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