HomeMy WebLinkAboutContract 32445 -,'r'ETARY
0,'! I'l ikC;T NO.
CONTRACT TO SELL REAL PROPERTY TO
THE CITY OF FORT WORTH
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS
COUNTY OF TARRANT §
THAT we, Near Southeast Community Development Corporation, as ("Seller"),
for and in consideration of$27,100 (Twenty Seven Thousand One Hundred And No/100
Dollars) upon all of the terms and conditions hereof, agree to Grant, Sell, and Convey by
Special Warranty Deed to the City of Fort Worth, a municipal corporation of Tarrant
County, Texas, as ("Buyer"), a good and indefeasible fee simple title, free and clear of all
liens and encumbrances of any kind (except liens for current taxes and assessments) to
the following described real property situated in Tarrant County, Texas, to wit
Lot 7, Block 3 of W.J. Boaz's Subdivision of Block 3, Evans South Addition, an
addition to the City of Fort Worth, Tarrant County, Texas, according to the plat
thereof recorded in Volume 106, Page 28, Plat Records of Tarrant County, Texas
together with all improvements and other things incident or belonging thereto,
including all right, title and interest in or to all adjoining streets, roads or alleys.
The agreed purchase price includes full accord, satisfaction and compensation for
all demands to the remaining premises by the Seller.
1. TAXES AND ASSESSMENTS: All ad valorem property taxes on the above
described property for prior years shall be paid by the Seller. Taxes for the current
year shall be prorated to date of closing.
2. TITLE: Seller agrees to furnish a Special Warranty Deed at closing. Title will, at
the option of Buyer, be insured by a reputable title company selected by Buyer, having
an office in Fort Worth, Tarrant County, Texas. Cost of title policy shall be paid by
Buyer. In the event defects are discovered in the title which in the option of the Buyer
cannot be cured within reasonable time, then the Buyer, in lieu of completing the
purchase of the property under the terms of this agreement, can, at its sole option and
election, proceed to acquire same by condemnation proceedings; in such event, Seller
hereby agrees to be bound by the award of the special commissioners appointed by the
Court at its determination of market value and damages, if any, which market value
and damages are hereby stipulated to be and shall be the purchase price stated above.
3. CLOSING: Within reasonable time after this contract is approved by the City
Council of the City of Fort Worth, Buyer shall place its request for a title policy
covering subject property with a reputable title company having a fixed place of
business in Fort Worth, Tarrant County, Texas. Closing shall be had within
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reasonable time after title has been approved by the title company for title insurance
coverage. Seller agrees to execute and cause to be executed and deliver to Buyer at
closing, a Special Warranty Deed conveying indefeasible fee simple absolute title to
said property together with any and all other legal instruments of conveyance or
otherwise required by the title company or Buyer to consummate this transaction.
4. SPECIAL CONDITIONS: Seller agrees to sign a letter of environmental conditions
at time of closing. Such letter is shown as attached Exhibit "A" to this contract of
sale. Buyer retains the right to require a Phase I Environmental Report which must
be acceptable to Buyer. Cost of the Report will be paid by Buyer.
5. IMPROVEMENTS: The following described improvements are excepted from this
conveyance provided same are removed from the premises no later than date of
closing, to wit
Property is vacant land without improvements
However, it is understood and agreed, if for any reason, Seller fails or refuses to remove
same within the period of time described herein, then, without further consideration, the
title shall vest to the buyer for any part of such improvements not so removed. If Seller
fails in the performance of this covenant, Buyer shall be authorized to perform same at
Seller's expense and to deduct the cost thereof from the purchase price.
6. POSSESSION: Time is of the essence of this contract. Possession of the property
shall be given by Seller on date of closing. In the event possession is not given to
Buyer as aforesaid, Buyer may proceed to obtain possession by whatever legal means
it deems necessary. It is further understood and agreed that, in the event Seller should
be permitted to retain possession at the closing, Seller shall occupy the premises as a
tenant at will or tenant at sufferance of the Buyer and Seller shall be obligated to pay a
fair rental to Buyer for the right to remain on the premises.
7. RIGHT OF ENTRY: Prior to the date of closing or in the alternative, the
acquisition of the property through condemnation proceedings, Buyer, its agents,
servants, employees, and independent contractors shall have the right of entry in,
through, over, upon, along, and across Seller's property for the purpose of making
appropriate surveys, of staking and marking rights-of-way, of making corings and
other sub-surface exploration and performing all preliminary work, inspections or
research that Buyer deems necessary for the public improvement.
8. LIABILITY: Until title has been conveyed to the Buyer, loss or damage to the above
premises by fire or other casualty shall be at the risk of the Seller, and the amount
thereof shall be deducted from the agreed purchase price.
9. EXPENSES: At closing Buyer agrees to pay for title, policy, deed and other usual
and customary closing cost not including curative matters. —
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10. CITY COUNCIL: Until the City Council has formally accepted same, this
instrument shall constitute a firm offer by Seller to sell the herein described property
for the price and on the conditions and terms herein set forth, but it shall not be
binding upon the Buyer, City of Fort Worth, unless and until the consideration has
been approved, accepted and payment thereof authorized in regular, open, public
meeting by the City Council of the City of Fort Worth. After having been so
accepted, this writing shall contain the entire agreement between parties. This
contract is made with reference to and in full knowledge of the Charter and
Ordinances of the City of Fort Worth and the Constitution and Statutes of the State of
Texas. Said contract shall be amended only in writing and with the consent and
approval of the City Council of the City of Fort Worth acting in regular, open, public
meeting.
Executed in Fort Worth, Tarrant County, Texas, on this the day of
A. D. 20Q
Seller: Near Southeast Community Buyer: City of Fort Worth
Development Corporation
By: B
/ aMark . tt, Ass tant City anager
Name:�h�,q,/ �i✓, � S
Approv as to orm Legality
C thia darcia, Assistant City Attorney
ATTEST
ck�
Marty Hendrix, ity Secretary
"`}rt ct uthoriaation��
Date RI'�.��A I�t5�1J1t��1
'li TITV
Exhibit "A"
ENVIRONMENTAL STATEMENT
City of Fort Worth
Real Property Services
900 Monroe Street, Suite 302
Fort Worth, Texas 76102
Re: DOE # 5089
1058 Evans Avenue
Lot 7, Block 3, W.J. Boaz's Subdivision of Block 3, Evans South Addition
To the best of my/our knowledge, neither myself/ourselves nor any person(s) has
ever disposed of any hazardous material or substance upon, under, or through the
property described as Lot 7, Block 3 of W.J. Boaz's Subdivision of Block 3, Evans
South Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as
recorded in Volume 106, Page 28 of the Plat Records of Tarrant County, Texas.
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Date
Date
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/9/2005
DATE: Tuesday, August 09, 2005
LOG NAME: 121058EVANS REFERENCE NO.: **G-14878
SUBJECT:
Declaration of the Public Necessity and Authorization for Condemnation of 1058 Evans Avenue
Owned by the Near Southeast Community Development Corporation for the Construction of a Public
Library
RECOMMENDATION:
It is recommended that the City Council:
1. Declare the necessity of taking a parcel of land located at 1058 Evans Avenue owned by the Near
Southeast Community Development Corporation for the construction of a public library.
2. Authorize the City Attorney to institute condemnation proceedings to acquire the fee interest in
the property.
DISCUSSION:
The City is engaged in the revitalization of the Evans/Rosedale area and is creating a vital center of
commerce, employment, entertainment, and African-American heritage and history. The City is further
facilitating the revitialization by placing a library in this neighborhood. Public necessity requires that the City
condemn the property owned by the Near Southeast Community Development Corporation located at 1058
Evans, (Lot 7, Block 3 of W. J. Boaz's Subdivision of Block 3, Evans South Addition, an Addition to the City
of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Volume 106, Page 28, Plat
Records, Tarrant County, Texas) for development of a public library.
An outside independent appraiser established fair market value on the property. In accordance with HUD
requirements, the City contracted with a Review Appraiser to submit a written report on the review of the
appraisal and establish the just compensation amount.
Efforts to purchase the following property have been unsuccessful. In order to acquire the property, the
staff recommends condemnation proceedings be authorized.
The Subject property is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/C enters
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/19/2005
Page 2 of 2
GR76/ 5XXXXX/ XXX206855010 0.00
Submitted for City Manager's Office Richard Zavala (Acting) (6222)
Originating Department Head: David Yett (7623)
Additional Information Contact: Cynthia Garcia (7611)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 10/19/2005