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2000-089 O OrNANCENO dO00-Oi AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND FREDDA SUE BROCKETT, RELATING TO THE PURCHASE OF APPROXIMATELY 0 17 ACRE OF LAND LOCATED IN THE HIRAM SISCO 320 ACRE SURVEY, ABSTRACT NO 1184, FOR USE BY THE POLICE DEPARTMENT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS ~ That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Fredda Sue Broekett, 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 0 17 acre of land for use by the pohce department ~ That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract ~ That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED thls the 7~---~ dayof c'J~d_.~_. ,2000 L JA~t'ILI~t~R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPR~ED JTO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ~EAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE ~s made by and between FREDDA SUE BROCKETT (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 cond=t~ons 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 described an Exhibit "ATT attached w~th all r~ghts and appurtenances pertalnlng to the sald property, · nclud=ng any raght, tatle and anterest of Seller an and to adjacent streets, alleys or r~ghts-of-way (all of such real prop- erty, raghts, and appurtenances being hereanafter referred to as the "Property") , together wath any amprovements, faxtures, and personal property satuated on and attached to the Property, for the consaderataon and upon and sub3ect to the terms, provasaons, and condat~ons hereanafter set forth Purchaser shall pay all cost for the removal, anstallat~on, construction, re~nstallat~on, reconstructaon, labor and materaals for any and/or ~mprovements located w~than the property descrabed ~n Exhibit "A" Any amprovements not removed by March 31, 2000 shall become property of the C~ty of Denton, Texas PURCHASE PRICE i Amount of Purchase Price The purchase price for the Property shall be the sum of $20,000 00 2 Payment of Purchase Price The full amount of the Purchase Prace shall be payable an cash at the closing PURCHASER~ S OBLIGATIONS The oblagat~ons of Purchaser hereunder to consummate the transactaons contemplated hereby are subject to the sat~sfactaon of each of the followang cond~taons any of which may be waived ~n whole or an part by Purchaser at or prior to the closing i Prel~manar~ Tatle Report W~than twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Tatle Company (hereanafter defaned) to assue a owners polacy co~m~atment (the "Commatment") accompanaed by copaes 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 Co~atment as or as not satasfactory In the event Purchaser states the condataon of tatle as not satasfactor~, Purchaser shall, at Purchaser's optaon, promptly undertake to el~manate or modafy all unacceptable matters to the reasonable satasfactaon of Purchaser In the event Purchaser as unable to do so wathan ten (10) days after receapt of wratten notace, thas Agreement shall thereupon be null and voad 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 Survey 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 locataon of all amprovements, haghways, streets, roads, raalroads, ravers, creeks, or other water courses, fences, easements, and raghts-of- way on or ad3acent to the Property, af any, and shall contaan the surveyor's cert~facataon that there are no encroachments on the Property and shall set forth the number of total acres comprasang the Property, together wath a metes and bounds descraptaon thereof Purchaser wall have ten (10) days after receapt of the survey to review and approve the survey In the event the survey as unacceptable, then Purchaser shall wath=n the ten (10) day per~od, gave Seller written notace of thas fact Purchaser shall, at Purchaser's optaon, promptly undertake to el~manate or modafy the unacceptable portaons of the survey to the reasonable sat~sfactaon of Purchaser In the event Purchaser as unable to do so wathan ten (10) days after receapt of wratten notace, Purchaser may te=manate th~s Agreement, and the Agreement shall thereupon be null and voad for all purposes and the Escrow Deposat shall be returned by the Tatle Company to Purchaser Purchaser's faalure to gave Seller thas wratten notace shall be deemed to be Purchaser's acceptance of the survey 3 Seller's Com~laance Seller shall have performed, ob- served, and complaed wath all of the covenants, agreements, and condat~ons requared by this Agreement to be performed, observed, and complied w~th by Seller praor to or as of the closang AEE008FE PAGE 2 REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby r~resents and warrants to Purchaser as follows, which representations and warrant~es shall be dee~ed made by Seller to Purchaser also as of the clos=ng date i There are no part~es ~n possession of any port~on of the Property as lessees, tenants at sufferance, trespassers or other part~es 2 Except for the prior actions of Purchaser, there ~s no pending or threatened condemnation or s~m~lar proceeding or assessment or su~t, affecting t~tle to the Property, or any part thereof, nor to the best knowledge and belief of Seller Ks any such proceedxng or assessment contemplated by any governmental authority 3 To the best of the seller's knowledge, Seller has compl=ed w~th all applicable laws, ordinances, regulations, statutes, rules and restr~ctlons 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 w~th~n the Property Such toxic or hazardous wastes or materials ~nclude, but are not l~m~ted to, hazardous materials or wastes as same are defined by the Resource Conservat=on and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensat=on and L~ab~llty Act (CERCLA), as amended CLOSING The clos=ng shall be held at the off~ce of Dentex T~tle Company on or before March 31, 2000, or at such t~tle company, t~me, date, and place as Seller and Purchaser may mutually agree upon (which date Ks here~n referred to as the "closing date") CLOSING REQUIREMENTS I Seller's Rec~u~rements At the closing Seller shall A Deliver to C~ty of Denton a duly executed and acknowledged Deed ~n the fozm as attached hereto as Exhibit "B" conveying good and marketable t~tle to all of the Property, free and clear of any and all l~ens, enc~m~rances, conditions, easements, assessments, and restrictions, except for the follow=ng AEE008FE PAGE 3 I ~eneral real estate taxes for the year of closang and subsequent years not yet due and payable, 2 Any except=ons approved by Purchaser pursuant to Purchaser's Obl~ataons here- of, and 3 Any exceptaons approved by Purchaser an wratang B Purchaser to obtaan a Texas Owner's Polacy of Tatle Insurance at Purchaser's sole expense, assued by Dentex Tatle 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 State of Texas to the Property sub3ect only to those tatle exceptions lasted an Closang Re~uarements hereof, such other exceptaons as may be approved an wratang by Purchaser, and the standard printed 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 af requared by Purchaser and af so required, the costs associated w~th same shall be borne by Purchaser, 2 The exceptaon as to restractave cove- nants shall be endorsed "None of Record", 3 The exceptaon for taxes shall be lamated 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" C Delaver to Purchaser possessaon of the Property on the day of closing 2 Purchaser's Re~uarements Purchaser shall pay the cons~derataon as referenced ~n the "Purchase Price" section of th~s contract at Closing ~n am~edaately avaalable funds AEE008FE PAGE 4 3 Clos~n~ Costs Seller shall pay all taxes assessed by any tax collection authority through the date of Closing Ail other costs and expenses of closing ~n cons~--nat~ng the sale and purchase of the Property not specifically allocated here~n shall be pa~d by Purchaser REAL ESTATE C0~ISSION Ail obligations of the Seller and Purchaser for payment of brokers' fees are contained ~n separate written agreements B~EACH BY SELLER In the event Seller shall fa~l to fully and t~mely perform any of ~ts obligations hereunder or shall fa~l to consummate the sale of the Property except Purchaser's default, Purchaser may e~ther enforce specific perfo=mance of th~s Agreement or terminate this 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 cond~t=ons to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being ~n default Seller may e~ther enforce specific performance of th~s Agreement, or terminate th~s Agreement by written not~ce dal~vered to purchaser MISCELLANEOUS i Assl~ent of A~ree~ent 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- rant~es, covenants, and agreements o~ the part~es, as well as any r~ghts and benefits of the part~es, pertaining to a per~od of t~me following the closing of t~e transactions contemplated hereby shall survive the closing and shall not be merged there~n 3 Notice Any not~ce required or permitted to be delivered hereunder shall be deemed received when sent by Un.ted States mall, postage prepaid, certified ma~ 1, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the s~gnature of the party 4 Texas Law to A~ply Th~s Agreement shall be construed under and ~n accordance w~th the la~s of the State of Texas, and AEE008FE PAGE 5 all obllgat~ons of the part~es created hereunder are performable · n Denton County, Texas 5 Part~es Bound Th~s Agreement shall be b~nd~ng upon and · nure to the benefit of the part~es and their respective he~rs, executors, admln~strators, legal representatives, successors and assigns where permitted by th~s Agreement 6 Legal Construction In case any one or more of the pro- v~s~ons contained ~n th~s Agreement shall for any reason be held to be invalid, ~llegal, or unenforceable ~n any respect, sa~d ~n- validity, ~llegal~ty, or unenforce~O~l~ty shall not affect any other provision hereof, and th~s Agreement shall be construed as ~f the ~nval~d, ~llegal, or unenforceable provision had never been contained here~n 7 Prior A~reements Superseded Th~s Agreement constitutes the sole and only agreement of the part~es and supersedes any pr=or understandings or written or oral agreements between the part~es respecting the w~th~n subject matter 8 Ti~ of Essence T~me ~s of the essence ~n th~s Agreement 9 Gender Words of any gender used ~n th~s Agreement shall be held and construed to ~nclude a~ other gender, and words ~n the s~ngular number shall be held to ~nclude the plural, and v~ce versa, unless the context requires otherwise 10. Memorandum of Contract Upon request of e~ther party, both part~es shall promptly exe¢.ute a memorandum of th~s Agreement suitable for f~llng of record 11. Compliance In accordance w~th the requirements of the Texas Real Estate L~cense Act, Purchaser ~s hereby advised that · t should be furnished w~th or obtain a policy of t~tle ~nsurance or Purchaser should have the abs~=ract covering the Property examined by an attorney of PurchaserTs own selection 12 T~me L~m~t In the event a fully executed copy of th~s Agreement has not been returned to Purchaser w~th~n ten (10) days after Purchaser executes th~s Agreement and delivers same to Sel- ler, Purchaser shall have the r~ght to terminate th~s Agreement upon written not~ce to Seller AEE008FE PAGE 6 SELLER PURCHASER THE CITY, OF DENTON, T~ CKETT C~ty ~an~r 215 E McK~nney Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON . lns~ru~ent ~s acknowledged before me, on th~s ~-~day of ]~, 2000 by M~chael W Jez, C~ty Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name ~s subscribed to the foregoing ~nstrument and acknowledged to me that the same was the act of the sa~d C~ty of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the C~ty Council of the C~ty of Denton and that he executed the same as the act of the sa~d C~ty for purposes and conslderat~on there~n expressed, and an the cap~ty there~n statgd STATE OF TE~S CO~Y OF DE~ON T~s ~nst~ent ~s aoknowledged before me, o. ~h~s ~/-- ~ day of ~w~.~ , 2000 by ~DA S~ BROC~TT ~ RO~ER N WILKINSON ~ N~ary ~f~c 'in and for ~(~)~) No~Public, State of Texas ~ ~ ~y C.mmlsslo. ~,~re, 7~-~ the State of Texas AEE008FE PAGE 7 EXHIBIT ~A" Ail that certaan tract or parcel of land satuated an the Caty of Denton , Denton County, Texas, beang part of the Hara~ Sasco 320 acre survey , Abstract No 1184, and descrabed by metes and bounds as follows BEGINNING at a poant an the west lane of a certaan tract of land conveyed by John L Ruddell and wafe to Andrew D Morrow by deed, Dated February 14, 1893, and shown of record an Vol 49, Page 628, Deed Records of Denton County, Texas, 155 feet South of the Northwest corner of same, THENCE South 155 feet for corner, THENCE West 50 feet for corner, THENCE North 155 feet for corner, THENCE East 50 feet to the place of begannang EXHIBIT ~B" WARRANTY DEED Date Grantor Fredda Sue Brockett Grantee Caty of Denton Grantee's Maalang Address (ancludang county) Caty of Denton 215 E Mckanney Street Denton, Texas 76201 Denton, County Consaderataon TEN DOLLARS AND NO/100 ($10 00) and other good and valuable cons~derataon Property (~nclud~ng any ~mprovements) Ail those certain tracts of land being satuated an the Haram Slsco Survey, Abstract No 1184, Denton County, Texas and beang more particularly described ~n "EXHIBIT A" attached hereto and by thas reference being made a part hereof for all purposes Reservataons From and Exceptions to Conveyance and Warranty Easements, rights-of-way, and prescrapt~ve raghts, whether of record or not, all presently recorded anstruments, other than laens and conveyances, that affect the property GRANTOR , for the consaderat~on, receapt of whach as hereby acknowledged, and sub3ect to the reservataons from and exceptaons to conveyance and warranty, grants, sells and conveys to Grantee the property, together wath all and sangular the raghts and appurtenances thereto an any wase belongang, to have and to hold at to GRANTEE, GI~ANTEE'S hears, executor, admanastrators, successors or assagns forever GI~ANTOR bands GRANTOR and GRANTOR'S he.rs, executors, admanastrators and successors to Deed -1 warrant and forever defend all and s~ngular the property to GRANTEE and GRANTEE'S he.rs, executors, adm~n=strators, successors and assigns against ever~ person whomsoever lawfully cla~m~ng or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty When the context requires, s~ngular nouns and pronouns ~nclude the plural Fredda Sue Brockett 1908 Spr~ng Valley Dr Denton, Texas 76208 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON § This ~nstrument was acknowledged before me on th~s day of , 2000 by Fredda Sue Brockett Notary Public, ~n and for the State of Texas My Commission Expires Deed-2