HomeMy WebLinkAboutContract 61216CSC No. 61216
CONTRACT OF SALE AND PURCHASE
THIS CONTRACT OF SALE AND PURCHASE ("Contract") is made and entered into by and
between the CITY OF FORT WORTH, TEXAS ("Purchaser"), a home rule Municipal Corporation of
the State of Texas, acting by and through its duly authorized Assistant City Manager, and Dana Lavon
Pondt ("Seller") as of the date on which this Contract is executed by the last to sign of Seller and
Purchaser ("Effective Date").
AGREEMENT
In consideration of the mutual covenants in this Contract, Seller and Purchaser agree as follows:
Section 1. Sale and Purchase.
(a) Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase and accept
from Seller, on and subject to the terms and conditions set forth in this Contract, approximately 0.1783
acres known as Lot 11, Block 35, Sabine Place No. 6, an Addition to the City of Fort Worth, Tarrant
County, Texas according the plat thereof recorded in Volume 388-10, Page 16, Plat Records, Tarrant
County, Texas, Texas (Tarrant Appraisal District Account No. 02634368) (the "Land"), together with
(i) all buildings, fixtures, structures and improvements thereon; (ii) any strips or gores between the Land
and all abutting properties; (iii) all roads, alleys, rights -of -way, easements, streets and ways adjacent to
or serving the Land and rights of ingress and egress thereto, whether surface, subsurface or otherwise;
(iv) any land lying in the bed of any street, road or access way, opened or proposed, in front of, at a
side of or adjoining the Land, to the centerline of such street, road or access way; (v) all of Seller's rights,
titles and interest, if any, in and to all water rights or any kind or character pertaining to the Land; and
(vi) all licenses, interests, and rights appurtenant to the Land. The Land and Items (i)-(vi) are
collectively referred to as the "Property."
(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 and the Survey (hereinafter defined) that are not cured and that are subsequently waived
pursuant to Section 3 ("Permitted Encumbrances").
(c) Notwithstanding anything to the contrary, Seller hereby retains and reserves from this
conveyance (and the Property does not include) for itself, and its successors and assigns, any and all
interest in any and all oil, gas and other minerals in, on, or under the Land; provided, however, Seller '
hereby waives and relinquishes access to any use of the surface of the Property.
(d) Depending on eligibility, Purchaser shall offer relocation assistance to Seller and/or
tenants of the Property in accordance with the City of Fort Worth Relocation Assistance Rules.
Section 2. Earnest Money and Purchase Price.
(a) Within ten (10) calendar days after the Effective Date, Purchaser must deliver to the
Title Company's escrow agent an Earnest Money deposit of One Thousand Seven Hundred.and Fifty
Dollars and 00/100 ($1,750.00) in cash funds (the "Earnest Money"); however, upon Closing (as
hereinafter defined), the Earnest Money shall be applied as a credit toward the Purchase Price (as
hereinafter defined). All Earnest Money will be (i) refunded to Purchaser if Purchaser terminates the
Contract prior to expiration of the Contract's Option Period or (ii) forfeited to Seller if Purchaser does
not terminate but defaults in its obligation to close.
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
(b) The purchase price ("Purchase Price") for the Property, payable by Purchaser to Seller
at Closing, is One Hundred and Seventy -Five Thousand Dollars and 00/100 ($175,000.00).
Section 3. Title Commitment and Survev.
(a) Within ten (10) calendar days after the Effective Date, Seller shall obtain, at Seller's
sole cost and expense, a Commitment for Title Insurance ("Title Commitment") from Alamo Title,
2900 South Hulen, Fort Worth, TX 76109, Attention, Lavonne Keith (the "Title Company"). The
Title Commitment shall be effective as of a date which is on or after the Effective Date, showing
Seller as the record title owner of the Land, and shall show all Encumbrances and other matters, if any,
relating to the Property. The Title Company shall also deliver to Buyer, contemporaneously with the
Title Commitment, legible copies of all documents referred to in the Title Commitment, including but
not limited to, plats, reservations, restrictions, and easements.
(b) Purchaser may obtain a survey of the Property ("Survey") at Purchaser's sole cost
and expense. The Survey shall consist of a plat and field notes describing the Property, prepared pursuant
to a current on -the -ground staked survey performed by a registered public surveyor or engineer
satisfactory to Purchaser and Title Company. The Survey shall (i) be certified to Purchaser, its successors
and assigns, and Title Company, (ii) reflect the actual dimensions of and the total number of square
feet within the Property net of any portion thereof lying within a publicly dedicated roadway, (iii)
identify any rights -of -way, easements, or other Encumbrances by reference to applicable recording d ata,
and (iv) include the Surveyor's registered number and seal and the date of the Survey. The description
of the Property prepared as a part of the Survey will be used in all of the documents set forth in this
Contract that require a legal description of the Property.
(c) Purchaser shall have a period of time ("Title Review Period") commencing on the
Effective Date and ending 30 calendar days after the later to occur of (i) Purchaser's receipt of the Title
Commitment or (ii) Purchaser's receipt of the Survey, in which to notify Seller in writing of any
objections ("Objections") Purchaser has to any matters shown on the Title Commitment or the Survey.
Purchaser will provide written notice of its Objections to Seller with a copy to the Title Company on
or before the expiration of the current Title Review Period.
(d) Seller shall have the option, but not the obligation, to remedy or remove all Obj ections
(or agree irrevocably in writing to remedy or remove all such Objections at or prior to Closing) during
the period of time (the "Cure Period") ending on the tenth business day after Seller's receipt of
Purchaser' s notice of such Objections. Except to the extent that Seller cures, or agrees in writing to
cure, such Objections during the Cure Period, Seller shall be deemed to have elected not to cure such
matters. If Seller is, or is deemed to be, unable or unwilling to remedy or cause the removal of any
Objections (or agree irrevocably to do so at or prior to Closing) within the Cure Period, then either (i)
this Agreement may be terminated in its entirety by Purchaser by giving Seller written notice to such
effect during the period of time (the "Termination Period") ending on the fifth business day following
the end of the Cure Period, and the parties shall be released of further obligations under this Agreement;
or (ii) any such Objections may be waived by or on behalf of Purchaser, with Purchaser to be deemed
to have waived such Objections if notice of termination is not given within the Termination Period.
Any title encumbrances or exceptions which are set forth in the Title Commitment or the Survey and
to which Purchaser does not object within Title Review Period (or which are thereafter waived or
deemed to be waived by Purchaser) shall be deemed to be permitted exceptions (the "Permitted
Exceptions") to the status of Seller's title to the Property.
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(e) Any other provision herein to the contrary notwithstanding, (i) all exceptions disclosed in
the Title Commitment (or any subsequent commitment) which arise on or after the Effective Date of
this Agreement and are not attributable to actions by Purchaser, and which may be cured by the payment
of money, and (ii) all Objections that Seller agrees in writing to cure at or prior to Closing (collectively,
the "Mandatory Cure Items") shall be satisfied, cured or removed by Seller, at Seller's sole cost and
expense, at or prior to Closing.
Section 4. Due Diligence Documents. Within five (5) calendar days after the Effective Date, Seller
shall deliver to Purchaser for Purchaser's review (i) any and all tests, studies and investigations relating
to the Property, including, without limitation, any soil tests, engineering reports or studies, and any Phase
I or other environmental audits, reports or studies of the Property; (ii) any and all information regarding
condemnation notice(s), proceedings and awards affecting the Property; (iii) any existing surveys of the
Property (the "Due Diligence Material").
Section 5. Tests. Purchaser, at Purchaser's sole cost and risk, shall have the right to go on to the
Property to make inspections, surveys, test borings, soil analysis, and other tests, studies and surveys,
including without limitation, environmental and engineering tests, borings, analysis, and studies
("Tests"). Any Tests shall be conducted at Purchaser's sole expense. At the conclusion of the Tests,
Purchaser shall repair any damage caused to the Property by Purchaser or its agents, employees,
representatives, consultants or contractors in connection with Purchaser's Tests and the Property will be
restored by Purchaser, at Purchaser's sole expense, to at least a similar condition as before the Tests
were conducted. Purchaser shall keep the Property free and clear of any liens for any such Tests. In the
event this transaction does not close for any reason whatsoever, the Purchaser shall release to Seller any
and all independent studies or results of Tests obtained during the Option Period (as defined below).
Section 6. Option Period.
(a) Notwithstanding anything to the contrary contained in this Contract, until 90 (ninety)
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 limitation, Purchaser being
satisfied with the results of the Tests (defined in Section 5 above).
(b) If Purchaser is not satisfied in Purchaser's sole and absolute discretion as to the condition
precedent described in Section 6(a) above, Purchaser may give written notice thereof to Seller on or
before the end of the Option Period, whereupon this Contract shall terminate. Upon such termination,
the Contract will terminate, and neither party shall have any further rights or obligations under this
Contract.
(c) Upon written notice to Seller before the end of the Option Period, Purchaser shall have the
right to extend the Option Period for one (1) additional period of thirty (30) days.
(d) In the event that tenants occupy any portions of the Property, the Option Period shall be
automatically extended until the date that is ten (10) days from Purchaser's receipt of Seller's written
notice to Purchaser that the Property is entirely vacant and unoccupied.
(e) The provisions of this Section 6 control all other provisions of this Contract.
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Section 7. Closina Deadline. The closing ("Closing") of the sale of the Property by Seller to
Purchaser shall occur through the office of the Title Company on or before thirty-one (31) calendar days
after the expiration of the Option Period.
Section 8. Closini•
(a) At the Closing, all of the following shall occur, all of which are deemed concurrent
conditions:
(1) Seller shall deliver or cause to be delivered to Purchaser the following:
(i) A General Warranty Deed ("Deed"), in substantially the same form
attached hereto as Exhibit "A". fully executed and acknowledged by
Seller, conveying to Purchaser good and indefeasible fee simple title to
the Property subject only to the Permitted Encumbrances, but containing
a reservation of the mineral rights;
(ii) A Non -Foreign Person Affidavit, in form and substance reasonably
satisfactory to Purchaser, fully executed and acknowledged by Seller,
confirming that Seller is not a foreign person or entity within the
meaning of Section 1445 of the Internal Revenue Code of 1986, as
amended;
(iii) Evidence of authority to consummate the sale of the Property as is
contemplated in this Agreement or as Purchaser may reasonably
request; and
(iv) Any other instrument or document necessary for Title Company to issue
the Owner Policy in accordance with Section 8(a)(3) below.
(2) Purchaser, at Purchaser's sole cost and expense, shall deliver or cause to be
delivered to Seller through the Title Company federally wired funds or a certified or
cashier's check or such other means of funding acceptable to Seller, in an amount equal
to the Purchase Price, adjusted for closing costs and prorations.
(3) Title Company shall issue to Purchaser, at Purchaser's sole cost and expense,
an Owner Policy of Title Insurance ("Owner Policy") issued by Title Company in the
amount of the Purchase Price insuring that, after the completion of the Closing,
Purchaser is the owner of indefeasible fee simple title to the Property, subject only to the
Permitted Encumbrances, and the standard printed exceptions included in a Texas
Standard Form Owner Policy of Title Insurance; provided, however, the printed form
survey exception shall be limited to "shortages in area," the printed form exception
for restrictive covenants shall be deleted except for those restrictive covenants that
are Permitted Encumbrances, there shall be no exception for rights of parties in
possession, and the standard exception for taxes shall read: "Standby Fees and Taxes
for the year of Closing and subsequent years, and subsequent assessments for prior
years due to change in land usage or ownership";
(4) Seller and Purchaser shall each pay their respective attorneys' fees.
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(5) Purchaser shall pay all recording fees and any other closing costs as set forth
by the Title Company.
(b) Purchaser will qualify for exemption from ad valorem taxation for the Property, and no
ad valorem taxation shall accrue after the date of Closing. Therefore, any ad valorem taxes assessed
against the Property for the current year shall only be for the period of time the Property was owned by
Seller. As soon as the amount of taxes and assessments on the Property for the current year is known,
Seller shall pay any and all taxes and assessments applicable to the Property up to and including the
date of Closing. The provisions of this Section 8(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 and title encumbrances of every kind except those disclosed
in the Permitted Encumbrances.
Section 9. , Seller's Representations: Seller hereby represents and warrants to Purchaser, as of the
Effective Date and as of the Closing Date, except as otherwise disclosed in written notice from Seller to
Purchaser at or prior to Closing, that:
(a) Seller's Authority. This Contract has been duly authorized by requisite action and is
enforceable against Seller in accordance with its terms; neither the execution and
delivery of this Agreement nor the consummation of the sale provided for herein will
constitute a violation or breach by Seller of any provision of any agreement or other
instrument to which Seller is a party or to which Seller may be subject although not a
party, or will result in or constitute aviolation or breach of any judgment, order, writ,
junction or decree issued against or binding upon Seller or the Property;
(b) No Pending Proceedings. There is no action, suit, proceeding or claim affecting the
Property or any portion thereof, or affecting Seller and relating to the ownership,
operation, use or occupancy of the Property, pending or being prosecuted in any court
or by or before any federal, state, county or municipal department, commission,
board, bureau, or agency or other governmental entity and no such action, suit,
proceeding or claim is threatened or asserted;
(c) Seller is Not a Foreign Person. Seller is not a foreign person or entity as defined
in Section 1445 of the Internal Revenue Code of 1986, as amended, and Purchaser is
not obligated to withhold any portion of the Sales Price for the benefit of the Internal
Revenue Service;
(d) No Insolvency Proceedings. No attachment, execution, assignment for the benefit
of creditors, receivership, conservatorship or voluntary or involuntary proceedings in
bankruptcy or pursuant to any other debtor relief laws is contemplated or has been filed
by or against Seller or the Property, nor is any such action pending by or against Seller
or the Property;
(e) Contract Obligations. Except as otherwise disclosed in the Title Commitment, no
lease, contract or agreement exists relating to the Property or any portion thereof
which is not terminable at will or upon not more than 30 days' prior notice except
tenant leases;
(f) No Competing Rights. No person, firm or entity, other than Purchaser, has any right
to purchase, lease or otherwise acquire or possess the Property or any partthereof;
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(g) No Regulatory Violations. Seller has not received written notice that the Property is
in breach of any law, ordinance or regulation, or any order of any court or any
federal, state, municipal or other governmental department, commission, board,
bureau, agency or instrumentality wherever located, including, without limitation,
those relating to environmental matters and hazardous waste, and no claim, action,
suit or proceeding is pending, nor has Seller received written notice of any additional
inquiry or investigation, threatened against or affecting Seller or affecting the
Property, at law or in equity, or before or by any federal, state, municipal or other
governmental department, commission, board, bureau, agency or entity wherever
located, with respect to the Property or the Seller's present use and operation of the
Property; and
(h) No Hazardous Materials. To Seller's actual knowledge, without inquiry or
investigation: (i) all required federal, state and local permits concerning or related to
environmental protection and regulation for the Property have been secured and are
current; (ii) Seller is and has been in full compliance with such environmental
permits and other requirements regarding environmental protection under applicable
federal, state or local laws, regulations or ordinances; (iii) there is no pending action
against Seller under any environmental law, regulation or ordinance and Seller has not
received written notice of any such action or possible action; (iv) there is not now,
nor has there been in the past, any release of hazardous substances on, over, at, from,
into or onto any facility at the Property, as such terms are understood under the
Comprehensive Environmental Response, Compensation and Liability Act; and (v)
Seller does not have actual knowledge of any environmental condition, situation or
incident on, at or concerning the Property that could reasonably be expected to give
rise to an action or to liability under any law, rule, ordinance or common law theory
governing environmental protection.
Seller acknowledges that Purchaser has relied and will rely on the representations and warranties of Seller
in executing this Agreement and in closing the purchase and sale of the Property pursuant to this
Agreement, and Seller, during the term of this Agreement, agrees to notify Purchaser promptly in the
event that Seller obtains knowledge of any change affecting any of such representations and warranties,
in which event Purchaser shall be entitled to exercise the remedies set forth in Section 14 hereof. Until
and unless Seller's warranties and representations shall have been qualified and modified as
appropriate by any such additional information provided by Seller to Purchaser, Purchaser shall
continue to be entitled to rely on Seller's representations and warranties set forth in this Agreement,
notwithstanding any contrary information resulting from any inspection or investigation made by or on
behalf of Purchaser. All of Seller's representations and warranties, as so qualified and modified,
shall survive Closing.
Section 10. Seller's Covenants.
(a) Updating of Information. Seller acknowledges that Purchaser will rely upon the Due
Diligence documents delivered by Seller and other materials delivered by Seller to
Purchaser hereunder to satisfy itself with respect to the condition and operation of the
Property, and Seller agrees that, if Seller discovers that the information contained in any
of the materials delivered to Purchaser hereunder is inaccurate or misleading in any respect,
then Seller shall promptly notify Purchaser of such changes and supplement such materials.
(b) Prohibited Activities. During the term of this Agreement, Seller shall not, without the prior
written consent of Purchaser, which consent Purchaser shall have no obligation to grant and
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which consent, if granted, may be conditioned in such manner as Purchaser shall deem
appropriate in the sole discretion of Purchaser: (i) grant any licenses, leases (written or
verbal), easements or other uses affecting any portions of the Property; (ii) permit any
mechanic's or materialman's lien to attach to any portion of the Property; (iii) place or
permit to be placed on, or remove or permit to be removed from, the Property any trees,
buildings, structures or other improvements of any kind; or (iv) excavate or permit the
excavation of the Property or any portion thereof.
(c) Cooperation in Permitting Activities. During the term of this Agreement, Seller will
cooperate with Purchaser in such manner and at such times as Purchaser may request in
obtaining subdivision, zoning or rezoning, site plan development, building permit and other
approvals required for Purchaser's proposed use, including without limitation, signing such
applications for such approvals and other instruments as may be required or authorizing
Purchaser to sign such applications or instruments as Seller's agent or both. Purchaser shall
bear the costs and expenses of obtaining all such approvals, including reasonable
attorneys' fees that Seller may incur in connection with reviewing such applications and
instruments.
Section 11. Agents Seller and Purchaser each represent and warrant to the other that it has not
engaged the services of any agent, broker, or other similar party in connection with this transaction.
Section 12. Closine Documents. No later three (3) business days prior to the Closing, Seller shall
deliver to Purchaser copies of the closing documents (including but not limited to the Deed) for
Purchaser's reasonable right of approval.
Section 13. Notices.
(a) Any notice under this Contract shall be in writing and shall be deemed to have
been served if (i) delivered in person to the address set forth below for the party to whom the notice is
given, (ii) delivered in person at the Closing (if that party is present at the Closing), (iii) placed in the
United States mail, return receipt requested, addressed to such party at the address specified below, or
(iv) deposited into the custody of Federal Express Corporation to be sent by Fed Ex Overnight Delivery
or other reputable overnight carrier for next day delivery, addressed to the party at the address specified
below.
(b) The address of Purchaser under this Contract is:
City of Fort Worth
Property Management Department
200 Texas Street
Fort Worth, Texas 76102
Attn: Dickson Robin
Telephone: 817-392-2574
With a copy to:
Matthew A. Murray
City Attorney's Office
200 Texas Street
Fort Worth, Texas 76102
Telephone 817-392-7600
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(c) The address of Seller under this Contract is:
Dana Lavon Pondt
11 Hemingsford Court
Arlington, Tarrant County, Texas 76016
With a copy to:
A From time to time either party may designate another address or fax number under this
Contract by giving the other party advance written notice of the change.
Section 14. 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, and
receive the Earnest Money as full liquidated damages (and not as a penalty) for Purchaser's failure to
consummate the purchase, whereupon neither party hereto shall have any further rights or obligations
hereunder.
(b) If (1) Seller fails or refuses to timely consummate the sale of the Property pursuant to
this Contract at Closing, (2) at the Closing any of Seller's representations, warranties or covenants
contained herein is not true or has been breached or modified, or (3) Seller 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:
(i) terminate this Contract by giving written notice thereof to Seller prior to or at the
Closing and neither party hereto shall have any further rights or obligations
hereunder;
(ii) waive, prior to or at the Closing, the applicable objection or condition and
proceed to close the transaction contemplated hereby in accordance with the
remaining terms hereof; or
(iii) enforce specific performance of Seller's obligations under this Agreement.
Section 15. Survival of Oblieations. To the extent necessary to carry out the terms and provisions
hereof, the terms, conditions, warranties, representations, obligations and rights set forth herein shall not
be deemed terminated at the time of the Closing, nor shall they merge into the various documents
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Dana Lavon Pondt
executed and delivered at the time of the Closing. All representations and warranties by Seller in this
Agreement shall survive Closing for a period of six (6) months after Closing (the "Survival Period").
Unless Purchaser discovers the breach of any such representation or warranty on a date (the "Discovery
Date") prior to the end of the Survival Period and gives Seller written notice (the "Breach Notice") of
the breach within thirty (30) days after the Discovery Date, no alleged breach of any such representation
or warranty may form the basis of an action by Purchaser against Seller for breach of any such
representation or warranty. Any such action must be brought within three (3) months after the Discovery
Date, provided that a Breach Notice has been timely given in accordance with the immediately preceding
sentence.
Section 16. 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 17. Assigns. This Contract inures to the benefit of and is binding on the parties and their
respective legal representatives, successors, and assigns. Neither party may assign its interest under this
Contract without the prior written consent of the other party.
Section 18. Takine Prior to Closine. If, prior to Closing, the Property or any portion thereof becomes
subject to a taking by virtue of eminent domain, Purchaser may, in Purchaser's sole discretion, either (i)
terminate this Contract and neither party shall have any further rights or obligations hereunder, or (ii)
proceed with the Closing of the transaction with an adjustment in the Purchase Price to reflect the net
square footage of the Property after the taking.
Section 19. Governine Law. This Contract shall be governed by and construed in accordance with
the laws of the State of Texas.
Section 20. Performance of Contract. The obligations under the terms of the Contract are
performable in Tarrant County, Texas, and any and all payments under the termsof the Contract are to
be made in Tarrant County, Texas.
Section 21. Venue. Venue of any action brought under this Contract shall be in Tarrant County,
Texas if venue is legally proper in that County.
Section 22. Severability; Execution. 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. A signature sent on this Contract by facsimile or PDF/e-
mail shall constitute an original signature for all purposes.
Section 23. Business Days/Effective Date. If the Closing or the day for performance of any act
required under this Contract falls on a Saturday, Sunday, or legal holiday, then the Closing or the day for
such performance, as the case may be, shall be the next following regular business day.
Section 24. Counterparts. This Contract may be executed in multiple counterparts, each of which
will be deemed an original, but which together will constitute one instrument.
Section 25. Terminoloev. The captions beside the section numbers of this Contract are for reference
only and do not modify or affect this Contract in any manner. Wherever required by the context, any
gender includes any other gender, the singular includes the plural, and the plural includes the singular.
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Section 26. Construction. The parties acknowledge that each party and its counsel have reviewed
and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to
be resolved against the drafting party is not to be employed in the interpretation of this Contract or any
amendments or exhibits to it.
Section 27. Attornev's Fees. If any action at law or in equity is necessary to enforce or interpret the
terms of this Contract, the prevailing party or parties are entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which such party or parties may be entitled.
Section 28. City Council ADDroval. Notwithstanding anything herein to the contrary, Seller hereby
acknowledges and agrees that the Purchaser's execution of this Contract, its representations and
warranties under this Contract, Purchaser's willingness and agreement to purchase the Property, and to
consummate the transactions contemplated under this Contract are expressly subject to and contingent
upon the approval of the Fort Worth City Council in a public meeting ("City Council Approval").
Purchaser expects that City Council Approval shall occur within the Option Period.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
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Dana Lavon Pondt
This Contract is EXECUTED as of the Effective Date.
SELLER:
DANA LAVON PONDT
By: &LaMPI� P!ndAtV"- ana
von
Date: *,al -1 20 2N
PURCHASER:
CITY OF FORT WORTH, TEXAS
T a'.� 8 ` By: Dana Burghdof (Apr , l0 CDT)
Dana Burghdoff, Assistant City Manager
Date: Apr 2, 2024
p�OF FOHj�aoa
ATTEST:
se o=
V aaaa4¢EX6 640 0
7annette S. Goodall
City Secretary
M&C:
Date: Apr2,2024
APPROVED AS TO LEGALITY AND FORM:
,i���ecw ✓�L22?/
Matthew A. Murray
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the onit )ring and administration of this contract, including
ensuri 1 perfo tnc nd reporting requirements.
DiAn, Senior Land Agent
Property Management Department — Real Estate Division
Contract of Sale and Purchase
Dana Lavon Pondt
Page -11-of18
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
By its execution below, Title Company agrees to perform its other duties pursuant to the provisions of
this Contract.
TITLE COMPANY: Alamo Title
M
Name:
Title:
Date:
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Dana Lavon Pondt
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
GENERAL WARRANTY DEED
Date:
Grantor: DANA LAVON PONDT
Grantor's Mailing Address (including County):
11 HEMINGSFORD COURT
ARLINGTON, TARRANT COUNTY, TEXAS 76016
Grantee: THE CITY OF FORT WORTH, TEXAS, A MUNICIPAL CORPORATION
Grantee's Mailing Address (including County):
200 TEXAS STREET
FORT WORTH, TARRANT COUNTY, TEXAS 76102
Consideration: TEN AND NO/100--- ($10.00) --- DOLLARS and other good and valuable consideration,
the receipt of which is hereby acknowledged and confessed
Property (including any improvements):
BEING A TRACT OF LAND SITUATED IN TARRANT COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF FOR ALL PURPOSES.
Reservations from Conveyance:
A. THIS CONVEYANCE IS MADE SUBJECT TO AND THERE IS EXCEPTED HEREFROM,
ALL OIL, GAS AND OTHER MINERALS AND ROYALTIES HERETOFORE RESERVED OR
CONVEYED TO OTHERS AND GRANTOR HEREBY EXCEPTS AND RESERVES UNTO
GRANTOR, GRANTOR'S HEIRS SUCCESSORS AND ASSIGNS FOREVER, ALL
REMAINING OIL, GAS AND OTHER MINERALS IN AND UNDER AND THAT MAY BE
PRODUCED FROM THE PROPERTY DESCRIBED HEREIN. IF THE MINERAL ESTATE IS
SUBJECT TO EXISTING PRODUCTION OR AN EXISTING LEASE, THIS RESERVATION
INCLUDES THE PRODUCTION, THE LEASE AND ALL BENEFITS FROM IT.
GRANTOR DOES HEREBY EXPRESSLY RELEASE AND WAIVE, ON BEHALF OF THE
GRANTOR AND THE GRANTOR'S HEIRS, SUCCESSORS, AND ASSIGNS, ALL RIGHTS
General Warranty Deed Page -13 - of 18
Dana Lavon Pondt to the City of Fort Worth
OF INGRESS AND EGRESS, AND ANY AND ALL OTHER RIGHTS OF EVERY KIND AND
CHARACTER WHATSOEVER, TO ENTER UPON AND USE ANY PART OF THE SURFACE
OF THE PROPERTY FOR ANY PURPOSE INCIDENT TO EXPLORING FOR, DEVELOPING,
DRILLING FOR, PRODUCING, TRANSPORTING, MINING, TREATING, OR STORING THE
OIL, GAS AND OTHER MINERALS IN, ON, AND UNDER THE SUBJECT PROPERTY.
B. NOTHING HEREIN CONTAINED SHALL EVER BE CONSTRUED TO PREVENT THE
GRANTOR, OR THE GRANTOR'S HEIRS, SUCCESSORS, OR ASSIGNS, FROM
DEVELOPING OR PRODUCING THE OIL, GAS AND OTHER MINERALS IN AND UNDER
THE PROPERTY BY POOLING OR BY DIRECTIONAL DRILLING UNDER THE
PROPERTY FROM WELL SITES LOCATED ON TRACTS OUTSIDE THE PROPERTY.
Exceptions to Conveyance and Warranty:
This conveyance is expressly made by Grantor and accepted by Grantee subject to the permitted
encumbrances on the attached Exhibit "B," attached hereto and incorporated herein for all purposes.
Grantor, for the consideration expressed herein and subject only to the Reservations from
Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the
Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and
Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and
Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim
the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty,
This document may be executed in multiple counterparts, each of which will be deemed an original,
but which together will constitute one instrument. When the context requires, singular nouns and pronouns
include the plural.
[signature page follows]
General Warranty Deed Page - 14 - of 18
Dana Lavon Pondt to the City of Fort Worth
Csi 7:\►111C�]:ice �7\�/� 1_I\�[�]�� Z�7�1�11
Un
Dana Lavon Pondt
Date:
NOTICE: This document affects your legal rights. Read it carefully before signing.
(Acknowledgment)
THE STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on by Dana Lavon Pondt.
[SEAL]
General Warranty Deed
Dana Lavon Pondt to the City of Fort Worth
Notary Public
My commission expires:
Page -15-of18
ACCEPTED AND AGREED TO:
CITY OF FORT WORTH
Dana Burghdoff,
Assistant City Manager
I:199:Z1]V/INIX.%V to] 01;7uF,I\I7Q00QY&Is
Y
Matthew A. Murray
Assistant City Attorney
M&C: 24-0207
Date: March 19, 2024
(Acknowledgment)
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Dana Burghdoff,
Assistant City Manager for the City of Fort Worth, known to me to be the person and officer whose name
is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as the act
and deed and on behalf of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2024.
Notary Public
[SEAL]
AFTER RECORDING RETURN TO:
CITY OF FORT WORTH, A MUNICIPAL CORPORATION
c/o PROPERTY MANAGEMENT DEPARTMENT
200 TEXAS STREET
FORT WORTH, TEXAS 76102
General Warranty Deed Page - 16 - of 18
Dana Lavon Pondt to the City of Fort Worth
EXHIBIT "A"
THE PROPERTY
Lot 11, Block 35, Sabine Place No. 6, an Addition to the City of Fort Worth, Tarrant County, Texas
according the plat thereof recorded in Volume 388-10, Page 16, Plat Records, Tarrant County, Texas,
Texas (Tarrant Appraisal District Account No. 02634368)
General Warranty Deed Page - 17 - of 18
Dana Lavon Pondt to the City of Fort Worth
EXHIBIT "B"
PERMITTED ENCUMBRANCES
1. The following, all according to the Plat recorded in Volume 388-10, Page 16, Plat Records,
Tarrant County, Texas:
(a) 25-foot building line;
(b) 5-foot utility easement.
2. Easement and rights incidental thereto, as granted in a document:
Granted to: The Illinois Pipe Line Company
Purpose: As provided in said document
Recording Date: July 1, 1932
Recording No: Volume 1166, Page 276, Real Property Records, Tarrant
County, Texas, as affected by Agreement dated June 24, 1981, executed by and
between A.M. Leal and wife, America Leal and The Permian Corporation, filed
July 14, 1981, recorded in Volume 7151, Page 604, Real Property Records,
Tarrant County, Texas
3. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, dated
January 15, 2007, by and between Richard Humphries, as Lessor, and Keystone Exploration, Ltd.,
a Texas limited partnership, as Lessee, filed February 6, 2007, recorded under Clerk's File No.
D207043139, Real Property Records, Tarrant County, Texas
General Warranty Deed Page - 18 - of 18
Dana Lavon Pondt to the City of Fort Worth
ALTA SURVEY
Scale: 9" = 20 '
Being all of Lot 11, Block 35, of the Sabine Place No. 6 Addition,
/g �Rp an Addition to the City of Fort Worth, in
r)IS77IRBED Tarrant County, Texas, recorded in Volume 388-10, Page 16, •
in the Plat Records of Tarrant County, Texas
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I
SURVEYOR'S CERTIFICATE
I
CONTROLLING MONUMENT
MONUMENT FOUND OR SET AS NOTED
WATER METER
IRRIGATION CONTROL VALVE
POWER POLE
ELEC. JUNCTION BOX
ELEC. METER
AIR CONDITIONER
STORM MANHOLE
SIGN
GAS METER
CLEANOUT
WASTEWATER MANHOLE
DEED RECORDS TARRANT COUNTY TEXAS
PLAT RECORDS TARRANT COUNTY TEXAS
INSTRUMENT NUMBER
Notes:
1. Bearings are based on the Texas State
Plane Coordinate System, North Central Zone,
North American Da um of 1983 (2011 adjustment)
TO: City of Fort Worth, and its successors and assigns
This is to certify that this Map or Plat and the Survey on which it is based were
made in accordance with the 'MINIMUM STANDARD DETAIL RESO EMENTS
FOR ALTA/NSPS LAND TITLE SURVEYS", effective February 23, 2021, jointly
established and adopted by ALTA and NSPS, and includes items 2, 3, 4, 8,
14, 16 of Table A thereof
EXECUTED this 21 st day of March, 2024
r'�e``ei1�f�Fo
............ .........::...
pATRICK J. BALMSAM
Patrick J. ldasaro • ..........................:..
Register rofessional Land 5504 �:`
Surveyyor o.5504 14,0 s�o�p
200 W. Belmont Dr., Suite D ,No suit����
Allen, TX 75013
2. Survey was prepared without the benefit of Title Commitment.
3. The subject property lies in Zone "AE", shaded and striped,
an area where the floodway is the channel of a stream lus
any ad9'eacent floodplain areas that must be kept free o,
encroachment so that the 1% annual chance flood can be carried
without substantial increases in flood heights according to
FEMA Map No. 48439CO180L, dated March 2ISt 2019.
4. 70.0' to nearest intersectina street (Terminal Rd.)
City of Fort Worth
o rth Fort
Texas Street
` I r �/ �/ Fort Worth, Texas
Legislation Details
File #:
M&C 24-0207 Version: 1 Name:
Type:
Land Consent Status: Passed
File created:
3/13/2024 In control: CITY COUNCIL
On agenda:
3/19/2024 Final action: 3/19/2024
Title:
(CD 2) Authorize Acquisition of a Fee Simple Interest in 0.1783 Acres from Improved Property Owned
by Dana L. Pondt Located at 4104 Weber Street, Fort Worth, Tarrant County, Texas 76106 in the
Amount of $175,000.00, Pay Estimated Closing Costs in an Amount Up to $5,000.00 for a Total Cost
of $180,000.00, and Authorize Eligible Payments for Tenant Relocation in an Amount Up to
$28,140.00 and Eligible Tenant Moving Expenses in an Amount Up to $3,000.00 for the Lebow
Channel Flood Mitigation Project
Sponsors:
Indexes:
Code sections:
Attachments:
1. M&C 24-0207, 2. 4104 Weber St Map.pdf, 3. 21 CPN 103069_CouncilMap_1 WORD.pdf, 4. South
Lot.pdf
Date
Ver. Action By Action Result
3/19/2024
1 CITY COUNCIL Approved
City of Fort Worth Page 1 of 1 Printed on 3/27/2024
powered by Legistar-
Alamo Title Company
R ft Alamo T i T L E 4217 Camp Bowie Blvd, 3rd Floor, Ft Worth, TX 76107
Phone: (817)370-7393 1 Fax: (817)370-6131
MASTER STATEMENT
Settlement Date:
March 18, 2024 Escrow Number: 6000182300722
Disbursement Date:
March 18, 2024 Escrow Officer: Lavonne Keith
Buyer:
City of Fort Worth
900 Monroe Street, Ste. 400
Fort Worth, TX 76102
Seller:
Dana Lavon Pondt
11 Hemingsford Ct.
Arlington, TX 76016
Property:
4104 Weber St.
Fort Worth, TX 76106
Lot(s): 11 Block: 35 Sabine Place Addition
SELLER
$ DEBITS $ CREDITS
BUYER
$ DEBITS $ CREDITS
FINANCIAL CONSIDERATION
175,000.00 Contract sales price 175,000.00
TITLE & ESCROW CHARGES
Settlement or closing fee to Alamo Title Company 675.00
Escrow Fee
Owner's title insurance to Texas Title Insurance 2.00
Guaranty Association
Owner's title insurance to Alamo Title Company 1,227.00
50.00 Document Preparation Fee to Newman & Lawler,
P. C.
Policies to be issued:
Owners Policy
Coverage: $175,000.00 Premium:
$1,227.00
Version: Owner's Policy of Title Insurance (T-1)
- 2014
GOVERNMENT CHARGES
Government recording charges to Alamo Title 39.00
Company
MISCELLANEOUS CHARGES
1,776.28 Property taxes 2nd half of 2023 to Tarrant County
Tax Assessor -Collector
2,795.46 Estimated 2024 tax prortion 1-1-24 to 3-18-24 to
Tarrant County Tax Assessor -Collector
4,621.74 175,000.00 Subtotals 176,943.00
Balance Due FROM Buyer 176,943.00
170,378.26 Balance Due TO Seller
175,000.00 175,000.00 TOTALS 176,943.00 176,943.00
APPROVED and ACCEPTED
Buyer and Seller understand the Closing or Escrow Agent has assembled this information representing the transaction from the
best information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender
involved may be furnished a copy of this Statement. Buyer and Seller understand that tax and insurance prorations and reserves
were based on figures for the preceding year or supplied by others or estimates for current year, and in the event of any change
for current year, all necessary adjustments must be made between Buyer and Seller direct. The undersigned hereby authorizes
Alamo Title Company to make expenditures and disbursements as shown and approves same for payment. The undersigned
also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement.
I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief, it is a true and accurate
statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have
received a copy of the Settlement Statement.
SELLER: BUYER:
Dana Lavon Pondt
City of Fort Worth
BY:
Dana Burghdoff
Assistant City Manager
Page 1 of 2 (6000182300722/29) March 19, 2024 04:05 PM
MASTER STATEMENT - Continued
To the best of my knowledge, the Settlement Statement which I have prepared is a true and accurate account of the funds which
were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction.
Alamo Title Company
Settlement Agent
Page 2 of 2 (6000182300722/29) March 19, 2024 04:05 PM
DELETION OF ARBITRATION PROVISION
(Not applicable to the Texas Residential Owner's Policy)
ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to
settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to
take the Title Insurance Company to court and your rights to discovery of evidence may be limited in the arbitration
process. In addition, you cannot usually appeal an arbitrator's award.
Your policy contains an arbitration provision (shown below). It allows you or the Company to require
arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the
Company in case of a dispute over a claim, you must request deletion of the arbitration provision before
the policy is issued. You can do this by signing this form and returning it to the Company at or before the
closing of your real estate transaction or by writing to the Company.
The arbitration provision in the Policy is as follows:
"Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration
pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as
provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a
policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All
arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Insured, unless the Insured is an individual person (as distinguished from an
Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only
when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules
shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in
any court of competent jurisdiction."
Signature
Date
FORM T-7: Commitment for Title Insurance
(Deletion of Arbitration Provision) (01/03/14)
NOTICE OF SETTLEMENT AGENT RESPONSIBILITY
Lavonne Keith, Escrow Officer Date: March 19, 2024
Alamo Title Company Escrow No.: 6000182300722
4217 Camp Bowie Blvd, 3rd Floor Seller(s): Dana Lavon Pondt
Ft Worth, TX 76107 Buyer(s): City of Fort Worth
Phone: (817)370-7393 Fax: (817)370-6131 Property: 4104 Weber St.
Fort Worth, TX 76106
The Foreign Investment in Real Property Tax Act (FIRPTA), Title 26 U.S.C., Section 1445, and the regulations
there under, provide in part, that a transferee (buyer) of a U.S. real property interest from a foreign person must
withhold a statutory percentage of the amount realized on the disposition, report the transaction and remit the
withholding to the Internal Revenue Service (IRS) within twenty (20) days after the transfer. Alamo Title Company
will not determine nor aid in the determination of whether the FIRPTA withholding provisions are applicable to the
subject transaction, nor act as a Qualified Substitute under state or federal law, nor furnish tax advice to any party
to the transaction. Alamo Title Company will not determine nor aid in the determination of whether the transaction
will qualify for an exception or an exemption and is not responsible for the filing of any tax forms with the IRS as
they relate to FIRPTA, nor responsible for collecting and holding of any documentation from the buyer or seller on
the buyer's behalf for the purpose of supporting a claim of an exception or exemption. Alamo Title Company is not
an agent for the buyer for the purposes of receiving and analyzing any evidence or documentation that the seller in
the subject transaction is a U.S. citizen or resident alien. Alamo Title Company is not responsible for the payment
of this tax and/or penalty and/or interest incurred in connection therewith and such taxes are not a matter covered
by the Owner's Policy of Title Insurance to be issued to the buyer. Alamo Title Company is not responsible for the
completion of any IRS documents or related forms related to the referenced statute. The buyer is advised: they
must independently make a determination of whether the contemplated transaction is subject to the withholding
requirement; bear full responsibility for compliance with the withholding requirement if applicable and/or for
payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction; and they
are responsible for the completion of any and all forms, including but not limited to applicable IRS documentation,
and the mailing of those forms. The Buyer is advised any forms, documents, or information received from Alamo
Title Company is not tax or legal advice and should not be construed as such nor treated as a complete
representation of FIRPTA requirements. Buyer should seek outside counsel from a qualified individual to
determine any and all implications of the referenced statute.
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.
PURCHASER(S):
City of Fort Worth
Dana Burghdoff
Assistant City Manager
Date
Notice of Settlement Agent Responsibility I W I tllaMOTITLE
SSTXD00237.doc
MWAlamOTITLE
Alamo Title Company
4217 Camp Bowie Blvd, 3rd Floor
Ft Worth, TX 76107
Phone (817)370-7393 * Fax (817)370-6131
Date: March 19, 2024
GF#: 6000182300722
Property Address: 4104 Weber St., Fort Worth, TX 76106
WIRING INSTRUCTIONS
REFERENCE: GF#:
6000182300722
Name:
City of Fort Worth
Attn:
Lavonne Keith
WIRE TO: Wells Fargo
ABA #: 121000248
CREDIT TO: Alamo Title Company
Escrow Account
Acct. #: 4125266544
FRAUD ALERT! PLEASE READ
THESE WIRE INSTRUCTIONS WILL NOT CHANGE
If you receive ANY communications attempting to change these instructions,
please immediately call your escrow officer at (817)370-7393.
Always verbally verify wire instructions with us before initiating a wire transfer.
PLEASE BE ADVISED THAT WE WILL ACCEPT ONLY WIRE TRANSFERS.
WE CANNOT ACCEPT ACH DEPOSITS, PHONE FUNDS TRANSFERS OR
OTHER TYPES OF ELECTRONIC PAYMENTS/CREDITS. THESE
INSTRUCTIONS ARE FOR THE PURPOSE OF SENDING WIRE TRANSFERS
ONLY.
Explanation: ACHS are typically created via online banking. While your bank may indicate you are sending a
"wire" if you are initiating this "wire" online, you are in fact creating an ACH. Please contact your Bank for their
wire process. NO ACHS, Electronic Payments/Credits or phone funds transfers will be accepted, and sending any
funds via ACH, Electronic Payment/Credits or phone funds transfers will result in a delay in funding.
These are the Wiring Instructions for this transaction, they will not change. In an effort to increase security,
should you receive any request to change these instructions, please call Lavonne Keith (Closer) at (817)370-7393.
WIRING INSTRUCTIONS I W I AMMOTITLE
TXFNFESC_Wiring Instructions.doc
COMMITMENT FOR TITLE INSURANCE (T-7)
Issued By: Commitment Number:
MW ' Alamo Title Insurance 6000182300722
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE
POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS
COUNTERSIGNED BELOW.
We (Alamo Title Insurance, a Texas corporation) will issue our title insurance policy or policies (the Policy) to You (the
proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in
Schedule C. Our Policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and
will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable
endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery
expenses.
This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the
Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this
Commitment expires.
Alamo Title Insurance
By:
Issued l
Alamo Title Company
Michael J. Nolan, President
,�P
Attest:
AX no --
Authors ed Signatory Marjorie Nemzura, Secretary
CONDITIONS AND STIPULATIONS
1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment that is
not shown in Schedule B you must notify us in writing. If you do not notify us in writing, our liability to you is ended or
reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we
may amend Schedule B, but we will not be relieved of liability already incurred.
2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our
liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements, or to
acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will
be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions.
Form T-7: Commitment for Title Insurance (01/03/14) TX--SPS-1-24-6000182300722
ALAMO TITLE INSURANCE
COMMITMENT NO.: 6000182300722
SCHEDULE A
Effective Date: March 6, 2024 at 8:00 AM
Commitment No.: 6000182300722
1. The policy or policies to be issued are:
a. OWNER'S POLICY OF TITLE INSURANCE (Form T-1)
(Not applicable for improved one -to -four family residential real estate)
Policy Amount: $175,000.00
PROPOSED INSURED: City of Fort Worth
b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
ONE -TO -FOUR FAMILY RESIDENCES (Form T-1R)
Policy Amount:
PROPOSED INSURED:
c. LOAN POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
GF No.: ATD-18-6000182300722
Issued: March 19, 2024 at 8:00 AM
d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
e. LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
f. OTHER
Policy Amount:
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is:
Fee Simple
3. Record title to the land on the Effective Date appears to be vested in:
Dana Lavon Pondt
4. Legal description of land:
Lot 11, Block 35, Sabine Place No. 6, an Addition to the City of Fort Worth, Tarrant County, Texas,
accoridng to the Plat thereof recorded in Volume 388-10, Page 16, Plat Records, Tarrant County, Texas.
END OF SCHEDULE A
Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182300722
ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182300722
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Commitment No.: 6000182300722 GF No.: ATD-18-6000182300722
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and
expenses resulting from:
4
The following restrictive covenants of record itemized below (We must either insert specific recording data or
delete this exception):
Volume 388-10, Page 16, Plat Records, Tarrant County, Texas
Omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion,
sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of
income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law.
Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
Homestead or community property or survivorship rights, if any of any spouse of any insured.
(Applies to the Owner Policy only.)
Any title or rights asserted by anyone, including, but not limited to, persons, the public, corporations,
governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes,
bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
C. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to
that area or easement along and across that area.
(Applies to the Owner Policy only.)
Standby fees, taxes and assessments by any taxing authority for the year 2024 and subsequent years; and
subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or
ownership; but not those taxes or assessments for prior years because of an exemption granted to a previous
owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a
previous tax years. (If Texas Short Form Residential Mortgagee Policy of Title Insurance (T-2R) is issued, that
policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year 2024
and subsequent years.")
The terms and conditions of the documents creating your interest in the land.
Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182300722
ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182300722
SCHEDULE B
EXCEPTIONS FROM COVERAGE
(continued)
7. Materials furnished or labor performed in connection with planned construction before signing and delivering the
lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the
Mortgagee Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is
furnished to us before a binder is issued.)
Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage.
(Applies to Mortgagee Policy (T-2) only.)
The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential
Mortgagee Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Mortgagee Policy of Title
Insurance (T-2R) only. Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form
Residential Mortgagee Policy of Title Insurance (T-2R).
10. The following matters and all terms of the documents creating or offering evidence of the matters (We must
insert matters or delete this exception):
a. Rights of parties in possession.
b. The following exception will appear in any policy issued (other than the T-1 R Residential Owner Policy of
Title Insurance and the T-2R Short -Form Residential Mortgagee Policy) if the Company is not provided a
survey of the Land, acceptable to the Company, for review at or prior to closing:
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that
would be disclosed by an accurate and complete land survey of the Land.
Note: Upon receipt of a survey acceptable to the Title Company, this exception will be deleted. The
Company reserves the right to except additional items and/or make additional requirements after
reviewing said survey.
Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182300722
ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182300722
SCHEDULE B
EXCEPTIONS FROM COVERAGE
(continued)
C. If any portion of the proposed loan and/or the Owner's Title Policy coverage amount includes funds for
immediately contemplated improvements, the following exceptions will appear in Schedule B of any
policy issued as indicated:
Owner and Loan Policy(ies): Any and all liens arising by reason of unpaid bills or claims for work
performed or materials furnished in connection with improvements placed, or to be placed, upon the
subject land. However, the Company does insure the insured against loss, if any, sustained by the
Insured under this policy if such liens have been filed with the County Clerk of County, Texas, prior to
the date hereof.
Owner Policy(ies) Only: Liability hereunder at the date hereof is limited to $ 0.00. Liability shall increase
as contemplated improvements are made, so that any loss payable hereunder shall be limited to said
sum plus the amount actually expended by the insured in improvements at the time the loss occurs. Any
expenditures made for improvements, subsequent to the date of this policy, will be deemed made as of
the date of this policy. In no event shall the liability of the Company hereunder exceed the face amount
of this policy. Nothing contained in this paragraph shall be construed as limiting any exception or any
printed provision of this policy.
Loan Policy(ies) Only: Pending disbursement of the full proceeds of the loan secured by the lien
instrument set forth under Schedule A hereof, this policy insures only to the extent of the amount actually
disbursed, but increase as each disbursement is made in good faith and without knowledge of any defect
in, or objections to, the title up to the face amount of the policy. Nothing contained in this paragraph shall
be construed as limiting any exception under Schedule B, or any printed provision of this policy.
d. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all
rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in
Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are
not listed.
e. All leases, grants, exceptions or reservations of the geothermal energy and associated resources below
the surface of the Land, together with all rights, privileges, and immunities relating thereto, appearing in
the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or
reservations of the geothermal energy and associated resources below the surface of the Land that are
not listed.
The following, all according the Plat recorded in Volume 388-10, Page 16, Plat Records, Tarrant County,
Texas:
(a) 25 foot building line;
(b) 5 foot utility easement(s)
g. Easement(s) and rights incidental thereto, as granted in a document:
Granted to: The Illinois Pipe Line Company
Purpose: As provided in said document
Recording Date: July 1, 1932
Recording No: Volume 1166, Page 276, Real Property Records, Tarrant County, Texas, as affected
by Agreement dated June 24, 1981, executed by and between A.M. Leal and wife, America Leal and The
Permian Corporation, filed July 14, 1981, recorded in Volume 7151, Page 604, Real Property Records,
Tarrant County, Texas
h. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, dated January 15,
2007, by and between Richard Humphries, as Lessor, and Keystone Exploration, Ltd., a Texas limited
Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182300722
ALAMO TITLE INSURANCE
COMMITMENT NO.: 6000182300722
SCHEDULE B
EXCEPTIONS FROM COVERAGE
(continued)
partnership, as Lessee, filed February 6, 2007, recorded under Clerk's File No. D207043139, Real
Property Records, Tarrant County, Texas. Reference to which instrument is here made for particulars.
No further search of title has been made as to the interest(s) evidenced by this instrument, and the
Company makes no representation as to the ownership or holder of such interest(s).
Affected by Assignment, Conveyance and Bill of Sale dated January 28, 2008, filed February 20, 2008,
recorded under Clerk's File No. D208057377, Real Property Records, Tarrant County, Texas and by
Ratification and Amendment of Oil, Gas and Mineral Lease dated July 10, 2009, filed July 13, 2009,
recorded under Clerk's File No. D209186630, Real Property Records, Tarrant County, Texas.
Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182300722
ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182300722
SCHEDULE C
Commitment No.: 6000182300722 GF No.: ATD-18-6000182300722
Your Policy will not cover loss, costs, attorneys' fees, and expenses resulting from the following requirements that will
appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the
date the Policy is issued:
Documents creating your title or interest must be approved by us and must be signed, notarized and filed for
record.
Satisfactory evidence must be provided that:
a. no person occupying the land claims any interest in that land against the persons named in paragraph 3
of Schedule A,
b. all standby fees, taxes, assessments and charges against the property have been paid,
C. all improvements or repairs to the property are completed and accepted by the owner, and that all
contractors, sub -contractors, laborers and suppliers have been fully paid, and that no mechanic's,
laborer's or materialmen's liens have attached to the property,
d. there is legal right of access to and from the land,
e. (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity
and priority of the insured mortgage.
You must pay the seller or borrower the agreed amount for your property or interest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the
effective date of this Commitment.
5. Prior approval from Regional Underwriting must be obtained if the subject transaction involves the proposed
issuance of (i) an Owner's Policy to a person or entity who purchased the subject property at a foreclosure sale,
or (ii) a Loan Policy insuring a lien granted by such person or entity on the subject property.
6. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have
knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior
to closing.
7. The Company must be furnished with a properly executed Affidavit of Debts and Liens from the owner(s).
8. The Company must be furnished with a marital affidavit from each record owner from the date of his/her
acquisition of subject property to the present time. The spouse of each record owner must join in any
conveyance of subject property.
9. Note: The name(s) of the proposed insured(s) furnished with this application for title insurance is/are:
Name(s) furnished: City of Fort Worth
If these name(s) are incorrect, incomplete or misspelled, please notify the Company.
10. The Company must be furnished evidence of the authority and/or capacity of the party executing the conveying
document.
Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182300722
ALAMO TITLE INSURANCE
COMMITMENT NO.: 6000182300722
SCHEDULE C
(continued)
11. The following note is for informational purposes only:
The following deed(s) affecting said land were recorded within twenty-four (24) months of the date of this report:
None found of record.
The last Deed found of record affecting the Land was filed December 20, 2012, recorded under Clerk's File No.
D212311386, Real Property Records, Tarrant County, Texas, wherein the grantee acquired the subject property.
12. Note —Important Notice
You have the right to have your funds deposited in an interest -bearing account.
If you choose to establish an interest -bearing account for your deposit, notify your escrow officer immediately.
Thereafter you will be provided with a Notice of Election form which you should complete in writing by completing
and returning the form, along with your taxpayer identification information, not later than five (5) days before the
scheduled closing. If you choose to establish an interest -bearing account for your deposit, an additional charge
of $50.00 will be required. This charge may exceed the amount of interest to be earned on the deposit,
depending on the amount, applicable interest rate, and the duration of the deposit.
As an example, the amount of interest you can earn on a deposit of $1000.00 for a thirty -day period at an interest
rate of 4% is $3.33. Interest earned is dependent on the amount of deposit, time of deposit and the applicable
interest rate.
If you do not choose to establish an interest -bearing account for your deposit, your funds will be deposited with
other escrow funds in your escrow agent's general escrow account with an authorized financial institution and
may be transferred to another general escrow account or accounts. By reason of the banking relationship
between our Company and the financial institution, the Company may receive an array of bank services,
accommodations or other benefits. The escrow funds will not be affected by such services, accommodations or
other benefits.
Failure to notify your escrow officer and complete the additional required investment authorization form shall
constitute waiver of any intention of establishing an interest -bearing account for your deposit(s).
13. Except in an exempt transaction, the Company must be furnished with seller's social security number or tax
identification number and all other information necessary to complete IRS Form 1099S.
14. The Company and its policy issuing agents are required by Federal law to collect additional information about
certain transactions in specified geographic areas in accordance with the Bank Secrecy Act. If this transaction is
required to be reported under a Geographic Targeting Order issued by FinCEN, the Company or its policy issuing
agent must be supplied with a completed ALTA Information Collection Form ("ICF") prior to closing the
transaction contemplated herein.
15. As to any document creating your title or interest that will be executed or recorded electronically, or notarized
pursuant to an online notarization, the following requirements apply:
• Confirmation prior to closing that the County Clerk of Tarrant County, Texas has approved and authorized
electronic recording of electronically signed and notarized instruments in the form and format that is being used.
• Electronic recordation of the instruments to be insured in the Official Public Records of Tarrant County, Texas.
• Execution of the instruments to be insured pursuant to the requirements of the Texas Uniform Electronic
Transactions Act, Chapter 322 of the Business and Commerce Code.
Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182300722
ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182300722
SCHEDULE C
(continued)
• Acknowledgement of the instruments to be insured by a notary properly commissioned as an online notary
public by the Texas Secretary of State with the ability to perform electronic and online notarial acts under 1 TAC
Chapter 87.
Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182300722
ALAMO TITLE INSURANCE COMMITMENT NO.: 6000182300722
SCHEDULE D
Commitment No.: 6000182300722 GF No.: ATD-18-6000182300722
Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the
following disclosures are made:
1. The issuing Title Insurance Company, Alamo Title Insurance, is a corporation whose shareholders owning or controlling, directly or indirectly,
10% of said corporation, directors and officers are listed below:
Shareholders: Fidelity National Title Group, Inc., which is owned 100% by FNTG Holdings, LLC, which is owned 100% by Fidelity National
Financial, Inc., a publicly held company.
Directors: Steven G. Day, Joseph W. Grealish, Roger S. Jewkes, Marjorie Nemzura, Michael J. Nolan, Anthony J. Park, John A. Wunderlich
Officers: Michael J. Nolan (President, Chief Executive Officer, and Chairman of the Board), Anthony J. Park (Treasurer, Chief Financial
Officer, and Executive Vice President), Marjorie Nemzura (Corporate Secretary and Vice President)
2. The following disclosures are made by the Title Insurance Agent issuing this Commitment:
Alamo Title Company
(a) A listing of each shareholder, owner, partner, or other person having, owning or controlling one percent (1 %) or more of the Title Insurance
Agent that will receive a portion of the premium.
Owners: Alamo Title Holding Company owns 100% of Alamo Title Company
(b) A listing of each shareholder, owner, partner, or other person having, owning or controlling 10 percent (10%) or more of an entity that has,
owns or controls one percent (1 %) or more of the Title Insurance Agent that will receive a portion of the premium.
Owners: FNTS Holdings, LLC owns 100% of Alamo Title Holding Company, which owns 100% of Alamo Title Company
(c) If the Agent is a corporation: (i) the name of each director of the Title Insurance Agent, and (ii) the names of the President, the Executive
or Senior Vice -President, the Secretary and the Treasurer of the Title Insurance Agent.
Directors: Michael J. Nolan, Anthony John Park
Officers: Michael J. Nolan (Chief Executive Officer), Edward J. Hall (President), Robert Kuhn (President), Carlos E. Valdes (President),
Anthony John Park (Executive Vice President and Chief Financial Officer), Joseph William Grealish (Executive Vice
President), John Ernst (Executive Vice President), Natalie Warren (Executive Vice President), Marjorie Nemzura (Secretary)
(d) The name of any person who is not a full-time employee of the Title Insurance Agent and who receives any portion of the title insurance
premium for services performed on behalf of the Title Insurance Agent in connection with the issuance of a title insurance form; and, the
amount of premium that any such person shall receive. NONE.
(e) For purposes of this paragraph 2, "having, owning or controlling" includes the right to receipt of a percentage of net income, gross income,
or cash flow of the Agent or entity in the percentage stated in subparagraphs (a) or (b).
3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment
relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving a portion of
the premium from the settlement of this transaction will be disclosed on the closing or settlement statement.
You are further advised that the estimated title premium* is:
Owner's Policy
Total
1,227.00
1,227.00
Of this total amount: 15% will be paid to the policy issuing Title Insurance Company; 85% will be retained by the issuing Title Insurance Agent;
and the remainder of the estimated premium will be paid to other parties as follows:
Percent/Amount
To W hom
For Services
*The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of
the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance.
Form T-7: Commitment for Title Insurance (01/03/14) TX ---- SPS-1-24-6000182300722
Phase I Environmental Site Assessment
4104 Weber Street
Fort Worth, Tarrant County, TX
November 1, 2023 1 Terracon Project No. 95237510
Prepared for:
City of Fort Worth
200 Texas Street
Fort Worth, TX
Prepared by:
Terracon Consultants, Inc.
Fort Worth, Texas
1frerracon
Nationwide
■ Environmental
Terracon.com
■ Geotechnical
■ Materials
lFrerracon
November 1, 2023
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Attn: Samuel Barrett
P: (817) 392-7564
E: samuel.barrett@fortworthtexas.gov
Re: Phase I Environmental Site Assessment
4104 Weber Street
Fort Worth, Tarrant County, Texas
Terracon Project No. 95237510
Dear Mr. Barrett:
1801 Handley Ederville Road
Fort Worth, Texas 76118
P 817-268-8600
F 817-268-8610
Terracon.com
Terracon Consultants, Inc. (Terracon) is pleased to submit the enclosed Phase I
Environmental Site Assessment (ESA) report for the above -referenced subject property
(hereinafter known as the site'). This assessment was performed in accordance with
Terracon Proposal No. P95237510 dated October 10, 2023.
We appreciate the opportunity to be of service to you on this project. In addition to
Phase I services, our professionals provide other environmental, geotechnical,
construction materials, and facilities services on a wide variety of projects locally,
regionally, and nationally. For more detailed information on all of Terracon's services
please visit our website at www.terracon.com. If there are any questions regarding this
report or if we may be of further assistance, please do not hesitate to contact us.
Sincerely,
Terracon Consultants, Inc.
Geoffrey U. Thomas
Jack A. McCranie
Staff Scientist
Senior Principal
Attachments
Facilities I Environmental I Geotechnical I Materials
Table of Contents
EXECUTIVE SUMMARY ...... ..........I.......... ....................................... i
Findingsand Opinions................................................................................ i
SignificantData Gaps.................................................................................ii
Conclusions.............................................................................................li
Recommendations...................................................................................... ii
1.0 INTRODUCTION...................................................... I............... 1
1.1 Site Description................................................................................ 1
1.2 Scope of Services.............................................................................. 1
1.3 Standard of Care............................................................................... 2
1.4 Additional Scope Limitations, ASTM Deviations, and Data Gaps ................. 2
1.5 Reliance............................................................... ........................ 3
1.6 Client Provided Information................................................................ 4
2.0 PHYSICAL SETTING................................................................. 4
3.0 HISTORICAL USE INFORMATION ................................................. 6
3.1 Historical Topographic Maps, Aerial Photographs, and Sanborn Maps ......... 6
3.2 Historical City Directories................................................................... 7
3.3 Site Ownership................................................................................. 8
3.4 Title Search...................................................................................... 8
3.5 Environmental Liens and Activity and Use Limitations (AULs) ................... 8
3.6 Interviews Regarding Current and Historical Site Uses ............................. 9
3.7 Prior Report Review.............. ................... 9
..........................................
4.0 RECORDS REVIEW........................................................ ... I....... 9
4.1 Federal and State/Tribal Databases.....................................................10
4.2 Local Agency Inquiries......................................................................13
4.3 Local Area Knowledge.......................................................................13
5.0 SITE RECONNAISSANCE..........................................................14
5.1 General Site Information...................................................................14
Facilities I Environmental I Geotechnical I Materials
5.2 Overview of Current Site Occupants....................................................14
5.3 Overview of Current Site Operations....................................................14
5.4 Site Observations.............................................................................15
6.0 ADJOINING PROPERTY RECONNAISSANCE.................................17
7.0 ADDITIONAL SERVICES...........................................................17
8.0 DECLARATION.......................................................................17
Facilities i Environmental i Geotechnical i Materials
APPENDICES
APPENDIX A Exhibit 1: Topographic Map, Exhibit 2: Site Diagram
APPENDIX B Site Photographs
APPENDIX C Historical Documentation and User Questionnaire
APPENDIX D Environmental Database Information
APPENDIX E Credentials
APPENDIX F Description of Terms and Acronyms
Facilities I Environmental I Geotechnical I Materials
Phase I Environmental Site Assessment ii Terracon
4104 Weber Street I Fort Worth, TX
November 1, 2023 1 Terracon Project No. 95237510
EXECUTIVE SUMMARY
This Phase I Environmental Site Assessment (ESA) was performed in accordance with
Terracon Proposal No. P95237510 dated October 10, 2023, and was conducted
consistent with the procedures included in ASTM E1527-21, Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment Process. The
purpose of this ESA was to assist the client in developing information to identify RECs in
connection with the site as reflected by the scope of this report. The ESA was conducted
under the supervision or responsible charge of Jack A. McCranie, Environmental
Professional. Geoffrey U. Thomas performed the site reconnaissance on October 23,
2023.
Findings and Opinions
A summary of findings is provided below. It should be recognized that details were not
included or fully developed in this section, and the report must be read in its entirety for
a comprehensive understanding of the items contained herein.
Site Description and Use
The site consists of an approximate 0.177-acre residential tract addressed at 4104
Weber Street, Fort Worth, Tarrant County, Texas. The site is improved with a residence.
Historical Information
Based on the review of historical information, the site consisted of vacant land from at
least 1942 until the existing residence was developed in approximately 1958. The site
has remained relatively unchanged since the mid-1960s.
Historically, the adjoining properties have consisted of vacant land with an unpaved road
to the north and east, Terminal Road to the south, and a tributary to the north, east and
west of the site from at least 1942, until the tributary was channelized to the north,
east, and west, Terminal Road was expanded, the existing residences were developed to
the south, and residences were developed to the west by the late 1950s. By the mid-
1960s, the unpaved road to the north and east was removed, the existing Weber Street
was developed to the west, and additional residences were developed to the north and
west. By the mid-2000s, Terminal Road expanded to its current size. By the mid-2010s,
the existing Lasko Metal Products warehouse was developed to the east of the site.
Recognized environmental conditions (RECs) were not identified for the site or adjoining
properties as a result of the historical information review.
Facilities I Environmental I Geotechnical I Materials
Phase I Environmental Site Assessment �i Terracon
4104 Weber Street I Fort Worth, TX
November 1, 2023 1 Terracon Project No. 95237510
Records Review
Selected federal and state environmental regulatory databases, as well as responses
from state and local regulatory agencies, were reviewed. The site was not identified in
the regulatory database report; however, multiple off -site facilities were identified.
Based upon regulatory status, apparent topographic gradient, and/or distance from the
site as stated in the report text, the identified off -site facilities do not constitute RECs to
the site.
Site Reconnaissance
RECs were not identified during the on -site reconnaissance. Please see Section 5.0 for
additional information.
Adjoining Properties
Based on observations made during the area reconnaissance, a tributary is located to
the north, followed by a residence; Vacant land and a tributary are located to the east,
followed by Lasko Products; a residence is located to the south, followed by Terminal
Road; and Weber Street is located to the west, followed by residences. Indications of
RECs were not observed with the adjoining properties.
Significant Data Gaps
No significant data gaps (SDGs) were identified during the course of this assessment.
Conclusions
We have performed a Phase I ESA consistent with the procedures included in ASTM
Practice E1527-21 at 4104 Weber Street, Fort Worth, Tarrant County, Texas, the site.
RECs, Controlled RECs (CRECs) and/or Significant Data Gaps (SDGs) were not identified
in connection with the site.
Recommendations
Based on the scope of services, limitations, and conclusions of this assessment, Terracon
did not identify RECs, CRECs, or SDGs in connection with the site. As such, no additional
investigation is warranted at this time.
Facilities I Environmental I Geotechnical I Materials ii
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/19/24 M&C FILE NUMBER: M&C 24-0207
LOG NAME: 21 CPN 103069 CHANNEL REHABILITATION 4104 WEBER ST
SUBJECT
(CD 2) Authorize Acquisition of a Fee Simple Interest in 0.1783 Acres from Improved Property Owned by Dana L. Pondt Located at 4104 Weber
Street, Fort Worth, Tarrant County, Texas 76106 in the Amount of $175,000.00, Pay Estimated Closing Costs in an Amount Up to $5,000.00 for a
Total Cost of $180,000.00, and Authorize Eligible Payments for Tenant Relocation in an Amount Up to $28,140.00 and Eligible Tenant Moving
Expenses in an Amount Up to $3,000.00 for the Lebow Channel Flood Mitigation Project
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acquisition of a fee simple interest in 0.1783 acres from improved property owned by Dana L. Pondt located at 4104 Weber
Street, Fort Worth, Tarrant County, Texas 76106 for the Lebow Channel Flood Mitigation Project (City Project No. 103069);
2. Find that the total purchase price of $175,000.00 is just compensation and pay estimated closings costs in an amount up to $5,000.00 for a
total cost of $180,000.00;
3. Authorize the payment of eligible tenant relocation costs in an amount up to $28,140.00 and eligible tenant moving expenses in an amount
up to $3,000.00; and
4. Authorize the City Manager or his designee to accept the fee simple conveyance and record the appropriate instruments.
DISCUSSION:
This property is located adjacent to Lebow Channel, which is a critical and high -priority area for flood mitigation. The Lebow Channel Flood
Mitigation Project is currently in project development and will address these needs. Acquisition of the property would be part of the project plan to
facilitate future culvert and channel improvements. The property is subject to erosion, which is currently creating a safety issue. The purchase of the
property was deemed more financially advisable than implementing a temporary channel erosion rehabilitation project at this location. After the
acquisition is complete, the structure will be demolished, and the property maintained as mowed greenspace until needed for the Lebow Channel
Flood Mitigation Project.
An independent appraisal was obtained to establish the fair market value of the property. The owner has agreed to sell the property and signed the
City's sale and purchase contract in the amount of $175,000.00. The City will pay closing costs up to $5,000.00. The real estate taxes will be pro-
rated with the seller responsible for taxes due up to the closing date.
On April 7, 2015, City Council Resolution No. 4430-04-2015 authorized the adoption of the City of Fort Worth Relocation Assistance Rules. The
rules are to ensure that the City provide relocation assistance and advisory services to qualifying persons, businesses, farming or ranching
operations, or nonprofit organizations who are displaced in connection with the acquisition of real property for a public purpose and are
compatible with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended. For this voluntary
acquisition, the seller and seller's tenants are eligible to receive relocation assistance in the amount up to $28,140.00, plus eligible moving
expenses up to $3,000.00.
Upon City Council approval, Staff will proceed with acquiring the fee simple interest in the property except for the mineral estate. The deed to the
City will contain a surface waiver for the exploration of the mineral estate.
Estimated Relocation Eligible
Legal
Property
Property
Acreage
Purchase Acquisition
Closing Assistance Moving
Description
Type
Price Total
Costs (up to) Expenses
Sabine Place
4104 Addition,
Weber Block1 35, Lot
e0.1783
$175,000.00 $5,000.00 $180,000.00 $28,140.00 $3,000.00
Street
Simple
Tarrant County,
Texas,
Funding is budgeted in the TPW Stormwater Capital Project Fund for the purpose of funding the Lebow Channel Flood Mitigation Project, as
appropriated.
The property is located in COUNCIL DISTRICT 2.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Stormwater Capital
Projects Fund for the Channel Rehabilitation project to support the approval of the above recommendations and award of the acquisition. Prior to
any expenditure being incurred, the Transportation and Public Works and Property Management has the responsibility to validate the availability of
funds.
Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head: Marilyn Marvin 7708
Ricardo Salazar 8379
Additional Information Contact: Dickson Robin 2554
Justin Naylor 7953
FORT WORTH
Title Closing Legal Review Checklist
Property Management
Department
Channel Rehabilitation, Fee Simple Acquisition 4104
DOCUMENT TITLE: Weber St, Contract x 1, Closing Docs
M&C 24-0207 CPN 103069 CSO DOC# N/A
RUSH: ❑ Yes ❑ No SAME DAY: ❑ Yes ❑ No NEXT DAY: ❑ Yes ❑ No
ROUTING TO CSO: ❑ Yes
x 01. Document Type — ROW, DEED, EASEMENT, LICENSE AGREEMENT, ETC.
x ARE THE CONVEYANCE EXHIBITS SIGNED & SEALED BY SURVEYOR?
NEEDS TO BE NOTARIZED: ❑ Yes
x 02. Wiring Instructions from Title Company
x 03. Closing Document - Master Settle Statement / HUD Closing Statement to be signed
x 04. Authorizing M&C or N/A if not needed
x 05. Offer Letter, Sales Contract or Letter Agreement amount same as Settlement Statement
x 06. Closing Document - Arbitration Deletion Letter Form T-7 to be signed
x 07. Closing Document - Notices/Acknowledgments (such as Business Affiliation, etc.)
x 08. Project Communication or Contact Log (REQUIRED as of 12/7/2022)
x 09. Title Commitment
x 10. Other: Phase 1 Enviro
Return to:
Please call Dickson Robin Senior Land Agent at EXT. # 2554
for pick up when complete. Thank you.