HomeMy WebLinkAbout08-1302 12-09-2008RESOLUTION NO. 08 -1302
A RESOLUTION ACCEPTING THE CONVEYANCE OF PRIVATE
PROPERTY DESCRIBED AS TALL TIMBERS DRIVE OUT OF THE
FOREST POINTE ADDITION, EULESS, TARRANT COUNTY, TEXAS
WHEREAS, Tall Timbers Drive is currently platted as a private emergency
access and utility easement out of the Forest Pointe Addition, Euless, Tarrant County,
Texas, and owned by the Tarrant County Housing Partnership, Inc., and by the Forest
Pointe Estates Owners Association; and
WHEREAS, Tarrant County Housing Partnership, Inc., by formal action of its
Board of Directors on August 1, 2007, and by formal action by the Forest Pointe Estates
Owners Association on June 4, 2007, conveyed and donated certain real property to the
City of Euless, copies of which are attached hereto as Exhibits "1" and "2" respectively;
and
WHEREAS, it is the intention of the City Council of the City of Euless, Texas, by
adoption of this resolution, to formally accept the conveyance and donation of such
property to the City of Euless as public right of way, for no consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1
THAT the City of Euless, acting by and through its City Council, hereby accepts
the conveyance and donation of the property known as "Tall Timbers Driven from the
Tarrant County Housing Partnership, Inc., and the Forest Pointe Estates Owners
Association, attached hereto as Exhibit "3 ".
SECTION 2
THAT the City Secretary of the City of Euless is hereby directed to cause a
certified copy of this resolution and its attachments to be filed among the real property
records of Tarrant County, Texas, after its passage and approval as provided by law.
PRESENTED AND APPROVED at a regular meeting of the Euless City Council
on the 9th day of December, 2008, by a vote of 6 ayes, o nays, and
abstentions.
APPROVED: ATTEST:
1,4444, at I- et)
Mary LiblSaleh, Mayor
Susan Crim,
MC, City Secretary
EXHIBIT 1
page 2 of Resolution No. 08 -1302
TARRANT COUNTY HOUSING PARTNERSHIP, TNC.
Roard of Directors Meeting Minutes
August 1, 2007
Members Present Members Absent Staff Counsel
Mary Jane Barnett Katie Bray Robert Ausman Virginia Winker
Paul Bradford Charleen Goldston Donna VanNess
Jeanette Britain James Kunde
Joel Burns Rosa Navejar
M.C. Henke
Rebecca Mowell
Martin Noto
Zeb Strong
Lias Carl Young
Martin Noto, Board Chair, called the regularly scheduled meeting of the Board of Directors to order at
4:05 p.m. in the TCHP Conference Room at 603 West Magnolia, Fort Worth. Martin asked the Board to
review the minutes of the July 1 I, 2007 board meeting and take action. Becky Mowell made a motion to
approve the minutes with corrections, Paul Bradford provided a second, and the motion passed
unanimously.
Robert Ausman presented and reviewed the June financial statements and actuals on the cash flow sheet.
Under Revenue, Robert noted a $2,500 contribution was received from XTO Energy and $20,000 in
developer's fees was received for the property on Homemaker. Due to the continuing decrease in
operating cash, a draw for $9,500 was made from Tall Timbers and $7,200 from Aspen Oaks instead of
the projected $3,500 from each. Under Expenses, the only item of note was construction costs of $5,357
for acq/rehab properties on Treeview and Winnsboro.
Looking ahead at projected revenue, Robert stated that developer's fees of 523,700 were received for
Darlene in July. TCHP also received a $10,000 contribution from Wachovia. Martin thanked Mary Jane
Barnett for her assistance in helping TCHP obtain Wachovia's support. Robert noted that proceeds from
the sale of Jordan Lane properties are anticipated to begin in September. Martin requested that Robert
and the finance committee review the budget without the $10,000 contribution from Chase and 550,000
from Texas Hampton Villas. He stated that Chase is refocusing their contribution dollars and anticipates
a possible decrease in support for 2007. And based on preliminary information received from Southwest
Housing, TCHP may not receive a payment as anticipated until later in the year, if at all. Paul Bradford is
working with Donna to investigate the matter further with Southwest Housing.
Donna distributed information on the golf fundraising event and requested all members to complete the
`key contact sheet' to help identify potential supporters and volunteers. Jeannette Britain, M.C. Henke
and Paul Bradford volunteered to serve on the event committee. Martin announced that Ronnie Hansen,
Vice President of Corporate Banking for Compass Bank has agreed to chair the event.
Martin announced the ED job posting has been distributed to various media and internet outlets including
local chambers of commerce offices. Lias Carl Young and Mary Jane Barnett offered to assist the
Executive Committee in reviewing the applications received.
Martin asked the Board to review the membership application received from Henry Borbolla and take
action. Mary Jane Barnett made a motion to approve the application, Zeb Strong provided a second, and
the motion passed unanimously.
Donna presented the Acting Executive Director's Report to update the board on TCHP programs (for July
attached). Donna reported that Administaff is no longer a serving as TCHP's HR partner and Robert is
working toward fording altemative resources for providing health and worker's comp insurance.
EXHIBIT "1"
page 3 of Resolution No. 08 -1302
Tarrant Count Housing Partnership, Inc.
Board of Directors Minutes
August 1, 2007
Page 2
Additional announcements included a notification of a fire in a unit at Tall Timbers caused by the renter,
who has been moved to another comparable unit until funds are available to make repairs. James Runde
sent notice that he is experiencing health problems and would not be able to make board meetings until
further notice. Executive Assistant Chris Breland has requested approval to attend a HCV Housing
Quality Standards certification seminar in Dallas next month. Donna distributed copies of a FW Weekly
article regarding former employees Angela Smith and Yolanda Coleman. Martin stated that TCHP has
not received any negative feedback concerning the article at this time. Joel Burns suggested contacting
Rev. Davis to assure him of TCHP's position. Virginia Winker reported that TCHP is appealing Smith
and Coleman's TWC claims for unemployment.
In other business, Martin reviewed the information from the City of Euless made at the previous board
meeting concerning the replatt of a small parcel of land at Tall Timbers and asked the board to take
action. Zeb Strong made a motion to pursue transfer of ownership contingent upon receipt of acceptable
documentation and Lias Carl Young provided a second, and the motion carried unanimously.
With no further business discussed, the meeting was adjourned at 5:05pm. The next meeting will be held
on October 3, 2007.
EXHIBIT 2
page 4 of Resolution No. 08 -1302
CONSENT TO CONVEY COMMON AREA/TALL TIMBERS STREET
STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
THIS CONSENT TO CONVEY COMMON AREA/TALL TIMBERS STREET
(this "Consent ") is made and entered into on this day of , 2007, by
the undersigned owner(s) (collectively, the "Owners ").
WITNESSETH:
WHEREAS, Arya Corp. ( "Declarant ") recorded an instrument entitled "Declaration of
Covenants, Conditions and Restrictions for Forest Pointe Estates" on February 24, 1995, at
Volume 11889, Page 0758 et seq. of the Real Property Records of Tarrant County, Texas (the
"Declaration "); and
WHEREAS, the Declaration established a general plan for the development and
operation of the property subject thereto known as Forest Pointe Estates (the "Development ");
and
WHEREAS, the Development is managed and administered by the Forest Pointe Estates
Owners Association, Inc. (the "Association "); and
WHEREAS, the Association is the record owner of Common Property located within the
Development, which Common Property includes a street named Tall Timbers Street (the
"Street "); and
WHEREAS, the Association desires to convey and/or dedicate the Street to the City of
Euiess; and
WHEREAS, Article X, Section 10.2(c) of the Declaration authorizes the Association to
dedicate or transfer all of any part of any Common Area to any public agency, authority or utility
company for such purposes and subject to such conditions as may be agreed to by the Board of
Directors; and
WHEREAS, Article X, Section 10.2(c) of the Declaration further provides that any such
transfer must be evidenced by an instrument signed by two- thirds (2/3) of the Members agreeing
to such transfer; and
WHEREAS, Article 1396 -2.02A of the Texas Non -Profit Corporation Act authorizes the
Association to convey, sell and dispose of its property.
NOW, THEREFORE, more than two- thirds (2/3) of the owners have approved of and
consented to the Association's conveying and /or dedicating Tall Timbers Street to the City of
EXHIBIT "2"
page 5 of Resolution No. 08 -1302
Euless subject to any conditions as agreed to by the Board of Directors. As evidenced by the
signatures attached hereto, more than two- thirds (2/3) of the owners have signed this Consent
IN WITNESS WHEREOF, this Consent has been executed under seal on the day and
year first above written.
STATE OF TEXAS
COUNTY OF TARRANT
§
FOREST POINTE ESTATES OWNERS
ASSOCIATION, INC.
By:
Its:
BEFORE ME, the undersigned au�t�h+ority, a Notary Public in and for said county and
state, on this day personally appeared U vii.(,_ G. SZLi.kt , of
Forest Pointe Estates Owners Association, Inc., known to me be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same for
the purposes and consideration therein expressed, in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this `�I" day of ,
2007. '
00r KAREN RAMIREZ
Notary Public
* STATE OF TEXAS
-)roFw fdq Caro. Exp. 04/18/2008
Notary •ublic in and for
the State of Texas
My Corrunission Expires:
EXHIBIT "2"
page 6 of Resolution No. 08 -1302
As evidenced by their signatures attached hereto, the undersigned hereby consent to the
foregoing conveyance and/or dedication of Tail Timbers Street to the City of Euless. The
signature of any one owner of a lot constitutes evidence of the owner's authority to act on behalf
of all owners of a lot.
[SIGNATURES FOLLOW ON ATTACHED SHEETS]
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page 7 of Resolution No. 08-1302
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page 8 of Resolution No. 08-1302
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page 9 of Resolution No. 08 -1302
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page 10 of Resolution No. 08-1302
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page 11 of Resolution No. 08-1302
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page 12 of Resolution No. 08-1302
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