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
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