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HomeMy WebLinkAbout1998-163P FlkI C Mim Mtll 'EP'�'cw.Kh ORDINANCE NO q 6 — 1 (03 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MOUNT PILGRIM CHRISTIAN METHODIST EPISCOPAL CHURCH, RELATING TO THE PURCHASE OF 0 358 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PEC-4 TRIBUTARY OF PECAN CREEK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Mount Pilgrim Christian Methodist Episcopal Church, 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 0 358 acres of land for constructing drainage improvements in the PEC-4 Tributary of Pecan Creek SECTION II That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the h p day of 11998 fj��LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY �— D AS O LEGAL FORM APPR HERBERT L PROUTY, CITY ATTORNEY P Yhert MUOLWVOaeamdW�ConVBeM9B1Man1 plig"@ndo Meaw g9BlssopW Oul Wac UP 1 t I , A I_ REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Mount Pilgrim Christian Methodist Episcopal Church (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 consisting of 0 358 act e tract of land, more or less, as described in Exhibit "A" and illustrated in Exhibit "B" attached hereto, being Lot 2, Block 1, Alex Robertson Addition, together with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seiler 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 2 Seller hereby agrees to grant a permanent drainage easement and tempos at y construction easement as described and illustrated in Attachment "1" 3 Seller hereby agrees to provide Purchaser a signed resolution by Mount Pilgrim Christian Methodist Episcopal Church (Seller) granting authority to the agent and/or agents to convey and grant the 0 358 acre tract (Exhibits "A" and "B"), the permanent drainage easement and the temporary construction easement (Attachment "I") 4 However, it is expressly understood that the seller shall have the right to salvage and remove any part of the existing classroom structure that is presently situated upon said 0 358 acre tract within a time period of thirty (30) days from the date of conveyance (Closing) After thirty (30) days from the date of conveyance (Closing) the remaining structure and appurtenances, if any, will be removed and disposed of at the discretion of the Purchaser 5 Purchaser hereby agrees to construct parking sub -grade with dimensions of 135 feet long by 60 feet wide (8,100 square feet) on Seller's adjacent tracts to the east of said 0 358 acre tract In addition to the sub -grade, the Seller shall install a course of 4-inch asphalt upon the parking sub -grade area The existing drive approach shall remain as access to parking area to be constructed 6 The Purchaser hereby agrees to construct a chain -link fence along the i npioved channel 7 The Seller hereby acknowledges that the Purchaser has previously mfoimed Seller that Purchaser has negotiated for the purchase of the tracts with no intent to use its powers of eminent domain to obtain the parcels PURCHASE PRICE Amount of Purchase Price The purchase price for the Property (0 358 acre tract) shall be the sum of Twenty Five Thousand Dollars and No Cents ($25,000 00) This amount consists of $10,000 for the land and $15,000 for the improvements (class room structure, etc ) Additional Consideration One Dollar and No Cents ($1 00) and 8,100 square feet of parking area in exchange for permanent drainage easement and temporary construction easement as described in Attachment "1" 2 Pd=ent 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 Preliminary Title Raport Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue an owner's 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 Purchaser understands that Seller is under no obligation to cui e any title defects complained of by Purchaser stated in Purchaser's written notice to Seller as provided in this paragraph 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 purposes, otherwise, this condition shall Page 2 of 7 be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes 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 nghts-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encioachments 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 satisfactions 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 theieupon be null and void foi all purposes Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey Seller's Complip ance• Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions requued by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to purchaser, to the best of its current knowledge, as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers 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 Page 3 of 7 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 CLOSING The closing shall be held at the office of Dentex Title Company, 300 N Elm, Suite 101, Denton, Texas on or before (which date is herem referred to as the `closing date") CLOSING REQUIREMENTS Seller's Reguirements At the closing Seller shall A Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions, except for the following General real estate taxes for the year of closing and subsequent years not yet due and payable, and 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"), in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject 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 Page 4 of 7 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 Seller, 2 The exception as to restrictive covenants shall be endorsed "None of Record", The exception as to liens encumbering the Property shall be endorsed "None of Record" other than those set forth in "Purchaser's Obh cations" 4 The exception for taxes shall be limited to the year of closing and shall be endorsed "not yet due and payable" 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 ClosingCosts Seller shall pay all taxes assessed by any tax jurisdiction through the date of the 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 Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, to the extent Seller has agreed to pay any such real estate commission in writing, and Seller agrees to indemnify and hold Purchaser harmless from any and all claims for any such commissions BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fall to consummate the sale of the Property except Purchaser's default, Purchaser as its sole and exclusive remedy may either enforce specific pei formance of this Agreement or terminate this Agreement by written notice delivei ed to Seller Page 5 of 7 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 as its sole and exclusive remedy may enforce specific performance of this Agreement, or terriunate this Agreement by written notice delivered to Purchaser MISCELLANEOUS PROVISIONS 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, wauanties, 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 hereundei 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 Aplv. This Agreement shall be construed Linder 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 legal representatives, successors and assigns where permitted by this Agreement 6 legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, of unenforceabihty shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable piovision had never been contained herein 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 Time of Essence. Time is of the essence in this Agreement Page 6 of 7 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 Coingliance, In accordance with the requirements of the 1 exas 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 Puichaser's own selection 11 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 'A lzd _ day of jmleee , 1998 PURCHASER THE CITY OF DENTON, TEXAS BY Ted Benavides ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPRO D AS O LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY a u 1"S City Manager 215 E McKinney Denton, Texas 76201 SELLER MOUNT PILGRIM CHRISTIAN METHODIST EPISCOPAL CHURCH TITLE Page 7 of 7 "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the A Hill Survey, Abstract Number 623 and being more particularly described as follows BEING all of Lot 2, Block 1, Alex Robertson Addition, an addition to the City of Denton, according to the Plat recorded in Volume O1, Page 19 of the Plat Records of Denton County, Texas, said lot is described to Mount Pilgrim Christian Methodist Episcopal Church according to the deed recorded in Volume 867, Page 562 of the Deed Records of Denton County, Texas, said lot is more particularly described by metes and bounds as follows BEGINNING at a 5/8 inch iron rod set at the southeast corner of said lot, THENCE North 670 05' 45" West along the south line of said lot a distance of 125 33 feet to a 5/8 inch iron rod set, THENCE North 230 57' 43" East along the west line of said lot a distance of 173 00 feet to a 5/8 inch iron rod set, THENCE North 89' 44' 32" East along the north line of said lot, passing a 14 inch inner diameter pipe found, up 1 5 feet, at 1 10 feet and continuing in all a total distance of 45 95 feet to a 5/8 inch iron rod set, from whence a 1;t inch inner diameter pipe found up 1 5 feet bears North 89° 44' 32" East a distance of 276 79 feet, THENCE South 00° 12' 34" West Along the east line of said lot a distance of 207 08 feet to the PLACE OF BEGINNING and containing 0 358 acre of land SCALE 1 = 40 A SKETCH SHOWING =UPON LOT 2 BLOCK 1 ALEX ROBERTSON NOTE ADDITION TO THE CITY OF DENTON BEARINGS ARE BAHE CITY OF NVOL ING PAGE TO E9 LAT P R R DCORDEDENTONS CONTROC TX NOTE ALL CORNER MONUMENTS ARE 518 IRON RODS SET UNLESS OTHERWISE NOTED /1 1/2 1 D PIPE FOUND UP 1 d3 a h� o0 Z / THE MORRISON MILLING CO Vol 437, Pg 578 4595 N89 44 32 E LINE F0OR DIRECTIONAL TAL CONTROL_ _, N89 44 32 E I 276 79 J' 1 10 1 1/2 1 D PIPE FOUND UP 1 5 BLOCK 1 1 `a , M O r LOT 2 o O N w LOT 1 0 358 ACRES 'ALEX ROBERTSON ADDITION / VOL 01, PAGE 19 N6� 05 95 1Z533 W sO R,0`*S�D+���4 / I I I / I I • -x� x Ix / PLACE OF BEGINNING ®DTEAGUE NALL AND PERKINS 915 Florence Street F o r t W o r I h T e x a s 7 6 1 0 2 ( 8 1 7 ) 336-5773 JOB NO DEN97125 0 /DEN97125/CAD/PEC 4/EXHIBITS/ESMT-ROW1 DWG MEM = ATTACHMENT "1" THE SPATS or TEXAS, 0 5 WON ALL MEN BY THESE PRESENTS COUNTY OP DENTON 5 TEAT Mount Pilgrim Christian Methodist Episcopal Church of Denton County, Texas, in consideration of the son of one dollar (91 00) and no cents and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these.prssemts grant, bargain, sell and convoy unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and acme* the following described property, owned by it situated in Denton County, Texas in the A Bill Survey, Abstract Number 629 ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the A Bill Survey, Abstract Number 623 and being a part of Lot 1, Block 1, Alas Robertson Addition, Be addition to the City of Denton, according to the Plat recorded in Volume 01, Page 19 of the Plat Records of Denton County, Texas, and boing part of a tract described by deed to Mount Pilgrim Christian Methodist Spiscopal Church recorded in Voles 119, Page $52 Of the Deed Records of Denton County, Texas, said lot is more particularly described by metes and bounds as follows BEGINNING at a 5/0 inch icon sod set for the northwest corner of said Lot 1 and the northeast corner of Lot 2 in said Block 1, and from which a 1-1/2" I D pipe found and extends up 1 5 fast, bears South 690 44' 12" root a distance of 44 95 fast; TBENCE North 990 44' 12" Bast along the north line of said Lot 1 and continuing along the north line of said Mount Pilgrim tract a distance of 151 55 fast to the northeast corner of said Mount Pilgrim tract and the northwest corner of the Prank Robinson tracts TBRNCS South 00' 12' 14" lest along the east line of said Pilgrim tract a distance of 40 00 feet to a point for corner, TBRNCN North 65' 04' 11" lest a distance of 70 07 fast to a point for across; TBBNCR south 56" 04' 25" Next a distance of 99 15 fast to a point for across, said point lying on the west line of said Lot 1 and the east line of said Lot 2; TEENCR North 00" 12' 34" Bast along said limes a distance of 96 00 fast to the PLACE OF HBGINKING and containing 0 172 sore of land xn addition to the above described pemweat oasemant a temporary construction easement is hereby granted along the month side of said permanent exasment tract, as shown on 1=3392 "A" attached herewith, and shall became =11 and void upon completion of the construction associated with the pending MC-4 Drainage Project And it is farther agreed that the City of Denton, Tares in aonsiduration of the benefits above not out, will remove from the property above described, such toucan, buildings and other obstructions as may new be found upon said property For the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining drainage in, along, upon and across said premises, with the right and privilege at all time of the grantee herein, his or its agents, employees, workman and representatives having ingress, egress, and regress in, along, upon and across said promise* for the purpose of making additions to, Improvements on and repairs to said drainage facilities or any part thereof TO NAVN AND TO HOLD unto the said City of Denton, Texas as aforesaid fez the purposes aforesaid the promises above described Witness my hand, this the day of _ , 1999 NOUNT PILO9.Ze1 CBRI9TIAN NETHODIBT SPIHCOPAL CHURCH my: Title: THE HTATE Oy TEPRE 9 COUNTS or DAMON 9 This instrument vas acknowledged before me on 1999 by MOUNT Piro CIMSTIM dHiT Notary Public, in and for a state o Texas my Commission Expires Accepted this day of 1999 for the City of Denton, seas solution Ne 91-073) ST: a on Right -of -Way Agent V - 4a EXHIBIT 'A' OF ATTACHMENT "L" AtlJE BEARINGS ARE BASEO IIPOV THE TEXAS STATE PLANE 0ODIDINAIr SVSMK PLACE OF BEGINNING THE MORRISON MILLING CO 1 1/2'1 D PIPE FWD . LAW AV6MEC11GVAL Laawmm Vol 4J7, PB 578 UP 1 8' /4 86' NB9.44'J2'E 276 79' 1-1/2*10 ISi aw — — PIP FNO , 1< UP 1 S' 017J ACRES i n 708r NBS p4 J1'W F TEMP CONSr ESMr ,$ I I s x ~p3} ALEXANDER HILL SURVEY ti 3 W iQ ABSTRACT NO. 623 I FRANK ROBINSON 3 (NO DEED AVAILABLE) MO U T PILGRIM CHIRIS71AN S ETHODIST CHURCH I L• 119• PG. 552 40414, I I I I • I ` I \ +0.1?,, �TSAGU6 NALL AND PNRfClN3 ........... ......... Prepared gy �SIi o 6p! B18 Floroneo Slroof •`•y.•... H�� ��•:L"::7::1 F• r 1 W e r f A, T o. o• 76 1 0 2 f'i�7P 7�qg}o�4'1r{pQ I ( 8 1 7) J J 6- B 7 7 J Date. T—uAV ., ti...... 0'/DEN97125/CA0/PEC 4/EKHIBITS/ESMT ROW2 DWO