Loading...
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