HomeMy WebLinkAboutContract 32302 CITY SECRETARY r
CONTRACT NO. -
THIS PURCHASE CONTRACT ("Contract") is made and entered into by and between
the CITY OF FORT WORTH, TEXAS, acting by and through its duly authorized City Manager
or Assistant City Manager ("Seller") and Stephen E. Leach ("Purchaser") as of the date on
which this Contract is executed by the last to sign of Seller and Purchaser("Effective Date").
RECITALS
1. Seller is the owner of the approximately 3.380 acres of land out of the Garcia, Montez
and Duran Survey, Abstract Number 626 and the D.E. Norton Survey, Abstract Number
1174 and more particularly described in the attached Exhibit "A" ("Property").
2. Seller leased the Property to Purchaser in August 8, 1997 and Purchaser continues to
lease the Property.
3. Seller desires to sell the Property to Purchaser for fair market value as provided under
Section 272.001 of the Texas Local Government Code.
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 the Property to Purchaser, and Purchaser agrees to
purchase and accept the Property from Seller, for the Purchase Price (as defined below), subject
to the terms and conditions set forth in this Contract.
(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 (as defined below in Section 3) that are not cured and that are subsequently
waived pursuant to Section 3 below ("Permitted Encumbrances") and those easements
reservations shown on the deed.
(c) Seller shall retain all mineral interest and rights of leasing such mineral interests
in the Property.
Section 2. Purchase Price, "As Is", Independent Contract Consideration, and Earnest
Money.
(a) The purchase price ("Purchase Price") for the Property, payable by Purchaser to
Seller in cash at Closing (defined below), is One Hundred and Sixty Thousand Dollars.
($160,000.00)
(b) ACCORDINGLY, EXCEPT AS EXPRESSLY STATED IN __'WS---
AGREEMENT, PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS
NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATESDISCLAIMS
ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS,
AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER,
WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR
FUTURE, OF, AS, TO CONCERNING OR WITH RESPECT TO (A) THE VALUE,
NATURE, QUALITY OR CONDITION OF THE PROPERTY INCLUDING, WITHOUT
LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE
DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY
FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT
THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS
OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF
ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE
HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER
OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY,
INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF
REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER
WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT SELLER HAS
NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY
REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL
PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS,
ORDERS OF REQUIREMENTS, INCLUDING SOLID WASTE, AS DEFINED BY THE
U. S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R.,
PART 261, OR THE DISPOSAL OR EXISTENCE IN OR ON THE PROPERTY, OF
ANY HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE
ENVIRONMENT RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS
AMENDED, AND REGULATIONS PROMULGATED THEREUNDER. PURCHASER
FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE
OPPORTUNITY TO INSPECT THE PROPERTY, PURCHASER IS RELYING SOLELY
ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY
INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER. AS A MATERIAL
PART OF THE CONSIDERATION FOR THIS AGREEMENT, SELLER AND
PURCHASER AGREE THAT PURCHASER IS TAKING THE PROPERTY "AS IS"
WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE IS NO
WARRANTY BY SELLER THAT THE PROPERTY IS FIT FOR A PARTICULAR
PURPOSE. PURCHASER ACKNOWLEDGES THAT IT IS NOT RELYING UPON
ANY.REPRESENTATIONS, STATEMENTS, ASSERTIONS OR NON-ASSERTIONS BY
THE SELLER WITH RESPECT TO THE PROPERTY CONDITION, BUT IS RELYING
SOLELY UPON ITS EXAMINATION OF THE PROPERTY. PURCHASER TAKES
THE PROPERTY UNDER THE EXPRESS UNDERSTANDING THERE ARE NO
EXPRESS OR IMPLIED WARRANTIES (EXCEPT FOR LIMITED WARRANTIES OF
TITLE SET FORTH IN THE CLOSING DOCUMENTS). PROVISIONS OF THIS
SECTION SHALL SURVIVE THE CLOSING. IT IS UNDERSTOOD AND AGREED
THAT THE PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR NEGOTIATION
TO REFLECT THAT ALL OF THE PROPERTY IS SOLD BY SELLER AND
PURCHASED BY BUYER SUBJECT TO THE FOREGOING. PURCHASER
ACKNOWLEDGES AND ACCEPTS ALL THE TERMS AND PROVISIONS BY HIS
ACCEPTANCE HEREOF. -
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(c) Contemporaneously with the execution of this Contract, Purchaser shall deliver to
Seller a check in the amount of Fifty Dollars ($50.00) ("Independent Contract Consideration"),
as independent consideration for Seller's execution, delivery, and performance 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.
(d) Within fifteen (15) days after the execution and delivery of this Contract by
Purchaser to Seller, Purchaser shall deliver to Title Company (as defined below in Section 3) a
check payable to the order of Title Company or other means of funding reasonably satisfactory
to Seller in the amount of 2.5% ("Earnest Money") of the Purchase Price. Title Company shall
hold the Earnest Money in escrow and deliver it in accordance with the provisions of this
Contract. The Title Company shall invest the Earnest Money in an interest bearing account
through a bank or other financial institution selected by Purchaser (hereafter, all references in
this Contract to Earnest Money include the amount deposited by Purchaser with the Title
Company pursuant to this Section 2(c) together with all interest accrued thereon).
Section 3. Title Commitment and Survey.
(a) Within thirty (30) days after the Effective Date, Purchaser may obtain, at
Purchaser's sole cost and expense (i) an Owner's Commitment for Title Insurance ("Title
Commitment") from Commerce Title Company, Attn: Susan Griffin, Star Village Commons,
3980 Boat Club Road, Suite 102, Fort Worth, Texas 76135 ("Title Company"), setting forth the
status of the title of the Property and showing all Encumbrances and other matters, if any,
relating to the Property; and (ii) a legible copy of all documents referred to in the Title
Commitment, including but not limited to, plats, reservations, restrictions, and easements.
(b) Within ten (10) days after the Effective Date of this Contract, Seller shall provide
to Purchaser a copy of any survey of the Property in Seller's possession. Within thirty (30) days
after the Effective Date, Purchaser may obtain, at Purchaser's sole cost and expense, an updated
survey ("Survey") consisting of a map of survey and field notes describing the Property, prepared
pursuant to a current on-the-ground staked survey performed by a professional land 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, 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 description of the Property.
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(c) If the Title Commitment or Survey discloses any Encumbrances or other matters
which are not acceptable to Purchaser in Purchaser's sole discretion, then Purchaser shall give
Seller written notice thereof within fifteen (15) days after receipt of the Title Commitment,
Survey and all documents referred to in the Title Commitment, specifying Purchaser's objections
("Objections"), if any. If Purchaser gives such notice to Seller, Seller shall use its best efforts to
cure the Objections, but shall be under no obligation to do so.
(d) If Purchaser gives notice of Objections and Seller does not cure the Objections,
cause the Title Commitment and Survey to be amended to give effect to matters that are cured,
and give Purchaser written notice thereof within the fifteen (15) day period following receipt of
the notice from Purchaser ("Cure Period"), Purchaser shall have the right either (i) to terminate
this Contract by giving written notice thereof to Seller at any time after the expiration of such
Cure Period but prior to the expiration of the Option Period, and, upon such termination,
Purchaser shall be entitled to the return of the Earnest Money, and neither party hereto shall have
any further rights or obligations, or (ii) to waive the Objections and consummate the purchase of
the Property subject to the Objections which shall be deemed to be Permitted Encumbrances.
Notwithstanding the foregoing sentence, if Seller has commenced curing the Objections and is
diligently prosecuting the same, as determined by Purchaser in Purchaser's sole discretion, then
Purchaser in Purchaser's sole discretion may extend the Cure Period for an amount of time
Purchaser deems necessary for Seller to cure the same.
Section 4. Option Period.
(a) Notwithstanding anything to the contrary contained in this Contract, until forty-
five 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 use.
(b) If Purchaser is not satisfied in Purchaser's sole and absolute discretion as to the
condition precedent described in Section 4(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, neither party shall have any further rights or obligations under this
Contract.
(c) If Purchaser does not terminate this Contract prior to the expiration of the Option
Period, then the Earnest Money shall become non-refundable to Purchaser except in the event of
Seller's default in the performance of Seller's obligations under this Contract, and Title
Company shall release the Earnest Money to Seller at any time thereafter upon request by Seller.
(d) The provisions of this Section 4 control all other provisions of this Contract.
Section 5. Tests. Purchaser, at Purchaser's sole cost and risk, shall have the right to
go on to the Property, including the Improvements, to make inspections, surveys, test borings,
soil analyses, and other tests, studies and surveys, including without limitation, environmental
tests, borings, analyses, and studies ("Tests"). Purchaser shall provide Seller with a copy of any
written reports related to Tests of the physical condition of the Property that Purchaser.and its
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consultants conduct on the Property. If the sale of the Property is not consummated pursuant to
this Contract, Purchaser shall restore the surface of the Property to as near as practicable the
condition existing prior to any entry by Purchaser.
Section 6. Condition of the Property until Closing; Cooperation
(a) Maintenance and Operation. Because the Property is under Lease to Purchaser, until
closing, Purchaser will (a) maintain the Property as it existed on the Effective Date, except for
reasonable wear and tear and casualty damage; (b) operate the Property in the same manner as it
was operated on the Effective Date; and (c) comply with all contracts and governmental
regulations affecting the Property. Until the end of the Option Period, Seller will not enter into,
amend, or terminate any contract that affects the Property other than in the ordinary course of
operating the Property and will promptly give notice to Purchaser of each new, amended, or
terminated contract, including a copy of the contract, in sufficient time so that Purchaser may
consider the new information before the end of the Option Period. If Seller's notice is given
within three days before the end of the Option Period, the Option Period will be extended for
three days. After the end of the Option Period, Seller shall not enter into, amend, or terminate
any contract that affects the Property without first obtaining Purchaser's written consent.
(b) Casualty Damage. Purcahser will notify Seller promptly after discovery of any
casualty damage to the Property. Seller will have no obligation to repair or replace the Property
if it is damaged by casualty before closing. Purchaser may terminate this contract if the casualty
damage that occurs before closing would materially affect Purchaser's intended use of the
Property, by giving notice to Seller within fifteen days after receipt of Seller's notice of the
casualty (or before closing if Seller's notice of the casualty is received less than fifteen days
before closing). The casualty damage will be deemed to materially affect Purchaser's intended
use if the estimated amount of the damage exceeds ten percent of the Purchase Price. If
Purchaser does not terminate this contract, Seller will convey the Property to Purchaser in its
damaged condition.
(c) Claims; Hearings. The parties will notify each other promptly of any claim,
administrative hearing or lawsuit that is threatened, filed, or initiated before closing that affects
the Property.
Section 7. Closing Conten2encies.
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 fifteen (15) days after the satisfaction of the
following contingencies to Closing ("Closing Contingencies"), 30 days from the expected date of
full execution of the contract but not later than November 1, 2005. The Closing Contingencies
are as follows:
(1) the Property must be connected to either the City of Fort Worth water system, or the
City of Fort Worth sewer system, a municipal water system or a municipal sewer
system;
(2) all taxes on the Property are current and not in a delinquent status;
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(3) all payments or money due to the City of Fort Worth must be current and not in a
delinquent status, "payments" and "money due" includes, but is not limited to lease
payments, garbage fees and water and sewer fees;
(4) all the liens on the Property securing any indebtedness to Seller must be paid and
released;
(5) the Property is not served by a septic tank or a drainage field off the Property.
(6) The Property is in compliance with all state and local rules regarding the septic
system.
Section 8. Closing
(a) At the Closing, all of the following shall occur, all of which are deemed
concurrent conditions:
(1) Seller, at Seller's sole cost and expense, shall deliver or cause to be
delivered to Purchaser the following:
(i) a Special Warranty Deed ("Deed"), fully executed and
acknowledged by Seller, conveying to Purchaser good and indefeasible fee
simple title to the Property subject only to the Permitted Encumbrances,
with the precise form of the Deed to be determined pursuant to Section 10
below;
(ii) Any other instrument or document necessary for Title Company to
issue the Owner Policy in accordance with Section 8(a)(4) 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,
(3) Purchaser shall be responsible for all closing costs and prorations.
(4) 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 are Permitted Encumbrances, there shall be no
exception for rights of parties in possession, other than existing tenants
under executed leases and the standard exception for taxes shall read:
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"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";
(5) The Earnest Money shall be applied to the Purchase Price at Closing.
(6) Seller and Purchaser shall each pay their respective attorneys' fees and
Purchaser shall be responsible for all of the escrow and recording fees.
(b) Ad valorem and similar taxes and assessments, if any, relating to the Property
shall be prorated between Seller and Purchaser as of the Closing Date, based on estimates of the
amount of taxes that will be due and payable on the Property during the calendar year in which
the Closing occurs. As soon as the amount of taxes and assessments on the Property for that year
is known, Seller and Purchaser shall readjust the amount of taxes to be paid by each party with
the result that Seller shall pay for any taxes and assessments applicable to the Property up to and
including the date of Closing, and Purchaser shall pay for those taxes and assessments applicable
to the Property after the Closing. The provisions of this Section 8(b) survive the Closing.
Section 9. Agents. Seller and Purchaser each represent and warrant to the other that it
has not engaged the services of any agent, broker, or other similar party in connection with this
transaction.
Section 10. Closing Documents. No later than ten (10) days prior to the Closing
Date, Seller shall deliver to Purchaser
(a) a copy of the Deed, which is attached as Exhibit B;
(b) a copy of the Sewer Disclosure Notice which is attached as Exhibit C
Section 11. 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, (iv) deposited into the custody of Federal Express Corporation to be sent by
FedEx Overnight Delivery or other reputable overnight carrier for next day delivery, addressed
to the party at the address specified below, or (v) telecopied to the party at the telecopy number
Listed below, provided that the transmission is confirmed by telephone on the date of the
transmission.
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(b) The address of Seller under this Contract is:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Lisa Scotford
Telephone: 817-392-8364
Telecopy: 817-392-8361
(c) The address of Purchaser under this Contract is:
Stephen E. Leach
4729 Collinwood Ave
Fort Worth, Texas 76107
Attention: Stephen E. Leach
Telephone: 817-246-9168
Telecopy: 817-367-2111
(d) From time to time either party may designate another address or telecopy number
under this Contract by giving the other party advance written notice of the change.
Section 12. 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, whereupon neither party hereto shall have any further rights
or obligations hereunder, and Title Company shall deliver the Earnest Money to Seller as
liquidated damages, free of any claims by Purchaser or any other person with respect thereto. It
is agreed that the Earnest Money is a reasonable forecast of just compensation for the harm that
would be caused by Purchaser's breach and that the harm that would be caused by such breach is
one that is incapable or very difficult of accurate estimation, and that the payment of these sums
upon such breach shall constitute full satisfaction of Purchaser's obligations hereunder.
(b) If Seller fails or refuses to consummate the sale of the Property pursuant to this
Contract at Closing or 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 terminate this
Contract by giving written notice thereof to Seller prior to or at the Closing whereupon the
Earnest Money and any Improvement Dollars that have been deposited with the Title Company
shall be returned to Purchaser and neither party hereto shall have any further rights or obligations
hereunder.
(c) If either Seller or Purchaser becomes entitled to the Earnest Money upon
cancellation of this Contract in accordance with its terms, Purchaser and Seller covenant and
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agree to deliver a letter of instruction to the Title Company directing disbursement of the Earnest
Money to the party entitled thereto.
Section 13. 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 14 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 consent of the other party.
Section 15. Time for Execution. If Seller has not executed and returned a fully
executed copy of this Contract to Purchaser by 5:00 p.m, Fort Worth, Texas time on August 30,
2005, this Contract shall be null and void.
Section 16. Time of the Essence. Time is of the essence under this Contract.
Section 17. Takinst 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 whereupon the Earnest Money that has been
deposited with the Title Company shall be returned to Purchaser, 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 18. Governinp-Law. This Contract shall be governed by and construed in
accordance with the laws of the State of Texas.
Section 19. Performance of Contract. The obligations under the terms of the
Contract are performable in Tarrant County, Texas, and any and all payments under the terms of
the Contract are to be made in Tarrant County, Texas.
Section 20. Venue. Venue of any action brought under this Contract shall be in Tarrant
County, Texas if venue is legally proper in that county.
Section 21. Severability. If any provision of this Contract is held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabi ity will not
affect any other provision, and this Contract will be construed as if such invali , .illegal, or, v,: ti.✓
unenforceable provision had never been contained herein. I ;;.`,, .fII777� a
-41
Section 22. Business Days. If the Closing date or the day for performance of any act
required under this Contract falls on a Saturday, Sunday, or legal holiday, then the Closing date
or the day for such performance, as the case may be, shall be the next following regular business
day.
Section 23. 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 24. Survival. The obligations of this contract that cannot be performed before
termination of this contract or before closing will survive termination of this contract or closing,
and the legal doctrine of merger will not apply to these matters. If there is any conflict between
the Closing Documents and this contract, the Closing Documents will control.
Section 25. Contract Construction. The parties acknowledge that each party and, if it so
chooses, its counsel have reviewed and revised this Agreement and that the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting party must
not be employed in the interpretation of this Agreement or any amendments or exhibits hereto.
Exhibits
The following are attached to and are a part of this contract:
Exhibit A—Description of the Land
Exhibit B- Special Warranty Deed
Exhibit C- Sewer Disclosure Notice
This Contract is executed as of the Effective Date.
SELLER: PURCHASER:
CITY
By WORTH STEP AC J
`
All
a c. Ott Assis anY City Manager each
Date: /DaTt –d
Attest
Marty Hendrix �}
City Secretary
Contract huthorizatiox
Approv to Legality and Form
Dat-
As start `UFRUl MUND
10 CIF 3���gi�E "Y
By its execution below, Title Company acknowledges receipt of the Earnest Money described in
this Contract and agrees to hold and deliver the same and perform its other duties pursuant to the
provisions of this Contract.
TITLE COMPANY:
Commerce Title Company, Star Village Commons, 3980
Boat Club Road, Suite 102, Fort Worth, Texas 76135
By:
Susan Griffin
Title:
Date:
11
FoF,TWOP,TH Exhibit "AT'
Real Property Description
for a 3.380 acre Tract of Land
out of Block 32
Lake Worth Leases
A tract of land out of the Garcia, Montez, and Duran Survey, Abstract Number 626, and
the D. E. Norton Survey, Abstract Number 1174, and being a portion of those certain
tracts of land conveyed to the City of Fort Worth, by deeds recorded in Volume 351,
Page 578, and Volume 379, Page 245, Deed Records, Tarrant County, Texas, and further
being a portion of Block 32, Lake Worth Lease property, according to maps on file in the
Department of Engineering, File Number J-175;
BEGINNING at a 5/8" iron rod found for the northeast corner of Lot 14I, Block 32, Lake
Worth Leases, according to plat recorded in Cabinet A, Slide 9039, plat Records, Tarrant
County, Texas, and further being North 89 degrees 41 minutes 28 seconds West, 347.61
feet, and North 00 degrees 18 minutes 32 seconds East, 2,653.14 feet, from U. S. Army
Corps or Engineers Survey Marker Stamped AFP 4-7, found in place of Lake Worth
Boundary Monument Number 17m for the southeast corner of said Norton Survey;
THENCE: with the north line of said Lot, South 85 degrees 52 minutes 42 seconds West,
at 79.80 feet, pass a 1/2" iron rod found, at 105.60 feet, pass a 5/8" iron rod set, in all
135.67 feet, to its northwest corner, being in the 5 94.0 contour line for the Lake Front
Property Line of the waters of Lake Worth, and being the most westerly southwest corner
of the herein described tract;
THENCE: the following described courses and distances, with the 594.0 contour line for
the Lake Front Property Line of the waters of Lake Worth;
North 00 degrees 11 minutes 16 seconds West, 223.42 feet;
North 09 degrees 22 minutes 23 seconds East, 104.02 feet;
North 61 degrees 47 minutes 08 seconds East, 166.47 feet;
North 42 degrees 29 minutes 18 seconds East, 49.69 feet;
North 53 degrees 03 minutes 20 seconds East, 35.64 feet)-
South
eet;South 76 degrees 06 minutes 11 seconds East, 23.13 feet;
South 38 degrees 23 minutes 32 seconds East, 36.14 feet;
South 26 degrees 28 minutes 32 seconds East, 47.57 feet;
South 09 degrees 51 minutes 49 seconds East, 100.91 feet;
South 27 degrees 14 minutes 07 seconds East, 102.79 feet;
South 10 degrees 11 minutes 54 seconds West, 91.63 feet;
ENGINEERING DEPARTMENT
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102-6311
(817) 871-7941 * FAx (817) 871-7854
�.s Printed on recycled paper
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THENCE: continuing the following described courses and distances, with the 594.0
contour line for the Lake Front Property Line of the waters of Lake Worth,
South 24 degrees 59 minutes 03 seconds West, 62.02 feet;
South 19 degrees 03 minutes 03 seconds East, 57.36 feet;
and South 02 degrees 21 minutes 19 seconds East, 63.18 feet,
to the most easterly southeast corner of the herein described tract;
THENCE: departing said Lake Front Property Line, South 43 degrees 01 minutes
12 seconds West, at 73.61 feet, pass a 5/8" iron rod with a red plastic cap marked"City
of Fort Worth Survey Division" set, in all 143.61 feet, to a 5/8" iron rod with a red plastic
cap marked "City of Fort Worth Survey Division" set;
THENCE: North 82 degrees 23 minutes 11 seconds West, 43.46 feet, to an aluminum
capped 5/8" iron rod set, said iron being in a curve having a radius of 50.0 feet, and
further being in the right-of-way dedication for the cul-de-sac at the north end of Bomber
Road, according to said plat,
THENCE: northwesterly with said curve, to the left, through a central angle of 205
degrees 24 minutes 19 seconds, an arc distance of 179.25 feet, to a railroad spike set, in
the east line of said Lot,the chord of said curve bears North 30 degrees 34 minutes 47
seconds West, a distance of 97.55 feet;
THENCE: with the east line of said Lot, North 05 degrees 04 minutes 35 seconds West,
93.58 feet,to the Place of Beginning, and containing some 3.380 acres of land, more or
less:
SAVE and EXCEPT, the following described tract of land for the purpose of
maintaining, operating, and constructing an inundation/floodplain;
BEGINNING at the northwest corner of said Lot, being in the 594.0 contour line for the
Lake Front Property Line of the waters of Lake Worth, and being the most westerly
southwest corner of the herein described tract;
THENCE: the following described courses and distances, with the 594.0 contour line for
the Lake Front Property Line of the waters of Lake Worth;
North 00 degrees 11 minutes 16 seconds West, 223.42 feet;
North 09 degrees 22 minutes 23 seconds East, 104.02 feet;
North 61 degrees 47 minutes 08 seconds East, 166.47 feet,
North 42 degrees 29 minutes 18 seconds East, 49.69 feet;
North 53 degrees 03 minutes 20 seconds East, 35.64 feet,
South 76 degrees 06 minutes 11 seconds East, 23.13 feet;
South 38 degrees 23 minutes 32 seconds East, 36.14 feet;
South 26 degrees 28 minutes 32 seconds East, 47.57 feet;
South 09 degrees 51 minutes 49 seconds East, 100.91 feet;
South 27 degrees 14 minutes 07 seconds East, 102.79 feet;
South 10 degrees 11 minutes 54 seconds West, 91.63 feet;
THENCE: continuing the following described courses and distances, with the 594.0
contour line for the Lake Front Property Line of the waters of Lake Worth;
South 24 degrees 59 minutes 03 seconds West, 62.02 feet;
South 19 degrees 03 minutes 03 seconds East, 57.36 feet;
and South 02 degrees 21 minutes 19 seconds East, 63.18 feet,
to the most easterly southeast corner of the herein described tract;
THENCE: departing said Lake Front Property Line, South 43 degrees 01 minutes
12 seconds West, 42.15 feet, to a line 30 feet upland from and parallel with the Lake
Front Property Line;
THENCE: the following described courses and distances, with a line 30 feet upland from
and parallel with the Lake Front Property Line;
North 02 degrees 21 minutes 19 seconds West, 88.39 feet,
North 19 degrees 03 minutes 03 seconds West, 65.09 feet;
North 24 degrees 59 minutes 03 seconds East, 70.26 feet;
North 10 degrees 11 minutes 54 seconds East, at 13.89 feet, pass a 5/8" iron rod with a
red plastic cap marked "City of Fort Worth Survey Division" set, in all 77.57 feet;
North 27 degrees 14 minutes 07 seconds West, at 5.61 feet, pass a 5/8" iron rod with a
red plastic cap marked "City of Fort Worth Survey Division" set, in all 77.57 feet, to a
5/8" iron rod with a red plastic cap marked "City of Fort Worth Survey Division" set;
North 09 degrees 51 minutes 49 seconds west, 10 1.11 feet, to a 5/8" iron rod with a red
plastic cap marked "City of Fort Worth Survey Division" set;
North 26 degrees 28 minutes 32 seconds West, 40.06feet;
North 38 degrees 23 minutes 32 seconds West, 21.71 feet;
South 53 degrees 03 minutes 20 seconds West, 17.77 feet;
South 42 degrees 29 minutes 18 seconds West, 52.02 feet, to a 5/8" iron rod with a red
plastic cap marked "City of Fort Worth Survey Division" set;
South 61 degrees 47 minutes 08 seconds West, 156.80 feet; , to a 5/8" iron rod with a red
plastic cap marked "City of Fort Worth Survey Division' set;
South 09 degrees 22 minutes 23 seconds West, 86.74 feet; , to a 5/8" iron rod with a red
plastic cap marked "City of Fort Worth Survey Division' set;
and South 00 degrees 11 minutes 16 seconds East, 218.85 feet, to a 1/2" iron rod found in
the north line of said Lot;
THENCE: with the north line of said Lot, South 85 degrees 52 minutes 42 seconds West,
30.07 feet, to the Place of Beginning and containing some 0.778 acres of land, more
or less.
Surveyed on the ground in October, 2000 through May 2004, survey of 3.380 acres
prepared in January 2005, from previous survey.
Basis of Bearing: Texas Coordinate System, North Central Zone, NAD 27
"In accordance with the Texas Board of Professional land Surveying, General Rules of
Procedures and Practices, 663.19(9), this"report"consist of the legal description
included herein, and a Map of Survey.
OT,E,q�xI
SANS� y$EN .
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Exhibit B
Special Warranty Deed Form
EXAMPLE OF
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ Know All Persons by These Presents:
COUNTY OF TARRANT §
Date:
Grantor: CITY OF FORT WORTH
Grantor's Mailing Address: 1000 Throckmorton Street
Fort Worth, Tarrant County, Texas 76102
Grantee:
Grantee's Mailing Address:
Consideration:TEN AND NO/100 DOLLARS ($10.00) and other good and valuable
consideration.
Property.
Reservation from and Exceptions to Conveyance and Warranty:
An avigation easement is reserved on behalf of the public for free and unobstructed
passage of aircraft over the subject property in the navigable airspace above the minimum
altitudes of flight prescribed by federal regulations, including airspace needed to ensure
safety in the takeoff and landing of aircraft. Grantee hereby releases the Grantor, its
officers, agents and employees from any and all claims and liability resulting from the
noise, vibration, fumes, dust fuel, electromagnetic interference and lubricant particles and
all other effects, whether such claims are for injury or death to person or persons or
damages to or taking of property, arising out of or in connection with the use of this
easement, when such use is in compliance with the regulations and guidelines of the Federal
Aviation Administration, successor agency, or other governmental authority with
jurisdiction over the matter.
For Grantor and Grantor's, successors and assigns forever, a reservation of all oil, gas, and other
minerals in and under and that may be produced from the Property. 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. _
y fir+
IJ
Grantor and Grantor's successor or assigns shall have any right to enter the Property in
accordance with adopted City Ordinances governing gas and oil exploration and development.
This conveyance is further subject to all restrictions, reservations, easements, prescriptions, right
of way, maintenance or similar charges and any liens securing the payment thereof, declarations,
covenants and conditions of record, if any, only to the extent they are presently in effect.
Grantee acknowledges that Grantor has not made and does not make any representations as to
the physical condition, or any other matter affecting or related to the property (other than
warranties of title as provided and limited herein). Grantee expressly agrees that, to the
maximum extent permitted by law, the property is conveyed "AS IS" and "WITH ALL
FAULTS", and Grantor expressly disclaims, and Grantee acknowledges and accepts that Grantor
has disclaimed, any and all representations, warranties or guaranties, of any kind, oral or written,
express or implied (except as to title as hereafter provided and limited) concerning the property
including without limitation the value, condition, merchantability, habitability, marketability,
profitability, suitability or fitness for a particular use or purpose, of the property.
Grantor expressly reserves out of the property conveyed in this instrument a perpetual flowage
easement including the right to inundate, flood and overflow all of the property as shown on the
recorded plat. Grantor shall not be liable for any damages resulting from the reasonable use of
this easement. Further, Grantee shall not construct any structures and/or improvements beyond
the established lake front property line, unless specifically permitted in the following paragraph.
Any and all such permitted structures and/or improvements which extend into the flowage
easement shall be constructed at a minimum finished floor elevation level of six hundred and one
(601) feet.
There is expressly granted unto Grantee an easement without warranty expressed or implied over
the lands of the Grantor and the waters of Lake Worth, as they may be located from time to time,
for water recreational purposes, for the purpose of ingress and egress to and from Lake Worth,
and for the construction, maintenance and use of piers, docks and boat houses including the
storage of boats, on the following described water and lands:
A) the lands enclosed on one side by the lakefront property line of Grantee, on a second side
by the waters of Lake Worth, and on a third and fourth side by two lines, each beginning
at opposite ends of Grantee's lakefront property line, and each being a projection of the
side lot lines of each lot as descnbed in the metes and bounds. (Hereinafter referred to as
the "Access Easement".) (See Typical Water Use and Access Easement Exhibit A,
attached hereto.);
B) the waters of Lake Worth, except that such use shall be nonexclusive except for such
piers and docks constructed thereon;
C) the land lying under the waters of Lake Worth that are adjacent to the access easement,
lying between two lines, each beginning at opposite ends of Grantee's lakefront property
line, and each being a projection of the side lot lines of each lot as described in the metes
and bounds. (See Typical Water Use and Access Easement Exhibit A, attached her_eto,1 , __l
D) All improvements, piers or structures on each easement must abut the lakefront property
line of the property conveyed herein and cannot extend into the waters of Lake Worth for
such distance as to deny access to said waters by adjoining land owners. Such
improvements, piers or structures may extend to a point 100 feet from the lakefront
property line into the waters of Lake Worth regardless of the depth of the water at the
point, or to the point at which the elevation of the land lying under Lake Worth is not
greater than 584 feet above mean sea level, but in no instance to extend further than 150
feet from the lakefront property line into the waters of Lake Worth. No construction
beyond the above mentioned limits shall be considered without the prior written approval
from the Director of Engineering for the City of Fort Worth. Variance shall be considered
on a case by case basis. A Typical Water Use and Access Easement drawing is attached
and incorporated to this Special Warranty Deed as Exhibit "A";
It is specifically understood that Grantor shall retain any and all interests in the above described
water and lands subject to such water use and access easement, and does not intend to convey
any of these interests to Grantee unless specifically granted hereto.
Operation, Maintenance and Abandonment of Sanitary Sewer/ Septic Systems
Grantee shall be responsible for operating and maintaining individual septic systems, sewer lines
and laterals on the property conveyed from the point of the City of Fort Worth sewer connection.
Grantee shall connect to public sewer service when available and Grantee shall be responsible
for all applicable connection fees. Further, Grantee shall be responsible for the proper
abandonment of the septic system, sewer lines and laterals. The cost of such abandonment shall
be the sole responsibility of Grantee. Grantee agrees to allow the Grantor access to the lot at
reasonable times for the purpose of inspecting the operation of the septic system to verify
compliance with applicable federal and state laws and statutes as well as the charter and
ordinances of the City of Fort Worth.
Grantee shall, at Grantee's expense, connect the water and sewer lines of the property to the
water and sewer systems to be installed by Grantor to serve the property, when such water and
sewer system is available for connection, including but not limited to paying tap fees and impact
fees as required by City Ordinances.
This conveyance is expressly made and accepted subject to all easements, restrictions, and other
instruments properly of record.
Nothing in this conveyance shall be construed as a waiver of the powers of Grantor to enact
ordinances as a municipal corporation or as any reservation of the power in Grantor to vary the
estates in land conveyed or reserved herein.
Grantor, for the consideration and subject to the reservations from and 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 wise belonging, to have and hold it to Grantee, Grantee's
heirs, executors, administrators, successors, and assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and
singular the property to Grantee and Grantee's heirs, executors, administrators, s4ccessors and .
assigns against every person whomsoever lawfully claiming or to claim the sam orj any part
thereof, except as to the reservations from and exceptions to conveyance and warranty, by,
through and under it, but not otherwise.
When the context requires, singular nouns and pronouns include the plural.
IN WITNESS WHEREOF, Grantors have caused this instrument to be executed on this the
day of , 20
APPROVED AS TO FORM CITY OF FORT WORTH
AND LEGALITY:
Assistant City Attomey Assistant City Manager
GRANTEE
JR :.
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Marc A. Ott,
known to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the act and deed 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
, 2003
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
' 2003
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2003
Exhibit ,. to
fhe Speelal
Warranty Deed
W°fer Use
and
AeGess Easernent
AnY structure .
K'o�orin this are, J
Use may not dcn !f waters
easement access to ad Fo of
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lOndawners inq I fake Worth
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Lakefront Property Une
' s
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Conveyed,
pubrfc Ri9ht_of lvc;y
Exhibit"C"
EXAMPLE OF DISCLOSURE NOTICE
REGARDING THE LACK OF A MUNICIPAL SEWER SYSTEM
STATE OF TEXAS §
COUNTY OF TARRANT §
Date: Seller's Name and Address:
City of Fort Worth
1000 Throckmorton
Fort Worth, Tarrant County, Texas 76102
Buyer's Name and Address:
Property: As described in attached Exhibit "A".
THIS NOTICE ("NOTICE") IS A DISCLOSURE OF THE CONDITION OF THE
PROPERTY AS OF THE DATE SIGNED AND IS NOT A SUBSTITUTE FOR
ANY INSPECTIONS OR WARRANTIES THAT MAY BE DESIRED. THIS
NOTICE IS NOT A WARRANTY OF ANY KIND.
Seller's Disclosure:
The Property is not connected to a municipal sewer system therefore, under State Law
and City of Fort Worth Ordinances, Buyer is prohibited from constructing a new or
additional structure on the Property that will require any part of a drainage field or septic
tank serving any structure on the Property to be installed outside the boundaries of the
Property.
Buyer's Acknowledgment
Buyer is aware that the Property is not connected to a municipal sewer system and
therefore, Buyer acknowledges and agrees that Buyer is prohibited from constructing a
new or additional structure on the Property that will require any part of a drainage field or
septic tank serving any structure on the Property to be installed outside the boundaries of
the Property.
1
Seller: City of Fort Worth
Marc A. Ott, Assistant City Manager
Buyer
After Recording Please Return to:
City of Fort Worth
Real Property Division
1000 Throckmorton
Fort Worth, Texas 76102
2
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Marc
A. Ott, known to me to be the person and officer whose name is subscnbed to the
foregoing instrument, and acknowledged to me that he executed the same as the act and
deed 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
2005
Notary Public
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, personally appeared James Blackburn, known to
me to be the person whose name is subscribed to the foregoing Disclosure Notice and
who acknowledged to me that the document was read in its entirety and understood and
was executed for the purposes and consideration expressed therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2005
Notary Public
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, personally appeared Barbara Blackburn, known to
me to be the person whose name is subscribed to the foregoing Disclosure Notice and
who acknowledged to me that the document was read in its entirety and understood and
was executed for the purposes and consideration expressed therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2004
Notary Public
3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/17/2005
DATE: Tuesday, May 17, 2005
LOG NAME: 30LEACHSALE REFERENCE NO.: **L-14090
SUBJECT:
Approve the Ratification and Amendment of the Lease and Sale of the Lake Worth Lease Property
Located at 1349 Bomber Road, Lake Worth Lease Map J-175, to Stephan Leach, Current Lessee of
this Lease Property
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the amendment of the Lease between the City of Fort Worth and Stephan Leach to accurately
reflect the leased property and ratify the lease;
2. Approve the sale of a 3.38 acres tract of land located in a portion of Block 32, Lake Worth Lease Map J-
175 to Stephan Leach; and
3. Authorize the City Manager to execute the appropriate documents to complete the sale.
DISCUSSION:
On July 15, 2001, House Bill 1490 was signed into law. This amendment to the Texas Local Government
code, Section 272.001(h), allows a municipality having a population of 575,000 or less and owning land
within 5,000 feet of the shoreline of a lake, without notice or the solicitation of bids, to sell the land to the
person(s) leasing the land for fair market value of the land.
The lease property is located at 1349 Bomber Road. Mr. Stephan Leach has leased the property from the
City since August 8, 1997. The current lease has expired however, the City has agreed to allow Mr. Leach
to holdover on the property on a month-to-month lease until Mr. Leach purchases the property at fair
market value. The sale price negotiated by staff is $160,000. Mr. Leach will pay all closing costs associated
with the sale.
The lease property was resurveyed and the legal description is now known as a 3.380 acre tract of land out
of the D.E. Norton Survey, Abstract No. 1147 and the Garcia, Montez, and Duran Survey, Abstract No. 626
located in a portion of Block 32, Lake Worth Lease Map J-175.
A Lease Amendment ratifying the month to month lease and revising the description must be processed to
accurately reflect the land being sold.
This particular property operates as a commercial lease and therefore was not included on the list of lease
lots previously approved for a direct sale under M&C L-13249. The lease property was re-zoned May 10,
2005 to reflect a commercial classification prior to the sale of the property. Mr. Stephan Leach has leased
the property from the City since August 8, 1997.
This property is served by a public water supply but is in not yet connected to a municipal sewer
Logname: 30LEACHSALE Pagel of 2
system. Once public sewer service is installed and available, the purchaser, Mr. Leach, will be responsible
for connection to the municipal sewer at his own expense.
This property is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Engineering Department, Real Property Division, will be responsible
for the collection and deposit of funds from the sale of this property.
TO Fund/Account/Centers FROM Fund/Account/Centers
FE70 442302 030001902000 $160,000.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
Logname: 30LEACHSALE Page 2 of 2