1993-183E 4WPDOMORMOYLE
ORDINANCE NO? 3 -1f,3
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND RUTH INEZ COYLE TO PURCHASE
PROPERTY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the City Manager is authorized to execute a
Real Estate Contract between the City of Denton and Ruth Inez Coyle
for the purchase of property, under the terms and conditions
contained in said agreement, which is attached hereto and made a
part hereof, and is authorized to execute any other document which
may be associated with the purchase of said property
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the amount of $75,000 00 for the purchase
of said property and any closing costs, including the cost of
property survey, as specified in the agreement
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval ~
PASSED AND APPROVED this the -6 ~ day of 0644 SQLt~, 1993
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY .a -
APPRO ED AS TO LEGAL FORM
,DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
EN-%WPD0CS\0RD\COYLE
ORDINANCE NO. 93 IM
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND RUTH INEZ COYLE TO PURCHASE
PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute a
Real Estate Contract between the City of Denton and Ruth Inez Coyle
for the purchase of property, under the terms and conditions
contained in said agreement, which is attached hereto and made a
part hereof, and is authorized to execute any other document which
may be associated with the purchase of said property.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the amount of $75,000.00 for the purchase
of said property and any closing costs, including the cost of
property survey, as specified in the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
/ ~
PASSED AND APPROVED this the -6 day of y~ Gam„ 1993.
BOB CASTLEBERRY, MA
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
(11 'X - -
0
APPROVED AS TO LEGAL FORM:
,DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between RUTH INEZ COYLE
(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a
home rule municipality, of Denton, Denton County, Texas, (hereinaf-
ter referred to as "Purchaser"), upon the terms and conditions set
forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for, the tract of land containing ap-
proximately 1.060 acres of land situated in Denton County, Texas,
being more particularly described in Exhibit A attached hereto and
incorporated herein by reference for all purposes together with all
and singular the rights and appurtenances pertaining to the prop-
erty, including any right, title and interest of Seller in and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Property"), together with any improvements, fixtures, and per-
sonal property situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth. However, it is expressly under-
stood that the Seller may, at her own expense prior to delivery of
possession of the Property, remove the following listed items from
the Property:
1. A well house.
2. A cook stove and refrigerator.
3. All drapes.
4. A butane tank.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of SEVENTY-FIVE THOUSAND DOLLARS
($75,000.00).
2. Payment of Purchase Price. The full amount of the Purchase
Price shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are subject to the satisfaction of each
of the following conditions any of which may be waived in whole or
in part by Purchaser at or prior to the closing.
1. Preliminary Title Report. Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a pre-
liminary title report (the "Title Report") accompanied by copies of
all recorded documents relating to easements, rights-of-way, etc.,
affecting the Property. Purchaser shall give Seller written notice
on or before the expiration of ten (10) days after Purchaser re-
ceives the Title Report that the condition of title as set forth in
the title binder is or is not satisfactory, and in the event Pur-
chaser states the condition is not satisfactory, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser.
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, this Agreement shall thereupon be null
and void for all purposes and the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser; otherwise, this con-
dition shall be deemed to be acceptable and any objection thereto
shall be deemed to have been waived for all purposes.
2. Survey. Upon written request by Purchaser delivered to
Seller contemporaneously with Purchaser's delivery of an executed
original of this Agreement, Seller shall within twenty (20) days
from the date hereof, at Purchaser's sole cost and expense, deliver
to Purchaser a current survey of the Property, prepared by a duly
licensed Texas land surveyor acceptable to Purchaser. The survey
shall be staked on the ground, and shall show the location of all
improvements, highways, streets, roads, railroads, rivers, creeks,
or other water courses, fences, easements, and rights-of-way on or
adjacent to the Property, if any, and shall contain the surveyor's
certification that there are no encroachments on the Property and
shall set forth the number of total acres comprising the Property,
together with a metes and bounds description thereof.
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day period,
give Seller written notice of this fact. Seller shall, at Seller's
option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser.
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, Purchaser may terminate this Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposit shall be returned by the Title Company to
Purchaser. Purchaser's failure to give Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey.
PAGE 2
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows,
which representations and warranties shall be deemed made by Seller
to Purchaser also as of the closing date:
1. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers.
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting the Property, or any part thereof, nor to the best
knowledge and belief of Seller is any such proceeding or assessment
contemplated by any governmental authority.
3. Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
4. There are no toxic or hazardous wastes or materials on or
within the Property. Such toxic or hazardous wastes or materials
include, but are not limited to, hazardous materials or wastes as
same are defined by the Resource Conservation and Recovery Act
(ROTA), as amended, and the Comprehensive Environmental Response
Compensation and Liability Act (CERCLA), as amended. In the event
any such toxic or hazardous wastes or materials are found upon the
Property, Seller shall be responsible for the expense of removal of
these wastes or materials upon receipt of written notice of the
presence of these wastes or materials.
CLOSING
The closing shall be held at the office of Republic Title
Company, Denton, Texas, on or before October 15, 1993, or at such
time, date, and place as Seller and Purchaser may mutually agree
upon (which date is herein referred to as the "closing date").
CLOSING REQUIREMENTS
Seller's Re uirements. At the closing Seller shall:
A. Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements,
assessments, and restrictions, except for the following:
PAGE 3
1. General real estate taxes for the year
of closing and subsequent years not yet
due and payable;
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Title Policy at
Seller's sole expense, issued by Republic Title Company,
Denton, Texas, (the "Title Company") in Purchaser's favor
in the full amount of the purchase price, insuring Pur-
chaser's fee simple title to the Property subject only to
those title exceptions listed in Closing Requirements here-
of, such other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions contained in
the usual form of Texas Owner's Title Policy, provided,
however:
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Seller;
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record";
3. The exception as to the lien for taxes
shall be limited to the year of closing
and shall be endorsed "Not Yet Due and
Payable"; and
4. The exception as to liens encumbering
the Property shall be endorsed "None of
Record".
C. Deliver to Purchaser possession of the Property on or
before January 1, 1994. From the date of Closing until
January 1, 1994, Seller will be allowed to continue to
reside in the house located at 4616 Foster Road, Denton,
Texas, if she should desire.
2. Purchaser's Requirements. Purchaser shall pay the full
cash purchase price to Seller at Closing in immediately available
funds.
3. Closing Costs. Through the date of Closing, Purchaser
shall only be responsible for the payment of taxes assessed by the
City of Denton and, Seller shall pay all other taxes assessed by
any other tax jurisdiction through the date of Closing. Any taxes
PAGE 4
imposed, assessed or arising because of a change of use of the
Property after closing shall be paid by Seller, save and except
taxes so imposed by the City of Denton, which taxes shall be paid
by Purchaser.
All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be equally shared by Purchaser and Seller.
REAL ESTATE
Any real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, and
Seller agrees to indemnify and hold harmless Purchaser from any and
all claims for these commissions.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any
of its obligations hereunder or shall fail to consummate the sale
of the Property except Purchaser's default, Purchaser may either
enforce specific performance of this Agreement or terminate this
Agreement.
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement.
MISCELLANEOUS
1. Assignment of Agreement. This Agreement may not be
assigned by Purchaser without the express written consent of
Seller.
2. Survival of Covenants. Any of the representations, war-
ranties, covenants, and agreements of the parties, as well as
any rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein.
3. Notice. Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States mail,
postage prepaid, certified mail, return receipt requested, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the signature of the party.
4. Texas Law to Apply. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable in
PAGE 5
Denton County, Texas.
5. Parties Bound. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Legal Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if
the invalid, illegal, or unenforceable provision had never been
contained herein.
7. Prior Agreements Superseded. This Agreement constitutes
the sole and only agreement of the parties and supersedes any prior
understandings or written or oral agreements between the parties
respecting the within subject matter.
8. Time of Essence. Time is of the essence in this Agreement.
9. Gender. Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words in the
singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
10. Memorandum of Contract. Upon request of either party,
both parties shall promptly execute a memorandum of this Agreement
suitable for filing of record.
11. Compliance In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection.
12. Time Limit. In the event a fully executed copy of this
Agreement has not been returned to Purchaser within five (5) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
DATED this X ML day of p{e m b~. , 1993.
SELLER
94~1x_ z
UT INEZ COYL
4616 Foster R d, Dent, Texas 76208
PAGE 6
PURCHASER i
THE CITY 7Z7
B ~tOYD V. HARRELL, ~y Manager
215 E. McKinney Str et
Denton, Texas 7620
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on „ry~/~~ a 9 N93
bV RUTH INEZ COYLE.
AND FOR
STATE OF TEXAS
COUNTY OF DENTON
~o
This instrument is acknowledged before me, the on ieV11
C 3 by LLOYD V. HARRELL, City Manager, of the City of Denton,
a municipal corporation, known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowl-
edged to me that the same was the act of the said City of Denton,
Texas, a municipal corporation, that he was duly authorized to
perform the same by appropriate resolution of the City Council of
the City of Denton and that he executed the same as the act of the
said City for purpose and consideration therein expressed, and in
the capacity therein stated.
C. - ~ -l
NOTARY PUBLIC IN AND FOR TEXAS
ATTEST:
JENNIFER WALTERS, /CITY SECRETARY
BY: ALAI. , G-f/22C~~2-L
AP®ED A,8/TO LEGAL FORM:
DE~ A. DRAYOVITCH, CITY ATTORNEY
~~x_~~C1G14~a~_
BY: /-0-A"
of a+>o~ IEANETTE SCMT
NOTARY PueUC, STATE OF 1EX9
, Z! My Commission Expire: Memh 31,1997
~~F Of tW ' A'1
E:\NPDVCS\K\COYLE.K
PAGE 7
EXHIBIT A
ALL that certain lot, tract, or parcel of land situated in the G.
Walker Survey A-1330 Denton County, Texas and being the remainder
of a "called" 42.5 acre tract shown by deed from N.A. Lowe and
wife, Bertha Lowe to W.A. Coyle and wife, Ruth Coyle dated January
10, 1953 and recorded in Volume 385, Page 177 of the Deed Records
of Denton County and being more particularly described by metes and
bounds as follows;
BEGINNING at a 3/8 inch iron pin set in the center of Foster Road
at a point north 880 12' 03" west 321.63 feet from the northeast
corner of said Coyle tract (Deed calls "west"), said beginning
point also being the northwest corner of a tract shown by Deed to
Robert H. Matzinger wife, Frances Matzinger, recorded in Volume
574, Page 77 Deed Records;
THENCE south 20 07' 00" west with Matzinger's west line and along
a tree line 230.73 feet to a fence corner post at the most
northerly northeast corner of a tract shown by deed to Judy M. Kay
recorded in Volume 1046, Page 428 Deed Records;
THENCE north 880 30' 37" west with a fence 202.12 feet to a fence
corner post (Kay's Deed calls north 88° 28' 29" west with a fence
202.38 feet) at the northwest corner of Kay's tract and in the east
line of a tract shown by deed to George J. Kay and Judy M. Kay
recorded in Volume 970, Page 277 Deed Records;
THENCE north 30 21' 00" east with the east line of the last
mentioned Kay tract 231.91 feet to a 3/8 inch iron pin set at the
northeast corner of said Kay tract and in the center of Foster Road
in the north line of the "called" 42.5 acre Coyle tract;
THENCE south 880 12' 03" east with the north line of said Coyle
tract 197.11 feet to the Point of Beginning and containing 1.060
acres of land.
AEE0028C
GF#93R07758 DT1 WARRANTY DEED
Date: October 12, 1993
Grantor: Ruth Inez Coyle
Grantor's Mailing Address:
(including county)
Grantee: City of Denton, Texas
Grantee's Mailing Address: 215 E. McKinney
(including county) Denton, Denton County, Texas 76201
Consideration:
For and in consideration of the sum of TEN AND N01100 DOLLARS
($10.00) and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged.
Property (including any improvements):
All that certain lot, tract, or parcel of land situated in the G.
Walker Survey A-1330 Denton County, Texas and being the remainder
of a "called" 42.5 acre tract shown by deed from N. A. Lowe and
wife, Bertha Lowe to W.A. Coyle and wife, Ruth Coyle dated January
10, 1953 and recorded in Volume 385, Page 177 of the Deed Records
of Denton County and being more particularly described on the
Exhibit "A" attached hereto and made a part hereof for all
purposes.
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made and accepted subject to all easements,
reservations, conditions, covenants and restrictive covenants as
the same appear of record in the office of the County Clerk of the
county in which the property is situated, to the extent that the
same apply to subject property and remain in effect.
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, or 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, successors, and
assigns against every person whomsoever lawfully claiming or to
claim the same or any part thereof, except as to the reservations
from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include
the plural.
4RU Inez Coyl
ACKNOWLEDGMENT
THE STATE OF TEXAS )
COUNTY OF DENTON )
THIS INSTRUMENT was acknowledged
October, 1993 by Ruth Inez Coyle.
AMY BRUMLEY
" NOTARY PUBLIC
STATE OF TEXAS
My Comm, Exp. 2-8-94
After Recording Please Return to:
City of Denton, Texas
215 E. McKinney
Denton, Texas 76201
A:\WarDeed.Frm
me on the day of
e
~ y
.a EXHIBIT A
ALL that certain lot, tract, or parcel of land situated in the G.
Walker Survey A-1330 Denton County, Texas and being the remainder
of a "called" 42.5 acre tract shown by deed from N.A. Lowe and
wife, Bertha Lowe to W.A. Coyle and wife, Ruth Coyle dated January
10, 1953 and recorded in Volume 385, Page 177 of the Deed Records
of Denton County and being more particularly described by metes and
bounds as follows;
BEGINNING at a 3/8 inch iron pin set in the center of Foster Road
at a point north 88° 12' 03" west 321.63 feet from the northeast
corner of said Coyle tract (Deed calls "west"), said beginning
point also being the northwest corner of a tract shown by Deed to
Robert H. Matzinger wife, Frances Matzinger, recorded in Volume
574, Page 77 Deed Records;
THENCE south 20 07' 00" west with Matzinger's west line and along
a tree line 230.73 feet to a fence corner post at the most
northerly northeast corner of a tract shown by deed to Judy M. Kay
recorded in Volume 1046, Page 428 Deed Records;
THENCE north 880 30' 37" west with a fence 202.12 feet to a fence
corner post (Kay's Deed calls north 881 28' 29" west with a fence
202.38 feet) at the northwest corner of Kay's tract and in the east
line of a tract shown by deed to George J. Kay and Judy M. Kay
recorded in Volume 970, Page 277 Deed Records;
THENCE north 30 21' 00" east with the east line of the last
mentioned Kay tract 231.91 feet to a 3/8 inch iron pin set at the
northeast corner of said Kay tract and in the center of Foster Road
in the north line of the "called" 42.5 acre Coyle tract;
THENCE south 880 12' 03" east with the north line of said Coyle
tract 197.11 feet to the Point of Beginning and containing 1.060
acres of land.
AEE0028C
OF THE AESCBICHEREIN FL PROPERTY BECAUSE OF CUOB Ofl&E IS
INVALIOANDUNENFORCEAILE UNDER FEDERAL LAW.
TIE STATE OF fE%AS
CCU77~~NOFp&NTON1
6 h;rauycanlN4hN d;Ia!T'IfLmsOil"1m FILED IntlteFlla NumbeBBQOenCeon
ttmd0vand 4,11M a stamead WIM bYms;cndWAS&d SECOSOEO,Inthe
C:?!:kVOn;b6'~6a~:_ '~ncnig o nsen
001' 2 71993
oex
COUL
VENTON COUNTY, Y, TEMS (5, w..
Filed for Record in:
DENTON COUNTY, TX
HONORABLE TIM HODGES
/COUNTY CLERK
On 1993/10/27
At 10:50A
Number: 93-R00i6010
Type : WD
Y
Y =
1
i
~i r
i
Nft~
2
„5,r~
RP;
ld~
rk~
W
t g' Y I
la M
I
,
N's
I
rk
G
v p
I
Y
[
~
.
'
e
"F
f
~ 4
. .I
pe 3_
e
.
4
"yt{ 2 v
C ~~Fr3' a s
a
Er ~r
~t
r J
I
t
y { L. r.
t ~ y 4=p
a
`
1..
a
7 W
l
KKK -x T
5$R _ ~ L ^a
t4
x
p a p
t
&
C C
;
E \YPDOMORMOYLE
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND RUTH INEZ COYLE TO PURCHASE
PROPERTY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the City Manager is authorized to execute a
Real Estate Contract between the City of Denton and Ruth Inez Coyle
for the purchase of property, under the terms and conditions
contained in said agreement, which is attached hereto and made a
part hereof, and is authorized to execute any other document which
may be associated with the purchase of said property
SECTION II That the city council hereby authorizes the
expenditure of funds in the amount of $75,000 00 for the purchase
of said property and any closing costs, including the cost Of
property survey, as specified in the agreement
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the S~day of , 1993
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY -09~
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between RUTH INEZ COYLE
(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a
home rule municipality, of Denton, Denton County, Texas, (hereinaf-
ter referred to as "Purchaser"), upon the terms and conditions set
forth herein
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for, the tract of land containing ap-
proximately 1 060 acres of land situated in Denton County, Texas,
being more particularly described in Exhibit A attached hereto and
incorporated herein by reference for all purposes together with all
and singular the rights and appurtenances pertaining to the prop-
erty, including any right, title and interest of Seller in and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Property"), together with any improvements, fixtures, and per-
sonal property situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth However, it is expressly under-
stood that the Seller may, at her own expense prior to delivery of
possession of the Property, remove the following listed items from
the Property
1 A well house
2 A cook stove and refrigerator
3 All drapes
4 A butane tank
PURCHASE PRICE
1 Amount of Purchase Price The purchase price for the
Property shall be the sum of SEVENTY-FIVE THOUSAND DOLLARS
($75,000 00)
2 Payment of Purchase Price The full amount of the Purchase
Price shall be payable in cash at the closing
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are subject to the satisfaction of each
of the following conditions any of which may be waived in whole or
in part by Purchaser at or prior to the closing
1 Preliminary Title Report Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a pre-
liminary title report (the "Title Report") accompanied by copies of
all recorded documents relating to easements, rights-of-way, etc ,
affecting the Property Purchaser shall give Seller written notice
on or before the expiration of ten (10) days after Purchaser re-
ceives the Title Report that the condition of title as set forth in
the title binder is or is not satisfactory, and in the event Pur-
chaser states the condition is not satisfactory, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, this Agreement shall thereupon be null
and void for all purposes and the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser, otherwise, this con-
dition shall be deemed to be acceptable and any objection thereto
shall be deemed to have been waived for all purposes
2 Survey Upon written request by Purchaser delivered to
Seller contemporaneously with Purchaser's delivery of an executed
original of this Agreement, Seller shall within twenty (20) days
from the date hereof, at Purchaser's sole cost and expense, deliver
to Purchaser a current survey of the Property, prepared by a duly
licensed Texas land surveyor acceptable to Purchaser The survey
shall be staked on the ground, and shall show the location of all
improvements, highways, streets, roads, railroads, rivers, creeks,
or other water courses, fences, easements, and rights-of-way on or
adjacent to the Property, if any, and shall contain the surveyor's
certification that there are no encroachments on the Property and
shall set forth the number of total acres comprising the Property,
together with a metes and bounds description thereof
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day period,
give Seller written notice of this fact Seller shall, at Seller's
option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, Purchaser may terminate this Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposit shall be returned by the Title Company to
Purchaser Purchaser's failure to give Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey
PAGE 2
3 Seller's Compliance Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows,
which representations and warranties shall be deemed made by Seller
to Purchaser also as of the closing date
1 There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers
2 Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting the Property, or any part thereof, nor to the best
knowledge and belief of Seller is any such proceeding or assessment
contemplated by any governmental authority
3 Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof
4 There are no toxic or hazardous wastes or materials on or
within the Property Such toxic or hazardous wastes or materials
include, but are not limited to, hazardous materials or wastes as
same are defined by the Resource Conservation and Recovery Act
(RCTA), as amended, and the comprehensive Environmental Response
Compensation and Liability Act (CERCLA), as amended In the event
any such toxic or hazardous wastes or materials are found upon the
Property, Seller shall be responsible for the expense of removal of
these wastes or materials upon receipt of written notice of the
presence of these wastes or materials
CLOSING
The closing shall be held at the office of Republic Title
Company, Denton, Texas, on or before October 15, 1993, or at such
time, date, and place as Seller and Purchaser may mutually agree
upon (which date is herein referred to as the "closing date")
CLOSING REQUIREMENTS
Seller's Recuirements At the closing Seller shall
A Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements,
assessments, and restrictions, except for the following
PAGE 3
1 General real estate taxes for the year
of closing and subsequent years not yet
due and payable,
2 Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations here-
of, and
3 Any exceptions approved by Purchaser
in writing
8 Deliver to Purchaser a Texas Owner's Title Policy at
Seller's sole expense, issued by Republic Title Company,
Denton, Texas, (the "Title Company") in Purchaser's favor
in the full amount of the purchase price, insuring Pur-
chaser's fee simple title to the Property subject only to
those title exceptions listed in Closing Requirements here-
of, such other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions contained in
the usual form of Texas Owner's Title Policy, provided,
however
1 The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Seller,
2 The exception as to restrictive cove-
nants shall be endorsed "None of Record",
3 The exception as to the lien for taxes
shall be limited to the year of closing
and shall be endorsed "Not Yet Due and
Payable", and
4 The exception as to liens encumbering
the Property shall be endorsed "None of
Record"
C Deliver to Purchaser possession of the Property on or
before January 1, 1994 From the date of Closing until
January 1, 1994, Seller will be allowed to continue to
reside in the house located at 4616 Foster Road, Denton,
Texas, if she should desire
2 Purchaser's Requirements Purchaser shall pay the full
cash purchase price to Seller at Closing in immediately available
funds
3 Closinc Costs Through the date of Closing, Purchaser
shall only be responsible for the payment of taxes assessed by the
City of Denton and, Seller shall pay all other taxes assessed by
any other tax jurisdiction through the date of Closing Any taxes
PAGE 4
imposed, assessed or arising because of a change of use of the
Property after closing shall be paid by Seller, save and except
taxes so imposed by the City of Denton, which taxes shall be paid
by Purchaser
All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be equally shared by Purchaser and Seller
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, and
Seller agrees to indemnify and hold harmless Purchaser from any and
all claims for these commissions
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any
of its obligations hereunder or shall fail to consummate the sale
of the Property except Purchaser's default, Purchaser may either
enforce specific performance of this Agreement or terminate this
Agreement
BREACH BY
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement
MISCELLANEOUS
1 Assignment of Agreement This Agreement may not be
assigned by Purchaser without the express written consent of
Seller
2 Survival of Covenants Any of the representations, war-
ranties, covenants, and agreements of the parties, as well as
any rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein
3 Notice Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States mail,
postage prepaid, certified mail, return receipt requested, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the signature of the party
4 Texas Law to Applv_ This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable in
PAGE 5
Denton County, Texas
5 Parties Bound This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement
6 Laaal Construction In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if
the invalid, illegal, or unenforceable provision had never been
contained herein
7 Prior Agreements Superseded This Agreement constitutes
the sole and only agreement of the parties and supersedes any prior
understandings or written or oral agreements between the parties
respecting the within subject matter
8 Time of Essence Time is of the essence in this Agreement
9 Gender Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words in the
singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise
10 Memorandum of Contract Upon request of either party,
both parties shall promptly execute a memorandum of this Agreement
suitable for filing of record
11 Compliance In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection
12 Time Limit In the event a fully executed copy of this
Agreement has not been returned to Purchaser within five (5) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller
DATED this X14--k day of Ja.p ~e m bp r , 1993
SELLER
RUT INEZ COYL
4616 Foster R d, Dent , Texas 76208
PAGE 6
PURCHASER
THE CITY i
B
D
215 E
Denton
STATE OF TEXAS
COUNTY OF DENTON
y$ D/E/NTON, TEXAS
7 HARRELL, Ci y Manager
McKinney Str et
Texas 7620
This instrument was acknowledged before me on P.m/~ /I43
bV RUTH INEZ COYLE
STATE OF TEXAS
COUNTY OF DENTON
Tai s instrument is acknowledged before me, the on
by LLOYD V HARRELL, City Manager, of the City of Denton,
a munia pal corporation, known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowl-
edged to me that the same was the act of the said City of Denton,
Texas, a municipal corporation, that he was duly authorized to
perform the same by appropriate resolution of the City Council of
the City of Denton and that he executed the same as the act of the
said city for purpose and consideration therein expressed, and in
the capacity therein stated
clt~ C-
NOT Y PUBLIC IN AND FOR TEXAS
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BY
LEGAL FORM
ITCH, CITY ATTORNEY
BY
~,pY Py~ JEANEM SC I 7
sow %IBUC SBBB OF low
VIC0,MWonEWirosMecASI B1B1
PAGE 7
EXHIBIT A
ALL that certain lot, tract, or parcel of land situated in the G
Walker Survey A-1330 Denton County, Texas and being the remainder
of a "called" 42 5 acre tract shown by deed from N A Lowe and
wife, Bertha Lowe to W A Coyle and wife, Ruth Coyle dated January
10, 1953 and recorded in Volume 385, Page 177 of the Deed Records
of Denton County and being more particularly described by metes and
bounds as follows,
BEGINNING at a 3/8 inch iron pin set in the center of Foster Road
at a point north 880 12' 03" west 321 63 feet from the northeast
corner of said Coyle tract (Deed calls "west"), said beginning
point also being the northwest corner of a tract shown by Deed to
Robert H Matzinger Wife, Frances Matzinger, recorded in Volume
574, Page 77 Deed Records,
THENCE south 20 07' 00" west with Matzinger's west line and along
a tree line 230 73 feet to a fence corner post at the most
northerly northeast corner of a tract shown by deed to Judy M Kay
recorded in Volume 1046, Page 428 Deed Records,
THENCE north 880 30' 37" west with a fence 202 12 feet to a fence
corner post (Kay's Deed calls north 88° 28' 29" west with a fence
202 38 feet) at the northwest corner of Kay's tract and in the east
line of a tract shown by deed to George J Kay and Judy M Kay
recorded in Volume 970, Page 277 Deed Records,
THENCE north 30 21' 00" east with the east line of the last
mentioned Kay tract 231 91 feet to a 3/8 inch iron pin set at the
northeast corner of said Kay tract and in the center of Foster Road
in the north line of the "called" 42 5 acre Coyle tract,
THENCE south 880 12' 03" east with the north line of said Coyle
tract 197 11 feet to the Point of Beginning and containing 1 060
acres of land
AEE0028C
GF#93R07758 DTI WARRANTY DEED
Date October 12, 1993
Grantor Ruth Inez Coyle
Grantor's Mailing Address
(including county)
Grantee City of Denton, Texas Grantee's Mailing Address 215 E McKinney
(including county) Denton, Denton County, Texas 76201
Consideration
For and in consideration of the sum of TEN AND N01100 DOLLARS
($10 00) and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged
Property (including any improvements)
All that certain lot, tract, or parcel of land situated in the G
Walker Survey A-1330 Denton County, Texas and being the remainder
of a "called" 42 5 acre tract shown by deed from N A Lowe and
wife, Bertha Lowe to W A Coyle and wife, Ruth Coyle dated January
10, 1953 and recorded in Volume 385, Page 177 of the Deed Records
of Denton County and being more particularly described on the
Exhibit "A" attached hereto and made a part hereof for all
purposes
Reservations from and Exceptions to Conveyance and Warranty
This conveyance is made and accepted subject to all easements,
reservations, conditions, covenants and restrictive covenants as
the same appear of record in the office of the County Clerk of the
county in which the property is situated, to the extent that the
same apply to subject property and remain in effect
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, or 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, executor6. wrlm~n~a+,nf
ACKNOWLEDGMENT
THE STATE OF TEXAS )
COUNTY OF DENTON )
THIS INSTRUMENT was acknowledged
October, 1993 by Ruth Inez Coyle
* :A-** BROMLEY
RY PUBLIC
SE OF TEXAS
Mm Ezp Z g gq
After Recording Please Return to
City of Denton, Texas
215 E McKinney
Denton, Texas 76201
me on theA~-day of
is
14
EXHIBIT A
ALL that certain lot, tract, or parcel of land situated in the G
Walker Survey A-1330 Denton County, Texas and being the remainder
of a "called" 42 5 acre tract shown by deed from N A Lowe and
wife, Bertha Lowe to W A Coyle and wife, Ruth Coyle dated January
10, 1953 and recorded in Volume 385, Page 177 of the Deed Records
of Denton County and being more particularly described by metes and
bounds as follows,
BEGINNING at a 3/8 inch iron pin set in the center of Foster Road
at a point north 880 12' 03" west 321 63 feet from the northeast
corner of said Coyle tract (Deed calls "west"), said beginning
point also being the northwest corner of a tract shown by Deed to
Robert H Matzinger wife, Frances Matzinger, recorded in Volume
574, Page 77 Deed Records,
THENCE south 20 07' 00" west with Matzinger's west line and along
a tree line 230 73 feet to a fence corner post at the most
northerly northeast corner of a tract shown by deed to Judy M Kay
recorded in Volume 1046, Page 428 Deed Records,
THENCE north 880 30' 37" west with a fence 202 12 feet to a fence
corner post (Kay's Deed calls north 88° 28' 29" west with a fence
202 38 feet) at the northwest corner of Kay's tract and in the east
line of a tract shown by deed to George J Kay and Judy M Kay
recorded in Volume 970, Page 277 Deed Records,
THENCE north 30 21' 00" east with the east line of the last
mentioned Kay tract 231 91 feet to a 3/8 inch iron pin set at the
northeast corner of said Kay tract and in the center of Foster Road
in the north line of the "called" 42 5 acre Coyle tract,
THENCE south 880 12' 03" east with the north line of said Coyle
tract 197 it feet to the Point of Beginning and containing 1 060
acres of land
AEE0028C