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2000-434S \Our Documents\Ordmances\OO\Caldwell Ordinance doe ORDINANCE AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ROBERT H CALDWELL, III, ELLEN E CALDWELL, LAURA C CALDWI~LL AND JAMES H CALDWELL, RELATING TO THE PURCHASE OF 0 2927 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 ~s hereby authorized to execute a Real Estate Contract between the C~ty of Denton and Robert H Caldwell, III, Ellen E Caldwell, Laura C Caldwell and James H Caldwell ~n substantially the form of the Real Estate Contract whmh is attached to and made a part ofth~s or&nance for all purposes, for the purchase of approximately 0 2927 acre of land for use by the pohce department SECTION 2 The City Manager ~s authonzed to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 Thru ordinance shall become effective immediately upon Its passage and approval ,L PASSED AND APPROVED this thel:~~'~ day o~, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY AT~TORNEY BY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE ~s made by and between ROBERT H CALDWELL, III, ELLEN E. C~?.~WELL, LAURA C CALDWELL AND JAMES H C~T.~WELL (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule mun~c=pal=ty, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser") , upon the terms and conditions set forth here=n PURCRASEANDSALE 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 ~n Exhibit "A" attached w~th all r~ghts and appurtenances pertaining to the sa~d property, ~nclud~ng any r~ght, t~tle and ~nterest of Seller ~n and to adjacent streets, alleys or r~ghts-of-way (all of such real property, r~ghts, and appurtenances being hereinafter referred to as the "Property"), together w=th any ~mprovements, f~xtures, and personal property s~tuated on and attached to the Property, for the consideration and upon and sub3ect to the terms, provisions, and conditions hereinafter set forth Seller shall pay all cost for the removal, ~nstallat~on, construction, re~nstallatlon, reconstruction, labor and materials for any and/or xmprovements located w~thxn the property descr~bed ~nExh~b~t "A" Any ~mprovements not removed by May 1, 2001 shall become property of the C~ty of Denton, Texas PURCHASE PRICE i Amount of Purchase Prxce The purchase price for the Property shall be the sum of $40,000 00 2 Payment of Purchase Price The full amount of the Purchase Prxce shall be payable ~n cash at the closzng PURCHASER'S OBLIGATIONS The oblxgat~ons of Purchaser hereunder to consummate the transactxons contemplated hereby are subject to the sat=sfactxon of each of the followxng condxtxons any of which may be waived ~n whole or ~n part by Purchaser at or prior to the closing I Prellmanar~ Title Report W~than twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and exloense, shall have caused the Tatle Company (hereanafter defined) to assue a owners polac~ co~tment (the .Commitment") accompanied by cop~es of all recorded documents relatang to easements, raghts-of-way, etc , affecting the Property Purchaser shall gave Seller wratten notace on or before the exp~rataon of ten (10) days after Purchaser receaves the Co~natment that the condataon of tatle as set forth an the Commatment as or as not satasfactory In the event Purchaser states the cond~taon of tatle as not satasfactory, Purchaser shall, at Purchaser's optaon, promptly undertake to elamanate or modify all unacceptable ~tters to the reasonable satasfactaon of Purchaser In the event Purchaser as unable to do so wathan ten (10) days after receipt of written notace, this Agreement shall thereupon be null and vo=d for all purposes, otherwase, thas condataon shall be deemed to be acceptable and any ob3ectaon thereto shall be deemed to have been waived 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 l~censed Texas land surveyor acceptable to Purchaser The survey shall be staked on the ground, and shall show the location of all amprovements, haghways, streets, roads, raalroads, ravers, creeks, or other water courses, fences, easements, and r~ghts-of- way on or adjacent to the Property, af any, and shall contaan the surveyor's certafacataon that there are no encroachments on the Property and shall set forth the n~mBer 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 revaew and approve the survey In the event the survey as unacceptable, then Purchaser shall wathan the ten (10) day period, g~ve Seller wratten notace of thas fact Purchaser shall, at Purchaser's optaon, promptly undertake to elamanate or modify the unacceptable portaons of the survey to the reasonable satasfactaon of Purchaser In the event Purchaser as unable to do so wathan ten (10) days after receapt of wratten notace, Purchaser may termanate thas 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 written not~ce shall be deemed to be Purchaser~s acceptance of the survey 3 Seller.s Compliance Seller shall have performed, ob- served, and complaed wath all of the covenants, agreements, and condatlons requared by thas Agreement to be performed, observed, and complaed w~th by Seller prior to or as of the closang AEE008FE PAGE REPRESENTATIONS OF SELLER Seller hereby represents to Purchaser as follows, which representataons shall be deemed made by Seller to Purchaser also as of the closing date i There are no partaes an possess=on of any portion of the Property as lessees, tenants at sufferance, trespassers or other part~es, except for Robert H Caldwell, Jr owns a small storage bu=ld~ng whach ~s not attached to the land except by gravity 2 Except for the prior actions of Purchaser, there is no pending or threatened condemnation or s~m~lar proceeding or assessment or suit, affecting t~tle to the Property, or any part thereof, nor to the best knowledge and bel=ef of Seller ~s any such proceeding or assessment contemplated by any governmental authoraty. 3 To the best of the Seller's knowledge, Seller has complied wath all appl=cable laws, ordinances, regulataons, statutes, rules and restr=ct~ons relating to the Property, or any part thereof 4 To the best of the Seller's knowledge, there are no tox=c or hazardous wastes or materials on or w~th~n the Property CLOSING The closing shall be held at the off~ce of F~rst American T~tle Company, 300 North Elm Street, Denton, Texas 76201 on or after January 1, 2001, and more specifically the closing date shall be January 26, 2001 or at such tatle company, t~m~, date, and place as Seller and Purchaser may mutually agree upon (which date as here~n referred to as the "closing date") CLOSING REQUIREMENTS i Seller,s Requirements At the closing Seller shall A Deliver to C~ty of Denton a duly executed and acknowledged Special Warranty Deed ~n the form as attached hereto as Exhlb~t KB" conveying all the r~ght, title, and ~nterest of Seller to all of the Property, free and clear of any and all liens, encumbrances, condlt~ons, easements, assessments, and restractaons, except for the following. i ~eneral real estate taxes for the year 2000 and for the year of closing through AEE008 FE PAGE 3 the date of closing and subsequent years not yet due and payable, 2 Any exceptaons approved by Purchaser pursuant to Purchaser's Obligations hereof, and 3 Any exceptaons approved by Purchaser writing. B Purchaser to obtaan a Texas Owner's Pol~c~ of Tatle Insurance at Purchaser's sole expense, ~ssued by F~rst American T~tle Company, Denton, Texas, (the "T~tle Company"), or such t~tle company as Seller and Purchaser may mutually agree upon, an Purchaser's favor ~n ~he full amount of the purchase price, ~nsur~ng fee s~mple t~tle to the Property subject only to those tatle exceptions listed · n Clos~n~ Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed except=ons contained ~n the usual form of Texas Owner's Pol=cy of T~tle Insurance, provided, however i The boundary and survey exceptions shall be deleted ~f required by Purchaser and ~f so required, the costs associated w~th same shall be borne by Purchaser, 2 The exception as to restrictive cove- nants shall be endorsed "None of Record", 3 The except=on for taxes shall be l~m~ted to the year of closing and shall be endorsed "Not Yet Due and Payable" as to 2001, and 4 The exception as to l~ens encumbering the Property shall be endorsed "None of Record" C The Special Warranty deed contemplated hereto shall contain the following statement "The property hereby conveyed ~s the separate property and estate of each of the Grantors here~n Each Grantor ~s conveying their 1/4 undivided =nterest an the Property" AEE008FE PAGE D Deliver to Purchaser possession of the Property on May 1, 2001, 12 01 A M , Central Standard T~me 2 Purchaser.s Re~u~rement~ Purchaser shall pay the cons=derat~on as referenced ~n the .Purchase Price" section of th~s contract at Closing ~n ~mmed~ately available funds 3 Closing Costs Purchaser shall pay all taxes assessed by any tax collection authority for the years 2000 and 2001 through the date of Closing Ail other costs and expenses of closing ~n consumn%at~ng the sale and purchase of the Property not spec~flcally allocated here~n shall be pa~d by Purchaser, ~nclud~ng any escrow or closing fees charged to Sellers customarily or otherwise, except for Seller's attorney fees REAL ESTATE C(H~4ISSION Ail 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 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 performance of th~s Agreement or terminate th~s Agreement by written not~ce delivered to seller BREACH BY PURCHASER In the event Purchaser should fa~l to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth ~n PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may e~ther enforce speclf~c performance of th~s Agreement, or terminate th~s Agreement by written notice delivered to purchaser. MISCELLANEOUS i Survival of Covenants Any of the representations, war- rent.es, covenants, and agreements of the part~es, as well as any r~ghts and benefits of the part~es, pertaining to a one year per~od of tame following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged there~n Surv~v&l of Covenants shall terminate one (1) year after the date of closing AEE008FE PAGE 5 2 Notace Any notice required or permatted to be delivered hereunder shall be deemed receaved when sent by Un.ted States maal, postage prepaid, certified mall, return recexpt requested, addressed to Seller or Purchaser, as t_he case may be, et the address set forth beneath the s~gnature of the party 3 Texas Law to Apply Thas Agreement shall be construed under and an accordance wath the laws of the State of Texas, and all obllgataons of the partaes created hereunder are performable an Denton County, Texas 4 Part~es Bound Thas Agreement shall be banding upon and anure to the benefat of the part~es and thear respective hears, executors, a~manastrators, legal representataves, successors and assagns where permattedby thas Agreement 5 Legal Construction In case any one or more of the pro- vlsaons contaaned in thas Agreement shall for any reason be held to be anvalad, allegal, or unenforceable ~n any respect, said an- validity, ~llegal~ty, or unenforceab~laty shall not affect any other provasion hereof, and thas Agreement shall be construed as ~f the anvalad, allegal, or unenforceable provas~on had never been contaaned here~n 6 Prior A~reements Superseded Thas Agreement constatutes the sole and only agreement of the part~es and supersedes any praor understandings or wratten or oral agreements between the partaes respecting the w~th~n sub3ect matter 7 Tame of Essence Tame as of the essence an thas Agreement 8 Gender Words of any gender used an thas Agreement shall be held and construed to anclude any other gender, and words an the sang~lar number shall be held to anclude the plural, and vace versa, unless the context requares otherwase 9 Memorandum of Contract part~es shall promptly execute suatable for fallng of record Upon request of eather party, both a memorandum of thas Agreement 10 Compliance In accordance wath the requarements of the Texas Real Estate L=cense Act, Purchaser Ks hereby advased that at should be furnished wath or obtain a policy of tatle ansurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selectaon AEE008FE PAGE 11 Tame Limat In the event a fully executed copy of thas Agreement has not been returned to Purchaser wathan ten (10) days after Purchaser executes thas Agreement and delayers same to Sel- ler, Purchaser shall have the right to terminate th~s A~reement upon wratten not~ce to Seller 12 It is understood and agreed by the Purchaser and Seller that thas transactaon ~s a sale of land an gross and not by the square foot or acre and fractaons thereof The Speclal Warranty Deed contemplated by the parties hereto shall contain the followlng statement verbatam, to-wat "It as understood and agreed that the part~es hereto that this transaction ~s a purchase and sale of land ~n gross and not by the square foot or acre and fractaon thereof Seller does not warrant the area content of the tract of land conveyed" 14 Seller's tenant, Robert H Caldwell, Jr owner of the small storage bualdang located, but not attached on or to, the property, shall have until April 31, 2001 to remove saad small storage bualdang to another locatlon DATED thas ~. day of~~_, 2000 SELLER PURCHASER THE CITY OF DENTON, TEXAS ~s Attorney-~n-fact for Robert H Caldwe11, III, Ellen E Caldwell, Laura C Caldwell and James H Caldwell STATE OF TEXAS COUNTY OF~ This anstrument as acknowledged before me, Cat , 215 E Mc~K~nney Denton, Texas 76201 ~PPROVED AS TO FORM.,/ CiTY ATrOR~L~Y, // on ~ ~ day of ~~t.--, 2000 by Robert E .Caldwell~ Jr as Attorney-an-fact for Robert H Caldwell~ III~ Ellen E. Caldwell~ Laura C Caldwell and James H Caldwell. '~ ~""""~,~ ROGER N WILKINSON PAGE 7 STATE OF TEXAS COUNTY OF DENTON T~ lns~rument is acknowledged before me, on th~s ~ day of ~~), 2000 by M~chael W Jez, C~ty ~nager, of the C~ty of Denton, a m~lcl~al co~oratlon, kno~ to me to be ~e person and officer whose n~ ~s s~scr~bed to the foregoing ~nstr~ent and acknowledged to me that the s~e was the act of the sa~d C~ty of Denton, T~as, a ~c~pal co~orat~on, t~t he was ~y au~o=~zed to per~o~ ~e s~e by appropriate or~ance of the C~ty Council of ~e C~ty of Denton and that he exec~e~ the s~e as the act of the sa~d C~ty for pu~oses and cons~~sed, and ~n the capacity there~n stated the State of ~s ] ~,(~,~ No~Pub~l~,S~teofTexas ~ Te~ AEE008FE PAGE 8 EXHIBIT "A" All that certmn tract or parcel of land situated in the City of Denton, County of Denton and State of Texas, about one mile east of the pubhc square in said City of Denton and being a part of the Hiram C~sco 320 acre survey, and a part of a certain two acre lot or tract deeded by C Metz to B F Taylor on the 5 TM day of May, 1891 and recorded ~n Vol 45, Page 400, Deed Records of Denton County, Texas and more particularly described as follows, to wit BEGINNING at the Southeast comer of smd two acre tract THENCE West w~th the South boundary llne of the same 85 feet, more or less, THENCE North parallel with the East boundary hne 150 feet, more or less, THENCE East 85 feet to the East boundary hne of smd two-acre tract, more or less, THENCE South wtth the East boundary line 150 feet to the PLACE OF BEGINNING (Smd property being bordered on the South by the North hne of East Oak Street and the East hne of Frame Street-hes south of McK~nney Street east of the railroad tracks ) EXHIBIT SPECIAL WARRANTY DEED Date Grantor Robert H Caldwell, III, Ellen E Caldwell, Laura C Caldwell and Jam~s H Caldwell (GRANTOR) 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 consaderataon Property (~ncludang any ~mprovements) Ail those certaxn tracts of land bexng s~tuated an the H~ram Sasco Survey, Abstract No 1184, Denton County, Texas and being more partacularly described an "EXHIBIT A" attached hereto and by th~s reference beang made a part hereof for all purposes The property hereby conveyed as the separate property and estate of each of the GRANTORS herean Each GRANTOR as conveying thear 1/4 undavlded anterest ~n the Property Reservataons From and Exceptaons to Conveyance and Warranty Easements, rxghts-of-way, and prescriptive raghts, whether of record or not, all presently recorded anstruments, other than laens and conveyances, that affect the property GRANTOR , for the conszderataon, receipt of which Ks hereby acknowledged, and sub3ect to the reservatxons from and exceptaons to conveyance and warranty, grants, sells and conveys to GRANTEE the property, together with all and s~ngular the r~ghts and appurtenances thereto an any wase belongang, to have and to hold at to GRANTEE, GRANTEE'S hears, executor, adm~nxstrators, successors or assLgns forever GRANTOR binds GRANTOR and GRANTOR~S helrs, executors, administrators and successors to Deed -1 warrant and forever defend all and s~ngular the property to GRANTEE and GRANTEE'S heLrs, executors, adm~nLstrators, successors and assLgns agaLnst every person whomsoever lawfully claLm~ng or to claim the same or any part thereof, by through or under GRANTOR, but not otherwLse ThLs conveyance Ls made sub3ect to all ad valorem taxes for the year 2000 and subsequent years It ~s understood and agreed that the partLes hereto that th~s transactLon Ls a purchase and sale of land Ln gross and not by the square foot or acre and fractLon thereof GRANTOR does not warrant the area content of the tract of land conveyed When the context requLres, s~ngular nouns and pronouns · nclude the plural Robert H Caldwell, Jr as Attorney-Ln-fact for Robert H Caldwe11, III, Ellen E Caldwell, Laura C Caldwe11 and James H Caldwell 2603 Jamestown Ln Denton, Texas 76201 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Th~s Lnstrument Ls acknowledged before me, on thLs day of , 2000 by Robert E. Caldwell~ Jr. as Attorne~-~n-fact for Robert H Caldwell~ III~ Ellen E Caldwell~ Laura C Caldwell and James H Caldwell. Deed-2 FATCO SPECIAL WARRANTY DEED 006779 Grantor: Robert H. Caldwell, III, Ellen E. Caldwell, Laura C. Caldwell and James H. Caldwell (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 improvements): Ail those certain tracts of land being situated in the Hiram Sisco 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. The property hereby conveyed is the separate property and estate of each of the GRANTORS herein. Each GRANTOR is conveying their 1/4 undivided interest in the Property 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, SCANNED successors or assigns forever. GRANTOR binds GRANTOR and GRANTOR'S heirs, executors, a'dministrators and successors to Deed -1 warrant and forever defend all and singular the property to GRANTEE and GRANTEE'S heirs, executors, administrators, successors and assigns against every person whomsoever lawfully cla~m~ng or to claim the same or any part thereof, by through or under GRANTOR, but not otherwise. This conveyance is m~de subject to all ad valorem taxes for the year 2000 and subsequent years. It is understood and agreed that the parties hereto that this transaction is a purchase and sale of land in gross and not by the square foot or acre and fraction thereof. GRANTOR does not warrant the area content of the tract of land conveyed. When the context requires, sinqular nouns and pronouns include the plural. Attorney-ia-fact for Robert H. Caldwell, III, Ellen E. Caldwell, Laura C. Caldwell and James H. Caldwell 2603 Jamestown Ln. Denton, Texas 76201 ACKNOWLEDGMENT STATE OF TF~XAS /~s instrument is acknowledged before me, on this ~ day o ~.~ , 2000 by Robert H. Caldwell, Jr. as Attorney-in-fact ~or Robert H. Caldwell~ III, Ellen E. Caldwell~ Laura C. Caldwell and James H. Caldwell. Notary Public State of T~xas "- 760 01381 EXHIBIT "A" All that certain tract or parcel of land situated in the City of Denton, County of Denton and State of Texas, about one mile east of the public square in said City of Denton and being a part of the Hiram Cisco 320 acre survey, and a part of a certain two acre lot or tract deeded by C. Metz to B.F. Taylor on the 5TM day of May, 1891 and recorded in Vol. 45, Page 400, Deed Records of Denton County, Texas and more particularly described as follows, to wit: BEGINNING at the Southeast comer of said two acre tract: THENCE West with the South boundary line of the same 85 feet, more or less; THENCE North parallel with the East boundary line 150 feet, more or less; THENCE East 85 feet to the East boundary line of said two-acre tract, more or less; THENCE South with the East boundary line 150 feet to the PLACE OF BEGINNING. (Said property being bordered on the South by the North line of East Oak Street and the East line of Frame Street-lies south of McKinney Street east of the railroad tracks.) ~760 0i382 .. Filed fop Record in: DENTON COUNTY. TX CYNTHIA MITCHELL, COUNTY CLERK On Jan 24 2001 Rt 2:44pm Receipt #: 3598 Recepdin§: 9.00 Doc/Mgmt : 6.00 Doc/Num : 2001-R0006779 Doc/Type : WD Deputy -Jennifer