2001-455 ORDINANCE NO fl4 /-
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND MILDRED M COCKRELL REBATING TO THE
PURCHASE OF APPROXIMATELY 1 16 ACRES OF LAND BEING A TRACT
CONVEYED TO JUDD D COCKRELL AND WIFE, MILDRED M COCKRELL BY
DEED RECORDED IN VOLUME 343, PAGE 432 OF THE DEED RECORDS OF
DENTON COUNTY, TEXAS, LOCATED IN THE B B B & C R R SURVEY,
ABSTRACT NO 186, FOR USE AS DRAINAGE, 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 Mildred M Cockrell, 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 approximately 1 16 acres for use as drmnage
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 ANDAPPROVEDthlsthe~/?b/t~j~ dayof ~~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
Ap vEo x TO LEGA' O
HEKI~ERT L 2 ~flJTY, J~/ffY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THiS CONTRACT OF SALE ~s made by M~ldred M Cockrell, w~dow
of Judd M Cockrell (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 here~n
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 descrlbed ~n the conveyance to Judd D
Cockrell and w~fe, M~ldred M Cockrell by deed recorded in Volume
343, Page 432 of the Deed Records of Denton County, Texas w~th
all r~ghts and appurtenances pertaining to the sa~d property,
· ncludlng any r~ght, t~tle and ~nterest of Seller an and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Property") , together with any lmprovements, f~xtures, and
personal property situated on and attached to the Property, for
the cons&derat~on and upon and subject to the terms, provisions,
and conditions hereinafter set forth
PURCHASE PRICE
I Amount of Purchase Price The total purchase price for
the Property shall be the sum of Forty-Five Thousand
Four Hundred and Seventy-Slx Dollars and S~xty-Four
Cents ($45,476 64) (the "Purchase Price")
2 Pa~ent of Purchase Price The full amount of the
Purchase Price shall be payable ~n cash at the closing
PURCHASER ~ S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the
transactions contemplated hereby are sub3ect to the satisfaction
of each of the following conditions any of which may be waived ~n
whole or ~n part by Purchaser at or prior to the closing
i Prel~m~nar~ T~tle Report W~th~n twenty (20) days after
the date hereof, Sallar, at Purchaser's sola cost and axpense,
shall have caused tha Txtle Company (hareanafter defaned) to
assue ~ owner's polacy commatment (the "Commatment") accompanaed
by cop~es of all recorded documents relatang to easements,
raghts-of-way, etc , affectang the Property Purchaser shall
gave Seller wratten notace on or before the exparataon of ten
(10) days after Purchaser receaves the Commatment that the
condataon of tatle as set forth an the Commatment as or as not
satasf&ctory In the event Purchaser states the condataon of
tatle ~s not satasfactory, Seller shall, at Seller's optaon,
promptly undartake to elamanate or modafy all unacceptable
matters to the reasonable satasfactaon of Purchaser In the
event Seller as unable to do so wathan ten (10) days after
receapt of wratten notace, thas Agreement shall thereupon be null
and voxd for all purposes, otherwase, thas condataon shall be
deemed to be acceptable and any ob]ectaon thereto shall be deemed
to have been waaved for all purposes
2 Surve~ Purchaser may, at Purchaser's sole cost and
expense, obtaan 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 locatxon
of all amprovements, haghways, streets, roads, raalroads, ravers,
creeks, or other water courses, fences, easements, and rights-of-
way on or adjacent to the Property, af any, and shall contaan the
surveyQr's certafacataon that there are no encroachments on the
Property and shall set forth the number of total acres comprxsang
the Property, together wath a metes and bounds descraptaon
thereof
Purchaser wall have ten (10) days after receapt of the survey
to revaew and approve the survey In the event the survey as
unacceptable, then Purchaser shall wathan the ten (10) day
perxod, gave Seller wrattan notace of thas fact Seller shall,
at Seller's optaon, promptly undertake to elamanate or modafy the
unacceptable portaons of the survey to the reasonable
satasf&ctxon of Purchaser In the event Seller as unable to do
so w~than ten (10) days after receapt of wratten notace,
Purchaser, at ats optaon may elect to termanate thxs Agreement
(an whxch event thas Agreement shall be null and road), grant
Seller, addatxonal tame to cure, or proceed to closang
Purchaser's faalure to gave Seller thms wratten notace shall be
deemed to be Purchaser's acceptance of the survey
PAGE 2
3 Seller's Compliance Seller shall have performed, ob-
served, and compiled w~th all of the covenants, agreements, and
cond~tLons required by th~s Agreement to be performed, observed,
and compiled wLth by Seller prlor to or as of the closLng
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, whLch representatLons and warrantLes shall be deemed
made by Seller to Purchaser also as of the closang date
i There are no partLes an possessaon of any portLon of the
Property as lessees, tenants at sufferance, trespassers or other
partLes
2 Exoept for the prLor actaons of Purchaser, there as no
pendLng or threatened condemnatLon or samalar proceedLng or
assessment or suLt, affectlng tatle to the Property, or any part
thereof, nor to the best knowledge and belaef of Seller as any
such prooeedLng or assessment contemplated by any governmental
authorLty
3 Seller has compiled wLth all applicable laws, ordanances,
regulatLons, statutes, rules and restractLons relatang to the
Property, or any part thereof
4 To the best of the seller's knowledge, there are no toxLc
or hazardous wastes or materLals on or wathan the Property Such
toxac or hazardous wastes or materials anclude, but are not
1Lm~ted to, hazardous materLals or wastes as same are defLned by
the Resource ConservatLon and Recovery Act (RCRA), as amended,
and the Comprehenslve Envaronmental Response CompensatLon and
LaabLlity Act (CERCLA), as amended
CLOSING
The closLng shall be held at the offLce of Texas Tatle
Company, 2215 S Loop 288, Sulte 320, Denton, Texas 76205 on or
before December 21, 2001, or at such tatle company, tame, date,
and place as Seller and Purchaser may mutually agree upon (whach
date as hereLn referred to as the "closang date")
CLOSING REQUIREMENTS
I Seller's Rec~uarements At the closang Seller shall
A DelLver to the Caty of Denton a duly executed and
PAGE 3
acknowledged General Warranty Deed conveyang good and
marketable tatle an fee sample to all of the Property,
free and clear of any and all laens, encumbrances,
condltaons, assessments, and restractaons, except for the
following
i General real estate taxes for the
year of closing and subsequent years not
yet due and payable,
2 Any exceptaons approved by Purchaser
pursuant to Purchaser's Obla~ataons here-
of, and
3 Any exceptions approved by Purchaser
an wrat~ng
B Deliver to Purchaser a Texas Owner's Polacy of Title
Insurance at Purchaser's sole expense, assued by Texas
Title Company, Denton, Texas, (the "Tatle Company"), or
such tatle company as Seller and Purchaser may mutually
agree upon, an Purchaser's favor an the full amount of
the purchase prace, ansurang fee sample tatle for the
C~ty of Denton to the Property sub3ect only to those
t~tle exceptions l~sted ~n Closang Requirements hereof,
such other exceptaons as may be approved an wrltang by
Purchaser, and the standard pranted exceptaons contaaned
an the usual form of Texas Owner's Polacy of Tatle
Insurance, provaded, however
i The boundary and survey exceptaons
shall be deleted ~f requaredby Purchaser
and af so required, the costs associated
w~th same shall be borne by Purchaser,
2 The exception as to restract~ve cove-
nants shall be endorsed "None of Record",
3 The exceptaon for taxes shall be
l~mated to the year of closang and shall
be endorsed "Not Yet Due and Payable",
and
4 The exception as to laens encumberang
the Property shall be endorsed "None of
Record"
PAGE 4
C Deliver to Purchaser possession of the Property on
the day of closing
2 Purchaser's Re~ulrements Purchaser shall pay the
conslder&t~on as referenced in the "Purchase Price" section of
this contract at Closing in ~mmed~ately available funds
3 Closln~ Costs Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing All
other costs and expenses of closing ~n consummating the sale and
purchase of the Property not specifically allocated here~n shall
be paid by Purchaser and Seller, except for Seller's attorney
fees
REAL ESTATE CO~ISSION
Seller and Purchaser represent and warrant to each other that
neither has retained a broker for th~s 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 fall to fully and timely perform
any of its obligations hereunder or shall fa~l to consummate the
sale of the Property except Purchaser's default, Purchaser may
e~ther enforce specific performance of th~s Agreement or
term~n&te th~s Agreement by written not~ce delivered to seller
BREACH BY PURCHASER
In the event Purchaser should fall to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth an PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being In default Seller may e~ther enforce specific
perfor~ence of th~s Agreement, or terminate this Agreement by
written notice delivered to purchaser
MISCELLANEOUS
i Assignment of A~reement Th~s Agreement may be assigned
by Purchaser w~thout the express written consent of Seller
2 Survival of Covenants Any of the representations, war-
rantleB, covenants, and agreements of the parties, as well as any
r~ghts end benefits of the part~es, pertaining to a per~od of
PAGE 5
tame followang the closang of the transactaons contemplated
hereby shall survave the closang and shall not be merged therean
3 Notace Any notace requared or permatted to be delavered
hereunder shall be deemed receaved when sent by Unated States
maal, postage prepaad, certafaed maal, return receapt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the sagnature of the party
4 Texas Law to ADDly This Agreement shall be construed
under and an accordance with the laws of the State of Texas, and
all oblagatlons of the parties created hereunder are performable
an Denton County, Texas
5 Part~es Bound Thas Agreement shall be bandang upon and
anure to the benefit of the part~es and thear respectave hears,
executors, administrators, legal representataves, successors and
assagns where permattedby thas Agreement
6 Legal Constructaon In case any one or more of the pro-
vasaons contaaned an thas Agreement shall for any reason be held
to be invalid, allegal, or unenforceable an any respect, saad
valadaty, allegalaty, or unenforceabalaty shall not affect any
other provaslon hereof, and this Agreement shall be construed as
af the anvalad, allegal, or unenforceable provasaon had never
been contaaned herean
7 Prior A~reements Superseded Thas Agreement constatutes
the sole and only agreement of the partaes and supersedes any
praor understandangs or wratten or oral agreements between the
partaes respectang the wathan subject matter
8 Tame of Essence Tame as of the essence an thas
Agreement
9 Gender Words of any gender used an thas Agreement shall
be held and construed to anclude any other gender, and words
the sangular number shall be held to anclude the plural, and v~ce
versa, unless the context requares otherwase
10 Memorandum of Contract Upon request of eather party,
both partaes shall promptly execute a memorandum of thas
Agreement suatable for falang of record
11 Com~laance In accordance wath the requarements of the
Texas Real Estate Lacense Act, Purchaser as hereby advased that
at should be furnashed wath or obtaan a polacy of tatle ansurance
PAGE 6
or Purchaser should have the abstract covering the Property
examined by an attorney of Purchaser's own select~on
12 T~me L~mlt In the event a fully executed copy of th~s
Agreement has not been returned to Purchaser w~thln ten (10) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the r~ght to terminate th~s Agreement
upon written not~ce to Seller
13 Effective Date The term "Effective Date" means the latter
of the dates on which th~s Contract Ks s~gned by e~ther Sellers
or Purchaser, as ~nd~cated by their s~gnature below If the last
party to execute th~s Contract fa~ls to complete the date of
execution below that party's s~gnature, the date the T~tle
Company acknowledges receipt of a copy of th~s fully executed
contract ~s the Effective Date
IN WITNESS WHEREOF, Seller and Purchaser have executed th~s
contract as follows
SELLER PURCHASER
By BY
M~ldred M Cockrell Michael A Conduff
C~ty Manager
Date 215 E McK~nney
Denton, Texas 76201
Date
STATE OF TEXAS
COUNTY OF DENTON
Th~s ~nstrument Ks acknowledged before me, on th~s -- day of
, 2001 by M~chael A Conduff, C~ty Manager, of the
C~ty of Denton, a mun~c~p&l corporation, known to me to be the
PAGE 7
person and off=cer whose name is subscribed to the foregoing
anstrument and acknowledged to me that the same was the act of
the sa.~d City of Denton, Texas, a municipal corporation, that he
was du~y authorized to perform the same by appropraate ordinance
of the City Council of the C~ty of Denton and that he executed
the same as the act of the saad Caty for purposes and
consideration therean expressed, and an the capacity therean
stated
Notary Publac an and for
the State of Texas
STATE OF TEXAS
COUNTY OF DENTON
Thas instrument ~s acknowledged before me, on th~s day of
, 2001 Mildred Cockrell
Notary Publac an and for
the State of Texas
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
The T~tle Company acknowledges receapt of the fully executed
Contract on day of , 2001
TITLE COMPANY
Name Texas T1tle Company
Address 2215 S Loop 288, Suite 320
Denton, Texas 76205
TelephOne 940-382-8251
Prznte~ Name
Tatle
PAGE 8