Loading...
West Beach Addition, Bob Jones Park (Lot 20, Block 1), 1999 - Contract of Sale.. 4 ~~roLQOl~ FG~~`353 CITY OF £OUTHLAKE, TEXAS VS. CORNELIUS WHITE and ETHEL WHITE NO. ED-98-00860-C f~l~ 'gipr r, .. . t~ § CONDEMNATION PR~~E~~IN'G~rs~ I I ~ (1{1 § IN THE PROBATE C~IUl~fitrkr; urNror~ co.'rex § DENTON COUNTY, TEXAS_.__~_____`_~EP~r}• JUDGMENT OF COURT IN ABSENCE OF OBJECTIONS BE IT REMEMBERED: That on this date came on to be heard and considered the decision of the Special Commissioners filed on the 20th day of January, 1999, in the above-entitled and number cause, which is a condemnation proceeding in which the City of Southlake, Texas is Plaintiff and Cornelius White and Ethel White are Defendants. It appears to the Court, that the Plaintiff, City of Southlake, Texas, is a municipal corporation located in Denton and Tarrant Counties, Texas, organized and existing under and by virtue of its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; that Plaintiff as a home rule municipality is vested with the power and authority to appropriate private property for public purposes by condemnation proceedings and to exercise all of the powers of eminent domain; that the Plaintiff seeks to condemn the subject property for public purposes for the benefit and enjoyment of the citizens of the City of Southlake; that prior to the filing of this suit, Plaintiff attempted to locate Defendants to engage in good faith negotiations to reach an agreement with Defendants to acquire the property; that all acts, conditions and things required bylaw, and the ordinances and charter of the City of Southlake precedent to the institution of these condemnation proceedings have been done; that on November 2, 1998, the Court appointed Russell Welch, Esq., as attorney ad litem in this cause; that on November 2, ~4roLoo~? PGO~i~4 1998, the Court appointed Tom Jester, Burt Solomons, and Lisa Polster as special commissioners to assess the value of the property which is the subject matter of this suit; that Defendants and all persons claiming any title or interest in the subject property were properly served with notice of the lawsuit and notice of the commissioners hearing by publication as required bylaw, and that the publisher's return of citation by publication has been filed among the papers in this cause; that on January 6, 1999 the commissioners hearing was conducted, and the special commissioners awarded the sum of $3,000 as the value of the subject property to be paid by the City of Southlake according to the rules of damages set forth in Section 21.042 of the Texas Property Code; that the written award of the special commissioners was filed with the Court on January 20,1999; that on January 27, 1999, Plaintiff City of Southlake deposited the sum of $3,000 into the registry of the Court pursuant to the written award of the special commissioners; that the Plaintiff City of Southlake has paid the fees awarded by the Court to the special commissioners for their services; and it is so found, that no objections to the award of the special commissioners were filed within the time required by law. It is, therefore, ORDERED, ADJUDGED and DECREED by the Court as follows: a) That the decision of the Special Commissioners be, and the same is hereby, made the judgment of this Court. b) That the Clerk of this Court record the decision of the Special Commissioners in the minutes of this Court. c) That by virtue of said decision of the Special Commissioners, the City of Southlake, Texas is entitled to condemn and does hereby have judgment against the JUDGMENT OF COURT IN ABSENCE OF OBJECTIONS PAGE 2 H:\l18 RARY\SouthlakelW ESTB EAC1Washington\Pleadings\Judgment.wpd JOL(~ n ~ ~bc~~~h'~~e~ Defendants for the acquisition of the parcel of real property, .138 acres, located in Denton County more specifically described in Volume 2, Page 34 of the Denton County Deed Records, also described as follows: Lot 20 ,Block 1, West Beach Addition, an Addition to Denton County, Texas according to the Plat thereof recorded in Volume 2, Page 34, of the Map Records of Denton County, Texas, and being within the City Limits of the City of Southlake, Texas. d) That fee simple title to the said heretofore-described land is hereby divested from the above-named Defendants, and is hereby decreed to and vested, in Plaintiff, City of Southlake, Texas. It further appears to the Court that a reasonable and necessary fee for the services of Russell Welch, the Court appointed attorney ad litem in this cause, is $187.50. It is further ORDERED that this sum be taxed as Court costs in this proceeding, and that this sum be paid by Plaintiff City of Southlake. It is further ORDERED that the appointment of the attorney ad litem, Russell Welch, in this cause shall hereby terminate. It further appears that the Plaintiff City of Southlake has deposited in this Court the sum of $3,000, the amount of damages awarded by the Special Commissioners to the Defendants, and the Plaintiff has paid a!I other costs of these proceedings, and it is therefore ORDERED that a Writ of Possession issue on behalf of the City of Southlake. ~l~ SIGNED, RENDERED AND ORDERED this the ~~~ day of n ~tiL~,1999. Sri ~i ~ c Presiding Judge PAGE 3 JUDGMENT OF COURT IN ABSENCE OF OBJECTIONS H:\LIBRARY\Southlake\W ESTB EAC\Washington\Pleadings\Judgment.wpd v ~~ _ ~ ' OFFiC~,~~ o1TY CONTRACT OF SALE Gtr ~ ~~ ~ks~°'` ~/~~~g NON-RESIDENTIAL THE STATE OF TE,l'AS COLiNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS that: Estate of Cornelius and Ethel White (hereinafter called "Seller," whether one or more) herehy sally and agrees to convey to The City of Southlake (hereinafter called "Purchaser," whether one or more) and Purchaser hereby buys and agrees to pay for the following described real estate situated in Denton County, Texas to wit: Block 1, Lot 20, West Beach Addition, The City of Southlake, Teaas. together with, all and singular, all improvements thereon and all rights and appurtenances pertaining thereto, including any right, title and interest of Seller in and to adjacent streets, alleys, orright-of--way, such real estate, improvements, rights and appurtenances being herein referred to as the "Property. "This Contract and the Property also covers and includes all fixtures and articles ot'personal property attached to said real estate and owned by Seller, such as air conditioning and heating equipment. This Contract is executed upon the following terms and conditions: 1. P(IRCHASE PRICE. 1'he purchase pricy for the Property is $ 3,300.00 payable as follows: a.$ 3,300.00 in cash. b. Any note or notes to be executed by Purchaser hereunder shall he secured by vendor's lien and by dead of trust with power of sale and containing such covenants as to taxes, insurance, default and other matters as Seller may reasonably require. 2. EARNEST MONEY. lfpon lull and tinal execution of this Contract, Purchaser shall deliver the sum of $ -0- to Fidelity National Title Company, Southlake_"texas ("Title Company") to be held by the Title Company as Earnest Money (herein so called) pursuant to the terms of this Contract. a. •SI IRVP.Y AND'1'I'1'I,Is 131NUlilt A. Within ten (]0) days after the date c Contract, purchaser shall, at purchaser's expanse, deliv.. or cause to be delivered to Purchaser a copy of a curren- on- the-ground survey ("Survey") of the Property made by a duly licenszd surveyor reasonably acceptable to the Purchaser. The Survey shall be in a form acceptable W the Title Company in order to allow the 'fitle Company to delete the survey exception (except as to "shortages iu area") from the Title Policy W be issued by the Title Company. The Survey shall show the location of all improvements on the Property, if any. If this Contract does not close through no fault of Seller, in addition to the other rights Df Seller hereunder, Purchaser shall pay for the Survey. B. Within ten (]0) days after the date ofthis Contract, purchaser shall, at purchaser's expense, deliver or cause to be delivered to Purchaser: (1) A title commitment ("Title Binder") covering the Property binding the Title Company W issue a Texas Owner's Policy Df Title Insurance on the standard form of policy prescribed by the Texas State Boazd of Insurance at the Closing in the full amount of the purchase price, and (2) True, correct, and legible copies of any and all instruments referred to in the Title Binder as constituting exceptions or restrictions upon the title of Seller, except. that copies of any liens which are to be released at the closing may be omitted 4. APPROVAL. PF,RIOD AND TITLE A. Purchaser shall have ten (10) after the receipt oflhe Survey and Title Binder to review them and to deliver in writing to Seller such objections as Purohaszr may have to anything contained in them. Any such item to which Purchaser shall not object shall be deemed a "Permitted Exception." If there are objections by Purchaser, Seller shall in good faith attempt to satisfy them prior to closing, but Seller shall not be required to incur any cost to do so. If Seller delivers written notice to Purchaser on or before the closing date that Seller is unable to satisfy such objections, or if, for any reason, Seller is unable to convey title in accordance with Section 7 (B) below, Purchaser may either waive such objections and accept such title as Seller is ahle to convey or terminate this Contract by written notice to Sellerl,~~ing ordinances and the lien for current taxes shall be deemed to be Permitted Exceptions. B. Stller represents and warrants tD Purchaser that at the closing Seller will have and will convey to Purchaser good and mari:etahle title to the Property free and clear of any and all encumbrances except the Permitted Exceptions. Delivery of the Title Policy pursuant W Section 7 helDw shall be deemed W fulfill all duties of Seller as to the sut7iciency of title required hereunder; provided however, Stller shall not thereby be released from the warranties of Seller's Decd. 5. INSPECTION Purchaser acknowledges that Purchaser has inspected all buildings and intprovzments situated on the Property and is thoroughly familiar with their condition, and Purchaser hereby accepts tht Property and the buildings and improvements situated thereon, in their present condition, with such changes therein as may hereafter be caused by reasonably deterioration. 6. CASs 1ALTY LOSS All risk of loss W the Properly shall remain upon Sellyr prior to the closing. It; prior W Ute closing, the Propyrty shall be damaged or destroyyd by lire or other casualty, to a material ea~tent, I'urohaser may either terminate; this Contract by written notice W Seller Dr close. If Purchaser elects to close, despite said matyrial damage or destruction, there shall be no reduction in the purchase price, and Seller shall assign to Purchaser Seller's right, title and interest in and to all insurance procyeds resulting or to result from said damage or destruction. Unless otherwise provided herein, the term "material" shall mean damage or destruction, the cost of repairing which exceeds ten (1 0%) percent of the purchase price. In the event of less than material damage or destruction to the Property prior to the closing, Seller shall either repair the same prior tD the closing, at Seller's expense, or reimburse Purchaser for the cost of repairing the same by assigning any insurance proceeds resulting theret~om to Purchaser and/or by allowing Purchaser to deduct such cost from the cash payable W Seller at the closing. If the eaKent of damage or the amount of insurance proceeds to be made available is not ahle to be determined prior to the closing date specified in Suction 7 hylow, Dr the repairs are not able to by completed prior to said date, Hither party by written notice to the other, may postpony the date of the closing to such date as shall be designated in such notice, but nut more than thirty (30) days after the closing data specified in Section 7 below. 7. CLOSING. A. The closing ofthis Contract shall be held on or before June 29, 1998 at the offices of the Title Company at its address stated below; provided, however, that if on such date the Title Company has not yet approved title or if there are objections rttade by Purchaser which have not yet been cured by Stller, Dither party, by written notice to thy other, may postponz the data of the closing tD such data as shall he designated in such notice but not more than thirty (30) days after the closing date above specified. B. At thz closing Stller shall deliver to Purchasyr. (1) a Genyral Warranty Deed (with Vendor's Lien retained it not a cash purchase) conveying thy Property according to the legal description prepazed by Ihz surveyor as shown on Ute Survey of the Property, subject only to the Pennittzd Exceptions; (ii) a Title Policy issued by the undtrwrilzr for the Title Company pursuant to the Title Binder with the survey exception deleted (except as to shortages in area) subject only tD the Permitted Exceptions; and (iii) possession of thz Propyrty. C. At the closing, Purchaser shall deliver to Seller (I) the cash portion of the purchase price (the Earnest Money being appliyd thereto) and (II) the Note and the Uted of Trust, if any. D. Rents and !easy commissions, interest, and advalorem taxes for the thin current yzaz shall bu prorated at the clDSing tffeetive as of the defy of closing. Purchaser agreys tD execute and deliver to Seller in duplicate an Assumption Agreement in recordable form agreeing to pay all commissions payable under any lease of the Property. Any security deposits held by Seller shall be delivyred W Purchaser. If the closing shall occur before the tax rata is fixed tirr the then cutrent year, the apportionment of the taxes shall be upDn thy basis of the tax rate for thy preceding yeaz applied to the latest assessed valuation but any diflartnce in actual and advalorem taxis for the year of sale actually paid by Purchaser shall be adjusted between the parties upon receipt of written evidence of the payment thereof: All taxes imposed because of a change of use of the Property after the closing shall be for thz account of Purchaszr. E. If Purchaser is to assume an existing loan, Purchaser shall pay any transtzr fez, and a sum equal to the amount of any rzserve accounts held by the mortgage for the payment of taxes and/or insurance shall he paid to Seller by Purchaser. Purchaser shall execute, at the option and expynse of Seller, a Deed of Trust to Secure Assumption with a 't'rustee named by Sallzr. F. If the Property is situated within a utility district subject W the provisions of Section 50.301, 'Czxas Water Code, then at or prior to the closing, Seller agrees to givz Purchaser the written notice required by said Section and Purchaser agrzes to sign and acknowledge the notice to evidencz receipt thereof. G. closing Costs: The City of Southlake will pay all closing Cost. The seller will be responsible for all fazes upon the property to ' date of closing. 8. TERMINATION. Ifthis ConVact is terminated by Purchaser in accordance with Section 4 Dr 6 above, the Earnest Money shall be promptly refunded to Purchaser, and thz parties shall have no further obligation or liabilities one tD the Dther. 9. DEFAULT. If Seller shall fail to consummate this Contract for any reason, except Purchaser's default, Purchaser may enforce specific performance ofthis Contract or may bring suit for damages against Seller. If Purchaser shall fail to consununate this Contract for any reason, except Seller's default or the termination ofthis Contract pursuant to aright to terminate given herein, Sailer shall have the right to have the Earnest Monty paid tD Seller a:; liquidated damages for the breach of [his Contract, or Sefier may bring suit for damages against Purchaser or enforce specific perforntance ofthis Contract. I O. MISCELLANEOUS PROVISIONS. A. llate of Contract. The term "date ofthis Contract" as used hyrein shall mean the later of the two datzs on which this Contract is signed by Seller or Purchaser, as indicated by their signatures be1Dw, which later date shall be the date of final execution and agreement by the parties hereto. B. Notices. Any notice or communication required or permitted hereunder shall be deemed to he delivered. whether actually received or not, when deposited in the United States mail, postage fully prepaid, registered or certified mail, addressed to the intended recipient at the address on the signature page Dt'this Contract. Any address for notice may by changed by written notice so given. C. Forms. In cast of a dispute as to the form of any document required hereunder, the current form prepared by the State Bar of Texas shall be conclusively deemed reasonable. D. Attorney's Fees. Any signatory to this contract who is the prevailing party in any Itgal proceeding against any other signatory brought under or with relation to this contract or transac,1ion shall be additionally entitled to recovyr court cDSis and reasonable attorney fees from the non-prevailing party. E. Integration. 'I7tis Contract contains the complete agreement between the parties and cannot be varied except by the written agreement of the parties. The parties agree that there are no oral agreements, understanding, representations or warranties which are not expressly sit forth herein. F. Survival. Any portion ofthis Contract not otherwise consummated at the Closing will survive the closing ofthis transaction as a continuing agreement by and betwemt thy parties. ' G, binding Efleci. 'I7iis Contract shall inure to the benefit of and bind the parties hereto and their respective heirs, representatives, successors and assigns. 11. CONTRACT AS OFFER. The execution o; .Contract by the first party to do so constitutes an offer t~ , ..chase or sell the Property. Unless within ten (] 0) days fiom the date of execution of this Contract by the tits( party, this Contract is accepted by the other party and a htl-y executed copy is delivered to the first party, the offer of this Contract shall be automatically revoked and terminated, and the earnest money, if any, shall be returned to Purchaser. 12. CONSIfLT YOIfR ATTORNEY: This is intended to be a legally binding contract. READ IT CAREFULLY. if you do not understand the effect of any part, consult your attorney BEFORE signing. The Broker cannot give you legal advice -only factual and business details concenung land and improvements. Attorneys to represent parties may be designated below, and, so employment may be accepted, Broker shall promptly deliver a copy of this contract to such attorneys. Seller's Atty 13. EXECUTED on the dates stated below. Buyer's Atty.: SELLER: Estate of Cornelius and Berner Title C9~Se /lurl~Cr Address _27340 Tyrrell Ave. Apt. 6 Hayward CA 94544 (510) 786-3125 Date of L'xeeution PURCHASER: The City of Southlake By~_ ~~ __ ------------------ ------ Title _667 N. Carroll Southlake TX 76092 Address Data of Execution Title Company received contract This day of 19 Title Company__ Fidelity National Title By:_- Title: Address_1723 E. Southlake Blvd. Suite 100 Southlake, TX 76092 (817) 329-8421