Loading...
HomeMy WebLinkAboutContract 38763CITY SECRETARY 0z 9 ,W �NTRACT NO. . �9 'ea. , 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 LIGHTHOUSE ASSEMBLY OF GOD, ("Seller") as of the date on which this Contract is executed by the last to sign of Seller and Purchaser ("Effective Date"). RECITALS 1. Seller is the owner of a 0.209 acre tract of land located in the William McGowan Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas said 0.209 acre tract of land being a portion of Lot 1, Block 1 of Lighthouse Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 4917 of the Plat Records of Tarrant County, Texas, said 0.209 acre tract of land also being a portion of a 10.540 acre tract of land (by deed) deeded to Lighthouse Assembly of God, Inc, as recorded in Volume 13437, Page 63 of the Deed Records of Tarrant County, Texas, together with any easements, rights -of -way, licenses, interests, and rights appurtenant thereto (collectively, the "Property"), as shown and more particularly described on the attached Exhibits "A" and "B", incorporated herein for all purposes. 2. Purchaser is a municipal corporation that desires to acquire the Property for public use. 3. Seller desires to sell the Property for fair market value for public use, which will benefit the citizens of the City of Fort Worth in general. 4. Under Section 21.023 of the Texas Property Code, Seller, Seller's heirs, successors, or assigns are entitled to repurchase the Property the City seeks to acquire if the public use for which the Property is acquired is cancelled before the tenth (10`h&) anniversary of the date of the acquisition. The repurchase price for the repurchase will be the fair market value of the Property at the time the public use was cancelled. 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 the Property to Purchaser, and Purchaser agrees to purchase and accept the Property from Seller, for the purchase price (as defined below), subject to the terms and conditions set forth in this Contract. CFW Purchase Lighthouse Assembly of God DOE# 5773 ��'1f SaECi�ETAR' T Wn. RTH. T t1— Rev. 3/10/09 (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 (as defined below) that are not cured and that are subsequently waived pursuant to Section 3 ("Permitted Encumbrances"). (c) Seller shall retain all mineral interests in the Property except that Seller shall waive any and all rights of egress and ingress upon or across the surface of the Property for purposes of exploring for or developing oil, gas hydrocarbons, or other minerals. Section 2. Indenendent Contract Consideration and Purchase Price. (a) Contemporaneously with the execution of this Contract, Purchaser delivers to Seller a check in the amount of One Hundred and 00/100 Dollars ($100.00) ("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). (b) The purchase price ("Purchase Price") for the Property, payable by Purchaser to Seller at closing (as defined below), is ONE HUNDRED THIRTY FIVE THOUSAND AND 00/100 DOLLARS ($135,000.00). Seller has determined that the Purchase Price reflects the current fair market value of the Property. Section 3. Title Commitment and Survey. (a) Within thirty (30) days after the Effective Date, Purchaser shall obtain at Buyer's sole cost and expense (i) a Commitment for Title Insurance ("Title Commitment") from Lite Title Company, setting forth the status of the title of the Property and showing all Encumbrances and other matters, if any, relating to the Property; and (ii) a legible copy of all documents referred to in the Title Commitment, including but not limited to, plats, reservations, restrictions, and easements. (b) If Purchaser does not have a survey of the property satisfactory to the Purchaser, in Purchaser's sole discretion, then within ten (10) days after the Effective Date of this Contract, Seller shall provide to Purchaser a copy of a survey of the Property (the "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 (1) 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 CFW Purchase Lighthouse Assembly of God DOE# 5773 -2— Rev. 3/10/09 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) If the Title Commitment or Survey discloses any Encumbrances or other matters, which are not acceptable to Purchaser in Purchaser's sole discretion, then Purchaser shall give Seller written notice thereof within fifteen (15) days after receipt of the Title Commitment, Survey and all documents referred to in the Title Commitment, specifying Purchaser's objections ("Objections"), if any. If Purchaser gives such notice to Seller, Seller shall use its best efforts to cure the Objections, but shall be under no obligation to do so. (d) If Purchaser gives notice of Objections and Seller does not cure the Objections, cause the Title Commitment and Survey to be amended to give effect to matters that are cured, and give Purchaser written notice thereof within the fifteen (15) day period following receipt of the notice of Objections from Purchaser ("Cure Period"), Purchaser shall have the right either (1) to terminate this Contract by giving written notice thereof to Seller at any time after the expiration of such Cure Period but prior to the expiration of the option period (as defined below in Section 6) and, upon such termination, neither party hereto shall have any further rights or obligations, or (ii) to waive the Objections and consummate the purchase of the Property subject to the Objections which shall be deemed to be Permitted Encumbrances. Notwithstanding the foregoing sentence, if Seller has commenced curing the Objections and is diligently prosecuting the same, as determined by Purchaser in Purchaser's sole discretion, then Purchaser in Purchaser's sole discretion may extend the Cure Period for an amount of time Purchaser deems necessary for Seller to cure the same. Section 4. Review Reports. Within five (5) days after the Effective Date,. Seller shall deliver to Purchaser for Purchaser's review any and all environmental or engineering reports and studies in Seller's possession concerning the Property ("Reports"). 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 risk and expense, and Purchaser agrees to indemnify and defend Seller and the Property from any liens and claims resulting from such Tests. The Property will be restored by Purchaser to its original condition at Purchaser's sole expense following any site work. 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). CFW Purchase Lighthouse Assembly of God DOE# 5773 -3— Rev. 3/10/09 Section 6. Option Period. (a) Notwithstanding anything to the contrary contained in this Contract, until ninety (90) 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, neither party shall have any further rights or obligations under this Contract. (c) If Purchaser gives notice of Contract termination to Seller under this Section, any Earnest Money shall be returned to Purchaser. (d) The provisions of this Section 6 control all other provisions of this Contract. (e) The parties agree that the Option Period will not be extended upon expiration without a written amendment signed by both parties. Section 7. Closing Contingencies (a) The closing ("Closing") of the sale of the Property by Seller to Purchaser shall occur through the office of the Title Company in no more than (15) days after the satisfaction of the following contingencies to Closing ("Closing Contingencies"), but not later than May 15, 2009. The Closing Contingencies are as follows: (b) Purchaser agrees to pursue the approvals and agreements described in the Closing Contingencies above with reasonable diligence. Seiler agrees to cooperate fully with Purchaser in connection with Purchaser's pursuit of the above approvals. (c) If any Closing Contingencies are not satisfied to Purchaser's satisfaction so that Purchaser is prepared to close on or before May 15, 2009, then Purchaser must terminate this Contract, and upon the termination, Seller shall retain the Earnest Money and any interest earned and neither party will have any further rights or obligations hereunder; however, the Closing may be extended if the Closing Contingencies are not satisfied if agreed to in writing by the parties. CFW Purchase Lighthouse Assembly of God DOE# 5773 -4— Rev. 3/10/09 Section 8. Closing Subject to Section (d) below, Closing shall occur on or after May 15, 2009, but not later than May 15, 2009. (a) At the Closing, all of the following shall occur, all of which are deemed concurrent conditions: (1) Seller, at Purchaser's sole cost and expense, shall deliver or cause to be delivered to Purchaser the following: (i) A General 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, with the precise form of the Deed to be determined pursuant to Section 10 below; (ii) 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 sale 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) Purchaser shall pay all recording fees and any other closing costs as set forth by the Title Company. (b) Ad valorem and similar taxes and assessments, if any, relating to the Property shall be prorated between Seller and Purchaser as of the Closing, based on estimates of the CFW Purchase Lighthouse Assembly of God DOE# 5773 -5— Rev. 3/10/09 amount of taxes that will be due and payable on the Property during the calendar year in which the Closing occurs. As soon as the amount of taxes and assessments on the Property for that year is known, Seller and Purchaser shall readjust the amount of taxes to be paid by each party with the result that Seller shall pay for any taxes and assessments applicable to the Property up to and including the date of Closing, and Purchaser shall pay for those taxes and assessments applicable to the Property after the 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 Purchaserfree and clear of all , tenancies of every kind. (d) If Purchaser is not prepared to close on or before May 15, 2009, the Closing may be extended if agreed to in writing by the parties. Section 9. Agents. 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 10. Closing Documents. No later than fifteen (15) days prior to the Closing, Seller shall deliver to Purchaser a copy of the General Warranty Deed, which is subject to Purchaser's reasonable right of approval. Section 11. Notices. (a) Any notice under this Contract shall be in writing and shall be deemed to have been served if (1) 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, (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, or (v) telecopied to the party at the telecopy number listed below, provided that the transmission is confirmed by telephone on the date of the transmission. (b) The address of Buyer under this Contract is: City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: Deanna Cody Right -of -Way and Easements Telephone: 817-3 92-83 79 Fax (817) 392-8361 CFW Purchase Lighthouse Assembly of God DOE# 5773 With a copy to: Leann D. Guzman City Attorneys Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Telephone: (817) 392-7600 Fax (817) 392-8359 -6— Rev. 3/10/09 (c) The address of Seller under this Contract is: Lighthouse Assembly of God. Pastor John Miller 4101 Golden Triangle Boulevard Keller, Texas 762484849 Telephone: 817/3 32-4840 (d) From time to time either party may designate another address or telecopy number under this Contract by giving the other party advance written notice of the change. Section 12. 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. (b) If Seller fails or refuses to consummate the sale of the Property pursuant to this Contract at Closing or 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 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. Section 13. 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 14. 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 15. Taking 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 (1) 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. CFW Purchase Lighthouse Assembly of God DOE# 5773 -7— Rev. 3/10/09 Section 16. Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. Section 17. 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. Section 18. Venue. Venue of any action brought under this Contract shall be in Tarrant County, Texas if venue is legally proper in that County. Section 19. 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 20. Business Days. 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. Section 21. Counterparts. This Contract may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. CFW Purchase Lighthouse Assembly of God DOE# 5773 -8— Rev. 3/10/09 This Contract is EXECUTED as of the Effective Date, SELLER: LIGHT HOUSE ASSEMBLY OF GOD 4101 GOLDEN TRIANGLE BLVD KELLER, TX 76248-4849 N- By: 0 (Name).J6 Mi er (Pastor)_ (Date) 1/A d ; zco9 BUYER: CITY OF FORT WORTH, TEXAS B� Name: Fernando Costa Assistant Ci Mana er ate• DO - Marty M&c L- ate. Dl I L l c c, DOE# 5113 secretary APPROVED AS TO LEGALITY AND FORM CFW Purchase Lighthouse Assembly of God DOE# 5773 j CITY SECRETARY FT. WORTH, 7'. � -9— Rev. 3/10/09 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: CFW Purchase Lighthouse Assembly of God DOE# 5773 -10— Rev. 3/10/09 Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 34 4101 Golden Triangle Boulevard Track 12A20B, William McCowan Survey, Abstract No. 999 Lot 1, Block 1, Lighthouse Addition Exhibit "A" Being a 0.209 acre tract of land out of the William McGowan Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas said 0.209 acre tract of land being a portion of Lot 1, Block 1 of Lighthouse Addition, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 4917 of the Plat Records of Tarrant County, Texas, said 0.209 acre tract of land also being a portion of a 10.540 acre tract of land (by deed) deeded to Lighthouse Assembly of God, Inc. as recorded in Volume 13437, Page 63 of the Deed Records of Tarrant County, Texas, said 0.209 acre tract of land 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 10.540 acre tract of land, said 1/2 inch iron rod being South 00 degrees 07 minutes 57 seconds West, 50.00 feet from the southeast corner of said Lot 1, Block 1 of Lighthouse Addition, said 1/2 inch iron rod being the most southerly southwest comer of Lot 1, Block 1, Lexington Place, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 4588 of the Plat Records of Tarrant County, Texas, said 1/2 inch iron rod being the southwest corner of Rancho Place (a 60' Private Street, Ingress and Egress Emergency Access and Utility Easement, Cabinet A, Slide 4588), said 1/2 inch iron rod also being in the existing north right -of --way line of Golden Triangle Boulevard (an existing 120' right -of --way); THENCE South 89 degrees 48 minutes 34 seconds West, with the south line of said 10.540 acre tract of land and with the existing north right -of --way line of said Golden Triangle Boulevard, a distance of 133.96 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for the intersections of the existing north right -of --way line of said Golden Triangle Boulevard with the proposed north right -of --way line of said Golden Triangle Boulevard, from which a 5/8 inch iron rod with cap stamped "C&B" found for a corner in the south line of said 10.540 acre tract of land bears South 89 degrees 48 minutes 34 seconds West, a distance of 692.15 feet; THENCE North 62 degrees 32 minutes 32 seconds East, with the proposed northeasterly right- of-way line of said Golden Triangle Boulevard, a distance of 37.64 feet to a 5/8 inch iron rod set with cap stamped "Gorrondona" set for the beginning of a non -tangent curve to the right having a radius of 325.00 feet, a central angle of 09 degrees 36 minutes 23 seconds and whose chord bears North 37 degrees 48 minutes 57 seconds East, a distance of 54.43 feet; Page 1 of 2 Golden Triangle Boulevard from I-35W to U.S. Highway No. 377 Parcel No. 34 1101 Golden Triangle Boulevard Track 12A20B, William McCowan Survey, Abstract No. 999 Lot 1, Block 1, Lighthouse Addition THENCE with the proposed northeasterly right -of --way line of said Golden Triangle Boulevard and with said non -tangent curve to the right, an arc length of 54.49 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for the beginning of a curve to the left having a radius of 275.00 feet, a central angle of 31 degrees 41 minutes 18 seconds and whose chord bears North 26 degrees 46 minutes 27 seconds East, a distance of 150.16 feet; THENCE with said the proposed north right -of --way line of said Golden Triangle Boulevard and with said curve to the left, an arc length of 152.09 feet to a 5/8 inch iron rod with cap stamped "Gorrondona" set for corner in the east line of said Lot 1, Block 1, Lighthouse Addition, said 5/8 inch iron rod with cap stamped "Gorrondona" set being in the east line of said 10.540 acre tract of land, said 5/8 inch iron rod with cap stamped "Gorrondona" also being in the most southerly west line of said Lot 1, Block 1, Lexington Place, said 5/8 inch iron rod with cap stamped "Gorrondona" set also being in the west line of said Rancho Place; THENCE South 00 degrees 07 minutes 57 seconds West, with the east line of said Lot 1, Block I of said Lighthouse Addition, with the east line of said 10.540 acre tract of land and with the most southerly west line of said Lot 1, Block 1, Lexington Place and with the west line of said Rancho Place, a distance of 193.97 feet to the POINT OF BEGINNING, and containing 9,121 square feet or 0.209 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All Bearings are referenced to the Texas Coordinate System, NAD-83, The North Central Zone, with a surface factor for this project of 1.00012. All bearings referenced here are grid, distances and areas shown are surface. Surveyed on the Ground: January 9, 2006 Jo�i L�. Coopef Re tered Professional Land Surveyor Texas No. 5254 Page 2 of 2 JC)N L. COCF'EFZ ...�A............i,,, 5254 DLO. FySC aip : ato��•��//� WILLIAM McCOWAN SURVEY ABSTRACT No. 999 NOTE: ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, NAD-83, THE NORTH CENTRAL ZONE, WITH A SURFACE FACTOR FOR THIS PROJECT OF 1.00012, ALL BEARINGS SHOWN ARE GRID, DISTANCES AND AREAS SHOWN ARE SURFACE. EXHIBIT "B " PARCEL 1vo, 34 CURVE TABLE CURVE RADIUS DELTA BEARING CHORD ARC C-1 325.00' 09'36237 N 37048'57"E 54.43' 54.49' C-2 275.00' 31'41718" I N 26046'27"E 1501611 152.09' LOT 1, BLOCK 1 — GHTHOUSE ADDITION BINET A, SLIDE 4917 P.R.T.C.T. � 10.540 ACRES (BY DEED) LIGHTHOUSE ASSEMBLY OF GOD, INC. (VOLUME 13437, PAGE 63 D.R.T.C.T. PROPOSED— RIGHT—OF—WAY RIGHT—OF—WAY ACQUISITION 9,121 SQ.FT, OR 0.209 AC. -5/8"IRON ROD � STAMPED "C&B" 1 �.� 692.15' if —� S 89'48'34"W S 89'48'34"yy 133.96' EXISTING — RIGHT—OF—WAY GOLDEN TRIANGLE BLVD. (A 120RIGHT—OF—WAY) LANDSCAPE BUFFER Ac IJTIIITY EASEMENT BLOCK 1 [Eli CRAWFORD FARMS CABINET A, SLIDE 9466 Km I &C.T. o�rrWoar W tr tr 00 Q � O Q LL 00 W U') U `t Y 5 W J m E V) Q� a: ~ X OJ J Z m W O Q O O Z Q 1 /2"IRON ROD FND — 60' PRIVATE STREET INGRESS AND EGRESS EMERGENCY ACCESS AND UTILITY EASEMENT CABINET A, SLIDE 4588 P.R.T.C.T. LINE TABLE LINE BEARING DISTANCE L-1 N 62'32'32" E 37.64' LOT 1, BLOCK 11 GOLDEN TRIANGLE ESTATES VOLUME 388-176, PAGE 83 P.R.T.C.T. 20' LANDSCAPE BUFFER Qc UTILITY EASEMENT 15 BLOCK 3 � CRAWFORD FARMS CABINET A, SLIDE 9466 P.RT ..C.Ta �16 100 50 0 100 SCALE IN FEET City o f Fo rt Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 EXHIBIT SHOWING A VARIABLE WIDTH RIGcT o0 n—WAY ACQUISITION ,� O F T � 10.540 ACRE TRACT OF LAND �Q;° �\ s r 4F q. �, SITUATED IN THE � WILLIAM McCOWAN SURVEY, ABSTRACT N0. 999 6000 COOWFR® CITY OF FORT WORTH, TARRANT COUNTY, TEXAS •°•0• °°°..».°.. AS RECORDED IN ; 9 5254 VOLUME 13437, PAGE 63 9 ° °� E sVU � DEED RECORDS OF TARRANT COUNTY, TEXAS 0 5 IANGLF RI VD- FRnM IH—.,I.rw Tr) IIc uwv 177 nivni—yr—rrr�r rig., v13111uiv AtCtH: a IYI �) uAKt I-ttl UK U.109 ACRES J�0 E u JOB N0. 0510-1693 DRAWN BY; JLC cenn cuco tao:_onw nwn R GI RED PROFESSIONAL DATE: AUGUST 7, 2008 PAGE 1 OF i SCALE: 1" _ inn' N 254 GORRONDONA do ASSOCIATES, INC. 6707 BRENTWOOD STAIR ROAD, SUITE 50 FORT WORTH, TX. 76112 0 817-496-1424 FAX 81 SURVEYOR ItlJ M Deb: i 1:5 - 1/� 13b,000.00 1-1.1 1-1 135,000.00 1$S,OOO.00 185,000.00 c� 7f� L/u 'I ALAYO TfTLE COMPANY 3600 Hulen Stest, Ft Worlh,'IX T8107 Phone: (817)731�8T15 F�tic: (817)738-6190 fr?T7a �"r"�7 _ 1 • 1 • 1 1111/ 11 135,000.00 i t-. [. _) . .r �_ �"F / Mstty H�or�drix, 165.00 1,030.00 :1 1� I lC�:i l:uE.�J 07-U9-09 P02�45 IN !hit R id A-1- • - • - •/i t r - • - • •I ill 11cs• • - - •. i1 ,. 1g41. c :1. N: •;t i. G. 1 - CY,/ 1 � ,.1: � V • p 1 ins" .:1:. J. ;t,-"t i��i�TtSITrT7.�:f.�. e•.t .r, x. •- r. :a 11 .:� .: 1 .r � . n t:•. _ WWI u • 171 11 1 1• .- _: 1 'c :r t • n: : N:I • • • :n 1 :r N • ' ' • • • :a • ::1 t ., r' ►:- t: at , is :c 1• :�• 11 '+ :IM: •• •!: :41V741twillt 1 P poili :1; :4 PRWIt !«:' : IV "1 01•1 10141re 1 2 • :+•' I' it 1• 1 :1...I Mt Mf1: :/► ►`.:11 _ i' 1 :1:11 • ' '' :(: �:Il • ( ►• J •1 11 • ^ C: 1' • :1 ,1:} 1- 1 t :I' :I'I• ;11 :I1: !-• Ck lit IL 41: il4w fall 1 : t 1 (wil :11 :1 J' :1' • • .. • i t 1 II 1 I; ;I:1:: 1'•"t: :'1:' :11 1': •• 1 • • :::1" :1' :1. t: IV LL :1' :1 11 t •) t 11 :1 .•�/ !:=1 I+.V Vol; 11 ' 1 :+; «' I: :=1 •1:= :II 1' :1: ,11 t •: :Iai': •M:\'1 f 11 "'C a [: t.' 1 t; t :.tf :Ia '•.I: i 1►:1 • Y' •" t t '•'. 1: •.'1 t 1. 1 I t -• .1. /' 1't II 1 f 1 t • • 1 t :I: • 1 t 1 • :I:I' 11 1'1 I OP 1 II ► a' 'I' w nne �wa•q �, � A1D1_OOi731 • :11 't ,1J' :/1 •• 1 :1 :P •• : ! • -•:1 ':P t;' • t • ' ;I: C' •' ,I:11• •,-••J:•:•.;f: !' tit tl ": •. / :1 •' 1 t •'' ,!! '•1 t :I: • i i I►Of 11IL16 "m `Lail Jill t t. t. C. NQ • �t '11 G' _ :�i 1 w,�b.va (wntq � a ATD1 OOBT31 rack 101 Golden Triangle Boulaverd •' r 1 it «.. r , , ..rr_• .• rr r • •. •r _ r _.. r • rr ua: • - ! 1.1 r •r r r • • «e �n •.r tch • being in the exisfi*= north r t• _ , r r :u 1 w 7! r rr • _ t rr 1 `) Triangle Boulevard, a distance of 133.96 feet to a 518 inch iron rod with cap stamped t• the - r r of north rigl#&Aof�way of .. Golden Triangle Boulevad with the proposed north ngt*ofLway hne of said Golden Triangle Boulevard, ftm which a V8 inch •, rodfbund for 00nw mi die south fine of said tO.540 :. > r of r bears South 89 degrew seconds HENCE North 62 dew s 32 minutes 32 seconds En�:e� i+ift 6e L�4 iron •r ad withr r rr the i of a noangent curve to die right having a radius of 1! fixt, a centralof 09 degrees minutes 23 seconds and whose chord bears North 37 degrea 48 minutes 57 seconds distance Page i of 2 I'J ' 1 J If 11 AT TT red No. 34 Y Q W11111111111 1 l 1 1 'l :. _curve to the riv/1 lengthan arc of - 1 ironith stamped f f f V • 1 MM Of 1 the Chewift Ia radiusof 0% fM 8 central of degrees iuges IS $wondii AM Whose chord bcars Noah 26 degrees 46 minutes 27 1 1 'distance/ / and with 1curveto ilength 1 of 1 feet oincl iron rod I stampedcap GI •1 for corner in the east line of said LAx 1, Block I, Lighthouse 11f • •' • . inch •�f rod withcap stamped G1 f 1 na" set being in the east lint of ' 'acm had ofIt rod I cap stamped 111 being 1 / 1 'iy aid 5/8 inch '.1 of3dd Lot 19 Block 1. Lexington Place, said 54 inch Iron Tod with cop stamped'Xionwidona" so alsobeing inthe west line of said Rancho Plaw, South 00de07 greesminutes 57 accands 1 the east line 1said1 I of said _ 1 11 • Addition, 1 said10-50 Block of iI and withthemost •. f. 1 e _ __ fine of said Lot 1. Block 1. Lexington I the west line of said RJUIChodistance Place. a _ 193.97 11thePOINT moreor less. 1 herewith accompanies this legal description, (2) All Bearings are -i 1 the Tom Coordinate.t 1 North Central Zone, with a surface factor for this project 1 1.00012. All bearings shownrefamced hem are grid, distimcas and arew Regilteral Professions! Laid Surveyor Texas No. 5254 Page 2 of 2 WfLLf%m MCWWAN SURVEY A13STRACT No. 999 EXHIBIT "B " PAfiQrL No. 84 ..Zmp •' r •� -•i• �rcltNot .aiS'� ' ®� W. r • .. •eLocK •- it • GOLDEN r MTATES _.<VOLUME -i3., r as2.16• s as•ia•s�.w S GOLDEN TF#iANGLE BLVD. ffi 6 tfialiY Ea•'Yo•T 15 16 \BLOCK 3 100 30 0 100 � 9 P.R.T.C.T. SCALE IN FEET • AA CITY COUNCIL AGENDA DATE. 6/16/2009 CODE: L COUNCIL ACTION: Approved on 6/16/2009 REFERENCE L-14792 LOG NAME: NO.. TYPE: NON- PUBLIC CONSENT HEARING: Official site of the City of Fort Worth, Texas FORTTH 20ROWLIGHTHOUSE SUBJECT: Authorize Fee Acquisition of Right -of -Way from Lighthouse Assembly of God Located at 4101 Golden Triangle Boulevard in North Fort Worth for $135,000,00 and Pay the Estimated Closing Costs of $5,000.00 RECOMMENDATION: It is recommended that the City Council: 1. Authorize Fee Acquisition of right -of --way from Lighthouse Assembly of God located at 4101 Golden Triangle Boulevard in north Fort Worth for $135,000.00 for the widening of Golden Triangle Boulevard; 2. Find that the $135,000.00 settlement offer plus estimated closing costs of $5,000.00 is just compensation; and 3. Authorize the appropriate City representative to execute the documents necessary to complete the settlement as well as acceptance and recording of appropriate instruments. DISCUSSION: The 2004 Capital Improvement Program included funds for the reconstruction of arterial streets, including Golden Triangle Boulevard from Interstate Highway 35W to United States Highway 377. The right -of --way is necessary for the widening of Golden Triangle Boulevard from two to four lanes. Lighthouse Assembly of God has agreed to sell the right -of --way for the negotiated amount of $135,000.00.+The acquisition cost is based on an outside independent appraisal of $118,700.00. Staff is of the opinion that a delay for condemnation would result in a project cost increase greater than the negotiated difference agreed to by the Lighthouse Assembly of God and therefore recommends that the City purchase the right -of way for the negotiated price of $135,000.00. Closing costs are estimated at $5,000.00. The land to be acquired is described as follows: Grantor Lighthouse Assembly of God Legal Description A Portion of Lot 1, Block 1 Lighthouse Addition, Fort Worth, Tarrant County, Texas Estimated Closing Costs The property is located in COUNCfL DISTRICT 2, Mapsco 22P Acreage Amount 0.209 $135,000.00 5 000.00 Total $140,000.00 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Originating DeFartment Head: Additional Information Contact: ATTACHMENTS 20ROWLIGHTHOUSE.pdf C200 541100 202230014041 $140,000.00 Femando Costa (6122) William A. Verkest P. E Deanna Cody (8379) (7801) NAM ■ §y$ .$� ._y.._ILI LVVI ILIy-.#a\WJI I IqUI It CIO ©« .. representative of hChapel Assembly of God concerning the expansion $` Golden ^ $ f Boulevard. <*� e _ ? � .■ . . .z 2^ It� a �6 pie CSap� �a5e�� / ofGOd (�� e2/ Ll §� oQae /Sse�� / of GOB 4 7Uf Goi den T %%Agl e Keiler I /§24S 87� 4j1-gdd8