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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. t°� I:�'�i X�rt.n�.,Y � � . ��. ��i,,. �4��. � � '�.. ti � `�,� "��x�"'� �`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 �. .M� � � ��, � , ,°� � """ � rv � p � ��.�.`�A�� � .��-.��....� "� �,��� „,,�.,,,,,,,,, � k � G�O���;�E +�'�. C;�l"� i����±� ��. L�..a� , CITY MANAGER APPROVED AS TO LEGAL FORM: � BY: ,� � �� ������J����.�.� .�,. ..........��._.a. , , �,�� ���"��""� .r�"�"'TORNEY Solo Page - Notice of Termination (McDuf� Exhibit "A" Legal Description METES 8c BOUNDS DESCRIPTION � pl i��,t��� ��t�����r 1r��, t�e��1. +��� �rzac�c� a�rf` i��a�l �it����,��i �a� ��1�� �:aaa����y e�4" ���e�t��nt„ ;����6� �a�` �"�:��;�, ����sa �� � 0a���t'd <rl ��t� "T"��c���r;�� "t"'c�8�"" ����'��g� p�,�����axd.�r� t�� �1����3�s �:. 1➢�1s�;:��,��,N �,�r e�+;�������� 1�� l'"�i���t I���� �� � ��a9�.r�t�ts �, �ta�#:u�a�a� l�a�. I���, �cri� �i��a, i��, ��sG�tro� R��r:��� ��9�� ������t �f a� ����.k��� ��r� lr°��t �a�' l��d�a� �ts�t a���" t��� :�w���� s��� w��y �c��zv����d �ay .1i������� i� iJo����u•��������, s� I�irs� �����, �ui I.��r�S��� �'va�o���y, l�,��a�r I���►��a 8�'C�rr��r �i l�E�sy,��� `�+������*a1 ����� V���- C�K����r<ti��d �����°�a�*� �� 1�;���, ���` "�"4����°���x {:��+���tt�, "J'�:x��� ��r�r�i '���i�� »�� '��l��rw, ���rw��� ��+ 1���m�� l�r��a����d'; i��;���r� Ck ��IIUr°�, c�i l�r� s���°r:� �'.:s��a�ady, "]"r.xrt�, t�r .9,1"���+��rw ���,y;��a°, � tt��cl c9���c�� NCa�r��t°�l��t• 4 � �`"��,� �zry�� aal�c���s� �i ro'�a��a�°�# i�� �Acr�i����� ��'� °�, i�� � ��)�� cad°C��a 1����d 1"4.�:c^���c��; �a�" 1�s���rta��7 �"a��i���y� "�'exas, ����r� ��ci��� �����ai �. ����N�N���ra��u�°E�� a3���r�l���� l�� r����yd�A� �x��� l��a������s as {'���I��r:�,1�s-r�it: li��?�a��d��C�Ca �� rrya ir�<��°o sq�9�� �'c���z4�:���:1 i���� a fence along the north right-of-way line of State of Texas 1�;��•���-�t�-&'��r��.R i��sy�c1 �c� ! 5 I 5� ���a� '��°��� stake being located north 89 Degrees 13' 11" West a distance �f 4���U d"e�t, �����i �����tl� �� I:�����,^c�� "��" 54" East a distance of 63.0 feet from an iron stake in the ��szd�l��s��� cxa�-N���- ��° tl�� „��l�r� �����i� ;�a�r�^�y, Patent 1�0. 162, Volume 15, Abstract No. 326; 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 Xtr��a�9 I�� b"� ��� t� �!'�,tance of 709.12 feet to th� �,��a�:� �� la��$i►7nin�; and containing a 10.154 ac��s of ih����l� ,�� ���� v�ycr.1 �a�a thc �round by I.N. Griffin, I"u�t�;� ������t�vred 1'u�lic Land Surveyor on the 28 day �C��tcal�c��°q N".���1,