2001-080 S \Our Documents\Ordmanc~s\01\I036 Reed Ordinance doc
ORdiNANCE NO
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND HABITAT FOR HUMANITY OF DENTON FOR THE SALE OF CERTAIN
REAL PROPERTY COMMONLY KNOWN AS 1036 REED STREET, DENTON, TEXAS,
FOR USE FOR LOW TO MODERATE INCOME HOUSING, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Denton Police Department acqmred all of that certmn tract, lot or
parcel of land being more partacularly described as Lot 3, Block l, of the Wlllowereek Addition,
an addition to the City of Denton, Texas, according to the Map or Plat thereof recorded in
Volume 7, Page 20, Plat Records, Denton County, Texas, and commonly known as 1036 Reed
Street, Denton, Texas (the "Property") pursuant to a forfeiture action under Chapter 59 of the
Texas Code of Criminal Procedure (the "Code"), filed in the 211th District Court of Denton
County, Texas in Cause No 99-30403-21 l, by the State of Texas by and through the Denton
County District Attorney's Office, pursuant to an agreement between the City and the District
Attorney's Office, and
WHEREAS, pursuant to Subsection 272 001(g) of the Texas Local Government Code the
City desires to sell the Property to the Habitat for Humanity of Denton for the development of
low to moderate income housing, and
WHEREAS, the City Council finds that such sale serves a public purpose and therefore
the Property may be sold for less then fair market value, NOW, THEREFOR,
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 Contract between the City of Denton and the Habitat for Humanity of Denton for the sale
of the Property m substantially the form of the Real Estate Contract attached to and made a part
of thls ordinance for all purposes
SECTION 2 The City Manager or has designee is authorized and &reeted, after
deducting expenses of acqmsmon and sale, to distribute the proceeds of this sale for law
enforcement purposes, in accordance with Subsection (c) of Article 59 of the Texas Code of
Criminal Procedure
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND PPROVED sthe; / dayof a :001
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY, ATTORNEY
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REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OFDENTON
THIS CONTRACT OF SALE ,s made by and between CITY OF DENTON,
TEXAS, a home rule munm~pahty, of Denton, Denton County, Texas (hereinafter
referred to as "Seller") and the HABITAT FOR HUMANITY OF DENTON, a non-profit
corporutmn (hereinafter referred to as "Purchaser), upon the terms and conditions set
forth hereto
ARTICLE I
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby purchases and
agrees to pay for all that certmn tract, lot or parcel of land being more particularly
described as Lot 3, Block 1, of the Wdlowcreek Add~t, on, an addition to the C~ty of
Denton, Texas, according to the Map or Plat thereof recorded ~n Volume 7, Page 20, Plat
Records, Denton County, Texas, and commonly known as 1036 Reed Street, Denton,
Texas, together w~th all rights and appurtenances pertaining to the smd property,
including ~mprovements, and fixtures s~tuated on and attached to the said property (all of
such real property, rights, and appurtenances being hereinafter referred to as the
"Property"), for the consideration and upon and subject to the terms, prov~smns, and
condlt~ons hereinafter set forth
ARTICLE II.
PURCHASE PRICE
1 Amount of Purchase Price The purchase price for the Property shall be
the stun of ELEVEN THOUSAND DOLLARS AND ZERO CENTS
($11,000) (the "Pumhase Price")
2 payment of Purchase Price The full amount &the Pumhase Price shall be
payable ~n cash at the closing
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ARTICLE
PURCHASER'S OBLIGATIONS
The obhgattons of Purchaser heleunder to consummate the transactions
contemplated hereby are subject to the sattsfactton of each of the following condlttons
any of which may be watved m whole or ~n part by Purchaser at or prior to the closing
1 Prehmtnm¥ Tttle Report Within twenty (20) days after the date hereof,
Seller, at Seller's sole cost and expense, shall have caused the T~tle
Company (heretnafter defined) to issue an owner's pohcy commitment
(the "Commztment") accompamed by cop~es of all recorded documents
relattng to easements, rights-of-way, etc, affecting the Property
Purchaser shall gtve Seller written notice on or before the expiration often
(10) days after Purchaser recetves the Commitment that the contht~on of
tttle as set forth ~n the Commttment is or ts not satisfactory In the event
Purchaser states the condtt,on of tttle ts not satmfactory, Seller shall, at
Seller's option, promptly undertake to ehmtnate or modify all
unacceptable matters to the reasonable satlsfactton of Pumhaser
Purchaser understands that Seller Is under no obhgatton to cure any t~tle
defects complatned of by Pumhaser stated in Purchaser's written notme to
Seller as provtded ~n th~s paragraph In the event Seller is unable to do so
w~thtn ten (10) days after receipt of written not~ce, Purchaser, at tts optton
may elect to termtnate thts Agreement 0n which event this Agreement
shall be null and vmd), grant Seller addtttonal time to cure, or proceed to
closing
2 Seller's Comphance Seller shall have performed, observed, and comphed
w~th all of the covenants, agreements, and conthtlons reqmred by this
Agreement to be performed, observed, and comphed w~th by Seller prior
to or as of the clostng
ARTICLE IV.
REPRESENTATIONS, WARRANTIES AND
CONDITIONS TO SALE AND CONVEYANCE
The parties hereto understand and agree to the followtng
1 The Seller acqmred the Property pursuant to a forfeiture actton under
Chapter 59 of the Texas Code of Criminal Procedure (the "Code"), filed in the 211th
D~stnct Court of Denton County, Texas In Cause No 99-30403-211, by the State of
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Texas by and through the Denton County D~stnct Attorney's Office Because of the
manner m whmh the Seller acqmmd the Property, Seller makes no warrant~es of t~tle to
the property
2 Seller represents and warrants that the proceeds of th~s sale, after
deducting expenses, will be thstnbuted for law enforcement purposes, ~n accordance w~th
Sub-Artmle 59 06(c) of the Code
3 Purchaser ~s purchasing the Property, and the Property shall be conveyed
and transferred to Purchaser, "AS IS, WHERE IS, AND WITH ALL FAULTS" and
specifically and expressly w~thout any warrant~es, representations, or guarantees, e~ther
expressed or ~mphed, of any kind, nature, or type whatsoever from or on behalf of the
Seller Purchaser acknowledges that it has not rehed, and ~s not relying, on any
mfonnat~on, document, sales brochures, or other hterature, maps or sketches, projection,
pro forma, statement, representation, guarantee, or warranty (whether express or ~mphed,
or oral or written, or material or ~mmatenal) that may have been g~ven or made by or on
behalf of Seller
4 Pumhaser shall not be entitled to, and should not rely on, Seller or ~ts
agents as to (a) the quahty, nature, adequacy, or physmal condition of the Property, (b)
the quahty, nature, adequacy, or physical condition of softs or the existence of ground
water at the Property, (c) the existence, quality, nature, adequacy, or physmal cond~tnon
of any utilities serving the Property, (d) the development potentml of the Property, ~ts
habitability, merchantability or fitness, smtabfl~ty, or adequacy of the Property for any
particular purpose, (e) the zoning or other legal status of the Property, (0 the Property's
comphanee w~th any apphcable codes, laws, regulations, statutes, orthnances, covenants,
conditions, or restrictions of any governmental or quas~-governmental entity, or of any
other person or entity, (g) the concht~on of t~tle to the Property, or the nature, status and
extent of any nght-of-way, lease, right of redemption, possession, hen, encumbrance,
hcense, reservation, covenant, condition, restriction, or any other matter affecting t~tle to
the Property
5 SELLER HAS NOT, DOES NOT, AND WILL NOT, WITH RESPECT
TO THE PROPERTY, MAKE ANY WARRANTIES OR REPRESENTATIONS,
EXPRESSED OR IMPLIED OR ARISING BY OPERATION OF LAW INCLUDING,
BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION,
MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE
OR WITH RESPECT TO THE VALUE PROFITABILITY, OR MARKETABILITY OF
THE PROPERTY
6 SELLER HAS NOT, DOES NOT, AND WILL NOT, MAKE ANY
REPRESENTATION OR WARRANTY WITH REGARD TO COMPLIANCE WITH
ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS,
RULES, REGULATIONS, ORDERS, OR REQUIREMENTS INCLUDING, BUT NOT
LIMITED TO, THOSE PERTAINING TO THE HANDLING, GENERATING,
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TREATING, STORING, OR DISPOSING OF ANY HAZARDOUS WASTE OR
SUBSTANCE
7 Purchaser has had and w~ll have, pursuant to this Contract, an adequate
oppomm~ty to make such legal, factual, and other ~nqumes and investigations as ~t deems
necessary, desirable, or appropnate with respect to the Property Such lnqumes and
~nvest~gat~ons of Purchaser shall be deemed to ~nclude, but shall not be hmlted to, the
condition of the Property, the existence of any wood-destroying orgamsms on the
Property, such state of facts as an accurate survey and ~nspect~on would show, the present
and future zomng ordinances, resolutions, and regulations of the mty, county, and state
where the Property ~s located, the ava]lainhty of uttht~es, and the value and marketability
of the Property
8 The conveyance of the Property shall contmn a restrictive covenant
touching and runmng with the land winch restricts the use of the Property for a period of
twenty five years for use as single family residential for low to moderate ~ncome persons
Low to moderate income m defined as 80% or below the median income for the Dallas
Statistical Extrapolation Area as determined by the U S Department of Housing and
Urban Development
The prowslons of this Article shall survive closing
ARTICLE V
CLOSING
The closing shall be held at the office of Stewart T~tle Company (the "T~tle
Company"), 2442 L~lhan Miller, state 100, Denton, Texas 76205 on or before
, 2001 (winch date ~s here~n referred to as the "closing date") The
closing date may be extended by mutual agreement of the parties
ARTICLE VI
CLOSING REQUIREMENTS
1 Seller's Reqmrements At the closing Seller shall
A Deliver to Purchaser a duly executed and acknowledged Deed
Without Warranty conveying all of Seller's right, t~tle and ~nterest
in and to the Property and contamxng the restrictive covenant
provided for in Section IV(8) above, in substantially the same form
as the deed attached hereto as Exhlint "A" and made a part hereof
by reference
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B Dehver to Purchaser possession of the Property
2 Purchaser's Requirements Purchaser shall pay the Purchase Pnce ~n
immediately avmlable funds
3 Taxes Taxes for the year of closing shall be prorated as of the closing
date
4 Other Clos~ngCosts All other costs and expenses of closing m
eonsarnmatmg the sale and purchase of the Property not specafically
allocated hereto shall be pa~d ~n the same manner that ~s customary for
res~dentml transactions ~n Denton County Texas
ARTICLE VII
REAL ESTATE COMMISSION
Each party represents to the other that they have not employed the services of any
real estate brokers or agents ~n this matter Therefore, there are no real estate
cornnussaons occasioned by the consummaUon of th~s contract
ARTICLE VIII
BREACH BY SELLER
In the event Seller shall fml to fully and t~mely perform any of xts obhgatxons
hereunder or shall fml to consummate the sale of the Property except Purchaser's default,
Purchaser as ~ts sole and exclusive remedy may e~ther enforce specific performance of
th~s Agreement or terminate tbas Agreement by written not,ce dehvered to Seller
ARTICLE IX
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase of the Property, the
conditions to Purchaser's obhgatmns set forth ~n PURCHASER'S OBLIGATIONS
having been satasfied and Purchaser being m default, Seller as ~ts sole and exclusive
remedy may enforce specific performance of th~s Agreement, or terminate th~s
Agreement by written not,ce dehvered to Purchaser
ARTICLE X
MISCELLANEOUS PROVISIONS
1 Aas~gnment of Agreement Th~s Agreement may not be assigned by
Purchaser w~thout the express written consent of Seller
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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 Notace Any notice required or permated to be delivered hereunder shall
be deemed received when sent by United States mall, postage prepmd,
certified mml, return receipt requested, by hand delivery, or by facsimile
addressed to Seller or Purchaser, as the case may be, at the address or
facsimile number set forth beneath the signature of the party
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
$ Parties Bound Tlus Agreement shall be b~ndtng upon and inure to the
benefit of the pames and their respective 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 m any respect, smd invalidity, illegality, or unenforceabfllty
shall not affect any other provision hereof, and this Agreement shall be
construed as if the mvahd, illegal, or unenforceable provision had never
been contatned herein
7 Pnor 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 tn 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 Compliance In accordance with the requirements of the Texas Real
Estate License Act, Purchaser is hereby advised that it should be furnished
with or obtmn a policy of title insurance or Purchaser should have the
abstract covenng the Property examined by an attorney of Purchaser's
own selection
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DATED this _.~.~. day of x-7~ _~.ZZ/d/J~X~-, 200/
SELLER T:X/
THE CI:~ OF DENTON
sv l lf¢ ae W/J z
City Manager [
215 E McKhnnc~
Denton, Texas 7620
Facsmfle
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PURCHASER
HABITAT FOR HUMANITY OF TEXAS
0411 Grozev U
Executive D~rector
P O Box 425
Denton, Texas 76202
Facstmfle 940-484-5006
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ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
Th~s instrument was acknowledged before me on ~~ g/~ ,2001
by M~chael W Jez, City Manager of the City of De~on, Texas, c~ behalf of said city
M y~omm~ss;n Expires ~Te~s ~ /
[/~, ~ ANN FORSWHE
~ J / ay Commlal~ E~me
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
Th~s msmunent was acknowledged before me on ~'~ a~'~t ~ 2 ,2001
by Jill Grozev, Executive Director of Habitat for Humanity of Denton, on behalf of sa~d
entity of Te~
Notary Pubhc, m and for the State
My Commission Expires ,
J ~ NOTARY PUBLIC ~
~ ~ ~ ~ STATE OF TEXAS ~
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DEED WITHOUT WARRANTY
Date: September 4, 2001
Grantor: City of Denton, Texas
215 E. McKinney
Denton, Texas 76201
Grantee: Habitat For Humanity Of Denton
P.O. Box 425
Denton, Texas 76202
Consideration: ELEVEN THOUSAND DOLLARS AND ZERO CENTS ($11,000.00)
Property: nll that certain tract, lot or parcel of land being more particularly
described as Lot 3, Block 1, of the Willowcreek Addition, an addition to
the City of Denton, Texas, according to the Map or Plat thereof recorded
in Volume 7, Page 2Q Plat Records, Denton County, Texas, and
commonly known as 1036 Reed Street, Denton, Texas; together with all
rights and appurtenances pertaining to the said property, including
improvements, and fixtures situated on and attached to the said property
(the "Property").
Reservations From and Exceptions [o Conveyance, and restrictive covenants:
1. All easements, rights of way, and other matters of record.
2. Grantee is purchasing the Property, and the Property is conveyed and
transferred to Grantee, "AS IS, WHERE IS, AND WITH ALL FAULTS"
and specifically and expressly without any warranties, representations, or
guarantees, either expressed or implied, of any kind, nature, or type
whatsoever from or on behalf of the Grantor. Grantee acknowledges that
it has not relied, and is not relying, on any information, document, sales
brochures, or other literature, maps or sketches, projection, pro forma,
statement, representation, guarantee, or warranty (whether express or
implied, or oral or written, or material or immaterial) that may have been
given or made by or on behalf of Grantor.
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3. Grantee shall not be entitled to, and should not rely on, Grantor or its
agents as to (a) the quality, nature, adequacy, or physical condition of the
Property; (b) the quality, nature, adequacy, or physical condition of soils
or the existence of ground water at the Property; (c) the existence, quality,
nature, adequacy, or physical condition of any utilities serving the
Property; (d) the development potential of the Property, its habitability,
merchantability or fitness, suitability, or adequacy of the Property for any
particular purpose; (e) the zoning or other legal status of the Property; (f)
the Property's compliance with any applicable codes, laws, regulations,
statutes, ordinances, covenants, conditions, or restrictions of any
governmental or quasi-governmental entity, or of any other person or
entity; (g) the condition of title to the Property, or the nature, status and
extent of any right-of--way, lease, right of redemption, possession, lien,
encumbrance, license, reservation, covenant, condition, restriction, or any
other matter affecting title to the Property.
4. GRANTOR HAS NOT, DOES NOT, AND WILL NOT, WITH
RESPECT TO THE PROPERTY, MAKE ANY WARRANTIES OR
REPRESENTATIONS, EXPRESSED OR IMPLIED OR ARISING BY
OPERATION OF LAW INCLUDING, BUT IN NO WAY LIMITED TO,
ANY WARRANTY OF CONDITION, MERCHANTABILITY,
HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR WITH
RESPECT TO THE VALUE PROFITABILITY, OR MARKETABILITY
OF THE PROPERTY.
6. GRANTOR HAS NOT, DOES NOT, AND WILL NOT, MAKE ANY
REPRESENTATION OR WARRANTY WITH REGARD TO
COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION,
POLLUTION, OR LAND USE LAWS, RULES, REGULATIONS,
ORDERS, OR REQUIREMENTS INCLUDING, BUT NOT LIMITED
TO, THOSE PERTAINING TO THE HANDLING, GENERATING,
TREATING, STORING, OR DISPOSING OF ANY HAZARDOUS
WASTE OR SUBSTANCE.
7. Grantor acquired the Property pursuant to a forfeiture action under
Chapter 59 of the Texas Code of Criminal Procedure (the "Code"), filed in
the 211th District Court of Denton County, Texas in Cause No. 99-30403-
211, by the State of Texas by and through the Denton County District
Attorney's Office. Because of the manner in which the Grantor acquired
the Property, Grantor makes no warranties of title to the Property.
8. This conveyance is subject to a RESTRICTIVE COVENANT touching
and running with the Property which restricts the use of the Property For a
period of twenty five years for use as single family residential for low to
moderate income persons. Low to moderate income is defined as 80% or
below the median income for the Dallas Statistical Extrapolation Area as
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determined by the U.S. Department of Housing and Urban Development.
Should this restrictive covenant be violated, the Property shall
automatically revert to Grantor without the necessity of taking any action
whatsoever. Prior to such reversion the Grantee shall be given written
notice of such violation and given a 60 day time period to cure prior to
such reversion.
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance, and
restrictive covenants, conveys to Gran[ee the Property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, successors
or assigns forever, without express or implied warranty; and all warranties that might arise by common law
and the warranties in § 5.023 of the Texas Property Code (or its successor) are excluded.
When the context requires, singular nouns and pronouns include the plural.
THE CITY~OJF DENTON
BY: / ~~
Michael A. Conduff" " ~ ''
City Manager
215 E. McKinney
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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(Acknowledgment)
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me by Michael A. COnduff, C(i~Managei of
the Cit of enton, Texas on behalf of said Ny on the _~ day of
(i/ , 2001.
,\ ~~
Notary blic, State o Texas
"" °°~` ANN FORSYTHE
, . z%-~-~~` t. Notary's name (printed):
li ~; ~ : I °' Notary Public, State of Texas ,,SS ~/
~, ;, ~" My Commission Expires Notary's commission expires: ~ "v / ' Q y
,~~E~. MAY 9, 2002
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