Mission Hill Estates (901 Mission Drive), 2017 - Contract of Sale CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS CONTRACT OF SALE is made by and between Lien-I Wang and Tzu-Jui Tang
of Tarrant County Texas. (referred to in this Contract as "Seller") and the City of Southlake, a
home rule municipal corporation in Tarrant County, Texas, (referred to in this Contract as
"Purchaser").
ARTICLE I. PURCHASE AND SALE
By this Contract. Seller sells and agrees to convey. and Purchaser purchases and agrees to
pay for, a tract of land situated in Tarrant County, Texas, which is more particularly described as
follows:
a 112 square foot, more or less parcel of land located in the
WILLIAM H. HALL SURVEY, Abstract No. 687, in the City of
Southlake, Tarrant County, Texas, and being more particularly
described by metes and bounds in Exhibit "A", attached hereto and
incorporated herein for all purposes, and being more particularly
shown on a survey drawing marked Exhibit "B", attached hereto
and incorporated herein for all purposes
together with all and singular the rights and appurtenances pertaining thereto, including any
right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real
property, rights, and appurtenances being referred to in this Contact as the "Property"), together
with any improvements and fixtures. situated on and attached to the Property.
For no additional consideration, Seller further agrees to grant to Purchaser a two (2) year
Temporary Construction Easement (Screen Wall) which shall be ten feet wide, adjacent and
parallel to and east of the western property line of the Propertas shown on Exhibit "D" attached
hereto, which Temporary Construction Easement shall be in the form shown on Exhibit "E"
which is attached hereto. Seller further agrees to grant to Purchaser a Permanent Wall Easement
which shall be approximately 537 square feet as more particularly described in Exhibit "F" and
shown on Exhibit"G" attached hereto. This Contract is made for the consideration and upon and
subject to the terms, provisions, and conditions set forth below.
ARTICLE II. PURCHASE PRICE
The purchase price for the Property shall be THIRTEEN THOUSAND TWO
HUNDRED NINETY-NINE AND 00/100 DOLLARS ($13,299.00) cash for the right of way,
permanent wall easement and temporary construction easement.
ARTICLE III. PURCHASER'S RIGHTS AND OBLIGATIONS
3.01 Preliminary Title Report. Within twenty (20) days after the date hereof, Seller,
at Purchaser's sole cost and expense, shall have the Title Company issue a preliminary title
report (the "Title Report") accompanied by copies of all recorded documents relating to
easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice
on or before the expiration of ten (10) days after Purchaser receives the Title Report that the
condition of title as set forth in the title binder is or is not satisfactory, and in the event Purchaser
states that any conditions are not satisfactory, Seller shall promptly undertake to eliminate or
modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller
chooses not to do so or is unable to do so within twenty (20) days after receipt of written notice,
this Contract shall thereupon be null and void for all purposes. If written notice is not received by
Seller within the 20 day period, all conditions shall be deemed to be acceptable and any
objection thereto shall be deemed to have been waived for all purposes.
3.02 Survey. Attached as Exhibit "B" is a copy of the survey that Purchaser caused to
be prepared for Property.
3.03 New Surveys and Tests. Within ten (10) days after the date of execution, Seller
shall provide to Purchaser a copy of any environmental site assessment that Seller has caused to
be prepared for the Property, or that Seller has received. Within 20 (twenty) days after the date
of execution, Purchaser is granted the right to conduct an en\ironmental and engineering survey
and feasibility study of the Property at Purchaser's sole cost and expense, and in this connection
Purchaser or Purchaser's designated agents may enter upon the Property for purposes of soil
analysis, core drilling, or other tests which may be deemed necessary to Purchaser or Purchaser's
engineer. If Purchaser determines. in Purchaser's sole judgment, that the Property is not suitable
for the intended purposes, then and in this event, Purchaser may, on written notice to Seller
within twenty (20) days after receipt of survey, terminate this Contract and it shall be null and
void for all purposes. If the written notice is not received within this twenty (20) day period, the
condition shall be deemed to be acceptable and any objection thereto shall be deemed to have
been waived for all purposes.
3.04 Property Condition. Within twenty (20) days after the date of execution,
Purchaser may have the property and facilities inspected by an inspector permitted by law to
make such inspections. Seller shall permit access to the property at reasonable times for
inspection, repairs, and treatment and for re-inspection after repairs and treatment have been
completed.
Purchaser will have twenty (20) days after receipt of the inspection report to review and
approve same. In the event any portion of the inspection report is unacceptable to Purchaser,
then Purchaser shall, within the twenty (20) day period, give Seller written notice of this fact.
Unless otherwise agreed by Seller and Purchaser, Seller shall, complete all agreed repairs and
treatment prior to the Closing Date. If Seller fails to complete any agreed repairs and treatment
prior to Closing Date, Purchaser may terminate this Contract and the Contract shall thereupon be
null and void for all purposes. Purchaser's failure to give Seller this written notice shall be
deemed to be Purchaser's acceptance of the property in its current condition.
ARTICLE IV. REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows, which representations and
warranties shall be deemed made by Seller to Purchaser also as of the Closing Date:
(1) Seller is the sole owner of the Property and has the right and ability to convey
good and marketable title in fee simple to the Property to Purchaser without the
approval or participation of any other person and free and clear of any and all
liens, encumbrances, conditions, assessments and restrictions.
(2) During Seller's ownership of the Property (1) no excavation of the
Property occurred, (2) no landfill was deposited on or taken from the Property, (3)
no construction debris or other debris (including, without limitation, rocks,
stumps, and concrete) was buried upon the Property, and (4) no toxic waste or
"hazardous substances" as that term is defined in the Comprehensive
Environmental Response, Compensation and Liability Act of 1988, or petroleum
products and derivatives thereof. were deposited on the Property. Seller further
represents and warrants that, to the best of his knowledge, none of the foregoing
occurred on the Property prior to Seller's ownership of the Property.
(3) That there are no real estate brokars'. agents' or finders' fees or
commissions due arising in connection with the execution of this Contract or from
the consummation of the sale contemplated herein.
ARTICLE V. CLOSING
5.01 Closing Date. The closing shall be held on , 2017, at the
Title Company (which date is herein referred to as the "Closing Date").
5.02 Conditions at Closing. The closing and Purchaser's obligations under this
Agreement to purchase the Property are expressly conditioned on:
(1) Seller's delivery to Purchaser a duly executed and acknowledged Deed in the
form attached hereto as Exhibit "C" conveying to Purchaser a permanent right of
way on the Property, free and clear of any and all liens, encumbrances,
conditions, assessments, and restrictions other than as provided in this Contract.
(2) Delivery to Purchaser, at Purchaser's sole expense, of a Texas Owner's Title
Policy, issued by the Title Company in the full amount of the purchase price,
insuring Purchaser's permanent right-of-way cn the Property, subject only to those
title exceptions listed in this Article III, if any, such other exceptions as may be
approved in writing by Purchaser, and the standard printed exceptions contained
in the usual form of Texas Owner's Title Policy, provided, however:
(a) The boundary and survey exceptions shall be deleted;
(b) The exception as to restrictive covenants shall be endorsed "None of
Record"; and
(c) The exception as to the lien for taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Payable."
(3) Seller's execution of such documents and instruments reasonably requested by the
title company to consummate the transactions contemplated herein.
(4) Delivery to Purchaser of possession of the Property.
5.03 Failure of Conditions. Should any of the conditions specified in Paragraph 5.02
of this Contract fail to occur within twenty (20) days after the establishment of Closing as
provided in Paragraph 6.01 of this Contract, Purchaser shall have the power, exercisable by
written notice to Seller, to cancel the closing, terminate this Contract, and recover any amounts
paid by Purchaser to Seller or to the Title Company on account of the purchase price of the
Property. The exercise of this power by Purchaser shall not. however, constitute a waiver of any
other rights Purchaser may have against Seller for breach of this Agreement. The Title Company
(Escrow Agent) shall be and is hereby irrevocably instructed by Seller on any such failure of
condition and receipt of such notice from Purchaser by it to ;,mediately refund to Purchaser all
monies and instruments deposited b:k Purchaser pursuant to this Contract.
5.04 Prorations. Any assessments against the Property as of the Closing Date shall be
paid by Seller on or before the closing. General real estate taxes for the then current year
relating to the Property, interest on any existing indebtedness. and rents if any, shall be prorated
as of the closing date and shall be adjusted in cash at the closing. In the event any roll back or
other deferred taxes exist which are retroactive to the period of Seller's ownership of the
Property or any time prior thereto pursuant to a change in zoning, use, ownership or otherwise,
such retroactive taxes shall remain the obligation of Seller This provision shall survive the
closing.
5.05 Closing Costs. All costs and expenses of closing in consummating the sale and
purchase of the Property shall be borne and paid by the Purchaser with the exception of the
Seller's prorated taxes in 5.04 and attorney's fees incurred by the Seller shall be paid by the
Seller.
ARTICLE VI., REAL ESTATE COMMISSIONS
Seller shall pay, at Seller's sole cost and expense, any commissions or brokerage fees
associated with this Contract which are owed by Seller. Seller agrees to indemnify and hold
the City harmless from claims made by any person for any such fees, commission or like
compensation claiming to have dealt with the Seller.
ARTICLE VII. BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall
fail to consummate the sale of the Property for any reason, except because of Purchaser's
termination of this Contract or because of Purchaser's default. Purchaser may either terminate the
Contract, enforce specific performance of the Contract, or seek other remedies available at law,
in equity, or by statute. Seller's failure to satisfy Purchaser's objections under Article VI shall
constitute a default by Seller.
ARTICLE VIII. BREACH BY PURCHASER
If Purchaser shall fail to consummate this Contract for any reason, except Seller's default
or the termination of this Contract pursuant to a right to terminate given herein, Purchaser shall
be in default and Seller shall have all of Seller's remedies at law or in equity.
ARTICLE IX. MISCELLANEOUS
9.01 Effective Date. The e fective date of this Contract will be the date the last party
executes the contract.
9.02 Survival of Covenants. Any of the representations, warranties, covenants, and
contracts of the parties, as well as any rights and benefits of the parties, pertaining to a period of
time following the closing date of the transactions contemplated hereby shall survive the closing.
9.03 Notices. Any notice required or permitted to be delivered hereunder shall be
deemed received when sent by certified United States mail, postage prepaid, return receipt
requested, addressed to Seller or Purchaser, as the case may be, at the address set forth below the
signature of the party hereunder.
9.04 Texas Law to Apply. This Contract shall be construed under and in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder are
performable in Tarrant County, Texas.
9.05 Parties Bound. This Contract shall be binding upon and inure to the benefit of
the parties and their respective heirs, executors, administrators, legal representatives, successors
and assigns where permitted by this Contract.
9.06 Legal Construction. In case any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, this
invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this
Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been
contained herein.
9.07 Gender. Words of any gender used in this Contract shall be held and construed to
include any other gender, and words in the singular number shall be held to include the plural,
and vice versa, unless the context requires otherwise.
9.08 Time. In this Contract, time is of the essence and compliance with the times for
performance is required.
9.09 Attorneys Fees. The prevailing party in the adjudication of any proceeding
relating to this Agreement shall be authorized to recover its reasonable and necessary attorney's
fees pursuant to Sec. 271.159 of the Texas Local Government Code.
9.10 Additional Terms Per Negotiations. The Temporary Construction Easement
does not have a renewal clause after two (2) years. The existing wooden fence along the western
boundary of the property will be salvaged for the property owner at the time of removal.
EXECUTED this 1.11 day of 66-f6
2017.
SELLER: PURCHASER:
LIEN-I WANG AND TZU-JUI TANG CITY OF SOUTHLAKE, TEXAS
11161
By: --`C� A''G6 ru' By
Laur Hill Mayor
By:
2
J
901 Mission Drive 1400 Main Street
Southlake, Texas 76092 Southlake, Texas 76092
Attest
C.et.R.0L la() ° e.5
City Secretary
1' v � '��
A'2KNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for the State of Texas, on this day personally
appeared Lien-I Wang and Tzu-Jui Tang, known to me (or proved to me on the oath of
or through [description of identity card or other
document]) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the Ii day of
)(12-frmikr , 2017.
Try l 1- rOW1Ii/
Notary Public in and for
The State of Texas
My Commission Expires: Sr i())cl Se row)
Typed or Printed Name of Notary
pe ilyw/, IQ 9)01 s‘
tle STATE OF TEXAS § �. y SeNo Pu Fa
§ ANS, Expires. 12-10-20 t
COUNTY OF TARRANT §
Before me, the undersigned authority in and for said County, Texas, on this day
personally appeared Laura Hill, known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he is the Mayor of the City of Southlake,
Texas and is duly authorized to execute this Contract for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 17 day of
e . 2017.
Notary Public in and for
The State of Texas
My Commission Expires: £W7(l L k(JA) ee-'h'6E5
Typed or Printed Name of Notary
//// /fin/ 7
. .71:;', CAROL ANN BORGES
4' NOTARY MUb61G•4TATE OF TEXAS
�'" .f^►.'t COMM. li<*P 11=12.2011
NOW N®fANY I®1161®0412
EXHIBIT "A"
PROPERTY DESCRIPTION
EXHIBIT "A"
County: Tarrant Page 1 of 3
Street: North White Chapel Boulevard Date: August 22,2011
HZ Job No. 01-3991-01
Description for Parcel 4
BEING, 112 square feet of land,more or less, in the William H. Hall Survey,Abstract No.
687, City of Southlake,Tarrant County,Texas,and being a portion of a tract of land
conveyed by deed to Tzu-Jui Tang and Lien J. Wang,wife and husband,as recorded in
Instrument Number D207358656 of the Deed Records of Tarrant County,Texas
(D.R.T.C.T),also being a portion of Lot 1,Block 3,Mission Hill Estates,an addition to the
City of Southlake,Tarrant County,Texas,recorded in Volume 388-163,Page 88,Plat
Records Tarrant County,Texas,(P.R.T.C.T.),said 112 square feet of land being more
particularly described as follows:
COMMENCING at the northeast corner of said Lot 1 from which a 1/2 inch iron rod found
bears North 56 degrees 11 minutes 08 seconds East,a distance of 0.32 feet,also being on the
southerly right-of-way line of Mission Drive,a 50 foot wide right-of-way,as established by
said plat of Mission Hill Estates;
THENCE,along the southerly right-of-way line of said San Saba Drive,South 89 degrees 10
minutes 13 seconds West,a distance of 128.00 feet to a 5/8 inch iron rod set with cap
stamped"Huitt-Zollars"on the new easterly right-of-way line of North White Chapel
Boulevard,and being the POINT OF BEGINNING having NM) 83 (HARN 1993)Texas
State Plane,North Central Zone(4202)surface coordinates of North 7031508.33,and East
2382711.54;
1) THENCE, South 44 degrees 10 minutes 13 seconds West,along the new easterly
right-of-way line of North White Chapel Boulevard,a distance of 21.21 feet,to a 5/8
inch iron rod set with cap stamped"Huitt-Zollars"on the existing easterly right-of-
way line of North White Chapel Boulevard;
2) THENCE, North 00 degrees 49 minutes 47 seconds West along the existing easterly
right-of-way line of North White Chapel Boulevard,a distance of 15.00 feet to a point
on the southerly right-of-way line of Mission Drive from which a 1/2 inch iron rod
found bears North 89 degrees 10 minutes 45 seconds East, a distance of 0.25 feet;
3) THENCE,departing the existing easterly right-of-way line of North White Chapel
Boulevard,North 89 degrees 10 minutes 13 seconds East,along said southerly right-
of-way line of Mission Drive,a distance of 15.00 feet to the POINT OF
BEGINNING and containing 112 square feet of land,more or less.
,
EXHIBIT "A"
County: Tarrant Page 2 of 3
Street: North White Chapel Boulevard Date:August 22,2011
HZ Job No. 01-3991-01
Description for Parcel 4
BASIS OF BEARING: Survey control for White Chapel Boulevard is based on City of
Southlake control monuments#22,#26. Project coordinate values are State Plane
NAD 1983(HARN 1993),North Central Texas Zone 4202,adjusted to surface using a factor
of 1.000155478. To convert project coordinates back to grid(true state plane)multiply by
0.999844546.
For:Huitt-Zollars,Inc.
Preliminary,this document shall not be recorded for any purpose,released on
8/22/2011
Eric J. Yahoudy
Registered Professional Land Surveyor
Texas Registration No.4862
Huitt-Zollars,Inc.
1717 McKinney Avenue
Suite 1400
Dallas,Texas 75202-1236
Ph. (214)871-3311
Date: August 22,2011
EXHIBIT "B"
PROPERTY SURVEY
1
___ —3L._ - EXHIBIT „ ' -E -E E
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LB.&NALL 141MUlf ASSUACT N .1385r PrN. WHfTE N(CHAPEL BOULEVARD 37 - -
N 00'49'25' W —_ 354400 4._ - - I ._ - - =1—
670.00' A - 11 d
UMW ii.MU 119liatl UMW me.687 N 00'4TW 47-
-4--E E E E E E E • E E C oh 1 2 Sq.Fl5.O0'E
t/a IRF WRs
NO N ErtO e-axs
• ' E ' .` 1 891'10'13'E
S 4410'13-W 610 15.00'
21.21'
33'ammo uNE P.O.B. 4
1 N: 7031508.33
E 2382711.54 G
I I &LIEN
I. BLOCK 3
TZU-JUO O
I TANGEN J. WANG
WIFE & HUSBAND N
INST. No. 0207358658
Wi
I O.R.T.C.T.
(901 MISSION OR.) ,�� a/ i
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T.3'UTILITY ESMF. If)r. Z
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MISSION HILL ESTATES 5 N
VOL.388-163, PG.88 g I
P R.T.C.T
P.O.C. 4ci, H-
1/2' IRF BEARS
N 56'11'08'E-0.32' m
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LOT 2
BLOCK 3
n*
I FGEND A PLAT OF A SURVEY
E7IIST64G ROADWAY RIGNT OF PARCEL 4 FOR
OF WAY BOUNDARY UNE N. WHITE CHAPEL BOULEVARD GRAPHIC SCALE
PWAY UNE p A 112 SQ. FT.
PROPERTY
Y LINE �L p• 25' 30
SURVEY LINE —$.— — TRACT OF LAND IN THE
EXISTING EASEMENT LINEI
WILLIAM H. HALL SURVEY SURVEY CONTROL FOR SMITE weft MAI IS BA$EO ON
CITY OF SOUTHLAK£CONTROL MONUMENTS 922. 926&
P.O.C. =POINT OF COMMENCING
P �+Q 030.PROJECT COORDINATE VALVES ARE STATE PLANE
.0.0. -POINT OF BEGINNING
ABSTRACT NO. 687
CITY OF SOUTNAD 7963(NARN 1993},NORTH CENTRAL XMAS ZONE
4202, AOAJSTED TO SURFACE USING A FACTOR OF
D.RT. .TDEED RECORDS ARRANT COUNTY TEXAS
P.R.T.C.T.=PLAT RECORDS TARRANT COUNTY TEXAS 1.000155476.TO CONVERT PROJECT COORDINATES BAG(
HLAKE TO GRID(TRUE STATE PLANE)MULTIPLY BY 0.999844546.
IRF_IRON ROD FDDNDI
TARRANT COUNTY, TEXAS NOTE THIS MAP is AN INTERNAL CITY or $ouT1ILAIQ
0= 5/8"IRON ROD SET WW1 YELLOW PLASTIC CAP AUGUST 22, 2011ANY OTfffR1PURP0 CONTENTS SHALL NOT BE USED FOR
STAMPED'HIAT7-ZOLLARS", UNLESS OTIIERY45E NOTED
HZ: 01-3991-01
EXHIBIT "C"
ACQUISITION DEED