1986-028NO B L "
AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCHASE OF
REAL PROPERTY BY THE CITY OF DENTON, TEXAS AS DESCRIBED HEREIN,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, 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 Contract of Purchase of Real Property providing for the
purchase of that certain real property described in said
contract attached hereto, by the City of Denton, Texas from
Clordie Branch, in the amount of One Hundred Twenty Thousand and
No/100ths Dollars ($120,000 00), in accordance with the terms
and conditions of said contract
SECTION II
That the City Council authorizes the expenditure of funds in
the amount specified in said contract for the purchase of said
real property and authorizes the Mayor and 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 day of , 1986
~KIJHARD 0 STEWART,-MAYORV
CI Y OF NTON, TEXAS
ATTEST
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY O r(~ Ww1
1323L
THE STATE OF TEXAS §
COUNTY OF DENTON §
CONTRACT OF PURCHASE OF REAL PROPERTY
This agreement is made on the day of ,
1986, by and between the City of enton, Texas, a mun c a
corporation, hereinafter referred to as Purchaser, and Clo die
Branch, hereinafter referred to as Seller, whether one or more
It is agreed as follows
1 Agreement To Sell and Purchase Seller agrees to sell to
City an City agrees to purchase from 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 out of the
Jonathan Brock Survey, Abstract No 55, Denton County,
Texas,
BEGINNING at the southeast corner of a tract of land
conveyed to J Homer Kerley, which beginning point is
161 5 varas east of the southwest corner of the Jonathan
Brock Survey,
THENCE west with the south boundary line of the Jonathan
Brock Survey, 100 varas to the southeast corner of a
1-acre tract known as the Jerry Jackson Tract,
THENCE north with the east boundary line of the Jackson
Tract, 89 8 varas to corner,
THENCE west with the north boundary line of the Jackson
Tract 61 5 varas to a corner in the west boundary line of
the Jonathan Brock Survey,
THENCE north with the west boundary line of the Jonathan
Brock Survey, 135 7 varas to a corner in the north
boundary line of a tract conveyed to Pemberton and wife
to J Homer Kerley,
THENCE east with the north boundary line of said tract
153 varas to the northeast corner of said tract,
THENCE south with the east boundary line of said tract
conveyed by Pemberton to J Homer Kerley 229 5 varas to
the place of beginning
2 Escrow Agent Lawyers Title Guaranty Company of 513 West
Oak 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 One Hundred
Twenty Thousand an No/100ths Dollars ($120,000 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 Lawyers Title Guaranty Company, as escrow agent as
follows
(a) One Thousand and No/100ths Dollars ($1,000 00) on
the execution of this agreement, payable to Lawyers
Title Guaranty Company 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
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 Lawyers Title
Guaranty Company, 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
Lawyers Title Guaranty Company, or such other approved title
company
5 Effect of Defective Title Should the title prove
defective in the opinion o the 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 sixty (60) days thereafter in which to
cure such defects or, if agreed to by Purchaser in writing,
prior to closing
6 Fees Charges and Costs The Purchaser shall pay all
recording tees, title 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
7 Inabilit 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 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 thirty 3 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 Inte ration This agreement constitutes the entire
agreement between the parties and neither party relies upon any
warrants or representation not contained herein
In witness whereof, the parties have executed this agreement
on the date first above written
CITY OF DENTON, PURCHASER
BY
*ID'ql STh AR , MA R
PAGE 2
ATTEST
ZHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
v.r
BY
SELLER
'CLORDIE BRANCH
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the , day
of , 1986 by Richard O Stewart, Mayor of the
Gity o Dent n, Texas, a Municipal Corporation, on behalf of
said Municipal Corporation
y/,r~ It 1 / lC r
NOTARY PUBLIC, STATE F TEXAS
My Commission expires ~A BRYAN
Notiry Pub4c t or ens
E My Commission Expiro 1W, Ij 1986
THE STATE OF TEXAS §
COUNTY OF DENTON §
qtk
This instrument was acknowledged before me on -A day of
L , 1986 by Clordie Branch
• • IA E dIIiLlMIc Lc
0 Y PUBLIC, STATE TEXAS
My Commission expires
PAGE 3
DATE February 4, 1986
CITY COUNCIL REPORT
TO Mayor and Members of the City Council
FROM Rick Svehla, Acting City Manager
SUBJECT BID 119550 WATER TREATMENT PLANT UPGRADE - PHASE I
RECOMMENDATION We recommend this bid be awarded to the lowest responsible
bidder, The Boswell Company, in the amount of $463,077 00
with work to be completed in 210 calendar days
SUMMARY This bid is for Phase I of the Water Treatment
It includes such items as construction of a 36"
replacement of filter media, replacement of wei
serpentine weir pans, the air handling system,
installing Leopold filter blocks and supplying
wheeler filter blocks
BACKGROUND Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
Water Treatment Plant
FISCAL IMPACT Water Utility Bond Funds
Respectfully submitted
Plant Upgrade
filtered waterline,
r plates with
supplying and
and installing
Rick Svehla
Acting City Manager
Prep ed by
ame Tom D Shaw, C P M
Title Assistant Purchasing Agent
Approved
Name Tom D Shaw, C P M
Title Assistant Purchasing Agent
9
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