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HomeMy WebLinkAboutContract 39293CFY ON R CT 0 a 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 Ronnie R. Jackson, ("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 5541 Grenada Drive; Lot 14; 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 Fort Worth November 6, 2007, City Secretary Contract Number �;U-0CKC ("Agreement"): B. Pursuant to that certain Special Warranty Deed dated as of August 14, 2007, 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 is dMC; d August 14, 2007, City Secretary Contract Number E. Pursuant to that certain Special Warranty Deed dated as of February 29, 2008, recorded under Tarrant County Deed Records, Assignor conveyed the Property to Ronnie J. Jackson 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 OITY SECRETARY T. WORTH, TX 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. e� 3. Effective Date. The effective date of this Assignment is - _O ("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 ASSIGNOR: Woodhaven Custom Homes, L.L.C. 1221 N 135 E Carrollton, Texas 75006 ASSIGNEE: Ronnie J. Jackson 5541 Grenada Dr. Ft. Worth, TX 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. I1V WITNESS WHEREOF, the parties have executed this Assignment as of the date first above written. ASSIG OR: Woodhaven stom Homes, L.L.0 Name: Mark Johns Title: President ASSIGNEE .R.onnickJ. Jackson Name: Ronnie J.1Jackson 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 ®FNita� htt�:C��t� CITY S�CR�TAR'� 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �% day of at J 12009. oe Notary Public in and for the State of Texas nnA��a s, saNcH�z NOTARY PUBLIC STATE OF TEXAS My Comm. Exp.12.14-2009 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. GIVEN UNDER February 08. Notar3%Public in and the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § AND SEAL OF OFFICE this 29th day of BEFORE ME, the undersigned authority, on this day personally appeared Ronie J. Jackson, 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�jEN UNDER NyY-HAND AND SEAL OF OFFICE this 29 day of February, 2008. Notary Public in a the State of Texas Electronically Recorded Tarrant County Texas Official Public Records 2008 Mar 04 11:36 AM D208075653 Fee; $ 24,00 Title GF �4��.r.�i�y,_„J Submitter: ACS INC 3 Pages SPECIA>a+.iW*RRAKW DEED WITH VENDOR'S LIEN �N_E O'CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSONt Y'O �Ay ]REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING IN ORiYIATIOXWFl 0 ANY INSTRUMENT THAT TRANSIF RS AN INTEREST IN RE I, PROPERTY FORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR S(WIAI.YSI kuiiiT NUMBER OR YOUR DRIVER'S LICENSE NUMBER. �l l 5r% rl Date: \1 Fp ruaxwf O.T. 2008 Grantor: Wttgdfi�:ven=G�sto� Homes, LLC, a Texas limited liability company l Grantor's Mailing desk: North I-35E ` Carrollton, Denton County, Texas 75006 Grantee: Ronnie J. Ja1?�ks6��r$ir�e 13�rson rantee's Mailing Address. 541�rc�l5a Gd rive f]"ort , arrant County, Texas 76119 Consideration: Cash and a Not v n date eyeeutex by Grantee and payable to the order of First Continental Mortgage, Ltd., a Texas lim'edp ers 1 ip, in the Principal Amount of Two Hundred Two Thousand One Hundred Fifty. wo ri /1 Dollars ($202,152.00). The Note is secured by a first and superior vendor's' ien nd eri title retained in this Deed and by a first -lien Deed of Trust of even date from Grciilte o Cli n A. Crabtree, Trustee. Praperty (inclYrding any impr-ovements): Lot 1� � �1, of V�ATERh'RONT A.T ENCHANTED I3A1, an Addition to the City of Fo1L , T9rrant County, Texas, according to the Plat thereof recorded in Cabinet A, Slide 117 ,1, of ih -PTa , cords of Tarrant County, Texas, �. Reservations from Conveyance: None. Exceptions to Conveyance and Warranty: Liens described �� p• `ct th�.0 any other liens described in this dead as being either assumed by trrte o� s,�ibi is taken by Grantee; validly existing restrictive covenants common tp platt4 which the Property is located; standby fees, taxes, and assessments b arty -lip the year 2008 and subsequent years, and subsequent taxes and as eessm,ent authority for prior years due to change in land usage or ownership; alidf, easements created by the dedication deed or plat of the subdivision in w rdi located; validly existing reservations or exceptions approved in writing by Grant in Schedule B of the Owner Policy for 'Title Insurance issued to Grantee transaction; any discrepancies, conflicts, or shortages in area or boundar 41 ideration and to which title ubdivision in itv for encr o-5Kghments or protrusions, or any overlapping of improvements; homestead or community propmyQr survivorship rights, if any, of any spouse of Grantee; and any validly existing titles or r}glits� ass Tted by anyone, including but not Iimited to persons, the public, corporations, garm nts, or other entities, to (a) tidelands or lands comprising the shores or beds of nav gable or po ennial rivers and streams, lakes, bays, gulfs, or oceans, (b) lands beyond the line h r�bo or ibulkhead lines as established or changed by any government, (c) filled -in lands or tifl•.oial'isl >1i�CiM1 st tutory water rights, including riparian rights, or (e) the area extending flora e 1_ii" meatr-[.o tide to the line of vegetation or the right of access to that area or easement along aitd,4&o< thi area. Grantoi;--for tl�a,,�f s�i ie ttion and subject to the Reservations from Conveyance and the Exceptions td., Convey ice�nd Warranty, grants, sells, and conveys to Grantee the Property, together with all and ~sirgii e rights and appurtenances thereto in any way belonging, to have and to hold it to"60c.rai tee an-antee`s ltcirs, successors and assigns forever. Grantor binds Grantor and Granto is �Sece soO, andf\assigns against every person whomsoever lawfully claiming or to claim tie e o .yrp r�t.t iereof when the claim is by, through, or under Grantor but not otherwise, ex6ep"e s A i the Reservations from Conveyance and the Exceptions to Conveyance and Warranty,,l XrOZ 4 The vendors lien agai�ist rand s`�p�or t�t�eo the Property are retaiired until each note described is fully paid according tQ,it9'tei j)as, h ph time this deed will become absolute. When the context requires, [SIGNATY7RES 1�O -2- and include the plural. PAGE) Real Estate Data Display Page 1 of 2 TAD Home » Property Data Search » Back Printable Version I Value Notice I %"; Homestead Exemption App Tarrant Appraisal District Real Estate 06/12/2009 Account 1Mu111be1 :41251075 Georeference: 45259K-1-14 Property Location: 5541 Grenada Dr, Fort Worth Owner Information: Jackson, Ronnie J 5541 Grenada Dr Fort Worth Tx 76119-8502 2 Prior Owners Legal Description: Waterfront @Enchanted Bay-Fw Blk 1 Lot 14 Taxing Jurisdictions: 026 City of Fort Worth Show Available Homestead Exemptions 099 Regional Water District 220 Tarrant County 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 Total** Market Value $55,000 $1255800 $1809800 Appraised Value* $5500 $125,800 $180,800 Approximate Size*** 15900 Acres 000000 .and _ 0 SgFt * 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 $555000 $98,700 $153,700 $55,000 $983700 $1533700 2009 Notice Sent: 04/30/2009 Exemptions: None Property Data Dee D e:02/29/2008 Inst um nt: D208075653 Year BuiIt:2007 Pct Complete:100 TAD Map:2078 364 Protest Deadline: 06/01/2009 Class: 007A State Code: Al Single Family Garage Bays:02 Central Air: Y Central Heat: Y Pool: N http://www.tad.org/Datasearch/re.cfm?Account=%28%2F%214HJ%SD87J%20X%20 06/12/2009