HomeMy WebLinkAbout1988-1012362L
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF DENTON AND D J ANDERSON FOR THE PURCHASE OF
84 8193 ACRES OF LAND ADJACENT TO THE WASTEWATER TREATMENf PLANT,
AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I That the City Council of the City of Denton, Texas
here aunt o—r zes the City Manager to execute a contract between
the City of Denton and D J Anderson, in the amount of Four
Hundred Thousand Dollars ($400,000 00) for the purchase of 84 8193
acres of land adjacent to the City's existing Wastewater Treatment
Plant
SECTION II That the City Council authorizes the expenditure
of funds not to exceed Four Hundred Thousand Dollars ($400,000 00)
for the purchase of said real property and authorizes the City
Manager to execute any and all documents necessary to consummate
said purchase
SECTION III That this ordinance shall become effective
immediate y upon its passage and approval
PASSED AND APPROVED this the 74 day of 1988
I
ATTEST
N R ' TERS , I 'RETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
2368L
THE STATE OF TEXAS §
CONTRACT FOR PURCHASE OF REAL PROPERTY
COUNTY OF DENTON §
1 Parties D J ANDERSON (Seller) agrees to sell and convey
to the CITY-ff DENTON, TEXAS, a municipal corporation of the State
of Texas (Buyer), the property described below
2 Property Seller agrees to sell to Buyer all that certain
real property (the Property) situated in the City of Denton,
County of Denton, State of Texas, described in Exhibit "A",
attached hereto and incorporated herein by reference
3 Escrow A enntt Lawyers Title Company of Denton, 513 West
Oak Street, City or Denton, Texas, is hereby designated as escrow
agent and the Buyer, on execution of this agreement, shall pay
the escrow fee, if any
4 Contract Sales Price The total sales price for the Pro-
perty shall e Four Hundred Thousand Dollars ($400,000 00), which
sum shall be the sole compensation due Seller for any and all
claims of any description whatever arising out of the Buyer's
acquisition or use of the property for public purposes The
total sales price is to be paid to the escrow agent as follows
(a) One Thousand Dollars ($1,000 00) on the execution of
this contract by both parties, as earnest money
(b) The balance in cash or certified or cashier's check at
closing on delivery to the escrow agent of a general
warranty deed with full covenants, duly executed in
proper form for recording so as to convey to the Buyer
a good and marketable record and title to the Property
free and clear of all recorded and unrecorded liens,
assessments, leases, taxes, and encumbrances,
restrictions, and conditions, except public easements
and rights -of -way of record
5 Closing Date The transactions shall be closed on or
before n nety calendar days from the date of acceptance of
this agreement by the Seller and Buyer, or at such other time as
the parties may mutually agree, at the office of the escrow agent
or at such other location as is mutually agreeable to the parties
herein
6 Surve A survey of the Property shall be obtained within
sixty Wlays of the effective date of this agreement by the
Seller, at the Seller's expense, to be performed by a Registered
Public Surveyor licensed by the State of Texas A plat of the
survey together with any appropriate field notes shall be
furnished to Seller and Buyer prior to closing The survey shall
locate all improvements, encroachments, property lines, and all
easements and roadways adjoining or crossing the property
7 Title Insurance Policy The Seller agrees, prior to the
closing, to procure at the Seller's cost, from Lawyers Title of
Denton or another title company of Seller's choice acceptable to
the rt
g to ensure
Btitle to the Buyer in the full uer, a preliminary title oamount eofnthe pu chase pricemarke
8 Effect of Defective Title Should the title prove defec-
tive in the op n on o the Buyer's attorney, then such defect
shall be pointed out in writing by letter delivered to the Seller
after the delivery of such preliminary title report, and the
Seller shall have thirty (30) days thereafter in which to cure
such defects or, if agreed to by Buyer in writing, prior
closing
9 Inabilit to Convey Title In the event Seller is unable
to convey goo an mar�eta a record and title to the Property as
provided for herein in the opinion of the Buyer, then this agree-
ment shall terminate and any amount tendered by Buyer shall be
returned to Buyer
10 Fees Charges and Costs Each party shall pay its share
of the closing costs w c are normally assessed by the Title
Company against a Seller or Buyer in a transaction of this
character in the County where the property is located Seller
shall be responsible for the payment of all delinquent ad valorem
property taxes, along with penalty and interest thereon, and the
payment of ad valorem taxes for the current tax year, prorated to
the date of closing
11 Commission Seller has agreed to pay Henry S
iller/
Grubb & E s ompany (Principal Agent), negotiating
this
contract, a commission in cash equal to six percent (6%) of the
total purchase price, and the Title Company is instructed to
withhold and pay in cash at closing the Commission from the
Seller's proceeds, in accordance with the contract executed by
Seller and Principal Agent
12 Default If Buyer shall fail to comply with any
provision this agreement, Seller may terminate this contract
and receive the Earnest Money as liquidated damages If Seller
shall fail to comply with any provision of this agreement, other
than the terminatethii Buyerrement to cure defective title,
sagreement and receive the Earnest Money previously
paid, or enforce specific enforcement of this agreement
PAGE 2
13 Possession The possession of the Property shall be
delivere to Buyer at closing
14 integration This agreement constitutes the entire
agreement between the parties and neither party relies upon any
warrants or representation not contained herein
In ess whereonthe parties have $ executed this agreement
w
on the day of
CITY OF DENTON, TEXAS, BUYER
BY
RAY E HENS MAYOR
ATTEST
J RS, CI �SCRE�TY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
D J ANDERSON, SELLER
BY 4JARND--ERSOND
PAGE 3
THE STATE OF TEXAS §
COUNTY OF DENTON §
T instrument was acknowledged before me on the day
of , 1988 by Ray Stephens, Mayor of the City of
Dento exas, a Municipal Corporation, on behalf of said
Municipal Corporation
My Commission expires
NOT P BLI , STNIE OF ILXAS
-.�)J7
THE. STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowled
ged
Anderson
-
re me on the j_ day
of
/Y PUBLIC, STATE OF TEXAS
My Commission expires /( la I % C)
PAGE 4
EXHIBIT "A"
FIELD NDSIS TO 84 $193 AC/IS IN THS GID&ON WALKER SUHYSY, ABNTICT
1330, DEVTON COUNTY, TEXAS
ALL THAT CERTAIN TRACT OR PAKCSL 0► LAND SITUATED IN TRI DIDION
WALKER SURVRT, ABSTRACT 1330 DSNSON COUNTY TEAS BEING PART 0►
A (CALLED) 90 066 ACRES TRACT DESCRIBED IN & DEED FROM JOSS 3
MCCLANE, IBCSIVER FOR CAPITAL SYDICATIONS COMPANY IMVRSTNRNTS NO
128 TO CAPSYN LIMITED NO 128 ON THS 4TH DAY Of D6CEN66l 1975
RECORDED IN VOLUME 767 PAGI 197 DSID &{CORDS OF SAID COUNTY
AND BSINO MORS FULLY DEBC&IDID AS FOLLOWS/
BEGINNING AT A VINCI CORMIR AT THS SOUTH SOUTHWEST CORNS& OF SAID
90 066 ACRE TRACT ON TIE NORTH BOUNDARY LINE OF A PRIVATE ROAD;
TN6NCS WORTH 04 DEGREES 03 MINUTES 08 SECOND& SAST ALONG AND NEAR
A VINCI ♦ DISTANCI Of 987 7 /SST TO A VINCE COINER AT AN 10099
ELL CORNER OF SAID 90 066 ACRE TRACT;
NORTH 86
30604MFEIT`S 42 TO ANS`EOND PINTST ALONG
AND ARAI
AT T8&SOOTRSAST
CORNER OF A 2 542 ACRS TRACT DISCRIBED IN A CURD FROM CAPSYM
LIMITED NO 128 TO WILLIAM L WENDT R9COIDKD IN TOLUME 981 PACK
406 DIED RECORDS OF DSNTON COUNTY;
TRSNCL NORTH 03 DIGRESS 37 MINUSES 26 SECONDS EAST A DISTANCS OF
15 26 VEST TO A FOUND IRON ?LEI
THENCE NORTH 86 DEGREES 20 KINUTIS 42 SECONDS WEST A DISTANCI OF
1 18 FIST TO A FOUND IRON PIN;TRZICK _ H
BOUNDARY /LION OFTZ 03 E SAID/ 20542E ACRES TRACT 32 EAODISTAICE OF 33483 FBAT
TO AN IRON PIS;
THINGS SOUTH 82 DIGRESS 36 MIBUTES 03 SECONDS BAST A DISTANCS OF
24 45 TO AN IRON PIN;
THEWCS NORTH 03 DIGRESS 26 MINUTIS 17 SECOND$ EABT A DISTANCE Of
45 0 FSNT TO A FINDS COINER POSTI
TISPCI NORTH 07 D&ORSES 57 MINUTIS 46 SECONDS WSIT A DISTANCS OF
31 0 FIST SO A /INCH COUSIN POSTS
jgZWcz NORTH 03 54 FEET TO AI 3V
FENCB CORNS& POST AT IRS NORTHEAST DCOIISR{
Of
368OF
SAID 2 542 &CIE SR&CS;
TRENCH NORTH 86 090169S 30 MINUTIS 11 SECONDS WEST A DISTANCS OF
134 6 FIST TO IN% NOSTRUM COUP$& O/ SAID 2 542 ACRI TRACT IN
MAYHILL ROAD ON TRI WEST BOUNDARY LINT O/ THE GIDSON WALKER
S URY6Ty
SUSUCI NORTH 04 D9GRIU$ 08 MINOTSS 09 SECONDS EAST WITH SAID
SUl9IT LINE IN MATHILL ROAD A DISTANCS OF 132 01 FIST TO IRS
VORTHW&87 CORNER OF SAIIR 90 066 ACIi TRACT;
Se9VCi SOUTH 66 0984119E 60 MISTURS 39 BBCONDS EAST ALONG AND NEAR
A IT US,
FE ICE ♦ D;ETA OI' 141E 61 SUIT TO A FOUND IRON PIN AS tHA
WRS NOITHW' ot9MS R OF • (CALLED) 3 ACRS 211CS DOCIIBBO IN A
R&COlDSDO IVCAPSYN YOLUMSLIMIT3034`DFAGS $89, D9SDDRID so 128 TO&IO RECORDS 01lOBLITDINTON COUITT
Tvx223K76 SENTHTOSA SOUND IRONMINUTES 25PIN AT TR&S$OOTRWBSTUCCESS $CORNS& OF CE SAID O BOORISH 11 SAID3
ACIi TRACTS
THENCE SOUTH 86 DIGRESS 40 MINUSES 18 SECONDS BASS A DISSASC9 Of
433 5 FIST TO TRI SOVTHBABT COINS& OF SAID 3 ACRS TRACT AND 722
EAST NORTR9ASt COINER OF SAID 90 066 ACES TRACT IN ►&CAN CIEBKI
THING SOUTRSRLT WITH TUB EARS BOUNDARY LIPS OF SAID 90 066 ACRE
TRACT AND 129 MIDDLE OF PECAN CRIZI THU FOLLOWING 11 COURSES ADD
DISTAKCISI (1) SOUTH 34 DIOIBES 27 MINUTIS EAST 42 40 ►RIT; (2)
80UtW SS DE6litN 10 MINUTIS 55 SICONDI SAST A DISTANCE OF 294 36
PBSTI (3) SOUTH 47 D$OIBSS 28 MINUTIS 34
SECONDS BASS 56 54 FIBS;
(4) SOUTN 04 P&Gl&&$ 41 NINUTSI 17 SECONDS VAST 91 07 19IT; (5)
SOUTH 08 DICRHI6 58 MINOT%$ 39 SECONDS WEST 214 30 111911 (6)
SOUTH 07 DISli6S 00 MIWVTSS 40 SECONDS EAST 228 66 FlITI (7)
SOUTH 34 09GHE6S 45 MINUTIS 30 SECONDS NAST 167 69 SUIT (S)
BOOTH 15 DECRIER 42 MINUSES 16 SICOWD$ WEST 110 83 ISIT; (9)
SOUTH 03 DEGREES 01 PIVOTS$ 44 SICOND8 WEST 71 06 /SITS (10)
SOUTH 27 DEGREES 06 PISUTE$ O1 SECONDS BASS 399 01 FBRTI (11)
SOUTH 63 DSGISSS 08 MINUSSS 02 SSCONUI BAST 100 65 FIST TO TWA
RANT NORTRZA$T CORNS& OF SAID 90 066 ACIR TRACT;
THENCE SOUTH 01 DEGREES 51 MINUTIS 04 SECONDS BAST PASS AT 12
FIST TER SANK Of PECAN CREEK AND CONTINUING WITH A VINCI A
DISTANCE of 294 9 ►6BT TO A BRUCE COINER AT TUB SOUTRIAST COINER
OF SAID 90 066 ACRE TRACTI
TH&SCE MORN 66 DiOR&&S /0 MINUTIS 38 6BCOSD$ WEST WITH T89 SOUTH
SOUN0/ 2D108Y 17INE F99t1A PRIVATE t0 THE FOISTOAD ALONG AND or SRGINNLKG NAND CONTAINING 84TACI
8H193
ACRES Of LAND
OFFICE OF THE C t TY ATTORNEY
MEMOHAND UM
TO Jennifer Walters, City Secretary
FROM Jeanette Scott, Legal Assistant
DATE September 2, 1988
SUBJECT Warranty Deed--D J Anderson
Attached is the original of the above -referenced deed Please
file in the official records of the City I have forwarded a
copy of same to Roger Wilkinson for his records Should you
have any questions relative to same, please advise
—DEB A A DRAYOVITCH
DAD js
Attachment
xc Roger Wilkinson, Right -of -Way Agent
I
t