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1999-008-FIRE STATION NO. 4, LOT 7, CITY BLOCK 166, RES 98-178 RESOLUTION NO. 99- 008 WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of December, 1998, in Resolution 98-178, authorize the selection of property for the locations of Fire Station No.2 and Fire Station No.4 and authorize the City Attorney to take necessary steps to procure such property; and, WHEREAS, an offer has been made to Donald W. Thompson for the purchase, at the appraised value, of Lot 7, City Block 166, being number 2315 Jefferson Road, for the location of Fire Station No.4; and, WHEREAS, the form of the Contract of Sale and Purchase, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; and, WHEREAS, in the event such property cannot be purchased by contract, it is deemed appropriate that the City Attorney be authorized to institute condemnation proceedings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Contract of Sale and Purchase, attached hereto as Exhibit A, for the purchase, at the appraised value, of Lot 7, City Block 166, being number 2315 Jefferson Road, for the location of Fire Station No.4 be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager, Michael E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Contract of Sale and Purchase with Donald W. Thompson, under the terms and conditions and in the form shown in Exhibit A, attached hereto; and, BE IT FURTHER RESOLVED, that the City Attorney, Scott P. Foster, be, and he is hereby, authorized to institute condemnation proceedings in the event such property carmot be purchased by contract. PASSED AND ADOPTED this 4th day of February, 1999. ~'!IltU0~ ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: ~~ Scott P. Foster, City Attorney CONTRACT OF SALE AND PURCHASE STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR } THJ\T, DONALD W. THOMPSON, of Irving, Dallas County, Texas, hereinafter called SELLER, and the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, of Paris, Lamar County, Texas, hereinafter called PURCHASER, do contract and agree as follows: 1. SELLER agrees to sell and PURCHASER agrees to buy the property described on Exhibit "A", attached hereto for $27,000.00 cash to be paid as follows: $1,000.00 cash deposited with Stone Title Company, Inc. as earnest money and as part payment, the receipt of which is hereby acknowledged by said deposit holder to be delivered to SELLER at the time of closing, and $26,000.00 cash to be delivered to SELLER by PURCHASER at time of closing at Stone Title Company, Inc., in Paris, Lamar County, Texas, with PURCHASER receiving possession of property on date of closing being on or before April 9, 1999. 2. SELLER agrees to furnish to PURCHASER General Warranty Deed and Title Policy. 3. SELLER agrees to pay all taxes due and owing through date of closing. 4. If said title company raises objections to the title to said property, SELLER shall have 30 days time within which to meet such objections, and if SELLER is unable to meet the objections, then the above mentioned deposit shall be returned to PURCHASER, and this contract shall thereupon terminate and all parties be released from liability hereunder; but if the title is approved, and either party hereto fails or refuses to consummate this contract, the other may, at his option, enforce specific performance of this contract. In the event PURCHASER is the defaulting party, SELLER shall have the right to retain said cash deposit as liquidated damages for the breach of this contract in lieu of enforcing specific performance. 5. SELLER agrees to deliver possession of property described on Exhibit A attached hereto on or after date of closing, vacant of any and all tenants. Such removal of tenants in the event the same becomes necessary to be at sole expense of SELLER. EXECUTED in triplicate originals this the 4th day of February, 1999. SELLER Donald W. Thompson t.AHIBIT A CITY OF PARIS, PURCHASER By: Michael E. Malone, City Manager Receipt of $1,000.00 Earnest Money is acknowledged in the form of check number Stone Title Company, Inc., Escrow Agent STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E. MALONE, City Manager of the City of Paris, Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of February, 1999. Notary Public, State of Texas STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared DONALD W. THOMPSON, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of , 1999. Notary Public, State of Texas ExmBIT "A" PROPERTY DESCRIPTION SITUATED within the corporate limits of The City of Paris, County of Lamar, and State of Texas, a part of the George W. Cox Survey #164, being Lot 7, City Block 166, located at 2315 Jefferson Road, and being a part of Tract 2 as conveyed Donald W. Thompson by deed recorded December 4,1981, in Volume 640, Page 381, of the Deed Records of said County and State, more particularly described as follows: BEGINNING at an iron pin (s) in a post at the Northwest corner of said Tract 2; THENCE South 88 Deg. 50 Min. East, along the South Boundary Line of a tract of land owned by Bray, a distance of321.1 feet to an iron pin (s) for corner in the North Boundary Line of said Tract 2; THENCE South 0 Deg. 18 Min. West, along The West Boundary Line of 24th Street S.E. and along a fence, a distance if 866.1 feet to a concrete marker (f) for comer; THENCE along the Northerly Boundary Line of Jefferson Road (Farm Road 1507) as follows: South 86 Deg. 47 Min. West 19.6 feet to a concrete marker (f); around a curve (R=2904.789) to the right 297.9 feet to a concrete marker (f); North 55 Deg. 39 Min. West 62.3 feet to an iron pin (s) for corner; THENCE along the West Boundary Line of said Tract 2 as follows: North 0 Deg. 42 Min. East, along a fence, a distance of 340.2 feet to a post (f); North 0 Deg. 51 Min. East 344.3 feet to The place of beginning and containing 5.849 acres ofland.