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Home My WebLink About1990-O-13 - Vineyard & Supply Inc., Bat-To-Lo Inc, Barbee Don Bramlett, And Patricia BramlettORDINANCE NO. 1990-13 AN ORDINANCE AUTHORIZING AND APPROVING AGREEMENTS WITH STEPHENVILLE. VINEYARD & SUPPLY, INC., BAR-TO-LO, INCORPORATED, BARBEE DON BRAMLETT, AND PATRICIA BRAMLETT RELATING TO SETTLEMENT OF CERTAIN DEBTS OWED TO THE CITY OF STEPHENVILLE, RELEASES OF PERSONAL LIABILITY ON SUCH DEBTS, RELEASES OF LIENS ON CERTAIN EASEMENTS RESERVED IN DEEDS CONVEYING CERTAIN LAND TO THE CITY OF STEPHENVILLE, AND RELEASES OF OTHER COLLATERAL, AND ACCEPTANCE OF CERTAIN LAND, EASEMENTS, AND PERSONAL PROPERTY IN EXCHANGE FOR SUCH RELEASES WHEREAS, the City of Stephenville and Stephenville Vineyard & Supply, Inc., entered into a contract (the "Contract") dated February 7, 1989, and entitled "City of Stephenville Contract for Texas Community Development Program"; and WHEREAS, the following instruments were executed pursuant to the Contract: 1. Four promissory notes dated April 7, 1989, and executed by Stephenville Vineyard & Supply, Inc., and Barbee Don Bramlett and Patricia Bramlett (together "Bramlett") in the original principal amount of $90,000.00, $220,000.00, $75,000.00, and $15,000.00, respectively, payable to the City of Stephenville; 2. Deed of Trust dated April 7, 1989, executed by Stephen- ville Vineyard & Supply, Inc., Bar-To-Lo, Incorporated, Barbee Don Bramlett, and Patricia Bramlett with regard to four tracts of land in Erath County, Texas, consisting of Tract One, Tract Two, Tract Three, and Tract Four described in Exhibit A attached hereto and securing payment of said notes; 3. Deed of Trust dated April 7, 1989, and executed by Stephenville Vineyard & Supply, Inc., Barbee Don Bramlett, and Patricia Bramlett with regard to said four tracts of land in Erath County, Texas, securing payment of said $90,000.00 note; 4. Security Agreement dated April 7, 1989, and executed by Stephenville Vineyard & Supply, Inc., and The City of Stephenville with regard to certain personal property securing said $75,000.00 note and other indebtedness; WHEREAS, Bramlett proposes that Bramlett convey or cause to be conveyed to the City of Stephenville Tract One, Tract Three, and Tract Four, certain easements for access to said tracts, and the personal property described in Exhibit B attached hereto; that the deed conveying Tract Three and Tract Four to the City of Stephenville reserve easements for access to certain abutting property of Bramlett;' that the City of Stephenville release Tract Two and the reserved easements from all liens and security interests securing said notes; that the City of Stephenville release the personal liability of Bramlett, Stephenville Vineyard & Supply Inc., and Bar-To-Lo, Incorporated, for payment and performance of said notes, said Deeds of Trust, said Security Agreement, and any other instruments securing said notes or collateral to said indebtedness; and that the City of Stephenville release any guaranties executed by Bramlett relating to said notes and any life insurance policy assigned or pledged as collateral to the City of Stephenville to secure said notes; and WHEREAS, it is in the best interest of the City of Stephenville that the conveyances of said real property and personal property to the City of Stephenville be accepted and that such releases be granted; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENV I LLE that the City of Stephenville, without the necessity of execution by any other officer or official of the City of Stephenville, be and is hereby authorized and directed to execute and deliver for and on behalf of the City of Stephenville all agreements, releases, instruments, documents, and certificates necessary or proper in order to evidence, effectuate, and accomplish the transactions contemplated herein with regard to said notes, Deeds of Trust, Security Agreement, and other collateral securing said notes. PASSED and APPROVED this 2nd day of October, 1990. Mayor ATTEST: ae-* I A /,Z� City Secretary TRACT nMR - All that certain 14,13 acres out of the Henry Pearson Survey, A--613, and being part of a former. 20.08 acre tract described in Deed dated Oct. 1, 1980, from Bramlett Implement, Inc.,. to Bar-To-Lo, Inc., recorded in Vol. 588, page 205, Deed Records of Erath County, Texas, and the 14.13 acres being described as follows: Beginning at an iron rod in MW right of way of the G.C. & S. F • Railroad, at NEC of said 20.08 acre tract, for the NEC of ttlis tract; Thence with railroad right- of way,. along a curve to the leEt, having a radius of 1960 feet and central angle of of deg, 33 min. 40 sec., an arc distance of 53.40 feet (long chord bears So 13--23--21 W. 53.40 feet) ; and So l 2-3 6--3 0 11, 9 9 6 , 2 feet to an iron rod in right of way, for . the Easterly SEC of this tract; Thence S. 35-03 We 319.8 feet to an iron rod for the Southerly SEC of this tract; Thence :S. 59-,48.-30 W. 158.1 feet to an iron rod for. the Si4C of this tract; Thence N, 30--11-30 W. 465.4 feet to an iron rod at inner corner of the 20.08 acre tract, for a corner of this tract; Thence N. 06-40 We 471.3 feet to an iron rod at NortherlyNWC of said 20.08 acres, for the NWC of this tract; Thence N. 59-27 E. 974. 3 feet to the lace - ' ., p of beginning, containing 14.13 acres. TRACT TWO: All that certain 10.00 acres out of the Henry Pearson Survey, A--613, and being part of a former 37.14 acre tract described in Deed dated ,Ian. 6, 1981, from Mary A. Mobley, to Barbee Don Bramlett, et ux, recorded in Vol. 589, page 758, Deed Records of Erath County, Texas, and the 10.00 acres being described as follows Beginning at a point in South line of said 37.14 acre tract,. from which point the SWC of the 37.14 acres, on Easterly side of county road, bears S. 59--27 We 694.8 feet, for the SWC of this tract; Thence N. 30--00 We 579.0 feet to 6a point in North line of *the 37.14 acre tract, -for the NWC of this tract; Thence N. 59-11 E• 750.1 feet to a point in North line of said 37.14 acres, for the NEC of this tract; Thence S. 30-00 E. 582.5 feet to a' point in South line of the 37.14 acres, for the SEC of this tract;. Thence S. 59-27 We 750.0 feet to the place of beginning, containing 10.00 acres. EXHIBIT "A" TRACT THREE: All that certain 9.83 acres out of the Henry Pearson Survey, A--61.3, and being part of. a former 37.14 acre tract described in Deed dared Jan. 6, 1981, from Mary A. mobl.ey, to Barbee Don Bramlett, et: ux*, recorded in Vol. 589, page 758, Deed Records of Erath County, Texas, and the 9.83 acres being described as follows : .. Beginning at an iron rod at fence corner at the NEC of said 37.14 acre tract, for the NEC o.f -this tract; Thence S: 30--58 E. 371.4 feet to an iron rod in NW right of way of the G.C. & S. F o Railroad, for the Easterly SEC of the 37.14 acres, and the Easterly SEC of this . tract; Thence with railroad right of way, S. 45--32 w. 393.2 feet: • and. ,along a curve to the left, having a radius of 1960 feet and central angle of 10 deg. 54 min. 32 sec., an arc distance of 373.18 feet (Long chord bears S. 40--04--42 W. 372.61 feet) , to an iron rod at Southerly SEC of the 37.14 acres, For Southerly SEC of this track; Thence-.S. 59--27 W. 150.07 feet to a point in Souttl lane of the 37.14 acre tract, for the SWC of this tract:; Thence N. 30-00 W. 585.3 Feet to a point in North line of, the 37.14 acres, for the NWC of this tract; Thence N. 59--1.1 E. 874.94 feet to the place of beginning, g g, containing 9.83 acres. TRACT FOUR: All that certain 9.27 acres out: of file Henry Pearson Survey, A-61:3, and being parr of a former 37.14 acre tract described in Deed dated Jan. 6, 1981, from Mary A, Mobley, to Barbee Don Bram.lertr et ux,. recorded in Vol. 589, page 758, Deed Records of Erath County, Texas, and* the 9.27 acres being described as follows* Beginning at: an iron rod in Easterly side of county road, at the NWC of said 37.1.4 acre tract, for the NWC of this tract:; Thence N. 59--27 E. 636.63 feet, and N. 59-11 E. 63.7 feet to a point in North line of the 37.1.4 acre tractr for the NEC of this tract; . Thence S. 30-00 E. 579.0 feet to a point: in South line of the 37.14 acres, for the SEC of this tract; (ONW) Thence S. 59--27 W. 694.8 feet to an iron rod in East side of road, at the SWC of the 37.14 acre tract, for the SWC of this tract; Thence -N. 30--33 W. along ' road, 578.9 feet: to the place of beginning, containing 9.27 acres. s PERSONAL PROPERTY: All personal property owned by STEPHENVILLE VINEYARD & SUPPLY, INC., including but not :limited to the following: 2030 John Deere Tractor Weed Badger 550 gallon diesel'fuel tank Ditch Witch trencher Drip irrigation reel trailer Grape planter 1010 John Deere orchard tractor Disc breaking plow with tool carrier KMC one row bedder John Deere 825 (3 bottom) rollover moldboard King Hitter post driver Land leveler Grafting tools and lab tools New and used parts Supplies and accessories Inventory All machinery and equipment All furniture and fixtures Vine crops and plants