2004-189S:\Our Documents\Ordinances\04\Wrenn Real Estate Approval. DOC
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN DEBORAH J.
WRENN AS SELLER AND THE CITY OF DENTON, TEXAS AS PURCHASER FOR A
TRACT OF LAND COMMONLY KNOWN AS 1110 E. SYCAMORE LOCATED IN THE
CISCO SURVEY, ABSTRACT 1184 IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Real Estate Contract attached hereto and made a part hereof by
reference (the "Contract") is hereby approved. The City Manager or his designee is hereby
authorized to execute the Contract on behalf of the City and to carry out the City's rights and
duties therein, including the expenditure of funds provided therein.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 6~ dayof ~'~ ,2004.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO FORM:
HERBERT L. PROUTY, CIT~ 'ATTORNEY
STATE OF TEXAS
COUNTY OF DENTON
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE is made by Deborah J. Wrenn, (hereinat~er referred to'as
"Seller") and CITY OF DENTON, TEXAS, a home rule munioipality, 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 of land descn~oed as Solomon Hill 3, Block 4, Lot 11 located in the Cisco
AbstraCt 1184, also known as 1110 E. Sycamore, said traCt is described in "EXHIBIT A" and
further illustrated in "EXB~IT B", attached herein, 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 tvnus,
provisions, and eunditions hereinafter set forth.
PURCHASE PRICE
Amount of Purchase Price. The total purchase price for the Property shall be the sum
of Nine Thousand Dollars and No Cents ($9,000.°°) (the '~Purchase Price").
Payment of Purchase Price. The full amount of the Purchase Price shall be payable in
cash at the closing.
III.
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 ten (10) business days after the date hereof, Seller, at
Purchaser's sole cost and expense, shall have caused the Title Company (hereina~er defined) to
issue a owner's policy commitment (the "Commitment") accompanied by copies of all recorded
documents relating to easements, rights-of~way, etc., affecting the Property. Purchaser shal! give
Seller written notice on or before the expiration often (10) business days m%r Purchaser receives
the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory.
In the event lhlrcha.q~r states the condition of title is not satisfactory, Seller shall; at Sellers
option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable
satisfaction 0fPurchaser. In the event Seller is unable to do so w/thin ten (10) business days at~er
receipt of written notice, Purchaser, at its option may elect to t~mdnate this Agreement (in which
event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to
closing. 'Purchaser's Yalh~re to give Seller this written notice shall be deemed to be Purchaser's
acceptance of the commitment.
2. Survey. Purchaser, at Purchaser's sole cost and expense, shall 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 total acreage comprising the
Property, together with a metes and bounds description thereof. Following delivery of the
Survey, the parties agree to amend this Contract to substitute the metes and bounds description of
the Property set forth on the Survey for the current description set forth herein if the current
description is different from that set forth in the Survey.
Purchaser will have ten (10).business days at~er receipt of the survey to review and approve
the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10)-
business day period, give Seller written notice of this fact. Seller shall, at Seller's option,
promptly undertake to eliminate or modify the unacceptable portions of the survey to the
reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10)
business days after receipt of written notice, Purchaser, at its option may elect to terminate this
Agreement (in which event this Agreement shall be null and void), grant Seller additional time to
cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed
to be Purchaser'sacceptance of the survey.
3. Seller's Compliance. Seller shall have performed, observed, 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 Pureha.~er 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.
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. Seller has complied w/th all applicable laws, ordinances, regulations, statutes, roles and
restrictions relating to the Property, or any part thereof.
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 they are defined by the
Resource Conservation and Recovery Act (RCRA), as mended, and the
Comprehensive Environmental Response Compensation and Liability Act (CERCLA),
CLOSING
The closing shall be held at the office of First American Title Insurance Co~L~oany, 1100
Dallas Drive, Suite #112, Denton, Texas 76205 on or before July 31, 2004, 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").
VI*
CLOSING REQUIREMENTS
1. Seller's Requirements. At the Closing Seller shall:
A. Deliver to the City of Denton a duly executed and acknowledged Special
Warranty Deed conveying good and marketable title in fee simple to all of the
Property, free and clear of any and all liens, leases, encumbrances, conditions,
assessments, and restrictions, except for the following:
L 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
Purcha.~er~s Obligations hereof; and
3. Any exceptions approved by Purchaser in writing.
B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole
expense, issued by First American Title Insurance Company, Denton, Texas, (the
"Title Company"), or such title company as Seller and Purchaser may mutually agree
upon, in Purchaser's favor inthe full amount of the purchase price, insuring fee simple
title for the City of Denton 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 it shall be Ix)me by Purchaser;
2. The exception as to restrictive covenants 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";
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.
D. Seller .qhall not be respons~le for any applicable rollback taxes.
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 customary and standard costs and expenses of closing in
consummating the sale and purchase of the'Property not specifically allocated herein shall be paid
by the Purchaser, except each party will be responsOle for its own attorney fees.
4
REAL ESTATE COMMISSION
Seller and Purchsaer represent and warrant to each other that neither haa retained a broker
for this transaction and that there are no broker or real estate fees due as a result of the
consummation ofthla contract.
BREACH BY SELLER
If Seller fafla to fully and timely perform any of its obligations under thia Contract or fails
to consummate the sale of the Property for any reason, except Buyer's default, Buyer may enforce
specific performance of this Contract.
BREACH BY PURCHASER
In the event Buyer faih to consummate the purchase of the Propetty, if Seller is not in
default under this Contract, Seller will have the fight to enforce specific performance of thia
Contract.
Ko
MISCELLANEOUS
1. Assignment of Agreement. Purchaser may assign this Agreement without the express
written consent of Seller.
2. Survival of Covenants. Any of the representations, warranties, 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 oftbe Party.
a. Seller's agent.for purposes of notice shall be: Deborah J. Wrenn, 1108 E. Sycamore Street;
Denton, TX 76205-6276.
b. Purchaser's agent f~r the purposes of notice shsll be: Edwin Snyder, Deputy City Attorney,
City of Denton, 215 East McKinney Street, Denton, Texas, 76201
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 provisions contained in this
Agreement shall for any.reason be held to be invalid, illegal, or unenforceable in any respect, said
invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as ff 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 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 thi~q Agreement suitable for filing of record.
11. Compliance.. In accordance with the requirements of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtains a policy of title
insurance or Purchaser should have the abstract covering the Property examined by an attorney of
Purchaser's own selection.
12. Effective Date. Thc term "Effective Date" means the latter of the dates on which this
Contract is signed by either Seller or Purchaser, as indicated by their signature below. If the last
party to execute this Contract fails to complete the date of execution below that party's signature,
the date the Title Company acknowledges receipt of a copy of this fully executed contract is the
Effective Date.
IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows:
SELLER:
Date:
PURCHASER:
Michael A. Conduff
City Manager
215 E. McKinney
Denton, Texas 76201
Date: 7~ ~) "~ 4
APPROVED AS TO FORM:
CITY ATTORJ~EY .
BY: ~ J
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
The Title Company acknowledges receipt Of the fully executed Contract on
,2004.
dayof __
TITLE COMPANY:
N'axne:
Address:
By:
Printed Name:
Title:
First American Title Insurance Company
1100 Dalla~ Drive, Suite #112
Denton, Texas 76201
Telephone: 940-383-2357
EXHIBIT A
LEGAL DESCRIPTION
Lot 11, Block 4, of SOLOMON HILL ADDITION NOi THREE, an addition to the City of
Denton, Denton County, Texas, according to the Plat thereof recorded in Volume 183, Page 84,
of the Plat Records of Denton County, Texas.
Exhibit B
TO ALL PARTIES DIRECTLY INTERESTED IN THE PREMISES SURVEYED
I have this date directed a careful and accurate survey made on the ground o! the property located at
1110 SYCAMORE STREET In the City of Denten~ Denton County, Texas and being Lot 11, In Black 4,
of SOLOMON HILL ADDITION NO, THREE, an addition to tho City of Denton, Denton County, Texas,
according to the Plat thereof recorded in Volume 183, Page 84, of the Plat Records of Denton County,
Texas.
1" 30'
LOT13 ~
--Itt~-
EAST S0.00'
LOT 11
BLOCK
(~1/2' BQ TUBE
I BLOCK
LOT 12 : '~ LOT 10 LOT8 LOT6
.......... .{,,,'?_.. zo _ .~,~,~ ........ :°.'_ ~:_,.~_ .............. _
SYC~AMORE STREET
(*o' n.o.w.)
IRS/CAP
4- LOT 9
IRS/CAP
~ WEST $0.00' o- o
LOT_ 1"t. · ?'~n~.. hOT ,12 [ LOT `10
JOB f) 97368