2016-042ORDINANCE NO 2016-042
AN ORDINANCE OF THE CITY OF DENTON APPROVING THE SALE OF 1224 N.
BONNIE BRAE ST., DENTON, DENTON COUNTY, TEXAS ( "PROPERTY "), TO JOSE
ALFREDO RIVAS ( "RIVAS "), AS BUYER, FOR THE PURCHASE PRICE OF ONE
HUNDRED AND SEVENTY FIVE THOUSAND SIX HUNDRED AND NINETY EIGHT
DOLLARS AND EIGHT CENTS ($175,698.08) AS STATED IN THE ONE TO FOUR
FAMILY RESIDENTIAL CONTRACT ( "CONTRACT "); AUTHORIZING THE CITY
MANAGER IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 272.001(k)
TO EXECUTE A DEED TO RIVAS TOGETHER WITH ANY OTHER DOCUMENTS
NECESSARY TO SELL AND CONVEY THE PROPERTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton has acquired numerous property interests on N. Bonnie
Brae St. between W. Oak St. and W. Hickory St. for the relocation and expansion of the Hickory
Substation;
WHEREAS, the landowners and /or tenants who were impacted by the Hickory
Substation relocation and expansion are legally entitled to relocation benefits which includes
comparable replacement housing which is decent, safe and sanitary;
WHEREAS, one of the tenants impacted by the relocation and expansion of the Hickory
Substation, Jose Alfredo Rivas, is legally disabled and requires specific housing needs which
have not been able to be found within the City;
WHEREAS, the City owns residential real property located at 1224 N. Bonnie Brae St.
( "Property ") which will provide comparable replacement housing which is decent, safe and
sanitary for the legally disabled tenant after renovations are made to the same;
WHEREAS, on July 22, 2015 the City's Public Utility Board considered the relocation
issues related to the legally disabled tenant and unanimously recommended to the City Council
that renovations be made to 1224 N. Bonnie Brae St. in order to provide comparable replacement
housing which is decent, safe and sanitary;
WHEREAS, on September 1, 2015, the City Council approved that renovations be made
to the Property in order to provide Rivas with comparable replacement housing which is decent,
safe and sanitary (Ordinance No. 2015 -257);
WHEREAS, the renovations to the Property have been completed and that the Property
provides Rivas comparable replacement housing which is decent, safe and sanitary;
WHEREAS, Rivas has made an offer to purchase the Property from the City for
$$175,698.08;
WHEREAS, it is in the best interest of the City to sell the Property to Rivas; and
WHEREAS, the City, under Local Government Code, Section 272.001(k), has passed a
resolution stating the conditions and circumstances for the sale of the Property directly to Rivas
and the public purpose achieved by said sale; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is authorized (a) to execute on behalf
of the City (i) the One to Four Family Residential Contract ( "Contract "), between the City and
Rivas, in the form attached as Exhibit "1" and made a part hereof, with a purchase price of
$175,698.08, plus costs and expenses, all as stated in the Contract; and (ii) any other documents
necessary for closing the transaction contemplated by the Contract, including, but not limited to
executing a Special Warranty Deed, in the form attached as Exhibit "A" to the Contract which
contains a reservation of an electric transmission, distribution and communication easement,
conveying the Property to Buyer; (b) accept payment from Buyer; and, (c) to make expenditures
in accordance with the terms of the Contract.
SECTION 2. The findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION. 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the & .... da of
y 2016.
l IS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
EXHIBIT "All
4-28,m2014
112t PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) ONE
CCU" 1901140 TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE)
'000muft"'t NOTICE: Not For Use For Condominium Transactions
The City of Denton
X. PARTIES: The parties to this contract are (Buyer).
Ri from Seiler the Property defined
(Seiler) and Jqqe .6111edO 111vA1-_ s to buy
a buyer and Buy _era
agrees to sell and convey to
below, iy referred to as the "Property".
2. PROPERTY*- The land, improvements and accessories are collective
A. LAND' Lot .. . Block-----, if Derlion
City of Drnton ,County 0 -
Addition, 5�e_d d --------
Texas, known as-4 11-hq attached _asF_,i_U11_t0AL
B, IMPROVEMENTS-. The house, gar age and all other fixtures and fold im wing erne mants natently tached installed
to the
above-described real property, including without limitation, the per'
Ipment and appliances, valances, screens, shutters, awnings,
and built-in items, If any' all eQu fans, mail boxes, television antennas, mounts
wall-to-wall carpeting, mirrors, ceiling fans, attic ts, security and fire
and brackets for televisions and speakers, beating and air-conditioning uni
detection equipment, wiring, plumbing and lighting fixtures, chandeliers, water softener system,
kitchen equipment, garage door openers, cleaning equipment, shrubbery', landscaping, outdoor
cooking equipment, and all other property owned by Seller and attached to the above described
real property. if any, window air conditioning units,
C. ACCESSORIES: The following described related accessories,
stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, door keys,
x keys, above ground pool, swiluming pool equipment and maintenance accessories,
mallbo , (11) entry gates, and (111), other
artificial fireplace togs, and controls for, (1) garage doors
improvements and accessories.
D. EXCLUSIONS' The following improvements and accessories will be retained by seller and rnust
be removed prior to dellvery of possession.
3. SALES PRICE:
A. Cash portion of Sales Price payable by, Buyer at closi rig . ....................
B. Sum or all financing described below (excluding any 10011 funding
fee or mortgage insurance prerniurn) ....................... ....................
c. Sales Price (Sum of A and B) ... .................. ............ - ........ ...... ........ -
4. FINANCING (Not for use with reverse mortgage financing): The portion of Sales Price riot
payable In cash will be paid as follows: (Check applicable boxes below)
U A.THIRD PARTY FINANCING* One or more third party mortgage loans in tile total amount of
$ (excluding any loan funding fee or mortgage insurance premium).
(1) Property Approval: If the property does not satisfy the lenders' underwriting requirements, for
the loan(s) (Including, but not limited to appraisal, Insurability and lender required repairs),
Buyer may terminate this contract by giving notice to Seller prior to closing and the earnest
money will be refunded to Buyer.
(2) Credit Approval: (Check one box only) pproved for the financing described in tile attached
Ell (a) This contract Is subject to Buyer being a
Third Party Financing Addendum for Credit Approval.
C1 (b) This contract is not subject to Buyer being approved for financing and does not involve FHA
or VA financing.
❑ B. ASSUMPTION: The assumption of the unpaid principal balance of one or more prorr15sory notes
described in the attached TREC Loan Assumption Addendum.
❑ C. SELLER FINANCING: A promissory note from Buyer to Seller of $__._, secured by
vendor's and deed of trust liens, and containing the terms and conditions described in the attached
TREC Seller Financing Addendum. If an owner policy of title insurance Is furnished, Buyer shall
furnish Seller with a mortgagee policy of title Insurance.
dL =)eiter's exoense I
Contract Concerning 1224 N. Bonnie Brae Page 2 of 9 4 -28 -2014
(Address of Property)
S. EARNEST MONEY: Upon execution of this contract by all parties, Buyer shall deposit
as earnest money with g a , as escrow
agent, at n1a (address). Buyer
shall:, deposit additional earnest money of Din with escrow agent within
.days after the effective date of this contract. If Buyer falls to deposit the earnest money as
required by this contract, Buyer will be in default.
6. TITLE POLICY AND SURVEY:
A. TITLE POLICY: Seller shall furnish to Bu �rer a Iler "s ❑ Buyer's expense an owner policy
of title insurance (Title Policy) Issued by .eunion T Z, Attn: Rebecca Arnold ("Title
Company) In the amount of the Sales Price, dated at or after closing, Insuring Buyer against .
loss under the provisions of the Title Policy, subject to the promulgated exclusions (Including
existing building and zoning ordinances) and the following exceptions:
(1) Restrictive covenants common to the platted subdivision In which the Property is located.
(2 The standard printed exception for standby fees, taxes and assessments.
(3 Liens created as part of the financing described In Paragraph 4.
(4) Utility easements created by the dedication deed or plat of the subdivision In which the
Property Is located.
(5) Reservations or exceptions otherwise permitted by this contract or as may be approved
by Buyer In writing.
(6 The standard printed exception as to marital rights.
(7' The standard printed exception as to waters, tidelands, beaches, streams, and related
matters.
(8) The standard printed exception as to discrepancies, conflicts, shortages In-area or boundary
lines, encroachments or protrusions, o erlappping improvements: U(I) will not be
amended or delet from t tle policy; i) will be amended to read, "shortages in area°
at the expense: of Buyer Weller.
B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract,
Seller shall furnish to Buyer a commitment for title Insurance (Commitment) and, at Buyer's
expense, legible copies of restrictive covenants and documents evidencing exceptions In the
Commitment (Exception Documents) other than the standard printed exceptions. Seller
authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer
at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are
not delivered to Buyer within the specified time, the time for delivery will be automatically
extended up to 15 days or 3 days before the Closing Date, whichever is earlier. if, due to
factors beyond Seller's control, the Commitment and Exception Documents are not delivered
within the time required, Buyer may terminate this contract and the earnest money will be
refunded to Buyer.
C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to
the Title Company and Buyer's lender(s). (Check one box only)
❑(1)Wlthin days after the effective date of this contract, Seller shall furnish to Buyer
and Title Company Seller's existing survey of the Pro erly and a Residential Real Property
Affidavit romulgated by the Texas Department of nsuran a (T -47 affidavit }, If Seller
falls hall obtain near survey survey or expense Inoi later ll than days prior to, Buyer
ng
Closing
Date. If the existing .survey or affidavit Is not acceptable to Title Company or Buyer's
lender(s), Buyer shall obtain a new survey at ❑Seller's ❑Buyer's expense no later than 3
days prior to Closing Date.
13(2)Within days after the effective date of this contract, Buyer shall obtain a new
survey at Buyers expense. Buyer Is deemed to receive the survey on the date of actual
receipt or0the date specified In this paragraph, whichever is earlier.
C 8) Within days after the effective date of this contract, Seller, at Seller's expense
shall furnish a new survey to Buyer.
D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title:
disclosed on the survey other than Items 6A(1) through (7) above; disclosed In the
Commitment other than Items 6A(1) through (8) above; or which prohibit the following use
or activity: n/a
j p () g y s failure to object w thin the
Buyer must object the earlier of i the Closing Date or It ii da s after Bu er
the Commitment, Exception Doc�rrnents and the survey» a er within the
time allowed will constitute a waiver of uyer's ri lit to object; except that the re ulrements
In Schedule C of the Commitment are not alvedgby Buyer. Provided, Seller Is no � obligated
to incur any expense, Seller sh LQre the timely objections of Buyer or any third party lender
Initialed for identification by Bt& 4and Seller � "�,. °' atkLtb TREC NO. 20 -12
Contract Concerning 1224 N Bonnie Bray Page 3 of 9 4 -28 -2014
(Address of Property)
r M• N•M r C. � wM
M
N N M M r ,„M w. M N N • N 's
M N N M ,, • .N M N 4
S ectionli �20.04 rope e, er tlt es an owner to receive copples of any document that
overns the establishment, maintenance, or operation of a s+ubdi^visin, Including, but not
mited to, restrictions, byi'awwrs rules and regulations, and a resale certificate from a.
�ro�erty owners' association, resale certificate contains Information Including, but not
limited to, statements specifying the amount and frequency of regular assessments and
the style and cause number of lawsuits to which the property owners" association Is a
party, other than lawsuits relating to unpaid ad valorem taxes of an Individual) member of
he assoclation.. These documents must be made available to you by the property owners'
association or the association's agent on your request.
If Buyer Is concerned about tFrese matters, the TREC promulgated Addendum for
Property Subject to Mandatory Membership in a Property owners Associations)
should be used.
(3) STATUTORY TAX DISTRICT'S: If the Property is situated In a utility or other statutorily
created district providing water, sewer, drainage, or flood control facllltles and .services,.
Chapter 49 Texas Water Code re wires Seiler to deliver and Buyer to sign the statutory
notice relating to the tax rate, boned indebtedness, or standby fee of the district prior to
final execution of this contract.
(4) TIDE WATERS: If the Property abuts the tidally Influenced waters of the state, §33.135,
Texas Natural Resources Code, requires a notice regarding coastal area property to be
Included in the contract. An addendum containing the notice promulgated by TREC or
required byy� the artles must be used.
(5) ANNEXATION: Ii the Property Is located outside the limits of a municipality Seller notifies
Buy�er under §5.011, Texas Property Code', that the Property may now or Iaer be Included
in the extraterritorial jurisdiction of a municipalit and may now or later be sub�ect to
annexation by the municipality, Each municipairty maintains a map teat dep cts its
boundaries and extraterritorial jurisdiction. To detennine if the Prope Is located within a
municipality's jurisdiction urisdiction or Is likely to be located wll in a municipality's
extraterritorial ,jurisdiction, contact all municipalities located In the general proximity of
the Property for further information,
(5) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE
PROVIDER: Notice required by §13.257, Water Code: The real property, described in
Paragraph 2, that you are about to purchase may be located In a certificated water or
sewer service area, which Is authorized by law to provide' water or sewer service to the
properties In the certificated area. If your property Is located In a certificated area there
may be special costs or charges that you will be required to pay before you can receive
water or sewer service. There may be a period required to construct lines or other
facilities necessary to provide water or sewer service to your property. You are advised to
determine if the property Is In a certificated area and contact the utility service provider
to determine the cost that you will be required to pay and the period, If any, that is
required to provide water or sewer service to your property. The undersigned Buyer
hereby acknowledges receipt of the foregoing notice at or before the execution of a
binding contract for the purchase of the real property described In Paragraph 2 or, at
closing of purchase of the real property.
Initialed for Identification by Buyer -m and Seller —6E•- ZY1q i TREC NO. 20 -12
Contract Concerning 1224 N. Bonnie Brae Page 4 of 9 4 -28 -2014
(Address of Property)
"" w!� ww � ► w,
M • Y. w..�.w,» ..... w..w.:. w. » ,.,. .. „ •..,w,.. w w w:.
w w • w w� w' w'
w wM � w w �• w . w'� w M w
w w. w ' w ww -w. • _ w w • µ +
w w M M w •rw • w ww^
•. � ww w' w
ww' ••,. w w w w w w
w, '► •w w w .w w " w;M »wM
• , .w °w w M 1 ww- .MM � w w
w "m Mww1f w "M R M 1"m I m =01 a Me 1111 ".w a OITA R rzw, i To I I [As opm I wgs
• „ • w
M •:w �. i. -.w w. aµ ww'.. w w ► w w.
. w M..: � .. �, w , ..w w •: � w. » . w.. w w r' w. •
•w w M M
r ww •
., • ,� w � w w w. M " W. •
Iw w mw, .w w • w. w. ww
� • • • • � • w + w w w " w
w w w » � M • ww
w Mw w
.w • w :
:, M .w •,,wM w w f Pff4j • • • w
• • M_ * • w w w • w
• � • w . �' '" p • a w • w w
w w rw .M, w w' •, • w R w ,w .w
.w
rb' . w w w #,r w • w, w w w'' w
w.
• a � w' w A w w w
w w w w w w w r w
w w,
Initialed for Identification by Buyer-499--'Zinjil and Seller L- t TREC NO. 20 -12
Contract Concerning 11 TI A XT D o n.e rge f"9e 5 of 9 4 -28 -2014
(Address of Property)
Property. If Buyer Is concerned about these matters, an addendum promulgated by TREC or
required by the parties should be used.
H. RESIDENTIAL, SERVICE CONTRACTS. Buyer may purchase a residential service contract
from a residential service company licensed by TREC. If Buyer purchases a residential
service contract, Seller shall reimburse Buyer at closing for the cost of the residential
service contract in an amount not exceeding $ n/a . Buyer should review any
residential service contract for the scope of coverage, exclusions and limitations. The
purchase of a residential service contract Is optional. Similar coverage may be
purchased from various companies authorized to do business in Texas.
S. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in
separate written agreements.
9. CLOSING:
A. The closing of the sale will be on or before Aril i , 0 or within
das after objections made under Paragraph ENS have been cured or waived, whichever date
i
Is ater (Closing mate). If either party falls to close the sale by the Closing Date, the non-
defaulting party may exercise the remedies contained In Paragraph 15.
B. At closing:
(1) Seller shall execute and deliver a general warranty deed conveyin title to the Pro erty
to Bu er and showing no additional exceptions to those perrnitte in Paragraph and
furnish tax statements or certificates showing no delinquent taxes on the Property.
( Buyer shall pay the Sales Price in good funds acceptable to the escrow agent.
( Seller and Buyer shall execute and deliver any notices, statements, certificates,
affidavits releases, loan documents and other documents reasonably required for the
closing of the sale and the Issuance of the Title Policy.
(4) There will be no liens, assessments, or security Interests against the Proper
which will
not be satisfied out of the sales proceeds unless securing the payment any loans
assumed by Buyer and assumed loans will not be in default.
(5)If the Property is subject to a residential lease, Seller shall transfer security deposits (as
defined under §92.102, Property Code), If any, to Buyer. In such an event, Buyer shall
deliver to the tenant a signed statement acknowledging that the Buyer has received the
security deposit and Is responsible for the return of the security deposit, and specifying
the enact dollar amount of the security deposit.
10.1130SSESSION:
A Buyer's Possession: Seller shall deliver to Buyer possession of the Pape In Its present or
required condition, ordinary wear and tear excepted: pon cloy ng and funding
❑according to a temporary residential lease form promulgated by TREC or other written
lease required by the parties. Any possession by Buyer prior to closing or by Seller after
closing which is not authorized by a written lease will establish a tenancy at sufferance
relationship between the parties. Consult your insurance agent prior to change of
ownership and possession because Insurance coverage may be limited or
terminated. The absence of a written lease or appropriate insurance coverage may
expose the parties to economic loss.
B. Leases:
(1)After the Effective gate, Seller may not execute any lease (including but not limited to
mineral leases) or convey any Interest in the Property without Buyer's written consent.
(2) If the Property Is subject to any Pease to which Seller is a party, Seller shall deliver to
Buyer copies of the lease(s) and any move -in condition form signed by the tenant
within 7 da s alter the Effective Date of the contract.
11. SPECIAL. PROWSIONS: (Insert only factual statements and business details applicable to
the sale. TREC rules prohibit licensees from adding factual statements or business details for
which a contract addendum, lease or other farm has been promulgated by TREC for mandatory
use.)
See special provisions addendum.
12. SETTLEMENT AND OTHER EXPENSES:
A. The following expenses must be paid at or prior to closing:
(1) E x enses payable by Seller (Seller's Exp,penses):
(,Releases of existing liens Including prepayment penalties and recordin fees;
release of Seller's loan liablli , tax s atements or certificates; preparation o deed;
one -half of escrow fee; and o %er expenses pa able by Seller under this contract.
(b) Seller shall also pay an amount not to exceed to be applied In the
Initiated for identification by Buyer and Seller ' "' / TREC NO. 20 -12
contract Conceiving 1 224 N. Ronnie Brae Page 6 of 9 4-0R -7(114
(Addrm of fmroPeW )
. N N N r N. w: N• N M w'.. w N
w M
wN M "N w Ntl• M«
N N
w m ro
ro i
-
w m » y ww
»
reror w -
N .
w w -
w w a w
w
x
" »
ro N � W w :w� •M w m �
w w
w
ki
M'
» w N M a y M y w e M
.M ro N w -
" til
w w rg r-TA
y w w r w' M ro N w w
^« M
- ro » N I • ro w" a w W ° m
N w M
►, w w
N
N'-
M
Initialed for Identlflcation by Buye( n'd Seller ��2 �� k TREC NO. 20 -12
Contract Concerning 1224 N Ronnie Eme Page 7 of 9 4 -28 -2014
(Address of Property)
the release and deliver same to the escrow agent. If either, party fails to execute the
release, either party may make a written demand to the escrow agent for the earnest
money. If only one party makes written demand for the earnest money, escrow agent shall
promptly provide a copy of the demand to the other party. If escrow agent does not
receive written objection to the demand from the other party within 15 days, escrow ,agent
may disburse the earnest moneyy to the party making demand reduced by the amount of
unpaid expenses Incurred on b2alf of the party receiving the earnest money and escrow
agent may pay the same to the creditors. If escrow agent complies with the provisions of
this paragraph, each party hereby releases escrow agent from all adverse claims related to
the disbursal of the earnest money.
D. DAMAGES: Any party who wrongfully falls or refuses to sign a release acceptable to the
escrow ag ent within days of receipt of the request will be liable to the other party for
Ilquidate I damages In an amount equal to the sum of: (1) three times the amount of the
earnest money; (ii) the earnest money; (iii) reasonable attorney's fees; and (Iv) all costs of
suit.
E. NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph
21. Notice of objection to the demand will be deemed effective upon receipt by escrow
agent.
19. REPRESENTATIONS: All covenants representations and warranties in this contract survive
closing.. If any representation of Seller in this contract Is untrue on the Closing Date, Seller
will be in default. Unless expressly prohibited by written agreement, Seller may continue to
show the Property and receive, negotiate and accept back up offers.
20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by applicable
law, or If Seller falls to deliver an affidavit to Buyer that Seller is not a "foreign person," then
Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable
tax law and deliver the same to the Internal Revenue Service together with appropriate tax
forms. Internal Revenue Service regulations require filing written reports if currency in
excess of specified amounts is received in the transaction.
21. NOTICES: All notices from one party to the other must be in writing and are effective when
malled to, hand - delivered at, or transmitted by facsimile or electronic transmission as
follows:
To Buyer at: do Ruth Brock To Seller at: do tarry Collister
4325 Windsor Centre Trail, Ste. 100 Flower Mound, TX 75028 215 E. McKinn , Denton, Texas 76201
Telephone: ( 972 ) 353 -3400 Telephone: ( 940 349.8198
Facsimile: Facsimile:
E -mail: brock@brocklegal.com E -mail: lar .collister@ci ofdenton.com
22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and
cannot be changed except by their written agreement. Addenda which are a part of this
contract are (Check all applicable boxes):
❑ Third Party Financing Addendum for Credit ❑ Environmental Assessment Threatened or
Approval Endangered Species and Wetlands
Addendum
❑ Seller Financing (Addendum
❑ Mandatory Membership inua Prrooperty
Owners Association
❑ Buyer's Temporary Residential Lease
❑ Loan Assumption Addendum
❑ Addendum for Sale of Other Property by
Buyer
❑ Addendum for Reservation of Oil, Gas
and Other Minerals
❑ Addendum for "Back -Up" 0
❑ Addendum for Coastal Area
❑ Seller's Temporary Residential Lease
❑ Short Sale Addendum
❑ Addendum for Property Located Seaward
of the Gulf Intracoastal Waterway
❑ Addendum for Selle Disclosure of
Information on Leaeased Paint and Lead -
based paint Hazards as Required by
FederaN Later
❑ Addendum for Property In a Propane Gas
System Service Area
W Other�llst'): e lal Provisions Addendum,
i W4 arran Deed, , x i it A
Initialed for Identification by Sayer. and Seller ? TREC NO. 20 -12
Buyer's Sellers
Attomey is: Ruth Brock Attomey is:
4325 Windsor Centre Trail, Ste. 100, Flower Mound, TX 75028
Telephone: 972 353 -3400
Facsimile:
E -mail: broc k0brockle¢al.cont
EXECUTED the �L-/I_I_a of,
(BROKER: FILL IN THE DATE
Telephone:
Facsimile:
E -mail:
ell'er
Seller
,20.L6__ (EFFECTIVE DATE).
)
The form of this tart Tact has been approved by the Texas heal Estate Cororolsslan. TREC farms are intended for use only by trained reel estate
licensees. No representation is made as to the legal vall ty or adequacy of any provision In any specdfic transactlons, it Is not Intended for
complex transactlans. Texas Real estate Crrnntlsslon, P.O. Box 12108, +Beason,, TX 79711 - 1.88, i5121 936-3000 (http://www.Oec.texas-gov)
TRec NO. 0.12. ",ills worms replaces TAC-C NM 20 -11.
TREC N0, 20 -12
Contract Concerning 1224 N. Bonnie Brae page 9 of g 4-28-2014
( Addrms of PramtY)
BROKER INFORMATION
(Print name(s) only. Do not sign)
n/a
Other Broker Firm License No.
represents ❑ Buyer only as Buyer's agent
❑ Seller as Listing Broker's subagent
Name of Associate's licensed Supervisor Telephone
Associate's Name Telephone
Other Broker's Address Facsimile
City State Zip
Assoclafei7tinall Address
nla
Listing Bro ker Firm License No.
represents ❑ Sefler and Buyer as an Intermediary
❑ Seller only as Seger's agent
Selling date's Email Ad'dre%
Usting Broker has agreed to pay Other Broker_ of the total sales price when the Usting Broker's
fee is received. Escrow agent is authorized and directed to pay other Broker from Usting Broker's fee at dosing.
OPTION FEE RECEIPT
Receipt of _ (Option Fee) In the Porm of is acknowledged.
Seller or Usting Broker Date
CONTRACT AND EARNEST MONEY RECEIPT
I KkC. NU. ZU-iz
ADDENDUM TO ONE O FOUR FAMILY RESIDENTWI CONTRACT SOLO WAGE
WAS
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
Date: Effective the date signed by Grantor
Grantor: City of Denton, a Texas home -rule municipal corporation
Grantor's Mailing Address:
215 E. McKinney St.
Denton, Texas 76201
Grantee: Jose Alfredo Rivas
Grantee's Mailing Address:
1224 N. Bonnie Brae
Denton, Texas 76201
Consideration: TEN DOLLARS ($10) cash and other good and valuable consideration, the receipt of
which is hereby acknowledged, and for which no lien, expressed or implied, is retained in
this deed.
Property (including any improvements):
See Exhibit "A" attached and made a part of this Deed for all purposes.
Reservations from Conveyance:
1. Electric Transmission, Distribution and Communication Easement: For Grantor and
Grantor's successors, and assigns forever, a reservation of a free and perpetual easement
to erect, operate, maintain and service thereon one or more underground and/or above
ground electric transmission power, electric distribution power and/or communication
lines, each consisting of a variable number of wires and cables, along with all necessary,
convenient or desirable appurtenances, attachments and supporting structures, including
without limitation, foundations, guy wires and guy anchorages, and structural components
(collectively referred to herein as the "Facilities ") in, on, over, under and across the land
described in this paragraph and located on the Property. This easement is described in the
attached Exhibit "B -1" and depicted in the attached Exhibit `B -2" ( "Electric Transmission,
Distribution and Communication Easement "). This Electric Transmission, Distribution and
Communication Easement is appurtenant to and runs with the Property. Improvement and
maintenance of Electric Transmission, Distribution and Communication Easement will be
at the sole expense of the holder of the easement. The holder has the right to eliminate any
encroachments into Electric Transmission, Distribution and Communication Easement.
The holder of the easement will maintain Electric Transmission, Distribution and
Communication Easement in a neat and clean condition. Grantee and Grantee's successors
Page 1 of 4 — Special Warranty Deed
and assigns have the right to use the surface of Electric Transmission, Distribution and
Communication Easement for unimpeded and ungated pedestrian and vehicular ingress,
egress and regress in, on and over the area noted as "concrete driveway" on Exhibit B -2"
attached to this Deed, and for all other purposes that do not unreasonably interfere with or
interrupt the use of the easement. Grantor shall have the right of ingress, egress and regress
in, on, over, under and across the Electric Transmission, Distribution and Communication
Easement for the purposes of, and right to, construct, maintain, operate, improve,
reconstruct, or reduce the size and capacity, repair, relocate, inspect, patrol, maintain,
remove or replace such Facilities within the Electric Transmission, Distribution and
Communication Easement as Grantor may from time to time find necessary, convenient or
desirable, along with all rights necessary or convenient for full use and enjoyment of the
above grant, including access over, across and upon the Electric Transmission, Distribution
and Communication Easement. Grantor shall have the right to trim or remove trees or
shrubbery within said Electric Transmission, Distribution and Communication Easement,
to the extent, in the sole judgment of Grantor, necessary or desirable to prevent possible
interference with the efficiency, safety and/or convenient operation of the Facilities or to
remove possible efficiency, safety or operational hazards thereto. Grantee shall not make
significant changes, which violate then current governmental, regulatory or administrative
laws, in grade, elevation or contour of the Electric Transmission, Distribution and
Communication Easement or impound water within, over and/or across the Electric
Transmission, Distribution and Communication Easement without prior written consent of
Grantor. Grantor, at Grantor's sole cost and expense, shall have the right to install gates in
existing or future fences built by Grantee within such Electric Transmission, Distribution
and Communication Easement; provided however, that such gates or fences do not impede
pedestrian or vehicular access to the Property at that area of the Property which is currently
a concrete drive, and is so reflected on Exhibit B -2 attached to this Deed.
Exceptions to Conveyance:
Liens described as part of the Consideration and any other liens described in this deed as being
either assumed or subject to which title is taken; validly existing easements, rights -of -way, and
prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions,
reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests
outstanding in persons other than Grantor, and other instruments, other than conveyances of the
surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls
and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or
boundary lines; any encroachments or overlapping of improvements; and taxes for 2015, which
Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to
change in land usage, ownership, or both, the payment of which Grantee assumes.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular
the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's
heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant
and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns
against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim
is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty.
Page 2 of 4 — Special Warranty Deed
GRANTOR:
CITY OF DENTON,
A Texas home -rule municipal corporation
George C. Campbell, City anager
ATTEST:
Je nifer Walters
City Secretary
APPROVED AS TO FORM:
Anita Burgess, City Attorney
Acknowledement
State of Texas §
Denton County §
This instrument was acknowledged before me on the /�-Y`dday of 4e , 2016, by George
C. Campbell, City Manager of the City of Denton, Texas, a Texas home -rule n nicipal corporation, on
behalf of said home -rule municipal corporation.
h.
ICHA RJ C)S O; N
.
k nC
7T Y PU LIC -5O A )F NC Rr
E XP r ..
rf 4rOF Wb.
e
NOT Ry I
O.
Page 3 of 4 — Special Warranty Deed
Odw,P t
No ary P_ ublic, State of Texas
GRANTEE'S ACCEPTANCE OF DEED
Joe Rivas, Grantee, accepts this Special Warranty Deed and consents to its form and substance.
Grantee acknowledges that the terms of this deed conform with Grantee's intent and that the will control in
the event of any conflict with the contract Grantee signed regarding the Property described in this deed.
Jose Alfredo Rivas, Grantee
Acknowledgment
State of Texas §
Denton County §
This instrument was acknowledged before me on the day of , 2016, by Jose
Alfredo Rivas.
Notary Public, State of Texas
After recording, return to:
Jose Alfredo Rivas
1224 N. Bonnie Brae
Denton, Texas 76201
Page 4 of 4 — Special Warranty Deed
EXHIBIT "A"
TO
SPECIAL WARRANTY DEED
LEGAL DESCRIPTION
BEING a 0 272 acre tract of land situated In the R. Beaumont Survey, Abstract No. 31, City of Denton,
Denton County, Texas, and being known as that tract of land described In a Deed to Linda Made Caslas,
as recorded in Volume 1154, Page 671 of the Deed Records of Denton County, Texas, and being, more
particularly described as follows:
BEGINNING at a 112 Inch Iron rod found for comer In the East line of Bonnie Brae Street (a variable width
dpht-cf ray), said point being the Southwest comer of the above cited Caslas tract of land;
THENCE North 00 °53'49" East along the East One of sold Bonnie Brae Street, for a distance of 90.94 feet
to a 1 Inch rod (bent) found for comer in the South line of Emery Drive, a called 60' wide Street and
Drainage Easement described as Tract V per document recorded In Volume 408, Page 33 of the Deed
Records of Denton County, Texas,
THENCE South 89°38'56" East along the South One of said Emery Drive, for a distance of 130.44 feet to
a 0 Inch Iron rod with cap stamped ?NP" set for comer at the Northeast comer of said Caslas tract,
said point also being In the West One of Block F per the revised plat of Bellemead Subdivision, Thins
Section, as recorded In Cabinet A, Page 192 of the plat Records of Denton County, Texas;
THENCE South 00°21'04" West along the East One of said Caslas tract and the West line of said Block F.
for a distance of 90.24 feet to a 5/8 Inch Iron rod found for comer at the Southeast comer of same, said
point also recorded in Cabinet K, PagNortheast 78 of the Plat 1.
ecords of Denton a unty, Plat s; Wlndsar Hall Addition, as
County, Texas;
THENCE North 89 °57'1T West along the South line of said Caslas tract and the North One of said Lot 1.
passing the Northwest comer of said Lot 1 at a distance of 110.41 feet„ and continuing along the South
One of sald Caslas tract for a total distance of 131.31 feet to the POINT OF BEGINNING, and containing
0.272 acres of land, more or less.
EXHIBIT B -1
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING a 0.081 acre tract of land situated in the R. Beaumont Survey, Abstract No. 31, City of
Denton, Denton County, Texas, and being part of a 0.272 acre tract of land described in a
Deed to the City of Denton, Texas, as recorded in Document No. 2015 -35575 of the Official
Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 112 inch iron rod found for comer in the East line of Bonnie Brae Street (a
variable width right -of -way), said point being the Southwest comer of the above cited 0.272
acre tract
THENCE North 00 05349" East along the East line of said Bonnie Brae Street, for a distance
of 90.94 feet to a 1 inch rod (bent) found for comer in the South line of Emery Drive, a called
60' wide Street and Drainage Easement described as Tract V per document recorded in
Volume 408, Page 33 of the Deed Records of Denton County, Texas,
THENCE South 89 038'56" East along the South line of said Emery Drive, for a distance of
40.39 feet to a point for comer.
THENCE South 02 042'02" West departing the South line of said Emery Drive, for a distance
of 90.81 feet to a point for comer in the South One of said 0.272 we tract and the North fine
of Lot 1, Block A per the Final Plat of Windsor Hall Addition, as recorded in Cabinet K, Page
379 of the Plat Records of Denton County, Texas;
THENCE Noah 8905T17" West along the South line of said 0.272 acre tract and the North
fine of said Lot 1, passing the Northwest comer of said Lot 1 at a distance of 25.03 feet and
continuing along the South line of said 0.272 acre tract for a total distance of 37.53 feet to the
POINT OF BEGINNING, and containing 0.081 acres of land, more or less.
Notim
1. 8earfogs are referenced to Grid North of the Texas C000mfe system of 1993, North Central Zone No.
4202
Z M easement exhibit of even defy herewith ecoorrrpanles fhls legal description. See Sheet 2
940 - 383-4177
Date: October 28, 2015
T.B.P.L.S. Firm No. 10011601
SHEEr10F2
0 30 60
SCALE- 1'=30'
EMERY STREET
160'KIDE STREET AND DRAT AGE EStjr.
TRACT V- VOL, 400 PG. 33- DAD.C.1.)
CO.YcHrJIIPAV6M5UT
il
Norr-s:
37
AIPCLINP. 510.7!
VALVE
1I N
CS
O
O
O
co
WIRF
(CLQ
floarlplos of Nqe� Owen heux1g) Ato reforcricecl to CAJ NOW) of lhe Texas Coordhate Systcm of 1933 (Noah h Control
7ono; NADDI(CORS95) Epodl, 7,002,00) a3� df,&W PXWy kom V!�Wterrr Data SyMerns Continuously Operating
Wlferoume 8QI1W4 (CORS) War Nerd TIme WolemIN (r4jiq nja1hrx" lilt dj«Aonccj 94m%ii haroon represent udoco
VAN41Z uIrk6rilp ;:Ili Averlglj U4111IMMWl Fac(oi of 1,0WIS0R 30
This Exhibit Vnis prepared with bonefiri of that certain Title Commitment. GF No. 146517%j(h effective data of
rabnamy 1, 2015, provided by TrIki Rosources Guaranty Company. Forensements, rvihis-of•way wWror Other
matters of record that may affect this tract. the Surveyor retied solely on sald Title Commitment
league mall & perkins
1311 Q.". PI... DA-.5.b.320
0.0.& T... , 76205
940.333,4177 Ph 940,333.5376 f.
LB.P.1-S. Fl— U0. 1001101
DIRI
LLI
>
LLI
0
0 30 60
SCALE- 1'=30'
EMERY STREET
160'KIDE STREET AND DRAT AGE EStjr.
TRACT V- VOL, 400 PG. 33- DAD.C.1.)
CO.YcHrJIIPAV6M5UT
il
Norr-s:
37
AIPCLINP. 510.7!
VALVE
1I N
CS
O
O
O
co
WIRF
(CLQ
floarlplos of Nqe� Owen heux1g) Ato reforcricecl to CAJ NOW) of lhe Texas Coordhate Systcm of 1933 (Noah h Control
7ono; NADDI(CORS95) Epodl, 7,002,00) a3� df,&W PXWy kom V!�Wterrr Data SyMerns Continuously Operating
Wlferoume 8QI1W4 (CORS) War Nerd TIme WolemIN (r4jiq nja1hrx" lilt dj«Aonccj 94m%ii haroon represent udoco
VAN41Z uIrk6rilp ;:Ili Averlglj U4111IMMWl Fac(oi of 1,0WIS0R 30
This Exhibit Vnis prepared with bonefiri of that certain Title Commitment. GF No. 146517%j(h effective data of
rabnamy 1, 2015, provided by TrIki Rosources Guaranty Company. Forensements, rvihis-of•way wWror Other
matters of record that may affect this tract. the Surveyor retied solely on sald Title Commitment
league mall & perkins
1311 Q.". PI... DA-.5.b.320
0.0.& T... , 76205
940.333,4177 Ph 940,333.5376 f.
LB.P.1-S. Fl— U0. 1001101
DIRI