HomeMy WebLinkAboutContract 61636RELEASE OF ALL CLAIMS
City of Fort Worth Claim No.: 3PC06443
WHEREAS , ALPHA FAMILY GROUP , hereinafter sometimes referred to as
Claimant, alleges that their property at 2141 R.W. Bi vens Lane , Fort Worth , Texas 76105 ,
also known as Lot 11 , Block 2 ST ALLCUPS yd ADDITION, an addition to the City of
Fort Worth (hereinafter sometimes referred to as the Property) was damaged or taken
without just compensation as a result of the widening of Booker T. Street by , or at the
direction of, the City of Fort Worth ; an d,
WHEREAS , Claimant has asserted a claim against the City of Fort Worth ,
hereinafter sometimes referred to as the City , for monetary damages alleging that the
damage to its property was proximately caused by the negligence or other fault of the City
of Fort Worth or one of its officers , agents , or employees or that the property was taken by
the City of Fort Worth w ithout just compensation (inverse condemnation) in violation of
the Constitution of the United States and the Constitution of the State of Texas; and ,
WHEREAS , Claimant conveyed the Property in trust to Paul Mundheim ,
hereinafter sometimes referred to as Trustee, pursuant to a deed of trust recorded in the
deed records of Tarrant County as Document D222201649 ; and ,
WHEREAS , David Howard , hereinafter sometimes referred to as Lender, has an
interest in the property as Claimant's lender as shown in the deed of trust mentioned above
and is made whole and completely sati sfie d under the tenns of the settlement described
below ; and
WHEREAS , while the City of Fort Worth denie s that the alleged damage to
Claimant's property was caused by any negligence or other fault of the City or its officers ,
agents or employees , or that it has committed an unconstitutional taking, it has agreed to
pay , and Claimant has agreed to accept, the total sum of $94,000.00 in full and final
settlement of any and all property damage claims , claims for unconstitutional taking and
all other claims of Claimant against the City of Fort Worth , its officers , agents and
employees and all other persons and entities in privity with , or connected with , the City of
Fort Worth , as a result of the widening of Booker T Street.
NOW , THEREFORE:
ALPHA FAMILY GROUP , in consideration of the pay ment of $94,000.00 paid
to it by the City of Fort Worth , the receipt and sufficiency of which are hereby
acknowledged , does hereby fully and finally release the City of Fort Worth and its officers ,
agents and employees and all other persons and entities in pri v ity with , or connected with ,
the City of Fort h of and from any property damage claim or inve rse condemnation
c aim , and a~.,..~11V! whatsoever, it has against the City on the date of the signing of this
OfflCiAL --:~.:, o ;~· ---~ .---~
ce :V SECRETARY -• ::., . .., =---:.s:
f . WORTH, TX
Release or that may hereafter accrue as a result of the alleged damage to its property or
taking of its property mentioned above including , but not limited to , damage to the
Property , inverse condemnation , trespass, loss of use, diminution in va lue and all claims ,
that were asserted or could have been asserted by claimant.
ALPHA FAMILY GROUP represents that , wi th the exception of the interests of
Trustee and Lender described above it is the sole owner of the Property , that it will pay all
monies owed to Lender out of the proceeds of this settlement and that it will hold harmless
defend and indemnify the City of Fort Worth against any person or entity who claims to be
entitled to any of the proceed s of this settlement or who claims to have suffered any damage
as a result of damage to , or taking of the Property as a result of the widening of Booker T
Street.
I, ;iA-M<0 'y\)/¾.~e(L. THE AUTHORIZED
REPRESENTATIVE OF ALPHA FAMILY GROUP , whose signature is affixed below
acknowledge that I have read this Release in its entirety and have had an opportunity to
consult with an attorney before signing it. I agree that this Release shall be construed as a
whole according to its fair meaning and shall not be construed strictly for or against either
party. I further represent that I am , in all things , authorized to agree to this Release on
behalf of ALPHA FAMILY GROUP.
ST ATE OF TEXAS
COUNTY OF TARRANT
§
§
Claimant
REPRESENTATIVE
FAMILY GROUP ,
_ BEFORE ME, the undersigned authority , on this day personally appeared
J /Jn1tt, W/tt..,(~ , AUTHORIZED REPRESENTATIVE
OF ALPHA FAMILY GROUP known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same as his free
act and deed for purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this !i! day of~ l Lt' ,
2024.
i4otary Public in and for the State of Texas
Relea se of Property Damage Claim
Claim No . 3PC06443 ; Alpha Famil y Group Page 2 of 5
I, PAUL MUNDHEIM, TRUSTEE, for the consideration mentioned abo ve, do
hereby release the City of Fort Worth and its officers , agents and employ ees and all other
persons and entiti es in priv ity with , or connected with , th Ci ty of Fo rt Worth to the same
extent as Alpha F amil y Group has released them.
STATE OF TEXAS
COUNTY OF TARRANT
§
§
UL MUNDHEIM,
Trustee
Date: -----="~/1_7 _,___L z __ ~ --
BEFORE ME , the undersigned authority , on this day personally appeared PAUL
MUNDHEIM, TRUSTEE, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he ex ecuted the same as his free
act and deed for purpo ses and consideration therein expressed .
{I
GIV EN UND ER MY HAND AND SEAL OF OFFICE this /..J_ day of 1,.){Jpe ,
2024.
..~;,f'•••'.'\ MART HA MAYES
/.,0~"\ Notary Pu blic , State of Texas
{* *l My Comm issi on Expires
\:~... +"'.,l Apr il os, 202a ◄ ·••,,te,:.~~--•· NOTARY ID 6323908
Re lease of Property Damag e Claim
C laim N o. 3PC0 6443 ; Alpha Fam ily Group Page 3 of 5
I, DAVID HOW ARD, LENDER, for the consideration mentioned above ,
acknowledge that I have been satisfied and made whole by the proceeds of this settlement
and I do hereby release the City of Fort Worth and its officers , agents and employees and
all other persons and entities in privity with , or connected with , the City of Fort Worth to
the same extent that Alpha Famil y Group has released them.
STATE OF TEXAS
COUNTY OF TARRANT
§
§
DAVID HOW ARD,
Lender
Date: -------------
BEFORE ME , the undersigned authority , on this day personally appeared DAVID
HOW ARD, LENDER, known to me to be the person whose name is subscribed to the
foregoing instrument , and acknowledged to me that he executed the same as his free act
and deed for purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this_ day of ___ _
2024.
APPROVED:
Attorney for Claimant
Phil Ruais
Ruais Law , PLLC
CITY OF FORT WORTH:
APPROVED:
Release of Property Damage Claim
Claim No . 3PC06443 ; Alpha Famil y Group
Notary Public in and for the State of Texas
Date: ----------
Page 4 ofS
---·---
I, DAVID HOW ARD, LENDER, for the consideration mentioned above ,
acknowledge that I have been satisfied and made whole by the proceeds of this settlement
and I do hereby release the City of Fort Worth and its officers , agents and employees and
all other persons and entities in privity with , or connected with , the City of Fort Worth to
the same extent that Alpha Family Group has rele~ WW ~aii,J
oh o HOWARD,
STATE OF TEXAS
COUNTY OF TARRANT
§
§
Lender I
Date: ~14 '202..~
BEFORE ME, the undersigned authority , on this day personally appeared DAVID
HOWARD, LENDER, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as his free act
and deed for purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~+\ray o '-,,,J--.-----'--
2024.
SUSAN HEOARY
Notary Public, State of Te>CU
My Commission Expires
January 11 , 2025
NOTARY ID 71 33 12·1
APPROVED:
Attorney for Claimant
Phil Ruais
Ruais Law, PLLC
CITY OF FORT WORTH:
APPROVED:
Release of Property Damage Claim
Claim No . 3PC06443 ; A lph a Family Group
Notary Public in and£ the State of Texas
Date : ----------
Page 4 of 5
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APPROVED:
Attorney for City oFort Worth
Harvey L. Frye Jr.
Sr. Assistant City Attorney
ATTEST:
nnette S . Goodall , City Secretary
Release of Property Damage Claim
Claim No . 3PC06443 ; Alpha Family Group
Date: __ t ~/4=--· ~o /'--2... ___ • f""--
7 I
Date: i / l.P /l.y
--,7'----------
Date: 7 / 3 )zo 2-<f
OFFICIAL RECORD
ETARY
FT, WORTH, TX
Page 5 of 5
Cordova, Shoshanna S
From:
Sent:
To:
Cc:
Subject:
ye s
William Johnson
Ass istant City Manager
200 Texas Street
Fo rt Worth, Texas 761 02
(817) 392 -5806 Office
Jo hn son , W ill iam M
Thursday, May 9, 202 4 1 :09 PM
Frye , Harve y
Mosley, Chris ; Cordova , Shoshanna S
RE : Alpha Fam ily Group Cla i m 2141 R.W. Biv ens Lane
(682) 760-7513 Ce ll
william.johnson@fortworthtexas.gov
City of Fort Worth -Working together to build a strong community.
From: Frye , Harvey <Harvey.Frye@fortworthtexas.gov>
Sent: Wednesday, May 8, 2024 2 :13 PM
To: Johnson , William M <William .Johnson@fortworthtexas.gov>
Cc: Mosley, Chris <Chr istophe r.Mosley@fortw o rt ht ex as.gov>; Co rdova , Shosha nna S
<Shosh a nna .Cordova@fortworthtexas.gov >
Subject: FW : Alpha Fam i ly Group Claim 2141 R.W . Bivens Lane
Mr. Johnson:
Lane and Yolanda are good with proceeding with settlement for $94k as proposed
by the property owner's attorney. Is that agreeable with you? If you have
questions or wish to discuss, please don't hesitate to give me a call. Thank you.
Harvey
Harvey L. Frye, Jr.
Sen ior Assistant City Attorney
2 00 Texas Street
Fort Worth, Texas 76102
817-392-8715
682 -299-2629 ce ll
Harvey.frye@fortworthtexas.gov
1
City of Fort Worth -Working together to build a strong community.
,o ~;O,!IH
RECIPIENTS-PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS
ATTORNEY-CLIENT COMMUNICATIONS.
This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity
to which they are addressed . T hi s communication may contain material protected by the attorney-client privilege. If you are
not the intended recipient or the person responsible for delivering the e-m ail to the intended recipient, be advised that you
have received this e-m ail in error an d that any use , dissemination , forwarding, printing, or copying of this e-mail is strict ly
prohibited. If you have received this e-mail in error, please immediately notify Harvey Frye at the City of Fort Worth City
Attorney's Office (817) 392-8715 . This e-mail and any response thereto may be subject to the Texas Public Information
Act.
From: Frye, Harvey
Sent: Wednesday, May 1, 2024 1:11 PM
To: Fouche , Yolanda <Yolanda.Fouche@fortworthtexas.gov>; Johnson, William M
<William.Johnson@fortworthtexas.gov>; Zarate, Lane M <Lane .Zarate@fortworthtexas.gov>
Cc: Mosley, Chris <Christopher.Mosley@fortworthtexas.gov>; Cordova , Shoshanna S
<Shoshanna .Cordova@fortworthtexas .gov>
Subject: RE : Alpha Family Group Claim 2141 R.W. Bivens Lane
Thank you, Yolanda.
Harvey L. Frye, Jr.
Senior Assistant City Attorney
200 Texas Street
Fort Worth , Texas 76102
817-392-8715
682-299 -2629 cell
Harvey .frye @fortwo rtht exas.gov
City of Fort Worth-Working together to build a strong community.
RECIPIENTS-PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS
ATTORNEY-CLIENT COMMUNICATIONS.
This e-m ail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity
to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are
not the intended recipient or the person responsible for delivering the e-m ail to the intended recipient, be advised that you
have received this e-mail in error and that any use , dissemination , forwarding , printing, or copying of this e-mail is strictly
prohibited. If you have received this e-mail in error, please immediately notify Harvey Frye at the City of Fort Worth City
Attorney's Office (817) 392-8715 . This e-mail and any response thereto may be subject to the Texas Pu blic Information
Act.
2
From: Fouche, Yolanda <Yolanda.Fouche@fortworthtexas.gov>
Sent: Wednesday, May 1, 2024 12 :57 PM
To: Frye, Harvey <Harvey .Frye@fortworthtexas.gov>; Johnson, William M <William .Johnson@fortworthtexas.gov>;
Zarate , Lane M <Lane.Zarate@fortworthtexas.gov>
Cc: Mosley, Chris <Christopher.Mosley@fortworthtexas.gov>; Cordova , Shoshanna S
<Shoshanna .Cordova@fortworthtexas.gov>
Subject: RE: Alpha Family Group Claim 2141 R.W . Bivens Lane
Harvey-
I discussed this with Donnette and we are good with paying the $94K .
1/~'Jo«di
Sr. Property & Casualty Adjuster
City of Fort Worth
HR/Risk Management
200 Texas Street
Fort Worth, TX 76102
817 -392 -2493 (Office)
Yolanda .Fouche@fortworthtexas.gov
City of Fort Worth -Working togeth er to build a strong community
FORT WORTH .
• Please note: Our department will be moving to New City Hall on June 28, 2024. Our new address will be 100 Fort
Worth Trail , Fort Worth , Texas 76102 . Please continue to send any mail to the current address listed above until
the date noted or you have been notified otherwise.
From: Frye, Harvey <Harvey.Frye@fortworthtexas.gov>
Sent: Tuesday , April 30, 2024 10 :51 AM
To: Johnson , William M <William .Johnson@fortworthtexas.gov>; Zarate, Lane M <Lane .Zarate@fortworthtexas.gov>;
Fouche, Yolanda <Yolanda .Fouche@fortworthtexas.gov>
Cc: Mosley, Chris <Christopher.Mosley@fortworthtexas.gov>; Cordova , Shoshanna S
<Shoshanna.Cordova@fortworthtexas.gov >
Subject: Alpha Family Group Claim 2141 R.W. Bivens Lane
All:
You will recall that this claim arises out of a mistake that occurred in connection
with the widening of Booker T Street which runs along the south boundary of 2141
Bivens Lane. In doing so, we inadvertently took a 20 foot strip of land for which we
had not compensated the owner. The owner, Alpha Family Group, had initially
3
purchased the lot for the purpose of building and marketing a single family
residence. With the loss of the 20 foot strip, the lot is no longer suitable for
residential construction. This is confirmed by our own Development Department.
The property owner asserted a claim against the City for taking their property
without just compensation and they are correct. We hired an appraiser to help us
determine fair compensation to the property owner. He placed the value of the
property taken plus damage to the remainder at $85,900,00 and I offered that
amount to the property owner's attorney.
I have now heard from the attorney. He says he and his client have been working
on this and they have a deal in principle where his client can break even if the City
will increase its offer to $94,000.00. This would enable them to sell the property
back to the seller/lender, pay off the loan and recoup the difference between the
amount of the loan and what the seller is willing to pay to take the property back.
This demand is less than $9,000.00 more than our offer and I believe it is fair and
reasonable . Please let me know your thoughts on settling for this amount. If you
feel we need a brief meeting, either in person or remote, please let me know. If
you have any questions, please give me a call.
Thank you,
Harvey
Harvey L. Frye, Jr.
Senior Assistant City Attorney
200 Texas Street
Fort Worth , Texas 76102
817-392-8715
682-299-2629 cell
Harvey . frye@fortworthtexas.gov
City of Fort Worth -Working together to build a strong community.
FOR WoR H.
~
RECIPIENTS-PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS
ATTORNEY-CLIENT COMMUNICATIONS.
This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity
to which they are addressed. This communication may contain material protected by the attorney-c li ent privilege. If you are
not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you
have received this e-mail in error and that any use, dissemination , forwarding , printing, or copying of this e-mail is strictly
4
prohibited. If you have received this e-mail in error, please immediately notify Harvey Frye at the City of Fort Worth City
Attorney's Office (817) 392-8715. This e-mail and any response thereto may be subject to the Texas Public Information
Act.
5