HomeMy WebLinkAboutContract 27708 fC'0'1TY SECRETARY'
"'"'ONTRACT NO.
09
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INTERLOCAL AGREEMENT 10 15
This INTERLOCAL AGREEMENT (this Agreement) is rude and entered into by
and between the following:government entities:
The CITY Y OF .SORT WORTH, TEXAS, a home-rule municipal corporation,
(hereafter called"CITY"'); and
TARRANT COUNTY, TEXAS, a political subdivision f the State of Texas,,
(hereafter called"COUNTY").
RECIIAI
1. This Agreement is made under the authority granted to CITY and the
COUNTY by and pursuant to Texas Government Code Chapter 791, known as the
INTERLOCAL COOPERATION ACT.
2. By its adoption of M&C -12284 and Ordinance No.13533 ("the
Cord nance") on July 28, 1998, the City Council of the CITY established a procedure to
convey tax-foreclosed property to eligible housing ng nC nprCofit organizations for the
development of low income housing ursuant to Section 34.015 of the Texas Property,Tax
Code. A copy of the Ordinance Is attached as Exhibit `A"' and incorporated for all purposes
The Ordinance has been reviewed by the staff at the COUNTY TY and has been presented to its
Commissioner's Court for approval.
3. By its adoption of M C G-12284, the City Council of CITY has also authorized
this Agreement with COUNTY to obtain OLN'TY's consent to the conveyance method
stated in the Ordinance and to he designated as the signatory natory Can behalf of COUNTY to
execute Tax Resale Deeds in the conveyance under the Ordinance..nance. A copy of the proposed
Tax Resale Deeds attached as Exhibit "B" and incorporated for all purposes.
4. The COUNTY's Commissioner's Court has approved this Agreement at its meeting
of 2002.
A
NOW THEREFORE, in consideration of the mutual covenants herein expresseu,
the parties agree as follows-,
AGREE,M=
I. COUNTY hereby approves and consents to the method of property conveyance as
stated in the Ordinance.
2. When an eilgible housing nonprofit organization ("Organization"), requests to
purchase a specific tax foreclosed property, CITY shall notify COUNTY of the request and
give COUNTY the opportunity to purchase the property.
I COUNTY further designates and authorizes the City Manager or any Assistant City
Manager of the CITY to execute Tax Resale Deeds to be used in property conveyance
pursuant to,the Ordinance on behalf.of COUNTY.
4. This Agreement has been duly authorized by the governing bodies of the CITY' and
COUNTY.
5. This Agreement, and the authority granted herein, shall continue in effect until
terminated by notice in writing from one party to the other at least thirty (30) days prior to
the effective termination date.
2
EXECUTED thi,
s day of
COY of FORT WORTH TARRANT,COUNTY
Throckmorton Street 401 W. Belknap
Port Worth,Texas 76102 Fort Worth,Texas 761916-0201.
011,110 o
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Assistant City Manager Tom Vandergrif"
Title.-
ATTEST: ATTEST:
City Secr�fary
wtl ry
APPROVED AS TO APPROVED AS To F01 M l
FORM A LEGALITY
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Assisti9t City Attorney ssistan 'minal District Attorney
*By law, the District Attorney's Office may only advise or approve contracts or legal.
documents on, behalf of its clients. It may not advise or approve a contracts or legal
document on behalf of other parties. Our view of this document was conducted solely from
the legal perspective of our client. Our approval of this document was offered solely for the
benefit of our client, Other pat-ties should net rely on this approval and should seek review
and approval by their own respective atto mey(s).
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3;, Authorization ow
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pr�, perty and sellin the prop�ert to low income house����"s A � t��
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immediately preceding the application- and
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D) has the capability, upon conveyance off"the property,, to obtaininsurance4o c vf.,r�
liabilities that rna ,use out of holding and developing the property„,and.
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E has a designated ted pers rn authon*zed by its board oafdirectors"as s gn4to�'n,b.�f�' '
of the organization.
3. Housing development as a primary activity. A non'V%refli, A ioft'
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cons dead t e�e np housing +�r w income households �� ,�P���,�t t��� �
gaged primarily development et ,.
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(A) has as a corporate pose of developing and manag*ngorder e'd h u�r
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ow income �as state in *ts art c1 + 'incorporation,or,by'AWS" ��w� � ���, „ .`
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development activities for low income households;or
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C has a comprehensive or strategic revitalization or redev',clo
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pprn ed recogniz, ", by the Cit and �nci tud�������per wit's wn
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Low n�cl ne bouseholds. Individuals and/or famil es whose." :
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do not,exceed , f the wadi an income for the are with adjustments.:f r.�fa� �"si le
determined, � ate the Department Housing ��
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S. �Affordable hnns n"g. Housing s considered affordable 'f the n�rr*1 h, ng
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cost doles not exceed 30% of the household's monthby srns Income. FGr xx m� n � x ,
housing cost includes the payment of principal, interest,taxes,and„insurance.,For, ;,SI,
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it means the a unt of rent paid,not to exceed the Fair Market Rent for comps-b�n t�
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in the area as
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the units should he affordable to low income households.6.
Tax resale deed without warranty. The legal instrument need they°
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transfer its interest and that of all the other taxing entities in tl.a rn e��t t ;�l
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housing nonprofit organization pursuant to this ordinance.
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Tax appraisal value. The value of a specific parcel of property, as.detr-r n �
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the Taffant Appraisal District as of January I of the year the property is Coq%!,e a ,t °`a.4
el gNe housing nonprofit organization or by an independent eertifi� appraiser
expenses S" ��. ���t� �d expenses. Costs � � a mean o costs and
provided In Sections 34.02 and 34.06 of the Texas property Tax code. N u
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91. Application a rV -#iiN' �1a M� w fee c .� �' r I N m
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process the application of an eligible housing nonprofit organization for te
oft x foreclosure property in accordance with th;s ordinance.
tu Method of sale.
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1. the City a yell eligible ro ert to an eligible housing.nonprofit or on ; ¢,
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fe►. the development of low income housing for an gaunt that i's I-esS th_ the
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( the total arnouu� t of"ud menu against the ro ect: :•
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2. In ,general, the property shall be ransfer-ed to an e1ig
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organization for an amount equal to 2070 of'the tax appraisal va.1,Pq o " ������ ped 'ptAIS �x
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costs and expenses. Provided, the Real Property Management. ��-D v s � 'of e
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Engineering Department may in extraordinary circumstances, reed�� e 4 IW :.
lower purchase pr ee�, but in,no ease halt the property be conveyed'-for,,
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of the costs and expenses incurred on the property.
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3. All conveyance shall be app�ro �ed by the City Council.
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c Application f+ e., of ;
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The City shall charge an ppl'cation fee for the processing f'each,��p��tc� � f r �����
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conveyan"e of eligible property.
d Procedure of,sale, `" M
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� ' ned ���e Real Property Management Division `the Engineering ep��l� t n
Department may develop procedures to mpilernent this ordinance.
nce.
SECTION 2.
This ordinance shall cumulative provisions of ordinances f xheµ
City of Fort Worth,Texas 1 9816 as amended except where the provisiomofthis,�
direct conflict with the provisions of such ordinances and such Code �in,w.. r ""j,W6
ue ��
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provisions,of such ordinances and such Code are;hereby repealed.
SECTION 3.
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It is he�re�b�, declared to be the intention of the City Council that he'��t n��.
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sentences,clauses and phrases of is ordinance are severable,and, if can
clause"'
paragraph or section of this ordinance shall be declared unconstitutional the,,v ". )iR' igment
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y decree of any eon of competent "ituisdict on, such unconstitutilonafity shat .not
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remaitung phrases, clatises, sentences, paragraphs and sections, of AU'lls ordinanct since-,the;smne
� uld have been enacted by the City Count �l with u t the r � �rati n �n f� r I�� �
such unconstitutional phrase,clause,sentence,paragraph or,section.
SECTION 4.
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This ordinance shall take effect and he in full fore and effect from and aner,its as a",
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and it i's so ordained.
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DATE
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PRUIULLNUIDUEJ FOR THJEJ CONVEYANCE OF TA A.AX� M
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FORECLOSIP'RE
P1X0V1%"3PJEC4JPr11`4&7 TO Ir'J'LHABLE HOUSING NONPROFIT' ^ w m w
'THE DKOVELOPMENT OF Lv` INCOME HOUSING PUnR6S0UANT'-'TO,`1'1`
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Ornu"VINANCE N .
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T, he following procedure s shall be used for transfcm'ng eligible tax -fnfeclos c�.
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Property to eligible nonprofit organizations pursuant to Ordinance No. the
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Ordinance
1. The "Meal Property, Management (RPM) division of t�,e Engineenfig Dcpartrneot
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shall, l .� � + following + �t ��P�tn�nt� �� � � � �� �lel ,aeJe
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of tax foredo ure properties: De elo tent ^Y nvir nm ntal M� emcn, 1 l in darks ..v
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and Community Services, Trans rt, t n/P Wor s, and Water Departments. These,,
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departments nts Will be contacted d to determ ne f a particular property should be r :tom e
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�� ernent rY `� � l�+d "
he � ? "�" � fir reaon �. , y, f gig"
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programs). The City Departments stall have sixty (60) days, from the date,.of the. not cp
with,the,opt'on to extend for another 3 0 days,to request that the City retain
pro
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RPM shall also provide all rather local taxing entities with the sae list and allow
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property for their projects. If RPM or the Housing Department receives a request from,
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City department r, a.. tax ern it , the,, . e t r6 rn b�+ releage f m *t e
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available list for conveyance ender this, ordinance until such time it is no l'nn ided. ".
by the City or another taxing entity. �y
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2. Applications from nonprofit an
t or tzations for housing initiative; in lutdin the`..r
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conveyance of Catty tax, foreclosure property render the Ordinance shall be made tai the
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Housing Department. A nonprofit organization shall Pad the City a $
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� � c�r � �d�b�� Application ��� r a� rg� t� requested. � � ��� � . � il d r
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the location and descri tin of the pr pert being r+nue,sted, the o°g��� �� �7
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development fans ( sec est�mated cost, and s les price):. for th6
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3. The Housing Department shall determine and ert f the Deli i ll���t.� of� onA�
organization to acquire City tax foreclosure property under this ordinance,.. Th6tieafler,_.
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the Housing �� artment.shall forward qualified a ppli.cat b r. to RPM. a�KK .�'"y �C m w'�. d„�•"„ A�„,' "� �.: ���a�," ��'k K.� �m �,°*�,„,���r
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4. RPM shall review the application to verify availability of property and
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applicable tax foreclosure cud en and market value of the rv� prt d det �� b
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ann � i a- r � a ba bey� aw",�i , °B
pw eligible � �
tra�n." err +fir` , l"xo'�slt� nonprofit organization �►r � � u'
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as defined in the Ordinance plus hosts and
the fa r market value property � � u pst" ,
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Provided, RPM a in extraordinary circumstances rearnnd a higher 1p :
but in no case shall the property b conveyed for less than the total of the W��t� and
expenses incurred on they property. The Tax Resale Deed Without Warranty-shall tno & w
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the following statement; `" '`his quit claim i made s b t t+ ,� d grantee � ���. ��
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the, night redemption � provided in, Sections 34,� �� and. 34.21 o�`the �"ex� �'�r .
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Tax Code,V.,T.CMA w VM
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5. RPM shall not*fy the Coed Enforcement Nv'sion of the City S rvic Dep,
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to hold in abeyance any scheduled demolition of structure on the subiect ro �
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6. RPM shall obtain City Council s nor approval of the errnv yance f'the p�����:���"
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and the terms f convey'an e
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The terms and definitions used in the
I procedure shall be e same as defined-in' �
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col procedure may a amended from. ti..m, t time RPM and... • � �,.,� ,� a..". y, „,,�
+�'■ �'� terms "EMI � �., � � t tl
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H U� t t � � ancv,with applicable laws and the anc
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Director,Engineering Liepartme Director, housing ent
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DATE RE'F RL cE NUMBER LOG NAME PAGE
7 "Gail'284
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THE A011 11N NVEYANC 0
FORECLOSURE PROPERTY TO QUALIFIED NONPROFIT
G'A
LOW INCOME HO,SI,N
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The Safety an-' ,r�In Community u' re
ordinance on aril 141 1998. A copy of the procedure is attached for ditl nal"lnf rm h'{
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Council. CI staff have l' w ded other local taxing entities with � o the r� �� �considered their moments o eqestel the' m 6d "I0,
ordinance.
-wide program and corers all Council Districts.T
This s I
The Finance Director certifies that this,action will have i,,o material effect on City funds.
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ND7 UNT CENTE
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Submitted for City manaw's FU
Office by. (to)
AP:
PR 0.V.Libby Watson 61813 C I T
0 ginating Department ea
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Jerome Walker 7537 ror"
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of Additional 12formdos Contact.
7S �Jerome Walker
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TAX RESALE DEED
STATE OF TEXAS §
COUNTY OF TARRANT §
THAT the City of Fort Worth, a municipal corporation of Tarrant County, Texas,
Grantor, acting by and through , its duly authorized Assistant City Manager,
acting for the use and benefit of itself and the State of Texas, County of Tarr-ant, Fort Worth
Independent School District, County of Tarrant and Tarrant County Water Control &
Improvement District No.1, and Tarrant County Hospital District.- and Tarrant County Junior
College, and Tarrant County Education District, hereinafter referred to collectively as
"'GRANTOR"", for and in consideration of paid to it
by the receipt and sufficiency of
which is hereby acknowledged, does convey unto the said
all of its night,, title and interest acquired or held by
the Grantor in and to the following described real property situated in Tarrant County, Texas, to
Wit:
Property Description.
Said property having been acquired by Grantor and now being held by Grantor pursuant
to deed dated to Grantor herein, which deed was recorded in Volume
Page County Records, Tarrant Count
yj i exas, on
This Tax Resale Deed is made subject to, and Grantee acknowledges, the right of
redemption as provided in the Texas, Tax Code, V.T.C.A.
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 or any
improvements thereon.
Property AKA:
BY THE ACCEPTANCE, F THIS D E , GRANTEE TAKES AND ACC
THE P O T AS IS", ITH ALL FAULTS, IF ANY. GRANTEE
ACKNOWLEDGES THAT THE PROPERTY C ITION IS A MATERIAL PAIN OF
THE CONSIDERATION FOR THE PURCHASE. GRANT HAS HAD A
OPPORTUNITY TO INSPECT THE PROPERTY. GRANTORS H E NOT MADE
AND DO NOT MAKE ANY REPRESENTATIONS, AS T THE PHYSICAL
CONDITION, FITNESS FOR INTENDED USE, LAYOUT,, ZONING,.
MIERCHANTABILITY, OR ANY OTHER MATTER AFFECTING THE PROPERTY;
G NTEE XPRESS Y ACKNOWLEDGES, THAT NO SUCH REPRESENTATIONS
HAVE BEEN MADE., GRANTORS HAVE NOT MADE, DO NOT MAKE, AND
SPECIFICALLY DISCLAIM M ANY REPRESENTATIONS REGARDING
COMPLIANCE WITH ANY ENVIRONMENTAL POLLUTION, OR LAND USE
RULES,REGULATIONS OIL REQUIREMENTS.
Grantor expressly disclaims, and Grantee acknowledges, and accepts, that Grantor has
disclaimed, any and all express or implied representations, warranties, or guaranties, of any
bind, that might arise by common law as well as the warranties in the Texas Property Code,
concerning the property and improvements, thereon, including without limitation the value,
condition, merchantability, habitability, mark to iiity, profitability, or fitness for a particular
use or purpose, of the property and any improvements ements thereon, (2) the manner or quality of the
construction or materials incorporated into any such improvements, and repair, quality, stag of
repair or lack of repair of any such improvements,
This Tax Resale Deed is expressly made and accepted by Grantee subject to any and all
restrictions, existing easements, iights_o `-wa.y, and prescriptive rights, whether of record or not,
all presently recorded and validly existing, instruments, covenants, conditions, zoning laws,
regulations, ordinances of municipal and other governmental authorities, and reservations,
including, but not limited i.ted to, minerals pre i us y reserved or conveyed, i ' an.y, relating to the
property, but only to the extent that they are still in effect.
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Property A :
2
TO HAVE AND TO HOLD all f its right, titre and interest in and to the above
described premises, together with, all, and singular, the rights and appurtenances thereto in any
manner belonging unto _ . and assigns, forever, s that neither Grantor
nor its successors and assigns, nor any person or persons, claiming un+der it, shall at any time
hereafter have, claim, or demand any right, title or interest to the aforesaid property, premises or
appurtenances, or any part thereof.
When the context requires, singular nouns, and pronouns include the plural.
I WITNESS WH EREOF', this, instrument is exe,c ted on the day of
2002.
CITY OF FORT WORTH
B
Assistant City Manager
Grantee's Address,
APPROVED AS TO FORM AND LEGALITY:
By-
Cynthia Garcia, Assistant City Attorney
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STATE OFTEXAS
COUNTY OF T RANT
BEFORE ME, the undersigned authority, on his day personally appeared
, known to me to 'be the person and officer whose name is subscribed
to the foregoing instrument, and acknowledged to me that he/she executed the same as the act.
a nd deed of the City of For Worth, a municipal corporation of Tarrant County, Texas, for the
purpose and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thi,s day of
2002.
Notary Public In and for the State of Texas
Property A
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