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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.