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ORDINANCE NOdt"0 7.3
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND ROBERT H CALDWELL, III, ELLEN E CALDWELL, LAURA C
CALDWELL AND JAMES H CALDWELL, RELATING TO THE PURCHASE OF 0 2927
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 Robert H Caldwell, III, Ellen E Caldwell, Laura C Caldwell
and James H Caldwell 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 2927 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 nn
PASSED AND APPROVED this the0(J'� day of , 2000
&d4' , Ae'k-
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
AAROVECAS TO LEGAL FORM
HERBERT L PROUTY, CITY A ORNI
BY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between ROBERT H
CALDWELL, III, ELLEN E. CALDWELL, LAURA C CALDWELL AND JAMES H
CALDWELL (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 property, 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 set forth Seller shall pay all cost for the removal,
installation, construction, reinstallation, reconstruction, labor
and materials for any and/or improvements located within the
property described in Exhibit "A" Any improvements not removed by
May 1, 2001 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 $40,000 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
�/ 7
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 Surve 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
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
AEE008FE PAGE 2 /0t4&___
REPRESENTATIONS OF SELLER
Seller hereby represents to Purchaser as follows, which
representations 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, except for Robert H Caldwell, Jr owns a small storage
building which is not attached to the land except by gravity
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 best 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
CLOSING
The closing shall be held at the office of First American Title
Company, 300 North Elm Street, Denton, Texas 76201 on or after
January 1, 2001, and more specifically the closing date shall be
January 26, 2001 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")
CLOSING REQUIREMENTS
1 Seller's Requirements At the closing Seller shall
A Deliver to City of Denton a duly executed and
acknowledged Special Warranty Deed in the form as attached
hereto as Exhibit "B" conveying all the right, title, and
interest of Seller 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
2000 and for the year of closing through
AEE008FE PAGE 3 Ge"
AEE008FE
the date of closing and subsequent years
not yet due and payable,
2 Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations hereof,
and
3 Any exceptions approved by Purchaser in
writing.
8 Purchaser to obtain a Texas Owner's Policy of Title
Insurance at Purchaser's sole expense, issued by First
American Title Company, Denton, Texas, (the "Title
Company„ ), or such title company as Seller and Purchaser
may mutually agree upon, 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" as to
2001, and
4 The exception as
the Property shall
Record"
to liens encumbering
be endorsed "None of
C The Special Warranty deed contemplated hereto shall
contain the following statement "The property hereby
conveyed is the separate property and estate of each of the
Grantors herein Each Grantor is conveying their 1/4
undivided interest in the Property "
PAGE 4
D Deliver to Purchaser possession of the Property on May
1, 2001, 12 01 A M , Central Standard Time
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 Purchaser shall pay all taxes assessed by
any tax collection authority for the years 2000 and 2001 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, including any escrow
or closing fees charged to Sellers customarily or otherwise, 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.
MISCELLANEOUS
1 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 one year period
of time following the closing of the transactions contemplated
hereby shall survive the closing and shall not be merged therein
Survival of Covenants shall terminate one (1) year after the date
of closing
AEE008FE PAGE 5
2 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
3 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
4 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
5 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
6 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
7 Time of Essence Time is of the essence in this Agreement
8 Gender Words of any gender used in this Agreement 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
9 Memorandum of Contract Upon request of either party, both
parties shall promptly execute a memorandum of this Agreement
suitable for filing of record
10 Compliance In 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
AEEOOBFE PAGE 6
11 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
12 It is understood and agreed by the Purchaser and Seller
that this transaction is a sale of land in gross and not by the
square foot or acre and fractions thereof The Special Warranty
Deed contemplated by the parties hereto shall contain the following
statement verbatim, to -wit
"It is understood and agreed that the parties hereto that this
transaction is a purchase and sale of land in gross and not by
the square foot or acre and fraction thereof Seller does not
warrant the area content of the tract of land conveyed "
14 Seller's tenant, Robert H Caldwell, Jr owner of the
small storage building located, but not attached on or to, the
property, shall have until April 31, 2001 to remove said small
storage building to another location
DATED this YA day of,DeceMj5* Y% , 2000
SELLER
i�
Robert H Caldwell, JrY as
Attorney -in -fact for
Robert H Caldwell, III,
Ellen E Caldwell, Laura C
Caldwell and James H Caldwell
STATE OF TEXAS
COUNTY OF he Ap
PURCHASER
THE CITY OF DENTON, TEXAS
s l A) _Rf4�J
Mich 1 J
City Ma g r
215 E Mc nney
Denton, Texas 76201
This instrument is acknowledged before me,
_%AcW� 2000 by Robert H Caldwell, Jr
u OlIA•va A VOlYAOii•
00000000000000000000000000
ROGER N WILKINSON
AEE Notary Public State of Texa000oW PAGE 7
My Commission Expires'.��
c-,=00=000000000000
APPROVED AS TO FORIA
CITY ATTOR Y,
CITY OF ON, S
i;Y
on g day of
as Attornev-in-fact for
Laura C
0
Up s Publl� )A
of 19P5
STATE OF TEXAS
COUNTY OF DENTON
T' s ins(��r�ument is acknowledged before me, on this �� day of_
2000 by Michael W Jez, City Manager, of the City of
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 or ance of the City Council of
the City of Denton and that he exec a the same as the act of the
said City for purposes and conside t on therein expressed, and in
the capacity therein stated n ��
�offf//- -,� - -\\\. ANN FORSYTHE Notasy'Publi
�c. Notery Publlc, Stete of Texes the State of
My CommlcNan 6xpiree
AEE008FE PAGE 8
EXHIBIT "A"
All that certain tract or parcel of land situated in the City of Denton, County of Denton
and State of Texas, about one mile east of the public square in said City of Denton and
being a part of the Hiram Cisco 320 acre surve�, and a part of a certain two acre lot or
tract deeded by C Metz to B F Taylor on the 5` day of May, 1891 and recorded in Vol
45, Page 400, Deed Records of Denton County, Texas and more particularly described as
follows, to wit
BEGINNING at the Southeast comer of said two acre tract
THENCE West with the South boundary line of the same 85 feet, more or less,
THENCE North parallel with the East boundary line 150 feet, more or less,
THENCE East 85 feet to the East boundary line of said two -acre tract, more or less,
THENCE South with the East boundary line 150 feet to the PLACE OF BEGINNING
(Said property being bordered on the South by the North line of East Oak Street and the
East line of Frame Street -lies south of McKinney Street east of the railroad tracks )
EXHIBIT "B"
SPECIAL WARRANTY DEED
Date
Grantor Robert H Caldwell, III, Ellen E Caldwell, Laura C
Caldwell and James B Caldwell (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 N0/100 ($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 All attached hereto and by
this reference being made a part hereof for all purposes The
property hereby conveyed is the separate property and estate of
each of the GRANTORS herein Each GRANTOR is conveying their 1/4
undivided interest in the Property
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 sub3ect 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 GRANTEE'S heirs, executors, administrators, successors
and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, by through or under
GRANTOR, but not otherwise This conveyance is made subject to
all ad valorem taxes for the year 2000 and subsequent years
It is understood and agreed that the parties hereto that this
transaction is a purchase and sale of land in gross and not by the
square foot or acre and fraction thereof GRANTOR does not
warrant the area content of the tract of land conveyed
When the context requires, singular nouns and pronouns
include the plural
Robert H Caldwell, Jr as
Attorney -in -fact for
Robert H Caldwell, III,
Ellen E Caldwell, Laura C
Caldwell and James H Caldwell
2603 Jamestown In
Denton, Texas 76201
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument is acknowledged before me, on this day of
, 2000 by Robert H. Caldwell, Jr. as Attorney -in -fact
for Robert H Caldwell, III, Ellen E Caldwell, Laura C Caldwell
Deed-2
Dat .r'f.1/i-1 �,�
'•
FATk7 2# L�
f 45f
1..
SPECIAL ve
14TY DEED
006779
Grantor: Robert H. Caldwell, III, Ellen E. Caldwell, Laura C
Caldwell and James H. Caldwell (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 N0/100 ($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 All attached hereto and by
this reference being made a part hereof for all purposes. The
property hereby conveyed is the separate property and estate of
each of the GRANTORS herein. Each GRANTOR is conveying their 1/4
undivided interest in the Property
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,
1 . fi jJ t_. V
O
ca
-,J
1-D
4760 01380
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 GRANTEE'S heirs, executors, administrators, successors
and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, by through or under
GRANTOR, but not otherwise. This conveyance is made subject to
all ad valorem taxes for the year 2000 and subsequent years.
It is understood and agreed that the parties hereto that this
transaction is a purchase and sale of land in gross and not by the
square foot or acre and fraction thereof. GRANTOR does not
warrant the area content of the tract of land conveyed.
When the context requires, singular nouns and pronouns
include the plural.
r44.Y+7'of- '
Robert H. Caldwell, Jr. s
Attorney -in -fact for
Robert H. Caldwell, III,
Ellen E. Caldwell, Laura C.
Caldwell and James H. Caldwell
2603 Jamestown Ln.
Denton, Texas 76201
ACKNOWLEDGMENT
STATE OF TkXAS
COUNTY OF
is instrument is acknowledged before me, on this `/ day of
2000 by Robert H. Caldwell, Jr. as Attorney -in -fact
For Robert H. Caldwell, III, Ellen E. Caldwell, Laura C. Caldwell
and James H. Caldwell.
a 0� 4�-
Notary Public
State of Texas
TRACIL.DELCAMBRE
NOTARY PUBLIC
STATE OF TEXAS
My Comm. UP. 08-08-2004
4760 01381
EXHIBIT "A"
All that certain tract or parcel of land situated in the City of Denton, County of Denton
and State of Texas, about one mile east of the public square in said City of Denton and
being a part of the Hiram Cisco 320 acre survey, and a part of a certain two acre lot or
tract deeded by C. Metz to B.F. Taylor on the 5` day of May, 1891 and recorded in Vol.
45, Page 400, Deed Records of Denton County, Texas and more particularly described as
follows, to wit:
BEGINNING at the Southeast corner of said two acre tract:
THENCE West with the South boundary line of the same 85 feet, more or less;
THENCE North parallel with the East boundary line 150 feet, more or less;
THENCE East 85 feet to the East boundary line of said two -acre tract, more or less;
THENCE South with the East boundary line 150 feet to the PLACE OF BEGINNING.
(Said property being bordered on the South by the North line of East Oak Street and the
East line of Frame Street -lies south of McKinney Street east of the railroad tracks.)
a
°a768 8 11382
NNY PROV'S' HEREINWHrRED RESTRICTSTHEGALE,HENTA4OHbS,
HE STATE
DF T ENFDRCFABLE ND FEDEC'ARAL uCOLOR OR RACE
THE STATE OF TEXAS
COUNTY OF DEMON J
Mo 4ab and tlyia lime gairy��ey ryErom by me an'd%.tl Nro�eN��m OIMIZI R"N Reemtle of Heal Pr m Dmbn C®nry TevRaaC�RDED, L, Mr.
JAN 2 4 2001
COUNre CLERK
DBNTpN MUWN,, TENAS +
x
Filed for Record in:
DENTON COUNTY TX
CYNTHIA MITCHkLL, COUNTY CLERK
On Jan 24 2001
At 2:44pm
Receipt #:
3598
Recording:
9.00
Doc/Mgmt :
6.00
Doc/Num :
2001-R0006779
Doc/Type a
WD
Deputy -Jennifer