1999-009-FIRE STATION NO. 2, 4065 PINE MILL ROAD, RES 98-178
RESOLUTION NO.
99-009
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 Gerald E. White for the purchase, at the appraised
value, of a 40,050 square foot vacant site at 4065 Pine Mill Road for the location of Fire Station
No.2; 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 caffilot be purchased by contract, it is deemed
appropriate that the City J\ttorney 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 a 40,050 square foot vacant site at 4065 Pine Mill Road for the location of Fire
Station No.2 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 Gerald E. White, 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 caffilot be
purchased by contract.
PASSED AND ADOPTED this 4th day of February, 1999.
(]/Uti ~
Charles H. Neeley, May r
ATTEST:
Mattie CUffilingham, City Clerk
APPROVED AS TO FORM:
~ r '
Scott P. Foster, City Attorney
CONTRACT OF SALE AND PURCHASE
STATE OF TEXAS }
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR }
THAT, GERALD E. WHITE, of Paris, Lamar 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 $17,000.00 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 $16,000.00 cash to be delivered to SELLER by
PURCHASER at time of closing at Stone Title Company, Inc., in Paris, Lamar County,
T iMi'/i'_EiiillIIllili_i_ililIilI&iBllIIil-'-_liiIiriiEliI1iIii"I'\IRiIB"_illll"i__'il'Jiiil..
exas, MRl~mn~~.~t~",,~h'J~~~~!\~;l. &",," ;. ,;: "",,4Bef!I\i 'm~iM:~'#'ji~
..'!1.~, with PURCHASER receiving possession of property on date
of closing being on or beforell~p;~,I~..
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 consurmnate 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
Gerald E. White
tXHIBIT 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 GERALD E.
WHITE, known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that they 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 E. Crow Survey A-208, being a part of a 69.33 acre tract of land, located
'i'*'<+>:">, '.'
at 4065 Pine Mill Road as conveyed to Gerald E. White by deed recorded: :~:u~iu'.': , in Volumei ,
Page , of the_lIII[iII!&\] Records of said County and State, more particularly
described as follows:
BEGINNING at point for comer being the Southeast corner of said 69.33 acre tract;
THENCE North along the East Boundary Line of said tract a distance of approximately 150
feet to a point for corner;
THENCE West a distance of267 feet to a point for comer;
THENCE South a distance of 150 feet to a point for corner in the South Boundary Line of
said tract;
THENCE East a distance of 267 feet to the place of beginning and containing 40,050 square
feet ofland.