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1986-040NO Z9-1?o AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE EXCHANGE OF REAL PROPERTY BETWEEN THE CITY OF DENTON AND A B P , JR , TRUSTEE, INVESTMENT NO 17, A JOINT VENTURE, 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 exchange of the real property described in said contract attached hereto, between the City of Denton and A B P , Jr , Trustee, Investment No 17, a ,joint venture between A Ben Pinnell, Jr , and Zola C Pinnell SECTION II That the City Council authorizes the Mayor and City Manager to execute any and all documents necessary to consummate the exchange of real property in accordance with said contract SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the S: day of , 1986 4i4D~ S T. IRTYUR CITY OF DENTON, TEXAS ATTEST C LOTTE ALLEN, I -SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY o THE STATE OF TEXAS § CONTRACT FOR TRADE OF REAL PROPERTY BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON § A B P , JR. TRUSTEE, INVESTMENT NO 17 This agreement is made on the day of , 1986, between the City of Denton, Texas, a municipal corporation ("City"), and A B P , Jr , Trustee, Investment No 17, ("A B P a point venture consisting of A Ben Pinnell, Jr and Zola C Pinnell, whose business address is Route 3, Box 135, Denton, Texas 76201 the parties agree upon the following facts On October 23, 1985, the City, by bid invitation (Bid Number 9541), advertised its intent to exchange 18 163 acres of real property owned by the City for other real property of equal or greater value On December 2, 1985, A B P submitted a bid proposal to the City offering to exchange 18 157 acres of real property owned by A B P for the 18 163 acres owned by the City " On 7 , 1986, the City Council of City accepted the 1 d proposal of A B P by approval of this agreement in consideration of the mutual covenants of the parties, who agree as follows 1 Property Described City will convey to A B P the real property owned by it, described as follows 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 G Walker Survey, Abstract No 1330, and also being part of tract one of the land as conveyed from Felix W Callahan, et al to City of Denton by deed dated January 10, 1982, and recorded in Volume 1181, Page 116 of the Deed Records of Denton County, Texas, and more particularly described as follows BEGINNING at the southwest corner of said tract one, said point lying in the west boundary line of said Walker Survey and in Mayhill Road, THENCE north 2°58'37" east along said survey line and in said road, a distance of 701 63 feet to a point for a corner, said point lying 50 feet south of the northwest corner of said tract, THENCE south 88°06'15" east 50 feet south of and parallel to the north boundary line of said tract, a distance of 1106 25 feet to a point for a corner, THENCE south, a distance of 707 58 feet to a point for a corner in the south boundary line of said tract, THENCE north 87°49'09" west along the south boundary line of said tract, a distance of 1142 91 feet to the place of beginning and containing 18 1836 acres of land, more or less A B P will convey to City the real property owned by A B P , described as follows Being a 18 157 acre tract of land lying in the Gideon Walker Survey Abstract No 1330, Denton County, Texas, same being a part of a called 97 785 acre tract described in a deed to Anthony Scalise as recorded in Volume 647, page 8 of the deed records of said county, same being set out by metes and bounds description as follows COMMENCING at a fence corner at the northwest corner of said 97 785 acre tract, THENCE S 86°01'32" E with the north line of said tract and a fence a distance of 479 8 feet to the true place of beginning, THENCE continuing S 86°01'32" E a distance of 790 00 feet to the northwest corner of a tract described in a deed to the City of Denton, recorded in Volume 1169, page 687, of the deed records of Denton County, Texas, THENCE S 03°45'16" W with the west line of said City of Denton tract a distance of 1045 71 feet to a corner in a public road, also being on the south line of said 97 785 acre tract, THENCE N 86°10'27" W with said road and said south line a distance of 721 23 feet to the southwest corner of this tract, THENCE "north" a distance of 1050 09 feet to the place of beginning 2 Deeds City shall convey its above-described property to A B P by executing, acknowledging and delivering a special warranty deed to A B P A B P shall convey fee simple title to its property described above by executing, acknowledging and delivering a general warranty deed to City, free and clear of all encumbrances except as herein described 3 Closing All deeds shall be executed and delivered by the parties and the entire exchange shall be completely consummated within ninety (90) days of the execution of this PAGE 2 agreement at a time and place mutually agreeable to both parties 4 Title Insurance Policy A B P shall, prior to closing, procure at its cost, a preliminary title report from a title company acceptable to City, agreeing to insure marketable title to the City in an amount acceptable to City and to obtain at or before closing a title policy on the property to be conveyed to City insuring good and marketable title to the property in the City 5 Effect of Defective Title After A B P has obtained a preliminary title report of its property to be conveyed to City, it shall submit same to the City for its inspection Should the title prove defective, in the opinion of the City's attorney, then the defect shall be pointed out to A B P in writing and A B P shall use all diligence to correct the defect If the defect is not corrected to the satisfaction of City prior to closing, City may terminate this agreement 6 Taxes and Assessments Each party shall pay all taxes and assessments on these respective properties to be exchanged so that on the date of closing no taxes or assessments shall be owed on the respective properties 7 Fees, Charges, Costs A B P shall pay all recording fees, title searches, reconveyance fees, trustee fees, and title policy premiums arising out of this agreement 8 Fencing Prior to closing, A B P shall erect a six foot chain link fence with a three strand barbed wire top, of a type and quality acceptable to City, along and outside the eastern boundary of the property being exchanged by the City and extending southerly along and inside the western boundary line of the property being exchanged by A B P , as shown on Exhibit I attached hereto 9 Default Should A B P fail to periorm in accordance with the terms of this agreement, City may retain any monies PAGE 3 submitted to the City with its bid in witness whereof, the parties have executed this agreement on the date first above written CITY OF DENTON, TEXAS BY RI HARD 0 ST , MAYOR ATTEST CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY 0. 'YYI Lnnn A B NO BY P , JR , TRUSTEE, INVESTMENT 17 JOINT VENTURE I AIA 2.J BENBENPINNML, TRUSTEE BY I~ &Z- -a- A FINN ELL, TRUSTEE PAGE 4 THE STATE OF TEXAS § COUNTY OF DENTON § this day of 1986, before me 1 , , the undersigned Notary Public, personally appeared c1arles Hopkins, Mayor Pro Tem , personally known to me to be the person who executed the within instrument as Mayor of the City of Denton, Texas, on behalf of the Municipal Corporation therein named and acknowledged to me that the corporation executed it WITNESS my hand and official seal /'hI,~LL9 l~yLo7~ w" T Y PUBLIC, ST NTE 0 T X AS THE STATE OF TEXAS g COUNTY OF DENTON § 0 this day of 1986, before me P/41/cm uniwir~6~J In , the undersigned Notary Public, personally appeared A Ben Pinnell, Trustee, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the trust and acknowledged to me that the trustee executed it NOTARY P BLIC, -STATE OF THE STATE OF TEXAS § COUNTY OF DENTON § day of (I~z v 1986, before On thia me A, ui- un/ruiilGZ' lrl , the undersigned Notary Public, personally appeared Zola C Pinnell, Trustee, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the trust and acknowledged to me that the trustee executed it ~~1 c NOTARY PUBLIC, STATE CffjTEXAS PAGE 5 IE ° MAYHILL ROAD N 2 5! 37 701 63 az 1 _ 0 1 44~! ~ N4° 47'02"E ff N i a N r 4°04' S2'E 62639' rn 31. 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