HomeMy WebLinkAboutR2007-011S:\Our Documents\Resolutions\07\Ha~pool Cabooses Accep[ance.doc
RESOLUTION NO. DO -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
CONFIRMING THE ACCEPTANCE OF A MEMORANDUM OF DISTRIBUTION TO THE
CITY OF DENTON AS BENEFICIARY FOR A CABOOSE AS SET FORTH IN THE "FIRST
CODICIL TO THE LAST WILL AND TESTAMENT OF WALTER S. HARPOOL", DATED
MARCH 7, 2006; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF DISTRIBUTION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Independent Executor of the Will and Estate of Walter S. Harpool,
Deceased, Sennett Kirk has distributed to the City of Denton as Beneficiary, the 1973 Steel Wide
Vision Cupola Caboose, manufactured by International Railcar, ID # MP 13622 as set forth in
the "First Codicil to the Last Will and Testament of Walter S. Harpool", dated March 7, 2006.
The Estate of Walter S. Harpool has relinquished all right, title and interest in and to such
Caboose (the "Caboose"); and
WHEREAS, the Parks, Recreation and Beautification Board has recommended the
acceptance of the Memorandum of Distribution and the Caboose;
WHEREAS, the City Council finds that this resolution is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City of Denton, Texas hereby confirms the acceptance of the Caboose
and authorizes the City Manager to execute the Memorandum of Distribution in acceptance of
the Caboose, which is attached hereto and made a part hereof by reference.
SECTION 2. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~ !7'/L day of ,(~j'/ ~ , 2007.
PERK R. McNEILL, MAYOR
ATTEST:
JE IFER WALTERS, ITY SECRETARY
BY: ~ Q._.
APPROVED A LEGAL FOR
EDWIN M. ER, C TORNEY
BY:
MEMORANDUM OF DISTRIBUTION
THE STA"fE OF TEXAS {}
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON { }
SENNETT KIRK, Independent Executor oPthe Will and Estate of Walter S. Ilarpool, Deceased,
has distributed to the City of Denton as Beneficiary, the undivided one-half (1/2) ownership of Walter S.
Harpool, Deceased, in the 1973 Steel Wide Vision Cupola Caboose; manufactured by International
Railcar, ID # MP 13622, as set forth in the "First Codicil to the Last Will and Testament of Walter S.
f Iarpool", dated March 7, 2006. The Estate of Walter S. Harpool has relinquished all right, title, and
interest in and to his said undivided one-half interest in such Caboose, subject to the following conditions
subsequent contained in such Codicil, which is found under Cause No. PR-2007-00071 in the Probate
Court of Denton County. Texas:
1. "I'he City will place a plaque on the Caboose reflecting that it was donated to the City by
the Harpool families in appreciation of the dedication and meritorious service of Mayor
Euline Brock (1998-2006); and
2. If the City does not retain ownership and possession of the Caboose and regularly utilize
it for a public purpose for at least ten years after January 28, 2007, the date of death of
Walter S. Harpool, then all of the City's interest in the Caboose shall cease, automatically
and without further action, and the Caboose and the present and remainder interest
therein shall immediately go to and become the property of the "Peace on the Rock"
ministry, Aubrey, Texas.
TO HAVE AND TO HOLD unto the City of Denton forever, but subject to the executory interest,
reverter, arid limitation as stated in such Codicil.
Signed on April ~ ~ , 2007.
C vJ u PN < I!
Sennett Kirk
Independent Executor
THE STATE OF TEXAS {}
COUNTY OF DENTON {}
This instrument was acknowledged before m~y Sennett Kirk, as Independent Executor of the
Estate of Walter S. Harpool, Deceased, on April ~~ , 2007.
PAMELA S. CAIESi~,•'E MY COMMISSION EXPIRES
NnYember18,2009 Notary Public, State of Texas
Afenmrnnr/um ofDixlr'ibution-Hurnonl-Page I
ACCEPTANCE:
The City of Denton, acting by and through its undersigned authorized officer, who has the
authority to bind the City of Denton to such a commitment, accepts title and possession of the undivided
one-half interest of Waller S. Harpool in the Caboose belonging to Mr. and Mrs. Walter S. Harpool and
accepts the terms, executory interest, reverter, conditions subsequent, and limitations as set forth in such
First Codicil to the Last Will and Testament of Walter S. Harpool, found of record in the County Clerk's
Office of Denton County, Texas, in Cause No. PR-2007-00071 in the Probate Courl of Denton County,
Texas.
Signed on April
t- , ?007.
THE STATE OF TEXAS {}
COUNTY OF DENTON {}
f~'--~
City Manager
City of Denton, Texas
This instrument was acknowledged before me by GEORGE PL1mPifi~L (_ , as
City Manager of the City of Denton, Texas, on April (7 , ?007.
P%%:," LINDA HOLLEY
Notary Public, Shte of Texas
My Commission Expires
prof, „\+`` Dacsmoor tl8, 4tltl9
otary Public, State ofTexas U
APPROVED A5 TO
CITY ATTOR
CITY OF TONi
BY:
64emormalum ofDisn'ibulion - Hornno(-Nags 2
MEMORANDUM OF GIFT
THE STATE OF TEXAS {}
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DI:NTON {}
1, ROSE MARIE HARPOOL, whose address is 1921 Laurehvood Drive, Denton, Texas, for and
in consideration of my respect and regard for the City of Denton, Texas, and in honor of the dedication
and service of Mayor Euline Brock (1998-2006), hereby donate and gift to the City oC Denton, Texas, my
one-half (I/2) undivided ownership in the 1973 Steel Wide Vision Cupola Caboose, manufactured by
International Railcar, ID # MP 13622, which is described in the "First Codicil to the Last Will and
Testament of Walter S. Harpool,", deceaed, dated March 7, 2006. I relinquish all of my right, title, and
interest in and to my said undivided one-half interest in such Caboose, subject to the following conditions
subsequent which are also contained in such Codicil, found under Cause No. PR-2007-00071 in the
Probate Court of Denton County, Texas:
1. The City will place a plaque on the Caboose reflecting that it was donated to the City by
he Harpool families in appreciation of the dedication and meritorious service of Mayor
Euline Brock (1998-2006); and
2. If the City does not retain ownership and possession of the Caboose and regularly utilize
it for a public purpose for at least ten years after January 28, 2007, the date of death of
Walter S. Harpool, then all of the City's interest in the Caboose shall cease, automatically
and without further action, and the Caboose and the present and remainder interest
therein shall immediately go to and become the property of the "Peace on the Rock"
ministry, Aubrey, Texas.
TO HAVE AND TO HOLD unto the City of Denton forever, but subject to the executory interest,
reverter, and limitations as statgd above and in such Codicil.
Signed on April ~, 2007.
Rose arie Harpool ~-
THE STA"1'E OF TEXAS {}
COUNTY OF DENTON {}
This instrument was acknowledged before mnose Marie Harpooloolo~ ~,
2007.
PAMELA S.CAlES
MY COMMISSION EXPIRES
November 19, 2009 Notary Public, State of Texas
dlernnrarrdrvm o!G!(t - Hurnool - Pabc 1
ACCEPTANCE:
The City of Denton, acting by and through its undersigned authorized officer, who has the
authority to bind the City of Denton to such a commitment, accepts title and possession of the undivided
one-half interest of Rose Marie Harpool in the Caboose belonging to Mr. and Mrs. Walter S. Harpool and
accepts the terms, executory interest, reverter, conditions subsequent, and limitations as set forth in the
Memorandum of Gift of Rose Marie Harpool to the City of Denton, Texas and in the Firs[ Codicil to the
Last Will and Testament of Walter S. Harpool, found of record in the County Clerk's Office of Denton
County, "texas, in Cause No. PR-2007-00071 in the Probate Court of Denton County, Texas.
Signed on April ~~, ?007.
c
City Manager
City of Denton, Texas
THE S"tA"fE OF TEXAS {}
COUNTY OF DENTON {}
This instrument was acknowledged before me by GEORGE CiJ/n/~.O61~ , as
City Manager of the City of Denton, Texas, on April __~_, ?007.
o`w~6"o'(•., LINDA HOLLEY L/ ~~
Notary Public, State of Texas ,17'~~-~
t_ nnycornmission s0ovs otary Public, State ofTexa
f^" oaoomao~ oe~
A4emorandunr olG7(r - Homon!- Pagc 2