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1988-1012362L NO I? 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 or 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 /'4-, day of 1988 RAY ST NS, AYOR 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 be our 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 t the able Btitle to the Buyer in the full oamount eofnthe pu chase price 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 Grubb & E s ompany (Principal Agent), for 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 previously than the terminate thisi agreement and receive the Earnest Buyer 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 ss whereo the parties have executed this agreement on the 1-W day of 1$ CITY OF DENTON, TEXAS, BUYER BY hf/1 r` ' i RAY E HENS MAYOR ATTEST J RS, CI Y S CRET Y APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY rn.w~ D J ANDERSON, SELLER BY D J ANDERSON PAGE 3 THE STATE OF TEXAS § COUNTY OF DENTON § T instrument was acknowledged before me on the 71, day ,kq of , 1988 by Ray Stephens, Mayor of the City of Dento exas, a Municipal Corporation, on behalf of said 711k~ Municipal Corporation F A iuwmwff WW N PuOYe, d&e4 My WMA" &*a use i1, My commission expires NOT P BLI , STNIE OF EXAS -.~)J 7 THE. STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged re me on the j-_ day of 1988 by D Anderson Lc. Y PUBLIC, STATE OF TEXAS My Commission expires la C) PAGE 4 EXHIBIT "A" FIELD NOSIS TO 84 8193 ACSHS IN THS GIDION WALKER SUHYSY, ABNTICT 1330, DEyTON COUNTY, TEXAS ALL THAT CERTAIN TRACT OR PAKCSL OF LAND SITUATED IN TRI DIDION WALKER SURVRT, ABSTRACT 1330 DENSON COUNTY TEAS BEING PART Of A (CALLED) 90 066 ACRES TRACT DESCRIBED IN A DEAD 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 IICORDS OF SAID COUNTY AND BSINO MORE FULLY DEBCHIDID AS FOLLOWBt BEGINNING AT A VINCI CORMIR AT IRS SOUTH SOUTHWEST CORNER OF SAID 90 066 ACRE TRACT ON TIE NORTH BOUNDARY LINE OF A PRIVATE ROAD; TN6NCS WORTH 04 DEGREES 03 MINUTES 08 SECONDS SAST ALONG AND NEAR A VINCI A DISTANCI Of 987 7 ►SAT TO A VINCE COINER AT AN SOBER ELL CORNER OF SAID 90 066 ACRE TRACT; TILINCI mINGTIS 42 S`EON D PIN T AT TUB ALONG AND ARAI A FENCE A DISTANCI OF 306 4 FEIT TO AN 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 DI9D RECORDS OF DSNTON COUNTY; TAENCI NORTH 03 DIGRESS 37 MINUTES 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; _ H TRZICK BOUNDARY /LIONOFE SAID/ 20542E ACRES TR32 ACT EAODISTAICE OF 33483 FEAT TO AN IRON PIS; THINGS SOUTH 82 DIGRESS 36 MIBUTES 03 SECONDS BAST A DISTANCS OF 24 45 TO AN 1909 Ply; THEWCS NORTH 03 DIGR6E8 26 MINUSSS 17 SECONDS EABT A DISTANCE OF 43 0 FSNT TO A FINDS COINER POSTI TISPCI NORTH 07 DIORSES 57 MINUTIS 46 SECONDS WSIT A DISTANCS OF 31 0 FIST SO A /INCH COUSIN POSTS FSNCA RIPUTIS 368W54 FEET TO DIGRESS 58 POST AT IRS NORTHEAST CORISR OF SAID 2 542 ACRE TRACT; TRENCH NORTH 86 0E0l6ES 30 MINUTIS 11 SECONDS WIST A DISTASCS OF 134 6 FIST TO IN% NOSTRUM COINER Of SAID 2 542 ACRI TRACT IN MAYHILL ROAD ON TRI WEST BOUNDARY LINT OF THE GIDSON WALKER 3URY6Ty TUSUCI NORTH 04 D9GRIA8 08 MINOTSS 09 92COMDB EAST NISI SAID SUl9IT LINE IN MATHILL ROAD A DISTANCS OF 132 01 FIAT TO THE VORTHWB87 CORNER OF SAIIR 90 066 ACIi TRACT; T::VCK SOUTH 66 09049198 60 MISTUE/ 39 BBCONDS EAST ALONG AND NEAR A FE ICS ♦ WERE ANDS, 1416 61 FAIT TO A FOUND IRON PIN AS tHA WROUT S 113 A 'Hot9MS R OF A (CALLED) 3 ACRE 211CS DOCIIBBD IN A IT US, DRID FRIT so 128 TO A S, YOLUMEL 3034`DFAGS 889, DESDURECORDS 01lDINTON COUITT RICOlD6DO IVCAPSYN 223876 SENTHTOSA BOORISH 11 SOUND loop PIN AT SUCCESS SOOTRWBSTSCORNS& OF SAID 3 ACIi TRACTS TWIVCH SOUTH 86 DIGRESS 40 MINUSES 18 SECONDS BASS A DISSASCR Of 438 5 FAST TO TRH SOVTHBABT COUPHI OF SAID 3 ACRS TRACT AND THS EAST NORTR9ASt CORSSR OF SAID 90 066 ACRS TRACT IW ►ACAN CIEBKI THING SOUTRSRLT WITH SRS HAGS BOUNDARY LIPS OF SAID 90 066 ACRE TRACT AND 129 MIDDLE of PECAN CRIZI THU FOLLOWING 11 00088[/ ADD DISTAKCISI (1) SOUTH 34 DIOIBES 27 MINUTIS SASS 42 40 ►RIT; (2) 800tH SS DISUSE/ 10 MINUTIS 55 SICONDI SAST A DISTANCE OF 294 36 PASTI (3) SOUTH 47 D90IBSS 28 MINUTIS 34 SECONDS BASS 56 54 FIAT; (4) SOUTH 04 PAGRISS 41 NIIUTSI 47 SECONDS VAST 91 07 FEIT; (5) SOUTH 08 DECRHI6 58 MINOT%$ 39 SECONDS WEST 214 30 ►RET1 (6) SOUTH 07 DISli6S 00 MIWVTSS 40 SECONDS BAST 228 66 FlITI (7) SOUTH 34 09GAE6S 45 MINUTIS 30 SECONDS NAST 167 69 SUITI (6) BOOTH 15 DECRIER 42 NINUTR 16 SICOWDS WEST 110 83 ►69T; (9) SOUTH 03 DEGREES 01 PIVOTS/ 44 SECONDS WEST 71 06 /SITS (10) SOUTH 27 DEGREES 06 PISUTES O1 SECONDS BASS 399 01 FBRTI (11) SOUTH 63 DSGISSS 08 MINUSSS 02 SSCONUI BAST 100 65 FIST TO TWA RANT NORTRZAOT CORNEA OF SAID 90 066 ACRE TRACT; THENCE SOUTH 01 DEGREES 51 MINUTIS 04 SECONDS BAST PASS AT 12 FIAT 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 THESCH MORN 66 DiORIBS 40 MINUTES 38 BACONDB GIST WITH T89 SOUTH SOUNDART 19 1A PRIVATE O SD T H OF 2108 17 1199t TO TUB FOIST or SRGINNLKG AND CONTAINING 84 8193 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 DE A A DRAYOVITCH DAD j s Attachment xc Roger Wilkinson, Right-of-Way Agent i r ~ i 1 s _ 1 _ _