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