2015-005ORDINANCE NO. 2015-005
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE A WRITTEN NOTICE OF TERMINATION
THEREBY TERMINATING THE CONTRACT OF SALE BETWEEN THE CITY OF
DENTON, TEXAS ("CITY") AND DOROTHY NELL COOK N/K/A DOROTHY NELL
MCDUFF ("SELLER") FOR THE SALE AND PURCHASE OF A 10.154 ACRE TRACT
SITUATED 1N THE T. TOBY SURVEY, ABSTRACT NO. 1285, LOCATED IN THE CITY
OF DENTON, DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Denton, Texas ("City") and Dorothy Nell Cook n/k/a Dorothy Nell
McDuff ("Seller") executed a certain written Contract of Sale ("Contract") with an effective date
of July 15, 2014 by City of Denton Ordinance No. 2014-211, for the purchase and sale of a
10.154 acre tract situated in the T. Toby Survey, Abstract No. 1285, located in the City of
Denton, Denton County, Texas ("Property");
WHEREAS, the Contract provides the City (i) a 180-day feasibility period to determine if the
Property is suitable for its intended use or purpose, and (ii) the unrestricted right to unilaterally
terminate the same, and have its earnest money returned, if the City determines the Property is
not suitable for its intended use or purpose;
WHEREAS, the feasibility period in the Contract ends on Sunday, January 11, 2015 but is
extended to the next business day, Monday, January 12, 2015, under the terms of the Contract;
WHEREAS, City staff has determined that the Property is not suitable for its intended use or
purpose and desires to terminate the Contract, and receive a refund of its earnest money, by
providing a written notice of termination to the Seller as allowed under the terms of the Contract;
and
WHEREAS, the City Council finds that the termination of the Contract is in the best interest of
the public; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The recitations and iindings contained in the preamble of this ordinance are
incorporated as findings herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the written
notice of termination (attached as Exhibit "A") on behalf of the City and delivering the same in
accordance with the terms of the Contract.
SECTION 3. This ordinance shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the �� ��_ day of �(���j�-�lJ.�./�, ... ..._, 2015.
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�`1 ���1�" �'"�hT"l`�, MAYOR �..._.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �, �..
Exhibit "A"
NOTICE OF TERMINATION
CONCERNING THE CONTRACT FOR SALE, EFFECTIVE JULY 15, 2014 AND
AUTHORIZED BY ORDINANCE NO. 2014-211, BETWEEN THE CITY OF DENTON,
TEXAS ("CITY") AND DOROTHY NELL COOK N/K/A DOROTHY NELL MCDUFF
("SELLER") FOR THE PURCHASE AND SALE OF A 10.154 ACRE TRACT
SITUATED IN THE T. TOBY SURVEY, ABSTRACT NO. 1285, LOCATED TN THE
CITY OF DENTON, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED ("PROPERTY").
1. The City of Denton, Texas has determined that the Property is not suitable for
the City's intended use or purpose.
2. The City, as allowed under paragraph 4.01 of the Contract, exercises its
unrestricted right to unilaterally terminate the Contract and does terminate the same under
authority given to the City Manager by Ordinance No. 2015- PJ� passed by the City
Council of the City of Denton, Texas, on January 6, 2015.
3. Release of the earnest money is governed by the terms of the contract.
CITY OF DENTON, TEXAS
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CITY MANAGER
APPROVED AS TO LEGAL FORM:
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Solo Page - Notice of Termination (McDuf�
Exhibit "A"
Legal Description
METES 8c BOUNDS DESCRIPTION
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Thence North 00 Degrees 29' S4" East along a fence, a distance of 578.23 feet to an iron stake for
corner;
Thence North 88 Degrees 43' S0' West, along a fence line, a distance of 776.76 feet to an iron stake for
corner in a fence along the east right-of-way l�ne of a County Road;
Thence South 2 Degrees ] 1' 40" East along a fence in the aforesaid east right-of-way line of a County
road, a distance of 505.35 feet to an iron stake for corner;
Thence South ] 9 Degrees 51' 22" East along said fence a distance of 47.05 feet to an iron stake for
corner;
Thence South 36 Degrees 30' 30" East along said fence, a distance of 45.63 feet to an iron stake for
corner in the north right-of-way line of Farm-to-Market road No. 1515;
"C1roc�N�aw�: ���atl� �4K� I'�<���rees 13' S4" East along a t�r�a;,� 3�� ��cici t�orll5 ��ight-of-way line of Farm-to-Market
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