1990-114ORDINANCE NO. 9& _JZI
AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCHASE OF
REAL PROPERTY FROM LILLIAN IRENE QUESENBERRY; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council of the City of Denton,
Texas, approves the contract providing for the purchase of the real
property described in the contract attached hereto, between the
City of Denton and Lillian Irene Quesenberry.
SECTION II. That the City Council authorizes the Mayor and
City Manager to execute any and all documents necessary to
consummate the purchase of real property in accordance with the
contract.
SECTION III. That the City Council authorizes the expenditure
of funds in the amount of Thirty-Five Thousand and No/100 Dollars
($35,000.00) for the purchase price of said property and any
additional closing costs which may be incurred in the purchase.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1990.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
AP VED TO LEGAL FORM:
DE A. DRAYOVITCH, CITY ATTORNEY
BY: r~Q a~C~~fa~AA9 -
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49061
BOB CASTLEBERRY, MAYOR
THE STATE OF TEXAS §
CONTRACT FOR PURCHASE OF REAL PROPERTY
COUNTY OF DENTON §
This agreement is made on the _ " day of ,
1990, by and between the City of Denton, Texas, a m icipal
corporation, hereinafter referred to as Purchaser, and Lillian
Irene Quesenberry, Denton, Texas, hereinafter referred to as
Seller.
It is agreed as follows:
1. Agreement To Sell and Purchase. Seller agrees to sell to
City and City agrees to purchase from Seller, upon the terms and
for the consideration set forth in this agreement, all that certain
real property (hereinafter called the "property"), situated in the
City of Denton, County of Denton, State of Texas and described as
follows:
Being all that certain tract or parcel of land situated
in Denton County, Texas, and being a part of Subdivision
No. 22 of the B.B.B. & C.R.R. Co. Survey, Scrip No. 111,
Abst. #185, and
BEGINNING at a point on the South line of the Texas and
Pacific right-of-way, where the East boundary line of Lot
23 and B.B.B. & C.R.R. Co. Survey intersects said right-
of-way;
THENCE South with the East boundary line of Lots 23 and
22, 390.5 feet;
THENCE in Northwest direction, 408 feet to the South
boundary line of the T. & P. right-of-way with road;
THENCE in a Northeast direction with the South boundary
line of said right-of-way, 502 feet to the place of
beginning, containing 1.75 acres of land, more or less.
2. Escrow Agent. Lawyer's American Title, 512 W. Hickory,
Suite 112, Denton, Texas, is hereby designated as escrow agent and
the Purchaser, on execution of this agreement, shall pay the escrow
fee.
3. Purchase Price. The total purchase price of Thirty-Five
Thousand and No/100 Dollars ($35,000.00), which sum shall be the
sole compensation due Seller for any and all claims of any
description whatever arising out of the Purchaser's acquisition or
use of the property for public purposes, is to be payable to
Lawyer's American Title, as escrow agent as follows:
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(a) One Thousand and No/100 Dollars ($1,000.00) on the
execution of this agreement, payable to Lawyer's American
Title as earnest money.
(b) The balance, in cash 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 Purchaser a good and marketable record and
title to the land 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. Purchaser shall
take possession on the date of closing.
4. Title Insurance Policy. The Seller agrees, prior to the
closing, to procure at the Purchaser's cost, from Lawyer's American
Title, or another title company of Seller's choice acceptable to
the Purchaser, a preliminary title report agreeing to ensure
marketable title to the Purchaser in the full amount of the
purchase price and to obtain such policy to be issued by Lawyer's
American Title, or such other approved title company.
5. Effect of Defective Title. Should the title prove
defective in the opinion of the Purchaser'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 Purchaser in writing, prior to closing.
6. Fees, Charges and Costs. The Purchaser shall pay all
recording fees, title searches, reconveyance fees, trustees' fees,
forwarding fees for any full reconveyance of any deed of trust, and
the premium charged for any policy of title insurance arising out
of this transaction. 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.
7. Inability to Convey Title. In the event Seller is unable
to convey good and marketable record and title to the land as
provided for herein in the opinion of the Purchaser, then this
agreement shall terminate and any amount tendered by Purchaser
shall be returned to Purchaser.
8. Closing Date. The transactions shall be closed on or
before one hundred eighty (180) calendar days from the date of
acceptance of this agreement by the Seller and Purchaser, or at
such other time as the parties may mutually agree, at the office of
CONTRACT FOR PURCHASE OF REAL PROPERTY/Page 2
the escrow agent or at such other location as is mutually agreeable
to the parties herein.
9. Integration. This agreement constitutes the entire
agreement between the parties and neither party relies upon any
warrants or representation not contained herein.
In witness whereof, the parties have executed this agreement
on the date first above written.
CITY OF DENTON, PURCHASER
BY:~
BOB CASTLEBERRY, MAYO
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY• J
AP OVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:~
LILLIAN IRENE QUESENBERRY,
SELLER
d
1
CONTRACT FOR PURCHASE OF REAL PROPERTY/Page 3
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the 1,5'' day of
1990 by Bob Castleberry, Mayor of the City of
Denton, Texas, a Municipal Corporation, on behalf of said Municipal
Corporation.
ELMAMBNNoEoJFcm
f~'~ or +A°° M➢ Coins. M (NOTARY PUBLI~/-, STATE OF TEXAS
THE STATE OF TEXAS §
COUNTY OF DENTON §
Th's instrument was acknowledged before me on cv sf day of
~C[ 1990 by Lillian Irene Quesenberry.
z°` Y ROGER N. WILKtNS®N
j Nahry PW*, fate of Texas
~t~pd fq ~L NO IYUBLIC, STATE OF TEXAS
quesenb.k
CONTRACT FOR PURCHASE OF REAL PROPERTY/Page 4
2251
Prepared b% the State Bar of Texas for use b% law} ers onh . VOL 2 8 3 C
Revised 10-85 •J P~l
0 90 h, tht Stem Bnrot I.1.i.
WARRANTY DEED
Date: August 16, 1990
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•
Grantor: LILLIAN IRENE QUESENBE.PRY-
yi i-
Grantor's Mailing Address (including county): 2,5@1' N.
)11 Avid.
• Dsiton
Conty
w .<:Di 01~
T txas 7201
Grantee: THE CITY OF DENTON f l
Grantee's Mailing Address (including county):-~ ;E:
McKinney ,
" 4)tAt~n
County
'pentpn,
Txas 76201
Consideration: THIRTY-FIVE THbUS'ANDr 'AND NO1100 DOLLARS ($35,000.00)
Property (including any improvements):
Being all that certain tract or parcel of land situated in Denton
County, Texas, and being a part of Subdivision No. 22 of the B.B.B.
& C.R.R. Co. Survey, Scrip No. 111, Abst. #185, and
BEGINNING at a point of the South line of the Texas and Pacific
right-of-way, where the East boundary line of Lot 23 and B.B.B.
& C.R.R. Co. Survey intersects said right-of-way;
THENCE South with the East boundary line of Lots 23 and 22, 390.5
feet-
THENCE in Northwest direction, 408 feet to the South boundary
line of the T. & P. right-of-way with road;
THENCE in a Northeast direction with the South boundary line
of said right-of-way, 502 feet to the place of beginning, containing
1.75 acres of land, more or less.
Reservations from and Exceptions to Conveyance and Warranty:
All easements and rights-of-way filed of record in the deed records
of Denton County.
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.
VOL2835 PG P382
(Acknowledgment)
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the
by LILLIAN IRENE QUESENBERRY
JANE ALSUP
Natary Publlc, State of Texes
^~Z"~,~, My Cumm. Expires 3-12-92
STATE OF TEXAS
COUNTY OF
day of 15~~L7
Notary . State of Texas
Not s name (printed):
Notary's commission expires:
(Corporate Acknowledgment)
This instrument was acknowledged before me on the
by
of
a corporation, on behalf of said corporation.
day of
Notary Public, State of Texas
Notary's name (printed):
Notary's commission expires:
AFTER RECORDING RETURN TO:
THE CITY OF DENTON
215 E. MCKINNEY
DENTON, TEXAS 76201
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