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Home My WebLink AboutContract 44859 (2)e PURCHASE AND SALE AG12E�MENT '.,.._ � �..�,i � t .�" � — This Purchase and Sale Agreement ("Agreement") is made and entered into on the day hereinafter written by and between Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P., a Texas limited partnership ("Seller") and the City of Fort Worth, a home rule municipal coiporation of the State of Texas ("Purchaser"); WITNESSETH: 1. The Agreement, For good and valuable consideration set forth below, Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase and accept conveyance of the Property, as herein defined, under the terms and conditions herein set forth. 2. Property. The property which is the subject matter of this Agreement consists of the following ("Property"): 1.927 acres of land located in the George Shields Survey, Abstract No. 1402, Tai7ant County, Texas as shown on E�ibit "A" attached hereto and all improvements ihereon, and all rights and appurtenances pertaining thereto including, all right, title and interest, if any, of Seller in and to any land in the bed of any street, road or highway, open or proposed, in front of or adjoining the Property across or adjacent to the Property or abandoned, any unpaid award or damage to the Property by reason of changes of grade on any street, road or highway and any reversionary right attributable thereto. The Property will be subject to a use restriction for open space and right-of- way use only, and no permanent improvements will be consttucted except for public streets and utilities. 3. Consideration. The consideration for the sale of the Property to Purchaser is Purchaser's sale to Seller of a 2.35 acre tract of land out of the George Shields Surve��, Abstract No. 1402, Tarrant County, Texas ("Exchange Property") pursuant to a Purchase and Sale Pzn�chase and Sale f1g�•eernent — Columbia Plaza Medical to COFW Page 1 of 13 �� r�U ��`' � � L�I� Agreement of even date herewith between Seller and Purchaser ("Exchange Contract"). A default under the Exchange Contract will be deemed a default under this Agreement. As additional consideration, Seller agrees to pay the eost to replat the Exchange Property as it lies north of Cooper Street. 4. Seller's Title and Survey. Within twenty (20) days after the effective date of this Agreement, Purchaser wi11 obtain: (a) A commitment for title insurance ("CommitmenY') issued by Rattilcin Title Company, 201 Main Street, Suite 800, Fort Worth, Texas 76102, Attention: Larry Townsend ("Title Company") pursuant to which the Title Company agrees to issue and owner policy of tiile insurance ("Policy"} to purchaser on the Texas standard form insuring good and indefeasible title to the Property ui Purchaser, in the amount of $1,468,952.10 subject only to those matters approved by Purchaser pursuant to this paragraph and such other matters waived by Purchaser in writing; (b) A cunent survey plat ("Survey) of the Property based upon an on the ground survey made by Weir & Associates, Inc. ("Surveyor") showing all streets, roads, flood plains, rights of way, any encroachments, all improvements and a surveyor's certificate, all in form acceptable to Purchaser and the Title Company, and otherwise conforming to a Category 1 A: Land Title Survey as adopted by the Texas Society of Professional Surveyors. Within tweniy (20) days after receipt of the Commitment and Survey, Purchaser will notify Seller, in writing, of any objections to title to the Property revealed thereby, all other matters set forth thereiu being deemed approved by Purchaser. Provided Seller is not required to incur any cost, Seller will endeavor to remove or cure said objections within ten (10) days after receipt of said notice and have them deleted from the Commitment or Survey, or otherwise to Purchaser's satisfaction. If on or before the expiration of said ten (10) day period Seller has not removed or cured said objections, Purchaser rnay elect: (i) to cancel this Agreement and the Exchange Contract; or (ii) waive said objections and accept conveyance of the Property and issuance of the Policy subject thereto. Purchase and Sale Agreement — Colurs2bia Plaza Medical to COFW Page 2 of 13 5. SelIer Disclaimers. The Propei�ty is being sold by Seller to Purchaser on an "AS IS, WHERE IS" BASIS ONLY, WITHOUT REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OR DISCLOSI7ItES REQUIRED BY LAW, ALL OF WHICH BE1NG HEREBY WAIVED, AS TO THE CONDITION, FITNESS, MERCHANTABILITY OR HABITABILITY THEREOF OR AS TO USE FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LOCAL, STATE OR FEDERAL ORDINANCES, REGULATIONS, STATUTES OR OTHER LAWS, INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL LAWS AND REGULATIONS OR ANY RESTRICTIVE COVENANTS, and for purposes of evaluating these aspects of the Property not wananted by Seller, Purchaser is relying solely upon its right to inspect the Property, including, without limitation, the condition of the surface and subsurface. Seller will have no liability to Purchaser with respect to the condition of the Property and PURCHASER WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION AGAINST SELLER arising therefrom ihe future. Seller and Purchaser acknowledge that this basis upon which Property is being sold was a material factor in their agreement on the terms and conditions of the Exchange Contract. Purchaser agrees to reconfirm the provisions of this paragraph in the special warranty deed from Seller to Purchaser delivered at Closing as provided below. 6. CIosing. The "Closing" under this Agreement will take place in the offices of the �% :. �� - Title Company on a date a�reed upon by the parties, but in n� cvcnt later than 2013. At the Closing and subject to the other terms and provisions of this Agreement: (a) Seller will execute and deliver (i) a Special Warranty Deed in the form attached hereto as Exhibit "B" conveying to Purchaser good and indefeasible fee simple title to the Property free and clear of any and all liens, restrictions, easements and other encumbrances and title exceptions, except those approved by Purchaser pursuant to Paragraph 4 above and such other matters waived by Purchaser in Purchase afad Sale Agf�eement - Colunabia Plaza Medical to COFW Page 3 of 13 vtniting; and (ii) a temporary construction easement in the form attached hereto as Exhibit "C' ;; and (b) Purchaser will cause the Title Company to issue the Policy, containing no exceptions for liens, restrictive covenants, easements, encumbrances or other titie exceptions, except those matters approved by Purchaser pursuant to Paragraph 4 above and such other matters waived by Purchaser in writing. Simultaneously, with the Closing Seller and Purchaser will close on the sale of the Exchange Property under the Exchange Contract which closing will be a condition precedent to Seller and Purchaser closing under this Agreement 7. Prorations. All taxes, general and special, and all assessments, including school, municipal and all other taxes whatsoever will be adjusted (or prorated) in connection with the Property at the Closing with an effective adjustment (or proration) date being as of the date of such Closing. In the event taYes for the current year are computed and prorated at ihe Closing on the basis of an estimate using taxes for the immediately preceding year, and taxes for the current year are different, final adjustments between the parties will be made when t� statements become available. 8. Closing Costs. Sellers agrees to pay for: (a) All charges for tax certificates; (b) All charges for the preparation of the recording of any instruments required to clear Seller's title for conveyance of the Property in accordance with the provisions of this Agreement; (c) Seller's attorneys' fees; and (d) One-half (1/2) of the escrow fees charged by Title Company. Purchaser agrees to pay for: (a) The cost of the Poiicy and Survey; (b) Purchaser's attorneys' fees; and Purchase and Sale Agf�eement - Colurnbia Plaza Medical to COFYV Page 4 of 13 (c) One-half (1!2) of the escrow fees charged by Title Company. AlI other costs, charges and expenses in connection with the Closing will be allocated between Purchaser and Seller in accordance with the customary practices in the county in which the Title Company is located. 9. Possession. Possession of the Property will be delivered to Purchaser at the Closing in its present condition. 10. Defaults. If at the time of the Closing, Purchaser performs or tenders full performance of all of Purchaser's covenants and agreements herein set forth and Seller then refuses to consummate this Agreement or the Exchange Contract for any reason other than Seller's inability to meet the title requirements, then Purchaser, as Purchaser's sole remedies, at Purchaser's option, may (i) terininate this Agreement and the Exchange Contract, or (ii) enforce specific performance of Seller's obligations under this Agreement and the Exchange Contract. If, at the time of Closing, Seller has performed or tendered full performance of all of Seller's covenants and agreements herein set forth and Purchaser then fails or refuses to consummate this Agreement for any reason then Seller, as Seller's sole remedies, at Seller's option, may (i) terminate this Agreement and the Exchange Contract; or (ii) enforce specific perfo�mance of Purchaser's obligations under this Agreement and the Exchange Contract. 11. Real Estate Commission; Release. Seller and Purchaser represent and warrant, one unto the other that they have not engaged a real estate broker in connection with the purchase and sale contemplated under this Agreement, and they hereby agree that they wi11, at all times, hereafter release one another and their successors and assigns, from and against any and all elaims, losses, costs, expenses, liabilities and/or damages, including reasonable attorneys' Purchase and Sale Agreetnent — Columbia Plaza Medical to COFW Page5of13 fees, which the other, its successors or assigns, may hereafter incur, suffer or be required to pay to any individual or entity by reason of a real estate commission due in connection herewith. 12. Assignment. Purchaser may assign Purchaser's interest under this Agreement without the prior written conseni of Seller, to an entity owned by or under common control with Purchaser. 13. Exhibits. All exhibits refet7•ed to herein are attached hereto and are fully incoiporated herein by reference and made a part hereof for all purposes. 14. Binding Effect. This Agreement will be binding upon and inure to the benefit of the successors and assigns of the parties hereto and contains all of the agreements of the parties hereto and may be altered and amended only by an instrument in writing signed by each of the parties. There are no other agreements, oral ar written, in existence which affect the transaetion and which are prior in time to this Agreement. 15. Notices. All notices required or permitted to be given to either Purchaser or Seller under the terms of this Agreement will be sufficient if they are in writing and mailed, including email as follows: (a) To Purchaser: City of Fort Worth Attn: Fe�-nando Costa 1000 Throckmorton Foi�t Worth, Texas 76102 Email: Fernando.costa@fortworthtexas.gov Copy to: City Attorney's Office Attn: Leann Guzman 1000 Throcicmorton Fort Worth, Texas 76102 Email: leann. guzman@fortworthtexas. gov Purchase and Sale Agr�eement — Columbia Plaza Medical to COFW Page 6 of 13 (b) To Seller: Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. c/o Gavin Maloy One Park Plaza, Bldg. 2 Nashville, Teruzessee 37203 Email: gavin.maloy@hcahealthcare.com Copy to: Pollard Rogers Cantey Hanger LLP 600 W. 6�' Street, Suite 300 Foz�t Worth, Texas 76102 Email: progers@canteyhanger.com Mailed notices will be deemed delivered and effective when hand delivered, placed in the United States Mail, certified, return receipt requested, postage prepaid, and addressed to such party at such party's address hereinabove set forth or to such other address as either party may designate by notice similarly sent. Emailed notices will be deemed delivered and effective when received. 16. Continuing Liability. Any covenant or agreement herein which contemplaies performance after the time of the Closing will not be deemed to be merged into or waived by the instruments of Closing, but will expressly survive and be binding upon the parties obligated thereby. 17. Modi�caiion of This Agreement. This Agreement may not be modified or amended except by a subsequent agreement in writing signed by the Seller and Purchaser. The Purchaser and Se11er may waive any of the conditions contained herein or any of the obligations of the other party hereunder, but any such waiver will be efFective only if in writing and signed by the party waiving such condition or obligation. 18. Multiple Counterparts. This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, will be an original, but such counterparts will together constitute one and the same instrument. Purchase and Sale Agreement — Colzirnbia Plaza Medreal to COFW Page 7 of 13 19. Governing Law. This Agreement shall be consnued and interpreted under the Iaws of the State of Texas and all legal proceedings relating to this Agreement or the transaction coniemplated hereunder shall be brought in the appropriate court located in Tarrant County, Texas. 20. Agreement. 21 Time of Essence. Time is of the essence in the compliance with the terms of this Headings. The headings of the sections contained in this Agreement are for convenience only and will not be taken into account in determining the meaning of any provision hereof. 22. Gender and Number. Words of any gender used in this Agreement shall be construed to include any other gender, and words in the singular number shall be construed to include the plural, and vice versa, as ihe context may require. 23. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities ar•e to be resolved against the drafting party shall not be employed to the interpretation of this Agreement or any alnendments or exhibits hereto. 24. Attorneys' Fees. Should either party employ an attorney or attorneys to enforce any of the provisions hereto, or to recover damages for the breach of this Agreement, the non- prevailing pat�ty in any final judgment agrees to pay the other party all reasonable costs, charges and expenses, including attorneys' fees, expended or incurred in connection therewith. EXECUTED on the dates set forth below each signature, but EFFECTIVE for all purposes as of �� - � ,>� � � -� , 2013. 4. Purchase and Sale Agf�eement— Colunzbia Plaza Medical to COFYV Page 8 of 13 SELLER: Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P., a Texas limited partnership By: Columbia North Texas Subsidiary GP, LLC, a Texas limited liability company, General Partner � �� .�-�-_ By: / � Name: N ��ho e�s , ,r I Title: Member Date: $I22�►3 Purchase and Sale Agreenzer�t — Columbia Plaza Medical to COFW Page 9 of 13 PURCHASER: City of Fort Worth : .. ;. .:�. � � �:: �'' APPROVED AS TO FORM AND LEGAL: , By: � �� ° , � � �` �I' '', � �-- � 'r� : `� �ssistant�Aftorney ; .� � Date: ' ;i,(€�� Parrchase and Sale �lgreement — Columbia Plaza Medical to COFW Page 10 of 13 rti�'' � ��i� e ti�? � � �. . e�.. 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ENOINEeps 9UHYEYOA4 LAND PLANNEpd 7M kYJckaE7 BLYa, 9tIE 700 /hL�'QC4 iJ%5 76715 u� (61YJ167-T1ro 6813 EIY Sf+IIi �XKD, &7K 753N pflR) (iHJ331i� z.�rn EXHIBIT "B" (ATTACHEll TO PURCHASE AND SALE AGREEMENT) SPECIAL WARRANTY DEED Purchase and Sale Agr•eenient — Colurnbia Plaza Medical to COFW Page 12 of 13 After recording return to: City of Fort Worth 1000 Throckmorton Fort Worth, TX 76102 SPECIAL WARRANTY DEED WITH CONDITION SUBSEQUENT TH� STATE OF TEXAS KNOW ALL MEN BY THES� PRESENTS: COUNTY OF TA,RRANT THAT THE IJNDERSIGNED Columbia Plaza Medical Center of Foi�t Worth, Subsidiary, L.P., a Texas limited partnership, hereinafter refen•ed to as "Grantor", whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) cash, and other good and valuable consideration in hand paid by the Grantee, herein named, the receipt and sufficiency of which is hereby fiilly acicnowledged and confessed, has GRANTED, SOLD and CON VEYED, and by these presents does hereby GRANT, SELL and CONVEY all Grantor's interest LTNTO City of Fort Worth, Texas, herein referred to as "Grantee", whether one or more, whose mailing address is 1000 Throckmorton, Fort Worth, TX 76102, in and to the real property described in attached Exhibit "A" ("Property"). This conveyance, however, is made and accepted subject to any and all validly existing encumbrances, conditions, restrictions and reservations, relating to the Property set forth in this Deed and as now reflected by the records of the County Clerlc of TARRANT County, Texas. This conveyance is made and accepted subject to the condition subsequent that the Property will be used as open space, and no permanent improvements will be constructed except for public stc•eets, underground utilities and reiated improvements. If Grantee fails to comply with this condition, Grantor shall have the right to reenter and assume ownership of the Properly; provided Grantee fails to cure such noncompliance within ninety (90) days after written notice from Grantor is received by Grantee. This condition shall be binding upon and inure to the benefit of Grantor, Grantee and their respective successors and assigns. TO HAVE AND TO HOLD the Property, together with all and singular the rights a�id appurtenances thereto in anywise belonging unto the said Grantee, Grantee's heirs, executors, administratars, successors and/or assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, successors and/or assigns to WARRANT AND FOREVER DEFEND all and singular the Properiy unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns, against eveiy person whomsoever claiming or to claim the same or any pai�t thereof, by, through or under Grantor, but not otherwise. EXECUTED this _day of , 2013. Columbia Plaza Medical Center of Fort Worth, Subsidiary, L.P., a Texas limited partnership By: Columbia North Texas Subsidiary GP, LLC, a Texas limited liability company, General Pat�tner By:_ Name: Title: Member STATE OF § § COUNTY OF § THIS instrument was aclrnowledged before me on this day of ,2013 by , Member of Columbia North Texas Subsidiary GP, LLC, General Partner of Columbia Plaza Medical Center of Fol�t Worth, Subsidiary, L.P., a Texas limited partnership, on behalf of said partnership. Notary Public, State of Texas Printed Name of Notary Commission expires: EXHIBIT "C" (ATTACHED TO PURCHASE AND SALE AGREEMENT) TEMPORARY CONSTRUCTION EASEM�NT Purchase and Sale Agreement — Cola�rnbia Plaza Medical to COFW Page 13 of 13 PARCEL NO. 1 TEMPORARY CONSTRUCTION EASEMENT PROJECT No. 01742 LOT 2-A, BLOCK 2, M�DICAL CENTR.� CITY OF FORT WORTH, TARRANT COUNTY, TEXAS CITY OF FORT WORTH TEMPORARY CONSTRUCTION EASEM�NT DATE: February, 2013 GRANTOR: COLUMBIA PLAZA MEDICAL CENTER OF FORT WORTH SUBSIDIARY, L.P. GRANTOR'S MAII_,ING ADDRESS (including County}: One Park Plaza, BIdg. 2, Nashville, Davidson County, Tennessee 37203 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRr�NT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a temporary construction easement situated in the George Shields Survey, Abstract No. 1402, City of Fort Worth, Tarrant County, Texas, and being a poi�tion of Lot 2-A, Block of 2 of Medical Cent��e, an addition to the City of Fort Worth, Tarrant County, Texas, said Lot 2-A being deeded to Fort Worth Medical Plaza, Ina (now lcnown as . Columbia Plaza Medical Center of Fort Woi�th Subsidiary, L.P. by merger) as recorded in Volume 11760, Page 1374 of the Deed Records of Tarrant County, Texas, said temporary construction easement being more particularly described by e�ibits "A" and "B". Grantor, for the consideration paid to Grantor, hereby grants, bargains and conveys unto Grantee, its successors and assigns, the use and passage in, over, and across below and along the easement situated in Tarrant County, Texas, in accordance with the legal description hereto as attached as E�ibit "A". Grantee's access to the Property will be from the public right-of-way, either Pennsylvania Avenue or 13tit Avenue. It is further agreed and understood that Grantee wiil be permitted the use of said easement for the purpose of the roadway construction for Pennsylvania Avenue. Roadway construction will be completed and accepted by Grantee within one year from the date of execution. Upon completion of improvements, all rights granted within the described Temporary Construction Easement shall cease. Grantee shall clean, seed and grade the surface of all disturbed areas on the Property to the improvements Grantee constructs on Grantee's adjacent property. Grantee agrees to remove all debris and trash from the surface of the Property following completion of the construction. TO HAVE AND TO HOLD the above described easement, together with, all and singular, the rights and appurtenances thereto in anyway belonging unto Grautee, and Grantee's successors and assigns until the completion of construction and acceptance by Grantee. Grantor hereby binds itself, its successors and assigns, to warrant and defend, all and singular, said easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any pai�t thereof by through or under Grantor, but not otherwise. [SIGNATITRES APPEAR ON THE FOLLOWING PAGE] r- � . , ► Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P., a Texas limited partnership By: Columbia North Texas Subsidiary GP, LLC, a Texas limited Iiability company, General Partner By: Name: Title: Member GRANTEE: City of Fort Worth By:_ NamE Title: ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY By: Assistant City Attorney Date: ACKNOWLEDGEMENT STATE OF § § COUNTY OF § THIS instrument was acknowledged before me on this day of ,2013 by , Member of Columbia North Texas Subsidiary GP, LLC, General Parfner of Columbia Plaza Medical Center of Fort Worth, Subsidiaiy, L.P,, a Texas limited partneiship, on behalf of said parhiership. Notary Public, State of Texas ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF TARItANT 0 � BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, 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 putposes and consideration therein expressed and in the capacity therein stated. GNEN IJNDER MY HAND AND SEAL OF OFFICE this day of , 20 . Notaty Public in and for the State of Teaas PENNSYLVANI�A AV�NUE PARCEL NO. 1 TEMPORARY CONSTRUCTION EASEM�NT PROJECT No. 01742 LOT 2-A, BLOCK 2, MEDICAL CENTRE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS EXHIBIT "A" Being a temporary constiuction easement situated in the George Shields Suivey, Abstract No. 1402, City of Fort Worth, Tarrant County, Texas, and being a portion of Lot 2-A, Blocic 2 of Medical Centre, an addition to the City of Fort Worth, Tai�•ant County, Texas as recorded in Cabinet A, Slide 2536 of the Plat Records of Tarrant County, Texas, said Lot 2-A being deeded to Fort Worth Medical Plaza Inc. as recorded in Volume 11760, Page 1374 of the Deed Records of Tarrant County, Texas, said temporary conshuction easement being more particularly described by metes and bounds as follows: BEGINNING at a point in a south line of said Lot 2-A and in the north right-of-way line of West Cannon Street (a 55.0' right-of-way), said point being in the proposed east right-of-way line of Pennsylvania Avenue (a proposed variable width right-of-way), from which a point for the most southerly northwest corner of said Lot 2-A and the most southerly northeast corner of Lot 2-R-3, Block 2 of Medical Centre, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 4035 of said Plat Records of Tarrant County, Texas bears South 89 degrees 39 minutes 30 seconds West, a distance of 57.57 feet; THENCE North 00 degrees �7 minutes 57 seconds West, with the proposed east right-of-way line of said Pennsylvania Avenue, a distance of 84.49 feet to a point for the beginning of a curve to the right having a radius of 170.00 feet, a ceniral angle of 57 degrees 52 minutes 56 seconds and whose chord bears North 28 degrees 48 minutes 31 seconds East, a chord distance of 164.53 feet; THENCE with said curve to the right and with the proposed southeast right-of-way line of said Pennsylvania Avenue, an arc length of 171.74 feet to a point for corner; THENCE North 57 degrees 45 minutes 00 seconds East, with the proposed southeast right-of-way line of said Pennsylvania Avenue, a distance of 354.60 feet to a point for the beginning of a curve to the right having a radius of 170.00 feet, a central angle of 31 degrees 58 minutes 40 seconds and whose chord bears North 73 degrees 44 minutes 20 seconds East, a chord distance of 93.65 feet; THENCE with said curve to the right and with the proposed southeast right-of-way Iine of said Pennsylvania Avenue, an arc length of 94.88 feet to a point far corner; PENNSYLVANIA AVENUE PARCEL NO. 1 TEMPOI2ARY CONSTRUCTION EASEMENT PROJECT No. 01742 LOT 2-A, BLOCK 2, MEDICAL CENTRE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS THENCE North 89 degrees 43 mimites 42 seconds �ast, with the proposed south right-of-way line of said Pennsylvania Avenue, a distance of 102.49 feet to a point for corner in the easterly line of said Lot 2- A and in the westerly line of a tract of land deeded to The City of Fort Worth as recorded in County Clei•k's File No. D198294210 of the Real Property Recards of Tarrant County, Texas, from which a 1/2 inch iron rod with cap stamped "Weir & Assoc" found for corner in the easterly line of said Lot 2-A and in the westerly line of said tract of land deeded to The City of Fort Worth bears North 20 degrees 51 minutes OS seconds East, a distance of 6.04 feet; THENCE South 20 degrees 51 minutes OS seconds West, with the easterly line of said Lot 2-A and with the westerly line of said tract of land deeded to The City of Foi�t Worth, a distance of 21.44 feet to a point for corner, from which a 1/2 inch iron rod with cap stamped "Weir & Assoc" found for coi�ner in the easterly line of said Lot 2-A and in the westerly line of said tract of land deeded to The City of Fort Woi�th bears South 20 degrees 51 minutes OS seconds West, a distance of 23.96 feet; THENCE South 89 degrees 43 minutes 42 seconds West, a distance of 94.76 feet to a point for the beginning of a curve to the left having a radius of 150.00 feet, a central angle of 31 degrees 58 minutes 42 seconds and whose chord bears South 73 degrees 44 minutes 21 seconds West, a chord distance of 82.64 feet; THENCE with said curve to the left, an arc length of 83.72 feet to a point for corner; THENCE South 57 degrees 45 minutes 00 seconds West, a distance of 354.60 feet to a point for the beginning of a cutve to the left having a radius of 150.00 feet, a central angle of 57 degrees 52 minutes 57 seconds and whose chord bears South 28 degrees 48 minutes 32 seconds West, a chord distance of 145.17 feet; THENCE with said curve to the left, an arc length of 151.54 feet to a point for corner; THENCE South 00 degi•ees 07 minutes 57 seconds East, a distance of 84.42 feet to a point for corner in a south line of said Lot 2-A and in the north right-of-way line of said West Cannon Street, from which a 1/2 inch iron rod found for corner in a south line of said Lot 2-A and in the north right-of-way line of said West Cannon Sh•eet bears North 89 degrees 39 minutes 30 seconds East, a distance of 162.45 feet; TFIENCE South 89 degrees 39 minutes 30 seconds West, with a south line of said Lot 2-A and with the noi�th right-of-way Iine of said West Cannon Street, a distance of 20.00 feet to the POINT OF BEGINNING, and containing 15,772 square feet or 0.362 acres of land, more or less. PENNSYLVANIA AVENUE PARCEL NO. 1 T�MPORARY CONSTRUCTION EASEMENT PROJ�CT No. 01742 LOT 2-A, BLOCK 2, MEDICAL CENTRE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) Bearings are referenced to ihe Texas State Plane Coordinate System, NAD-83, North Central Zone (4202), utilizing WDS Vii�tual Reference System Networ�k. Surface Factor for this proj ect = 1.00012. Distances and areas shown hereon are surface. Date: October 4, 2012 M&C Review . Page 1 of 2 C}Ericial sike of the C.ity af Fort �Vorth, Texas � �r ,�" �v, � , >a ,� .,��-�� s _._ �..w � ._Na � ��s��. ;_. .,-. �,��. ,�x. �,�.n,�n�.� ��-�:� F„��r;,�,��t ., .,�� n � �� :,p�� .: �� ,r�� :,Y,�E. ;�_,,:�.��_,�.w �� _a��-��=� COUNCIL ACTION: Approved on 10/23/2012 � r� � � ��_�=��sw��.w ��.��,� �� ;: �� -��=��;�� .�.y�;�.� . � r_:- �, {�.�-��:: � �.. �� DATE: CODE: 10/23/2012 L REFERENCE NO.: **L-15450 TYPE: CONSENT LOG NAME: PUBLIC HEARING: 17PLAZAMEDICAL f�L�7 SUBJECT: Authorize Sale of Surplus Right-of-Way in the 1900 Block of West Rosedale Between Rosedale and Cooper and the Surplus Right-of-Way in the 1900 Block of Cooper Between Cooper and the Railway Running Parallel to Interstate Highway 30 to Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P., and Authorize Purchase from Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P., by the City of Fort Worth of 1.97 Acres Between Pennsylvania Avenue and Thirteenth Avenue (COUNCIL DISTRICT 9) ��,v � . � _ _�;��,,�-� � q.. �� -:� _ �� b� � � RECOMMENDATION: It is recommended that the City Council: 1. Authorize the sale of 2.35 acres of surplus right-of-way (abandoned rail line) in the 1900 Block of West Rosedale between Rosedale and Cooper and the 1900 block of Cooper between Cooper and the railway running parallel to Interstate Highway 30 to Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P., in consideration of the receipt of the 1.927 acres between Pennsylvania Avenue and Thirteenth Avenue from Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P.; 2. Authorize the purchase of 1.927 acres between Pennsylvania Avenue and Thirteenth Avenue from Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P., the payment for which is the conveyance of the surplus right-of-way (abandoned rail line) from the City of Fort Worth; 3. Find that the compensation, which is the conveyance of the surplus right-of-way (abandoned rail line) is just compensation; and 4. Authorize the execution and recording of the appropriate instruments conveying the properties to complete the sale and purchase. DISCUSSION: The City of Fort Worth (City) desires to construct a connector road between Pennsylvania Avenue and Thirteenth Street. The proposed location of the connector road is owned by Columbia Plaza Medical Center of Fort Worth Subsidiary, L.P. (Columbia). Staff approached Columbia to purchase the 1.927 acres between Pennsylvania Avenue and Thirteenth Avenue to build the connector road. Columbia will sell the land in exchange for abandoned railroad right-of-way adjacent to and near Columbia's property. The City acquired the abandoned right-of-way in 1998 from Fort Worth & Western Railroad for the expansion of Rosedale. Both properties have been appraised at $17.50 a foot, therefore the City's property is valued at $1,788,937.50 and Columbia's land is valued at $1,468,952.10. Staff recommends an even exchange of properties with no exchange of funds even though the City's property is larger than Columbia's because the City has no need for the surplus right-of-way. If the property acquisition proceeded to condemnation, the potential for payment of remainder damages, legal fees and condemnation costs creates equitable consideration. In addition, the recommendation is being made because the City will be receiving easements necessary for the connector road on property owned by Columbia at no additional cost. FISCAL INFORMATION/CERTIFICATION: http://apps.cfwnet.org/council�acket/mc review.asp?ID=17523&councildate=l0/23/2012 9/26/2013 M&C Review � The Financial Management Services Director certifies that this action has no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for Citv Manager's Office bv: Originatinq Department Head: Additional Information Contact: ATTACHMENTS Map 17Plazamedical.pdf Fernando Costa (6122) Jay Chapa (5804) Cynthia Garcia (8187) Sarah Odle (7316) http://apps.cfwnet.org/council�acket/mc review.asp?ID=17523&councildate=l0/23/2012 Page 2 of 2 9/26/2013