2012-149s:Uegallour documentslordinances1121summers family trust-first amendment ord.doc
ORDINANCE NO. 2012-149
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT OF CONTRACT OF SALE, BY AND BETWEEN
THE CITY OF DENTON ("CITY") AND MARILYN KAYE NEWLAND AND WILLIAM
EDGAR SUMMERS AND EDNA AULINE SUMMERS, CO-TRUSTEES OF THE WILLIAM
EDGAR SUMMERS FAMILY LIVING TRUST ("SELLERS"), AMENDING A CONTRACT
OF SALE (HEREIN SO CALLED) CONTEMPLATING THE SALE AND PURCHASE OF
FEE SIMPLE TO AN APPROXIMATE 0.1413 ACRE TRACT LOCATED 1N THE M.E.P. &
P. RAILROAD SURVEY, ABSTRACT NUMBER 1473, KNOWN AS LOT 23, BLOCK A, OF
BELLAIRE CROSSING, 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS,
ACCORDING TO THE PLAT THEREOF RECORDED 1N CABINET W, PAGE 667, PLAT
RECORDS, DENTON COUNTY, TEXAS, LOCATED GENERALLY ALONG THE NORTH
LINE OF PAISLEY STREET, WEST OF PACE DRIVE (THE "PROPERTY"); AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Marilyn Kaye Newland, an original "Seller" under the Contract of Sale,
conveyed all of her interest in the Property fo William Edgar Summers and Edna Auline
Slunmers, Co-Trustees of The William Edgax Summers Family Living Trust, under instrument
dated February 22, 1998;
WHEREAS, due to the conveyance of the Property by Marilyn Kaye Newland, the
Original Contract is in need of amendment; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAlNS:
SECTION l. The City Manager, or his designee, is hereby authorized to execute a First
Amendment of Contract of Sale, between the City of Denton and Marilyn Kaye Newland and
William Edgar Summers and Edna Auline Summers, Co-Trustees of The William Edgar
Summers Family Living Trust, under instrument dated February 22, 1998, which is attached to
and made a part of this ordinance for all purposes.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �,7 = day of , 2012
.
MA A BU G , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ��/1�/�
Page 2
FIRST AMENDMENT
OF
CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF DENTON §
This First Amendment of Contract of Sale (the "Amendment") is made and
effective this 17'� day of July, 2012, by and between Marilyn Kaye Newland and William
Edgar Sununers and Edna Auline Summers, Co-Trustees of The William Edgar Summers
Family Living Trust, under instrument dated February 22, 1998 (collectively, "Original
Sellers") and the City of Denton, Texas ("Buyer"), a Home Rule Municipal Corporation
of Denton County, Texas.
RECITALS
WHEREAS, the Original Sellers and the City entered into that certain Contract of
Sale, dated effective June 6, 2012 (the "Original Contract"), contemplating the sale and
purchase of Lot 23, Block A, of BELLAIRE CROSSING, in the City of Denton, Denton
County, Texas, accarding to the Plat thereof recorded in Cabinet W, Page 667, Plat
Records, Denton County, Texas and other property interests as more particularly
described in the Original Contract (collectively, the "Property");
WHEREAS, the Original Sellers were identified as the owners of the Property
pursuant to that certain Commitment for Title Insurance, prepared as "Preliminary Title
Work", and issued to the City on or about November 4, 2011 (the "Prior Commitment");
WHEREAS, Marilyn Kaye Newland conveyed all of her interest in the Properiy
to William Edgar Sumrners and Edna Auline Summers, Co-Trustees of The William
Edgar Summers Family Living Trust, under instrument dated February 22, 1998,
subsequent to the issuance of the Prior Commitment;
WI�REAS, pursuant to Commitment for Title Insurance issued to the Ciiy of
Denton, Texas, on or about June 7, 2012, the owners of the Property are identified as
William Edgar Summers and Edna Auline Suinmers, Co-Trustees of The William Edgar
Summers Family Living Trust, under instrument dated February 22, 1998;
WHEREAS, due to the conveyance of the Property by Marilyn Kaye Newland,
the Original Contract is in need of amendment;
WHEREAS, the �riginal Sellers and the Buyer hereby desire to so amend the
Original Contract.
NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which
is herein acknowledged, the Original Sellers and the Buyer hereby amend the Original
Contract as follows:
1. Any and all references in the Original Contract to Marilyn Kaye
Newland as a"Seller", and/or as an owner of the Property, are hereby deleted
in their entirety.
2. Without limiting the general nature of Section 1, the "Seller" under
the Original Contract, as de�ned in the first paragraph of the Original
Contract, is hereby amended to be "William Edgar Summers and Edna
Auline Slunmers, Co-Trustees of The William Edgar Summers Family
Living Trust, under instrument dated February 22, 1998".
3. Without limiting the general nature of Section 1, the Special
Warranty Deed, attached to the Original Contract as Exhibit "B", is hereby
arnended to provide "William Edgar Summers and Edna Auline Summers,
Co-Trustees of The William Edgar Summers Family Living Trust, under
instruxnent dated February 22, 1998", as the "Grantor" therein.
4. Marilyn Kaye Newland hereby relinquishes, quitclaims and waives
any and all rights to any proceeds or benefits under the Original Contract,
except as may be provided by Section 9.12 thereof, to and in favor of
William Edgar Sumtners and Edna Auline Summers, Co-Trustees of The
William Edgar Summers Family Living Trust, under instrument dated
February 22, 1998.
5. Except as expressly amended herein, the Original Contract shall
remain valid and subsisting as originally provided.
Executed and effective this 17� day of July, 2012
ORIGINAL SELLERS:
� �
Marilyn Kay Newland
''
William Edgar Summers, Co-Trustee of The
William Edgar Surnmers Family Living Trust,
under instrument dated February 22, 1998
dna Auline Summers, C-Trustee of The William
Edgar Summers Family Living Trust, under
instrument da.ted February 22, 1998
BUYER:
By:
GE G C. CAMPBELL, ITY ER
ATTEST:
JENN�'ER WALTERS, CITY SECRETARY
:
APPRO'�(TED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �
s:uagal\our documentslcontracts\12�snuuners faxnily trust first amendment.doc