Res 2015 9/20/1977RESOLUTION NO. Q
RESOLUTION APPROVING OPTION CONTRACT WITH
ROBERT SEABURY AND OTHERS FOR PURCHASE OF
PARK SITE IN MIDWESTERN PARK ADDITION.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain option contract, a copy of which is attached
hereto, between the City of Wichita Falls and Robert Seabury
and any other owners of such property, granting to the City
the right to purchase a tract containing approximately
six acres for a park, is hereby approved, and the City
Manager is authorized to execute the same for the City
of Wichita Falls.
PASSED AND APPROVED this the 20th day of September,
1977.
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ATTEST:
N=A_11
City Clerk
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8/16/77 P. 4-4
THE STATE OF TEXAS X
COUNTY OF WICHITA X
This agreement made and entered into this the day
of 1977 , by and between the City of Wichita Falls,
Texas, hereinafter called City, and Sikes Senter Corporation
and Robert Seabury, hereinafter called Subdividers,
WITNESSETH:
WHEREAS, Ordinance No. 2118, the comprehensive subdivision
ordinance of the City of Wichita Falls, requires that all
subdividers set aside land for park purposes when the master
park plan of the City shows a park is required in the area
to be subdivided; the ordinance provides that the City shall
be granted an option to purchase the land so set aside for
park purposes; and,
WHEREAS , Developers have filed with the City the 10th
Preliminary Plat of Midwestern Park, a subdivision of the
City of Wichita Falls, and the parties desire to formalize
the option which the City has by virtue of the above ordin-
ance for park land out of the area of 291. 946 acres covered by
such preliminary plat.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES
and mutual covenants herein contained, and in compliance
with such ordinance, the parties hereto do hereby agree as
follows:
Subdividers do hereby grant to City an option to purchase
for park purposes the following described land situated in
Wichita County, Texas , to-wit:
All of Block 16 of Midwestern Park, as shown on the 10th
Preliminary Plat thereof dated June 30, 1977 , prepared by
Biggs & Mathews, Inc. , which plat is on file in the Planning
Department of City, save and except that part of Block 16
which lies south and east of a line running from the most
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westerly corner of Lot 34 of Block 2 to Miller Road, which line
is perpendicular to Miller Road, ; such tract contains approxi-
mately six acres of land.
City must exercise its option to purchase such land with-
in sixty days after such time as 140 single family dwelling
units (including town houses and patio houses) have either
been built or are under construction within the total area
of 291. 946 acres covered by said preliminary plat as shown
in the field notes thereon. Subdividers shall give written
notice to City' s Director of Planning stating the date on
which such 140 single family dwelling units have been con-
structed or are under construction.
If City fails to exercise this option, the option shall
terminate, and Subdividers may proceed to develop the land
in any way authorized by the subdivision ordinance, with no
further requirement concerning park lands in the area covered
by such preliminary plat insofar as Ordinance No. 2118 is
concerned.
To exercise this option, City shall give Subdividers
notice in writing within such sixty day period, delivered
by certified mail or by hand, stating the fact that it does
exercise its option. If such notice is sent by certified
mail, it shall be sufficient if the notice is actually de-
posited in the United States mail within such sixty day
period. If City does exercise its option, the purchase
price to be paid by City to Subdividers for such land shall
be the sum of $5,000 per acre cash. The actual quantity of
land contained in the tract shall be determined by a licensed
land surveyor. In addition, City shall pay its pro rata part
of all development costs attributable to such park land
including abutting streets and utilities necessary to serve
such park land.
Subdividers shall furnish to City either a complete
abstract of title to said property, or shall furnish a policy
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of title insurance. If abstract of title is furnished, City
shall, within ten days from the receipt of the abstract,
either accept the title or return the abstract to Subdividers
with written objections to the title. If title objections
are made, Subdividers shall have a reasonable time to cure
such objections.
When the title objections have been cured, or when the
title company approves title, Subdividers shall deliver a
general warranty deed conveying to City good and marketable
title to the above described property, free and clear of
all encumbrances, and City shall pay to Subdividers the pur-
chase price.
IN WITNESS WHEREOF, the parties hereto have caused
this instrument to be executed as of the day and year first
set out above.
City of Wichita Falls, Texas
BY:
Sikes Senter Corporation
BY:
Robert Seabury
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