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1988-0682176L NO 29- °e AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCHASE OF REAL PROPERTY FROM JUSTIN STATE BANK, 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 Justin State Bank 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 this ordinance shall become effective imme iate y upon its passage and approval PASSED AND APPROVED this they day of , 1988 /L' F STEPHE S, MAY' ATTEST 4JNIqI'. W LT RS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY 2176L THE STATE OF TEXAS § COUNTY OF DENTON § CONTRACT FOR PURCHASE OF REAL PROPERTY This agreement is made on the day of , 1988, by and between the City of Denton, Texas, a mun c pal corporation, hereinafter referred to as Purchaser, and Justin State Bank of Justin, Texas, hereinafter referred to as Seller it is agreed as follows 1 Agreement To Sell and Purchase Seller agrees to sell to City an City agrees to purchase rom Seller, upon the terms and for the consideration set forth in this agreement, all that cer- tain real property (hereinafter called the "property"), situated in the City of Denton, County of Denton, State of Texas and described as follows All that certain lot, tract or parcel of land situated in the E Morris Survey, Abstract 868, City of Denton, Denton County, Texas and being a part of the land conveyed by Sarah Dickie Gualt, et al, to Alex Dickie, Jr , on August 15, 1961, as recorded in Volume 471, Page 649, Deed Record of said County, and being more particularly described as follows BEGINNING at a point in the middle of Woodrow Lane in the West Boundary line of said Morris Survey, same being the East Boundary line of the J Brock Survey, Abstract 55, said point also being the Southwest corner of Tract Three mentioned in the above described deed, THENCE North 0°21' East, with said survey lines and along the center of said Woodrow Lane, 472 41 feet to a point for corner, THENCE North 89°57'23" East, 911 45 feet to a point for a corner, THENCE South 0°21' West 496 5 feet to a point for corner in a fence line and in the South line of the above mentioned Tract Three, THENCE North 86°49'42" West, with a fence 439 57 feet to an angle in said fence, THENCE South 89°53'18" West, along and near a fence, 472 41 feet to the Place of Beginning, and containing in all 10 0 acres of land Less the following described property All that certain 4 00 acre tract or parcel of land situated in the E Morris Survey, Abstract No 868, City and County of Denton, Texas, said tract being occupied on the ground as the tract shown by deed to Ralph Burton, Trustee, As recorded in Volume 767, Page 387, of the Deed Records of Denton County, Texas, and being more particularly described as follows BEGINNING, for the southwest corner of the tract being described herein at a point in the middle of Woodrow Lane, said point being in the occupied and apparent West line of the said E Morris Survey, THENCE North O1°26'10" West with the center of said road 364 07 feet to a point for corner, THENCE North 88°10'20" East a distance of 481 06 feet to an iron pin set for the northeast corner of this tract, THENCE South 01°26'10" East 360 43 feet to a fence for the southeast corner of this tract, THENCE South 87°44'20" West with said fence 481 1 feet to the point of beginning 2 Escrow Agent Title USA Insurance Corporation of 531 North Locust Street, City of 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 Twenty-Two Thousand Five Hundred Dollars ($22,500 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 Title USA Insurance Corporation, as escrow agent as follows (a) One Thousand and No/100 Dollars ($1,000 00) on the execution of this agreement, payable to Title USA Insurance Corporation 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 PAGE 2 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 Title USA Insurance Corporation 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 Title USA Insurance Corporation, or such other approved title company 5 Effect of Defective Title Should the title prove defective m e op n on o t e 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 Char es and Costs The Purchaser shall pay all recording tees, t t e 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 Conve Title In the event Seller is unable and title to the land as to convey goo an mar eta Title 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 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 PAGE 3 In witness whereof, the parties have executed this agreement on the date first above written CITY OF DENTON, PURCHASER BY c/ Y STEPHENS, MAYO ATTEST =77 W L ERS, CITY SECRET Y VED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY O - `Y~ V-" BY TITL PAGE 4 JUSTIN STATE BANK, SELLER THE STATE OF TEXAS § COUNTY OF DENTON § ~ 41c" T s instrument was ack wledged before me on the day of , 1988 by egiefts, Mayor of the Cry of Denton, Texas, a Municipal Corporation, on behalf of said Municipal Corporation a~*' AANETTE SCOTT • No hb k, a Tens %no My CommMxkn Expires Memo 9. 1889 My Commission expires THE STATE OF TEXAS § COUNTY OF DENTON § NO PUBLIC, STATE OF TEXAS This instrument was acknowledged before me on 17th day of March , 1988 by Howard Young r President of Justin State Bank 4 ~'g- ` u'-CtLo~'Sharon Crawford SHARON CRAWFORO NOTARY PUBLIC, ATE OF TEXAS j My commission expires 1:2!~ My remission expires PAGE 5