J.W. Chivers Survey, Abstract No. 350, 2009 - Contract of Sale OFFICIAL RECORD
CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS CONTRACT OF SALE is made by and between John M. Shelton of
Southlake, 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 L PURCHASE AND SALE
By this Contract, Seller sells and agrees to convey, and Purchaser purchases and
agrees to pay for, certain property situated in Tarrant County, Texas, a tract consisting of
approximately 0.126 acres being more particularly described as set forth in Exhibit "13"
attached hereto together with all and singular the rights and appurtenances pertaining to
the Property, 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 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 Sixteen Thousand Nine Hundred
Eighty Seven Dollars ($16,987.00).
ARTICLE III. EARNEST MONEY
$1,000 has been tendered by Purchaser to the Seller with this Contract. Purchaser
shall deliver this amount (the Escrow Deposit) to Idexter -Fair Title Company. The Escrow
Deposit shall be credited towards the cash portion of the sales price at Closing; provided,
however, that in the event the Purchaser shall have given written notice to the title
company that one or more of the conditions to its obligations set forth in Article VI have
not been met, or, in the opinion of Purchaser, cannot be satisfied, in the manner and as
provided for in Article IV, then the escrow agent shall return the Escrow Deposit to
Purchaser.
ARTICLE IV. PURCHASER'S RIGHTS AND OBLIGATIONS
4.01 Preliminary Title Report. Within seven (7) days after the date hereof,
Seller, at Purchaser's sole cost and expense, shall have a title company issue a
preliminary title report (the "Title Report") accompanied by copies of all recorded
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documents relating to easements, rights -of -way, etc., affecting the Property. Purchaser
shall give Seller written notice on or before the expiration of seven (7) 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 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.
4.02 Survey. Attached as Exhibit "A" is a copy of the survey that Purchaser
has caused to be prepared for Property.
4.03 New Surveys and Tests. Within seven (7) 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
J b days after the date of execution, Purchaser is granted the right to conduct an
environmental 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.
4.04 Property Condition. Within ten (10) 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 reinspection 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 may cancel this Contract and receive its
earnest money. Except for the specific warranties given herein, including the warranty of
good title, Purchaser accepts the Property in its current "As Is" condition.
[remainder of page left intentionally blank]
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ARTICLE V. 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 estate brokers', 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 VI. TITLE EXCEPTIONS, SPECIAL TERMS AND CONDITIONS
Mineral Interest. Seller reserves to itself, its successors and assigns all of the
oil, gas, and other minerals in and under and that may be produced from the Property.
The mineral interest shall include the right to any lease bonuses, rentals, the right to
execute oil, gas, and other mineral leases. The mineral interest shall not include the right
to access or develop the mineral interest from the surface of the Property. Seller agrees
to not allow drilling for minerals from the surface of the Property.
ARTICLE VII. CLOSING
Fe
7.01 Closing Date. The closing shall be held on ', 200a at
pee) oe , at such time and place as Seller and Purchaser may agree upon (which
date is herein referred to as the "Closing Date ").
7.02 Conditions at Closing. The closing and Purchaser's obligations under
this Agreement to purchase the Property are expressly conditioned on:
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(1) Seller's delivery to Purchaser a duly executed and acknowledged General
Warranty Deed conveying good and marketable title in fee simple to all of
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 Seller's sole expense, a Texas Owner's Title
Policy, issued by Hexter -Fair Title Company, 601 E. Southlake Blvd.,
Suite 500, Southlake, Tarrant County, Texas in the full amount of the
purchase price, insuring Purchaser's fee simple title to the Property,
subject only to those title exceptions listed in this Article VI, 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 possession of the Property.
(5) Seller's payment of all commissions due and arising in connection with
the execution of this Contract or from the consummation of the sale of the
Property.
7.03 Failure of Conditions. Should any of the conditions specified in
Paragraph 7.02 of this Contract fail to occur within days after the establishment of
Closing as provided in Paragraph 7.01 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. Hexter -Fair 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 immediately refund to Purchaser all monies and
instruments deposited by Purchaser pursuant to this Contract.
7.04 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
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any, shall be prorated as of the closing date and shall be adjusted in cash at the closing. In
the event there exists any roll back or other deferred taxes 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.
7.05 Closing Costs. All costs and expenses of closing in consummating the
sale and purchase of the Property shall be borne and paid as follows:
Owner's Title Policy paid by Purchaser
Survey paid by Purchaser
Environmental and Engineering Survey paid by Purchaser
Inspection Reports paid by Purchaser
Filing fees paid by Purchaser
Attorney's fees paid by the party incurring same
ARTICLE VIII. REAL ESTATE COMMISSIONS
Seller shall pay, at Seller's sole cost and expense, any commissions or brokerage
fees associated with this Contract. 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 IX. 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 this
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 X. 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 may at its sole and exclusive remedy have the
Escrow Deposit paid to Seller as liquidated damages for the breach of Contract thereby
releasing Purchaser from this Contract.
ARTICLE XL MISCELLANEOUS
11.01 Effective Date. The effective date of this Contract will be the date the last
party executes the contract.
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11.02 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.
11.03 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.
11.04 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.
11.05 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.
11.06 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.
11.07 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.
11.08 Time. In this Contract, time is of the essence and compliance with the
times for performance is required.
11.09 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.
[signature pages to follow]
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EXECUTED this z. lay of X. , 200
SELLER:
..•►
✓ M. Shelton
ADDRESS:
510 tf cv-
& {1(a.k -e
PURCHASER:
CITY OF SOUTHLAKE, TEXAS
A
y: Andy bsganss, Mayor
ADDRESS: 1400 Main Street
Southlake, Texas 76092
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ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for said County, Texas, on this day
personally appeared John M. Shelton, known to me (or proved to me on the oath of
611 WI ICe,n,S+'L 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 2 (o day of
CARRIE COFFIN
Notary Public, State of Texas Notary Public i and for
,14,;',,,t" My Commission Expires The State of Texas
\vs September 23, 2009
My Commission Expires: Ukt C rttt Coal
Typed or Printed Name of Notary
°1 12 51Dcl
Page 8 of9
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority in and for said County, Texas, on this day
personally appeared Andy Wambsganss, known to me (or proved to me on the oath of
(lilyEls I ice vise 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 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 2 (p day of
JG.0 CxX , 8. 2009
CARRIE COFFIN
5 . - Notary Public, State of Texas Notary Public in and for
t??• i - My Commission Expires y
•. September 23, 2009 The State of Texas
My Commission Expires: coo t 1C c of,fi /1
Typed or Printed Name of Notary
[ 23101
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EXHIBIT "A"
30' WIDE PARCEL
ABSTRACT 350
TRACT 1C1A
CITY OF SOUTHLAKE
1 VOLUME 14028, PAGE 255
DRTCT �
0
S 82° 48'09" E d6'
30.05' ��'�'
\t 2
1' P.O.B.
ABSTRACT 350 ABSTRACT 350
TRACT 1A TRACT 1A1
JOHN M. SHELTON JOHN KOLDUS IV
BOBBIE JEANNE SHELTON CT) N VOLUME 11962, PAGE 662
VOLUME 4400, PAGE 846 co DRTCT
DRTCT
w v' .
co
M u7
ti
PL
t r {
-- fig. �
R.O.W -- -- - -
S 89°42'01" W
30.06'
EAST DOVE ROAD
1
ABSTRACT 300 ABSTRACT 300
TRACT 18 1 TRACT 181
SHELBURNE COMPANY BRAZOS ELECTR /C POWER CO -OP 1
VOLUME 14505, PAGE 334 VOLUME 3335, PAGE 364 1
DRTCT DRTCT
1
O SURVEYOR'S CERTIFICATION
�� 6t g T L , , I, Philip B Wolters, a Registered Professional Land Surveyor
of the State of Texas, certify that the calculations, graphic
depiction and le al descriptions of this survey were
PHILIP B. WOLTERS g o ao
.Y.«...... ««°««°« properly prepared under my personal supervision from an
q 5894 r the ground survey.
< 7� o F E Sr‘oy� i .
SU11 L (IN FEET )
Registered Profe ional Land Surveyor No. 5894 1 inch - 50 ft.
ARLINGTON SURVEYING & MAPPING
2233 AVENUE J. suns 118
APLINGTON. TE=E 78008
(817) 648 -0098 Metro (317)816 -8638
'c «I:SneFtLr2
EXHIBIT "B"
30' WIDE PARCEL
BEING a portion of a 2.783 acre tract of land out of the J. W. Chivers Survey, Abstract
Number 350, deeded to John M. Shelton and Bobbie Jeanne Shelton in Volume 4400,
Page 846, Deed Records, Tarrant County, Texas, (DRTCT), and being more particularly
described by metes and bounds as follows:
BEGINNING at a found 1/2" iron rod, capped "LANDES ", at the most easterly
northeast corner of said Shelton tract, same being an ell corner in a tract of land deeded to
the City of Southlake in Volume 14028, Page 255, DRTCT;
THENCE South 03 degrees 58 minutes 55 seconds West, along the east line of said
Shelton tract, a distance of 180.29 feet to a 5/8" capped iron rod set for parcel corner in
the new north line of East Dove Road, same being the south line of said Shelton tract;
THENCE South 89 degrees 42 minutes 01 seconds West, along said south line, a
distance of 30.06 feet to a 5/8" capped iron rod set for parcel corner;
THENCE North 03 degrees 58 minutes 55 seconds East, a distance of 183.91 feet to a
5/8" capped iron rod set in the north line of said Shelton tract, same being the south line
of said Southlake tract;
THENCE South 82 degrees 48 minutes 09 seconds East, along said common line, a
distance of 30.05 feet to the POINT OF BEGINNING and containing 0.126 acres or
5,468 square feet of land.
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