2003-014
FILE REFERENCE FORM
2003-014
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
X Other
FILE(S)
Date
Initials
All signatures are on file - unable to obtain signature for V odie Fulton
prior to her death. Title Company unable to furnish Acceptance and
Acknowledgement signatures. 7/22/05 JW
S:\Our Documents\Ordinances\03\Fulton Real Estate Ordinance.doc
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL ESTATE
CONTRACT BETWEEN THE CITY OF DENTON AND VODIE FULTON, EDWIN OWN
FULTON AND JOE L. FULTON FOR THE PURCHASE OF SIX TRACTS OF LAND
TOTALING APPROXIMATELY 19.06 ACRES AND GENERALLY LOCATED ADJACENT
TO AND EAST OF THE CITY OF DENTON SERVICE CENTER IN THE J. BROCK
SURVEY, THE J. LILLY SURVEY, THE W. CRENSHAW SURVEY, AND THE B.B.B. &
C.R.R. SURVEY, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION I. The City Manager, or his designee, is hereby authorized to execute a Real
Estate Contract between the City and Vodie Fulton, Edwin Owen Fulton and Joe L. Fulton, in
substantially the form of the Real Estate Contract which is attached hereto and made a part of
this ordinance for all purposes.
SECTION 2. The City Manager, or his designee, 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.
PASSED AND APPROVED this the c~q/¢t day of ('/~_Zg2~/~, 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~
incur, and Seller shall release and indemnify Purchaser fi.om any such
claims or liability.
1N WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows:
SELLER:
Vodie Fulton
Date: /- ~'- t~
PURCHASER:
City Manager
215 E. McKinney
Denton, Texas 76201
SELLER:
Edwin Owen Fulton
Date: J- ~- o..~
SELLER:
By: d//~-~
d/Joe'L~ Fulton
Date: /"'/1° 0-3
SELLER'S AGENT & ADDRESS:
PURCHASER'S ADDRESS:
City Attorney's Office
Attention: Ed Snyder
215 East McKinney Street
Denton, Texas 76201
APPROVED AS TO FORM:/'/
CITY ATTORN~EY ~
Page 8
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this ~ day of '~,~z~4e~ , 2003
by Michael A. Conduff, City Manager, of the City of Denton, a r~unieipal corporation,
known to me to be the person and officer whose name is subscribed to the foregoing
immanent 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 ordinance of the City Council of the City of Denton and that he executed the
same as the act of the said City for purposes and consid~ation therein expressed, and in
the capaci~ therein, stated.__ // ./~///~/,- '
II)._.*,,,,.i:<~S* ~ .ay,,~ [I Notary Pffblic in and/for ~ State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this day of
Vodie Fulton.
,2003 by
Notary Public in and for the State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this q ~-[x day of 3 a_, ua ,2003 by
Edwin Owen Fulton.
~%~'~,~ My Commi.ion ~p. 0~2~8 R Not~ubli~ ~for ~e State~x~
......................
Page 9
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this I[+~, day of .I _~J? uA~,%, 2003 by
~ %,~'~¢1..."?,,,,,'~ My CommiSsion Exp. 054)8-2006 Iq
No't/~ ~and for the Sta~e of Texas
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGMENT
The Title Company acknowledges receipt of the fully executed Contract on
,2003.
TITLE COMPANY:
Alamo Title Company
1100 Dallas Drive, Suite 100
Denton, Texas 76205
(940) 382-4357
day of
By:
Printed Name:
Title:
Page 10
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by Vodie Fulton, widow of R.O. Fulton,
Edwin Owen Fulton, and Joe L. Fulton (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 those certain tracts, lots or parcels of land described as follows:
Tract 1 - A 5.90 acre tract in the J. Brock Survey, Abstract 55, DCAD Tract
Number 34, R33449, as recorded in Volume 313, Page 220, D.R.D.C.T.
Tract 2 - A 0.60 acre tract in the J. Brock Survey, Abstract 55, DCAD Tract
Number 35, R33451, as recorded in Volume 604, Page 45 D.R.D.C.T.
Tract 3 - A 4.07 acre tract in the J. Brock Survey, Abstract 55, DCAD Tract
Number 36, R33447, as recorded in Volume 489, Page 18 D.R.D.C.T.
Tract 4 - A 4.3 acre tract in the J. Lilly Survey, Abstract 762, DCAD Tract
Number 24, R34987, as recorded in Volume 313, Page 220 D.R.D.C.T.
Tract 5 - A 2.00 acre tract in the W. Crenshaw Survey, Abstract 318, Denton
Central Appraisal District (DCAD) Tract Number 58 R34674.
Tract 6 - A 2.19 acre tract in the B.B.B. & C.R.R. Survey, Abstract 185, DCAD
Tract Number 216, R33646.
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. The Seller specifically reserves ownership of the two
steel pipe gates that Seller created and installed in association with the road closure of
Lattimore Street. Seller shall remove said steel pipe gates within a period of 120 days
after the closing date, otherwise the gates shall become the property of the Purchaser.
The Seller further specifically reserves Seller's undivided interest to all the remaining oil,
Page 1
gas, and other minerals that are in and under the property and that may be produced from
it, without the fight of access to the surface of the property, unless Purchaser gives its
prior written approval.
PURCHASE PRICE
Amount of Purchase Price. The total purchase price for the Property shall
be the stun of Five Hundred Eighty Five Thousand Dollars and no/100
($585,000), regardless of the actual area disclosed by the formal survey
contemplated by this agreement.
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.
Preliminary Title Report. Within twenty (20) days after the date hereof,
Seller, at Seller's sole cost and expense, shall have caused the Title
Company (hereinafter defined) to issue an owner's 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, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all
unacceptable matters to the. reasonable satisfaction of Purchaser. In the
event Seller 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.
Survey. 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.
Page 2
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. 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) 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's acceptance of the survey.
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 Purchaser, as follows, which
representations and warranties shall be deemed made by Seller to Purchaser also as of the
closing date:
There are no parties in possession of any portion of the Property as
lessees, tenants at sufferance, trespassers or other parties, with the
exception of the month to month lease of the residential structure situated
on the 0.60 acre tract (Tract 2), occupied by Frank Nunez. If Frank Nunez
continues to lease the residence situated upon Tract 2 beyond the date of
closing, then the Purchaser shall notify Mr. Nunez, in writing, giving a
minimum of 60 days notice after the closing date, prior to formal lease
termination by the Purchaser. It is expressly understood and the Purchaser
agrees that Seller shall not be obligated or liable regarding the month to
month lease by the Tenant of Tract 2 after the date of Closing. It shall be
Purchaser's sole responsibility to enforce Purchaser's right of possession
and/or to suffer any loss or injury associated with said lease after the
Closing date.
o
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.
Seller has complied with all apphcable laws, ordinances, regulations,
statutes, rules and restrictions relating to the Property or any part thereof.
Page 3
o
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 same are defined by the Resource Conservation and Recovery
Act (RCRA), as amended, and the Comprehensive Environmental
Response Compensation and Liability Act (CERCLA), as amended.
CLOSING
The closing shall be held at the office of Alamo Title Company, 1100 Dallas
Drive, Suite 100, Denton, Texas 76205 on or before February 28, 2003, 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
Seller's Requirements. At the closing Seller shall:
Deliver to the City of Denton a duly executed and acknowledged
General Warranty Deed conveying good and marketable title in fee
simple to all of the Property, free and clear of any and all liens,
encumbrances, conditions, assessments, and restrictions, except for
the following:
General real estate taxes for the year of closing and
subsequent years not yet due and payable; and
Any exceptions approved by Purchaser pursuant to
Purchaser's Obligations hereof; and
3. Any exceptions approved by Purchaser in writing.
Deliver to Purchaser a Texas owner's Policy of Title Insurance at
Seller's sole expense, issued by Alamo 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 Purchaser's 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:
Page 4
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;
o
The exception as to restrictive covenants shall be
endorsed "None of Record";
The exception for taxes shall be limited to the year
of closing and shall be endorsed "Not Yet Due and
Payable"; and
The exception as to liens encumbering the Property
shall be endorsed "None of Record".
Deliver to Purchaser possession of the Property on the day of
closing.
Purchaser's Requirements. Purchaser shall pay the consideration as
referenced in the "Purchase Price" section of this contract at Closing in
immediately available funds.
Closing Costs. Seller shall pay all taxes assessed by any tax collection
authority through the date of the 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, except for Seller's
attorney fees. Seller and Purchaser expressly agree that if any change in
the use of the property before closing results in the assessment of
additional taxes, penalties, or interest for periods before closing, the
assessments will be the sole obligation of Seller. If a change of use by
Purchaser after closing results in an assessment, Seller shall not be
responsible for such assessment. The parties agree that this provision will
survive closing.
REAL ESTATE COMMISSION
Seller represents and warrants that it is responsible for all real estate commissions
resulting from this sale including the 4% commission to Randy Smith Realtors. Seller
indemnifies Purchaser from and against any such real estate commissions.
Page 5
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 PROVISIONS
Assignment of Agreement. This Agreement may be assigned by
Purchaser without the express written consent of Seller.
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.
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.
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.
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.
o
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
Page 6
10.
11.
12.
13.
14.
construed as if the invalid, illegal, or unenforceable provision had never
been contained herein.
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.
Time of Essence. Time is of the essence in this Agreement.
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.
Memorandum of Contract. Upon request of either party, both parties shall
promptly execute a memorandum of this Agreement suitable for filing of
record.
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.
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 Seller, Purchaser shall have the right
to terminate this Agreement upon written notice to Seller.
Effective Date. The term "Effective Date" means the latter of the dates on
which this Contract is signed by either Sellers or Purchaser, as indicated
by their signatures 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.
The Seller specifically reserves under a temporary residential lease that
portion of TRACT 6 which is currently fenced in only (referred to as the
"homestead") for purposes of the removal of personal items, equipment
and other similar property. The temporary residential lease shall be for a
period of four (4) months from the date of closing with the right to extend
for another four (4) month term. Seller shall retain a right of possession
only for purposes of the removal of Seller's personal property, no rental
shall be paid to Purchaser, and Purchaser shall not be obligated or liable
regarding Seller's personal property or any loss or injury which Seller may
Page 7
AMENDMENT TO AGREEMENT
This Amendment to the Agreement is signed to be effective February 27, 2003 by and
between ~0~m o. ~o ~,ao,~ , the executor of the estate of Vodie Lee Jones Fulton, Edwin Owen
Fulton, Joe L. Fulton and Virginia K. Fulton the sole heir of Richard L. Fulton (hereinafter referred
to as "SELLERS"), and the CITY OF DENTON, TEXAS, a home rule municipality (hereinafter
referred to as "PURCHASER, to wit:
WITNESSETH
WHEREAS, Vodie Lee Jones Fulton, Edwin Owen Fulton and Joe L. Fulton as Sellers and
PURCHASER entered into that certain Real Estate Agreement, dated effective January 23, 2003 (the
"Agreement"); and
WHEREAS, SELLERS and PURCHASER desire to amend the Agreement as set forth
herein;
NOW, THEREFORE, in consideration of one dollar and other good and valuable
consideration, including the mutual promises contained herein, the receipt and sufficiency of which
is acknowledged by both parties hereto, SELLERS and PURCHASER do hereby agree as follows:
1. Section V of the Agreement titled CLOSING shall be changed as follows:
The closing shall be held at the office of Alamo Title Company, 1100 Dallas
Drive, Suite 100, Denton, Texas 76205 on or before March 14, 2003, or at such
title company, time, date, and place as SELLERS and PURCHASER may
mutually agree upon (which date is herein referred to as the "Closing").
2. The additional Sellers set forth below have executed this Amendment to the Agreement to
ratify, adopt and confirm the Agreement as amended herein.
3. In every other respect, SELLERS and PURCHASER do hereby ratify, adopt, and confirm
the Agreement and stipulate that same is in full force and effect, and agree to be bound thereby. This
document may be signed by each party on separate copies of this document.
Dated to be effective as set forth above.
SELLER:
Estate of Vodie Lee Jones Fulton
SELLER:
Edwin Owen Fulton
Date:
SELLER:
Joe L. Fulton
Date:
SELLER:
V~rginia K. Fultor~ '
Sole heir of Richard L. Fulton
Date:
PURCHASER:
The City of Denton
By:
Michael A. Conduff, City Manager
Date:
Approved as to form:
City Attorney,
City of Denton, Texas
By:.
Edwin M. Snyder
Deputy City Attorney
SELLER:
Edwin Owen Fulton
Date:
' foe~L Fulton
SELLER:
Date:
Virginia K. Fulton
Sole heir of Richard L. Fulton
PURCHASER:
The City of Denton
By:
Michael A. Conduff, City Manager
Date:
Approved as to form:
City Attorney,
City of Denton, Texas
By:.
Edwin M. Snyder
Deputy City Attorney
SELLER:
Edwin Owen Fulton
SELLER:
Joe L. Fulton
Date:
SELLER:
Date:
Virginia K. Fulton
Sole heir of Pdchard L. Fulton
PURCHASER:
The City of Denton
By:
Michael A. Conduff, City Manager
Date:
Approved as to form:
City Attorney,
City o~~,f-
Deputy City ¢(tlomey
2