Loading...
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