2003-126O ANCE NO. 003-
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND
CAROL ANN BEARDSLEY FOR THE PURCHASE OF APPROXIMATELY 3.0 ACRES OF
LAND BEING A TRACT CONVEYED TO FREDERICK A. BEARDSLEY AND WIFE
CAROL ANN BEARDSLEY AS RECORDED BY DEED IN VOLUME 1054, PAGE 889, OF
THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, SAID PROPERTY
BEING LOCATED IN G. WALKER SURVEY, ABSTRACT NUMBER 417, DENTON
COUNTY TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE. (PECAN CREEK WATER RECLAMATION PLANT
FUTURE EXPANSION).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute a Real
Estate Agreement between the City of Denton and Carol Ann Beardsley in substantially the form
of the Real Estate Contract attached hereto and made part of the ordinance for all purposes (the
"Real Estate Contract").
SECTION 2. The City Manager or his designee is hereby authorized to make the
expenditures set forth in the Real Estate Contract.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED ANDAPPROVEDthisthe /c~~Z~ day of ~/~_~ ,2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
-.
APPROVED AS TO LEGAL FORM:
BY: ~ d-----'~,,/
STATE OF TEX~S
COUNTY OF DENTON
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE is made by Carol Ann Beardsley,
(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 that certain tract,
lot or parcel of land containing approximately three acres
described in the conveyance to Frederick A. Beardsley and wife,
Carol Ann Beardsley by deed recorded Un Volume 1054, Page 889 of
the Deed Records of Denton County, Texas 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
including the mobile home .that currently serves as sellers
residence, situated on and .attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth.
PURCHASE PRICE
Amount of Purchase Price. The total purchase price for
the Property shall be the sum of Fifty Five Thousand
Dollars and No Cents ($55,000.00) (the "Purchase
Price").
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 cons~mmate 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. Preliminar~ Title Report. Within twenty (20) days after
the date hereof, Seller, at Purchaser's sole cost and expense,
shall have caused the Title Company (hereinafter 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 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,
promptl~ 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.
2. 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.
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.
PAGE 2
3. Seller's Compliance. Seller shall have performed, ob-
served, 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:
1. There are no parties
Property as lessees, tenants
parties.
in possession of any portion of the
at sufferance, trespassers or other
2. 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 with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
4. 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 Texas Title
Company, 2215 S. Loop 288, Suite 320, Denton, Texas 76205 on or
before June 30, 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").
PAGE 3
CLOSING REQUIREMENTS
1. Seller's Rec~uirements. At the closing Seller shall:
A. 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:
1. 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 Purchaser's Obligations here-
of; 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 Texas
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 fee simple title for the
City of Denton to the Property subject only to those
title exceptions listed in Closing Rec~uirements 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 same shall be borne by Purchaser;
2. The exception as to restrictive cove-
nants 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";
PAGE 4
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. Deliver and convey to Purchaser free and clear title
to the mobile home located on the property.
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. Ail
other costs and expenses of closing in cons~mmating the sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser, except for Seller's attorney fees if any.
REAL ESTATE CO~ISSION
Seller and Purchaser represent and warrant to each other that
neither has retained a broker for this transaction and that there
are no broker or real estate fees due as a result of the
cons-mmation of this contract.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform
any of its obligations hereunder or shall fail to cons,,mmate 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 cons-mmate 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.
PAGE 5
MISCELLANEOUS
1. Assignment of Agreement. This Agreement may be assigned
by Purchaser without the express written consent of Seller.
2. Survival of Covenants. Any of the representations, war-
ranties, 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 pexmitted 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 below:
Carol Ann Beardsley
C/O Joyce Weger
P.O. Box 271284
Flower Mound, Texas
75027
Paul H. Williamson
Engineering & Capital Projects
City Hall East
601 East Hickory Suite B
Denton, Texas 76205
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 pro-
visions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceebility shall not affect any
other provision hereof, and this Agreement shall be construed as
if 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.
PAGE 6
8. Time of Essence.
Agreement.
Time is of the essence in this
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 n~m~er shall be held to include the plural, and vice
versa, unless the context requires otherwise.
10. Memorandum of Contract. Upon
both parties shall promptly execute
Agreement suitable for filing of record.
request of either party,
a memorandum of this
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. 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 Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
13. 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 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:
B~ ' '~Ca~r~l~n~Beards le~~y ~
APPROVED AS TO FORM:
CITY AT~ORNJ~J~ .
215 E. McKinney
Denton, Texas 76201
PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
ACKNOWLEDGEMENT
This instrument is acknowledged before me, on this
~day of
, 200~hy Michael A. Conduff, City Manager, of the
Cit~ ~f Denton, a municipal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing
instrument 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
consideration therein expressed, and in the capacity therein
stated . ~""" JANE E. RICHARDSON
:: .~ My Commissfon Expires
June 27, 2005
STATE OF TEXAS
COUNTY OF DENTON
No~(ary Public in and for
the State of Texas
~day of
Thi~ .instrument is acknowledged before me, on this ~~__, 2003 Carol Ann Beardsley.
~tar~--~--ubl~ic in ~L~ ~
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
The Title Company acknowledges receipt of the fully executed
Contract on __ day of , 2003.
Name:
Address:
Telephone:
Texas Title Company
2215 S. Loop 288, Suite 320
Denton, Texas 76205
940-382-8251
By:
Printed Name:
Title:
PAGE 8