HomeMy WebLinkAboutContract 42052-AD1CITY SECRETARY 2051- `
CONTRACT NO.
NOTICE VV CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER,
MEMORANDUM OF PURCHASE RIGHTS
STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS$
COUNTY OF TARRANT §
This Memorandum of Purchase Rights (this "Memorandum") is executed effective as of
t4VAuj6L /, , 2011 (the "Effective Date"), by and between 820 MANAGEMENT TRUST ("Bass"),
and the CITY OF FORT WORTH, TEXAS, a home rule Municipal Corporation of the State of Texas
On July 27, 2011, Bass and the City entered into that certain Contract of Sale and Purchase of
Real Property (the "Contract") wherein Bass agreed to sell to City that certain real property more
particularly described on EXHIBIT "A" attached to this Memorandum (the "Property"), and at the
closing of the sale of the Property, City agreed to grant to Bass certain rights to repurchase the Property
all on the terms and conditions specified in the Contract.
As of the Effective Date of this Memorandum, the City has purchased the Property from Bass.
City and Bass are executing, acknowledging and recording this Memorandum to provide public
notice of (i) the existence of the Contract, and (ii) the rights which exist in favor of Bass to acquire
ownership of the Property under the terms and conditions of the Contract.
This Memorandum is being recorded to provide public notice, and nothing in this Memorandum
shall be deemed to alter, amend or in any way affect the terms of the Contract. This Memorandum may
be executed in multiple counterparts, each of which will be deemed an original, but which together shall
constitute one and same instrument.
1274895_1
[Signature page follows]
1
®FFICiA� RECORD
CITY SECRETARY
FT, WORTH, TX
BASS:
820 MANAGEMENT TRUST
By:
Name:
Title:
Ardon E. Moore
Attorney -in -Fact for Lee M. Bass, Trustee
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of a3mi2eX2011, by Ardon
E. Moore, Attorney -in -Fact for Lee M. Bass, Trustee, on behalf of 820 Management Trust,
EM1LY MARSFUI OWEN
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. 09.15.2015
My commission expires:
OFFICIAL rtECORD
CITY SECRETARY
1274893_I
CITY:
CITY OF FORT WORTH TEXAS
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF TARRANT §
Z'his instrument was acknowledged before me on the 2` day of 2011, by
Fer �exa�o Cg,V2L , 5 Cs1-�,�� J rof the City of Fort Worth, Texas, on behalf of said city.
jw 1
Notarf► r�k.
stag d Trtxas
com+�+. rave 10-26-13
Attest;
M&C �— �sPas�
Date: '1 - a -20 l
APPROVED AS TO LEGALITY AND FO
IUWA Ok
After Recording, Please Return to:
Ms. Sharon S. Millians
Kelly Hart &Hallman LLP
201 Main Street, Suite 2500
Fort Worth, Texas 76102
i Manage_ 1274895_ I 3
Notary Public, St��Texas
Printed Name:
My commission expires: is
OF�ICI,�L RECORD
CfTY SECRETARY
T. WORTH, TX
EXHIBIT "t%
being n tract of land situated in the J. Johnson Survey, Abstract Number 871 and the C. K.
Gleason Survey, Abstract Number 559, Tarrant County, Texas, being all of that certain 88.383
acre tract of land conveyed by deed to Lee M. Bass, Trustee for the 820 Management Trusl, in
Volume 13824, Page 336, Decal Records, Tarrant County, Texas (D.R.T.C.T.) and a portion of
That certain 284.53 acre tract of land conveyed by deed to Lee M. Bass, Trustee for the 820
Management Trust, in Volume 13824, Page 337. D.R.T.C.T. and being further described by
wctes and bounds as follows:
BEO1NNiN0 at a 1!2 capped inch iron rod stamped "Arco Surveying" found at the northwest
comer of said 88.383 acre Loa M. Floss. tract and most northerly northeast confer of that oplsin
era t of land conveyed by deed to West Side Sanitary Land Fill, Inc., in Volume 6477, Page 335,
D.R.T.C.T. and being in the soutb line of that oertain tract of land conveyed by dead to Waste
Management of Texas, lac., in Volume 12208, Page 2281, D.R.T.C.T., from which an axle
found for the northwest corner of said West Side Sanitary Land Fill tract bears N 89° 24' 40" W.
bb 1.37 fed;
Thence S 89° 24. 40" E, along fire common north line of said 88.383 acre tract and fire south line
of said Waste Management of Texas tract, 168.55 feet to a railroad spike set, being the
southernmost southwest corner of said 284.53 acre tract and the southeast corner of said Waste
Management of Texas track
7ltextex N 460 41' 26" W, along Ute common west line of said 284.53 aae tract and tt►e east Tina
of said Waste Management of Texas trail, 237.95 feet to a railroad spike sd;
71ter►oo S $90 24' 40" E, crossing said 284.53 acres area. 3,035.57 feet to a PK Nail set in asphalt,
being in the east line of acid 284.53 acre tract and tba centerlines of Cvuaty Road Number ! 029
(Chapin Road);
The►tca S 0° 02' 57" W, along the common east line of said 284.53 acre tract and said centerline,
175.01 feat to a PK Nail set io asphalt, being the sa►theast corner of said 284.53 sera tract on the
north line of said 88.383 acre tract, from which a t inch iron rod found boars N 89° 24' 40" W,
2I.00 feet;
Tl►ence 5 84° 24' 40" C, along the common north line of said 88.383 acre trail and the centerlines
of said County Rosd Number 1029 (Chapin Road), 16.43 feet to a PK Naii sot in asphalt for the
northeast corner of said 88,383 acre tract and the northwest corner of that certain 145,309 acre
tract conveyed by deal to Lee M. Bass, Trustee for the 820 Management Trust, in Volume
13824, Pago 339, D.R.T.C.T.;
7'hcnct S 08° 35' 14" W, along the common test tine of said 88.383 acre tract and the: west line
of said 145.309 acre tract, at a distance of 15.08 fret passing a found 1 inch iron rod found, in all
a total distance of 1,224.73 feet to a 1 inch iron rod found;
Thence S 160 57' 44" W, continuing along said common line, 859,04 feet to a 3/8 inch iron rod
with cap stamped 'TRANSYSTEMS CORPORATION' set, being the southeast comer of said
88.383 acre tract and the easternmost northeasterly corner of said West Side Sanitary Land Fill
tract;
Thence N 560 24. 21" W, along the comn►on southwest line of said 88.383 sue tract and the
i►actheasterly line of said Weal Side Sanitary Land Fill tract, 714.58 feet to a 518 inch iron rod
with cap stamped'TRANSYSTEMS CORPORATION' set;
Thence S 78° 10' 39" W, continuing along said common line, 408.70 feet to a 5/8 inch iron rod
with cap stamped `TRANSYST AS CORPORATION' set;
Tlicn e N 80° 13' 21" W, continuing along said common line, 300.70 feet to a 518 inch iron rod
with cap stemped'TRANSYSIMMS CORPORATION' set;
Tt►enca N 19° 18' 2 1 " W, continuing along said common One, 671.20 feet to a 5/8 inch iron rod
with cap stamped "I7tANSYS77?MS CORPORATION' seh,
'fl►euco N 60° 38' 2I" W. continuing along said cannon lines, 81 L25 Cott to a 5/8 inch iron rod
with cap stamped •TRANSY37EMS CORPORATION' set;
Thence N 300 44' 2 1 " W, continuing along said common line, 779.65 feet to the POINT OF
BEGINNMG and containing 100.167 acres (4,363,279 square feet) of land, more or leas.
1274895_1
M&C -Council Agenda
Page 1 of 3
City of Fort Worth, Texas
Mayor and Council C�
:•] iil ii'
unication
COUNCIL ACTION: Approved on 7/26/2011 -Ordinance Nos. 19804-07-2011 & 19805-07-
2011
DATE: Tuesday, July 26, 2011
LOG NAME: 60MARYS CREEK ACQUISITION
REFERENCE NO.: L-15222
SUBJECT:
Authorize Acquisition of 100.167 Acres of Land Located Along Chapin Road in West Tarrant County for the
Future Mary's Creek Water Reclamation Facility from The 820 Management Trust, for $4,900,000.00 Plus
Estimated Closing Costs of $50,000.00, Authorize Transfer of Funds and Adopt Appropriation Ordinances
(EXTRA TERRITORIAL JURISDICTION NEAR COUNCIL DISTRICTS 3 and 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations
in the amount of $4,950,000.00 in the Sewer Capital Project Fund PS58;
2. Authorize the transfer of $4,950,000.00 from Sewer Capital Project Fund PS58 to the Sewer Capital
Projects Fund P258;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Projects Fund P258 in the amount of $4,950,000.00 from available funds;
4. Authorize the acquisition of 100.167 acre tract of land from The 820 Management Trust, located along
Chapin Road in west Tarrant County; for the City of Fort Worth Water Department for $4,900,000.00 plus
estimated closing costs of $50,000.00; and
5. Authorize the City Manager, or his designee, to execute and record the appropriate instruments
conveying the property to complete the sale.
DISCUSSION:
On February 27, 2009 (M&C C-23367) the City Council authorized the award of an Engineering
Agreement with TranSystems Corporation Consultants to conduct site evaluation of a Water Reclamation
Facility operating within Mary's Creek drainage basin west of Loop 820 West. The evaluation processes
resulted in three preferred sites for further detailed review and assessment.
On February 9, 2010, the three finalist sites were made public during a presentation to the City Council's
Infrastructure and Transportation Committee. Since then, the Water Department has conducted numerous
public outreach efforts with neighborhood groups and other organizations in the area, along with an open
house on April 7, 2010, a special neighborhood meeting on June 7, 2010 and meetings with Chapel Creek
and Lost Creek Neighborhood Associations. These outreach efforts have not only presented facts and
information to the public, but also generated feedback from citizens and stakeholders. Based on
comments from citizens and other stakeholders and the evaluation of additional information related to
neighborhood impacts, adjacent land uses, flood plain considerations, gas well drilling activities and
proximity to Westside Water Treatment Plant; the final site selected was Site No. 10 (see attached Exhibit
No. 1).
Site No. 10 is located on the west side of the extra -territorial jurisdiction of the City of Fort Worth, at 11091
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M&C -Council Agenda
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Chapin Road, approximately one half -mile north of IH 30 and one mile east of the Tarrant -Parker County
line and is more particularly described as follows:
820 ract 1A, James C. Johnson
agement Survey, 8.383
No. 871
(Tarrant County, Texas
otal Land Cost 100.167 $4,900,000.00
itle Insurance and City's $ 50,000.00
Share of Closing Costs
GRAND TOTAL $4,950,000.00
Site No. 10 includes land for the proposed Mary's Creek Water Reclamation Facility and
regulatory required set -backs from adjacent property owners, together with additional acreage
to allow greater set -backs and provides additional open space that can be available for joint use.
An appraisal was performed by an independent licensed appraiser which is part of the
standard process. The City and property owner agreed to the total purchase price of $4,900,000.00
for the property. The real estate taxes will be prorated with the seller being responsible for
taxes due up to the closing date. The City will pay for title insurance plus its share of closing
costs not to exceed $50,000.00. Included in the sales agreement the City commits to meet the
design standard outlined in Chapter 3 of the final site selection report dated August 2010.
The City further agrees that the water reclamation facility meets the community livability criteria
such as odor control, noise abatement, appropriate and focused lighting, perimeter fencing,
architectural enhancements and storm water guidelines for development. The City also agrees to
wire earnest money to the title company within three days of Council's acceptance in the amount
of $75,000.00, which is included in purchase price.
Mary's Creek Reclamation Facility was identified in the May 2009 Impact Study as an Impact Fee
eligible project.
The property is located in the City of Fort Worth Extra Territorial Jurisdiction Near COUNCIL DISTRICTS 3
and 7, Mapsco 71 L.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendation
and adoption of the attached appropriation ordinances, funds will be available in the current capital
budget, as appropriated, in the Sewer Capital Projects Fund.
FUND CENTERS:
TO Fund/AccounUCenters
1)PS58 441012 013580200050
1)PS58 538040 070580200050
2&3)P258 476058 0703290123941
2&3)P258 541100 7032900123941
CERTIFICATIONS:
FROM Fund/AccountlCenters
$4.950.000.00 2) PS58 538040 07058020050
$4.950.000.00 4) P258 541100 703290123941
$4.950.000.00
$4.950.000.00
$4.950.000.00
$4.950.000.00
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M&C -Council Agenda
Page 3 of 3
Submitted for Citv Manager's Office bv:
Originatina Department Head:
Additional Information Contact:
Fernando Costa (6122)
S. Frank Crumb (8207)
Peter Fu (8438)
ATTACHMENTS
1. 60Marv's Creek WRF (MC Exhibit).pdf (Public)
2. 60MARYS CREEK ACQUISITION Rec1 REV.doc (Public)
3. 60MARYS CREEK ACQUISITION Rec3 REV.doc (Public)
4. 60MARYS CREEK ACQUISITION FAR.pdf (CFW Internal)
5. MARS Screen Funds Avail for 60Marvs Creek Aguisition.pdf
6. PS58-538040.doc (CFW Internal)
(CFW Internal)
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15649&print=true&DocType=Print 11/2/2011