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HomeMy WebLinkAbout1999-267S IN, wnimcwwglnmmPsmHmaley H177 M. dm ORDINANCE NO 91- a 07 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ETTA JEAN HENSLEY, RELATING TO THE PURCHASE OF 0 430 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 33G), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Etta Jean Hensley, in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0 430 acres of land for the expansion of U S Highway 77 (Parcel 33G) SSECTION 2 That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 61e ay of 1999 ii" MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY / AP VED A TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between ETTA JEAN HENSLEY (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by September 30, 1999 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of $23,029.00. 2. P&Mnt of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights -of -way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as not forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposest otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights -of - way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. AEE008FE PAGE 2 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the beat of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before September 30,1999, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). AEE008FS PAGE 3 CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Deed and Drainage Easement Documents in the forms as attached hereto as Exhibit "E" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. E. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closing Regairements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costa associated with same shall be borne by Purchaser; 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; AEE008FE PAGE 4 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closino Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser REAL ESTATE CONNISSION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. AEE008FE PAGE 5 MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Annly. under and in accordance with t1 all obligations of the parties in Denton County, Texas. This Agreement shall be construed is laws of the State of Texas, and created hereunder are performable 5. Parties Souad. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Local Construction. in case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Suuerseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. S. Time of Essence. Agreement. Time is of the essence in this AEE008FE PAGE 6 9. Ganda . words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. F-} 4+10 4:1 AEE008FE DATED this day of 1999. PAGE 7 THE CITY OF DENTON, TEXAS r Citt Manager 215 E. McKinney Den on, Texas 76201 STATE OF TEXAS COUNTY OF DENTON Th s instr ant is acknowledged before me, on this day of� 1999 by Michael W. Jez, City Manager, of the City of De on, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for p9d case and consideration therein expressed, and in the capacit erein,ptated. ANN FORSYTHE Notary Public in n I Notary Public, WO of Taxes Mycom1wonWires the State of Texas �•. MAY 9, 2002 STATE OF T� COUNTY OF / ,/ This /instrument is acknowledged before me, on this b �~ day of 4 , 1999 by Etta Jean Eenslev. ROUR N V,1I rotaryRuben I Noti&y Public in and for (ornfyn..mn Bxrn r the State of Texas AEE008FE PAGE 8 County jEXHIBIT W Denton Page 1 of 2 Parcel 33G 0.1E Highway U.S. Project Limits. From U j s October, 19H To U.B. 380 CSJ 0198-02. Account LEGAL LAND DESCRIPTION FOR PARCEL = BEING A 0.430 ACRE PARCEL OF LAND SITUATED IN THE B.B S. & C. R R SURVEY, ABSTRACT NO. 186, IN DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 Mg ACRE TRACT OF LAND CONVEYED TO JERRY RAY MARTIN AND OUEVA E', MARTIN BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 918, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (ORDCT). SAID 0.430 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING for reference at a 1/2-Inch Iron rod found at the southeast comer of said Jerry Ray Martin tract, same being in the West line of that certain tract conveyed to Betty Ruth Davis Jackson and Joyce Davis Brenhottz (Jackson/Brenhohz) by Instrument of record in Volume 1181, page 104 ORDCT; THENCE N 000 51, 180 E, along the common line between said Jerry Ray Martin tract and sold Jackson/Brenholtz tract, a distance of 79.66 feet to a set 8/8-Inch Iron rod with an aluminum disk marked Texas Department of Transportation (TXDOT) for the POINT OF BEGINNING; sold point being on the new southwesterly right-of-way line of U.S Highway 77, (1) THENCE N 58' 1 V 3T W, along the new southwesterly right of way line of U.S. Highway 77, a distance of 340.84 feet to a set 6/e4noh Iron rod Vft an aluminum disk marked TXDOT in the common line between said Jerry Ray Martin tract and a called 1 IRIS acre tract conveyed to R 0. Martin by Instrument of record in File Volume 3178, page 886 ORDCT, (2) THENCE N 01" 34' 1T E, along said common line, a distance of 63 44 feet to a 1/2-inch Iron rod found for the northwest comer of said Jerry Ray Martin tract, same being In the existing southwesterly right•of- way line of U.S. Highway 77, (3) THENCE S W 15' W E, along the easterly line of said Jerry Ray Martin tract and the existing southwesterly right -of way line of said U.S. Highway 77, a distance of 339 44 feet to a 1/2-Inch Iron rod found at the northeast comer of said Jerry Ray Martin tract; (4) THENCE 3 01° 43' 56• E, along the easterly Ilhe of said Jerry Ray Martin tract and said right-of-way line, a distance of 4.82 feet to a 1/2-Inch Iron rod found; County Denton Parcel 330 Highway U.S. Project Umbs CSJ. 0196.02• Account From Lk 38 To U.S.3e0 EXHIBIT W Page 2 of 2 D-1a- October, 19% (6) THENCE 8 00° 51' 18' W. continuing along the east line of said Jerry Ray Martin tract, a distance of a9 88 feat to the POINT OF BEGINNING, and containing 0 430 acre, 18.722 square feet, more or less of land area within these mates and bounds A plat of even survey date herewith accompanies this description SURVEYED ON THE GROUND OCTOBER, 1990 ESPEY HUSTON & ASSOCIATES, INC. YZOL � , /- G. Dennis Oballs, R.P LIV Tome Registration No 4276 Date