HomeMy WebLinkAbout064565-A1 - Construction-Related - Contract - Mary's Creek, LLCCity Secretary �t 1 ��� ,� `
Contract No =.-- __ � . ____��
FIRST AMENDM�NT
TO
CONTRACT OF SALE AND PURCHASE
This First Amendment to Contract of Sale and Purchase of Real Property (this
"Contract") is made and entered into effective as of November ,�� , 2025 between MARY'S
CREEK, LLC, a Delaware limited liability company ("Seller") and the CITY OF FORT
WORTH, TEXAS, a home rule Municipal Corporation of the State of Texas, acting by and
tlu•ough its duly authorized City Manager oi• Assistant City Manager ("Purchaser").
RECITALS
A. Seller and Purchaser have entered into a Contract of Sale and Purchase of Real
Property (the "Contt•act") relating to certain i•eal property (the "Property") moi•e completely
described in the Contract.
B. Seller and Purchaser desire to amend the Contract in certain respects.
NOW, THEREFORE, in consideration of the mutual covenants set forth below, and other
good and valuable consideration, the receipt and sufficiency of which are hei•eby acicnowledged,
Seller and Purchaser hereby agree as follows.
AGREEMENTS
1. Section 1(a)(i) of the Contract is hereby amended to be as follows:
"(i) A tract of land containing 92.01 acres (the "Land"), which Land is
more particularly described on the attached Exhibit "A"; and"
2. Section 2(g) of the Agreement is hereby deleted, and the following is inserted in lieu
thereo£
"(g) Both parties are aware of Pur•chasei•'s intent to (i) sell a portion of
the Pi•operty in fee and (ii) grant an easement on a separate portion of the
Property, as more specifically described and depicted in the attached
Exhibit "B" herein, to the Tari•ant Regional Water District ("TRWD").
For the purposes of this Contemplated Conveyance to TRWD ("TRWD
Conveyance"), Seller agrees that (i) Purchaser has met their First
Refusal Notice obligations, (ii) they waive their Decision Period; and
(iii) they will not initiate their Right of First Refusal."
3. Section 3(c) of the Contract is hereby amended to be as follows:
"(c) The purchase price ("Purchase Price") for the Property, payable by
Pui•chaser to Seller at Closing (as hereinafter defined) is FIVE MILLION
N1NE HUNDRED EIGHTY THOUSAND SIX HUNDRED FIFTY and
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00/100 DOLLARS ($5,980,650.00). Seller• has deterinined that the
Pui�chase Pi�ice reflects the current fair marlcet value of the Property."
4. Exhibit "A" to the Contract is replaced with Exhibit "A" to this Amendment.
5. Exhibit "B" to the Contr•act is ainended to replace any reference to "Trinity River Water
District" with "Tarrant Regional Water District".
6. Except to the extent it is amended by this Amendment, the Contract is ratified and
confii•med and shall remain in full force and effect.
7. Capitalized terms not defined herein have the respective meanings ascribed to them in
the Contract.
8. This Amendment shall be governed by and construed in accordance with the laws of
the State of Texas.
9. This Amendment may be executed in multiple counterpai•ts, each of which shall, foi� all
purposes, be deemed to be an original, but which talcen together shall constitute one and the
same instrument.
EXECUTED as of the date fiist set forth above.
SELLER:
MARY' S CREEK, LLC,
a Delaware limi liability company
By•
Ardon E. Moore, President
Date Executed: (Z � , 2025
PURCHASER:
CITY OF FORT WORTH, TEXAS
�� � �
By: ���
Valerie Washington, Assistant City Managei•
Date Executed: ��< < �� 2025
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Attest:
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J i ette Goodall, City Secretary �� o o�.� �
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APPROVED AS TO LEGALITY AND FORM
Gi���:��1b-��A'i��
Thomas R. Hansen
Assistant City Attorney
Contract Compliance Manager:
By signing, I acknowledge that I am the peison
responsible for the monitoring and administration of
this contract, including ensuring all performance
and reporti require t.
�
tuart ou , Assis nt Director
Propei Management Department — Real Estate
Division
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EXHIBIT A
Being a 92.01 acre tract of land situated in the James Johnson Survey, Abstract No. 871 and the
Jonathan Burleson Survey, Abstract No. 78, Tarrant County, Texas and being a portion of the
Maiy's Creek LLC tract as recoi�ded in Instt•ument No. D225158649, Deed Records Tarrant
County, Texas and being more particularly described by metes and bounds as follows:
Beginning at a found 3/4 inch iron pipe for an ell corner of said Mary's Creek LLC tract as
i•ecorded in Instrument No. D225158649, Deed Records Tarrant County, Texas, same being the
southeast corner of the Westside Sanitary Land Fill Inc. tract as recorded in Volume 6477, Page
335, Deed Records Tarrant County, Texas;
Thence North 16°46'42" East with the Mary's Creelc LLC/ Westside Sanitaiy Landfill common
line, at approximately 661.59 feet passing the northwest corner of said Westside Sanitaiy
Landfill tract and the southeast cornei• of the City of Foi•t Worth tract as recorded in Instrument
No. D211267292, Deed Records Tarrant County, Texas, in total a distance of 1522.70 feet to a
found 3/4 inch iron i•od for corner;
Thence North 08°36' 13" East with the Mary's Creek LLG City of Fort Worth tract common line
a distance of 1223.41 feet to a found 3/4 inch iron rod in asphalt for the northwest corner of
subject property, said point falling within the pavement of County Road No. 1029, an apparent
prescriptive right-of-way.
Thence South 89°08'25" East within the apparent County Road 1029 right-of-way a distance of
983.04 feet to a found PK nail in asphalt for the northeast corner of subject property in the
approximate centerline of county Road 1029;
Thence South 00°28'33" West with the east line of said Maiy's Creelc LLC tract, at
approximately 40.00 feet passing the northwest corner of Palmilla Springs, an addition to the
City of Fort Wor-th as recorded in Instrument No. D221051065, Plat Records Tarrant County,
Texas, in total a distance of 2211.38 feet to a found 3/4 inch iron rod foi• an intei•ior angle point
of the HMH Palmilla Springs Land LP tract as recorded in instrument No. D220142251, Deed
Records Tarrant County, Texas;
Thence South 25°41' 13" West with the Maiy's Creek LLG HMH common line a distance of
888.99 feet to a found 3/4 inch iron rod for the southwest corner of said HMH tract and a
northerly northeast corner of the Maiy Wellman tract as recorded in Volume 4495, Page 109,
Deed Records Tarrant County, Texas;
Thence South 25°41'09" West with the Mat•y's Creelc LLC/ Wellman common line a distance of
844.03 feet to a found 3/4 inch iron rod corner;
Thence Noi-th 36°43' 10" West, traversing through said Maiy's Creelc LLC tract, a distance of
1398.18 feet to the Point of Beginning and Containing 4,007,975 square feet, 92.01 acres of land,
more or less.
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Legislation Details
File #: M&C 25-1100 Version: 1 Name:
Type: Land Consent Status: Passed
File created: 12/2/2025 In control: CITY COUNCIL
On agenda: 12/9/2025 Final action: 12/9/2025
Title: (ETJ /Future CD 3) Authorize the Acquisition of Approximately 92.01 Acres of Land Located at a
General Physical Address of 11900 West Freeway and 11091 Chapin Road, Texas, from Mary's
Creek, LLC for $5,980,650.00 and Closing Costs of $41,000.00 for Open Space Conservation
Program, Parkland, and Water Utility Improvements; Authorize the Conveyance of 21.098 Acres of
Land to Tarrant Regional Water District for $1,371,370.00 for the Mary's Creek Lift Station Site and
Force Main Alignment Pump Station; Authorize the Exchange of Various Easements with Tarrant
Regional Water District; Adopt Appropriation Ordinances, and Amend the Fiscal Years 2026-2030?
Capital Improvement Program (2022 Bond Program)
Sponsors:
Indexes:
Code sections:
Attachments: 1. M&C 25-1100, 2. MARYs CREEK 92.01ac.pdf, 3. ORD.APP 21PARD-OPEN SPACE
ACQUISITON 92.01 ACRES MARYS CREEK A026(R7).pdf, 4. ORD.APP_21PARD-OPEN SPACE
ACQUISITON 92.01 ACRES MARYS CREEK_A026(R8).pdf
Date Ver. Action By Action Result I
12/9/2025 1 CITY COUNCIL Approved
City of Fort Worth Page 1 of 1 Printed on 12/22/2025
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City of Fort Worth,
Mayor and
Texas
Council Communication
DATE: 12/09/25 M&C FILE NUMBER: M&C 25-1100
LOG NAME: 21 PARD-OPEN SPACE ACQUISITON 92.01 ACRES MARYS CREEK
SUBJECT
(ETJ /Future CD 3) Authorize the Acquisition of Approximately 92.01 Acres of Land Located at a General Physical Address of 11900 West
Freeway and 11091 Chapin Road, Texas, from Mary's Creek, LLC for $5,980,650.00 and Closing Costs of $41,000.00 for Open Space
Conservation Program, Parkland, and Water Utility Improvements; Authorize the Conveyance of 21.098 Acres of Land to Tarrant Regional Water
District for $1,371,370.00 for the Mary's Creek Lift Station Site and Force Main Alignment Pump Station; Authorize the Exchange of Various
Easements with Tarrant Regional Water District; Adopt Appropriation Ordinances, and Amend the Fiscal Years 2026-2030 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 92.01 acres of land located at the general physical address of 11900 West
Freeway, and 11091 Chapin Road, Tarrant County, Texas 76008, from Mary's Creek, LLC in the amount of $5,980,650.00;
2. Authorize the payment of closing costs in an amount up to $41,000.00;
3. Authorize the City Manager or his designee to execute the contract of sale for the 92.01-acre purchase and record the appropriate
instruments;
4. Authorize the direct sale of a fee-simple interest in approximately 21.098 acres of land, which is a portion of the approximately 92.01 acres
being acquired by the City of Fort Worth, to Tarrant Regional Water District for $1,371,370.00;
5. Authorize the City Manager or his designee to execute an Interlocal Agreement with the Tarrant Regional Water District and to record the
appropriate instruments for (i) the direct sale of the 21.098 acres of land and (ii) the exchange of easements between the parties;
6. Authorize the conveyance of various easements to Tarrant Regional Water District for a Pipeline and Pump Station Project at no cost and
find that such easements serve a public purpose and that adequate controls are in place to carry out the public purpose;
7. Dedicate approximately 51.01 acres of the Property as parkland with the exact boundary to be determined at a later date with the
understanding that at no point will any dedicated parkland include areas in which water utilitiies exist or are designated to exist in the future;
8. Conserve approximately 20 acres of the property as natural area for the Open Space Conservation Program with the abiliry to reserve future
property rights for the Fort Worth Water Department designated on the attached map;
9. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Park & Recreation Department (PARD)
Dedication Fees Fund, in the amount of $3,329,316.66 from Developer Cash and Contributions in City Project No's. UN8218 Community
Park 18, UN8220 Community Park 20, and UN8225 Community Park 25, for the purpose of funding the Mary's Creek land acquisition
project (City Project No. 106541);
10. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund by increasing estimated receipts and
appropriations in the OSAcq — Mary's Creek Project (City Project No.106643) in the amount of $1,307,296.67 and decreasing estimated
receipts and appropriations in the Open Space Appropriations project (City Project No. PA0001) by the same amount; and
11. Amend the Fiscal Years 2026-2030 Capital Improvement Program.
DISCUSSION:
The Purpose of the Mayor and Council Communication (M&C) is to seek approval to acquire a fee-simple interest in an approximately 92.01 acre
parcel of land in the James Johnson Survey, Abstract No. 871, and the Jonathan Burleson Survey, Abstract No. 78, Tract A, Tract 3C, and a portion
of 3B located at a general phyiscal address of 11900 West Freeway and 11091 Chapin Road, Tarrant County, Texas 76008 (Property) in a joint
acquisition between the following departments:
• Park & Recreation Department (PARD) (51.01 Acres +/-);
• Open Space Conservation Program (Open Space) (19.902 Acres +/-);
• Fort Worth Water Department utilities (within portions of the Open Space dedicated areas) ; and
• Tarrant Regional Water District (TRWD) (21.098 Acres).
This acquisition aligns with the PARD GREENprint Fort Worth: Parks, Recreation, Open Space, and Public Realm Master Plan, which calls for the
provision of adequate park and recreational areas, and with the Open Space Conservation Program mission to preserve high qualiry natural areas
in Fort Worth.
The Open Space Working Group assessed the property utilizing the Open Space Tool (mapping) which identifies the majority of the property as
"very high" to "high" priority for conservation based on available data. Conservation of this property supports the Open Space goals including
ecosystem preservation, the protection of floodplains and water quality, improving equitable access to open space, and providing future
recreational opportunities that can improve communiry health.
This acquisition of the Property 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 Ciry's park system.
Mary's Creek, LLC (Seller) has agreed to sell the Property for $65,000.00 per acre for a total purchase price of $5,980,650.00. The purchase
price is supported by an independent appraisal. The mineral estate will not be acquired and the deed will contain a surface-use waiver for the
exploration of the mineral estate. The real estate taxes will be pro-rated, with the Seller being responsible for taxes up to the closing date. The City
will pay closing costs in an amount up to $41,000.00.
A portion of the purchase price in the amount of $1,307,297.00 will be provided from the 2022 Bond Program Fund in the Open Space
Conservation Program (OSAcq — Mary's Creek City Project No. 106643) to conserve approximately 20 acres as a natural area under the Open
Space Conservation Program and pay for the Phase II environmental site assessment.
The Fort Worth Water Department (Water Department) will need some property interests on approximately 2.984 acres within the planned Open
Space dedicated areas of the Property for a sewer line to serve the Mary's Creek Water Reclamation Facility on the adjacent property, the location
for the sewer line being needed along the western and southern parts of the property just north of the existing creek. Upon acquisition of the
Property, the Water Department, in conjunction with the Property Management Department, will file Notices of Facilities in the deed records of
Tarrant County, Texas for the areas where its sewer line facilities will be located on the Property which will all be located within the Open Space
dedicated areas. The Water Department is contributing $41,938.00 for its use of the Open Space dedicated areas. The Water Department has
already provided earnest money in the amount of $99,100.00 for the purchase of the Property, therefore, Open Space will reimburse the Water
Department at closing for the balance of the earnest money deposit.
Approximately 51.01 acres of the property will be dedicated as parkland to be determined by a future master planning effort.
TRWD will need approximately 21.098 acres of land which is situated in the James C. Johnson Survey, Abstract No. 871, City of Fort Worth,
Tarrant County, Texas, and being a portion of a called 145-286/1000 acre tract of land further described as Parcel No. 1 conveyed to Mary's Creek,
LLC recorded in Instrument No. D225138783 of the Official Public Records of Tarrant County, Texas (TRWD Property) for its facilities (future
pipeline and pump station) and has agreed to pay $1,371,370.00 for fee-simple land acquisition up-front and will allow the City to use such funds
for the overall purchase of the Property. The City and TRWD will execute an Interlocal Agreement (ILA) for the direct sale of the TRWD Property as
permitted under section 272.001(b)(5) of the Texas Local Government Code. The ILA will outline the obligations of both parties for the conveyance
of the TRWD Property to TRWD. The ILA will also include the exchange of easements between the two parties that are needed to serve both the
Water DepartmenYs Mary's Creek Water Reclamation Facility and TRWD's Pipeline and Pump Station as permitted under Section 272.001(I) of
the Texas Local Government Code.
Environmental investigations are currently in progress and the findings will be reviewed and cleared before closing.
Funding for this project was not included in the PARD Fiscal Years 2026-2030 Capital Improvement Program due to the unpredictability of
parkland acquisitions. The action in this M&C will amend the Fiscal Years 2026-2030 Capital Improvement Program, as approved in connection
with Ordinance 27979-09-2025.
This acquisition is also 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 an acquisition 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).
Funding is budgeted in the 2022 Bond Program Fund, the PARD Dedication Fees Fund and the Water & Sewer Bond 2017A Fund for the
Property Management Department for the purpose of funding the Mary's Creek and OSAcq-Mary's Creek projects.
The following table demonstrates the funding for the acquisition:
Funding Source �Amount
30110 - PARD Dedication Fees Fund $3,329,316.66
34027-2022 Bond Program Fund $1,307,296.67 �� ��, �rrT�
56011 - Water & Sewer Bond 2017A $13,666.67 '`J
� .s�'1' / � ��
Unappropriated - TRWD funding paid directly to closing �1,371,370.00 �E / �� `��
ayent -- I, 3�►��37�0
?otal $6,021,650.00I
This ro e is currentl within the ETJ and will otentiall be located in COUNCI�DISTR ��y ( re 3�, � l
p p�ty y p y I at a fu�u date.
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, the Community Park 18, Community Park 20 and Community Park 25 projects within the PARD Dedication Fees Fund and in the
MC LS Site & FM Align project within the Water & Sewer Bond 2017A Fund, and upon approval of the above recommendations and adoption of
the attached appropriation ordinances, funds will be available in the 2022 Bond Program Fund for the OSAcq-Mary's Creek project and in the
PARD Dedication Fees Fund for the Mary's Creek project, to support the acquisition of land. Prior to an expenditure being incurred, the Property
Management Department, City Manager's Office, Park & Recreation Department and Water Department have the responsibility of verifying the
availability of funds.
Submitted for Citv Manaaer's Office bv: Valerie Washington 6199
Oriainatina Business Unit Head: Marilyn Marvin 7708
Dave Lewis 5717
Additional Information Contact: StuartYoung 8379
Joel McElhany 5745
Expedited
CERTIFICATE OF INTERESTED PARTIES
Complete Nos. 1- 4 and 6 if there are interested partfes.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Mary's Creek, LLC
Fort Worth, TX United States
2 Name of governmental entiry or state agency that is a party to the contract for whlch the form is
befng filed.
ciry of Fort worth
FORnn 1295
1 of 1
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2025-1380726
Date Filed:
10/23/2025
Date Acknowledged;
3 Prov(de the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
103648
real estate
Nature of interest
4
Name of Interested Party City, State, Country (place of businessj (check applicable)
Controlling Intermediary
Moore, Ardon
5 Check only ff there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is r1 Y�w� ►- 117� ��'
Fort Worth, TX United States X
� and my date of blrth is �� � �
My address is �� 0�� IMu,S � L k,�.C�►
, ��1 a �� . �C , '�lo I O �' , l�t.S A�.
(city) (state) (zip code) (country)
I declare under penalty of pery'ury that the foregoing (s true and correct. ,_
Executed in �11��iV'Ge� County, State of T�aS , on ihe �3 d of �U`O4W , 20 f� ,
(month) (year)
Sign e of authorized agent of contracting business entiry
(Declarent)
Forms provided by Texas Ethics Commission www.ethics.state.bc.us Version V4.1.O.f10dOfd8