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HomeMy WebLinkAboutContract 39290CITY SECRETARYQ � a CONTRACT NO. 2 � _� , ASSIGNMENT OF TAX ABATEMENT AGREEMENT This Assignment of Tax Abatement Agreement is made and entered into by and between Woodhaven Custom Homes, L.L.C., ("Assignor") and Christopher J. Hardey and Olivia Hardey, ("Assignee") and the City of Fort Worth, ("City") RECITALS A. Waterview Estates, L.P., Pars Investment, Inc., General Partner ("Waterview") and the City of Fort Worth, Texas (the "City") entered into that certain Tax Abatement Agreement ("Agreement") for Property Located S_Wrenada Dave, Fort Forth, Texas 76119 ; Lot 4; Block 1; Waterfront at Enchanted Bay; an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded and filed in Cabinet A; Slide No. 11723, Plat Records, Tarrant County, Texas ("Property") which is located in the Lake Arlington Neighborhood Empowerment Zone, such Agreement approved by the City Council of Fo Worth November 6, 2007, City Secretary Contract Number G} ("Agreement"). B. Pursuant to that certain Special Warranty Deed dated as of July 14, 2008 recorded under Tarrant County Deed Records, Waterview conveyed the Property to Assignor and Assignor acquired title to the Property which is the subject of the Agreement: C. Section 5 of the Agreement permits Waterview to assign all of its rights under the Agreement to Woodhaven Custom Homes, L.L.C. ("Woodhaven"), without obtaining the prior consent of the City Council: D. Waterview assigned the Agreement to Woodhaven Assignor, such Agreement 's City Secretary Contract Number rf t E. Pursuant to that certain Special Warranty Deed dated as of November 17, 2008, recorded under Tarrant County Deed Records, Assignor conveyed the Property to Christopher J. Hardy and Assignee acquired title to the real property which is the subject of the Agreement. F. 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: 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: OFFICIAL RECORD � CITY SECRETARY 1 � J /a WORTH., T.fi 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 I L-11016 , ("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 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 &Economic Development Department Neighborhood Empowerment Zone Program 1000 Throckmorton Fort Worth, Texas 76102 2 ASSIGNOR: Woodhaven Custom Homes, L.L.C. 1221 N 135 E Carrollton, Texas 75006 ASSIGNEE: Christopher J. Hardey and Olivia C. Hardey 5629 Grenada Drive Fort Worth, Texas 76119 8. Successors Except as herein otherwise provided, upon and inure to the benefit of the parties, and administrators, successors and assigns. this Assignment will be binding their respective heirs, executors, 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. IN WITNESS WHEREOF, the parties have executed this Assignment as of the date first above written. ASSIGNOR: Name: Mark Johns Title: President Homes, L.L.0 ASSIGNEE: Christopher J. Hardey and Olivia C. Hardey 61 Name: Christophe . Hard¢y CITY OF FORT WORTH T.M. Higgins Assistant City Manager ATTEST: Secretary APPROVED AS TO FORM AND LEGALITY: Charlene Sanders Assistant City Attorney M & C: C-22514 OFFICIAL RECOR[� CITE SECRETARY T. WORTH, TX STATE OF TEXAS § COUNTY 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. UNDER MY HAND AND SEAL OF OFFICE this day of 200g, Public in the State of Texas for PJIAF,iA S. SANCHEZ PdOTARY PUBLIC STATE OF TEXAS My Comm. Exp,12.14.2009 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Mark Johns, Vice President of Woodhaven Custom Homes, L.L.C., 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 the Woodhaven Custom Homes, L.L.C. a Texas limited liability company. GIjd1�I)Vi�1DER MY HAND AND SEAL OF OFFICE this 20th day of N� Notiti�ublic i and for the State of Te s STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Christoper Hardey and Olivia Hardey, 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. GI�E%1 UNDER MY HAND AND SEAL OF OFFICE this 20th day of November, Nota?y�ublic and for the State of xas Electronically Recorded Official Public Records Title GF<: YOUR S Date: Grantor: Tarrant County Texas 2008 Nov 26 11:31 AM Fee: $ 24.00 Submitter: ACS INC CH VENDOR'S l D2084JUI bb 3 Pages ONFIDENTIALIT Y RIGHTS: IF YOU ARE A NATURAL PERSON, EMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING %FAO INSTRUMENT THAT TRANSFERS AN INTEREST IN TY RE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: SFk If NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Grantor's Mailing Ad Grantee: Christopher 3, tom Homes, LLC, a Texas limited liability company, being ,ti d aIda Woodhaven Custom Homes, LLC, a Texas limited D ed, ed July 14, 2008 recorded in Clerk's File No. De d R b of Tarrant County, Texas. ,�`" 1�North 1-35E Denton County, Texas 7500b Grantee's Mailing Address: 29 enada llrty Worth, Tai • t Consideration: Cash and a Note of even d to ew , the order of SWBC Mortgage Corporation, n th ri pal Thousand Seven Hundred Six and No/100 liars $19 , C and superior vendor's lien and superior title tli Tttist of even date from Grantee to Edward Kershne Texas 76119 �xecuted by Grantee and payable to mount of One Hundred Ninety Two i.00). The Note is secured by a first 's` eed and by a first -lien Deed of A Property (including any improvements): Lot 4, Blo , ENCHANTED BY, an Addition to the City of Fort Wort ar Cn the Plat thereof recorded in Cabinet A, Slide 11723, of th Pla Texas. Reservations from Conveyance: None. WATERFRONT AT ty, Texas, according to 'ds of Tarrant County, Exceptions to Conveyance and Warranty: Liens described as ar if e C any other liens desci°ibed in this deed as being either assumed by Gran e or is taken by Grantee; validly existing restrictive covenants common to a atti which the Property is located; standby fees, taxes, and assessments by y the year 2009; validly existing utility easements created by the dedication subdivision in which the Property is located; validly existing reservations or e in writing by Grantee and described in Schedule B of the Owner Policy for Title to Grantee as part of this transaction; any discrepancies, conflicts, or shor ' oration and which title fib 'vision in au ority for 1 �+mof the 71dal ry lines, or any encroachments or protrusions, or any overlapping of improvements; kesf&d or community property or survivorship rights, if any, of any spouse of Grantee; and a lidl existing titles or rights asserted by anyone, including but not limited to persons, the �zb`�ic� br oorations, governments, or other entities, to (a) tidelands or lands comprising the shoye /� bed`s\of navigable or perennial rivers and streams, lakes, bays, gulfs, or oceans, (b) lands beyon t ae line of the harbor or bulkhead lines as established or changed by any gth n uenf, (c,} Aile�tTrrio% ands or artificial islands, (d) statutory water rights, including riparian or (e-� area,-•extz ding from the line of mean low tide to the line of vegetation or the right of ac�cFss tort} a'rea or etasement along and across that area. Grantofoz' tkze;�deation and subject to the Reservations from Conveyance and the Exceptions 6 Cod e_y� rice, m nd Warranty, grants, sells, and conveys to Grantee the Property, together with fl and si uj.,"c rights and appurtenances thereto in any way belonging, to have Ae and to hold it toy\QiwAgtt;e and 6�4*anteeIs heirs, successors and assigns forever. Grantor binds Grantor and G1'anto}"soIQes4nci�pssigns against every person whomsoever lawfully claiming or to claim Elic aie oi* r rpaq_thereof when the claim is by, through, or under Grantor but not otherwise, eXcic;zt s_O.A6 t!w-'Reservations from Conveyance and the Exceptions to Conveyance and Warranty,,.='r The vendor's lien agaiti�t �€1., s'upe��or tjt�to the Property are reined until each cote described is fully paid accordin�,<IV to s,Ahi w(:lr dime this deed will become absolute. When the context requires, uns and [�1GNATURES TU FU�1�UW,.4�1 -2- include the plural. PAGE] COUNTY OF V ( r . This 'nstnr e t wad acl4r�t��v1��; by _M 6' Homes, LLC, a Texas limited (iabtl_ c, before me on Lvrz c 2008, of Woodhaven Custom -r- yr n`$chalf of said limited liability company. AFTER RECORDING PLEASE 1ZL:TUIZN "I'O: Christopher .I. Hardey 5629 Grenada Drive Fort Worth, Texas 76119 -3- Real Estate Data Display Page 1 of 2 06/12/2009 Account Number:41250974 Georeference: 45259K-1-4 Property Location: 5629 Grenada Dr, Fort Worth Owner Information: Hardey, Christopher J 4501 Sheraton Dr Apt 214 Macon Ga 31210-1327 2 Prior Owners Legal Description: Waterfront @Enchanted Bay-Fw Blk 1 Lot 4 Taxing Jurisdictions: 026 City of Fort Worth 099 Regional Water District Show Available 220 Tarrant County Homestead Exemptions j _ 224 Tarrant County Hospital Dist 225 Tarrant County College Dist 905 Fort Worth ISD Locate with MapQuest This information is intended for reference only and is subject to change. It may not accurately reflect the complete status of the account as actually carried in TAD's database. Proposed Values for Tax Year 2009 Land Impr � 2009 Tota�h Market Value $0 $0 $0 Appraised Value* _ $0 $0 — $0 Approximate Size*** 159001 Land Acres 0.0000 j Land 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 $28,000 $0 $28,000 $28,000 �____ $0 $28,000 Exemptions: Property Date: 11/17/2008 strument: D208439166 Year Pct Complete:100 Protest Deadline: Protest Filed Class: 007A State Code: Al Single Family Garage Bays:02 Central Air: Y Central Heat: Y TAD Map: 2078 364 Pool: N http://www.tad.org/Datasearch/re.cfm?Account=%28%2F%214HJ%SD%3C%3EJ%20%SC%20 06/12/2009