HomeMy WebLinkAbout2000-433S \Our Documents\Ordinances\00\Pbilbps Ordinance doe
ORDINANCE
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND FRANCILLE PHILLIPS AND ALBERT PEREZ, RELATING TO THE
PURCHASE OF 0 4626 ACRE OF LAND LOCATED IN THE HIRAM SISCO 320 ACRE
SURVEY, ABSTRACT NO 1184, FOR USE BY THE POLICE DEPARTMENT,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The City Manager is hereby authorized to execute a Real Estate Contract
between the City of Denton and Francille Phillips and Albert Perez in substantially the form of
the Real Estate Contract which is attached to and made a part of this ordinance for all purposes,
for the purchase of approximately 0 4626 acre of land for use by the police department
SECTION 2 The City Manager is authorized to make the expenditures as set forth in the
attached Real Estate Contract
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day of , 2000
&Aft4-'/tC-0-e"
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between FRANCILLE
PHILLIPS AND ALBERT PEREZ (hereinafter referred to as "Seller")
and CITY OF DENTON, TEXAS, a home rule municipality, of Denton,
Denton County, Texas, (hereinafter referred to as "Purchaser"),
upon the terms and conditions set forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser
hereby purchases and agrees to pay for all that certain tract,
lot or parcel of land described in Exhibit "A" attached with all
rights and appurtenances pertaining to the said property,
including any right, title and interest of Seller in and to
adjacent streets, alleys or rights -of -way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Property"), together with any improvements, fixtures, and
personal property situated on and attached to the Property, for
the consideration and upon and subject to the terms, provisions,
and conditions hereinafter not forth. Purchaser shall be
permitted to removal the existing metal building and wooden fence
and/or any improvements located within the property described in
Exhibit "A". Any improvements not removed by December 31, 2000
shall become property of the City of Denton, Texas
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of $65,000.00.
2. Payment of Purchase Price. The full amount of the
Purchase Price shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the
transactions contemplated hereby are subject to the satisfaction
of each of the following conditions any of which may be waived in
whole or in part by Purchaser at or prior to the closing.
1. Preliminary Title Report. Within twenty (20) days after
the date hereof, Purchaser, at Purchaser's sole cost and expense,
shall have caused the Title Company (hereinafter defined) to
issue a owners policy commitment (the "Commitment") 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 Commitment that the
condition of title as set forth in the Commitment is or is not
satisfactory. In the event Purchaser states the condition of
title is not satisfactory, Purchaser shall, at Purchaser's
option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser.
In the event Purchaser is unable to do so within ten (10) days
after receipt of written notice, this Agreement shall thereupon
be null and void for all purposes; otherwise, this condition
shall be deemed to be acceptable and any objection thereto shall
be deemed to have been waived for all purposes.
2. Survey. Purchaser may, at Purchaser's sole cost and
expense, obtain a current survey of the Property, prepared by a
duly licensed Texas land surveyor acceptable to Purchaser. The
survey shall be staked on the ground, and shall show the location
of all improvements, highways, streets, roads, railroads, rivers,
creeks, or other water courses, fences, easements, and rights -of -
way on or adjacent to the Property, if any, and shall contain the
surveyor's certification that there are no encroachments on the
Property and shall set forth the number of total acres comprising
the Property, together with a metes and bounds description
thereof.
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day
period, give Seller written notice of this fact. Purchaser shall,
at Purchaser's option, promptly undertake to eliminate or modify
the unacceptable portions of the survey to the reasonable
satisfaction of Purchaser. In the event Purchaser is unable to
do so within ten (10) days after receipt of written notice,
Purchaser may terminate this Agreement, and the Agreement shall
thereupon be null and void for all purposes and the Escrow
Deposit shall be returned by the Title Company to Purchaser.
Purchaser's failure to give Seller this written notice shall be
deemed to be Purchaser's acceptance of the survey.
AEEOOBFE PAGE 2
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
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. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, trespassers or other
parties.
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or
assessment or suit, affecting title to the Property, or any part
thereof, nor to the best knowledge and belief of Seller is any
such proceeding or assessment contemplated by any governmental
authority.
3. To the beet of the seller's knowledge, Seller has complied
with all applicable laws, ordinances, regulations, statutes,
rules and restrictions relating to the Property, or any part
thereof.
4. To the best of the seller's knowledge, there are no toxic
or hazardous wastes or materials on or within the Property. Such
toxic or hazardous wastes or materials include, but are not
limited to, hazardous materials or wastes as same are defined by
the Resource Conservation and Recovery Act (RCRA), as amended,
and the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA), as amended.
CLOSING
The closing shall be held at the office of First American
Title Company (formerly Dentex) on or before November 30, 2000,
or at such title company, time, date, and place as Seller and
Purchaser may mutually agree upon (which date is herein referred
to as the "closing date").
AEE008FE PAGE 3
CLOSING REQUIREMENTS
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to City of Denton a duly executed and
acknowledged Deed in the form as attached hereto as
Exhibit "B" conveying good and marketable title to all of
the Property, free and clear of any and all liens,
encumbrances, conditions, easements, assessments, and
restrictions, except for the following:
1. General real estate taxes for the
year of closing and subsequent years not
yet due and payable;
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Policy of Title
Insurance at Seller's sole expense, issued by First
American Title Company, Denton, Texas, (the "Title
Company"), in Purchaser's favor in the full amount of the
purchase price, insuring fee simple title to the Property
subject only to those title exceptions listed in Closing
Requirements hereof, 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 Policy of Title Insurance, provided, however:
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Purchaser;
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record";
3. The exception for taxes shall be
limited to the year of closing and shall
be endorsed "Not Yet Due and Payable";
AEE008FE PAGE 4
and
4. The exception as to liens encumbering
the Property shall be endorsed "None of
Record".
C. Deliver to Purchaser possession of the Property on
the day of closing.
2. Purchaser's Requirements. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in immediately available funds.
3. Closing Costs. Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing. All
other costs and expenses of closing in consummating the sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser and Seller, except for Seller's attorney
fees.
REAL ESTATE COMMISSION
All obligations of the Seller and Purchaser for payment of
brokers' fees are contained in separate written agreements.
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 except Purchaser's default, Purchaser may
either enforce specific performance of this Agreement or
terminate this Agreement by written notice delivered to seller.
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement by
written notice delivered to purchaser.
AEE008FE PAGE 5
MISCELLANEOUS
1. Assignment of Agreement. This Agreement may be assigned
by Purchaser without the express written consent of Seller.
2. Survival of Covenants. Any of the representations, war-
ranties, covenants, and agreements of the parties, as well as any
rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated
hereby shall survive the closing and shall not be merged therein.
3. Notice. Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States
mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the signature of the party.
4. Texas Law to APPly. This Agreement 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 Denton County, Texas.
5. Parties Bound. This Agreement 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 Agreement.
6. Legal Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as
if the invalid, illegal, or unenforceable provision had never
been contained herein.
7. Prior Agreements Superseded. This Agreement constitutes
the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the
parties respecting the within subject matter.
8. Time of Essence. Time is of the essence in this
Agreement.
9. Gender. Words of any gender used in this Agreement shall
AEE008FE PAGE 6
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
10. Memorandum of Contract. Upon request of either party,
both parties shall promptly execute a memorandum of this
Agreement suitable for filing of record.
11. Compliance. Sn accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that
it should be furnished with or obtain a policy of title insurance
or Purchaser should have the abstract covering the Property
examined by an attorney of Purchaser's own selection.
12. Time Limit. In the event a fully executed copy of this
Agreement has not been returned to Purchaser within ten (10) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
SELLER
DATED this day of C&A , 2000.
PURCHASER
THE CITY OF DENTON, TEXAS
B.
Francille Phi liY ps Michael T z
City Man er
215 E McKinney
Denton, Texas 76201
Al rt erez
RPPROVEO AS TO FOWVCITY OVEM AySE YCITY OF i]EI770P,,
AEE008FE PAGE 7
STATE OF TEXAS
/
COUNTY OF
f14
Th}P�s�$trument is acknowledged before me, on this day of
T0�/// ,,� , 2000 by 8rancille Phillips.
r
0000000000000000000000000
Nota Public in and for
*A0000000000000000 the State of Texas
STATE OF 28
COUNTY OB
This instrument is acknowledged before me, on this 1 day of
OpJ • , 2000 by Albert Perez.
00000000000000000000000000 —
w� ROGER N WILKINSON
O' Notary Public Stets of Texas
` My Cammisslon Expires� 1.1� Q
000000000000000000000000000pC%j
STATE OF TEXAS
COUNTY OF DENTON
Inx
Note-1y Public in and for
the State of Texas
is in trument is acknowledged before me, on this day of_
2000 by Michael W. Jez, City Manager, of the City
oFf Denton, a municipal corporation, known to me to be the person
and officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said City
of Denton, Texas, a municipal corporation, that he was duly
authorized to perform the same by appropriate ordinance of the
City Council of the City of Denton an that he executed the same
as the act of the said City forrpoeea and consideration
therein expressed, and in the capac y therein stated V
E Te]ME
lro
Noiktryy Public
the State of
AEE008FE PAGE 8
s
for
EXHIBIT "A"
All that certain lot tract of parcel of land situated to the City and County of Denton
state of the Him
Nn
ey. Abxtract No
aide off EottaOak Street In the said Clay oflDent Denton, l
194, on the North
and deurfbed bymetea and bounds
aq follows
BEGINNING at the Southwc%t torner of a lot In %aid %urvey sold by M S Stout
and ki F Schweer to Reid Smith;
Thent.e Wevt 65 feet.
Theme North 155 feet.
Thence East 65 feet
Theme South 155 feet to the plate of beginning
All the certain lot tract or panel of land situated In the City
and County
of4. andnton State
of Texas and belnt a pan of the Hiram Sixo Survey.
as follow3
BEGINNING 65 feet We It of the Southwest corner of a lot aold by Stout and
St.hweer to Reld Smith by deed rewrded it Book 54 Page 377. Dad Rc4ords of
Demon County Texas
Theme West 63 feet to 8 F Tuylur's onginul line
Theme North 135 feet
Thcme Eust 65 teet.
Theme South 155 feet to the plu�e of begotnmg
EXHIBIT "B"
WARRANTY DEED
Date:
Grantor:
Grantee: City of Denton
Grantee's Mailing Address (including county):
City of Denton
215 E. Mckinney Street
Denton, Texas 76201
Denton, County
Consideration:
TEN DOLLARS AND NO/100 ($10.00) and other good and valuable
consideration.
Property (including any improvements):
All those certain tracts of land being situated in the Hiram
Sisco Survey, Abstract No. 1184, Denton County, Texas and being
more particularly described in "EXHIBIT A" attached hereto and by
this reference being made a part hereof for all purposes.
Reservations From and Exceptions to Conveyance and Warranty:
Easements, rights -of -way, and prescriptive rights, whether of
record or not: all presently recorded instruments, other than
liens and conveyances, that affect the property.
GRANTOR , for the consideration, receipt of which is hereby
acknowledged, and subject to the reservations from and exceptions
to conveyance and warranty, grants, sells and conveys to Grantee
the property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and to hold
it to GRANTEE, GRANTEE'S heirs, executor, administrators,
successors or assigns forever. GRANTOR binds GRANTOR and
GRANTOR'S heirs, executors, administrators and successors to
Deed -1
warrant and forever defend all and singular the property to
GRANTEE and GRANTER'S heirs, executors, administrators, successors
and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty.
when the context requires, singular nouns and pronouns
include the plural.
ACKNOWLEDGMENT
STATE OF TEXAS S
COUNTY OF 5
This instrument was acknowledged before me on this day
of , 2000 by
Notary Public, in and for
the State of Texas
My Commission Expires:
STATE OF TEXAS S
COUNTY OF
This instrument was acknowledged before me on this day
of , 2000 by
Notary Public, in and for
the State of Texas
My Commission Expires. _
Deed-2