2015-006ORDINANCE NO. 2� 1 S-OOC
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 EVERETT F. COOK AND JOY L. WALTERS
(COLLECTIVELY "SELLER") FOR THE SALE AND PURCHASE OF A 5.89 ACRE TRACT
SITUATED IN 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 Everett F. Cook and Joy L. Walters
(collectively "Seller") executed a certain written Contract of Sale ("Contract") with an effective
date of July 15, 2014 by City of Denton Ordinance No. 2014-210, for the purchase and sale of a
5.89 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 1. The recitations and fndings 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 ��pf�C day of 2015,
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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,N �'���"G'� � i�.'� TO LEGAL FORM:
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ANITA BURGESS, CITY ATTORNEY
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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 DE�TTON,
TEXAS ("CITY") AND EVERETT F. COOK AND JOY L. WALTERS
(COLLECTIVELY "SELLER") FOR THE PURCHASE AND SALE OF A 5.89 ACRE
TRACT SITUATED IN TH� T. TOBY SURVEY, ABSTRACT NO. 1285, LOCATED IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIB�D 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- Q� 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:
BY:
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Solo Page - Notice of Termination (Cook & Walters)
EXHIBIT `�A"
Legal Description
METES 8r. BOUNDS DESCRIPTION
All that cerfain tract or parcel of land situated in Denton County, Texas and being part of the T. Toby Survey,
Abstract No. 1285 and being more particularly described as follows:
Beginning at the southwest corner of fa 41.629 acre tract conveyed to the City of Denton by J, Newton Rayzor
at an iron pin being in the East line of'tlle paved couiity road FM #1515, Airport Road;
'I.�a��r��� �ia�rt�r ��, ����°��� 2��� 1,���a�;t� s�r a�r���������� ��f� G��� ���t to 7n iron pin for corncr; �
�°dr�r���� �n�.qt��� �ZU ��t���,r��:� 5��" l����� �� ��i;�t;;ak��� ��1"��1�11'��t t� an iroii p�n for c�rnei';
"I"t����� `�����t.N� "�� C��������;�� ��" l���5�� ��a cii;��;���i���;a� �ri� �:��'� t���c�t to an iron pin for corne�;
'I"N��rtc�c �t�w.�ii� (3� f�c�x��w ���' S�"��' "1�,d�wt �s ���li:�i�s7�� sbf° N� I lcet to an iron piix for cc�rner;
'M'Yt�a����� ����°1��� 2�� L��;��w��� �:�' S�'° "i�"��� ��1�'����� ��"t�r���� �ine a distance of 77G.7G fect to an iron stake for corner
�s� (c����c n��������; i;°i„w� �r��� �1"�:<��.�N��v �•�a�+.d;
1 I�r^w�r�a� ���i�t�a � ID��,����c��,�, ��' "�'���;1 �ro c�a�d�����, ���"����t� ����;1 to an iron pin;
`�"l���wt,� ���r���� .�� �����t„�,„ �i�" '�'c�[ �� �Ii�C�d���.� �1�" 1�4�� feet to the Place of Beginning containing 5.89 acres,
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