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1988-1212385L NO ffy2zL AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCHASE OF REAL PROPERTY BY THE CITY OF DENTON, TEXAS AS DESCRIBED HEREIN FROM DR ELIZABETH R VAUGHAN FOR THE ACQUISITION OF PROPERTY FOR THE CITY'S WATER 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 approves the__?:ontract of Purchase of Real Property providing for the purchase of that certain real property described in said con- tract attached hereto, by the City of Denton, Texas from Dr Elizabeth R Vaughan, in the amount One Hundred Fifty Thousand Five Hundred Fifteen Dollars and Forty-eight Cents ($150,515 48), in accordance with the terms and conditions of said contract SECTION II That the City Council authorizes the expenditure of fun s n t e amount specified in said contract 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 immediately upon its passage and approval PASSED AND APPROVED this the j~ day of 1988 i ENS, MAYOR ATTEST I R L ERS, CITYS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY 4a2292 Yi AJUIQ(..2 U 1 ~ 2385L RECEIVED JUN 8 $ 1988 THE STATE OF TEXAS CONTRACT FOR PURCHASE OF REAL PROPERTY COUNTY OF DENTON § cU qa 1 Parties DR ELIZABETH R VAUGHk (Seller) agrees to sell and convey to the CITY OF 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 Gity of Denton, County of Denton, State of Texas, described in hxhibit "All, attached hereto and incorporated herein by reference 3 Escrow Agent Lawyers Title of Denton, 513 West Oak Street, C ty o Denton, Texas, is hereby designated as escrow agent and the Purchaser, on execution of this agreement, shall pay the escrow fee, if any 4 Contract Sales Price The total sales price for the Pro- perty s a 1 be ne Hun re Fifty Thousand Five Hundred Fifteen Dollars and Forty-eight Cents ($150,515 48), 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 (6o) £U 5 Closing Date transactions shall be closed on or before g'I 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 Survey A survey of the Property shall be obtained within sixty (60) days of the effective date of this agreement by the Buyer, at the Buyer'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 The total sales price for the Property shall be determined by the exact acreage as shown on the survey furnished 7 Title Insurance Policy The Seller agrees, prior to the closing, to procure at t e Buyer's cost, from Lawyers Title of Denton or another title company of Seller's choice acceptable to the Buyer, a preliminary title report agreeing to ensure market- able title to the Buyer in the full amount of the purchase price 8 Effect of Defective Title Should the title prove defec- tive in the op n on o t e 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 to closing 9 Inability to Convey Title In the event Seller is unable to convey goo an mar eta a record and title to the land as provided for herein in the opinion of the Buyer, then this agreement shall terminate and any amount tendered by Buyer shall be returned to Buyer 10 Fees Char es and Costs The Buyer shall pay all recording ees, tit e searc ea, reconveyance fees, trustees' deed of fees, trust, forwarding and a the npremium charged forlanycpolicy nof 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 11 Default If Buyer shall fail to comply with any provision of 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 requirement to cure defective title, Buyer may either terminate this agreement and receive the Earnest Money previously paid, or enforce specific eftfrereerp&at of this agreement PAGE 2 12 Possession The possession of the Property shall be delivered to Buyer at closing 13 Inte ration This agreement constitutes the entire agreement between the parties and neither party relies upon any warrants or representation not contained herein ave executed this agreement IN Il~S$ WHERE , e parties19$ on the k"~day of > CITY OF DENTON, TEXAS, PURCHASER B 4WR~RR E LL CITY MANAGER ATTEST S RF AARY 4% 4LTER , APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY 91U 441 DR ELIZABETH R VAUGHX, SELLER DR ELI ABETH R VAUGHN PAGE 3 THE STATE OF TEXAS § COUNTY OF DENTON § is 4nstrument was acknowledged before me on the o2 S E"Eday of , 1988 by Lloyd V Harrell, City Manager of the C y nton, Texas, a Municipal Corporation, on behalf of said Municipal Corporation JBKM MR ~b dm 1A1,1N/ NO Y C , S A OF EXAS My Commission expires o;5-s)''P 9 THE STATE OF TEXAS § COUNTY OF DENTON § day his instrument was acknowledged before me on the of , 1988 by Dr Elizabeth R Vaughn N0 Y PQ UBL1C, S~A~'E 0 My Commission expires 4j-'s7- k PAGE 4 EXHIBIT "A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the H B Williams survey, Abst No 1417, and also being part of a tract of land as conveyed from Wilbur F Poppe, et al to Elizabeth R Vaughn by deed dated 10-26-84 and recorded in Volume 1512, Page 975 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the southerly southwest corner of said Vaughn tract, same being the southeast corner of a tract conveyed to Sinclair Pipeline Company by deed recorded in Volume 421, Page 111 Deed Records of Denton County, Texas, said point also lying in an east and west road known as Hartlee Field road, THENCE north 20 35' 50" east (by deed north 20 28' 20" east, 328 Ol') along the southerly west boundary line of said Vaughn tract, same being the east boundary line of said Sinclair tract, passing the northeast corner of said Sinclair tract and continuing a total distance of 326 81 feet to the north boundary line of an easement to Delhi Pipeline described in a deed recorded in Volume 682, Page 357 Deed Records of Denton County, Texas, THENCE north 510 38' 06" west (by deed north 510 54' 20" west, 583 62') along the southwest boundary line of said Vaughn tract, same being the northeast boundary line of said Delhi easement a distance of 584 55 feet to the northerly southwest corner of said Vaughn tract for a corner, THENCE north 40 02' 17" east (by deed north 40 02' 20" east, 592 95 tract, a feet) of 591 69 northerly west to ttheunort west corner of said Vaughn tract, THENCE south 860 09' 53" east (by deed south 860 12' 40" east) along the north boundary line of said Vaughn tract, a distance of 730 00 feet to a point for a corner, THENCE south 20 23' 08 4" west a distance of 1243 00 feet to a point in the south boundary line of said tract, said lying in Hartlee Field Road for corner, THENCE north 870 39' 24" west, along the south boundary line of containing istance of 5 n said Vaughn n to tract the Pace in of a Beginning s and Field 275 0 feet acres of land t - -