2001-199ORDINANCE NO d~ - 9~
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND ELIZABETH DUNBAR RELATING TO THE PURCHASE
OF APPROXIMATELY 0 16 ACRES OF LAND BEING LOT 9, BLOCK 4 OF THE
SOLOMON HILL ADDITION NO 3 AN ADDITION TO THE CITY OF DENTON,
LOCATED IN THE H CISCO SURVEY, ABSTRACT NO 1184, FOR USE AS A
PHOENIX PARK EXPANSION SITE, AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS
SECTION 1 The City Manager is hereby authorized to execute a Real Estate
Contract between the City and Elizabeth Dunbar, in substantially the form of the Real
Estate Contract which is attached hereto and made a part of this ordinance for all
purposes, for the purchase of Lot 9, Block 4 of the Solomon Hill Addition No 3 for use
as a Phoenix Park expansion site
SECTION 2 The City Manager 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 Lb-4-- day of 2001
Z"4!/Ock-
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
( tlX/LU
BY ,d.--
APP VED AS TO LEGAL FORM
HERBERT L UTY, CI TORNEY
BY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by ELIZABETH DUNBAR (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 described in Exhibit "A" attached 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. Seller shall pay all cost for the removal,
installation, construction, reinstallation, reconstruction, labor
and materials for any and/or improvements located within the
property described in Exhibit "A". Any improvements not removed by
June 30, 2001 shall become property of the City of Denton, Texas.
PURCHASE PRICE
1. Amount of Purchase Price. The total purchase price for the
Property shall be the sum of $9,000.00 (the "Purchase
Price").
2. 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.
1 Preliminary Title Report. Within twenty (20) days after
Page 1
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, 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.
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 may terminate this Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposit shall be returned by the Title Company to
Purchaser. Purchaser's failure to give Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey.
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.
PAGE 2
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 in possession of any portion of the
Property as lessees, tenants at sufferance, trespassers or other
parties.
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 beat 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
(the "Title Company"), 2215 South Loop 288, Suite 320, Denton,
Texas on or before May 31", 2001 (which date is herein referred to
as the "closing date"). The closing date may be extended by mutual
agreement of the parties.
CLOSING REQUIREMENTS
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to Purchaser 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:
PAGE 3
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
hereof; and
3. Any exceptions approved by Purchaser in
writing.
8. 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 State of
Texas 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 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"; 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.
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.
PAGE 4
3. Closing Costs. Seller shall pay all taxes assessed by any
tax collection authority through the date of 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 and Seller, except for Seller's attorney fees.
REAL ESTATE COMMISSION
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
consummation 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 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
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 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.
PAGE 5
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 Sound. 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 qpe 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 unenforceability 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.
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 this 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 obtain 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.
PAGE 6
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:
ELIZABETH DUNBAR
By: ' 6,
Date: 4 ` of
PURCHASER:
BY:
ike Conduff
-.%GbLag-City Manager
215 E. McKinney
Denton, Texas 7,6201
APPROVED AS TO FORM Date
CTMo,,,,~, STATE OF TEXAS CITT
COUNTY OF DENTON ,Y
Th instrument is acknowAVeodnu ore me, on this day of_
asiss.
HewslF Ag4jiLag- City Manager, of the
2001 by
City A 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 pure and consideration therein
expressed, and in the capacity there n tated~
ANN FORSYTHE
/ Notary Public, State of Texas
My Commission Upires
+n w.•+ MAY 9, 2002
Notdry Public i and for
the State of Te Vass
PAGE 7
STATE OF T
COUNTY OF Wo N
=X!, ument is acknowledged before me, on this 4-6
2001 by ELIZABETH DUNBAR.
Y I/4 i
nom. DENISE M PERK
P K ' NW n PWft 8M6a of Two
J q e v ~d;t My Commleebn E p 02-07. M
N~inA and f
the State of
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
The Title Company acknowledges receipt of the fully executed
Contract on day of , 2001.
TITLE COMPANY:
Name: Texas Title Company
Address: 2215 South Loop 288, Suite 320
Denton, Texas 76205
Telephone: 940-382-8251
By:
Printed Name:
Title:
PAGE 8
day of
Exhibit "A"
BEING all that certain lot, tract or parcel of land lying and being situated in the City and
County of Denton, State of Texas in the H Cisco Survey, Abstract Number 1184 and
being all of Lot 9, Block 4 of the Solomon Hill Addition, Number Three recorded in
Volume 183, Page 84, Plat Records, Denton County, Texas