HomeMy WebLinkAbout064312 - Construction-Related - Contract - Barbara KillianCSC # 64312
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, a home rule Municipal Corporation of the State of
Texas ("Purchaser"), acting by and through its duly authorized Assistant City Manager, and BARBARA
KILLIAN ("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, a tract known as
Lot 20 of Hodgkins Highlands Addition to the City of Lake Worth, Tarrant County, Texas and also
known as 4220 Lakewood Drive, Fort Worth, Texas 76135 (Tarrant Appraisal District Account No.
0 13 1418 1) (the "Land") as more particularly described on the attached Exhibit "A," which is attached
hereto and incorporated herein by reference 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").
Section 2. Earnest Money and Purchase Price.
(a) Within ten (10) days after the Effective Date, Purchaser must deliver to the Title
Company's escrow agent an Earnest Money deposit of One Thousand Dollars and 00/100 ($1,000.00)
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 (i) refunded to Purchaser if Purchaser terminates the Contract prior to expiration of the
Contract's Option Period or (ii) forfeited to Seller if Purchaser does not terminate but defaults in its
obligation to close.
(b) The purchase price ("Purchase Price") for the Property, payable by Purchaser to Seller
at Closing (as hereinafter defined), is Three Thousand Five Hundred Forty -Three Dollars and 00/100
($3,543.00).
OFFICIAL RECORD
Contract of Sale and Purchase CITY SECRETARY
Lot 20 of Hodgkins Addition
City of Lake Worth FT. WORTH, TX Page 1 of 18
(c) Contemporaneously with the execution of this Contract, Purchaser hereby delivers to
Seller the amount of One Hundred Dollars and 00/100 ($100.00) ("Independent Contract
Consideration"), which amount the parties bargained for and agreed to as consideration for Seller's
execution and delivery of this Contract. This Independent Contract Consideration is in addition to and
independent of any other consideration or payment provided for in this Contract, is nonrefundable, and
shall be retained by Seller notwithstanding any other provision of this Contract. In the event Purchaser
purchases the Property, the Independent Contract Consideration shall be credited to the Purchase Price
(as hereinafter defined) of the Property.
Section 3. Title Commitment and Survey.
(a) Within ten (10) 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 Company,
4217 Camp Bowie Blvd., #300, Fort Worth, Texas 76107 (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 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 or a utility
easement, (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.
(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 day after Seller's receipt of Purchaser' s
notice of such Objections. Except to the extent that Seller cures, or agrees in writing to cure, such
Objections during the Cure Period, Seller shall be deemed to have elected not to cure such matters. If
Seller is, or is deemed to be, unable or unwilling to remedy or cause the removal of any Objections
(or agree irrevocably to do so at or prior to Closing) within the Cure Period, then either (i) this
Agreement may be terminated in its entirety by Purchaser by giving Seller written notice to such effect
during the period of time (the "Termination Period") ending on the fifth business day following the
end of the Cure Period, and the parties shall be released of further obligations under this Agreement;
or (ii) any such Objections may be waived by or on behalf of Purchaser, with Purchaser to be deemed
to have waived such Objections if notice of termination is not given within the Termination Period.
Any title encumbrances or exceptions which are set forth in the Title Commitment or the Survey and
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth
Page 2 of 18
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) days after the Effective Date, Seller shall
deliver to Purchaser for Purchaser's review (i) any and all tests, studies and investigations relating to
the Property, including, without limitation, any soil tests, engineering reports or studies, and any Phase I
or other environmental audits, reports or studies of the Property; (ii) any and all information regarding
condemnation notice(s), proceedings and awards affecting the Property; (iii) any existing survey(s) 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, including any improvements thereon, to make inspections, surveys, test borings, soil analysis,
and other tests, studies and surveys, including without limitation, environmental and engineering tests,
borings, analysis, and studies ("Tests"). Any Tests shall be conducted at Purchaser's sole expense. At
the conclusion of the Tests, Purchaser shall repair any damage caused to the Property by Purchaser or its
agents, employees, representatives, consultants or contractors in connection with Purchaser's Tests and
the Property will be restored by Purchaser, at Purchaser's sole expense, to at least a similar condition as
before the Tests were conducted. Purchaser shall keep the Property free and clear of any liens for any
such Tests. In the event this transaction does not close for any reason whatsoever, the Purchaser shall
release to Seller any and all independent studies or results of Tests obtained during the Option Period
(as defined below).
Section 6. Option Period.
(a) Notwithstanding anything to the contrary contained in this Contract, until 90 (ninety)
days after the Effective Date ("Option Period"), the following is a condition precedent to Purchaser's
obligations under this Contract:
Purchaser being satisfied in Purchaser's sole and absolute discretion that the Property is
suitable for Purchaser's intended uses, including, without limitation, Purchaser being
satisfied with the results of the Tests (defined in Section 5 above).
(b) If Purchaser is not satisfied in Purchaser's sole and absolute discretion as to the condition
precedent described in Section 6(a) above, Purchaser may give written notice thereof to Seller on or
before the end of the Option Period, whereupon this Contract shall terminate. Upon such termination,
the Contract will terminate, the Earnest Money will be refunded to Purchaser, and neither party shall
have any further rights or obligations under this Contract.
(c) Purchaser shall have the right, in its sole discretion, to extend the Option Period for one
(1) period of thirty (30) calendar days.
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth
Page 3 of 18
(d) The parties agree that the Option Period will not be further extended upon expiration
without a written amendment signed by both parties.
(e) 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 General 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;
(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 Seller's sole cost and expense, an
Owner Policy of Title Insurance ("Owner Policy") issued by Title Company in the
amount of the Purchase Price insuring that, after the completion of the Closing,
Purchaser is the owner of indefeasible fee simple title to the Property, subject only to the
Permitted Encumbrances, and the standard printed exceptions included in a Texas
Standard Form Owner Policy of Title Insurance; provided, however, the printed form
survey exception shall be limited to "shortages in area," the printed form exception
for restrictive covenants shall be deleted except for those restrictive covenants that
are Permitted Encumbrances, there shall be no exception for rights of parties in
possession, and the standard exception for taxes shall read: "Standby Fees and Taxes
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth
Page 4 of 18
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.
(6) Purchaser shall not pay Broker's commission.
(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 be for the period of time the Property was owned by Seller,
and based on estimates of the amount of taxes that will be due and payable on the Property during
the current year, Purchaser shall pay for any taxes and assessments applicable to the Property up to
and including the date of Closing. As soon as the amount of taxes and assessments on the Property for
the current year is known, Seller shall pay any additional amount of taxes to be paid for any 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. Seller shall not be responsible for any Rollback taxes that arise
due to a change in use of the Property after Closing. Rollback taxes, if any, that arise due to a change in
use of the Property will be the responsibility of Purchaser.
(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;
(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;
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth Page 5 of 18
(d) No Insolvency Proceedings. No attachment, execution, assignment for the benefit
of creditors, receivership, conservatorship or voluntary or involuntary proceedings in
bankruptcy or pursuant to any other debtor relief laws is contemplated or has been filed
by or against Seller or the Property, nor is any such action pending by or against Seller
or the Property;
(e) Contract Obligations. Except as otherwise disclosed in the Title Commitment, no
lease, contract or agreement exists relating to the Property or any portion thereof
which is not terminable at will or upon not more than 30 days' prior notice except
tenant leases;
(f) No Competing Rights. No person, firm or entity, other than Purchaser, has any right
to purchase, lease or otherwise acquire or possess the Property or any partthereof;
(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,
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth
Page 6 of 18
notwithstanding any contrary information resulting from any inspection or investigation made by or on
behalf of Purchaser. All of Seller's representations and warranties, as so qualified and modified,
shall survive Closing.
Section 10. Seller's Covenants.
(a) Updating of Information. Seller acknowledges that Purchaser will rely upon the Due
Diligence documents delivered by Seller and other materials delivered by Seller to
Purchaser hereunder to satisfy itself with respect to the condition and operation of the
Property, and Seller agrees that, if Seller discovers that the information contained in any
of the materials delivered to Purchaser hereunder is inaccurate or misleading in any respect,
then Seller shall promptly notify Purchaser of such changes and supplement such materials.
(b) Prohibited Activities. During the term of this Agreement, Seller shall not, without the prior
written consent of Purchaser, which consent Purchaser shall have no obligation to grant and
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. A2ents. 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.
Section 12. Closing Documents. No later three (3) business days prior to the Closing, Seller shall
deliver to Purchaser copies of the closing documents (including, but not limited to, the Deed) for
Purchaser's reasonable right of approval.
Section 13. Notices.
(a) Any notice under this Contract shall be in writing and shall be deemed to have been
served if (i) delivered in person to the address set forth below for the party to whom the notice is given,
(ii) delivered in person at the Closing (if that party is present at the Closing), (iii) placed in the United
States mail, return receipt requested, addressed to such party at the address specified below, or (iv)
deposited into the custody of Federal Express Corporation to be sent by Fed Ex Overnight Delivery or
other reputable overnight carrier for next day delivery, addressed to the party at the address specified
below.
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth
Page 7 of 18
(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: Nita Shinsky
Telephone: 817-392-8053
With a copy to:
Sophie Mathews
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 Killian
14650 White Settlement
Fort Worth, Texas, 76108
(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, shall have the right
to terminate this Contract by giving written notice thereof to Purchaser prior to or at the Closing, and
receive the Earnest Money as full liquidated damages (and not as a penalty) for Purchaser's failure to
consummate the purchase, whereupon neither party hereto shall have any further rights or obligations
hereunder.
(b) If (1) Seller fails or refuses to timely consummate the sale of the Property pursuant to
this Contract at Closing, (2) at the Closing any of Seller's representations, warranties or covenants
contained herein is not true or has been breached or modified, or (3) Seller fails to perform any of
Seller' s other obligations hereunder either prior to or at the Closing for any reason other than the
termination of this Contract by Seller pursuant to a right so to terminate expressly set forth in this
Contract or Purchaser' s failure to perform Purchaser's obligations under this Contract, then Purchaser
shall have the right to:
(i) terminate this Contract by giving written notice thereof to Seller prior to or at the
Closing and neither party hereto shall have any further rights or obligations
hereunder;
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth Page 8 of 18
(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 six (6) months after Closing (the "Survival Period").
Unless Purchaser discovers the breach of any such representation or warranty on a date (the "Discovery
Date") prior to the end of the Survival Period and gives Seller written notice (the "Breach Notice") of
the breach within thirty (30) days after the Discovery Date, no alleged breach of any such representation
or warranty may form the basis of an action by Purchaser against Seller for breach of any such
representation or warranty. Any such action must be brought within three (3) months after the Discovery
Date, provided that a Breach Notice has been timely given in accordance with the immediately preceding
sentence.
Section 16. Entire Contract. This Contract (including the attached Exhibits) contains the entire
contract between Seller and Purchaser, and no oral statements or prior written matter not specifically
incorporated herein is of any force and effect. No modifications are binding on either party unless set
forth in a document executed by that party.
Section 17. Assigns. This Contract inures to the benefit of and is binding on the parties and their
respective legal representatives, successors, and assigns. Neither party may assign its interest under this
Contract without the prior written consent of the other party.
Section 18. 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.
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth
Page 9 of 18
Section 23. Business Days. 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 of 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. Terminology. 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. Attorney'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 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").
Purchaser expects that City Council Approval shall occur within the Option Period.
[signature page follows]
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth
Page 10 of 18
This Contract is EXECUTED as of the Effective Date.
BARBARA KILLIAN
By:
arrara Killian
I1n;TO1EVID)R
CITY OF FORT WORTH, TEXAS
A&
By: Valerie Washington (Nov 14, 2025 13:00:53 CST)
Valerie Washington, Assistant City
M anager
ATTEST:
Jannette S. Goodall
City Secretary
M&C: 25-1046
Date: November 11, 2025
1295 Form No.: N/A
APPROVED AS TO LEGALITY AND FORM:
Sophie Mathews
Sophie Mathews
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
ensuall pe nce and reporting requirements.
Nita Shinsky (Nov 12, 21bj5 08:45:19 CST)
Nita Shinsky, Land Agent
Property Management Department — Real Estate Division
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 11 of 18
By its execution below, Title Company agrees to perform its other duties pursuant to the provisions of
this Contract.
TITLE COMPANY:
By: Robin Roger, Escrow Agent
Alamo Title
Phone: (817) 806-0250
Date:
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth
Page 12 of 18
Lot 20 Hodgkins
4220 Lakewood
01314181)
Exhibit A
The Land
Addition to the City of Lake Worth, Tarrant County, Texas and known as
Drive, Fort Worth, Texas 76135 (Tarrant Appraisal District Account No.
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth
Page 13 of 18
Exhibit B
Form of General Warranty 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 INTEREST IN REAL PROPERTY BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
GENERAL WARRANTY DEED
Date:
Grantor: BARBARA KILLIAN
Grantor's Mailing Address (including County):
14650 WHITE SETTLEMENT
FORT WORTH, TARRANT COUNTY, TEXAS 76108
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):
LOT 20 HODGKINS ADDITION TO THE CITY OF LAKE WORTH, TARRANT COUNTY,
TEXAS AND ALSO KNOWN AS 4220 LAKEWOOD DRIVE, FORT WORTH, TEXAS 76135
(TARRANT APPRAISAL DISTRICT ACCOUNT NO. 01314181)
Exceptions to Conveyance and Warranty:
This conveyance is expressly made by Grantor and accepted by Grantee subject to the permitted
encumbrances included in Exhibit "A," attached hereto and incorporated herein for all purposes.
Grantor, for the consideration expressed herein and subject only to 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
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth Page 14 of 18
every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the
Exceptions to Conveyance and Warranty.
This document may be executed in multiple counterparts, each of which will be deemed an original,
but which together will constitute one instrument. When the context requires, singular nouns and pronouns
include the plural.
[signature page follows]
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth
Page 15 of 18
GRANTOR: Barbara Killian
i
Barbara Killian
NOTICE: This document affects your legal rights. Read it carefully before signing.
(Acknowledgments)
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Barbara Killian, 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 Lake 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 , 2025.
Notary Public
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth
Page 16 of 18
ACCEPTED AND AGREED TO:
CITY OF FORT WORTH
Valerie Washington,
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Sophie Mathews
Assistant City Attorney
M&C: 25-1046
Date: November 11, 2025
(Acknowledgment)
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Valerie Washington,
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
2025.
Notary Public
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
Lot 20 of Hodgkins Addition
City of Lake Worth
Page 17 of 18
EXHIBIT "A"
PERMITTED ENCUMBRANCES
Contract of Sale and Purchase
Lot 20 of Hodgkins Addition
City of Lake Worth
Page 18 of 18
CITY OF FORT WORTH
ROBERT G. KILLIAN
EXHIBIT `A'
ROBERT G. KILLIAN
0.1129 OF AN ACRE OR 4,917 SQUARE FEET
KILLIAN
SAM JOB NO. 39604A
SHEET 01 OF 03
BEING A 0.1129 OF AN ACRE TRACT OF LAND LOCATED IN THE JOHN BREEDING SURVEY, ABSTRACT NO. 188,
TARRANT COUNTY, TEXAS AND BEING A TRACT OF LAND DESCRIBED IN THE DEED TO ROBERT G. KILLIAN,
RECORDED IN VOLUME 6236, PAGE 969 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.), AND
PART OF LOT 20 OF HODGKINS HIGHLANDS, AN ADDITION TO THE CITY OF LAKE WORTH, ACCORDING TO THE
PLAT RECORDED IN VOLUME 204, PAGE 90 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.) AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A MAG NAIL FOUND FOR THE NORTH CORNER OF SAID KILLIAN TRACT AND SAID LOT 20 AND THE
EAST CORNER OF A TRACT OF LAND DESCRIBED IN THE DEED TO SLR PROPERTIES, LLC SERIES C, RECORDED IN
INSTRUMENT NUMBER D213095062 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS (O.P.R.T.C.T.),
AND LOT 22 OF SAID HODGKINS HIGHLANDS, ALSO BEING IN THE WEST LINE OF THE REMAINDER OF A TRACT OF
LAND DESCRIBED IN THE DEED TO CITY OF FORT WORTH, RECORDED IN VOLUME 444, PAGE 385 OF SAID D.R.T.C.T.,
FROM WHICH A CONCRETE MONUMENT WITH A BRASS CAP FOUND FOR AN ANGLE POINT IN THE WEST LINE OF
SAID CITY OF FORT WORTH TRACT AND THE NORTHEAST LINE OF A TRACT OF LAND DESCRIBED IN THE DEED TO
DANIEL LEE WADE AND RACHEL ANN WADE, RECORDED IN INSTRUMENT NUMBER D216266364 OF SAID
O.P.R.T.C.T., AND LOT 22 OF SAID HODGKINS HIGHLANDS, BEARS NORTH 41 DEGREES 54 MINUTES 23 SECONDS
WEST, A DISTANCE OF 56.88 FEET, SAID POINT OF BEGINNING HAVING GRID COORDINATES OF N:6981922.11,
E:2292024.45;
THENCE SOUTH 41 DEGREES 54 MINUTES 23 SECONDS EAST, ALONG THE NORTHEAST LINE OF SAID KILLIAN
TRACT AND SAID LOT 20 AND THE WEST LINE OF SAID CITY OF FORT WORTH TRACT, PASSING A 60D NAIL FOUND
FOR ANGLE POINT IN THE SOUTH LINE OF SAID CITY OF FORT WORTH TRACT, THE SOUTH CORNER OF LOT 17,
BLOCK 9 OF LAKE WORTH LEASES, AN UNRECORDED ADDITION TO THE CITY OF FORT WORTH, AND THE WEST
CORNER OF LOT 18 OF SAID BLOCK 9, AT A DISTANCE OF 7.93 FEET, CONTINUING WITH THE NORTHEAST LINE OF
SAID KILLIAN TRACT AND SAID LOT 20 AND THE SOUTHWEST LINE OF SAID LOT 18, A TOTAL DISTANCE OF 105.96
FEET TO THE EAST CORNER OF SAID KILLIAN TRACT AND SAID LOT 20 AND THE WEST CORNER OF LOT 19 OF SAID
BLOCK 9 AND THE SOUTH CORNER OF SAID LOT 18, ALSO BEING THE NORTH CORNER OF A TRACT OF LAND
DESCRIBED IN THE DEED TO CITY OF LAKE WORTH, RECORDED IN VOLUME 10083, PAGE 427 OF SAID D.R.T.C.T.,
AND BEING LOT 19 OF SAID HODGKINS HIGHLANDS;
THENCE SOUTH 19 DEGREES 23 MINUTES 56 SECONDS WEST, ALONG THE EAST LINE OF SAID KILLIAN TRACT AND
SAID LOT 20 AND THE WEST LINE OF SAID CITY OF LAKE WORTH TRACT AND LOT 19 OF SAID HODGKINS
HIGHLANDS, A DISTANCE OF 41.51 FEET TO A MAG NAIL SET IN ASPHALT FOR THE SOUTH CORNER OF SAID
KILLIAN TRACT AND SAID LOT 20 AND THE WEST CORNER OF SAID CITY OF LAKE WORTH TRACT AND LOT 19 OF
SAID HODGKINS HIGHLANDS AND BEING AN ANGLE POINT IN THE NORTH LINE OF A TRACT OF LAND DESCRIBED
IN THE DEED TO LAKE WORTH INVESTMENTS, INC, RECORDED IN INTRUMENT NUMBER D 199311506 OF SAID
O.P.R.T.C.T., AND LOT 18 OF SAID HODGKINS HIGHLANDS AND THE EAST CORNER OF LOT 21 OF SAID HODGKINS
HIGHLANDS;
THENCE NORTH 73 DEGREES 18 MINUTES 28 MINUTES WEST, ALONG THE SOUTH LINE OF SAID KILLIAN TRACT
AND SAID LOT 20 AND THE NORTH LINE OF SAID LAKE WORTH INVESTMENTS, INC TRACT AND SAID LOT 21, A
DISTANCE OF 2.70 FEET TO A MAG NAIL SET IN ASPHALT FOR CORNER;
\\saminc\DAL\PROJECTS\1017039604A\100\Survey\03Documents\Descriptions\KILLIAN Tract.docx
CITY OF FORT WORTH
ROBERT G. KILLIAN
EXHIBIT `A'
ROBERT G. KILLIAN
0.1129 OF AN ACRE OR 4,917 SQUARE FEET
KILLIAN
SAM JOB NO. 39604A
SHEET 02 OF 03
THENCE NORTH 44 DEGREES 58 MINUTES 37 SECONDS WEST, CONTINUING ALONG THE SOUTHWEST LINE OF SAID
KILLIAN TRACT AND SAID LOT 20 AND THE NORTH LINE OF SAID LAKE WORTH INVESTMENTS, INC TRACT AND
SAID LOT 21, A DISTANCE OF 128.75 FEET TO A MAG NAIL SET IN ASPHALT FOR THE WEST CORNER OF SAID KILLIAN
TRACT AND SAID LOT 20 AND THE NORTH CORNER OF SAID LAKE WORTH INVESTMENTS, INC TRACT AND SAID
LOT 21, SAID CORNER BEING IN THE SOUTHEAST LINE OF SAID SLR PROPERTIES, LLC TRACT AND SAID LOT 22;
THENCE NORTH 54 DEGREES 27 MINUTES 14 SECONDS EAST, ALONG THE NORTHWEST LINE OF SAID KILLIAN
TRACT AND SAID LOT 20 AND THE SOUTHEAST LINE OF SAID SLR PROPERTIES, LLC TRACT AND SAID LOT 22, A
DISTANCE OF 44.99 FEET TO THE POINT OF BEGINNING AND CONTAINING 4,917 SQUARE FEET OR 0.1129 OF AN
ACRE OF LAND.
BASIS OF BEARINGS DERIVED FROM THE TEXAS COORDINATE SYSTEM OF 1983, NAD83 (2011), TEXAS NORTH CENTRAL ZONE (4202). THE
DISTANCES ARE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.00012. ALL COORDINATES SHOWN ARE GRID VALUES.
SKETCH OF EVEN DATE ACCOMPANIES THIS DESCRIPTION.
O
�9
r FTC
G
co , *
.. .........
ICHAEL A. MEDU
............... .
MICHAEL A, MEDINA
: �0 6 6 9
REGISTERED PROFESSIONAL
9ij; •• y�
LAND SURVEYOR NO. 6692, STATE OF TEXAS
S U
TEXAS FIRM REGISTRATION NO. 10064300
DATE: 09/25/2025
\\saminc\DAL\PROJECTS\1017039604A\100\Survey\03Documents\Descriptions\KILLIAN Tract.docx
P.O.R.
vo, 1�Pp�Pp6
V
P\05RP�p0e
PUBLIC ACCESS EASEMENT
INST. NO. D224112720
O.P.R.T.C.T.
1 I
010
EXHIBIT "A"
JOHN BREEDING SURVEY, ABSTRACT NO. 188
TARRANT COUNTY, TEXAS
LOT 17
LEASED INTEREST
SCOTT ERIC SEMMLER
INST. NO. D211231180
O.P.R.T.C.T.
NJ I
'D�NW
\
A0 Q
-1Nm
"0 i\ \
N
0 30' 60'
GRAPHIC SCALE
R�EY
DING ! �$$
BREQ�GT N
JONAPS�� CITY AI PERTTRACT
TH
VOL. 444, PG. 385
LOT 18 D.R.T.C.T.
P.O.B.
GRID COORDINATES
N:6981922.11
E:2292024.45
FOUND
60D NAIL
N I
HODGKINS
HIGHLANDS
BLOCK 9
LAKE WORTH LEASES
NO PLAT OF
RECORD FOUND
LEASED INTEREST
MARY A. RATHER
AND BLAKE RATHER
INST. NO. D223013920
O.P.R.T.C.T.
' �T�Tc�Fs \ VOL. 204, PG. 90
P.R.T.C.T.
ELECTRIC ERGROUND EASEMENT \ \ , ��ty r�9 ,!� �% p/r/�
VOL. 5714,
71 T.C.T.. 399 \� \�2 �j Q 0T �/-9
LOT 21 \ �> S 9C' 96'
LAKE WORTH �\ '�J s
INVESTMENTS, INC y J
INST. NO. D199311506 \ v
\ O.P.R.T.C.T. 15' SANITARY SEWER
EASEMENT \
VOL. 3518, PG. 464 LOT 19
D.R.T.C.T. / \
LINE TABLE
NUMBER
BEARING
DISTANCE
L1
S19'23'56"W
41.51'
L2
N73'18'28"W
2.70'
LEGEND
D.R.T.C.T.
DEED RECORDS
TARRANT COUNTY, TEXAS
O.P.R.T.C.T.
OFFICIAL PUBLIC RECORDS
TARRANT COUNTY, TEXAS
P.R.T.C.T.
PLAT RECORDS
TARRANT COUNTY, TEXAS
P.O.B.
POINT OF BEGINNING
P.O.R.
POINT OF REFERENCE
Q
CALCULATED POINT
•
MAG NAIL FOUND
(UNLESS NOTED OTHERWISE)
MAG NAIL SET
Q
CONCRETE MONUMENT
WITH BRASS CAP FOUND
PROPERTY LINE
- EXISTING EASEMENT
/ CITY OF LAKE WORTH
/ VOL. 10083, PG. 427 -
/ D.R.T.C.T.
/ LAKE WORTH
/ INVESTMENTS, INC
/ INST. NO. D199311506
/ O.P.R.T.C.T.
PARENT TRACT MAP &
LOCATION
(NOT TO SCALE)
LOT 19
LEASED INTEREST
CHAD ERIC CONNER AND
ALYSSA HOLLY CONNER,
HUSBAND AND WIFE
INST. NO. D213200011
O.P.R.T.C.T.
S T FjF,
.ICHAEL......MEDIN/
9 �0 6692o�,Q�o�
sii
F \
�
09/25/2025
MICHAEL A. MEDINA
REGISTERED PROFESSIONAL LAND SURVEYOR
LOT 18
NO.6692 - STATE OF TEXAS
FIRM NO. 10064300 - STATE OF TEXAS
NOTES:
1. BASIS OF BEARING IS STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL ZONE 4202, NORTH
AMERICAN DATUM OF 1983. ADJUSTMENT
REALIZATION 2011, THE DISTANCES HAVE BEEN
ADJUSTED TO SURFACE USING A COMBINED SCALE
FACTOR OF 1.00012.
2. DESCRIPTION OF EVEN DATE ACCOMPANIES THIS
DESCRIPTION.
3. TITLE COMMITMENT NO. 6000182300372 SCHEDULE 8
10G. LONE STAR GAS COMPANY EASEMENT,
VOL. 2222, PG. 455 (AFFECTS SUBJECT PROPERTY)
10H. CITY OF LAKE WORTH VILLAGE EASEMENT,
VOL. 3518, PG. 464 (DOES NOT AFFECT SUBJECT
PROPERTY)
10/. TEXAS ELECTRIC SERVICE COMPANY EASEMENT,
VOL. 5714, PG. 399 (DOES NOT AFFECT SUBJECT
PROPERTY)
10J. CITYOF LAKE WORTH EASEMENT, CLERKS FILE
NO. D214037555 (DOES NOT AFFECT SUBJECT
PROPERTY)
SHEET 03 OF 03
PROJECT: BLOCK9
FORTWORTH,
KILLIAN TRACT
EXHIBIT
JOB NUMBER: 39604A
DATE: 09/23/2025
3AII
SCALE: 1"=30'
I
JOHN BREEDING SURVEY
TRACT ID: KILLIAN
ally ,TX752W. 47Ph:(21 )6317888
Dallas, TX 75247 Ph: (214) 631-7888
ABSTRACT NO. 188
DRAWN BY: EA
Fax: (214) 631-7103 EMAIL. SAM@SAM.BIZ
TARRANT COUNTY, TEXAS
KILLIAN-TRACT EXHIBIT.DWG
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/11/25 M&C FILE NUMBER: M&C 25-1046
LOG NAME: 214220 LAKEWOOD
SUBJECT
(CD 7) Authorize the Voluntary Acquisition of a Fee Simple Interest and Improvements in Lot 20 of Hodgkins Addition, City of Lake Worth, Tarrant
County, Texas, Located at 4220 Lakewood Drive, Lake Worth, Texas 76135, from Barbara Killian, for the Appraised Fair Market Value of
$3,543.00 and Pay Estimated Closing Costs in an Amount Up to $5,000.00 for a Total Cost of $8,543.00, for the Purposes of Platting Block 9
within the City of Fort Worth
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the voluntary acquisition of a fee simple interest in Lot 20 in the Hodgkins Addition, located at 4220 Lakewood Drive, Lake Worth,
Texas 76135, from Barbara Killian for $3,543.00;
2. Authorize the payment of closing costs in an amount up to $5,000.00;
3. Authorize the City Manager or his designee to accept the conveyance and record the appropriate instruments; and
4. Dedicate this land for necessary access and leasehold frontage associated with platting Block 9 within the City of Fort Worth.
DISCUSSION:
The Real Property Division of the Property Management Department is in the process of platting Lake Worth's Block 9 area to allow leaseholders
the opportunity to purchase their leaseholds (Lake Worth Leases) before their leases expire on January 31, 2032.
The purpose of this Mayor and Council Communication (M&C) is to authorize the acquisition of Lot 20 in the Hodgkins Addition (Property) by the
City to allow for road frontage access to the Lots and adjacent Lake Worth Leaseholds for platting purposes.
The Property is currently owned by Barbara Killian (Lake Worth), separating the Lake Worth Leases from the current roadway, essentially
landlocking adjacent Lot 18 in Block 9 (Lot), owned by the City of Fort Worth (City), from being platted according to the City ordinance.
Acquisition of the Property is necessary to connect the Lot to the existing roadway and the road frontage access will allow current Lake Worth
leaseholders to obtain ingress and egress from their existing property.
The Property is further described as follows:
Owner
Legal Description
Puchase
Closing
Total
Price
Costs
Barbara
Lot 20, Hodgkins Addition,
Killian
4220 Lakewood Drive,
$3,543.00 $5, 000.00
$8, 443.00
Lake Worth, Texas 76135
An independent appraisal, obtained by the City, established the fair market value of $3,543.00 for the Property.
Barbara Killian has agreed to sell the property to the City for $3,543.00 and the City will pay buyer closing costs up to but not to exceed $5,000.00.
There is no relocation assistance or moving costs provided to the seller as this is a voluntary sale.
Funding is budgeted in the Lake Worth Gas Lease Cap Legacy Fund within the Lake Worth Platting project, as appropriated.
Upon City Council approval, staff will proceed with acquiring the fee simple interest.
The property is located in COUNCIL DISTRICT 7.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Lake Worth Lease Gas
Cap Legacy Fund for the Lake Worth Platting project to support the approval of the above recommendations and land acquisition. The financial
records of the City will be updated to reflect this dedication based upon the Capital Assets Policy contained within the Financial Management
Policy Statements.
Submitted for City Manager's Office W. Valerie Washington 6199
Originating Business Unit Head: Marilyn Marvin 7708
Additional Information Contact: Stuart Young 8379
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Barbara Killian
Subject of the Agreement
Block 9 Platting Fee Purchase
M&C Approved by the Council? * Yes 8 No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 8
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 8 No ❑
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: November 14, 2025
If different from the approval date.
Expiration Date:
January 30, 2026
If applicable.
Is a 1295 Form required? * Yes ❑ No 8
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. NA
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processing in the following _ order:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.