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HomeMy WebLinkAbout1999-363S �Ouroocuma�YWrdinmufSAM wml tushwgr tl ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND LEE ROY MITCHELL AND J C MITCHELL, RELATING TO THE PURCHASE OF 0 644 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 12), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SSECTION 1 That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Lee Roy Mitchell and J C Mitchell, 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 0 644 acres of land for the expansion of U S Highway 77 (Parcel 12) SECTION 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 5th day of 1999 JACK AMIXER, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY BY 0 APPR ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Lee Roy Mitchell and J C Mitchell (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 property, 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 January 1, 2000 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 $11,052 00 2 Payment 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 I Preliminary Title Report Within twenty (20) days after the date hereof, Seller, at Purchaser'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 set 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 3.9 unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes, 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 2 AEF008FE 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 REPRESENTATIONS AND 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 best 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 The closing Company on or company, time, mutually agree "closing date") AEE008FE CLOSING shall be held at the office of Dentex Title before September 30, 1999, or at such title date, and place as Seller and Purchaser may upon (which date is herein referred to as the 3 1 AEE008FE CLOSING REQUIREMENTS 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 in the form as attached hereto as Exhibit "B" conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, asses- sments, 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 hereof; and 3 Any exceptions approved by Purchaser in writing B 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 sub3ect only to those title exceptions listed in Closing Requirements 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 costs associated with same shall be borne by Purchaser, 2 The exception as to restrictive covenants shall be endorsed "None of Record", 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 Closing 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 COMMISSION 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 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 5 AEE008FE MISCELLANEOUS 1 Assignment of Agreement This Agreement may not 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 Apply This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas 5 Parties Bound 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 Legal 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 invalidity, 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 Superseded 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 8 Time of Essence Agreement AEE008FE Time is of the essence in this 0 9 Gender 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 Seller, Purchaser shall have the right to terminate this Agreement upon written notice to Seller DATED this day of 1999 SELLER BY eL - - Le oy Mitchell 7 AEE008FE PURCHASER THE TY OF DENTON, TEXAS BY �{/ is el J z Cit Ma ger 215 E McKinney Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON This P st nt is acknowledged before me, on this day of , 1999 by Michael W Jess, City Manager, of the City of Denton, 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 purposes and consideration therein expressed, and in the capacity therein stated ANN FORSYTHE Notary Public State of Texas 77��77A\S�'//11 My Commission Expires MAY 9, 2002 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before of , 1999 by Lee Roy Mitchell �= CAROL WALDMAN m Notary Public State of TE e. pof,E�,• My Commission Expires 06 STATE OF TEXAS COUNTY OF DENTON This Nstrnt is acknowledged before of (�V 1999 by J C Mitchell c0f +� s,% CAROL WALDMAN 10 y= Notary Public State of Texas �AtF OftF'��, My Commission Expires M07-00 AEE008FE Nota Public in a for the State of Texas me, on this day ry Public in State of Texas me, on this 9 6 day Notary Public in and for the State of Texas EXHIBIT 'A' County Denton Page 1 of 1 Highway U S. 77 Project Limits From 1.H, 35 Rev June 30, 1994 To U.S.380 CSJ 0195-02• Account FIELD NOTES FOR PARCEL 1Z BEING A PARCEL OF LAND SITUATED IN A CALLED 23 212-ACRE TRACT CONVEYED TO BRIAN P CATALANO, TRUSTEE, RECORDED IN VOLUME 2219, PAGE 545, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE J S COLLARD SURVEY, ABSTRACT NO 297, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a found 5/8-inch iron rod in the west line of said Catalano tract, same being an angle point in the east One of a called 39 361-acre tract of land conveyed to Electronic Data Systems Corporation Retirement Plan and Trust (EDS), recorded in Volume 1681, Page 867, DRDCT, THENCE N 130 50' 35' E, along a line common to said Catalano tract and said EDS tract, a distance of 688 13 feet to a set 5/8-inch von rod with an aluminum cap for the POINT OF BEGINNING, also being a transition point in the existing south right of way fine of U S 77, same being the northeast comer of said EDS tract, (1) THENCE N 139 50' 35' E, with the existing south right of way fine of U S 77, and the west fine of said Catalano tract, a distance of 32 77 feet to a found 1/2-inch iron rod for the northwest corner of said Catalano tract, (2) THENCE S 580 10' 22' E, along the north line of said Catalano tract and the existing south right of way line of U S 77, a distance of 900 36 feet to a found 5/8-inch von rod, being the northeast corner of said Catalano tract, and the northwest corner of a 14 198-acre tract conveyed to Coti Joint Venture (Cori J V ), recorded in Volume 1688, Page 9, DRDCT, 13) THENCE S 000 39' 12' W. along a line common to said Catalano tract and said Cou J V tract, a distance of 36 05 feet to a set PK nail with shiner in the new south right of way line of U S 77, 14) THENCE N 580 11' 36' W, with the new south right of way line of U S 77, a distance of 908 90 feet to the POINT OF BEGINNING, and containing 0 644 acre, or 28,050 square feet of land, more or less John F Wilder, R P L S Texas No 4285 Date LL2INJ"