HomeMy WebLinkAboutContract 40230CONTRACT OF SALE AND PURCHASE
(Purchase by City of Fort Worth from Fort Worth Transportation Authority)
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 FORT WORTH TRANSPORTATION AUTHORITY, a political
subdivision of the State of Texas created pursuant to Chapter 452, Transportation Code, acting
by and through Richard L. Ruddell, its duly authorized President ("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 7,053 square feet of land situated in the S. G. Jennings Survey,
Abstract 844, Tarrant County, Texas in the Original Town of Fort Worth and being a
portion of that certain tract of land set apart to Thomas R. Jennings, et all by the
judgment in Cause No. 153-51717-78 in the District Court of Tarrant County, Texas said
judgment recorded in Book 112, Page 133 of the District Court Records of Tarrant
County, Texas Tarrant County, Texas and the same tract of land conveyed to the Fort
Worth Transportation Authority by instrument recorded in Document No. D206158668,
Deed Records, 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 Exhibit "A", incorporated herein for all
purposes.
2. Purchaser is a municipal corporation that .desires to acquire the Property for the rerouting
of 9`h Street for public use.
3. Seller desires to sell the Property for fair market value.
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 (10anniversary 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 representations, warranties and agreements
contained herein, and for other good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, Seller and Purchaser agree as follows: r------
Section 1. Sale and Purchase.
1iyc3e ParParkTransit Plaza CFW'S Purchase from
fort VVG'orth Transportation Authority
OFFICIAL RECQRD
CITY SECRET�4RY
T. WORTH, TX
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(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.
(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 (as defined below) and the Survey (as defined below) that are not cured and
that are subsequently waived pursuant to Section ("Permitted Encumbrances").
(c) In Seller's conveyance of the Property to Purchaser, the following rights and
interests shall be reserved to Seller (or have previously been reserved by Seller's predecessor in
title) and such reservation is hereby approved for all purposes: all right, title and interest in and
to all oil, gas, and other minerals in and under the Property, if any. Seller waives and conveys to
Purchaser any and all rights of egress and ingress to or from, upon or across, the surface of the
Property for purposes of exploring for or developing oil, gas hydrocarbons, or other minerals,
Section 2. Independent Contract Consideration and Purchase Price.
(a) Contemporaneously with the execution of this Contract, Purchaser delivers to
Seller a check in the amount of Fifty Dollars and 00/100 Dollars ($50.00) ("Independent
Contract Consideration") which the parties bargained for and agreed to 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 SIX HUNDRED TH®►USAND and 00/100 D®LEAKS
($600,000.00). Seller has determined that the Purchase Price reflects the current fair market
value of the Property.
Section 3. Title Commitment and Survev.
(a) Within thirty (30) days after the Effective Date, Purchaser shall obtain at
Purchaser's sole cost and expense (i) a Commitment for Title Insurance ("Title Commitment")
from the 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.
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(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 Seller'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 (i) 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
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 (i)
to terminate this Contract by giving written notice thereof to Seiler 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. Representations, Warranties, "A5 IS"
(a) EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, PITRCHASER
ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES N®T
MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY
REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS
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Fort Worth Transportation Authority
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OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER
EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF,.
AS, TO CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE,
QUALITY OR CONDITION OF THE PROPERTY INCLUDING, WITHOUT
LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE
DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY
FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT
THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY .OR ITS
OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF
ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE
HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER
OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY,
INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF
REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER
WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT SELLER HAS
NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY
REPRESENTATIONS REGARDING COMPLIANCE ,WITH ANY ENVIRONMENTAL
PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS,
ORDERS OF REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE
U. S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R.,
PART 261, OR THE DISPOSAL OR EXISTENCE IN OR ON THE PROPERTY, OF
ANY HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 19809
AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER.
PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN
GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, PURCHASER IS
RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT
ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER. AS A
MATERIAL PART OF THE CONSIDERATION FOR THIS AGREEMENT, SELLER
AND PURCHASER AGREE THAT PURCHASER IS TAKING THE PROPERTY "AS
IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS
NO WARRANTY BY SELLER THAT THE PROPERTY IS FIT FOR A PARTICULAR
PURPOSE. PURCHASER ACKNOWLEDGES THAT IT IS NOT RELYING UPON
ANY REPRESENTATIONS, STATEMENTS, ASSERTIONS OR NON -ASSERTIONS BY
THE SELLER WITH RESPECT TO THE PROPERTY CONDITION, BUT IS RELYING
SOLELY UPON ITS EXAMINATION OF THE PROPERTY. PURCHASER TAKES
THE PROPERTY UNDER THE EXPRESS UNDERSTANDING THERE ARE NO
EXPRESS OR IMPLIED WARRANTIES (EXCEPT FOR LIMITED WARRANTIES OF
TITLE SET FORTH IN THE CLOSING DOCUMENTS). UPON CONVEYANCE, AS
BETWEEN SELLER AND PURCHASER, THE RISK OF LIABILITY OR EXPENSE
FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY, EVEN IF
ARISING FROM EVENTS BEFORE CLOSING, WILL BE THE SOLE
RESPONSIBILITY OF PURCHASER, REGARDLESS OF WHETHER THE
Hyde Park Transit Plaza CFW'S Purchase from
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ENVIRONMENTAL PROBLEMS WERE KNOWN OR UNKNOWN AT CLOSING.
ONCE CLOSING HAS OCCURRED, PURCHASER INDEMNIFIES, HOLDS
HARMLESS AND RELEASES SELLER FROM LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY, INCLUDING, BUT NOT LIMITED TO,
UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION
AND LIABILITY ACT ("CERCLA"), THE RESOURCE CONSERVATION AND
RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE DISPOSAL ACT OR THE
TEXAS WATER CODE, PURCHASER INDEMNIFIES, HOLDS HARMLESS AND
RELEASES SELLER FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS
OR CONDITIONS AFFECTING TH! PROPERTY ARISING AS THE RESULT OF
SELLER'S OWN NEGLIGENCE OR THE NEGLIGENCE OF SELLER'S
REPRESENTATIVES, BUT NOT ANY WILLFUL ACTS OR OMISSIONS OR GROSS
NEGLIGENCE OF SELLER OR SELLER'S REPRESENTATIVE, S. PURCHASER
INDEMNIFIES, HOLDS HARMLESS AND RELEASES SELLER FROM ANY
LIABILITY FOR ENVIRONMENTAL PROBLEMS OR CONDITIONS AFFECTING
THE PROPERTY ARISING AS A RESULT OF THEORIES OF PRODUCTS
LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO
EXISTING LAWS ENACTED AFTER CONVEYANCE DATE THAT WOULD
OTHERWISE IMPOSE ON SELLER IN THIS TYPE OF TRANSACTION NEW
LIABILITIES FOR ENVIRONMENTAL PROBLEMS OR CONDITIONS AFFECTING
THE PROPERTY. PROVISIONS OF THIS SECTION SHALL SURVIVE THE
CLOSING. IT IS UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE HAS
BEEN ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT ALL OF THE
PROPERTY IS SOLD BY SELLER AND PURCHASED BY PURCHASER SUBJECT TO
THE FOREGOING. PURCHASER ACKNOWLEDGES AND ACCEPTS ALL THE
TERMS AND PROVISIONS BY HIS ACCEPTANCE HEREOF.
b. The provisions of Section 5(a) shall be incorporated into the Deed.
c. The provisions of Section 5(a) shall survive the closing (as defined below).
Section 6. 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, enviromnental
and engineering tests, borings, analysis, and studies ("Tests"). Any Tests shall be conducted at
Purchaser's sole risk and expense. 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).
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
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the following contingencies to Closing ("Closing Contingencies"), but not later than May 17,
2010. The Closing Contingencies are as follows:
(1) Any easements conveyed to the City will be at no cost to the City.
(b) Purchaser agrees to pursue the approvals and agreements described in the Closing
Contingencies above with reasonable diligence. Seller agrees to cooperate fully with, Purchaser
in connection with Purchaser's pursuit of the above approvals.
(e) If any Closing Contingencies are not satisfied to Purchaser's satisfaction so that
Purchaser is prepared to close on or before May 17, 2010, 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.
Section 8. Closin Subject to .Section (d) below, Closing shall occur on or after May
3, 2010, but not later than May 17, 2010.
(a) At the Closing, all .of the following shall occur, all of which are deemed
concurrent condit )ns:
(1 } Seller, at Seller's sole cost and expense, shall deliver or cause to be
delivered to Purchaser the following:
(i) A Special 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.
I�yde Park Transit Plaza CFW'S Purchase frorn
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(3) Title Company shall issue to Purchaser, at Purchaser's sole cost and
expense, a Texas 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) Except as otherwise provided herein, all costs and expenses in connection
with Closing shall be paid or borne by Purchaser, including without limitation,
Title Company, attorney and escrow settlement fees, costs of tax certificates,
Survey costs, and title insurance policy costs.
(6) Seller shall pay all closing costs.
(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
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 7(b) survive the Closing.
(c) Upon completion of the Closing, Seller shall deliver possession of the Property to
Purchaser, free and clear of all tenancies of every kind.
(d) If Purchaser is not prepared to close on or before May 17, 2010, the Closing may
be extended if agreed to in wng by the parties,
Section 9. Agents. Seller and Purchaser each represent and warrant to the other that it
ith
has not engaged the services of any agent, broker, or other similar party in connection wthis
transaction.
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Section 10. Closing Documents. No later than fifteen (15) days prior to the Closing, Seller
hall deliver to Purchaser a copy of the Special Warranty Deed, which is subject to Purchaser's
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 (i) 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 ofFort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Katherine Davenport
Housing and Economic Development
Telephone: 817-3 92-7923
Fax (817) 392-2431
(c) The address of Seller under this Contract is:
Fort Worth Transportation Authority
1600 East Lancaster Avenue
Fort Worth, TX 76102
Telephone: 817-2154600
Fax 817-215-8746
With a copy to:
Leann D. Guzman
City Attorneys Office
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Telephone: (817) 392-8973
Fax (817) 392-8359
With a copy to:
Sylvia M. Hartless
General Counsel
Fort Worth Transportation
Authority
1600 Lancaster Avenue
Fort Worth, TX 76102
(817)215-8702
Fax (817) 215-8746
shartless@the-t.com
(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.
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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.
with respect to this Contract.
Section 15. Time of the Essence. It is expressly agreed that time is of the essence
with respect to this contract.
Section 16. 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 (i) 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.
Section 17. Governing Law. This Contract shall be governed by and construed in
accordance with the laws of the State of Texas.
Section 18. 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.
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Section 19. Venue. Venue of any action brought under this Contract shall be in Tarrant
County, Texas if venue is legally proper in that County.
Section 20. 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 21. 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 22. Counterparts. This Contract may be executed in multiple counterparts, each of
which will be deemed an original, but which together will constitute one instrument.
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This Contract is EXECUTED as of the Effective Date.
SELLER:
FORT WORTH TRANSPORTATION AUTHORITY
1600 LANCASTER AVENUE
FORT WORTH, TEXAS 76102
By:
Name: Richard L. Ruddell, President)
Executive Director
APPROVED AS TO LEGALITZ' AND FORM
yl�ia M. Hartless, General Counsel
BUYER:
CITY OF FORT WORTH, TEXAS
By.
Name: T. M. Higgins, Assistant City Manager
Marty, Hendrix,
M&C: PZ-2831
Date: June 16, 2009
Secretary
I�yde Park Transit Plaza CFW'S Purchase from
Fort Worth Transportation Authority
AFF(DIA,L REC®RD
CITY SECRETARY
T. WORTH, TX
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APPROVED AS TO LEGALITY AND FORM
Assistant City Attorn
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3y its execution below, Title Company agrees to perform its other duties pursuant to the
provisions of this Contract.
TITLE COMPANY:
Sy:
Name•
Title:
Date:
iiyde Park Transit Plaza CFW'S Purchase from
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EXHIBIT "A"
BEING 7,053 square feet of land situated in the S. G. Jennings Survey, Abstract 844, Tarrant
County, Texas in the Original Town of Fort Worth and being a portion of that certain tract of
land set apart to Thomas R. Jennings, et all by the judgment in Cause No. 153-51717-78 in the
District Court of Tarrant County, Texas said judgment recorded in Book 112, Page 133 of the
District Court Records of Tarrant County, Texas Tarrant County, Texas and the same tract of
land conveyed to the Fort Worth Transportation Authority by instrument recorded in Document
No. D206158668, Deed Records, Tarrant County, Texas and further described as follows:
BEGINNING at a P.K. Nail found for the most easterly northeast corner of said Fort Worth
Transportation Authority tract and being on the northwesterly right -of --way line of 9th Street (a
variable width right -of --way);
THENCE South 29°37'28" West along the common line of said Fort Worth Transportation
Authority tract and northwesterly right-of-way line of 9'h Street, 81.07 feet;
THENCE South 59°30'00" West 21.22 feet;
THENCE South 30°30'00" East, 6.00 feet;
THENCE South 59°30'00" West, 69.22 fee to the common line of said Fort Worth
Transportation Authority tract and the southeasterly line of Throckmorton Street (a variable
width right-of-way);
THENCr. North 30°24'45" West along said common Line, 60.00 feet;
THENCE over and across said Fort Worth Transportation Authority tract the following five (5)
calls;
1. North 59°30'00" East, 69.14 feet;
2. South 30°30'00" East, 16.11 £eet;
3. North 59030'00" East, 40.00 feet;
4. North 30°30'00" West, 16.11 feet;
5. North 59030'00" East, 52.15 feet to the northerly line of said Fort Worth Transportation
tract;
THENCE along said northerly line of the Fort Worth Transportation Authority tract the
following five (5) calls;
l . South 60022'32" East, 6.06 feet to a P.K. Nail found;
2. North 29037'28" East, 0.90 feet to a P.K. Nail found;
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EXHIBIT "A"
3. South 60°22 )z East, 2.20 feet to a P.K. Nail found;
4. South 29°3728 West, U4 feet to a F.K. Nail found;
5, South 60°2232 East, 3.2 feet to POINT OF BEGINNING and CONTAINING a
computed area of 7,053 square feet or 0.1619 acres,
NOTE: Survey sketch to accompany this legal description.
NOTE: Coordinates and bearings based on: map of survey prepared by the City of Fort Worth
showing the Fort Worth Library being a part of the S.G. Jennings Survey Abstract No. 844
and a part of the public square sometimes known as Hyde Park and situated in the Original
Town of Fort Worth in Tarrant County, Texas dated February 05, 2003.
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y
XHIBIT '� A GRAPHIC SCALE
\ SHEET 2 OF 2 30 0 15 30
t
a r, hti (IN FEET)
1 inch = 30 ft.
�'. CITY OF FORT WORTH
j VOLUME 192, PAGE 341 BDRC VOLUME 145277,,JPAE 450
D.R.T.C,T. D.R.T.C,T.
FORT WORTH TRANSPORTATION AUTHORITY
DOCUMENT No. 0206158668
D.R.T.C.T.
COORDINATES AND BEARINGS BASED ON:
MAP OF SURVEY PREPARED BY THE CITY OF
FORT WORTH SHOWING THE FORT V/ORTH LIBRARY
BEING A PART OF THE S.G. JENNINGS SURVEY
ABSTRACT No, 844 AND A PART OF THE PUBLIC
SQUARE SOMETIMES KNOWN AS HYDE PARK AND
SITUATED IN THE ORIGINAL TOWN OF FORT
WORTH IN TARRANT COUNTY, TEXAS DATED
FEBRUARY 05, 2003,
LEGAL DESCRIPTION TO ACCOMPANY THIS
SURVEY SKETCH.
L3
s
POB
O
0v
♦ PK NAIL FOUND
LINE TABLE
LINE
BEARING
DISTANCE
Li
S 0' 2'32"E
6.D6'
L2
N29437'28"E
9V
L3
S6D'22'32"E
2,20'
L4
S29637'28"W
8.244
L5
S60022'32"E
3,23,
EXHIBIT SHOWING
7,053 SQUARE FEET (0.1619 ACRES)
FORT WORTH TRANSPORTATION AUTHORITY
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
�J,V I v \./ 1./ f i i t Y v e
PROFESSIONAL SURVEYORS
12d0 SUMMIT AVENUE, SUITE 6d0
FORT WORTH, TEXAS 76102 (817) 698-6770
SCALE:
I' � 30'
JOB
/: 7170198
GATE:
JUNE 2007
F.B. #': NA
ORAYM
8Y: R.D.J. _.
CAO
DATE: JUNE 2007
M&C Review
Page 1 of 2
COUNCIL ACTION: Approved on 6/16/2009
Clfficiai site of the City of fort Worth, Texas
DATE: 6/16/2009 REFERENCE NO.: PZ-2831 LOG NAME: 17HYDEPARK
CODE: PZ TYPE: NON -CONSENT PUBLIC NO
HEARING.
SUBJECT: Authorize the Sale of a Portion of the City's Ninth Street Right -of -Way located at the
Intersection of Ninth Street and Throckmorton Street to the Fort Worth Transportation
Authority for $600,000.00; Authorize the Purchase from the Fort Worth Transportation
Authority of a Parcel Located at the Intersection of Ninth Street and Throckmorton Street
for $600,000.00
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the sale of a portion of City, right-of-way located at the intersection of Ninth Street and
Throckmorton Street, Fort Worth, Texas, to the Fort Worth Transportation Authority for a sales price
of $600,000.00;
2. Authorize the purchase of a parcel of land located at the intersection of Ninth Street and
Throckmorton Street, Fort Worth, Texas, from the Fort Worth Transportation Authority for a purchase
price of $600,000.00; and
3. Authorize the City Manager, or his designee, to execute and record the appropriate instruments to
complete the sales.
DISCUSSION:
The Hyde Park Public Transit Plaza was originally developed during the 1999 study of the Intermodal
Transportation Center. The study recommended dispersing bus transfer activity throughout downtown
Fort Worth and identified Hyde Park at the intersection of 9th and Throckmorton Streets as the most
promising location for a transit plaza. The City of Fort Worth (City), the Fort Worth Transportation
Authority (The T), the General Services Administration and Downtown Fort Worth, Inc., have worked
together since 1999 to secure funding and design the proposed transit plaza.
On November 26, 2002, (M&C C-19364) the City Council authorized the City Manager to enter into
an Interlocal Agreement with the The T outlining funding, design, acquisition and project management
responsibilities for the Hyde Park Transit Plaza project (City Secretary Contract No. 29793). The
Agreement allowed the partners to initiate the design process and proceed with activities related to
property acquisition. The Agreement states that if the final design of the project includes the
realignment of 9th Street, the City and The T agree to negotiate a land swap agreement whereby the
future realigned 9th Street would be owned by the City and the existing 9th Street would by owned by
The T. Maps of the area are attached.
Staff recommends conveying and purchasing the property needed for the completeion of the
transit plaza.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action has no material effect on City
funds.
http://apps.cfwnet.org/council�acket/mc review.asp?ID=11850&councildate=6/16/2009 5/18l2010
M&C Review Page 2 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
17HYDEPARK Map.pdf
i mg-603133657-0001.
Thomas Higgins (6140)
Jay Chapa (5804)
Cynthia B. Garcia (8187)
Katherine Davenport (7923)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=11850&councildate=6/16/2009 5/18/2010