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HomeMy WebLinkAbout1998-207P\SHA MDHPTIALWw A 1d MT RM ftg.D E ORDINANCE NO 1 z-a 0 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND SAINT ANDREW CHURCH OF GOD IN CHRIST, RELATING TO THE PURCHASE OF 0187 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 Saint Andrew Church of God in Christ, 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 0 187 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 COP day of ai j�/ , 1998 JACI LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY 1.r APP VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ." N REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Saint Andrew Church of God in Christ (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 I 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 0 187 acre tract of land, more or less, as described in Exhibit "A" and illustrated in Exhibit "B" attached hereto, being Lot 6, Block 4, Alex Robertson Addition, together 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 terns, provisions, and conditions hereinafter set forth 2 Seller hereby agrees to grant permanent drainage easements and temporary construction easements as described and illustrated in Attachment "1" 3 Seller hereby agrees to provide Purchaser a signed resolution by Saint Andrew Church of God in Christ (Seller) granting authority to the agent and/or agents to convey and grant the 0 187 acre tract (Exhibits "A" and 'B"), the permanent drainage easements and the temporary construction easements (Attachment "1") 4 The Purchaser hereby agrees to construct a chain -link fence along the improved channel 5 The Seller hereby acknowledges that the Purchaser has previously informed 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 (0 187 acre tract) shall be the sum of Four -Thousand and Seventy Three Dollars and No Cents ($4,073 00) Additional Consideration The purchase price for the 0 007 acre drainage easement and adjacent temporary construction easement affecting Lot 5, Block 4 of the Alex Robertson Addition is One -Hundred and Fifty Four Dollars and No Cents ($154 00) and the purchase price for the 0 052 acre drainage easement and adjacent temporary construction easement affecting Lot 7, Block 4 of the Alex Robertson Addition is One -Thousand One -Hundred and Thirty Three Dollars and No Cents ($1,133 00) Each of the aforementioned easement tracts are described an shown in ATTACHMENT to Ito Payment of Purchase Price The full amount of the Purchase Price shall be payable in cash at the closing The total full amount for the Purchase tract (0 187 acre) and the two permanent easement tracts of 0 007 acre and 0 052 acre respectively and the associated temporary construction easements is Five -Thousand Three -Hundred and Sixty Dollars and No Cents ($5,360 00) 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 Report, 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, nghts-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 cure 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 be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes Page 2 of 7 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 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 thereupon be null and void for all purposes Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey Seller's Comgliance, Seller shall have performed, observed, 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 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 Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property or any part thereof Page 3 of 7 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 Ac1C+US*r l a+►, . me? (which date is herein referred to as the "closing date") CLOSING REQUIREMENTS Seller's Rea uirements 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 Any exceptions approved by Purchaser pursuant to Purchaser's Obligations hereof, and 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 Reguirements 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 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, Page 4 of 7 2 The exception as to restrictive covenants shall be endorsed "None of Record", The exception as to hens encumbering the Property shall be endorsed "None of Record" other than those set forth in "Purchaser's Oblueations" 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 Closure Costs 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 fail to consummate the sale of the Property except Purchaser's default, Purchaser as its sole and exclusive remedy 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 Page 5 of 7 having been satisfied and Purchaser being in default, Seller as its sole and exclusive remedy may enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to Purchaser MISCELLANEOUS PROVISIONS Assignment of Ag eement This Agreement may not be assigned by Purchaser without the express written consent of Seller Survival of Covenants, Any of the representations, warranties, 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 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 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 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, 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 Time of Essence, Time is of the essence in this Agreement 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 Page 6 of 7 10 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 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 6'f1fi* day of, 1998 PURCHASER THE CITY OF DE�NTON, TEXAS BY Ted Benavides City Manager 215 E McKinney ATTEST Denton, Texas 76201 JENNIFER WALTERS, CITY SECRETARY BY APPR ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY SJ INS SELLER SAINT ANDREW CHURCH OF GO) m IN CHRIST 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 all of Lot 6, Block 4 of the Alex Robertson Addition, an addition to the City of Denton, recorded in Volume 1, Page 19 of the Deed Records of Denton County, Texas and being a tract conveyed to Saint Andrew Church of God in Christ by deed recorded in Volume 1789, Page 864 of the Real Property Records of Denton County, Texas and being more particularly described as follows BEGINNING at the northwest corner of said Lot 6, same being a point on the east line of Maddox Street, THENCE South 890 47' 26" East along the north lane of said Lot 6 a distance of 143 18 feet to the northeast corner of said Lot 6, said point being the beginning of a non -tangent curve to the left whose radius is 2,133 68 feet and whose long chord bears South 100 47' 09" East a distance of 56 03 feet, THENCE along the arc of said curve an a southeasterly direction through a central angle of 010 30' 16" a distance of 56 03 feet to the southeast corner of said Lot 6, THENCE North 89' 47' 26" West along the south line of said Lot 6 a distance of 153 86 feet to the southwest corner of said Lot 6, THENCE, North 00' „ 12 34 East along the west lane of said Lot 6 and the east lane of Maddox Street a distance of 55 00 feet to the POINT OF BEGINNING and containing 0 187 acre of land N �$ Z- OO� � f O � —A Q 41 I I Z C4 cn 8 O 0 0 b^ IJ 9 A fn 5 � A r0 Q A � o I I M-TTI,� WE r —! O 00 4 a rn 0 m N A N0012'34E 660-- LINE FOR DIRECRONAL CONTROL I 14 Do I I � �g�� 0� 99 ££IZ,o 3-o 'All A0 qe,Vg N0� N�u o� W 0 eF�Fk1 ` t Prep red By 51E?NEN It RUUF�150N "c 409Q ��7 fS �9i Ork5S1GS'1� Date ®DTEAGUE NALL AND PERKINS e r x 1 1! r l x• r M 0 1 11 f f t! 915 Florence Street Fort Worth, Texas 76102 (a17)J36-577J JOB NO DEN97125 0 /DEN97125/CAD/PEC 4/E%HIBITS/ESMT ROW2I DWG zR8 "ATTACFIIdF1N'1' 1" THE STATE OF TV-'W, 5 KNOW ALL NEW BY THREE PRESENTS coUMM O1 DENTON 8 TEAT Saint Andrew Church of a" in Christ Of Denton County, Texas, in ooasideration of the sea of Ona-Thoeeud Two-8undred and eighty saveu Dollars and No Conte ($1,287 00) and other good and valuable oonsid"ration in hand paid by the City of Denton, Taxes receipt of which is hereby ackeowledged, do by these presents grant, bargain, sell and convey unto the City of Denton, Taxes, the from and uninterraptsd use, liberty and Privilege of the passage in, along, upon and across the follOwisg described property, owned by it situated in Denton County, Texas in the A 8111 Survey, Abstract Number 623 TMCT A. ALL that certain lot, treat or parcel of land lying and being situated in the City and County of Dentoe, Stab of TaxesBlock4• of the lAlex Abstract number 623 and being a Part of Lot 7,in Robertson Addition, an addition to the City of -County :corded d also Volues 1, Page 19 of the Dead Records of pentesint Andrew Church being Part of •tract of land described by dead t County' of God in Christ "corded of Denton County, Taxes and 0, page 983 of the Dead Records nbeing mpra3particularly described by ache and boundo as follows HEOINNIIIO at a 1/2 inch iron fond at the southeast corner of said Lot 7, vast d" along Zest e istanamm of 42 58 feetto a pointforomer,ine of said Lot 7 a THBNCE South 58" 10, 01" East leaving said west line a distance of 40 22 feet to a point for comer, THEE South 72" 10' 59" East a distance of 42 02 feet to a pOiot for cursor, TEENCB South 87" 11' 04" East a distance of 41 96 feet to a point for comer; THENCE North 90" 39' 42" E f a curve to the left hoe radiusstance of 25 35 foot to the east of said Lot 7 cad the beginning ochord hears South 09" 52' 56" Most A 2,133 69 foot and whose long distance of 11 26 feet, TWVjCE along said curvy and along said east line in a southeasterly dismotion through a central eagle of 00" 18 08" a distance Of 11 26 feet to the southeast ores of said Lot 7 said Lot 7 & THENCE North 69" 47' 26" Feet along esold ld south tieING and calcining O 052 s of distance of 143 is feet to the acre Of lase .R.y wgw 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 5, Block e, of the Ale: Robertson Addition, an addition to the City of Denton. recorded Texas inalso Volume 1, page 19 of the Dead Records of Denton County, Andras Chas being Part of a tract of land described by o of God in Christ Texas a d Volume being momora30, page 983 of the Dead ROCOrds particularly described of Denton County, by Ustfts and bounds as follows BBGIMIRG at the northeast corner of said Lot 5, TDRiCB South 82" 15' 20' Nest a distance of 51 31 fast to a Point for corner, TBQ7C6 Worth IV 20' 62' Bast a distance of 39 19 fast to the north line of said Lot S. TBSBCB South 99' 47' 26' Bast along said north line a distance of 99 37 feet to the PLACB OP WaXSBIWG and containing O 007 sure of land The previously described Tract 'A' and Tract 'B' also carry temporary cometructieo easements as shown on RBBIBIT 'A', attached herewith, and said temporary construction easements shall become null and void BPoa camPletion of the construation associated with the pending ptC-6 Drainage projeot And it 1s further agreed that the City of Denton, Texas in consideration of the benefits above not out, rill remove from the Property above described, such fences, buildings and other obstructions as may now be found Upon said Property por the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining drainage in, along, Upon and across said praises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, sad regress in, along, upon and across said premises for the parpose of making additions to, iaprovemats no and repairs to said drainage facilities or any part thereof TO IWAVB Awp TO BOLD unto the sand City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described 1999 COMMy O DAP£ON § 1998 This instrnMa t raa sokaowled9ed before We rf ANURRN CSURCR or eau IN by CSRIST Notary pab ia, n an or the State of Tares Ny COvaiseioa gsplrae 1999 for the Accepted tbie1�tioofN�� City of Denton, Tess By pan enaoa Rigbt-of-Nay Agent a� I 3 � I N OI I I I 7 �ID� I M X-Zmo -- o� - 1 Otb UK FOR ParcOONAI CONONR o m MADDOX ST. T 5500 y VODI 2 34*E __--_-__-_�_____ / 42 5B DO to Q ' N mti N OS lrl Z� r Y ; O — � �/U 9 N � O 1 O Z M ^N m z lP A b -1 TI vmi PF� P .olY v N 1 I me m° +�A J N L n 3!1 '�.p.i'� z i o C ;�� Ig MZ 70 r. O o \ N SBdgc'� N0�'N'��Ao Ur ", GUNAANDC��nNPERK�NS s......... •p11FI111 µO1dt. N1 915 rSl loran ca reol $�i / ror 1 Morlh I.•os 76101 Pre red Y" A090 =, rQ ` t e 1 2) 3 3 6- 5 2 7 3 Sy!'7 rt I I C 1 V/ ,qB NO DEN92125 Dote tr /DEN97125I��r �/rinKol�/ravt PrPP711�