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1986-011NO 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 James D Swanson and wife, Jackie V Swanson, in the amount of Thirty-Four Thousand and Five Hundred Dollars ($34,500 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 L- day of , 1986 1 D 0 )bTt;WAW1-, MX?0R-U CIT OF DE TON, TEXAS ATTEST C L , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY J~ /11i1IILtG 1 /LC~~ 1294L THE. STATE OF TEXAS § CONTRACT OF PURCHASE OF REAL PROPERTY COUNTY OF DENTON § This agreement is made on the 17` day of , 1986, by and between the City of Denton, Texas a mun c al corporation, hereinafter referred to as Purchaser and Jame D Swanson and wife, Jackie V Swanson, 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 C ty 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 BEING lot 4, in Block 3, of OATMAN ADDITION, An Addition to the City of Denton, Texas, according to the Plat thereof recorded in Volume 148, page 401, Plat Records, Denton County, Texas 2 Essccr~owwAAge_nt Lawyers Title Guaranty Company of 513 West Oak Street~y 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 Thirty-four Phousan Five Hun re and No/100 Dollars ($34,500 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 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 urchaser's attorney, then such defect shall be pointed out in writing by letter delivered to 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 Costa The Purchaser shall pay all recording fees, 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 Inability to Conve Title In the event Seller is unable to convey goo an mar eta le 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 Cl~osinF2Date 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 Inge ration This agreement constitutes the entire agree- ment 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 i D TE , ATTEST CHARL L , CITY SECRETARY ~A CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY G % 0 SELLER BY I if LOA". P-) *7J4ES- ANSON BY ~„/uC ~c Z/ Y ✓JC yGf~d~rr / JA KIE V SW NSON PAGE TWO THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the G day of , 1986 by Richard 0 Stewart, Mayor of~ City of~, exas, a Municipal Corporation, on behalf of said Municipal Corporation -NOTARY PUBLIC, STATE TEXAS My Commission expires THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on a 70~&day of 4ftp,4A,, , 1986 by James D Swanson NOTARY PUBLIC, STATE OF TEXAS Sc4F -R SHgct/ My Commission expires i_2_/8-8d, THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on a 70tQ- day of adme,„ /sue , 1986 by Jackie V Swanson NOTARY PUBLIC, STATE OF TEXAS SUt ~ SH+9t~ My Commission expires PAGE THREE