HomeMy WebLinkAboutContract 63230Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
CSC No. 63230
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 Barbara
Goldwater Mahaffey, as Independent Executor of the Estate of David M. Mahaffey, deceased, Richard
Bruce Mahaffey, as personal representative of the Estate of Carroll Joe Mahaffey, deceased, Gregory L.
Mahaffey, Trustee of the CVM Family Trust Dated August 16, 2011, Dena Marie Mahaffey Brown, and
Joseph Duane Mahaffey (collectively, the "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 41.202
acres of land in the J. Wilcox Survey No. 39, Abstract 1728, Tarrant County, Texas, and being all of that
certain the called 10.4 acres tract described in a deed to Mark Mahaffey, recorded in Volume 1722, Page
48, Deed Records, Tarrant County, Texas, (D.R.T.C.T.), the called 4 acre tract described in a deed to
Mark Mahaffey, recorded in Volume 1647, Page 382, D.R.T.C.T., the called 20.9 acre tract described in
a deed to Mark Mahaffey and wife, Josephine Mahaffey, recorded in Volume 2021, Page 604,
D.R.T.C.T., and the called 8 acre tract described in a deed to Mark Mahaffey and wife, Josephine
Mahaffey, recorded in Volume 2225, Page 172, D.R.T.C.T., and being all of the land described in a
warranty deed recorded in Volume 6863, Page 1353, D.R.T.C.T. (the "Land"), as more particularly
described in Exhibit "A," attached hereto and incorporated herein for all purposes, 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) Notwithstanding anything herein to the contrary, Seller hereby retains and reserves from
this conveyance (and the Property does not include) for itself, and its successors and assigns, one (1)
non-exclusive access easement, as more particularly described in Exhibit `B," attached hereto and
Contract of Sale and Purchase OFFICIAL RECORD
Mahaffey Family CITY SECRETARY
FT. WORTH, TX
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
incorporated herein for all purposes. A reservation of the access easement will be included in the Deed
(as defined below).
Section 2. Earnest Monev 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 Fifteen Thousand Dollars and 00/100
($15,000.00) 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 refunded to Purchaser except for Five Hundred Dollars and 00/100
($500.00), which shall be retained by Seller as Independent Consideration, if (i) 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.
(b) The purchase price ("Purchase Price") for the Property, payable by Purchaser to Seller
at Closing, is One Million, Five Hundred Thousand Dollars and 00/100 ($1,500,000.00).
Section 3. Title Commitment and Survev.
(a) Within fourteen (14) 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, 4217 Camp Bowie Blvd, 3rd Floor, Fort Worth, TX 76107, 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 Purchaser,
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 data, 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 thirty (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 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 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
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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.
(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, 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. 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 60 (sixty)
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,
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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) 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-one (31) 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 "C". 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
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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.
(5) Seller and Purchaser shall each pay one-half of all recording fees and one-half
of 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 of every kind except those disclosed in the Permitted
Encumbrances.
Section 9. Seller's Reuresentations. 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;
(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;
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(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,
(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.
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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
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
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. Purchaser hereby warrants that Purchaser has not employed or used any broker,
finder or agent in connection with this Agreement and the consummation of the transaction contemplated
by this Agreement on Purchaser's behalf. Seller hereby warrants to Purchaser that PCR Brokerage Dallas -
Fort Worth, LLC d/b/a Partners and Seller ("Seller's Broker") represents Seller in connection with this
Agreement and the consummation of the transaction contemplated by this Agreement on Seller's behalf.
Seller shall be solely responsible for all commissions, fees, or other compensation due to Seller's Broker.
Seller hereby agrees to indemnify, defend and hold harmless the Purchaser from and against any
liability, cost or expense, plus all costs of collection, including litigation expenses and attorneys'
fees, as a result of a claim for a commission, fee or other compensation made by any real estate
broker, finder or other person and asserted against the Purchaser by reason of an arrangement
made or alleged to have been made by the Seller. The "Information About Brokerage Services" form
from Seller's Broker is attached hereto and incorporated herein for all purposes as Exhibit "D."
Section 12. Closing Documents. No later than 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
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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
100 Fort Worth Trail
Fort Worth, Texas 76102
Attn: Austin DeGuire, J.D.
Telephone: 817-392-2311
With a copy to:
Matthew A. Murray
City Attorney's Office
100 Fort Worth Trail
Fort Worth, Texas 76102
Telephone 817-392-7600
(c) The address of Seller under this Contract is:
Barbara Goldwater Mahaffey, as Independent Executor of the Estate of David M.
Mahaffey, deceased
10810 Fawn View
Houston, Texas 77070
With a copy to:
Gregory L. Mahaffey, Trustee of the CVM Family Trust
1804 Cedar Hill Rd
Norman, Oklahoma 73072
(d) From time to time either party may designate another address or fax number under this
Contract by giving the other parry 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.
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(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 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
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.
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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.
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 Annroval. 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.
[signature page follows]
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
This Contract is EXECUTED as of the Effective Date.
SELLER:
Barbara Goldwater Mahaffey, as Independent Executor of the Estate of David M. Mahaffey, deceased,
Richard Bruce Mahaffey, as personal representative of the Estate of Carroll Joe Mahaffey, deceased,
Gregory L. Mahaffey, Trustee of the CVM Family Trust Dated August 16, 2011, Dena Marie Mahaffey
Brown, and Joseph Duane Mahaffey
o-.QDocuSeigned by//:+'
�R2i� VlOL�WGilP/L /'(GAY
By: O 11 0
Barbara Goldwater Mahaffey, as
Independent Executor of the Estate of
David M. Mahaffey, deceased
Date: 4/16/2025
FD,oc'ugSi-g(n�ed by
j
Y _�sassr3zgel.e�...
Richard Bruce Mahaffey, as personal
representative of the Estate of Carroll Joe
Mahaffey, deceased
Date: 4/15/2025
/ DDoccuu/JSiijgned by:
By: ar�aannn�n�����a 1
Gregory L. Mahaffey, Trustee of the CVM
Family Trust Dated August 16, 2011
Date: 4/15/2025
Signed by:
By:
r ---
Dena Marie Mahaffey Brown
Date: 4/15/2025
Signed by: ���(/.�W��
By: F6s(fL Olti V t, l�tA a' '
Y 4l.V 7/14215WXV.
Joseph Duane Mahaffey
Date: 4/15/2025
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
PURCHASER:
City of Fort Worth, Texas
a�
By: Dana Burghdoff (May 20251 CDT)
Dana Burghdoff, Assistant City Manager
Date: 05/06/2025
ATTEST: q vvR`P
� pOlyO9dd
Oro ,JIO
P,Vg g=d
Jannette S. Goodall °�o*
City Secretary as°° nEoogbp
M&C: 24-1022
Date: November 19, 2024
APPROVED AS TO LEGALITY AND FORM:
iYla�iYl &-tw,y
Matthew Murray (May 2,202513:4 DT)
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.
Austin DeGuire, J.D., Land Agent
Property Management Department — Real Estate Division
OFFICIAL RECORD
Contract of Sale and Purchase CITY SECRETARY
Mahaffey Family FT. WORTH, Tx
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
By its execution below, Title Company agrees to perform its other duties pursuant to the provisions of
this Contract.
TITLE COMPANY: Alamo Title
12
Name:
Title:
Date:
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
Exhibit A to Contract of Sale and Purchase
The Land
BEING A TRACT OF LAND SITUATED IN THE J. WILCOX SURVEY NO. 39, ABSTRACT
NUMBER 1728, TARRANT COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN THE
CALLED 10.4 ACRES TRACT DESCRIBED IN A DEED TO MARK MAHAFFEY, RECORDED IN
VOLUME 1722, PAGE 48, DEED RECORDS, TARRANT COUNTY, TEXAS, (D.R.T.C.T.), THE
CALLED 4 ACRE TRACT DESCRIBED IN A DEED TO MARK MAHAFFEY, RECORDED IN
VOLUME 1647, PAGE 382, D.R.T.C.T., THE CALLED 20.9 ACRE TRACT DESCRIBED IN A DEED
TO MARK MAHAFFEY AND WIFE, JOSEPHINE MAHAFFEY, RECORDED IN VOLUME 2021,
PAGE 604, D.R.T.C.T., AND THE CALLED 8 ACRE TRACT DESCRIBED IN A DEED TO MARK
MAHAFFEY AND WIFE, JOSEPHINE MAHAFFEY, RECORDED IN VOLUME 2225, PAGE 172,
D.R.T.C.T., AND BEING ALL OF THE LAND DESCRIBED IN A WARRANTY DEED RECORDED
IN VOLUME 6863, PAGE 1353, D.R.T.C.T., AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID J. WILCOX
SURVEY NO. 39, ABSTRACT NO. 1728 BEING THE COMMON MOST
NORTHERLY NORTHEAST CORNER OF THE TRACT DESCRIBE AS TRACT 1 IN A DEED TO
DAVID MAHAFFEY, RECORDED UNDER INSTRUMENT NO. D219017150, BEING THE
NORTHEAST CORNER OF A CALLED 10.4 ACRES TRACT DESCRIBED IN A DEED TO MARK
MAHAFFEY, RECORDED IN VOLUME 1722, PAGE 48, D.R.T.C.T., AND THE NORTHWEST
CORNER A TRACT OF LAND DESCRIBED BY DEED TO THE CITY OF FORT WORTH, AS
RECORDED IN VOLUME 699, PAGE 291, D.R.T.C.T., AND BEING THE POINT OF BEGINNING
OF THE HEREIN DESCRIBED TRACT;
THENCE S 00021'53" E, WITH THE COMMON EAST LINE OF SAID TRACT 1 AND THE CALLED
10.4 ACRE TRACT AND THE WEST LINE OF THE CITY OF FORT WORTH TRACT, A DISTANCE
OF 402.29 FEET, TO A CONCRETE MONUMENT WITH A 2-INCH BRASS CAP STAMPED "LAKE
WORTH BOUNDARY SURVEY" FOUND FOR CORNER;
THENCE S 00015'49" E, CONTINUING WITH SAID COMMON LINE, AND PASSING THE
COMMON SOUTHEAST CORNER OF THE CALLED 10.4 ACRE MAHAFFEY TRACT AND THE
NORTHEAST CORNER OF A CALLED 4 ACRE TRACT DESCRIBED IN A DEED TO MARK
MAHAFFEY, RECORDED IN VOLUME 1647, PAGE 382, D.R.T.C.T, A DISTANCE OF 1,149.46
FEET, TO A CONCRETE MONUMENT WITH A 2-INCH BRASS CAP STAMPED "LAKE WORTH
BOUNDARY SURVEY" FOUND AT THE COMMON SOUTHWEST CORNER OF THE CITY OF
FORT WORTH TRACT AND THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED
TO THE CITY OF FORT WORTH, AS RECORDED IN VOLUME 536, PAGE 321, D.R.T.C.T.;
THENCE S 00037'38" E ALONG THE COMMON EAST LINE THE CALLED 4 ACRE TRACT,
TRACT I AND THE WEST LINE OF SAID CITY OF FORT WORTH TRACT AND CONTINUING
ALONG THE COMMON EAST LINES OF THE REMAINDER OF A CALLED 20.9 ACRE TRACT
DESCRIBED IN A DEED TO MARK MAHAFFEY AND WIFE, JOSPHINE MAHAFFEY,
RECORDED IN VOLUME 2021, PAGE 604, D.R.T.C.T. AND THE EAST LINE OF THE TRACT
DESCRIBED IN A CORRECTION WARRANTY DEED TO MARGERY RUTH BRINKLEY,
RECORDED UNDER INSTRUMENT NO. D179087695, AT A DISTANCE OF 1,328.77 FEET,
PASSING A 1-INCH AXLE FOUND IN AT THE SOUTHEAST CORNER OF THE J. WILCOX
SURVEY NO. 39, ABSTRACT NO. 1728, AND CONTINUING A TOTAL DISTANCE OF 1,360.61
FEET, TO A 5/8 INCH IRON ROD WITH CAP STAMPED "SHIELD ENGINEERING" FOUND AT
THE COMMON SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AND THE
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
NORTHEAST CORNER OF THE FAMILY CHRISTIAN CENTER OF THE ASSEMBLIES OF GOD
INC., RECORDED IN INSTRUMENT NO. D202241611, O.P.R.T.C.T;
THENCE S 88038'38" W ALONG THE COMMON NORTH LINE OF SAID FAMILY CHRISTIAN
CENTER TRACT, BEING THE SOUTH LINES OF SAID BRINKLEY TRACT, AND THE
FOLLOWING TRACTS: DESCRIBED IN A CORRECTION WARRANTY DEED TO BILLY MARK
MAHAFFEY, RECORDED UNDER INSTRUMENT NO. D179087694, DESCRIBED IN A
CORRECTION WARRANTY DEED TO CHARLES V. MAHAFFEY, RECORDED UNDER
INSTRUMENT NO. D179087693, DESCRIBED IN A CORRECTION WARRANTY DEED TO
CAROL JOE MAHAFFEY, RECORDED UNDER INSTRUMENT NO. D179087692, A DISTANCE
OF 398.71 FEET, TO A 5/8 INCH IRON ROD WITH CAP STAMPED "SHIELD ENGINEERING" SET
AT THE COMMON SOUTHWEST CORNER OF THE SAID CAROL JOE MAHAFFEY TRACT AND
THE SOUTHEAST CORNER OF THE CALLED I -ACRE TRACT DESCRIBED IN A WARRANTY
DEED TO PAUL MAHAFFEY, RECORDED IN VOLUME 3425, PAGE 113, D.R.T.C.T.;
THENCE N 01 °21'22" W, WITH THE COMMON WEST LINE OF SAID CAROL JOE MAHAFFEY
TRACT AND THE EAST LINE OF SAID PAUL MAHAFFEY TRACT, A DISTANCE OF 435.60
FEET, TO A 5/8-INCH IRON ROD WITH CAP STAMPED "SHIELD ENGINEERING" SET FOR
CORNER IN A SOUTH LINE OF THE AFOREMENTIONED CALLED 20.9-ACRE TRACT;
THENCE S 88038'38" W, ALONG THE COMMON SOUTH LINE OF THE 20.9-ACRE TRACT AND
THE NORTH LINE OF SAID PAUL MAHAFFEY TRACT, AT A DISTANCE OF 100.00 FEET,
PASSING A 5/8 INCH IRON ROD WITH CAP STAMPED "SHIELD ENGINEERING" SET AT THE
COMMON NORTHWEST CORNER OF SAID PAUL MAHAFFEY TRACT AND THE NORTHEAST
CORNER OF THE CALLED 1-ACRE TRACT DESCRIBED IN A DEED TO PAUL GENE
MAHAFFEY, RECORDED IN VOLUME 6737, PAGE 1494, D.R.T.C.T., AND CONTINUING A
TOTAL DISTANCE OF 200.00 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "SHIELD
ENGINEERING" SET AT THE NORTHWEST CORNER SAID PAUL GENE MAHAFFEY TRACT;
THENCE S 01021'22" E ALONG A COMMON EAST LINE OF SAID 20.9-ACRE TRACT AND THE
WEST LINE OF SAID PAUL GENE MAHAFFEY TRACT, A DISTANCE OF 435.60 FEET, TO A
3/8-INCH IRON FOUND AT THE COMMON SOUTHWEST CORNER OF SAID PAUL GENE
MAHAFFEY TRACT AND THE SOUTHEAST CORNER OF THE CALLED 20.9 ACRE MAHAFFEY
TRACT IN THE NORTH LINE OF THE AFOREMENTIONED FAMILY CHRISTIAN CENTER
TRACT;
THENCE S 88038'38" W, ALONG THE COMMON SOUTH LINE OF THE CALLED REMAINDER
OF THE 20.9-ACRE TRACT AND NORTH LINE OF AFOREMENTIONED FAMILY CHRISTIAN
CENTER TRACT, A DISTANCE OF 397.84, TO A 5/8 INCH IRON ROD WITH CAP STAMPED
"SHIELD ENGINEERING" FOUND IN THE SOUTHWEST CORNER OF THE TRACT DESCRIBED
AS TRACT 2, TRACT B, IN A DEED TO DAVID M. MAHAFFEY, RECORDED UNDER
INSTRUMENT NO. D219017150, D.R.T.C.T., AND ALSO BEING IN THE NORTHEAST RIGHT-
OF-WAY LINE OF STATE HIGHWAY NO. 199 (JACKSBORO HIGHWAY);
THENCE N 40017'05" W ALONG THE NORTHEAST ROW LINE OF STATE HIGHWAY NO. 199,
A DISTANCE OF 259.75 FEET, TO A 5/8 INCH IRON ROD WITH CAP STAMPED "SHIELD
ENGINEERING" FOUND IN THE IN THE COMMON NORTH LINE OF TRACT 2, TRACT B AND
THE SOUTH LINE OF THE TRACT DESCRIBED IN A DEED TO LUTHER D. YOUNG AND WIFE,
IMA LOVE YOUNG, RECORDED IN VOLUME 4705, PAGE 980, D.R.T.C.T.;
THENCE N 89024'58" E, A DISTANCE OF 255.30 FEET, TO A 1/2-INCH IRON ROD FOUND AT
THE COMMON SOUTHWEST CORNER OF THE TRACT DESCRIBED AS TRACT 2, TRACT A,
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
IN SAID DAVID M. MAHAFFEY AND THE SOUTHEAST CORNER OF SAID YOUNG TRACT, IN
THE NORTH LINE OF SAID TRACT 2, TRACT B;
THENCE N 00035'02" W, DEPARTING THE NORTH LINE OF TRACT 2, TRACT BAND ALONG
THE COMMON WEST LINE OF TRACT 2, TRACT A, AND THE EAST LINE OF SAID YOUNG
TRACT, AND CONTINUING ALONG THE WEST LINE OF THE CALLED 20.9 ACRE MAHAFFEY
TRACT, A TOTAL DISTANCE OF 777.79 FEET, TO A 5/8 INCH IRON ROD WITH CAP STAMPED
"SHIELD ENGINEERING" FOUND AT ITS COMMON NORTHWEST CORNER AND THE
NORTHEAST CORNER OF SAID YOUNG TRACT, IN THE SOUTH LINE OF THE CALLED 8
ACRE TRACT DESCRIBED IN A DEED TO MARK MAHAFFEY AND WIFE, JOSEPHINE
MAHAFFEY, RECORDED IN VOLUME 2225, PAGE 172, D.R.T.C.T,;
THENCE S 89034'32" W ALONG THE COMMON SOUTH LINE OF THE CALLED 8 ACRE
MAHAFFEY TRACT AND THE NORTH LINE OF SAID YOUNG TRACT A DISTANCE OF 443.04
FEET TO A 1/2 INCH IRON ROD FOUND AT THE COMMON THE SOUTHWEST CORNER OF
SAID MAHAFFEY TRACT AND THE MOST EASTERLY SOUTHEAST CORNER OF THE TRACT
DESCRIBED AS TRACT 1 TO H. SELLERS, RECORDED IN VOLUME 6675, PAGE 25, D.R.T.C.T.;
THENCE N 00056'18" W ALONG THE COMMON WEST LINE OF THE CALLED 8 ACRE
MAHAFFEY TRACT AND THE MOST NORTHERLY EAST LINE OF SAID H. SELLERS TRACT,
SAME BEING THE COMMON LINE DESCRIBED IN A BOUNDARY LINE AGREEMENT
DESCRIBED BETWEEN M.H. ETHRIDGE AND WIFE, SALLIE BICKETT ETHRIDGE AND
JOSEPHINE MAHAFFEY, RECORDED IN VOLUME 5487, PAGE 322, D.R.T.C.T., A DISTANCE
OF 325.85 FEET, TO A 1/2 INCH IRON ROD FOUND AT THE COMMON NORTHWEST CORNER
OF THE CALLED 8 ACRE MAHAFFEY TRACT AND THE MOST NORTHERLY NORTHEAST
CORNER OF THE H. SELLERS TRACT, IN THE SOUTH LINE OF LOT 11, BLOCK 2, OF
COTTONWOOD CREEK ADDITION, AN ADDITION IN TARRANT COUNTY, TEXAS,
RECORDED UNDER INSTRUMENT NO. D205035017, O.P.R.T.C.T.;
THENCE N 88032'31" E ALONG THE SOUTH LINE OF LOT 11, BLOCK 2, AND CONTINUING
ALONG THE COMMON NORTH LINE OF THE CALLED 8 ACRE MAHAFFEY TRACT AND THE
SOUTH LINE OF LOTS 10, 9, 8 AND 7, BLOCK 2, A TOTAL DISTANCE OF 1,033.77 FEET, TO A
1/2 CAPPED IRON FOUND AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 2, OF SAID
COTTONWOOD CREEK ADDITION, IN THE WEST LINE OF THE AFOREMENTIONED 4 ACRE
MAHAFFEY TRACT;
THENCE N 00027'57" W ALONG THE SOUTH LINE OF LOT 7 AND CONTINUING ALONG THE
COMMON NORTHERLY WEST LINE OF SAID 4 ACRE MAHAFFEY TRACT, THE WEST LINE
OF THE AFOREMENTIONED 10.4 ACRES MAHAFFEY TRACT, AND THE EAST LINES OF LOTS
6, BLOCK 2 AND LOTS 13, AND LOTS 12. BLOCK 1, OF SAID COTTONWOOD CREEK, A
DISTANCE OF 1,602.96 FEET, TO A 5/8-INCH IRON ROD WITH CAP STAMPED "SHIELD
ENGINEERING" FOUND AT THE COMMON MOST NORTHERLY NORTHWEST CORNER OF
THE SAID 10.4 ACRE MAHAFFEY TRACT AND THE NORTHEAST CORNER OF LOT 12, BLOCK
1, OF COTTONWOOD CREEK ADDITION, FROM WHICH A CONCRETE MONUMENT WITH A
2-INCH BRASS CAP STAMPED "LAKE WORTH BOUNDARY SURVEY" AT THE SOUTHWEST
CORNER OF A TRACT DESCRIBED IN A DEED TO THE TARRANT COUNTY WATER
CONTROL AND IMPROVEMENT DISTRICT NO. 1, AS RECORDED IN VOLUME I I10, PAGE
390, D.R.T.C.T, BEARS S 89°00'07" WE A DISTANCE OF 535.93 FEET;
THENCE N 89000'07" E ALONG THE COMMON NORTH LINE OF THE CALLED 10.4 ACRE
MAHAFFEY TRACT AND THE SOUTH LINE OF THE TARRANT COUNTY WATER CONTROL
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
AND IMPROVEMENT DISTRICT NO. 1 TRACT, A DISTANCE OF 322.12 FEET, TO THE POINT
OF BEGINNING AND CONTAINING 1,794,774 SQUARE FEET OR 41.202 ACRES OF LAND.
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
Exhibit B to Contract of Sale and Purchase
Non -Exclusive Access Easement
BEING A TRACT OF LAND SITUATED IN THE J. WILCOX SURVEY NO. 39, ABSTRACT NO.
1728, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AND BEING A PORTION OF A
CERTAIN TRACT OF LAND DESCRIBED AS TRACT 2, TRACT B AND TRACT 2, TRACT A IN A
DEED TO DAVID M. MAHAFFEY, RECORDED UNDER INSTRUMENT NO. D219017150, DEED
RECORDS, TARRANT COUNTY, TEXAS, (D.R.T.C.T.), AND THE CALLED 20.9 ACRE TRACT
DESCRIBED IN A DEED TO MARK MAHAFFEY AND WIFE, JOSEPHINE MAHAFFEY,
RECORDED IN VOLUME 2021, PAGE 604, D.R.T.C.T., AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 5/8 inch iron rod with cap stamped "SHIELD ENGINEERING" found at the common
southwest corner of said David M. Mahaffey tract and the northwest corner of Family Christian Center of
the Assemblies of God Inc., recorded in Instrument No. D202241611, Official Public Records, Tarrant
County, Texas, (O.P.R.T.C.T.), and also being in the northeast right-of-way line of State Highway No. 199
(Jacksboro Highway);
THENCE N 40017'05" W, a distance of 200.96 feet to the POINT OF BEGINNING being in the west line
of said David M. Mahaffey tract and the northeast right-of-way line of State Highway No. 199 (Jacksboro
Highway);
THENCE N 40017'05" W, along the common west line of said David M. Mahaffey tract and said northeast
right-of-way line of State Highway No. 199 (Jacksboro Highway), a distance of 25.58 feet to a point for a
corner, from which a 5/8 inch iron rod with cap stamped "SHIELD ENGINEERING" found at the common
northwest corner of said Tract 2, Tract B and the southwest corner of the tract described in a deed to Luther
D. Young and wife, Ima Love Young, recorded in Volume 4705, Page 980, D.R.T.C.T., bears N 40°17'05"
W, a distance of 33.21 feet;
THENCE over and across said David M. Mahaffey tract and Mark Mahaffey tract the following courses
and distances:
N 88'17' 16" E, a distance of 188.23 feet to a point for a corner;
N 69°52'39" E, a distance of 52.74 feet to a point for a corner;
N 52°35'50" E, a distance of 257.09 feet to a point for a corner;
N 72°02'36" E, a distance of 56.78 feet to a point for a corner;
N 79°29' 37" E, a distance of 40.25 feet to a point in the west line of the tract described in a warranty
deed to Paul Gene Mahaffey, recorded in Volume 6737, Page 1494, D.R.T.C.T., from which a 5/8
inch iron rod with cap stamped "SHIELD ENGINEERING" found at the common northwest corner
of said Paul Gene Mahaffey tract and a south line of the called 20.9 acre tract, bears N 0V21'22"
W, a distance of 67.33 feet;
S 01°21'22" E, along the west line of said Paul Gene Mahaffey tract, a distance of 20.26 feet to a
point, from which a 3/8 inch iron rod found in the common southwest corner of said Paul Gene
Mahaffey tract and the north line of said Family Christian Center tract, bears S 01021'22" E, a
distance of 348.02 feet;
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
S 79°29'37" W, a distance of 35.73 feet to a point for a corner;
S 72°02'36" W, a distance of 52.05 feet to a point for a corner;
S 52°35'50" W, a distance of 256.70 feet to a point for a corner;
S 69052'39" W, a distance of 59.02 feet to a point for a corner;
THENCE S 8 8017'16" W, a distance of 175.52 feet to the POINT OF BEGINNING, and containing 11,741
square feet or 0.270 acres of land.
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
Exhibit C to Contract of Sale and Purchase
Form of Suecial 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: BARBARA GOLDWATER MAHAFFEY, AS INDEPENDENT EXECUTOR OF
THE ESTATE OF DAVID M. MAHAFFEY, DECEASED, RICHARD BRUCE
MAHAFFEY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF
CARROLL JOE MAHAFFEY, DECEASED, GREGORY L. MAHAFFEY,
TRUSTEE OF THE CVM FAMILY TRUST DATED AUGUST 16, 2011, DENA
MARIE MAHAFFEY BROWN, AND JOSEPH DUANE MAHAFFEY
Grantor's Mailing Address (including County):
Barbara Goldwater Mahaffey, as Independent Executor of the Estate of David M.
Mahaffey, deceased
10810 Fawn View
Houston, Harris County, Texas 77070
Grantee: THE CITY OF FORT WORTH, TEXAS A MUNICIPAL CORPORATION
Grantee's Mailing Address (including County):
100 Fort worth Trail
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:
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
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
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.
C. Grantor does hereby reserve the following described non-exclusive access easement, being
more particularly described in Exhibit "B," attached hereto and made a part hereof for all
purposes which: (i) is intended to be, and shall be, construed as a covenant running with the
life estate interest in the Benefited Property (as defined below); (ii) shall be appurtenant to the life
estate interest in the Benefited Property as more particularly described on Exhibit "C" (hereinafter
being called the Benefited Pronertv); (iii) shall terminate upon the expiration of the life tenant's
interest in the Benefited Property; (iv) shall include and reserve all incidental rights necessary for
the use and enjoyment of the easement for its intended purposes; (v) shall be exercised in
compliance with all applicable laws and permits, approvals, codes, and requirements of all
applicable governmental entities (including, without limitation, the Grantee, provided such rules
are of general applicability); (vi) shall be for the benefit and use of the owners of the Benefited
Property; and (vii) shall not permit aboveground attachments, equipment, or appurtenances without
the consent of Grantee, such consent not to be unreasonably withheld.
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 "D," 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, by, through or under Grantor, but not otherwise, except as to the Reservations
from Conveyance and the Exceptions to Conveyance and Warranty,
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
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.
GRANTOR:
Barbara Goldwater Mahaffey, as Independent Executor of the Estate of David M. Mahaffey, deceased,
Richard Bruce Mahaffey, as personal representative of the Estate of Carroll Joe Mahaffey, deceased,
Gregory L. Mahaffey, Trustee of the CVM Family Trust Dated August 16, 2011, Dena Marie Mahaffey
Brown, and Joseph Duane Mahaffey
Barbara Goldwater Mahaffey, as
Independent Executor of the Estate of
David M. Mahaffey, deceased
Date:
Richard Bruce Mahaffey, as personal
representative of the Estate of Carroll Joe
Mahaffey, deceased
Date:
an
Gregory L. Mahaffey, Trustee of the CVM
Family Trust Dated August 16, 2011
Date:
Dena Marie Mahaffey Brown
Date:
Joseph Duane Mahaffey
Date:
NOTICE: This document affects your legal rights. Read it carefully before signing.
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
(Acknowledgments)
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on by Barbara
Goldwater Mahaffey, as Independent Executor of the Estate of David M. Mahaffey, deceased.
[SEAL]
STATE OF TEXAS §
COUNTY OF HARRIS §
Notary Public in and for the State of Texas
My commission expires:
This instrument was acknowledged before me on Richard Bruce
Mahaffey, as personal representative of the Estate of Carroll Joe Mahaffey, deceased.
[SEAL]
Contract of Sale and Purchase
Mahaffey Family
Notary Public in and for the State of Texas
My commission expires:
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on Gregory L.
Mahaffey, Trustee of the CVM Family Trust Dated August 16, 2011.
[SEAL]
STATE OF TEXAS §
COUNTY OF HARRIS §
Notary Public in and for the State of Texas
My commission expires:
This instrument was acknowledged before me on Dena Marie
Mahaffey Brown.
[SEAL] Notary Public in and for the State of Texas
My commission expires:
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on Joseph Duane
Mahaffey.
[SEAL] Notary Public in and for the State of Texas
My commission expires:
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
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: 24-1022
Date: November 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
f►•T17►m
Notary Public
[SEAL]
AFTER RECORDING RETURN TO:
CITY OF FORT WORTH, A MUNICIPAL CORPORATION
c/o PROPERTY MANAGEMENT DEPARTMENT
100 FORT WORTH TRAIL
FORT WORTH, TEXAS 76102
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
EXHIBIT "A"
THE PROPERTY
BEING A TRACT OF LAND SITUATED IN THE J. WILCOX SURVEY NO. 39, ABSTRACT
NUMBER 1728, TARRANT COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN THE
CALLED 10.4 ACRES TRACT DESCRIBED IN A DEED TO MARK MAHAFFEY, RECORDED IN
VOLUME 1722, PAGE 48, DEED RECORDS, TARRANT COUNTY, TEXAS, (D.R.T.C.T.), THE
CALLED 4 ACRE TRACT DESCRIBED IN A DEED TO MARK MAHAFFEY, RECORDED IN
VOLUME 1647, PAGE 382, D.R.T.C.T., THE CALLED 20.9 ACRE TRACT DESCRIBED IN A DEED
TO MARK MAHAFFEY AND WIFE, JOSEPHINE MAHAFFEY, RECORDED IN VOLUME 2021,
PAGE 604, D.R.T.C.T., AND THE CALLED 8 ACRE TRACT DESCRIBED IN A DEED TO MARK
MAHAFFEY AND WIFE, JOSEPHINE MAHAFFEY, RECORDED IN VOLUME 2225, PAGE 172,
D.R.T.C.T., AND BEING ALL OF THE LAND DESCRIBED IN A WARRANTY DEED RECORDED
IN VOLUME 6863, PAGE 1353, D.R.T.C.T., AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID J. WILCOX
SURVEY NO. 39, ABSTRACT NO. 1728 BEING THE COMMON MOST
NORTHERLY NORTHEAST CORNER OF THE TRACT DESCRIBE AS TRACT 1 IN A DEED TO
DAVID MAHAFFEY, RECORDED UNDER INSTRUMENT NO. D219017150, BEING THE
NORTHEAST CORNER OF A CALLED 10.4 ACRES TRACT DESCRIBED IN A DEED TO MARK
MAHAFFEY, RECORDED IN VOLUME 1722, PAGE 48, D.R.T.C.T., AND THE NORTHWEST
CORNER A TRACT OF LAND DESCRIBED BY DEED TO THE CITY OF FORT WORTH, AS
RECORDED IN VOLUME 699, PAGE 291, D.R.T.C.T., AND BEING THE POINT OF BEGINNING
OF THE HEREIN DESCRIBED TRACT;
THENCE S 00021'53" E, WITH THE COMMON EAST LINE OF SAID TRACT 1 AND THE CALLED
10.4 ACRE TRACT AND THE WEST LINE OF THE CITY OF FORT WORTH TRACT, A DISTANCE
OF 402.29 FEET, TO A CONCRETE MONUMENT WITH A 2-INCH BRASS CAP STAMPED "LAKE
WORTH BOUNDARY SURVEY" FOUND FOR CORNER;
THENCE S 00015'49" E, CONTINUING WITH SAID COMMON LINE, AND PASSING THE
COMMON SOUTHEAST CORNER OF THE CALLED 10.4 ACRE MAHAFFEY TRACT AND THE
NORTHEAST CORNER OF A CALLED 4 ACRE TRACT DESCRIBED IN A DEED TO MARK
MAHAFFEY, RECORDED IN VOLUME 1647, PAGE 382, D.R.T.C.T, A DISTANCE OF 1,149.46
FEET, TO A CONCRETE MONUMENT WITH A 2-INCH BRASS CAP STAMPED "LAKE WORTH
BOUNDARY SURVEY" FOUND AT THE COMMON SOUTHWEST CORNER OF THE CITY OF
FORT WORTH TRACT AND THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED
TO THE CITY OF FORT WORTH, AS RECORDED IN VOLUME 536, PAGE 321, D.R.T.C.T.;
THENCE S 00037'38" E ALONG THE COMMON EAST LINE THE CALLED 4 ACRE TRACT,
TRACT 1 AND THE WEST LINE OF SAID CITY OF FORT WORTH TRACT AND CONTINUING
ALONG THE COMMON EAST LINES OF THE REMAINDER OF A CALLED 20.9 ACRE TRACT
DESCRIBED IN A DEED TO MARK MAHAFFEY AND WIFE, JOSPHINE MAHAFFEY,
RECORDED IN VOLUME 2021, PAGE 604, D.R.T.C.T. AND THE EAST LINE OF THE TRACT
DESCRIBED IN A CORRECTION WARRANTY DEED TO MARGERY RUTH BRINKLEY,
RECORDED UNDER INSTRUMENT NO. D179087695, AT A DISTANCE OF 1,328.77 FEET,
PASSING A 1-INCH AXLE FOUND IN AT THE SOUTHEAST CORNER OF THE J. WILCOX
SURVEY NO. 39, ABSTRACT NO. 1728, AND CONTINUING A TOTAL DISTANCE OF 1,360.61
FEET, TO A 5/8 INCH IRON ROD WITH CAP STAMPED "SHIELD ENGINEERING" FOUND AT
THE COMMON SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AND THE
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
NORTHEAST CORNER OF THE FAMILY CHRISTIAN CENTER OF THE ASSEMBLIES OF GOD
INC., RECORDED IN INSTRUMENT NO. D202241611, O.P.R.T.C.T;
THENCE S 88038'38" W ALONG THE COMMON NORTH LINE OF SAID FAMILY CHRISTIAN
CENTER TRACT, BEING THE SOUTH LINES OF SAID BRINKLEY TRACT, AND THE
FOLLOWING TRACTS: DESCRIBED IN A CORRECTION WARRANTY DEED TO BILLY MARK
MAHAFFEY, RECORDED UNDER INSTRUMENT NO. D179087694, DESCRIBED IN A
CORRECTION WARRANTY DEED TO CHARLES V. MAHAFFEY, RECORDED UNDER
INSTRUMENT NO. D179087693, DESCRIBED IN A CORRECTION WARRANTY DEED TO
CAROL JOE MAHAFFEY, RECORDED UNDER INSTRUMENT NO. D179087692, A DISTANCE
OF 398.71 FEET, TO A 5/8 INCH IRON ROD WITH CAP STAMPED "SHIELD ENGINEERING" SET
AT THE COMMON SOUTHWEST CORNER OF THE SAID CAROL JOE MAHAFFEY TRACT AND
THE SOUTHEAST CORNER OF THE CALLED I -ACRE TRACT DESCRIBED IN A WARRANTY
DEED TO PAUL MAHAFFEY, RECORDED IN VOLUME 3425, PAGE 113, D.R.T.C.T.;
THENCE N 01 °21'22" W, WITH THE COMMON WEST LINE OF SAID CAROL JOE MAHAFFEY
TRACT AND THE EAST LINE OF SAID PAUL MAHAFFEY TRACT, A DISTANCE OF 435.60
FEET, TO A 5/8-INCH IRON ROD WITH CAP STAMPED "SHIELD ENGINEERING" SET FOR
CORNER IN A SOUTH LINE OF THE AFOREMENTIONED CALLED 20.9-ACRE TRACT;
THENCE S 88038'38" W, ALONG THE COMMON SOUTH LINE OF THE 20.9-ACRE TRACT AND
THE NORTH LINE OF SAID PAUL MAHAFFEY TRACT, AT A DISTANCE OF 100.00 FEET,
PASSING A 5/8 INCH IRON ROD WITH CAP STAMPED "SHIELD ENGINEERING" SET AT THE
COMMON NORTHWEST CORNER OF SAID PAUL MAHAFFEY TRACT AND THE NORTHEAST
CORNER OF THE CALLED 1-ACRE TRACT DESCRIBED IN A DEED TO PAUL GENE
MAHAFFEY, RECORDED IN VOLUME 6737, PAGE 1494, D.R.T.C.T., AND CONTINUING A
TOTAL DISTANCE OF 200.00 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "SHIELD
ENGINEERING" SET AT THE NORTHWEST CORNER SAID PAUL GENE MAHAFFEY TRACT;
THENCE S 01021'22" E ALONG A COMMON EAST LINE OF SAID 20.9-ACRE TRACT AND THE
WEST LINE OF SAID PAUL GENE MAHAFFEY TRACT, A DISTANCE OF 435.60 FEET, TO A
3/8-INCH IRON FOUND AT THE COMMON SOUTHWEST CORNER OF SAID PAUL GENE
MAHAFFEY TRACT AND THE SOUTHEAST CORNER OF THE CALLED 20.9 ACRE MAHAFFEY
TRACT IN THE NORTH LINE OF THE AFOREMENTIONED FAMILY CHRISTIAN CENTER
TRACT;
THENCE S 88038'38" W, ALONG THE COMMON SOUTH LINE OF THE CALLED REMAINDER
OF THE 20.9-ACRE TRACT AND NORTH LINE OF AFOREMENTIONED FAMILY CHRISTIAN
CENTER TRACT, A DISTANCE OF 397.84, TO A 5/8 INCH IRON ROD WITH CAP STAMPED
"SHIELD ENGINEERING" FOUND IN THE SOUTHWEST CORNER OF THE TRACT DESCRIBED
AS TRACT 2, TRACT B, IN A DEED TO DAVID M. MAHAFFEY, RECORDED UNDER
INSTRUMENT NO. D219017150, D.R.T.C.T., AND ALSO BEING IN THE NORTHEAST RIGHT-
OF-WAY LINE OF STATE HIGHWAY NO. 199 (JACKSBORO HIGHWAY);
THENCE N 40017'05" W ALONG THE NORTHEAST ROW LINE OF STATE HIGHWAY NO. 199,
A DISTANCE OF 259.75 FEET, TO A 5/8 INCH IRON ROD WITH CAP STAMPED "SHIELD
ENGINEERING" FOUND IN THE IN THE COMMON NORTH LINE OF TRACT 2, TRACT B AND
THE SOUTH LINE OF THE TRACT DESCRIBED IN A DEED TO LUTHER D. YOUNG AND WIFE,
IMA LOVE YOUNG, RECORDED IN VOLUME 4705, PAGE 980, D.R.T.C.T.;
THENCE N 89024'58" E, A DISTANCE OF 255.30 FEET, TO A 1/2-INCH IRON ROD FOUND AT
THE COMMON SOUTHWEST CORNER OF THE TRACT DESCRIBED AS TRACT 2, TRACT A,
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
IN SAID DAVID M. MAHAFFEY AND THE SOUTHEAST CORNER OF SAID YOUNG TRACT, IN
THE NORTH LINE OF SAID TRACT 2, TRACT B;
THENCE N 00035'02" W, DEPARTING THE NORTH LINE OF TRACT 2, TRACT BAND ALONG
THE COMMON WEST LINE OF TRACT 2, TRACT A, AND THE EAST LINE OF SAID YOUNG
TRACT, AND CONTINUING ALONG THE WEST LINE OF THE CALLED 20.9 ACRE MAHAFFEY
TRACT, A TOTAL DISTANCE OF 777.79 FEET, TO A 5/8 INCH IRON ROD WITH CAP STAMPED
"SHIELD ENGINEERING" FOUND AT ITS COMMON NORTHWEST CORNER AND THE
NORTHEAST CORNER OF SAID YOUNG TRACT, IN THE SOUTH LINE OF THE CALLED 8
ACRE TRACT DESCRIBED IN A DEED TO MARK MAHAFFEY AND WIFE, JOSEPHINE
MAHAFFEY, RECORDED IN VOLUME 2225, PAGE 172, D.R.T.C.T,;
THENCE S 89034'32" W ALONG THE COMMON SOUTH LINE OF THE CALLED 8 ACRE
MAHAFFEY TRACT AND THE NORTH LINE OF SAID YOUNG TRACT A DISTANCE OF 443.04
FEET TO A 1/2 INCH IRON ROD FOUND AT THE COMMON THE SOUTHWEST CORNER OF
SAID MAHAFFEY TRACT AND THE MOST EASTERLY SOUTHEAST CORNER OF THE TRACT
DESCRIBED AS TRACT 1 TO H. SELLERS, RECORDED IN VOLUME 6675, PAGE 25, D.R.T.C.T.;
THENCE N 00056'18" W ALONG THE COMMON WEST LINE OF THE CALLED 8 ACRE
MAHAFFEY TRACT AND THE MOST NORTHERLY EAST LINE OF SAID H. SELLERS TRACT,
SAME BEING THE COMMON LINE DESCRIBED IN A BOUNDARY LINE AGREEMENT
DESCRIBED BETWEEN M.H. ETHRIDGE AND WIFE, SALLIE BICKETT ETHRIDGE AND
JOSEPHINE MAHAFFEY, RECORDED IN VOLUME 5487, PAGE 322, D.R.T.C.T., A DISTANCE
OF 325.85 FEET, TO A 1/2 INCH IRON ROD FOUND AT THE COMMON NORTHWEST CORNER
OF THE CALLED 8 ACRE MAHAFFEY TRACT AND THE MOST NORTHERLY NORTHEAST
CORNER OF THE H. SELLERS TRACT, IN THE SOUTH LINE OF LOT 11, BLOCK 2, OF
COTTONWOOD CREEK ADDITION, AN ADDITION IN TARRANT COUNTY, TEXAS,
RECORDED UNDER INSTRUMENT NO. D205035017, O.P.R.T.C.T.;
THENCE N 88032'31" E ALONG THE SOUTH LINE OF LOT 11, BLOCK 2, AND CONTINUING
ALONG THE COMMON NORTH LINE OF THE CALLED 8 ACRE MAHAFFEY TRACT AND THE
SOUTH LINE OF LOTS 10, 9, 8 AND 7, BLOCK 2, A TOTAL DISTANCE OF 1,033.77 FEET, TO A
1/2 CAPPED IRON FOUND AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 2, OF SAID
COTTONWOOD CREEK ADDITION, IN THE WEST LINE OF THE AFOREMENTIONED 4 ACRE
MAHAFFEY TRACT;
THENCE N 00027'57" W ALONG THE SOUTH LINE OF LOT 7 AND CONTINUING ALONG THE
COMMON NORTHERLY WEST LINE OF SAID 4 ACRE MAHAFFEY TRACT, THE WEST LINE
OF THE AFOREMENTIONED 10.4 ACRES MAHAFFEY TRACT, AND THE EAST LINES OF LOTS
6, BLOCK 2 AND LOTS 13, AND LOTS 12. BLOCK 1, OF SAID COTTONWOOD CREEK, A
DISTANCE OF 1,602.96 FEET, TO A 5/8-INCH IRON ROD WITH CAP STAMPED "SHIELD
ENGINEERING" FOUND AT THE COMMON MOST NORTHERLY NORTHWEST CORNER OF
THE SAID 10.4 ACRE MAHAFFEY TRACT AND THE NORTHEAST CORNER OF LOT 12, BLOCK
1, OF COTTONWOOD CREEK ADDITION, FROM WHICH A CONCRETE MONUMENT WITH A
2-INCH BRASS CAP STAMPED "LAKE WORTH BOUNDARY SURVEY" AT THE SOUTHWEST
CORNER OF A TRACT DESCRIBED IN A DEED TO THE TARRANT COUNTY WATER
CONTROL AND IMPROVEMENT DISTRICT NO. 1, AS RECORDED IN VOLUME I I10, PAGE
390, D.R.T.C.T, BEARS S 89°00'07" WE A DISTANCE OF 535.93 FEET;
THENCE N 89000'07" E ALONG THE COMMON NORTH LINE OF THE CALLED 10.4 ACRE
MAHAFFEY TRACT AND THE SOUTH LINE OF THE TARRANT COUNTY WATER CONTROL
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
AND IMPROVEMENT DISTRICT NO. 1 TRACT, A DISTANCE OF 322.12 FEET, TO THE POINT
OF BEGINNING AND CONTAINING 1,794,774 SQUARE FEET OR 41.202 ACRES OF LAND.
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
EXHIBIT "B"
THE NON-EXCLUSIVE ACCESS EASEMENT
BEING A TRACT OF LAND SITUATED IN THE J. WILCOX SURVEY NO. 39, ABSTRACT NO.
1728, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AND BEING A PORTION OF A
CERTAIN TRACT OF LAND DESCRIBED AS TRACT 2, TRACT B AND TRACT 2, TRACT A IN A
DEED TO DAVID M. MAHAFFEY, RECORDED UNDER INSTRUMENT NO. D219017150, DEED
RECORDS, TARRANT COUNTY, TEXAS, (D.R.T.C.T.), AND THE CALLED 20.9 ACRE TRACT
DESCRIBED IN A DEED TO MARK MAHAFFEY AND WIFE, JOSEPHINE MAHAFFEY,
RECORDED IN VOLUME 2021, PAGE 604, D.R.T.C.T., AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 5/8 inch iron rod with cap stamped "SHIELD ENGINEERING" found at the common
southwest corner of said David M. Mahaffey tract and the northwest corner of Family Christian Center of
the Assemblies of God Inc., recorded in Instrument No. D202241611, Official Public Records, Tarrant
County, Texas, (O.P.R.T.C.T.), and also being in the northeast right-of-way line of State Highway No. 199
(Jacksboro Highway);
THENCE N 40017'05" W, a distance of 200.96 feet to the POINT OF BEGINNING being in the west line
of said David M. Mahaffey tract and the northeast right-of-way line of State Highway No. 199 (Jacksboro
Highway);
THENCE N 40017'05" W, along the common west line of said David M. Mahaffey tract and said northeast
right-of-way line of State Highway No. 199 (Jacksboro Highway), a distance of 25.58 feet to a point for a
corner, from which a 5/8 inch iron rod with cap stamped "SHIELD ENGINEERING" found at the common
northwest corner of said Tract 2, Tract B and the southwest corner of the tract described in a deed to Luther
D. Young and wife, Ima Love Young, recorded in Volume 4705, Page 980, D.R.T.C.T., bears N 40'17'05"
W, a distance of 33.21 feet;
THENCE over and across said David M. Mahaffey tract and Mark Mahaffey tract the following courses
and distances:
N 88°17' 16" E, a distance of 188.23 feet to a point for a corner;
N 69°52'39" E, a distance of 52.74 feet to a point for a corner;
N 52°35'50" E, a distance of 257.09 feet to a point for a corner;
N 72°02'36" E, a distance of 56.78 feet to a point for a corner;
N 79°29'37" E, a distance of 40.25 feet to a point in the west line of the tract described in a warranty
deed to Paul Gene Mahaffey, recorded in Volume 6737, Page 1494, D.R.T.C.T., from which a 5/8
inch iron rod with cap stamped "SHIELD ENGINEERING" found at the common northwest corner
of said Paul Gene Mahaffey tract and a south line of the called 20.9 acre tract, bears N 0V21'22"
W, a distance of 67.33 feet;
S 01°21'22" E, along the west line of said Paul Gene Mahaffey tract, a distance of 20.26 feet to a
point, from which a 3/8 inch iron rod found in the common southwest corner of said Paul Gene
Mahaffey tract and the north line of said Family Christian Center tract, bears S 01021'22" E, a
distance of 348.02 feet;
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
S 79°29'37" W, a distance of 35.73 feet to a point for a corner;
S 72°02'36" W, a distance of 52.05 feet to a point for a corner;
S 52°35'50" W, a distance of 256.70 feet to a point for a corner;
S 69052'39" W, a distance of 59.02 feet to a point for a corner;
THENCE S 8 8017'16" W, a distance of 175.52 feet to the POINT OF BEGINNING, and containing 11,741
square feet or 0.270 acres of land.
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
EXHIBIT "C"
THE BENEFITTED PROPERTY
[follows]
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
EXHIBIT "D"
PERMITTED ENCUMBRANCES
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
EXHIBIT "D" TO CONTRACT OF SALE AND PURCHASE
INFORMATION ABOUT BROKERAGE SERVICES
[follows]
Contract of Sale and Purchase
Mahaffey Family
Docusign Envelope ID: BED9E7B7-8E3B-457C-882D-9ABOC2B53135
z 1-2-z-0 25
Information Abort Brokerage Services
TF= Texas law requires all read estate license holders to give the foilo wing information about
brokerage services to proWctive buyers, tenants, sellers and landlords.
TYPES OF REAL ESTATE LICENSE HOLDERS:
+ A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker.
+ ASALES AGENT must be sponsored by a broker and works with clients on behalf of the broker.
A BROKER'S MINIMUM DUTIES REQUIRED BYLAW ♦CA client is the person or party that the broker represents):
• Put the interests of the client above all others, including the broker's awn interests,
• Inform the client of any material information about the property or transaction received by the broker;
• Answer the client's questiuns and present any offer to or counter-offer from the cliervlll� and
• Treat all parties to a real estate transaction honestly and fairly.
A LICENSE 14OLDER CAN REPRESENT A PARTY IN A REIkIL ESTATE TRANSACTION:
AS AGENT FOR OWNER (5ELLER/LANOL011 The broker becomes the property owner's agent through an agreement with the
owner, usually in a written fisting to sell ar property management agreement. An owner's agent must perform the broker's minimum
dunes above and must inform the owner of any material information about the property or transaction known by the agent, including
information disclosed to the agent or subagent by the buyer or buyer's agent.
AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to rep resent the buyer, usually through a
written representation agreement_ A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any
material information about the property ar transaction known by the agent, including information disclosed to the agent by th a seller or
seller's agent.
AS ACI;k+1T FOR BOTH - INTERMI:I IARY: To act as an intermediary between the parties the broker must first obtain the written
agreement of eQch party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bald or
underlined print, set forth the broker's obligations as an intermediary. A broker Who acts as -an intermediary:
• Must treat all parties to the transaction impartially andfairly,
May, with the parties' written consent, appoint. a different license holder associated with the broker to each party downer and
buyer) to communicate withr provide opinions and advice to, and carry outthe inl,tructions of each partyto the transaction.
+ Musk not, uHessspecificaIly authorized in writing to do so by the party, disclose:
a that the owner will accept a price less than the written asking price;
o that the buyer/tenant will pay a price greater than the price submitted in a written offer; and
o any confidentiaJ information or any other information that a party specifically instructs the broker in writing not to
disclose, unless required to do so by law_
AS SUBAGENT; A license holder arts as a subagent when aiding a buyer in a transaction without an agreement to represent the
bu yer. A su bagent can assist the buyer but does not represent the buyer and must place the i me rests of the a wine r first.
TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRMNG AND CLEARLY ESTABLISH:
• The broker's duties and responsibilitiesto you, and your obligations under the representation agreement.
• Who will pay the broker for services provided to you, when payment will be made and how the payment will .be calculated.
LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. it does not create an obligation for
you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records_
VVaypoknt R" rzstate Advisors. ✓ LC_
702535
]Ak9 waypoW-TAd.com
817-505-589
Liwnsed Eiroker/Broker Firm Narne or
License No.
Email
Phone
Primary Assumed Business Name
,fake McCoy
702535
lake@Pwaypoint-red_com
Designated Broker of Firm
License No.
Email
Phone
Derek Anthony
0677154
defekwaypoint- red .com
817991507
Licerk�ed Supervisor of Sales Agent{
License No.
Email
Phone
Assumate
Sales Agent/Associate's Name
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Seller) Landlord initials Date
Regulated byrthe Texas Beal Estate Commission
Information available
at www.trec.texas.gov
IAB 1-Q
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/19/24 M&C FILE NUMBER: M&C 24-1022
LOG NAME: 21 OSACQ - MAHAFFEY
SUBJECT
(CD 7 ETJ) Authorize the Acquisition of a Fee Simple Interest in Approximately 41.667 Acres of Land Located at 6698, 6600, 6670, 6674, 6664,
6654, 6644, 6634, 6650, and 6620 Mahafy Street, Fort Worth, Tarrant County, Texas 76135 in an Amount Up to $1,730,000.00 from John I.
Mahaffey, David D. Mahaffey, Margery Mahaffey Brinkley, Francis Belle Mahaffey, Geraldine Davis Mahaffey, Charles V. Mahaffey, and Gregory L.
Mahaffey, Individually and as Co -Trustees of the CVM Family Trust, with Reservation of Life Estate for 6674 Mahafy Street, for the Open Space
Conservation Program, Pay Estimated Closing Costs in an Amount Up to $30,000.00, Authorize Up to $55,000.00 for Pre -Acquisition Costs and
Staff Time, Adopt Appropriation Ordinance, and Amend the Fiscal Years 2025-2029 Capital Improvement Program (2022 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acquisition of a fee simple interest in approximately 41.667 acres of land located at 6698, 6600, 6670, 6674, 6664, 6654,
6644, 6634, 6650, and 6620 Mahafy Street, Fort Worth, Tarrant County, Texas 76135 in an amount Up to $1,730,000.00 from John I.
Mahaffey, David D. Mahaffey, Margery Mahaffey Brinkley, Francis Belle Mahaffey, Geraldine Davis Mahaffey, Charles V. Mahaffey, and
Gregory L. Mahaffey, individually and as Co -Trustees of the CVM Family Trust, with Reservation of Life Estate for 6674 Mahafy Street, and
pay estimated closing costs in an amount up to $30,000.00 for the OSAcq - Mahaffey Project (City Project No. 105875);
2. Authorize expenditure of Open Space Conservation Program funds in an amount up to $55,000.00 for pre -acquisition costs and staff time;
3. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund by increasing appropriations in the
OSAcq - Mahaffey Project (City Project No. 105875) in the amount of $1,815,000.00 and decreasing appropriations in the Open Space
Appropriations Project (City Project No. PA0001) by the same amount;
4. Amend the Fiscal Years 2025-2029 Capital Improvement Program; and
5. Authorize the City Manager or designee to execute the necessary contract of sale and purchase, accept the conveyance, and to execute and
record the appropriate instruments to complete the acquisition.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the acquisition of 41.667 acres of land located at 6698, 6600, 6670,
6674, 6664, 6654, 6644, 6634, 6650 and 6620 Mahafy Street, Fort Worth, Tarrant County, Texas 76135 from John I. Mahaffey, David D. Mahaffey,
Margery Mahaffey Brinkley, Francis Belle Mahaffey, Geraldine Davis Mahaffey, Charles V. Mahaffey, and Gregory L. Mahaffey, Individually and as
Co -Trustees of the CVM Family Trust, with reservation of life estate for the two -acre property located 6674 Mahafy Street, in accordance with the
Open Space Conservation Program's mission to preserve high quality natural areas in Fort Worth.
The Open Space Working Group assessed the property utilizing the Open Space Prioritization Tool online map, which identifies the property as
moderate to high priority for conservation based on available data as well as site visits performed by City staff. The site includes high -quality, old -
growth riparian tree canopy, as well as previously -disturbed areas returning to high -quality prairie. These areas are recovering quickly and there
are no environmental contamination concerns from previous activity. While the property does include residential structures, these represent a small
portion of the overall property and can be demolished or used for other purposes similar to properties in the adjacent Fort Worth Nature Center
(FWNC). After acquisition, the intent is to incorporate this property into the FWNC in the future. Once incorporated into the FWNC, the property
may be included in the FWNC master plan. This property will provide a new entrance point to the FWNC, keeping truck traffic off of roadways used
by pedestrians, and will provide a buffer protecting ecologically sensitive areas of the FWNC.
Conservation of this property supports the Open Space Conservation Program goals, including: ecosystem preservation; stream, river, and lake
health; and flood control. This acquisition will support Fort Worth Mayor Mattie Parker's Good Natured Greenspace Initiative goal of preserving
10,000 acres of greenspace across Fort Worth in the next five years while growing and enhancing the FWNC.
An independent appraisal established fair market value for the property and the property owners have agreed to a negotiated amount up to
$1,730,000.00 for the fee simple interest in the 41.667 acres of land. The two -acre home -site property will include the reservation of a life
estate. The real estate taxes will be pro -rated with the seller being responsible for taxes due up to the closing date. The City will pay total estimated
closing costs in the amount up to $30,000.00. Funding for this acquisition will come from the Open Space Conservation Program. This M&C also
authorizes funding in an amount up to $55,000.00 for pre -acquisition costs and staff costs associated with the acquisition process, including initial
site investigation activities, appraisal, earnest money, staff time, Environmental Site Assessments, and other applicable costs associated with
evaluating and acquiring the property. Funding for this acquisition will be provided from the 2022 Bond Program Fund in the Open Space
Conservation Program (OSAcq - Mahaffey City Project No. 105875)
Any unused funding upon project completion will be returned to the Open Space Appropriations Project (City Project No. PA0001).
Upon acquisition, the estimated annual operation costs to maintain the property in its natural condition will be $2,000.00. The annual operation
cost includes activities such as maintaining fire breaks, prescribed burns, and controlling invasive species. In the first year, initial one-time
improvements estimated at $7,000.00 are needed to create perimeter fire breaks and to control Johnson grass. The property will be general City
property under the Open Space Conservation Program, not parkland; however, maintenance will be provided by the Park & Recreation
Department (PARD). Funds for annual maintenance will be budgeted in the PARD annual operating budget. Funding for operations and
maintenance will be allocated to the PARD's base budget beginning in FY2026.
This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08- 2022)
provides liquidity to support the appropriation. Available resources will be used to make any interim progress payments until debt is issued. Once
debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing
official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022).
The following table demonstrates the funding for the acquisition:
Activity
Fund
Amount
Fee Simple Interest in 34027 — 2022 Bond Program Fund — 22050199 $1,500,000.00
39.667 Acres Prop E Open Spaces (City Project No. PA0001)
Fee Simple Interest in 2.00 Acres 34027 — 2022 Bond Program Fund — 22050199 $230,000.00
with Reservation of a Life Estate Prop E Open Spaces (City Project No. PA0001)
Estimated Pre -Acquisition & Staff 34027 — 2022 Bond Program Fund — 22050199 $55,000.00
Costs Prop E Open Spaces (City Project No. PA0001)
Estimated Closing Costs 34027 — 2022 Bond Program Fund — 22050199 $30,000.00
Prop E Open Spaces (City Project No. PA0001)
Total: $1, 815, 000.00
This property is located in COUNCIL DISTRICT 7 ETJ.
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 currently available in the Open Space Appropriations programmable project within the 2022 Bond
Program Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance funds will be available in
the 2022 Bond Program Fund for the OSAcq - Mahaffey project to support the approval of the above recommendations and acquisition of land.
Prior to an expenditure being incurred, the Property Management Department and Transportation & Public Works Department have the
responsibility of verifying the availability of funds.
Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head
Additional Information Contact:
Expedited
Marilyn Marvin 7708
Ricardo Salazar 8379