HomeMy WebLinkAbout1998-209P \shared\dept\WL\Wr Wcwents\0rdlnancee\98\Ctal9 doMson Real Estate dog
ORDINANCE NO 9J _ d09
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE
CONTRACT WITH CRAIG D JOHNSON AND WIFE, TERRI JOHNSON FOR THE
PURCHASE OF APPROXIMATELY 0 181 ACRE TRACT OF LAND KNOWN AS PARCEL
NO 17, US HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE US
HIGHWAY WIDENING PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to execute a Real Estate Contract
with Craig JD o�hnson and wife, Tem Johnson, for the purchase of approximately 0 181 acre of
land known as Parcel No 17, US Highway 77, Denton, Denton County, Texas for the US
Highway Widening Project, a copy of which is attached hereto and incorporated by reference
herein
SECTION II That the City Council hereby authorizes the expenditure of funds in the
manner and amount as specified in the agreement
SECTION III That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the —"J)A
ATTEST
JENNIFER WALTERS, CITY SECRETARY
IF
PROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
day of. Jtj-, ,1998
�i •
TBRCT B.
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 Rill Survey,
Abstract Huisber 623 and being a part of Lot 5, Block 4, of the Alex
Robertson Addition, an addition to the City of Denton, recorded in
Volume 1, P'age 19 of the Deed Records of Denton County, Texas and also
being part pf a tract of land described by deed to Saint Andrew Church
of God in Grist recorded in Volume 1230, Page 983 of the Deed Records
of Denton County, Texas and being more particularly described by mete*
and bounds as follows
BEOINNINO at the northeast corner of said Lot 5,
THENCE South 82' 15' 20' west a distance of 51 31 feet to a point for
corner,
THENCE Now" 79' 20' 62' west a distance of 39 18 fast to the north line
of said Lot S,
THENCE South 99' 67' 26' Rant along said north line a distance of 89 37
feet to the PLACE OF SROISNINO and containing 0 007 sere of land
The previously described Tract "A' and Tract "B' also carry
temporary construction easements as shown on ErHIBIT "A", attached
herewith, and said temporary eonst"Ctien easements shall become null
and void upon completion of the construction associated with the
pending PEC-1 Dtaivage Psojsct
And it is further sgreed that the City of Denton. Texas in
consideration of the benefits above set out, will remove from the
property above described, such fences, buildings and other obstructions
as may now be found upon amid 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 times of the
grates herein, his or its agents, employees, workmen and
representatives having ingress, egress, and regress in, along, upon and
across said premises for the purpose of making additions to,
improvemapts on end repairs to said drainage facilities or any part
thereof
To IMVR AND To SOLD unto the said City of Denton, Texas as
aforesaid for the purposes aforesaid the premises above described
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between
Craig D. Johnson and wife, Terri Johnson (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, 1999 shall become property
of the City of Denton, Texas.
PURCHASE PRICE
1. Amount of P it -hasp Prirp. The purchase
price for the Property shall be the sum of $3982.00.
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.
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 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 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 ob3ection 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 ad3acent 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 (110) 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.
3. Seller's Compliance. 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 as follows, which representations and warranties shall
AEE008FE PAGE 2
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.
CLOSING
The closing shall be held at the office of
Dentex Title Company on or before August 31, 1998, 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").
CLOSING REQUIREMENTS
1. Seller's _ReQu m n s. At the closing
Seller shall.
A. Deliver to State of Texas, acting by and
through the Texas Transportation Commission a duly
executed and acknowledged General Warranty Deed 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.
taxes for the
subsequent years
General
year of
not yet due
real estate
closing and
and payable,
AEE008FE PAGE 3
2. Any exceptions approved
by Purchaser pursuant to Purchaa�ls
0 7jqa Bona 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
subject only to those title exceptions listed in r7nsing
gsauirements 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 Seller;
2. The exception as to
restrictive covenants shall be endorsed
"None of Record";
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. Pur.haa- '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 rns s Seller shall pay all
taxes assessed by any tax collection authority through the date
of Closing.
AEE008FE PAGE 4
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 and
Seller.
* iVe440WK*1"1 ff 90R1
Any real estate commissions occasioned by the
consummation of this Agreement shall be the sole responsibility
of Seller, and Seller agrees to indemnify and hold harmless
Purchaser from any and all claims for these 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 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.
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, 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.
AEEOO8FE PAGE 5
Q. 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 Cons trurt-L on. 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. Prinr AQr mPPP upprseded. 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. Time is of the essence
in this Agreement
9. Gander. 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.
AEE008F$ PAGE 6
SELLER
aig nson
Terri 0,
}�
STATE OF TEXAS
COUNTY OF DENTON
DATED this day of
T, 1998.
PURCHASER
THE CITY OF DENTON, TEXAS
BY*
ec Benavides
City Manager
215 E. McKinney
Denton, Texas 76201
Thi in trument is acknowledged before me, on this day of
1998 by Ted Benavides, City Manager, of the
Cite of nton, 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.
E
JENNIFERK WALTERS Notary Public State of Texas My Commission Expires 12 19 98
STATE OF TEXAS
COUNTY OF DENTON
This in trument is
ILkL'( , 1998 by
PAUL H WIWM�i
O
NOSIRY PUSLIO SLOE OF IENAe
My Canmiaaion Ewplree len E21�
edged
otary Public in and for
the State of Texas
fore me, on this day of
1/
Notary Public in and for
the State of Texas
AEE008FE PAGE 7
County 12M;M
Highway UA 77
Project Limits: From I.H. 38
To U.S.380
CSJ: 0196,02
Account:
EXHIBIT 'A'
FIELD NOTES FOR PARCEL 12
Pape 1 of 1
Rev. October 27, 1884
BEING A PARCEL OF LAND ED IN ACT CONVEYED TO KENNETH L DAVIDSON AND WIFE,
HELEN L. DAVIDSON, RECORDED INTVOLUME 58�4, PAGE 328 DEED RECORDS OF DENTON COUNTY, TEXAS
DENDTON�AND BEINGCOUNTY, TSEXITUATED AS, AND BEING MORE PARTICULARLY DESCRIBEDTAS CITY OFDENTON,
FOLLOWS.
comer of
same
being the COMMENCING
comer at a 0.620-acresnch iron treat of end conveyed to RUB Sebri, recordedecin Voi Volume
Page 848, DRDCT;
THENCE S 350 38' 17' W, along a line common to said Davidson tract and said Sebri treat, a distance oft 56.82
feet to a get 5/8-inch Iron rod with an aluminum cap being the POINT OF BEGINNING and being a point on the
new north right of way line of U.S. 77; �w
na, passing at 27-51 feet a found im-Inch
(1) din all distanceiof By1V611 feat to a point forong sold common ithe southeast comer of said Davidson tract, iron
southwest comer of said Sabri tract, and being a point on the existing north right of way Tine of
U.S. 7; _
121 fight ofEwaV line oflU U.S. 77, adistance along
ling
e of 130.31 fast to a point beln0 the southwest comer of
said Davidson Sasso, and the dad In southeast o 2248, Page 00
e a6ORDCT;moo of land conveyed to Mane
Elizabeth Sass
dson tract and said Sasso tract,
l31 passing atV34.00 feet,8a 1/2along a nch Irannrod� n all a distance ofmmon to said i59.78 feet to 8 $at 6/8 inch iron
rod with an aluminum cap and said point being on the new north right of way One of U.S 77,
ht of way
e of U.S. 77, a distance
of 130.34
l41 TMo the POINT OF BEGINNING, and contaningg0.181 sere, ror7 8S8 square feat of land, mo e
or less, of which 4,407 square feet reside in a prescriptive right of way for U.S. 77.
John F. Wilder, R.P.L S.
Texas No. 4285
Date
u2M3AE