HomeMy WebLinkAboutContract 62087CSC No. 62087
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 the Walker
Family Trust ("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 36.022
acres of real property in the Abner Lee Survey, Abstract No. 931, Tarrant County, Texas and being a
portion of a tract of land described by deed to Walker Family Trust recorded in Instrument No.
D213207713, Official Public Records, Tarrant County, Texas (the "Land"), as more particularly
described in Exhibit "A." attached hereto and incorporated herein for all purposes, together with all of
Seller's rights, titles and interests, if any, in and to (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 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").
Notwithstanding anything to the contrary, Seller shall retain and reserve from the 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 (collectively "Minerals") in, on, or under the Land; provided,
however, Seller shall waive and relinquish access to any use of the surface of the Property. The
waiver of surface rights by Seller shall never be construed to prevent Seller, or Seller's heirs, successors
or assigns, from developing or producing the Minerals in, on and under the Property by pooling or by
directional drilling under the Property from well sites located on tracts outside the Property. In addition,
Purchaser shall allow the operator of the gas well currently located on the Property and its agents and
contractors to continue to use the existing road located on Purchaser's adjoining property to access the
gas well pad site located on the Property.
Section 2. Earnest Monev. Purchase Price, and Independent Consideration.
(a) Within ten (10) calendar days after the Effective Date, Purchaser must deliver to the
Title Company as escrow agent an Earnest Money deposit of Twenty -Five Thousand and 00/100
Dollars ($25,000.00) in cash funds (the "Earnest Money"); however, upon Closing (as hereinafter
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Walker Family Trust CITY SECRETARY
FT. WORTH, TX
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 the expiration of the Option Period (hereinafter defined) or (ii) paid to Seller if Purchaser does
not terminate and the Earnest Money is payable to Seller pursuant to Section 14(a) of this Contract.
(b) The purchase price ("Purchase Price") for the Property, payable by Purchaser to Seller
at Closing, is One Million, Eight Hundred Thousand Dollars and 00/100 ($1,800,000.00) to be paid
in cash at Closing.
(c) Within five (5) business days after the Effective Date hereof, Purchaser shall deliver to
Seller a check in the amount of One Hundred and 00/100 Dollars ($100.00) ("Independent
Consideration"), which amount the parties bargained for and agreed to as consideration for Seller's
execution and delivery of this Contract. This Independent Consideration is in addition to and independent
of any other consideration or payment provided in this Contract, is non-refundable and shall be retained
by Seller notwithstanding any other provisions of this Contract. If the transaction set forth in this Contract
closes, Purchaser shall receive a credit against the Purchase Price in the amount of the Independent
Consideration.
Section 3. Title Commitment and Survev.
(a) Within fifteen (15) calendar days after the Effective Date, Purchaser shall obtain, at
Purchaser's sole cost and expense, a Commitment for Title Insurance ("Title Commitment") from
Alamo Title, 4217 Camp Bowie Blvd, Suite 300, Fort Worth, Texas 76107, Attn: Lavonne Keith email:
lavonne.keith@alamotitle.com (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 has obtained a survey of the Property ("Survey") prepared by Cody Watson,
R.P.L.S. No. 7056, at Purchaser's sole cost and expense. 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 thirty (30) calendar days after Purchaser's receipt of the Title Commitment
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 Objections
(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 (loth) 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 (5th) business day
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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.
(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, to the extent in Seller's possession or reasonable
control, (i) any and all tests, studies, surveys, 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. During the Option Period (hereinafter defined) 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 (collectively
"Purchaser's Agents") 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. Purchaser shall, to the
extent allowed by Texas law and without waiving its sovereign immunity, indemnify and hold Seller
harmless from and against all losses, claims, costs, damages and liabilities arising out of or in connection
with any entry upon the Property by Purchaser and Purchaser's Agents, and their respective agents,
employees and contractors. Notwithstanding anything to the contrary in this Contract, Purchaser's
obligation to repair damages to the Property and to indemnify Seller pursuant to this Section (collectively
the "Surviving Obligations") will survive the termination of this Contract and shall survive Closing. 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).
Nothing contained herein shall ever be construed so as to require Purchaser to assess, levy and collect
any tax to fund its obligations under this section. Article XI Section 5 of the Texas Constitution provides
that a city is prohibited from creating a debt unless the city levies and collects a sufficient tax to pay the
interest on the debt and provides a sinking fund. The City of Fort Worth has not and will not create a
sinking fund or collect any tax to pay any obligation created under this Contract.
Section 6. Option Period.
(a) Notwithstanding anything to the contrary contained in this Contract, until sixty (60)
days after the Effective Date ("Option Period"), the following is a condition precedent to Purchaser's
obligations under this Contract:
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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 except the Surviving Obligations.
(c) If, prior to the expiration of the original Option Period, Purchaser has not received the
required approval of the Fort Worth City Counsel for the purchase of the Property, Purchaser shall have
the right to extend the Option Period for one (1) additional period of thirty (30) days by delivery of written
notice to Seller before the end of the Option Period.
(d) The provisions of this Section 6 control all other provisions of this Contract.
Section 7. Closing 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 (30) calendar days
after the expiration of the Option Period.
Section 8. Closing.
(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 Special Warranty Deed ("Deed"), in substantially the same form
attached hereto as Exhibit "B". 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 reasonably 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
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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 as provided in this
Contract.
(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, subject to the
delivery to Title Company of a survey of the Property approved by the Title Company,
and the payment of the appliable premium by Purchaser, 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, 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 year";
(4) Seller and Purchaser shall each pay one-half of escrow fees charges by the
Title Company. All recording fees and any other closing costs as set forth by the
Title Company shall be paid by the parties as is customary for similar real property
transactions in Tarrant County, Texas.
(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 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 a violation or breach of any judgment, order, writ,
junction or decree issued against or binding upon Seller or the Property;
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(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. To the best of Seller's actual knowledge, except as otherwise
disclosed in the Title Commitment or disclosed to Purchaser during the Option Period,
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,
(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, except as disclosed by the Due Diligence Material: (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
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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 for the Survival Period (hereinafter defined).
PURCHASER IS RELYING ON PURCHASER'S OWN DUE DILIGENCE INVESTIGATION
IN MAKING ITS DECISION TO PURCHASE THE PROPERTY AND HAS NOT RELIED ON
ANY REPRESENTATIONS OR WARRANTIES OF SELLER OR ANYONE ACTING ON
BEHALF OF SELLER, EXCEPT FOR THE LIMITED WARRANTY OF TITLE WHICH WILL
BE SET FORTH IN THE DEED AND THE REPRESENTATIONS AND WARRANTIES OF
SELLER EXPRESSLY SET FORTH IN THIS CONTRACT. EXCEPT AS SET FORTH IN THE
DEED AND IN THIS CONTRACT, THE PROPERTY IS BEING SOLD "AS IS" AND
WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, EXCEPT AS EXPRESSLY PROVIDED IN THIS CONTRACT, SELLER
MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER THE PROPERTY IS
IN VIOLATION OF ANY CITY, STATE OR FEDERAL LAWS, RULES, CODES, ORDERS,
REGULATIONS OR ORDINANCES (COLLECTIVELY CALLED "LAWS"), INCLUDING,
WITHOUT LIMITATION, ANY LAWS RELATING TO THE ENVIRONMENTAL
CONDITION OF THE PROPERTY. THIS PROVISION SHALL SURVIVE THE CLOSING
AND SHALL BE INCLUDED IN THE DEED.
Section 10. Seller's Covenants.
(a) Updating of Information. Seller acknowledges that Purchaser will rely upon the Due
Diligence Material 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. Otherwise, Seller
provides no warranty as to the accuracy or completeness of the Due Diligence Material.
(b) Prohibited Activities. During the term of this Contract, Seller shall not, without the prior
written consent of Purchaser, which consent Purchaser shall have no obligation to grant and
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, 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
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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 Contract, Seller will
cooperate with Purchaser in such manner and at such times as Purchaser may reasonably
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, and Seller shall bear no cost or incur any liability in connection
with such cooperation.
Section 11. Broker. Seller and Purchaser each represents to the other that it has had no dealings,
negotiations, or consultations with any broker, representative, employee, agent or other intermediary in
connection with the sale of the Property, other than Orr & Associates ("Seller's Broker"). Seller shall pay
a commission to Seller's Broker pursuant to a separate written agreement between Seller and Seller's
Broker.
Section 12. Closing Documents. No later three (3) business days prior to the Closing, Seller shall
deliver to Purchaser copies of the closing documents described in Section 8(a)(i) for Purchaser's review.
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: Jeremy Van Rite
Telephone: 817-3 92-2574
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:
Walker Family Trust
PO Box 457
Burleson, Texas 76058
With a copy to:
Russell Norment
Brackett & Ellis, PC
100 Main Street
Fort Worth, Texas 76102
(d) 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 (except as provided
below), 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 parry 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 receive a refund of the Earnest Money, and neither party hereto shall
have any further rights or obligations hereunder, except the Surviving
Obligations;
(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 Obligations. 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
executed and delivered at the time of the Closing. All representations and warranties by Seller in this
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Agreement shall survive Closing for a period of twelve (12) 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. Taking Prior to Closing. If, prior to Closing, the Property or any portion thereof becomes
subject to a taking by virtue of eminent domain, Purchaser may, in Purchaser's sole discretion, either (i)
terminate this Contract 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. Governing 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 f
or 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. Terminologv. 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.
Contract of Sale and Purchase Page - 10 - of 20
Walker Family Trust
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 29. City Council Approval. 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").
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
Contract of Sale and Purchase Page - 11 -of 20
Walker Family Trust
This Contract is EXECUTED as of the Effective Date.
SELLER:
WALKER FAMILY TRUST
Donna walker Sni✓ey
By: Donna Walker -Spivey (Oct 7, 202409:`Ll CDT)
Donna Walker -Spivey
Date: Oct 7, 2024
PURCHASER:
CITY OF FORT WORTH, TEXAS
twt.'v gur-#lui
Ct By: Dana Burghdoff(O,202419: 7CDT)
Dana Burghdoff, Assistant City Manager
Date: Oct 5, 2024
o F9GORrnaaa
°
Ogg° °�10
°v� % o d
�ATTEST:
�
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oaaa
a nEX
U
Jannette S. Goodall
City Secretary
M&C: 24-0806
Date: September 17, 2024
APPROVED AS TO LEGALITY AND FORM:
Matthew A. Murray
Assistant City Attorney
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Austen Lopes, Land Agent
Property Management Department - Real Estate Division
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Contract of Sale and Purchase Page - 12 - of 20
Walker Family Trust
By its execution below, Title Company agrees to perform its other duties pursuant to the provisions of
this Contract.
TITLE COMPANY: Alamo Title
L�.�ers�e 5. Xz"&
By: Lavonne S. Keith (Oct 7,202409:24 CDT)
Name: Lavonne S. Keith
Title: Escrow Officer
Date: Oct 7, 2024
Contract of Sale and Purchase Page - 13 - of 20
Walker Family Trust
Exhibit A
The Land
LUNG A TRACT OF LAND UXATED IN THE sHkEv LEE '- AJ L14yEY. "ETRbDT NIJ*3ER 931, TdRRANT ZOLN(TY, TEMAS,
A4D BEING 4 RD"Dill OF A TRAIT OF L E I E YUEEO TO W6LKER FAMILY TFlJS7. 6y7 HEGCORDE7 IN
1Na'TRuI4E)-T NOIIBEF IN13207713. OFF].A • AU - A:.-: ;. TAR110Nr UOuh". TEVAS fOPRTGT.) AWP BU14
MARE PARnVJL RLY CESCIISE0 BY METE -N� a'.k.1N,"- At} FnilGVI'Z.
BB14NK AT k 5/0 kaCH RCN 4^n h17H -AP ST aPED 'SHELL` EMf4NEERINV3EF @EkaG THE SOUTHERN LIM
SoJll-165Sr CANm OF &*io wAuE F-,ILr TRACT AND Mw IN THE NLAM RIGHT-or-■wY LINE OF 2AJIN_F,ON+
RETTk RD {As WAAKE 'A DTH ;I:.HT- F-:.,;f; FROM wFlrH At 1 INCH pON ROD F0Vmn WpF-1n NCFTH QQ' 13.W
HEST, A DISTANCE OF 11.1;: FEET
THENCE NORTH 89'S9'22`11FE:.T - I T-'• E -.-F z11 FEET RS A I INCH IRON ROD FCiJSA BEING THE 03116I0W
`3C{TFM'EST CORNER OF S+J': o-IJE F=• Li T = 1 = REEgR#.NT MINER OF BLOCk 8, FORT WORM SPINKS
AIF"M Ar, AODrnON+ TO THE - If i F F • T h -TH T= • A'aT "O ffiTTY. TExFS !.5 SFOM ON THE PLkT THEREOF
AaD REC-.R=ED IN CkRIKET b, 5LI' E . '•LAT RFCDA.C5, TAJ;.44TJI COUNTY_ TEXAS fF.R.T.C.r.),
THENCE I% 16 ka.RTFERLr 'FE n • ••ITH THE COR46 N HEST LNE 4F SUI` WALkER FAiALY TRACT AND THE EAST
LINE 4F RAJ2 F4U 10--lH h k -1 ' T THE FOLLOfNWG COLYH5E3 AND L45TMCES
NORTH DG'32'3S'1hE yT 5°_'a'.' _T = I:TL,CE DF M.34 FEET A 1/2 k4GH IRMN RBD FIYJND, CONTINLING A
TDTAL DISTANCE OF 2,1".06 FEET T - ' ::FETE 6IOBU6IE79r WITH 2 INCH 9RAS5 DISC F;_IJND;
SQUIH EVZW T AEST_ A DISTA4:E tiF 3L',,y-3 FEET M A D7N;RETE 61OWWENr WITH 2 PGH BRAS INK
P3UNOI
NORTH 0631'2B'7•EuT_ h DISTAWE OF 2%.W FEET Th A CON; R TE MukuwEwr KITH 2 h1GH hkwti 01_C
PDUN3;
N CATH f!%Y40'OS` EAT - 'I-T-,W.E OF 309.0s:� FEET TO As 510 INCH IRLA Rfr.i wi1H CAP STiuPET7 'SHELD
EN41xEEMNCSET (P- EI- a WwwONa wEN'r-NT ;:UNwER OF MD wAUEN F{MLT TOXI; FNO THE
NGFI}TAEST `-E F = T•5_T OF : IN
DE:: 1IEV YY DEM rZ, THE CITY C FORT �A?'IH, AND REl+ MED
IN5TWw1,•T , E '(44. 0.PRTcT
THExi,E 1% TWE TE Li I E `H: . F ITH THE afT1fRLY LINE Of W) ■ -LkER F+wILY T4P T ANJ
THEiM ::FF T THT- TU.ETHEFLL I. 4 E AmuWTAWE4
SALITH - 2 .:1 E.-.T A 13STA CE OF FEET IRS,
NORTH E'.'54.32- Er.,T, A 'JI57ANCE OF 119.D9 FEET T.. M IV,
NORTH Wa-.'13`EAST, A DI5TAME 9F 56,85 FEET T4 A ' - EIE W=#ILkfMT WITH 2 INCH 1311655 015E FOUHD
Ea NC r. COWiA Aq N07FNERN C.ORhER OF SAC] WALNER F)WIL. T •T L!,' THE NORTHEAST IDRNER OF SAID CfTY
OF F RT WCRTH TRJA'T, ALSO BEND AN ELL CORNER OF SLAIN F T -, -'TH SP1NkS AIRPORT AhO THE SA'EST
60RNER OF A TRACT OF L4W DESI..MFIE: 3f DEED T4 DREHLth i E TE3;PFl15E, INC.. A TEKAS UNITED U6RLITi
40RPDRARIDo4, AND RJE=ED IN INZr.4ENT hUYEER D21EIC4L9=, G.P.R.T.C.T.,
THENCE NORTH 64'4'4•i�`ENST, WITH THE ;uµpk %ORTH LINE OF SAO WALKER FAMILY TROT AND THE SOUTH UNE
OF SAID 4PE55LANU ENTE17111SE T-- r. - AST614GE OF 414.-w FEET T4 A V4 NrH IRCN RJGO FOUND IN THE
WEST LINE OF A TRiXT DF LAM] JE... -I -E '-Y DEED T_ AARON K. SHEHAN, AND RECORDED IN INSTRJWEHT NUWSER
D213161721 , O.P.RT.C.T.;
THENCE SOUTH 0C'W30'wESr. wITH THE �E�T LINE OF �*I9 AAROH k SHEHAw TACT_ A IAST.vaCE OF 2;1D.03 FEET
T13 ALN INS• 8E1tiC THE 93L1TH`NES7 CORNEA: OF SAID AAR7,N K. SHEHAN TRACT:
THENCE 60k 69'WAO'EnT, WrrH THE %OwTH LINE OF SI'10 MROw k '; E}{.,w TRAT, A DIPANGE Cf 53.5+ FEET
TO AN IRS:
THENCE OENAEF+IIY kO4G A FDCE, 0011 AND AC"!1 MO 1FALKER F-ILY T*AfiK. THE FOLLO+NG W -I)
CAST-GE3:
SOLITH DI'29'S7' -E.ST, A DISTANCE OF 1.97.9E FEET M A FENCE PMT,
SOLITH 56 W,7 E-T, A 6157ANCE OF 13E.36 FEET T4 A FENCE POST,
SOLITH 5_ - '' ER, A DISTANCE OF zm.C9 FEET m A 1 f4 INCH IRON R4D WITH CAP STAHFfD 'RPLS ^55"'
FUJNJ 9EI'. THE w:7R7HhES7 CORNER CF k TRAIT OF LAND DESCRIBED BY DEED TO .ETPESa 1. LAW
14wT3ZkEI�7 LLC, k TE'YA6 LMd7EO LAGUrf OCRROR4T1DN, AND RECCIREIM IN INe1PoJWENr ,AUWBER 0222ND174,
O.F.R.7j2.T
THE --GE S0,TH ... s'E}T. WITH THE • E:•T LINE OF 5A'IG JETFESGC TR4.Z_ A DISG'NCE vF -3E 1.2* FEET T4 h
112 IAO%- L::. :.TRH - TLL E L ' Fs'URD BEING THE COMWOI WJJHWEST CORNER OF SAID JETRESOO
TRACT s• - THE . TH-'-E T ' "-,.E- F - T•- T OF LAND CIESrREED ETY EEED TO HESTER GUrTERr riti'ESTki7111
I.I.C. b TE•- LI- TTE LI- iLTIi -Tl . -'i_ RE OR'IED IN INSTRJWENT NUMBER D2133B642.3, 4.P.R.T.C.7.:
THE'. E TH ' : E T •RR THE E T LINE NJF =11 FIE .TEA GuTTERT Tlvff, A% O1s7ANCE OF 251..67 FEET
Ts = FE• E •T El • THE ' THE- T •E' OF �- 7:z'.1 ZF Lb NO DESCRIBED EY D® TO WILLOW L
!,,KYEi Ak EITi I --E E E I'. I` T AENI %! U EAR D20121,%933, 4.P.R.T.G.T.;
THEV:E N"f-TH • . E T ITH THE TH LI .E F , PIP k .,U TWr. A DISTANCE OF .113.32 FEET TO +.
FE' 'E i,; fST El • THE ' TWE T E F =1 I "E T - T.
THE'. E Sf;. TH .`.f:'67;, E- T :,TTH THE • E T U' E F -1 k E. T?-''T A TAFT);%rE O 7IFEET Ti L .
I H I E F - HEIN: TFIE -"' TH E T .E F -4 1 E' T - T -�vi5 AF , E: E .TI .E •-U E
F=•. Li T - T =Ll r: 7E1'. THE . TH- E T ' • E • FLT L .Y '. H . . , H L t :. rn ' - , .rn T.
THE M F F -T F' TH T= • - .T .Ti. TExt•„ nt, ,H..- . °;', THE rLT THE-E'1F AAf, REL::.RwEb Ix
1• T. "E••T . E T .:T
THE3{E _4_TH E;;' T, HTTH THE Ek=TEHLY LINE OF SAID KLLYER FAMLY TRACT, AND THE IAMT
LINE OF SSJ3 KP,0301A HALL B=Drnak. PAS=1 , rT A DISTANCE OF AB3 SC FEET a !{2 INCH 1;;0•A FCD FOU4U
FFIN: THE NO-THHEST CCRIE ' F '-,ID KJf,' 1 HALL AXIITICH AND THE ' •THNEST COR E9 4F LIDT !, SL.fih
I, WHATLEY AXATID4, A4 A% IR T. THE rITi 'F FCRr WORTH, Te:Pr-,T .'iTf, TERA5, AS SHDYM ON THE ?LXT
THENEDF AND RE-3 RDM Iti k'.':.T..E.,T E- i1371 A. _ �.µ r. T.. - °I44 AT A C157AWE OF Ma.BU
FEET A I HIGH I944 HD-3 FOLL%D : EI THE TH E T : _ RNEN+ 'F a H-TLEi' ADDTTIDN, AND THE NEK71iMEST
44:RhER 4F LOT 1, 9LCIrK : 6',AtY- EST-TE - - TTI • TO THE ITi .F F-ART H4FIH, TAPRANT {DLN41Y, TEAbE,
83 EHDW4 4N THE ILAT THEINEPF kl,;'' HE': E I I - T�UMEkT ' : E J2;60152 53_ C.P.R.T.G.T._ GCNARIUN'. A
TOTAL DITW4CE cF '.T92.aa FEET M THE . I T F E Ihwlyu a. T=141N; - 69.-c6 Tia wk FEET OK
Ml)22 !+CREa OF LANC. WOE OR LBS
Contract of Sale and Purchase Page - 14 - of 20
Walker Family Trust
Exhibit B
Form of Special Warrantv Deed
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.
SPECIAL WARRANTY DEED
Date:
Grantor: WALKER FAMILY TRUST
Grantor's Mailing Address (including County):
PO BOX 457
BURLESON, JOHNSON COUNTY, TEXAS 76058
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
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.
Contract of Sale and Purchase Page - 15 - of 20
Walker Family Trust
GRANTOR DOES HEREBY EXPRESSLY RELEASE AND WAIVE, ON BEHALF OF THE
GRANTOR AND THE GRANTOR'S HEIRS, SUCCESSORS, AND ASSIGNS, ALL RIGHTS
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, ON 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, when the claim is by, through or under Grantor, but not otherwise, 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.
GRANTEE IS RELYING ON GRANEE'S OWN DUE DILIGENCE INVESTIGATION IN
MAKING ITS DECISION TO PURCHASE THE PROPERTY AND HAS NOT RELIED ON ANY
REPRESENTATIONS OR WARRANTIES OF GRANTOR OR ANYONE ACTING ON BEHALF
OF GRANTOR, EXCEPT FOR THE LIMITED WARRANTY OF TITLE WHICH WILL BE SET
FORTH IN THISE DEED AND THE REPRESENTATIONS AND WARRANTIES OF GRANTOR
EXPRESSLY SET FORTH IN THAT CERTAIN CONTRACT OF SALE AND PURCHASE
BETWEEN GRANTOR AND GRANTEE DATED MAY , 2024 (THE "CONTRACT").
EXCEPT AS SET FORTH IN THIS DEED AND IN THE CONTRACT, THE PROPERTY IS
BEING SOLD "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, EXCEPT AS EXPRESSLY PROVIDED IN THIS CONTRACT, SELLER
MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER THE PROPERTY IS IN
VIOLATION OF ANY CITY, STATE OR FEDERAL LAWS, RULES, CODES, ORDERS,
REGULATIONS OR ORDINANCES (COLLECTIVELY CALLED "LAWS"), INCLUDING,
WITHOUT LIMITATION, ANY LAWS RELATING TO THE ENVIRONMENTAL CONDITION
OF THE PROPERTY.
Contract of Sale and Purchase Page - 16 - of 20
Walker Family Trust
Date:
NOTICE: This document affects your legal rights. Read it carefully before signing.
(Acknowledgment)
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared
of Walker Family Trust, 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
Walker Family Trust, a non-profit 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]
Contract of Sale and Purchase Page - 17 - of 20
Walker Family Trust
ACCEPTED AND AGREED TO:
CITY OF FORT WORTH
Dana Burghdoff,
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Matthew A. Murray
Assistant City Attorney
M&C:
Date:
(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
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
Contract of Sale and Purchase Page - 18 - of 20
Walker Family Trust
EXHIBIT "A"
THE PROPERTY
Contract of Sale and Purchase Page - 19 - of 20
Walker Family Trust
EXHIBIT "B"
PERMITTED ENCUMBRANCES
Contract of Sale and Purchase Page - 20 - of 20
Walker Family Trust
FORTWORTH
September 26, 2024
Walker Family Trust
PO Box 457
Burleson, Tx 76097
RE: CPN 105777 55FWS FY24 Land Acq
Parcel No. 1 Fee Simple
13300 Oak Grove Road S
Lee Abner Survey Abstract 931 Tract 4A 4A1 4K1 A 4K2 $L2 4M3 & 4M3A
Dear Walker Family Trust:
This letter will confirm our ongoing discussions with you concerning the City of Fort Worth ("City")
acquiring a portion of your property, located at 13300 Oak Grove Rd S in Burleson, Texas, for the
Spinks Airport Land Acquisition Project.
Based on our previous discussions, the City is requesting the subject property be prepared for
conveyance. In order for the City to accept the property it will require the following location(s) and/or
items to be cleaned or removed from the property:
a. Location of remnant gas well pad installation equipment.
b. Location of remnant piping
C. Semi -Truck Cab
d. Miscellaneous trash and debris.
e. Remaining Tote(s)
Thank you again for your time and consideration regarding this community improvement effort.
Should you have any questions regarding this letter or the details about the type of facility or
improvements to be built, or concerns about this purchase transaction, please give me call at 817-
392- 2567 or contact me via email at austen.lopes@fortworthtexas.gov.
Sincerely,
CITY OF FOR WORTH
JLen�Zrpe , Land Agent
PMD — Real Estate Division
PROPERTY MANAGEMENT DEPARTMENT- REAL ESTATE DIVISION
THE CITY OF FORT WORTH * 900 MONROE STREET, SUITE 400 * FORT WORTH, TEXAS 76102
(817) 392-7590 * FAx (817) 392-7591
REV. 20230211
City of rO ft `n o fth Fort
Texas Street
` I r �/ V Fort Worth, Texas
Legislation Details
File #: M&C 24-0806 Version: 1 Name:
Type: Land - Report of CM Status: Passed
File created: 9/11/2024 In control: CITY COUNCIL
On agenda: 9/17/2024 Final action: 9/17/2024
Title: (CD 8) Authorize the Acquisition of a Fee Simple Interest in Approximately 36.022 Acres of Land
Located at 13300 Oak Grove Road, Burleson, Tarrant County, Texas from The Walker Family Trust in
the Amount of $1,800,000.00, Pay Estimated Closing Costs in an Amount Up to $30,000.00 for the
Fort Worth Spinks Fiscal Year 2024 Land Acquisition Project, Adopt Appropriation Ordinances, and
Amend the Fiscal Years 2024-2028 Capital Improvement Program
Sponsors:
Indexes:
Code sections:
Attachments: 1. M&C 24-0806, 2. MAYOR AND COUNCIL COMMUNCATION MAP.pdf, 3. ORD.APP_21 CPN
105777-55FWS LAND ACQUISITION EAST _55001_AO24(r2).pdf, 4. ORD.APP_21CPN 105777-
55FWS LAND ACQUISITION EAST_55002_AO24(r3).pdf
Date Ver. Action By Action Result
9/17/2024 1 CITY COUNCIL Approved
City of Fort Worth Page 1 of 1 Printed on 9/23/2024
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Export Detail Data
105777 55FWS LAND ACQUISITION EAST
55002 Municipal Airport Capital Proj
Total Revenue:
New Capital Project Funds
55002 Municipal Airport Capital Proj
0550435 Aviation Municipal Airports
Total Expenditure
Project 105777
<< Back FSCM 92 Production
Page 1 of 1
GL0019-07 - Project Budget Summary
RunTime: 09/26/2024 11:13 AM
$1.830.000.00 $1.830.000.00 $0.00 100.00
$1,830,000.00 $1,830,000.00 $0.00 100.00
®Pre' Encumbrance Actuals Encumbrance Remaining Budget Spent
,
$1,830,000.00 $0.00 $0.00 $0.00 $1,830,000.00 0.00
$1,830,000.00 $0.00 $0.00 $0.00 $1,830,000.00 0.00
$1.830.000.00 $0.00 $0.00 $0.00 $1,830,000.00 0.00
$1.830.000.00 $0.00 $0.00 $0.00 $1,830,000.00 0.00
$1,830,000.00 $0.00 $0.00 $0.00 $1,830,000.00 0.00