HomeMy WebLinkAboutContract 46963 (2)c,TvsEcRETARV aio 9(03
CONTRACT NO. _
C NTRACT OF SALE AN PURCHASE
(Sale by City of Fort Worth)
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 ("Seller") and Harry G. Pettey ("Purchaser") 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 Lot 13, Block 32, Lake Worth Leases, Fort Worth, Tarrant County,
Texas, together with any easements, rights -of -way, licenses, interests, and rights
appurtenant thereto, also known as 1333 Bomber Road, Fort Worth, Texas 76135
(collectively, the "Property"), as shown and more particularly described on the attached
Exhibit "A", incorporated herein for all purposes.
2. The Property is within 5,000 feet of the shoreline of where Lake Worth's shoreline would
be if it were filled to its storage capacity.
3. The sale of the property meets all the new requirements under Local Government Code
272.001.
4. The Property was leased under a fifty year lease ("Lease") on February 1, 1982 to Nora
E. Dennington.
5. The Lease was subsequently assigned by Beverly Copley and Sharon Reed to Purchaser
on August 27, 2003, and Purchaser is the current lessee of the Property.
6. Purchaser desires to purchase the property and Seller desires to sell the Property for fair
market value to Purchaser in accordance with Texas Local Government Code 272.001(h).
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 Sale to Harry G. Pettey (4FFICIAL RECORD
CITY SECRETARY Page 1 of 15
;,,; � : 5 5 FT. WORTH, TX Rev. 7/12/07
(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 in Section 3) and the survey (as defined below) that are not
cured and that are subsequently waived pursuant to Section 3 below ('Permitted
Encumbrances"). The Lease shall be terminated upon Closing (as defined below).
(c) Seller shall retain all mineral interests in the Property if any. Seller waives and
conveys to Purchaser the right of ingress and egress to and from the surface of the Property
relating to the portion of the mineral estate owned by Seller
(d) To protect the public health, safety or welfare and to ensure an adequate
municipal water supply, the Property is not eligible for and Purchaser is not entitled to the
exemption provided by Section 11.142(a), Water Code relating to the storage of water in a dam
or reservoir
Section 2. Independent Contract Consideration, Purchase Price, and Earnest Money.
(a) Contemporaneously with the execution of this Contract, Purchaser delivers to
Seller a check in the amount of One Thousand and 00/100 Dollars ($1,000.00) as independent
consideration for Seller's execution, delivery, and performance of this Contract ("Independent
Contract Consideration") This Independent Contract Consideration is in addition to and
independent of any other consideration or payment provided for in this Contract, is
nonrefundable, and shall be retained by Seller notwithstanding any other provision of this
Contract. The Independent Contract Consideration shall be applied to the Purchase Pnce at
Closing.
(b) The purchase price ("Purchase Price") for the Property, payable by Purchaser to
Seller in cash at closing (defined below), is Forty Thousand Dollars ($40,000.00), Seller has
obtained an appraisal of the Property and has determined that the Purchase Pnce 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 may obtain, at
Purchaser's sole cost and expense (i) a Commitment for Title Insurance and Title Policy ("Title
Commitment") from the Title Company of Purchaser's choice ("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) Within twenty-five (25) days after the Effective Date, Purchaser shall obtain, at
Purchaser s sole cost and expense, an updated survey ("Survey') consisting 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
CFW Sale to Harry G. Pettey
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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 requires a legal description of the Property.
(c) If the Title Commitment or Survey discloses any Encumbrances or other matters
that 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 from Purchaser ("Cure Period"), Purchaser shall have the right either:
(i) 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), and, upon such termination, Purchaser shall be entitled
to the return of the Earnest Money, and 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 environmental or engineering reports and studies
in Seller's possession concerning the Property ("Reports").
Section 5. Representations, Warranties, "AS IS"
(a) EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, PURCHASER
ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT
MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY
REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS
OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER
EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF,
CFW Sale to Harry G. Pettey
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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 1980,
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
ENVIRONMENTAL PROBLEMS WERE KNOWN OR UNKNOWN AT CLOSING.
ONCE CLOSING HAS OCCURRED, PURCHASER INDEMNIFIES, HOLDS
HARMLESS AND RELEASES SELLER FROM LIABILITY FOR ENVIRONMENTAL
CFW Sale to Harry G. Pettey
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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 THE 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 REPRESENTATIVES 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. Option Period.
(a) Notwithstanding anything to the contrary contained in this Contract, until forty-
five (45) days after the Effective Date (` Option Penod"), 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 7
below).
(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.
CFW Sale to Harry G. Pettey
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(c) The provisions of this Section 6 control all other provisions of this Contract.
(d) The parties agree that the Option Period will not be extended upon expiration
without a written amendment signed by both parties.
Section 7. 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 analyses, and other tests, studies and surveys, including without limitation, environmental
and engineering tests, borings, analyses, site assessments, 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.
Section 8. 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 December
30, 2011. 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.
(c) If any Closing Contingencies are not satisfied to Purchaser's satisfaction so that
Purchaser is prepared to close on or before December 30, 2011 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 9. Closing.
(a) At the Closing, all of the following shall occur, all of which are deemed
concurrent conditions:
(1) Seller, at Seller's sole cost and expense, shall deliver or cause to be
delivered to Purchaser the following:
CFW Sale to Harry G. Pettey
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(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 to existing
easements, rights -of -way, and prescriptive rights whether of
record or not, with the precise form of the Deed to be determined
pursuant to Section 11 below;
(ii) A Lease Termination document signed by Seller terminating the
Lease; and
(iii) Any other instrument or document necessary for Title Company to
issue the Owner Policy in accordance with Section 9(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 such
other means of funding acceptable to Seller, in an amount equal to the Purchase
Price, adjusted for closing costs and prorations.
(3) The Title Company of Purchaser's choice shall issue to Purchaser, at
Purchaser's sole 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 Foim Owner Policy
of Title Insurance.
(4) The Independent Contract Consideration shall be applied to the Purchase
Price at Closing
(5)
Seller and Purchaser shall each pay their respective attorneys' fees.
(6) 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
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 with the result that
Purchaser shall pay for those taxes and assessments applicable to the Property after the Closing
The provisions of this Section 9(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
CFW Sale to Harry G. Pettey
Page 7 of 15
Rev. 7/12/07
Section 10. 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 11. Closing Documents. No later than fifteen (15) days prior to the Closing Seller
shall deliver to Purchaser a copy of the Special Warranty Deed, which is subject to Purchaser's
reasonable right of approval.
Section 12. 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 Seller under this Contract is:
(c)
City of Fort Worth
927 Taylor Street
Fort Worth, Texas 76102
Attention* Lester England
Lake Worth Property Manager
Telephone: 817-3 92-8 3 66
Fax (817) 392-2527
The address of Purchaser under this Contract is:
Harry G. Pettey
1333 Bomber Road
Fort Worth, Texas 76135
Telephone: (817)
Fax (817)
With a copy to:
Leann D. Guzman
City Attorney's Office
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
(817) 392-7600
Fax (817) 392-8359
(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 13. Termination, Default, and Remedies.
CFW Sale to Harry G. Pettey
Page 8 of 15
Rev. 7/12/07
(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
perfoiui 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 pnor 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 perfoini 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 14. 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 15. Assigns. This Contract inures to the benefit of and is binding on the parties
and their respective legal representatives, successors, and assigns. Any attempted assignment
shall be void.
Section 16. Time of the Essence. Time is of the essence under this Contract.
Section 17. Takmg 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 18. Governing Law. This Contract shall be governed by and construed in
accordance with the laws of the State of Texas.
Section 19. 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 20. Venue. Venue of any action brought under this Contract shall be in Tarrant
County, Texas if venue is legally proper in that county.
Section 21. Severabilitv. If any provision of this Contract is held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not
CFW Sale to Harry G. Pettey
Page 9 of 15
Rev. 7/12/07
affect any other provision, and this Contract will be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein
Section 22. 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 23. Counterparts. This Contract may be executed in multiple counterparts,
each of which will be deemed an original, but which together will constitute one instrument
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
CFW Sale to Harry G. Pettey
Page 10 of 15
Rev. 7/12/07
Art
This Contract is executed as of the Effective Date.
SELLER: CITY OF FORT WORTH, TEXAS
By: tasyt•••••,414
Assistant City Manager
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City Secretary
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Date: /hotav/a_
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Approved as to Legality and Form
Vitt ittthi/V14tc
Assistant City Att8rney
t
Marry G. Pettey
CFW Sale to Harry G. Pettey
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OFFICIAL RECORD
CITY SECRETARY
VG: WORTH, TX
Page 11 of 15
Rev. 7/12/07
By its execution below, Title Company acknowledges receipt of the Earnest Money described in
this Contract and agrees to hold and deliver the same and perform its other duties pursuant to the
provisions of this Contract.
TITLE COMPANY:
By:
Name.
Title:
Date:
Phone
Fax
CFW Sale to Harry G. Pettey
Page 12 of 15
Rev. 7/12/07
EXHIBIT "A"
Description of Property
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COUNCIL ACTION: Approved on 1/10/2012
DATE: 1/10/2012 REFERENCE NO.: **L-15304
CODE
SUBJECT:
L TYPE:
LOG NAME
PUBLIC
HEARING:
Authorize the Sale of a City Fee -Owned Property Located at 1333 Bomber Road to the
Current Lessee, Harry G Pettey, for the Fair Market Value of $40,000.00, and Authorize
Execution and Recording of the Appropriate Instruments Conveying the Property to
Complete the Sale (COUNCIL DISTRICT 7)
601333 BOMBER
ROAD
CONSENT
NO
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the sale of a City fee -owned property located at 1333 Bomber Road to the current
lessee, Harry G. Pettey, for the fair market value of $40,000.00, pursuant to Texas Local Government
Code Section 272.001(h); and
2. Authorize the execution and recording of the appropriate instruments conveying the property to
complete the sale.
DISCUSSION:
Under Texas Local Government Code Section 272.001(h) the City may sell property within 5,000 feet
of where the shoreline Lake Worth to the current lessee for the fair market value, as determined by a
certified appraiser. The City obtained an appraisal from an independent licensed appraiser that
determined the fair market value for the property subject to the current ground lease which is
$40,000.00. It has been determined that the property has no other uses than residential property and
no plans have been made to use the property for any other purpose. The City will retain all mineral
interest in the property. All closing cost to be paid by the purchaser.
ADDRESS
1333 Bomber Road
LEGAL DESCRIPTION PRICE
Lot 13, Block 32, Lake Worth $40,000.00
Leases
This property is located in COUNCIL DISTRICT 7, MAPSCO 59M.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Water Department is responsible for
the collection and deposit of funds due to the City.
TO Fund/Account/Centers FROM Fund/Account/Centers
FE70 442082 03000190100 $40.000.00
Submitted for Citv Manager's Office bv: Fernando Costa (6122)
Originating Department Head: S. Frank Crumb (8207)
http://apps.cfwnet.org/council_packet/mc review.asp7ID=16193&councildate=1/10/2012 01/27/2012
M&C Review Page 2 of 2
Additional Information Contact: Lester England (8366)
ATTACHMENTS
60 1333 Bomber Road MAP.Ddf
http://apps.cfwnet org/councilpacket/mc review.asp?ID=16193&councildate=1/10/2012 01/27/2012
•
•
Mary Louise Garcia
YE OF TEXAS
•Grantor'
OF TARRANT
ess:
GAL OD ?•5t"tS • 53
Page 1 of 5
Electronically Recorded
Official Public Records
Tarrant County Texas
2/14/20121:39 PM
S 5
ECAL WARRANT3Y DEED $32.00
uLi i tip cc. ACTS
§
•
D212036086
Know All Persons by These Presents:
SEPTEMBER 1, 2011
•
CITY OF FORT WORTH
•
1000 Throclonorton Street
Fort Worth., Tarrant County, Texas 76102
Grantee: Y G. PETTEY
Grantee's Mailing A
Consideration: TEN AND
consideration.
Property:
•
1333 BOMBER RD.
ORT WORTH, TX 76135
($10.00) and other good and valuable
LOT 13, BLOCK 32, LAKE- ORT
TARRANT COUNTY,. TeXASr I
1333 BOMBER RD., (OR'P WO 14 X
EASES, FORT WORTS
THERWISE KNOWN AS
Reservation from and Exceptions to Convey antv:
An avigation easement is reserved on 'behalf
passage of aircraft over the subject property in
minimum altitudes of flight prescribed by feder
needed to ensure safety in the takeoff and Ian
releases the Grantor, its officers, agents and employ
liability resulting from the noise, vibration, fumes,
interference and lubricant particles and all other effee
for injury or death to person or persons or damages to dr
out of or in connection with theuse of this easement, when su
with the regulations and guidelines of the Federal Avia
successor agency, or other governmental authority with jurisdicti
an
ns
weth
•
free and unobstructed
airspace above the
including airspace
Grantee hereby
all claims and
omagnetic
claims are
arising
pliance
tion,
tter.
•
This conveyance is further subject to all restrictions, reservations,
prescriptions, right of way maintenance or similar charges and any liens s
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Page 2 of 5
yment thereof, declarations, covenants and conditions of record, if any,. only to the
t they are presently in effect.
acc
of
and l
merch
particular
acknowledges that Grantor has not made and does not make any representations
ysical condition, or any other matter affecting or related to the property (other
ties • title as provided and limited herein). Grantee expressly agrees that, to'
permitted by law, the property is conveyed "AS IS" and "WITH
Grantor expressly disclaims, and Grantee acknowledges and
sclaimed, any and all representations, warranties or guaranties,
express or implied (except as to title as hereafter provided
e property including without limitation the value, condition,
bility marketability profitability, suitability or fitness for a
the property.
Grantor expres
flowage easeme t inc
lying below a lin
elevation contour 1
reasonable use of thi• e
and/or improvements be
penxiitted in the followin
improvements which exten
minimum finished floor elevati
•
property conveyed in this instrument a perpetual
to inundate, flood and overflow all of the property
horizontally upland from the six hundred (600) foot
not be liable for any damages resulting from the
er, Grantee shall not constrict any structures
.ice front property line, unless specifically
and all such permitted structures and/or
owage easement shall be constructed at a
of six hunt. - • and one (601) feet.
There is expressly granted unto Granite
implied over the lands of the Grant
located from time to time, for water r
egress to and from Lake Worth, and for
docks and boat houses including the storage of
and lands:
A) The lands enclosed on one side by the
second side by the waters of Lake Worth, an
lines, each beginning at opposite ends of Gr
each being a projection of the side lot lines o
(Hereinafter referred to as the "Access Easement".)
Access Easement Exhibit A, attached hereto.)
B)
C:)
without warranty expressed or
f Lake Worth, as they may be
ses, for the purpose of ingress and
maintenance and use of piers
e following described water
• pr• . ert
o A d
t :'• lalc:3
1 4
The waters of Lake Worth, except that such use shall b
such piers and docks constructed thereon,
•
line of Grantee, on a
d fourth side by two
roperty line, and
own on the PIat.
ater Use and
The land lying under the waters of Lake Worth that are adjacen
easement, lying between two hoes, each beginning at opposite ends
lakefxunt property line, and each being a projection of the side lot lines
•
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cept for
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Page 3 of 5
•
as shown on the Plat. (See Typical Water Use and Access Easement Exhibit A,
attached hereto.)
11 improvements or structures on each easement must abut the lakefront property
of the property conveyed herein and cannot extend into the waters of Lake
rth f. such distance as to deny access to said waters by adjoining land
improvements or structures may extend to a point 100 feet from the
rty line into the waters of Lake Worth regardless of the depth of
int, or to the point at which the elevation of the land lying under
eater than 584 feet above mean sea level but in no instance
Co •- s .
for C'yo
A Typic al "a
to this Spi.1
It is specifically un
described water and 1
unless specifically grant
Operation, Maintenance
an 150 feet from the lakefront property line into the waters of
construction beyond the above mentioned limits shall be
the prior written approval from the Director of Engineering
orth Variance shall be considered on a case by case basis.
ancl<ess Easement drawing is attached and incorporated
as Exhibit "A".
tor shall retain any and all interest ill the above
intend to convey any of these interests to Grantee
ent of Sanitary Sewer /Septic Systems
Grantee shall be responsible foY"operating
sewer lines and laterals on the property
sewer service when available and
connection fees. Further, Grantee shal
septic system, sewer lines and laterals
responsibility of Grantee. Grantee agrees to
reasonable times for the purpose of inspecting
compliance with apphcable federal and state 1
ordinances of the City of Fort Worth
Grantee shall, at Grantee's expense, connect the wate
the water and sewer systems to be installed by Granto
water and sewer system is available for connection, incl
tap fees and impact fees as required by City Ordinances.
'rig individual septic systems,
Grantee shall connect to public
responsible for all applicable
for the proper abandonment of the
abandonment shall be the sole
tor access to the lot at
of the septic system to verify
well as the chatter and
This conveyance is expressly made and accepted subject to
and other instruments properly of record.
•
Nothing in this conveyance shall be construed as a waiver of the po
enact ordinances as a municipal corporation or as any reservation of the
to vary the estates in land conveyed or reserved herein.
•
•
of the property to
erty, when such
ited to paying
'ctions,
tor to
•
1101111Lantor, for the consideration and subject to the reservations from and exceptions to
co eyance and warranty, grants, sells and conveys to Grantee the property, together
all and singular the rights and appurtenances thereto in any wise belonging, to have
it to Grantee Grantee's heirs executors, administrators, successors, and assigns
antor binds Grantor and Grantor's heirs, executors, a • ministrators, and
to w... • t and forever defend all and singular the property to Grantee and
tors, administrators, successors and assigns against every person
claiming or to claim the same or any part thereon; except as to the
ceptions to conveyance and warranty, by, through and under it,
• F • •
res
but
A•
When
•
atio
•
er
tr.
oth
yr t
IN WITNE
the 23.
s
la
lb
ex
se.
re
e
•
•
res, singular nouns and pronouns include the plural
"Et 14F,
ay • f 4,14.
•
antors have caused this instrument to be executed on this
Lee,.J , 2012.
APPROVED AS TO. O' ' CITY OF FORT WORTH
AND LEGAL
A:ssistant City Attorney
COUNTY OF TARRANT §
Page 4 of 5
•
,LIm‘P....
Assistant City Manager
r
BEFORE ME, the undersigned authof
known to me to be the person and officer w os
Deed, and acknowledged to me that the same
home -rule corporation, and that he/she execu
corporation for the purposes and consideration exp
stated.
was
the
n
e
f
id
es
y appeared Fernando Costa,
subscribed to the foregoing
e City of Fort Worth, a
o t as the act of said
and m the capacity
GIVEN UNDER MY HAND AND SEAL OF OFFI
y
•
2012.
3
Notary Public
r
OH
•e•
-re..
4
4'
AN!
Jo20
day of
and
•
•
100'
150'
‘ctikuente#0
'Fittip-G1/2 gia4
Stoo wict, •`s':j5klab
Normal
Uaxtum
•
•
Pages of v
Exhibit "A" to the Speeiat Warranty Deed
W .r
Us¢¢
Eso ant
•
Typical Voter' Use
. an a
Access Easement
•
•
Any structure
in this area .
may not deny
access to adjoining
landowners
•
Lokocront proms
•
Property
Conveyed
•
•
Public Right —of —Way
•
•
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Refer to Paragraph 'D` on Page 2
of ' Special Warranty Deed.
•
•
•
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•
Waters
of •
Lake Worth
•
•
•
SPECIAL WARRANTY DEED
STATE OF TEXAS
Know All Persons by These Presents.
COUNTY OF TARRANT
Date: SEPTEMBER 1, 2011
Grantor CITY OF FORT WORTH
Grantor's Mailing Address: 1000 Throcicmorton Street
Fort Worth, Tarrant County, Texas 76102
Grantee: HARRY G. PETTEY
Grantee's Mailing Address: 1333 BOMBER RD
FORT WORTH. TX 76135
Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable
consideration.
•
Property: LOT 13. BLOCK 32. LAKE WORTH LEASES. FORT WORTH.
TARRANT COUNTY, TEXAS. AND OTN KRWISE KNOWN AS
1333 BOMBER RD , FORT WORTH, TX
Reservation from and Exceptions to Conveyance and Warranty
An avigation easement is reserved on behalf of the public for free and unobstructed
passage of aircraft over the subject property m the navigable airspace above the
minimum altitudes of flight prescribed by federal regulations, including airspace
needed to ensure safety in the takeoff and landing of aircraft Grantee hereby
releases the Grantor, its officers, agents and employees from any and all claims and
liability resulting from the noise, vibration, fumes, dust fuel, electromagnetic
interference and lubricant particles and all other effects, whether such claims are
for injury or death to person or persons or damages to or taking of property, arising
out of or in connection with the use of this easement, when such use is in compliance
with the regulations and guidelines of the Federal Aviation Administration,
successor agency, or other governmental authority with jurisdiction over the matter.
This conveyance is further subject to all .restrictions, reservations, easements,
prescriptions, right of way maintenance or similar charges and any liens securing the
payment thereof, declarations, covenants and conditions of record, if any, only to the
extent they are presently in effect.
Grantee acknowledges that Grantor has not made and does not make any representations
as to the physical condition, or any other matter affecting or related to the property (other
than warranties of title as provided and limited herein.). Grantee expressly agrees that, to
the maximum extent permitted by law, the property is conveyed ' AS IS" and "WITH
ALL FAULTS", and Grantor expressly disclaims, and Grantee acknowledges and
accepts that Grantor has disclaimed, any and all representations, warranties or guaranties,
of any kind, oral or written, express or implied (except as to title as hereafter provided
and limited) concerning the property including without limitation the value, condition,
merchantability, habitability, marketability profitability, suitability or fitness for a
particular use or purpose, of the property.
Grantor expressly reserves out of the property conveyed in this instrument a perpetual
flowage easement including the right to inundate, flood and overflow all of the property
lying below a line ten (10) feet horizontally upland from the six hundred (600) foot
elevation contour line. Grantor shall not be liable for any damages resulting from the
reasonable use of this easement. Further, Grantee shall not construct any structures
and/or improvements beyond the established lake front property line, unless specifically
permitted in the following paragraph. Any and all such permitted structures and/or
improvements which extend into the flowage easement shall be constructed at a
minimum finished floor elevation level of six hundred and one (601) feet.
There is expressly granted unto Grantee an easement without warranty expressed or
implied over the lands of the Grantor and the waters of Lake, Worth, as they may be
located from time to time, for water recreational purposes, for the purpose of ingress and
egress to and from Lake Worth, and for the construction, maintenance and use of piers,
docks and boat houses including the storage of boats, on the following described water
and lands:
A) The lands enclosed on one side by the lakefront property line of Grantee, on a
second side by the waters of Lake Worth, and on a third and fourth side by two
lines, each beginning at opposite ends of Grantee's lakefront property line, and
each being a projection of the side lot lines of each lot as shown on the Plat.
(Hereinafter referred to as the "Access Easement") (See Typical Water Use and
Access Easement Exhibit A attached hereto.)
B) The waters of Lake Worth, except that such use shall be nonexclusive except for
such piers and docks constructed thereon,
C) The land lying under the waters of Lake Worth that are adjacent to the access
easement, lying between two lines, each beginning at opposite ends of Grantee's
lakefront property line, and each being a projection of the side lot lines of each lot
as shown on the Plat. (See Typical Water Use and Access Easement Exhibit A,
attached hereto.)
D) All improvements or structures on each easement must abut the lakefront property
line of the property conveyed herein and cannot extend into the waters of Lake
Worth for such distance as to deny access to said waters by adjoining land
owners. Such improvements or structures may extend to a point 100 feet from the
lakefront property line into the waters of Lake Worth regardless of the depth of
the water at the point, or to the point at which the elevation of the land lying under
Lake Worth is not greater. than 584 feet above mean sea level, but in no instance
to extend further than 150 feet from the lakefront property line into the waters of
Lake Worth. No construction beyond the above mentioned limits shall be
considered without the prior written approval from the Director of Engineering
for the City of Fort Worth. Variance shall be considered on a case by case basis
A Typical Water Use and Access Easement drawing is attached and incorporated
to this Special Warranty Deed as Exhibit "A".
It is specifically understood that Grantor shall retain any and all interests in the above
described water and lands, and does not intend to convey any of these interests to Grantee
unless specifically granted hereto.
Operation, Maintenance and Abandonment of Sanitary Sewer / Sentic Systems
Grantee shall be responsible for operating and maintaining individual septic systems,
sewer lines and laterals on the property conveyed herein. Grantee shall connect to public
sewer service when available and Grantee shall be responsible for all applicable
connection. fees. Further, Grantee shall be responsible for the proper abandonment of the
septic system, sewer lines and laterals The cost of such abandonment shall be the sole
responsibility of Grantee. Grantee agrees to allow the Grantor access to the lot at
reasonable times for the purpose of inspecting the operation of the septic system to verify
compliance with applicable federal and state laws and statutes as well as the charter and
ordinances of the City of Fort Worth.
Crrantee shall, at Grantee's expense, connect the water and sewer lines of the property to
the water and sewer systems to be installed by Grantor to serve the property, when such
water and sewer system is available for connection, including but not limited to paying
tap fees and impact fees as required by City Ordinances.
This conveyance is expressly made and accepted subject to all easements, restrictions,
and other instruments properly of record
•
Nothing in this conveyance shall be construed as a waiver of the powers of Grantor to
enact ordinances as a municipal corporation or as any reservation of the power in Grantor
to vary the estates in land conveyed or reserved herein.
Grantor, for the consideration and subject to the reservations from and exceptions to
conveyance and warranty, grants, sells and conveys to Grantee the property, together
with all and singular the rights and appurtenances thereto in any wise belonging, to have
and hold it to Grantee, Grantee's heirs, executors, administrators, successors, and -assigns
forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and
successors to warrant and forever defend all and singular the property to Grantee and
Grantee's heirs, executors, administrators, successors and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty, by, through and under it,
but not otherwise.
•
When the context requires, singular nouns and pronouns include the plural.
IN WITNESS WHEREOF, Grantors have caused this instrument to be executed on this
the ;23 day of rrC3<; ...s.. rfe,, , 2012.
APPROVED AS TO FORM
AND LEGALITY:
;.`
u i//{/(d �1 (i IT Wet;
'Asistant city Attorney
COUNTY OF TARRANT §
CITY OF FORT WORTH
ct 4 L_.-a-»
Assis ant City Manager
BEFORE ME, the undersigned authority, personally appeared Fernando Costa,
known to me to be the person and officer whose name is subscribed to the foregoing
Deed, and acknowledged to me that the same was the act of the City of Fort Worth, a
home -rule corporation, and that he/she executed the document as the act of said
corporation for the purposes and consideration expressed therein and in the capacity
stated.
CN)GIVEN UNDER MY HAFT? AND SEAL OF OFFICE this „2, day of
LL�Ld,Ltn{l� 2012.
Notary Public
EVONIA DANIELS
MY COMMISSION EXPIRES
July 10,2013
3
100' Normal
150' Moxium
NTS
Exhibit "A" to the Special Warranty Deed
Water
Use
Easement
•
•
Typical Voter Use
and
Access Easement
Any structure
in this area
may not deny
access to adjoining
landowners
Access
Easement
(Dist.. Varies)
Loairant Propel Li
km°
Property
Conveyed
Public Right---of—Way
•
•
Refer to Paragraph 'D on Page 2
of Special Warranty Deed.
•
Waters
of
Lake Worth
•
•
<Csasxr4,
kr li b ro
7 k
A. Settlement Statement (HUD-1)
B. Type of Loan
1,DFIA 2. Ri{S 3_QCony. Unins.
4. ❑ VA 5_Q Cony. ins
6. He Number
95611002988
7. Loan Number.
OMB Approval No. 2502-0265
8. Mortgage Insurance Case Number
C, Note This form is famished to give you a sM(emerrt of actual setttementcos(s Amounts paid to and by the sei(ement agentare shovm.
items marker! (p.o.c)' wore pald outside the dosing; they aro shown' hero forinformaionat purposes and aro not included In tho totals
D. Name and Address of Borrower,
Marry G. Petley
1333 Bomber Road
Fort Worth, Texas 76108
G. Property Location:
1333 Bomber Road
FortWorth, TX 76108
Tarrant County, Tens
Lake Worth leases Addition
81k 32 Lot 13
.90 Acre
J. Summary of Borrowers transaction
1100- Gross Amount Due from Borrower.
101. Contract sales price
1102_ Personal' property
1103. Settlement Charges to Borrower (line 1400)
1104. Payoff first mortgage evi marttRn
(105. Payoff for Lease City of FortWorth
Adjustments for items raid by Seller In advance
105. City/Town Taxes to
107_ County Taxes to
108. School Taxes to
109,
110.
111,
112.
120. Gross Amount Due from Borrower
200, Amounts Paid by or hi Behalf of Borrower
201. Deposit or earnest monoy
202. Principal amount of new toants)
203. 2 nisiinrLloan(s) taken subled to
204. Lender Credit
205,
208.
207,
208.
209.
Adjustments for Items unpaid by Seller
210. City/Town Taxes to
211_ CountyTaxes to
212. School Taxes to
213.
214.
215.
216.
217.
218.
219.
220_ Total Paid bytforBorrower
300. Cash atSettlementfromIto Borrower
301 Gross amount duo from Borrower (line 120)
302. l ese amount paid byifor Borrower (One 220) '
1303. Cash FT 1 From To Borrower
E, Name and Address of Seiler.
H. Setoement•Agene
Fidelity National Title Agency, Inc.
Place of Settlement
3500 Nolen Street, Suite 100
FortWorth, Texas 76107
F. Name and Address of Lender,
Wells Fargo, N.A.
4101 Wiseman Blvd.
San Antonio, Texas 78251
1. Settlement Date:
(817)5464900 February 8, 2012
Funding Date:
II IC Summary of Sellers transaction
1400. Gross Amount Due to Seller:
1402. Per8onat mooed,'
4.137.43 1 403,
18,738.99 1404. -
40.000.00 1 405:
I Adiustmeotsfor items geld bySeller inadvance
j 1406. CIN/S'ovm Taxes to
11407, County Taxes to -
1 408. School Taxes to
1 409.
11410,
1 1 411.
1412. -
62,876.42 ! 420, Gross Amount Due mSeller
62,000.00
232.50
62,232,50
62,876.42
1( 62,232.50)
643,92
500,
1 501.
1502;
150a.
1504.
1 505_
1 506.
1507.
1.508.
509.
Reductions In Amotmt Due Seller:
Excess deposit (see Instructions)
Settlement n40r7es to Seller (Line 1400)
Existln i loan(s) taken subied to
Payoff of first modgap loan
Payoff of second mortgage loan
Adiustmomsfor items unpaid bySeller
510. City/Town Taxes to
511. CountyTaxes to
512. School Taxes to
513_
514.
515.
516,
517.
518.
519.
520. Total Reduction Amount Due Salter
600. Cash atsettlementtotfrom Salter
601. Gross amanot due to Seller (dine 420)
602. Less reductions due Seller (rule 520)
603. Cash LJ To 1 1 From Seller
Disbursement Date:
February 13, 2012
(85011222Bti20201222w22 o0yt4 200,nrr e,2012 1241-20
0.00
1
1
I
1
1
1
4
(L Settlement Charges
1700. Total Real Estate Broker Foos
Division of commission (line 700) as fol/owst •
701. $ to
702 5 to .
703. Commission paid at settlement
704. to
705. •20
800. Items Payable in Connection with Loan
801. Our origination charge
802, Your credit or charge (points) for the specific Interest rate chosen 5232.50
803. Youradiusted origination charges Wells Fago. N.A.
to RR S Evaluation
804,Appraisal fee
805. Credit Report
806. Tax service
807. Flood coctifioation
808. Documeol2reparatlon
809. Appraisal Fee
810.
811.
to RFlS
to
to
to Beadles, Newman Si Lawler
to Wells Fargo, NA.
to
to
5 1,100.00
900. iboos Required by Lender to Be Paid in Advance
901. Daily interest charges from 02/13/12 to 03/01/12 17 days 7 57.640000#day
902. Mortgage insurance premium for months to
903. Homeowners insurance for 1.0 years toWellinolon Insurance
904,
905.
1000. Resorvos Deposited with Lander
1001. initial deposit for your escrow account
1002. Homeowners Insurance
1003, Mortgage insurance
1004. Property bares
1005.
1006.
1007.
1008. -
1009, Aggregate Adjustment
1100. Title C2or024
11101. Title services and lenders title insurance
1102. Settlement or dosing fee Scott 8. McKnight. Attorney at Law
1103. Owner's title insurance to Fidehlo Natioo74l/o Agency Inc.
1104. Lenders title insuranceto Futeliry National Title A7onoy, Inc. $ 685.00
1105. tender's title policy limit $62,000.00
1106. Ovmors tide policy limit
1107. Agent's portion of the total tine insurance premium
1108. Underwriters portion of the total title insurance premium
1109. 60% to Scott B. McKnight
11110.
11111. Press F9 for Endorsements
j'1112.
11113.
11200. Government Recording and Transfer Charges
11201. Government tewrd'mq charges to ENT F130 County Clerk's Once
11202 Deed $ Mortgage $ 72,00 Releases 5
11203, Transfer taxes
11204. City/County tax/stamps
11205. State taxlstamps
11206.
11207.
11300. Additional Settlement Charges
1301. Required services that you can shoo for
1302. Survey
11303. Flood life of Loan
11304, Tax Service Fee
11305. Lease Interest
months gb
months (W $
months 0 $
months (7 $
months 0 $
S 597.25
$ 87.75
Frdelity National Title Agency, Inc.
to Stadia Surveying
WFFS
WFRETS
to City of Fort Worth
11400. Total Settlement Charges (enter on lines 103. Section J and 502, Section Kt
Certified to be a true copy
Per month
per month
per
per
per
month
month
month
(from GFE#1)
(from GFE #2)
(from GFE #A)
(from GFE #3)
(from GFE #3)
(from GFE#31
(from GFE#31
(from GFE #3)
(from GFc#3)
(from bit #3)
(from GFE #31
(from GFE#10)
))ionb GFE #3)
(from GFE#11)
(from t2#11)
(from GFE#11)
(from GFE #9)
(from GFE#4)
5275.00
(from GFE#5)
MC:9395.00
POC:B11.91
Total $200.02
Paid From
Bormwe1S
Funds at
Settlement
1.332.50
75.00
129.88
714.09
'^Escrow Fee"'
(from GFE #7)
Other $ 32.00
(from GFE#8)
(from GFE #6)
5378.88
$19.00
$106.00
Total
•
1,059.00
104.00
502.88
220:08
4.137.43
Paid From
senors
Funds at
Settlement
(&5811002980420105811082288117) fbtrvs y 8, 2012 121' 1•P0
1
1
1
1
1
1
1
1
1 Comparison of Good Faith Estimate (GFE) and HUD-1 Chargos
ChargesThat Cannot Increase HUD-1 Line Number
Our Origination Charge 4 801
IYour CretIA or Charge points for the specific rate Chosen * 802
Your adjusted origination charge a 803
Transfer taxes a 1203
Good Faith Estimate HUD-1
1,100.00 1,100.00
23250 23250
1,33280 1,332-50
0.00 a00 I
Charges That in Total Cannot Increase More than 10% I Good Faith Estimate HUD-1
Government recording charges it 1201 156.00 104.00
Appraisal fee a 804 - 395.00 395.00
Credit report a 805 11.91 31.91
Appraisal Fee a 009 75.00 75,00
Flood life of loan a 1303 19.00 19.00
Tax Service Fee a 1304 - 105,00 105.00
Charges That Can Change
Dully interest inner
Homeowner's inslrrance
Title services and fender's tide Insurance
15arvev
loan Terms
Your initial loan amount is
Your loan term is
Total 76191 709.91
Increase between GM and 1100-1 Charges 1 $ -52.00 or-6,8244
Good Faith Estimate
a 501 S 7164000G/daV 175,72
a 903 b'36.00
a 1101 985.00
? 1302 500,0G
$ 62,000.00
30 years
Your initial'vrtr, rat rate is 4.5000 %
Your initial monthly amount owed for principal, interest and
any nor ly. oo insurance is
Can your interest rate rise?
Even if you make payments on lime, can your Toan balance rise?
Even if you make payments on time, can your monthly
amount owed for principal, interest and mortgage insurance rise?
Dees your Irian have a prepayment penalty?
$ 314.14 hrdudes
Fdndpal
Interest
Mortgage Insurance
12
E{
12
HUD-1
No 1.Yes, Itttn rise to a maximum of %. The tint
change w01 be on and can change again every months after
Every change date, your bducol rate can Increase or decrease
by %. Over the life of the ban, your Interest rate is guaranteed
to never be loner than % or higher than %,
129.88 _
714.09
1,059.00
378.88
h^t No ❑ Yes, It can rise to a maxdnun of$
No n Yes, the first increase can be on and the monthly
amount owed can rise to $
The maximum it can ever rtx to 4 $
Ei
No ❑ Yes, your maximum prepayment penalty is $
Does yourloan have a balloon paymont7 Q No w Yes, you have a balloon payment of $
due in _• years on
Total monthly amount awed including escrow account payments
Q
•
You do not have a monthly escrow payment for items, such as peaperty •
taxes and homeowner's insurance, You must pay these items directly
yourself.
C You have an additional monthly escrow payment of $ that resu(m
Ina total initial monthly amount owed of $ , This includes
principal, interest, any mortgage In9rranrr and any items checked beinw:
?Meaty taxes 0 Homeovme7slnaoartcn
❑ Flood Insurance
Note: If you have any questions about the Settlement Charges and loan Tents listed on this form, please contact your lender.
ll481t1X120l5.4Fet00e1l002F88/17) Prousry 8.2012 1 21 PM
L
HUD-1, Page 4
Borrower (s): Harry G. Pettey
1333 Bomber Road
Fort Worth, Texas 76108
Lender: Was Fargo, N.A.
settlement Agent Fidelity National Title Agency, Inc.
(817)546-4900
Place of Settlement 3500 Hulen Street Suite 100
Fort Worth, Texas 76107
settlement Date: February 8, 2012
Disbursement Date: February 13, 2012
Praperty L.a:ation:1333 Bomber Road
Fort Worth, TX 78108
Tarrant County, Texas
Lake Worth Leases Addition
B1k 32 Lot 13 •
.90 Acre
Disclosure For Items Totaled on Line 1101
Description Payee
Guaranty Fee
Tax Certificate '
Courier/Overnight Delivery Fee
2-Ting Fee
FNT FBO Tx Guaranty Assoc.
ENT FBO National Tax Net
Scott B. McKnight, Attorney at Law
ENT FB0 ACS
Disclosure For Items Totaled on Line 1102
Description Payee
Escrow Fee Scott B. McKnight, Attorney at Law
Borrower Loan Payoff Details
Payoff first mortgage
Loan Payoff
Total Loan Payoff
to Citi Mortgage
•
$ 18,738.99
Payoff for Lease to City of Fort Worth
Total Loan Payoff $ 40,000.00
Borrower Seller
2,00
55.00
30.00
12.00
Borrower Seller
275.00
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and
accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify
that l have received a copy of the HUD-1 Settlement Statement
•
Borrower
Harry G. Pettey
Seller
The HUD-1 Settlement Statement which 1 have prepared is a true and accurate account of this transaction. I have
caused or will cause funds to be disbursed in accordance with this statement
Fidelity National Title Agency, Inc.
Settlement Agent
(&:2Htl021)8O.P2W922t(22222202) rocnare, 2012 t22i•Ptd
FORT WORTH
INTEROFFICE MEMO
TO: Lester England, Water Department
FROM: Jessica Giacomarro, City Secretary's Office
DATE: January 27, 2012
SUBJECT: CONTRACT OF SALE AND PURCHASE WITH HARRY G. PETTEY FOR
1333 BOMBER ROAD, FORT WORTH, TEXAS 76135 (M&C L-15304)
This copy of the first signature page (Page 11 of 15) is being released to you for the purpose of
obtaining original signatures from the Title Company and recording the contract with Tarrant
County. An original of the second signature page (Page 12 of 15) must be returned.
Failure to return this document will delay the final processing of the contract. Once we have
received all of the documents, we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions, please call the City Secretary's Office at 817-392-6090.
Attached: 1 copy of an original signature page (Page 11 of 15)
0ri9 final
Copj\r
Tidwell, Allison
From. Guzman, Leann
Sent: Thursday, August 27, 2015 9:11 AM
To: Tidwell, Allison
Subject: RE: Contract of Sale and Purchase of 1333 Bomber Road
I checked my file and do not have the title company page. You can go ahead and assign the contract number
since their signature isn't binding, but merely acknowledgment of receipt of the contract.
Original Message
From• Tidwell, Allison
Sent• Thursday, August 27, 2015 8:53 AM
To: Guzman, Leann
Subject: Contract of Sale and Purchase of 1333 Bomber Road
Leann,
This morning when I was trying to locate something else I came across the attached original contract that never
received a contract number. There was a memo attached to it from a former CSO employee requesting that
original signatures for Page 11 be returned. Why we kept an original, Mary and I have no idea!
Anyway, I spoke with Lester hngland this morning, and he said he never received a copy back with the title
company's signature, but he did send me the warranty deed he had on file in his office. I've shown this to Mary,
and she asked me to contact you to ask if you had the original signed by the title company, and if yes can we
get a copy of that title company page so we can fimsh processing the official record. Two, if you don t have it,
do you want us to go ahead and assign a contract number to this document for our official records? Please
advise.
Original Message
From printeradmins a,fortworthaov.org [mailto:printeradmins(a,fortworthg_ov.org]
Sent Thursday, August 27, 2015 7:35 AM
To: Tidwell, Allison
Subject: Message from "RNP002673720FA5"
This h-mail was sent from "RNP002673720FA5" (MP C4503).
Scan Date: 08.27.2015 08:34:31 (-0400)
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