Ordinance No. 9,146ORDINANCE NO. 9146
® AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT
WITH CEDARCREST CEMETERY FOR THE SALE OF APPROXIMATELY SIX
ACRES OF LAND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the
Mayor and the City Clerk of the City of Baytown to execute and attest to a. contract with Cedarcrest Cemetery
for the sale of approximately six acres of land. A copy of said contract is attached hereto, marked Exhibit "A,"
and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 12`t day of April, 2001.
PETE C. ALFARO, Nfayor
ATTEST:
I ,
G 4 Y W. §MITI, City Clerk
APPROVED AS TO FORM:
ACID RAMIREZ, S ., ity Attorney
d\MyDocuments \Counci1\00 -01 \ April\ AuthorizeSaleofLandtoCedarcrestCemetery
® CONTRACT FOR SALE OF LAND
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STATE OF TEXAS
COUNTY OF HARRIS
This Contract is made and entered into this day of April, 2001, by and between the
CEDARCREST CEMETERY, hereinafter known as the "Buyer," and CITY OF BAYTOWN, a
municipal corporation located in Harris and Chambers Counties, Texas, hereinafter known as the
"Seller."
I.
IN GENERAL
The Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the
property described below.
II.
PROPERTY
The property subject to this Agreement is located in Harris County, Texas, more particularly
depicted in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes
and shall be hereinafter referred to as "Property."
III.
SALES PRICE
The sales price of the Property is TWENTY THOUSAND AND N01100 DOLLARS
($20,000.00), which sum shall be paid in full at closing and shall be referred to herein as "Sales
Price."
IV.
DEPOSIT
Buyer shall deposit ONE THOUSAND AND NO /100 DOLLARS ($1,000.00) with Donna
Sams, Director of Finance, whose office is located at 2401 Market Street, Baytown, Texas, upon
execution of this contract by both parties. The parties hereto agree that such monies are to be used
for the cost of the survey and the requisite plats. This deposit is made with the understanding that
Donna Sams is not (a) a party to this contract and does not have any liability for the performance or
non - performance of any party to this contract, (b) liable for interest on the Deposit, or (c) liable for
any loss of deposit caused by the failure of a financial institution in which the deposit has been
placed. At closing, the full amount of the deposit shall be applied to the payment of the sales price.
Contract for Sale of Land, Page 1
I: I�Iit
® V.
SURVEY
Seller shall furnish to Buyer, at Buyer's'expen'se using the monies specified in Article IV
herein, a survey of the Property. The survey shall be made by a Registered Professional Land
Surveyor. The plat shall (a) identify the Property bymetes and bound's or platted lot description; (b)
show that the survey was made and staked on the ground with the corners permanently marked; (c)
set forth the dimensions and total area of the Property; (d) show the location of all improvements,
highways, streets, roads, railroads, rivers, creeks or other waterways, fences, easements and rights -of-
way on the Property with all easements and rights -of -way referenced to their recording information;
(e) show any discrepancies or conflicts in boundaries, any visible encroachments, and any portion of
the Property lying within the one hundred (100) year flood plain as shown on the current Federal
Emergency Management Agency map; and (f) contain the surveyor's certificate that the survey as
shown by the plat is true and correct.
VI.
CLOSING
The closing of the sale shall be on or before the 30th day of May, 2001, or within seven (7)
days after the final plat has been approved by the Growth Management and Development Advisory
Commission, whichever date is earlier, such date hereinafter referred to as "Closing Date." At
closing, Seller shall tender a Deed Without Warranty to Buyer.
VII.
POSSESSION
The possession of the Property shall be delivered to Buyer at closing.
VIII.
NON - WAIVER
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
IX.
GOVERNING LAW
This contract shall in all respects be interpreted and construed in accordance with and
® governed by the laws of the State of Texas and the City of Baytown, regardless of the place of its
execution or performance. The place of making and the place of performance for all purposes shall
be Baytown, Harris County, Texas.
Contract for Sale of Land, Page 2
® X.
SEVERABILITY
All parties agree that should any provision of this contract be determined to be invalid or
unenforceable, such determination shall not affect any other term of this contract, which shall
continue in full force and effect.
XI.
NO RIGHT TO ARBITRATION
Notwithstanding anything to the contrary contained in this contract, the Buyer and the Seller
hereby agree that no claim or dispute between the Buyer and the Seller arising out of or relating to
this contract shall be decided by any arbitration proceeding, including, without limitation, any
proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1 -14), or any applicable state
arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in
the event that the Buyer is subjected to an arbitration proceeding notwithstanding this provision, the
Seller consents to be joined in the arbitration proceeding if the Seller's presence is required or
requested by the Buyer for complete relief to be recorded in the arbitration proceedings.
XII.
MISCELLANEOUS PROVISIONS
This contract shall not bestow any rights upon any third party, but, rather shall bind and
benefit the Seller and the Buyer only. This contract contains all the agreements of the parties relating
to the subject matter hereof and is the full and final expression of the agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have executed this contract in multiple copies,
each of which shall be deemed to be an original, but all of which shall constitute but one and the
same contract on the day of April, 2001, the date of execution by the Mayor of the City of
Baytown.
BUYER:
CEDARCREST CEMETERY
fficer's Signature
Officer's Printed Name
® Officer's Title
Contract for Sale of Land, Page 3
SELLER:
PETE C. ALFARO, Mayor
CITY OF BAYTOWN, TEXAS
ATTEST:
GARY W SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
STATE OF TEXAS
COUNTY OF HARRIS §
Before ;mss , 'Sx the ndo si ned not public, on this day
g
personally app ' the of
CEDARCREST CEMETERY
known to me;
proved to me on the oath of or
proved to me through his/her current
{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person}
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he /she executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this'�Tday of April, 2001.
9 JEANENE R. YOUNG
I� notary Public, State of Texas
Commission Expires Dec. 7, 2004
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Contract for Sale of Land, Page 4
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File No. 17-E-8
Harris Count