HomeMy WebLinkAboutContract 54672 CSC No. 54672
CONTRACT OF SALE AND 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, located within Tarrant, Denton, Parker, and
Wise Counties, Texas, acting by and through its duly authorized City Manager or
Assistant City Manager ("Seller") and BARRY RUBIN AND GWENDOLYN RUBIN
(collectively the "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 certain piece of land containing approximately 8,424 square
feet located at Lots 23, 22 & S %2 of Lot 21, Block 14, Bellaire Addition (also
known as 3236 Bellaire Drive West), as shown and more particularly described
on the attached Exhibit"A," incorporated herein for all purposes (collectively, the
"Property").
2. Purchaser is the adjacent landowner and desires to acquire the Property for use as
open space, beautification, and landscaping.
3. Seller will convey the Property through direct sale in accordance with Section
272.001(b)(1) of the Texas Local Government Code.
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:
Section 1. Agreement of 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.
(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 ("Permitted Encumbrances") and any express reservations
described herein.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
(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;
provided that 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.
Section 2. Independent Contract Consideration, Purchase Price, and Earnest
Money.
(a) Contemporaneously with the execution of this Contract, Purchaser hereby
delivers to Seller the amount of$100.00 ("Independent Contract Consideration") which
amount the parties bargained for and agreed to as consideration for Seller's execution and
delivery of this Contract. This Independent Contract Consideration will be applied to the
Purchase price, is nonrefundable, and shall be retained by Seller notwithstanding any
other provision of this Contract.
(b) The purchase price ("Purchase Price") for the Property, payable by
Purchaser to Seller in cash at closing (defined below), is $10,000.00. Seller has
determined that the Purchase Price reflects the current fair market value of the Property.
(c) Within five (5) days after the execution and delivery of this Contract by
Seller to Purchaser, Purchaser shall deliver to: Alamo Title Company, 714 W. Magnolia
Avenue, Fort Worth, Texas 76014 ("Title Company"), Jenna Hopper-Dickson as escrow
officer, a check payable to the order of title company or other means of funding
reasonably satisfactory to Seller earnest money in the amount of $1,000.00 ("Earnest
Money"). Purchaser's failure to deposit the Earnest Money as provided herein shall
entitle Seller to void this Contract. The Earnest Money shall secure Purchaser's
performance of its closing obligations stated in this Contract. Title Company shall hold
the Earnest Money in escrow and deliver it in accordance with the provisions of this
Contract.
Section 3. Title Commitment and Survey.
(a) Within ten (10) days after the Effective Date, Purchaser shall obtain at
Purchaser's sole cost and expense (i) a Commitment for Title Insurance and Title Policy
("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.
(b) Purchaser has obtained, at Purchaser's sole cost and expense, an updated
survey ("Survey") dated April 7, 2020 consisting of a plat and field notes describing the
Property, prepared pursuant to a current on-the-ground staked survey performed by Stuart
Warnock, RPLS, GISP No. 6579, a copy of which is attached hereto as Exhibit`B." The
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CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
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 ten (10) days after receipt of the Title
Commitment 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 to be amended to give effect to matters that are
cured, and give Purchaser written notice thereof within the ten (10) 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 AND THE
SPECIAL WARRANTY OF TITLE IN THE DEED TO BE DELIVERED BY
SELLER AT CLOSING, 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, 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
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CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
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 SPECIAL WARRANTY OF TITLE
SET FORTH IN THE CLOSING DOCUMENTS).
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
thirty (30) days after the Effective Date ("Option Period"), 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
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CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
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, or if Purchaser elects to
terminate this Contract for any reason, 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, Purchaser shall be entitled to the return of the Earnest Money and
neither party shall have any further rights or obligations under this Contract.
(c) If Purchaser does not terminate this Contract prior to the expiration of the
Option Period, then the Earnest Money shall become non-refundable to Purchaser except
in the event of Seller's default in the performance of Seller's obligations under this
Contract.
(d) The provisions of this Section 6 control all other provisions of this
Contract.
(e) 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, provided that Purchaser shall not indemnify Seller and
Purchaser shall have no liability for existing conditions on the Property that are
discovered by the Tests, but are not caused by Purchaser. 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 by Purchaser during the Option Period, provided that Purchaser provides no
warranty or representation regarding the accuracy or completeness of the studies or
results of Tests.
Section 8. Closinlz Contingencies.
(a) The Closing Contingencies are as follows:
(1) The Fort Worth City Council must approve the sale of the Property
at a public meeting.
I
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CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
(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 by October 30, 2020, then
this Contract shall terminate, and upon the termination, the Earnest Money shall be
refunded to Purchaser with any interest earned and neither parry will have any further
rights or obligations hereunder; however, the deadline for Closing Contingencies may be
extended if such extension is agreed to in writing by the parties.
Section 9. Closina.
(a) Closing (the "Closing") shall occur no later than twenty (20) days after the
expiration of the Option Period or the date that the Closing Contingencies are satisfied,
whichever is the last to occur, unless extended by mutual written agreement of the
parties. At the Closing, all of the following shall occur, all of which are deemed
concurrent conditions:
(1) Seller, at Purchaser's sole cost and expense, shall deliver or cause
to be delivered to Purchaser the following:
(i) A Deed Without Warranty ("Deed"), fully executed and
acknowledged by Seller, conveying to Purchaser all of
Seller's rights, title and interests to the Property subject to
the Permitted Exceptions, with the precise form of the Deed
to be determined pursuant to Section 11 below; and
(ii) A permanent easement for a sanitary sewer line on the
Property, as further described in Exhibit"C;" and
(iii) Any other instrument or document reasonably 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.
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CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
(3) The 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 2020 and subsequent years, and subsequent assessments for
prior years due to change in land usage or ownership".
(4) The Earnest Money (including any Additional Earnest Money)
shall be applied to the Purchase Price at Closing.
(5) Seller and Purchaser shall each pay their respective attorneys' fees.
(6) Any easements conveyed to the Seller will be at no cost to the
Seller.
(7) 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 or settlement fees,
costs of tax certificates, survey costs, title insurance policy costs and a
City of Fort Worth Property Management Department administration fee
of$1,600.00
(b) Ad valorem and similar taxes and assessments, if any, relating to the
Property for the year in which Closing occurs shall be paid by Purchaser. 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 and the Lease
Agreement between Seller and Purchaser shall automatically terminate.
Section 10. Allents. Seller and Purchaser each represent and warrant to the
other that it has not engaged the services of any agent, broker, or other similar parry in
connection with this transaction except the following: NONE. Purchaser shall be solely
responsible for and shall indemnify Seller from payment of any brokerage fees or
commissions.
Section 11. Closing Documents. No later than fifteen (15) days prior to the
Closing, Seller shall deliver to Purchaser a copy of the Deed Without Warranty, which
is subject to Purchaser's reasonable right of approval.
i
i
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CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
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 parry is present at
the Closing), (iii) placed in the United States mail, return receipt requested, addressed to
such party at the address specified below, or (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 parry at the address specified below.
(b) The address of Seller under this Contract is:
City of Fort Worth With a copy to:
200 Texas Street Matt Murray
Fort Worth, Texas 76102 Assistant City Attorney
Property Management Department City Attorney's Office
Attention: Real Property Division City of Fort Worth
Andrea McIntosh, Land Agent 200 Texas Street
Telephone (817) 392-6253 Fort Worth, Texas 76102
(817) 392-8973
(c) The address of Purchaser under this Contract is:
Barry& Gwendolyn Rubin
3232 Bellaire Dr(W)
Fort Worth, Texas 76109
(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.
(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
parry hereto shall have any further rights or obligations hereunder, and Title Company
shall deliver the Earnest Money to Seller as liquidated damages, free of any claims by
Purchaser or any other person with respect thereto. It is agreed that the Earnest Money to
which the Seller is entitled hereunder is a reasonable forecast of just compensation for the
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CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
harm that would be caused by Purchaser's breach and that the harm that would be caused
by such breach is one that is incapable or very difficult of accurate estimation, and that
the payment of these sums upon such breach shall constitute full satisfaction of
Purchaser's 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: (a) terminate this Contract by giving written notice thereof to
Seller prior to or at the Closing whereupon the Earnest Money shall be returned to
Purchaser and neither parry hereto shall have any further rights or obligations hereunder;
or(b) enforce the remedy of specific performance.
(c) If either Seller or Purchaser becomes entitled to the Earnest Money upon
cancellation of this Contract in accordance with its terms, Purchaser and Seller covenant
and agree to deliver a letter of instruction to the Title Company directing disbursement of
the Earnest Money to the party entitled thereto.
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
assignment of this Contract without the prior written consent of the other party shall be
void.
Section 16. Time of the Essence. It is expressly agreed that time is of the
essence with respect to this Contract.
Section 17. 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 whereupon the Earnest
Money shall be returned to Purchaser, and neither parry 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.
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CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
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. 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 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 for the City of
Fort Worth or federal 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. Multiple Counterparts. This Contract may be executed in any
number of identical counterparts. If so executed, each of such counterparts is to be
deemed an original for all purposes, and all such counterparts shall, collectively,
constitute one agreement, but, in making proof of this Contract, it shall not be necessary
to produce or account for more than one such counterpart.
Section 24. Attorneys' Fees. Should either party hereto institute any action or
proceeding in court to enforce this Agreement, the prevailing party in any such action or
proceeding shall be entitled to receive from the non-prevailing party all reasonable
attorneys' fees and court costs in connection with such action or proceeding. A plaintiff
is a prevailing party if it succeeds on the merits of its claim(s). A defendant is a
prevailing party if the defendant defeats the claim(s) brought by the plaintiff or if the
defendant succeeds on any claims for affirmative relief against the plaintiff. It is not
necessary for a defendant to bring affirmative claims against plaintiff to be a prevailing
parry for purposes of this provision.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
This Contract is executed as of the Effective Date of , 2020
SELLER: PURCHASER(S):
CITY OF FORT WORTH, TEXAS BARRY RUBIN AND GWENDOLYN
RUBIN, _
By. L By. ,
Dana Burghdoff, Assistant City Manager Barry Rubin
Date: Oct 12, 2020 /
�l
By: a
Gwendolyn Rubin
City of Fort Worth
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting requirements.
dlnkes (Ot&4—
Andrea McIntosh
Title: Land Agent
Approved as to Form and Legality:
Matt Murray
Assistant City Attorney aa44FORT�a
a F°°°°°°°°°�oa�
e ° %1010
Attest: a�a oid
° �
d
for Ronald P. Gonzales
for Ronald P.Gonzales(Oct 12,202015:09 CDT) �a�nEXA5a4p
Mary Kayser
City Secretary
M&C: #20-0663
1295: N/A
Date: 9/15/2020
OFFICIAL RECORD
Page 11 of 21 CITY SECRETARY
CFW Sales Contract with Barry Rubin and Gwendolyn Rubin FT.WORTH, TX
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:
Alamo Title
By:
Name:
Title:
Date:
Phone:
Email:
Fax:
Page 12 of 21
CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
EXHIBIT "A"
Property Description
METES AND BOUNDS DESCRIPTION
0,1934 ACRES
ADAM VOGT SURVEY,A-1586
TARRAN''l;'OOUNW,TEXAS
Being wi 0.1934 acre(8,424 sq.ii.)tract of bind,situr.ttc is tL•e Adam VogL Survey,X)AracL
;io.1596,City of Tort Worth.T<ri an-County,Teas,rind beaip all of:hr•.t certain called South
I.alf o'liif.21,and 1:lrr re.naiMers of Lots 22 ant:2:3,1Qoc•_lc 14,1iellaIre Adii:don,acr,nftlIIle Lo
the plat thetwor recordi0d in Volume M4' Pape 77, Plat Recoods, Tarrant County, Texas j
0.11d14 acm um:I.oil'land 1H:iT1ff MON!harlicaliarhy Jimcii1m.-I by m:lx:m xud
hownds as follows,to suit:
BEGINNING zt a 5/8-inch iron rod found a:the nor rinvest comer of die above mentioned
tiouc.h hall" of Ik-tt 19, .yHTnc: being -_'v.. south% cst. comer of that cr-r in tract of land as
t:Uuve}'eel to rk--ny and GweudOlyn Rulm,,acc oiding Lo Lbtr Det-0 rri:urtletl in CU11uLy{:lr.1k".
fn:3trtmCTIr Niirribt:T'DA"1911 0 irciHl Public Recortly,TArrITIT t:nnnq, T(w-m:fixlm which.
a 1/2-11WIL iton roil sound at Llte ttciftheasL Col'uer Ul'LIsL'-", Block 14:tttwar4 6101-11 00 I:clrmvt
21 minutes 10 sr.conds Wcbm a disc mom of 34,7fs ft:ct;
THENCE North 89 degrees 46 mirm-les 43 ser..onds Fast,along the south Berg of said Rubin
.rac:L,a disLacic:tr of 149.72 iher to a 5/A-such iron rod Round aL ilu:soutliLmA tcontur of Huf(l
Rubin tract,in the wicsc dghr-of wag•Enc of Lellaire Driva 1A,cst;50 feet ri fit-of-sy y),from
sellil 11 a I�"L-Inch ir'un roil fomal,il.11u.nor111i ml.corner•of�itl ituiiin traci im*.- Nlxi.1 (1t)
degrees':G minLxes 30 seconds`'Jest,a distance of 74.92 feet;
THENCE Sourl:00 depnees IS minutes 30 seconds&,.sc,along the east line of said Lot 21,the
rcmutindrr or l,+;t. 22, -mid Ihr:w(:at.right.-of-,+,q line(f)Mloirr- i)Iivi: WCaL, ,t distllim of
30.00 feet tc•a 5/8-itch iron rod.uric:i cap stzmped"Cin,of Fort%'orth Surrey Division"sec
n:the intensectton of the m7h light-of-way line of Hclltiire Mivc:Smith (vmrlahle width
d6dil.-of-way)WIC-Lilly we;L riG+,lll-ul'-seer}'line ul'13rl1 ire L'tivv Iest;
'1'HENCLt tito-ulli H dogrc_tts 2:1 tuinuLes 30.tlt:tuxlrl tort-A,slung LIM nurLit rfglu.-u -'nay lint:
of F,ellaire Drive South,a distance.of,16,23 feet to a.1/8-inch iron rod yith cap strlmped"C'it",
(If ForL Worth:iijrl-ey 1)iV18ic:T:":,vl.in Clip..Ho-11 r'isglii.ter-way line of 15e11aim Drivt-X4111t;, at.
the Jt''ginning,of a curve to the light haling a radius of 536.13 feet;
THENCE along said curve to the right,with the north right-of-v,ay laze of Bellaire Drive
Sotlth,ri I:hord hc.Hring of 1iOUt.h 71 t:cgrmts 17 nliTM-W. a?.xc:v(xc1.,;West,a c:hcT d dist4m.o.4
110.28'eel to a 5/S-'nciz:ran rod tburd at ache Southwest corner of;aid remainder of Lot M,
Block 14, saute: bp..:n dot: sou frcusl. cornca' of ihc: reirmil!dar of Lol. I.. Hluck 14, HO nirc:
Addition;
LAND SURVEY1NG SERV1C'NS
TRA SWIRTATION ANn Pr rRl it'.worzlc'.
01'Y OF fit@.'AORII-:A 38i1(YAW 40WII.VA-AL' W v1>.-KAI WOVI H,'I'H:aa'ti7lii
(n17�-M-'^12 A'T9-OIR Id0.k1IW116
7%CR t of 2
Page 13 of 21
CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
0.1934ACRES
AVAM VOGT SURNTY,A-1586
(CONTINUED FROM P07.D
THENCE North 00(1c9l'ur-'s 3' llflnul.mm 16 seconds lVest. alcng thr.x-mmt linc.4--f-!iaiam)IJOL
bolf of I.W.'21,Lhe remainders offLot:27A-nd1.'4:14TICI 1"W vam.11iie of above mentioned 1(it
1, Nock 14,a distance:of'MAO fixi Lt) div.POINT Or BEGINNING?contniliftiv,{}.111:64 attar
(8"1:-14 ar 11.);)f bititt,more or less.
Bear;ng,*s humcd(m dw- Vexas State Plane CoordinoWNINI.mu,NAM3(2011),Ilpoch 2010,Texas
Willi Central Zone,1 M.
1,Sltj;,r-I,L'WarrocIz,aREpLstcred prLifu8sit),,A imml Sijfvryt)j-iv,the State ofTexas,ci�i hcmby
'y cert1f, that tHs (ImmillmIL 1W.I!, EAVpayed tkom on o 8111-vey 1'ro,n
rc.c.orcled clummiciftation read evidence collcctvif. is my direcdoa and supervision,
cluring the moti-.h of&orch,2021).
. 2 ?. *. 1
4171'20W
----—----------
RPM CASHDATL
/--Z .
'I EX113 I?A"'K) N 0.657A) �7,'ART L
SS
A
LAND SURVEYING SERVICES
T.,-qAKSPQBL,IjIQX-AND MKI AC'IAAMK-�
ror..'j'jV(.7'4--4 1 XK1 mivmv mar Rvm.--,rc.w,.-erR7m,7v-xmvilm 41 e!AM 1:' I
A-h'
ME!MU M-NAP lli*)r',-4-','-2('R3A;CCX Pml&2 of 2
Page 14 of 21
CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
EXHIBIT "B"
Survey
' • !tP.M1"U�t_�\4•.Y.YA•I*AV AN LMVY J Alk(A�-f Y'�aT•'\�M,lr7r^.'P.A%.!AI)At 11 LY.•r: 14, MufWe-4MO-WO
/CC{IT1A41 i IT),,,1�15'.1i ti5'rv+:� �"LYAh.!JJ IN r7'+'.Y:YV, fri.!iT. Fti,1i A!1VJi. C1Vipl'JF Crth,',^ TY•}'..',Y.15Y
.4MUiY A15:,7,LT.W/lk",'-i JIl,�,"57:1�1s-iv,SY.t.\'WAY fA 41A.1f04,4 f:!A"WtO hLYcia rlU hJL£A.4t4i 1!eY!74.
N • 1i
rt 4 I1a�o es�.lt 5r4a'tii �'!'a5 'k ttasai f
•M1. D T6 N i
Cul .f LOT 19 gib„
Fell
61 OrK 14
!AT 3 BELL41RE 1 Al7 PON LOT 20
r,Yx. act Aa. 77 n,xcr T,) xv.irrx�w,f. , pr
hair. Y2 s ) L;
WIF,NA,fA7.49 r.V.71 NJ
u:A AI
1J Ivy r-rn"Ir-s 7,T,-
i.h'l.9fiY•fA.1 �1 10.72' :1 '�•1 `••
COT 2 E ` W 01.5
,ea„rr r.n.•J..x,• ((yy 1: Q rn• �: ah::m.�
uJ
P:wdXMF
3 � ;i x.•a rx-,
F4+:
k-rs:_erx'_r"ls s vV v .r&
g
E �73RT r b JJL' 1L � -
: U�
�S
�Mec ti e•rP
15
REWANO 934
Lr ZQT 23 �(S=.424 &Fj Coo � i•'=N'""
.ShYtH1 rt'JtGh'/•.^_c%S:t.'M:4'ihE.Ti3GU STATE Pi.1'4E
610ROW+r i0.1,Ti5:13A! IISWIVIT.M"Ck rA}'ty.1 mn% .tvit A'C,=1)X hLi.
mmw.i W a;9'Oir1E;<.'j W!Y A?kit J}TV YA1u\'AVs l4'JhR'ff£'*i Lt49 NO C/PR O IV a=.SN7,1W'Irr
_'.mr. FAY. 1...IE'•sW .4LR^E 711*�6at'l}\'r3;,?ri 1:+�ric1 H�!!t7r Ar..:!At:u'
r� fY r ry11V7 r."NW.71f 11 it)M..W nY AA R'•.FYY Sr a CVa%XT SC4 E FA:lvr OF
v/. -isa_Am.%' ri W.Ma-&-a..N1ai.1 1.ti9' r3Y:
l a-15-.d:swnr rKy A.•Itc'1;wm% 2. rIS W-4'.t hk'I:.4`:'4PivAh:•.5 i1lY.,:Ai W. 1R:Y YOO Sl SL x
•� _-- t,tLY. .4W i vl6wi e¢:tiE4W sr W;RA71R•f Our M 1.%0
4'Y1� c f,Qt. ?7FA 3'AYMA
• '}F i ih!SAMlY.1 rWLI`fWf MU!,K%VJ Za4r y,.fVZ'I7 57MYA!r;,Y
imvx A,sr Am ri(Y fA:'t.iSl: \' ' •.+i' i£RCM-140v MI YO-WIED V
fly 'i FRS^ga (,FiW "'!cl'Chti.;rlNidt�nlr'r,,Y,c�'.Y FTLU171Al1:S :i T--iN'4'1
.9'tS��ul tF/W r�am'i 1. 'v't rJ utWSJ J'1,hr;u
Sr Al N£564.�E'FP Nfl':n�,rr (jr(J�wr:1 f41 •••xt 'a cr:r u
91U\gi '8d?Y:CY. 1 .Wr In". i4f rli.^.dr1r'I,11u,1r::_:.M.E V G+r!
Y Y_A!MI r Q 1JVf lEtrHs JtY 'G/1fN0.U1 31.4t•Y 1K",',i.t4 J(R.^..5-'A7! 4
GNY,51,-,'+',Ivi /;S td iPt.':y ,:\Yi(A i1u -1^tJ Sr 6Nt'El f.
y�I.c O;ftvv:i TEAS IiBXYicSEG 'V7•F CR h:. 771.
JK
b7sh�k*'.Sy llU:
FORT WORTH_. JWLj1J MICE
- - - -- - E•15-I'@E1Ji L4Je'
^ r1i1,41 I %-EIZ r R
TfiAN�ICnTATICri&7VP.L'•:5'r�L'GK:i un_ di'Et7iSID E��Gig51C
fit:"".'S.v;f.�LY�57r 57r=r7 FMT%,-Jm.Tx g* BOUNCARY AND
121:2:1L's:Tx.4A ts.x:cr?x1 IMPROVEMW SURVEY
tip. S1A7.4mi_-,
ct va+r tip. hl•:fxl\Ydt FdL•'
1t\5!'Av:1:!1ti.0 A sT.:1ir arcs av?ik"eaxm rmyr^1T_NY/r!11 8J 424 S F
(Arm. m2ri mo C A:5Y.41�1\4,,J 1.. A A!1t..AW E_L%%%5 L2:11i1"FlA'4
f E'rFfl C%*E. ^1'.'ric A4E.4"•I,lTF f.4 A�'�:IRt'pt h1iA'ASYHA'(:4 A VOGHT SURICY A-1586
.�:Aw,aa:tacn'r.}sr,aAw.ti A� FO T WORM, TARRANT COUNTY, FN
SRltfi L IR1StiH:4
f;r1,Y:11.vGU:SWXG`�M1.\IL tA\\:t SMK.tSS:f.
1r]•.lC�l•7;T'N,TI:4'.4 ,:1in .IMP.14:v r:4'AW CM LY.-aw PAS N I .V!
.r 1,V-V GyA.+w+r,150_1g.-V54 t'_\ntr.^ltven„mt.Yf r 1!+a'r;
Page 15 of 21
CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
EXHIBIT "C"
Permanent Sewer Line Easement
3236 Bellaire Dr(W)
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
PERMANENT SEWER FACILITY EASEMENT
DATE:
GRANTOR: BARRY RUBIN AND GWENDOLYN RUBIN
GRANTOR'S MAILING ADDRESS (Including County):
3232 BELLAIRE DR. (W),FORT WORTH,
TARRANT COUNTY,TX 76109
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (Including County):
200 TEXAS STREET,FORT WORTH,
TARRANT COUNTY,TX 76102
CONSIDERATION: Zero Dollars ($0.00)and other good and valuable consideration,the receipt
and sufficiency of which is hereby acknowledged.
PROPERTY: A certain piece of land containing approximately 1,124 square feet
located in the Adam Vogt Survey, A-1586, City of Fort Worth, Tarrant County,
Texas being more particularly described in the Exhibit "A" and Exhibit "B" attached
hereto and made a part hereof.
Grantor, for the consideration paid to Grantor and other good and valuable consideration,
hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive,
perpetual easement for the construction, operation, maintenance, replacement, upgrade,
and repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The
Facility includes all incidental underground and aboveground attachments, equipment
Page 16 of 21
CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
and appurtenances, including, but not limited to manholes, manhole vents, lateral line
connections, pipelines, junction boxes in, upon, under and across the Property, together
with the right and privilege at any and all times to enter the Property, or any part thereof,
for the purpose of constructing, operating, maintaining, replacing, upgrading, and
repairing said Facility.
In no event shall Grantor (I) use the Property in any manner which interferes in any
material way or is inconsistent with the rights granted hereunder, or (In except for the
existing sign on the Property, erect or permit to be erected within the easement property a
permanent structure or building, including, but not limited to, monument sign, pole sign,
billboard, brick or masonry fences or walls or other structures that require a building
permit. However, Grantor shall be permitted to install and maintain a concrete, asphalt or
gravel driveway, road or parking lot and an irrigation system across the Easement
Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole
cost and expense, including the restoration of any sidewalks, driveways, or similar surface
improvements, the existing sign and any irrigation system located upon or adjacent to the
Easement Tract which may have been removed, relocated, altered, damaged, or destroyed
as a result of the Grantee's use of the easement granted hereunder.
TO HAVE AND TO HOLD the above-described easement, together with all and singular the
rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors
and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant
and forever defend all and singular the easement unto Grantee, its successor and assigns, against
every person whomsoever lawfully claiming or to claim the same, or any part thereof.
When the context requires, singular nouns and pronouns include the plural.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Page 17 of 21
CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
GRANTORS: BARRY RUBIN AND GWENDOLYN RUBIN
By(Signature):
Barry Rubin
By(Signature):
Gwendolyn Rubin
THE STATE OF TEXAS §
COUNTY OF TARRANT §
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Barry Rubin, known to me to be the same person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
and that he/she executed the same as the act of said
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
Notary Public in and for the State of Texas
THE STATE OF TEXAS §
COUNTY OF TARRANT §
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Gwendolyn Rubin, known to me to be the same person whose
name is subscribed to the foregoing instrument, and acknowledged to me that the same was the
act of and that he/she executed the same as the act of said
the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
I
Notary Public in and for the State of Texas
i
Page 18 of 21
CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
GRANTEE: CITY OF FORT WORTH
By(Signature):
Dana Burghdoff
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
(Signature):
Matt Murray
Assistant City Attorney
M&C required#20-0663
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Dana Bur hg doff, Assistant City Manager of the City of Fort
Worth, known to me to be the same person whose name is subscribed to the foregoing instrument,
and acknowledged to me that the same was the act of the City of Fort Worth and that he/she
executed the same as the act of the City of Fort Worth for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20
Notary Public in and for the State of Texas
Page 19 of 21
CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
SANITARY SEWER EASEMENT
1 ' 1 '
EXHIBIT"A"
METES AND BOUNDS DESCRIPTION
0.0258 ACRES
ADAM VOLT SURVEY,A-1586
TARRANT COUNTY,TEXAS
Being an 0.02M acre(1,124 sq,ft.)strip of land,situated in the Adam Vogt Survey,Abstract No.1586,
City of Fort Worth,Tarrant County,Texas,and being a portion of that certain called South half of lot
21,and the remainders of lots 22 and 23,Block 14,Bellaire Addition,according to the plat thereof
recorded in Volume 204,Page 77,Plat Records,Tarrant County,Texas(P.R.T.C.T.} said 0.0258 acre strip
of land being more particularly described by metes and bounds as follows,to wlt;
BM. NNING at a 5/8-inch iron rod found at the northwest corner of the above mentioned South half
of Lot 21,same being the southwest corner of that certain tract of land as conveyed to Barry and
Gwendolyn Rubin,according to the Deed recorded in County Clerks Instrument Number D219115688,
Official Public Records,Tarrant County,Texas,from which a 1/2-inch iron rod found at the northeast
corner of Lot 2,Brock 14,bears North 00 degrees 21 minutes 40 seconds West,a distance of 34.76 feet;
THENCE North 89 degrees 46 minutes 43 seconds East,along the south line of said Rubin tract, a
distance of 15.00 feet to a 5/8-lnch iron rod with cap stamped"City of Fort Worth Survey Division"set,
from%Nch a 5/8-inch iron rod found at the southeast corner of said Rubin tract,in the west right-of-
way line of Bellaire Drive West(60 feet right-of-way)bears North 89 degrees 46 minutes 43 seconds
East,a distance of 134.72 feet;
THENCE South 00 degrees 32 minutes 16 seconds East,over and across said south half of Lot 21,and
the remainders of Lots 22 and 23,a distance of 73.5.5 feet to a 5/8-inch iron rod with cap stamped"City
of Fort Worth Survey Division'set in the north right-of-way line of Bellaire Drive South(variable width
right-of-way),being in a curve to the right and having a radius of 536.13 feet;
THENCE along said curve to the right,with the north right-of-way line of Bellaire Drive South,a chord
bearing of South 79 degrees 23 minutes 03 seconds West,a chord distance of 15.24 feet to a 5/8-inch
iron rod found at the Southwest corner of said remainder of lot 23,Block 14,same being the southeast
corner of the remainder of lot 1,Block 14,Bellaire Addition;
THE North 00 degrees 32 minutes 16 seconds West,along the west line of said south half of Lot 21,
the remainders of Lots 22 and 23,and the east line of the above mentioned Lot 1,Black 14,a distance
of 76,30 feet to the POINT OF BEGINNING,containing 0.0258 acres(1,124 sq,ft.)of land,more or less.
Bearings based on the Texas state Plane Coordinate system,NAD83(2011�Tcxps North Central Zone 4202.
1,Stuart L Warnock,a Registered Professional land Surveyor in the State of Texas,do hereby certify that
this document was prepared from on a survey made on the ground,from recorded documentation and
evidence collected,under my direction and supervision,during the month of March,2020.
4/7/2020
STUART L_WARNOCK,RPLS,GISP DATE
TEXAS REG19fRATION NO.65"M
LAND SURVEYING SERVICES
TRANSPORTATION AND PUBLIC WORKS
M Y OF FORT WORTH*8MI CAMP BOWIE wESr BLVD.*FORT WORM TEXAS 75116
(RD)392-7925*TX FIRM NO.U61100
CPS:0900 M—F-M[6rr A_32M SELLURE ESW DESCRIPTION-4-740 R3_DCia PAGE 1 of 2
Page 20 of 21
CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
it
p,
RLCCK 14
'or 3 RELL41READDIBON LOT 20
�,IW, M, Fa,77,aR-r.r-r.,, ew.-
-*AS
k'
FIVII "v if. ;r;.7.
LOT 2 Im. -N WOW C Mry),
vi ar.,
Itt, UX.1rd
1'LLN.'S,12
Vcf.4:1 M
lot mpk)&
11;1 OF LOT 22
vF
FFWPiJSrD Mr,-MnT j 124 SA fa 0258 A--)
MOWDER
rAL'Lzil'23
"!L 1X—
V 7107AIS
4
Y094;;-IJAXN, !7V rIP MOM ArATF PUMF
nVFT L w.W.CK (rx AWAS"V-5 --hulhN li"I I"kj No U.S.
iLt,' A*%Yj .0.447.5 rnrTM'.%%IZ52
AVO V&V�' "'GIULdiLi- 1,) '-*P 91 6WW;FV E -1-c4eveAl"
LAAJK.;,".-
iZE-CIROS 1-11%v P? Smsvrl 46Y E/.—,
V AMI F(,.VANFq .744.7 -YAVaN.
4VA'v.* 6%o
WATLYAr A M,EL
Foin'WORTH. stiksnwe wx
4 Y'N%T
EXHISIT B
5ANTARY SEWER EASEMENT
0.0258 ACRES
:Q A, VOGT SURVEY A—75B6
rti ril rXL%� 'NJ OLI&uY NYS
,-�xAED FX(W.,SW?"(iallr 1.1;r.-rWmx').'MN4 10, OF FORT JWRTH
?=e, I.WOa Ah-L.4.;eL�LKE',� -,W
HOt&V. TARRANT OOUNn� 7X
s QI.RT i. NVIWO/
FIG MA'.v L4,1,j III-AVEAW
MW ArNMMAN)t-M, KIN .-m AM Mr MW Jr:Sat ;A-k!I f.=
v.,." AIII-If"wT
Page 21 of 21
CFW Sales Contract with Barry Rubin and Gwendolyn Rubin
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT�T11
Ir—
REFERENCE "M&C 20- 21 PMD CFO DIRECT
DATE: 9/15/2020 NO.: 0663 LOG NAME: SALE 3236 BELLAIRE DR
(W)
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 3)Authorize Direct Sale of a City Fee-Owned Property Located at 3236 Bellaire Drive
(W)for a Total Cost of$14,119.00 to Barry Rubin and Gwendolyn Rubin, in Accordance
with Section 272.001(b)(1)of the Texas Local Government Code
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the direct sale of a City fee-owned property located at 3236 Bellaire Drive (W) for a total cost of
$14,119.00 to Barry Rubin and Gwendolyn Rubin, in accordance with Section 272.001(b)(1) of the Texas Local
Government Code;
2. Authorize acceptance of a permanent 15-foot sanitary sewer easement on the Property as a condition of closing; and
3. Authorize the City Manager or his designee to execute and record the appropriate instrument(s) conveying the
property to complete the sale and accepting the permanent sanitary sewer easement.
DISCUSSION:
Barry Rubin and Gwendolyn Rubin (Buyers)are the current owners of the adjacent lot and are interested in purchasing this
City fee-owned lot in order to clean up, maintain and incorporate it into their land. The Buyers submitted a direct sale request
to the Property Management Department to purchase the Property referenced below. The subject property cannot be
developed independently,therefore the direct sale is authorized under Local Government Code Section 272.001(b)(1). The
property was originally acquired by the City in 1967 for the West Berry Street Extension.
An independent appraisal was performed on the property and the agreed upon acquisition price of$14,119.00 includes
administrative and document preparation fees totaling$1,600.00 and the cost of the survey totaling$2,519.00. The buyer will
be responsible for all closing costs related to this transaction. The City of Fort Worth will retain a permanent 15-foot sanitary
sewer easement across the subject property as well as all mineral interests it may own in conjunction with the property.
TAD Property Appraised CFW Cost of Total
Acct# Address Legal Description Acreage Value Admin Survey Purchase Zoning
Fee Price
3236 Bellaire Dr Lots 23, 22&S Y2 of
00150452 (W) 21, Block 14, Bellaire 0.1934 $10,000.00 $1,600.00 $2,519.00 $14,119.00 A-5
Addition
The Development Services Department reviewed the current zoning of the property and determined the zoning classification
of the property is compatible with respect to the existing land use of the surrounding neighborhood and future land use
designations indicated in the Comprehensive Plan.
The property is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations,funds will be deposited into the General
Fund.The Property Management Department(and Financial Management Services)are responsible, upon closing and funding
of the sale,for the collection and deposit of these funds into the General Fund. Prior to any expenditure being incurred,the
Property Management Department has the responsibility of verifying the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I I Year Chartfield 2
Submitted for City Manager's Office by: Dana Burghdoff(8018)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28232&councildate=9/15/2020 9/15/2020
M&C Review Page 2 of 2
Originating Department Head: Steve Cooke(5134)
Additional Information Contact: Roger Venables(6334)
ATTACHMENTS
M&C MaD.3236 Bellaire Dr(W).Ddf
Survey&Easement.3236 Bellaire Dr W.Ddf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28232&councildate=9/15/2020 9/15/2020