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2000-433S \Our Docume~tsXOrfl~nanees\00\Phflhps Ordinance doc AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND FRANCILLE PHILLIPS AND ALBERT PEREZ, RELATING TO THE PURCHASE OF 0 4626 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 HEREBY ORDAINS SECTION 1 The C~ty Manager is hereby authorized to execute a Real Estate Contract between the City of Denton and Francllle Phflhps and Albert Perez m substantmlly the form of the Real Estate Contract which ~s attached to and made a part of this ordinance for all purposes, for the purchase of approximately 0 4626 acre of land for use by the pohce department SECTION 2 The C~ty Manager ~s authonzed to make the expenditures as set forth ~n the attached Real Estate Contract SECTION 3 Th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND 'APPROVED this the ~ day of~, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY AP~OVED AS TO LEGAL FORIVi...~/ REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between FRANCILLE PHILLIPS AND ALBERT PEREZ (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter re£erred to es "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 o£ such real prop- erty, 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. Purchaser shall be permitted to removal the existing metal building and wooden fence and/or any improvements located within the property described in Exhibit aA". Any improvements not removed by December 31, 2000 shall become property of the City of Denton, Texas PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of $65,000.00. 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 contempl&ted 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 the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the nCommitment~) 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, Purchaser shall, at Purchaser's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Purchaser is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposesl 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 e 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 £orth 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. Purchaser shall, at Purchaser's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Purchaser is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shell thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's £ailure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. AEE008FE PAGE 2 3. Seller's Compliance. Seller shall have perfoz~ned, ob- sex~sd, and complied with all of the covenants, agreements, and conditions required by this agreement to be performed, observed, and co~plied with by Seller prior to or as of the closing. REPRESENTATIONS 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. To the best of the seller's knowledge, Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions 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 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 First American Title Company (formerly Dentax) on or before November 30, 2000, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the #closing date"). AEE008FE PAGE 3 CLOSINg REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: A. Deliver to City of Denton a duly executed and acknowledged Deed in the form as attached hereto as Exhibit ~B" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except £or the following: 1. ~eneral 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 here- o£~ and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy o£ Title Insurance at Seller's sole expense, issued by First American Title Company, Denton, Texas, (the mTitle Company"), in Purchaser's favor in the full amount of the purchase price, insuring fee simple title to the Property subject only to those title exceptions listed in Closin~ 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 Purchaeer~ 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 Payablem~ AEE008FE PAGE 4 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. Purohaser"s Re~uirements. Purchaser shall pay the consideration as referenced in the .Purchase Price" section of this contract at Closing in immediately available funds. 3. Closin~ Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other Oosts and expenses of closing in consum~ating 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 All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. 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 cons,,--,ate 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. AEE008FE PAGE 5 MISCELLANEOUS 1. Assignment of Agreement. This Agreement ma7 be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements o£ the parties, as well as any rights and benefits of the parties, pertaining to a period of time £ollowing 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. 4. Texas Law to ADDIY. 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 perfor~aable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, a~ministrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one 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. V. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or ~rritten or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Agreement. Time is of the essence in this 9. Gender. Words of any gender used in this Agreement shall AEE008FE PAGE 6 be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice verse, unless the context requires otherwise 10. Memorandum o£ Contract. Upon request of either party, both parties shall promptly execute e memorandum of this Agreement suitable for £iling o£ record. 11. compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be £urnished with or obtain · policy of title insurance or Purchaser should have the abstract covering the Property exemined by an attorney o£ 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 seme to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this ~day o£~, 2000. SELLER - Fr~ncille Phiflips il~ft~ ~ere, PURCHASER THE CITY OF DENTON, TEXAS 215 E McKinney Denton, Texas 76201 AEE008FE / APPROVED AS TO ^"rroR // CITY OF ~L~'I' J,E'~S PAGE 7 STATE OF T~ COUNTY OF T~/;/~z..j~rument is acknowledged before me, · 2000 b7 Francille Phillips. ~]~ /~ ,06ER N WILKINSON on this / ~ Nota~ Public in and for the State of Texas day of This instrument is acknowledged before me, on this ~od- , 2000 by Albert Perez. ROSER N WILKINSON Notary Put31~e State et Texas the State of Texas day of STATE OF TEXAS COONTY OF DENTON ,T~is instrument is acknowledged before me, on this~__ day of 7~' 2000 by Miohael W. Jez, City Manager,~/~of the City c~f De.ton, a municipal corporation, known to me to he the person and officer whose name is subscribed to the foregoing instrument and aoknowledged to me that the same was the act of the said City of Denton, Texas, e municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton another he executed the same as the act o~ the said City for/~rposes and consideration therein expressedLand in the capac/~7 the~ stat~_~/ [}.~i:~ ANNFOR$¥TH_E ~ No~y' P~ic iW/and for ~ [*~ ~ ]'J My¢ommtWon~xpImi ~ tne utace o: wexas AEE008FE PAGE 8 EXHIBIT "A" .Kit tha~ ceftin lot tt~c% or i~a~el of I~nd mtuated tn the Oty and County of Denton Sram or Te~e~. ~Jn~ a p~ of Ihe H~mm Siva Su~ey. Ab,~ut No ~ l~4. on the North ~dc of E~ O~ Steer In the said City of ~nton. =nd de~cd~d by meter and ~und~ rollows ~d H F Schweer m Reid Smith: Thence Wg~t Thence North ~ feel Thence E~sl 6S ~ncg South ~5~ f~t ~o the place or bc~nmng All thg ~a~n Jot ~t or pa~el ot tend situated In the Clly ~d County o{ ~nton State ot Te~M and ~tn~ a pan of the Hiram Silo Su~ey, Ab,trec~ Ho I 1~4. and dc~d ~ follows BEGINNING 6~ fee~ We~ o~ ~e ~uthw~t corner of a lot ~old by Slout and S~hwett u~ Reld Smith by d~td ~orded m Book 54 P=ge 377. O~d R~ord~ ot Demon Counl~ Thence West 65 feet to B F Tuyl.r'~ on,ina1 tine Thence H~rth 155 I~t Thcn~e East 65 ~eet, Thcn~e Sc~uth 15~ [eel Io the plume ot ~g~nnmg EXHIBIT ~B" WARRANTY DEED Date= Grantor= Grantee= City of Denton Grantee's Mailing Address (including county)= City of Denton 215 E. Mckinney Street Denton, Texas 76201 Denton, County Consideration: TEN DOLLARS AND NO/100 ($10.00) and other good and valuable consideration. Property (including any improvemente)~ All those certain tracts of land being situated in the Hiram Sisoo Survey, Abstract No. 1184, Denton County, Texas and being more particularly described in ~EXHIBIT A" attached hereto and by this reference being made a part hereof for all purposes. Reservations From and Exceptions to Conveyance and Warranty= Easements, rights-of-way, and prescriptive rights, whether of record or not~ all presently recorded instruments, other than liens and conveyances, that affect the property. GRANTOR , for the consideration, receipt of which is hereby acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee 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, executor, administrators, successors or assigns forever. GRA~1TOR binds GRANTOR and GRANTOR'B heirs, executors, administrators and successors to Deed -1 warrant and forever de£end all and singular the property to GRANTEE and GRANTEE'S heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reserva~ions from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF of This instrument was acknowledged before me on this __ · 2000 by day Notary Public, in and for the State of Texas My Co~ission Expires= STATE OF TEXAS COUNTY OF of This instrument was acknowledged before me on this __ , 2000 b7 day Deed-2 Notary Public, in and for the State of Texas My Co~n~ission Expires.