HomeMy WebLinkAbout1998-236PWamCdaq LO rU =tmaWNmevaM98`AN emandWON W183E
ORDINANCE NO 91—
CONSIDER AN ORDINANCE AMENDING ORDINANCE NO 98-182 RELATING TO THE
PURCHASE OF RIGHT-OF-WAY AND CONSTRUCTION OF PUBLIC IMPROVEMENTS IN
LAKEVIEW RANCH TO SUBSTITUTE REVISED EXHIBITS "A" THROUGH "E" IN LIEU
OF EXHIBITS "A" THROUGH "C" AND ADDING AN EXHIBIT "F" TO PROVIDE FOR
REIMBURSEMENT OF THE COSTS OF CONDEMNATION FOR 183 ACRES OF LAND
LOCATED IN THE M FORREST SURVEY, ABSTRACT NO 417 AUTHORIZED BY
ORDINANCE NO 98-082, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Agreement attached to Ordinance No 98-182, in which the City of
Denton and Dieter Schwarz, through its Attorney -in -Fact, NR & RJ Properties, L P and
Terra/Bain, Inc are parties, relating to the purchase of right-of-way and construction of public
improvements in Lakeview Ranch, is hereby amended by substituting revised Exhibits A through
C and adding an Exhibit F to provide for reimbursement of the costs of condemnation for 183
acres of land located in the M Forrest Survey, Abstract No 417, authorized by Ordinance No
98-082
SECTION II That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the day of 1998
JAC ' I ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APP ED AS O LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
M It
R."Wo
CM WLwo I�We LWUT DocummMConvwu vawvww�hAx
AGREEMENT
AGREEMENT dated OU,%, `f' , 1998 between the City of Denton ("City") and
Dieter Schwarz by and through NR RJ Properties, L P , his attorney in fact ("Owner")
WITNESSETH.
WHEREAS, Dieter Schwarz ("Owner") is the owner of certain land in Denton County,
Texas, which is being developed ("Project") into residential lots and related amenities (to be
known as LAKEVIEW RANCH), and
WHEREAS, Terra/Bam, Inc, a Texas corporation ("Manager"), has been engaged by
Owner to develop and market the Project, and
WHEREAS, the Project will benefit the City, and the City and Owner reached certain
agreements regarding assistance the City will provide in connection with development of the
Project,
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows
1 The City and Owner shall enter a written participation agreement for the
oversizing of the Project's water and sewer mains larger than 10 inches in diameter The
agreement shall follow the form typically used by the City
2 The City and Owner shall enter a written pro rata agreement for the collection of
charges paid by persons connecting to or making use of such facility to serve their
property in accordance with the provisions of the agreement The agreement shall follow
the form typically used by the City
3 The City will make monthly payments for its share of the oversize facilities
Manager shall submit monthly pay requests on forms provided by the City Manager's
Engineer shall verify that the pay request is correct The request, along with the
Engineers verification, will be submitted to the Engineering & Transportation
Department The City will retain 10% of the total dollar amount until the Project is
accepted
4 The Owner or his authorized Agent shall dedicate a sixty (60) foot wide ("Spine
Road") right-of-way through the entire Project The Spine Road alignment shall extend
across the "adjacent" property north from the Project and connect to U S 380 as
described by metes and bounds on Exhibit "A" — Page I and illustrated on Exhibit "A" —
Page 2 The Owner shall negotiate an eighty (80) foot wide right-of-way across the
adjacent property and cause to be dedicated (on the dedication document form provided
by City) said right-of-way free and clear of any and all liens, debts, taxes, or other
encumbrances effecting title of the tract being dedicated In the event Owner is unable to
negotiate the purchase of said nght-of-way, the City will pursue condemnation of the
right-of-way identified in Ordinance No 98-082 per the obligations of the Owner and
City identified in Exhibit F which is attached hereto and made a part hereof for all
purposes The proposed Spine Road alignment from the "adjacent" property north from
the Project through Phase I of the Project and including the alignment from south end of
Phase I to Mill Street, shown on the plat attached as Exhibit "B" hereto Exhibit "C"
attached is the description of the proposed 20' right-of-way to be purchased by city out of
Phase I and Exhibit "D" attached is the description of the proposed 80' right-of-way from
the south end of Phase I to Mill Street The exact Spine Road alignment through
subsequent phases of the Project shall be determined at the time the preliminary plat or
plats describing such additional phases are approved by the City, provided, however, that
the City shall be entitled to an additional twenty (20') feet wide strip of land along and
adjacent to the eastern boundary of such Spine Road as a reserved right-of-way
5 The survey for the nghts-of-way shall be prepared by a duly licensed Texas Land
Surveyor and at the direction and cost of the Owner, his Agents or Managers Specific
Field Note Descriptions shall be prepared by said surveyor and reviewed by all parties
prior to closing
6 The City and Owner shall enter a Real Estate contract, (attached as Exhibit "E")
within ten (10) days from the date the approved plat of the first phase is filed for record
with the Denton County Clerks Office The contract will be for the City to purchase Lot
67, Block 9, per preliminary plat referenced in paragraph 7 below and the right-of-way
reserve within the Project The purchase price for said Lot 67 shall be $30,000 00 The
purchase price for the right-of-way reserve shall be $10 per lineal foot This price shall
be for the phases being final platted now, as well as for all future phases until the entire
Project is complete This amount shall be fixed and deemed as adequate consideration in
the event of Spine Road realignment Initially the City will purchase 6,626 lineal foot of
right-of-way reserve It shall begin at the north line of the Project and run south of
Cooper Creek at Trinity Road The City shall deliver one fully executed copy of the
contract to the title company of the City's choice Upon the final platting of future
phases, the Owner or its assigns shall sell said twenty (20') feet right-of-way reserve to
the City of Denton for each phase prior to final acceptance of public improvement for
that phase
7 The City agrees to construct a lift station on Lot 67, Block 9 The lift station will
have sufficient capacity to serve all of the Lakeview Ranch Development (Rancho del
Lago) as it was laid out in the preliminary plat approved April 23, 1997
8 The Owner hereby agrees to fully remove and dispose of the existing bridge and
drainage structure that lies within that section of Tnmty Road within the boundaries of
said Lot 67, Block 9 The timing of this removal and disposal shall coincide with the
future development phase south of and adjacent to Lot 67, Block 9 and the related
abandonment and closure of Trinity Road
9 The Owner and Manager hereby agree that the City of Denton Electric Utilities
shall be the sole provider of electric service within the boundaries of the Project
Page 2
10 This agreement may not be assigned without the express written consent of
Owner and City
I I 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
12 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
13 This agreement shall be filed in the Deed of Records of Denton County and shall
constitute a covenant running with the land
EXECUTED this i ' day ofC_, 1998
00 CITY OF DENTON, TEXAS
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PROVE AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
A J'
TED BENAVIDES, CITY MANAGER
OWNER DIETER SCHWARZ
By NR & RJ Properties, L P , his
attorney-m-fact
By NR & RJ Properties G P , Inc
its sole general partner
FAS
Page 3
MANAGER
x
0
.
STATE OF TEXAS
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of
19by Ted Benavides, City Manager of the City of Denton, a municip4coration, on
behalf of said corporation
ANN FORSYTHE
(\\\•\\\ � Notary Public, State of Texas
My Oommloon P.xplm Not Public, State of Vxas
MAY B, 2002
STATE OF TEXAS
COUNTY OF DENTON
This ittstrument was acknowledged before me on the 5�— day of c '�
19 9&j , by (mow I t � , of Terra/Bam, Inc , a Texas Co oration
,."Y "gay CHRISTINE A DICK
� ° Notary Publlc 1�/
--
�.+•'� Comm Expires 9 2.2001 Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the day of J u �t
19_q6 , by Nicholas Raimondo, President of NR & RJ Properties, G P , Inc
CHRISTINE A DICK
Notary Public
we of Texas
' OF,t Comm Expires 3-2.2001
cL24�Aba--
Notary Public, State of Texas
Page 4
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EXHIBIT "A" — PAGE 1
fa 06
80' ROW PROPERTY DESCRIPTION
Being a tract or parcel of land situated in the M Forest Survey, Abstracted number 417, Denton
Country, Texas Said tractor parcel being a potion of that certain "Tract 3", a 59 996 acre tract as
described from Ron J Hoyl to First Gibraltar Bank by deed recorded in Volume 2936, Page 631,
Deed Records, Denton County, Texas, and also being a portion of Lot 6, Block A of the
subdivision of said M Forest Survey as recorded in Volume 50, Page 236 of said Deed Records,
said tract or parcel bemg more particularly described by mates and bounds as follows
COMMENCING at a ''A" iron rod found for the Northwest corner of said First Gibraltar Bank
tract and also being the Northwest comer of that certain tract deeded to Ralph T Bullard in
Volume 1521, Page 948 of said Dead Records, same also being on the south nght-of-way line of
U S highway 380,
THENCE North 81029'04" East, 183 18' to a concrete TxDOT ROW found on said South right-
of-way line and the North line of said First Gibraltar Bank tract for a point of Intersection,
THENCE North 87007'46" Esst, 100 55' to a %a" iron rod set with cap on said South nght-of-way
line and the North line of said First Gibraltar Bank tract for corner,
THENCE North 81033'32" East, 31 61'to a Us' iron rod set with cap on said South right-of-way
line in the North line of said First Gibraltar Bank tract for the POINT OF BEGINNING,
THENCE North 81033'32" East, 80 00' to a Va" iron rod set with cap on said South right-of-way
line and the North line of said First Gibraltar Bank tract for comer,
THENCE South 08°43'20" East, 795 67' to a'h" iron rod set with cap for a point of curvature,
THENCE along the arc of a curve to the right, having a radius of 1240 00', a central angle of
09008'27", a tangent of 99 13', and a are length of 197 83' to a Vs' iron rod set with cap for a
point of tangency,
THENCE South 00025'09" West, 10 78' to a''/a" iron rod set with cap for comer, said iron rod
also being on the South line of said First Gibraltar Bank tract and the North line of that certain
Tract 1, recorded in County Clerks Record No 94-045817, of said Deed Records,
THENCE North 87039'53" West, 80 04' to a %a" iron rod set for corner on the South line of said
First Gibraltar Bank tract and the North line of said Tract 1,
THENCE North 00-25'09" East, 8 10' to a Fa" iron rod set with cap for a point of curvature,
THENCE along the are of a curve to the left, having a radius of 1 t60 00', a central angle of
09908'27", a tangent of 92 73', and a are length of 185 07'to a Vi" iron rod set with cap for a
point of tangency,
THENCE North 08943'20" West, 796 06' to the POINT OF BEGINNING and CONTAINING
79,740 square feet, or 183 acres of land area, more or less, within these metes and bounds
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TERRA COMPANIIIS
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EXHIBIT 'A' — PAGE 2 1A
80' R. 0. W. DEDICATION a9, Abell
FOR 0
LAKEV I EW BOULEVARD c a P oAc
SITUATED IH THE
M. FORREST SURVEY. ABST. NO. 417 � LICHLTTJAMEON
CITY OF DENTON
DENTON COUNTY, TEXAS
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February 13. Iaea
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BLAGG ROAD
MILLS RO
EXHIBIT 'B'
Limits of Phase 1 Final Plat
(20 ROW Reserve by Separate Document)
80' ROW Dedication
(60 • 20 ROW Reserve Purchase)
Lot 67 Block 9 Phase I
Future Spine Road
within the limits
of the Protect
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f1AY 11 '98 05 52PM RUST LICHLITER/JAMESCII P 31e
EXHIBIT "C" - PAGE 1
PROPOSED 20' ROW DEDICATION OF LAKEVIEW DRIVE
AS SHOWN ON LAKEVIEW RANCH PHASE I FINAL PLAT
Being a tract or parcel of land situated in the Moreau Forrest Survey, Abstract Number 417
Denton County, Texas, Said tract or parcel being a portion of that certain 30 199 acre "Tract 1" a
portion of that certain 53 975 acre "Tract 3" a portion of that certain 131 353 acre "Tract 7", and
a portion of that Lertain 242 422 acre tract , all described to Dieter Schwarz, Inc in County
Clerk's Document Number 94-045817, Deed Records, Denton County, Texas and also being a
portion of that certain 28 68 acre tract also described to Dieter Schwarz, Inc in County Clerk's
Document Number 93-0064306 of said Deed Records, and being more particularly described by
metes and bounds as follows
COMMENCING at the northwest comer of said "Tract 7", same being on the south line of that
certain tract described to R B M Land Cc Ltd by document recorded in Volume 1783, Page
790 of said Deed Records, and also being the northeast corner of that certain tract described to
John Powell Walker by document recorded in County Clerk's Number 93-0034125 of said Deed
Records,
THENCE South 87'39'53' East, 599 99 feet on the north line of said ""Tract 7", same being the
south line of said R B M Land Co Ltd tract to the POINT OF BEGINNING,
THENCE South 87039'53" East, 20 01 feet, continuing on said common line to a point for
corner,
THENCE South 00'25'08" West, 180 28 £eat to the beginning of a curve to the left,
THENCE 500 31 feet along said curve to the left, having a radius of 910 00 feet, a central angle
of 31030103", and a chord bearing and distance of South 15' 19'54" East, 494 04 feet to a point of
tangency,
THENCE South 31'04'56"East, 208 70 feet to the beginning of a curve to the right,
THENCE 296 89 feet along said curve to the right, having a radius of 540 00 feet, a central angle
of 3193903", and a chord bearing and distance of South 15' 19'54 East, 293 16 feet to a point of
tangency,
THENCE South 00025'08' West, 1335 83 feet to the beginning of a curve to the left,
THENCE 248 84 feet along said curve to the left, having a radius of 860 00 feet, a central angle
of 16134'41", and a chord bearing and distance of South 07052' 13" Past, 247 97 feet to a point of
tangency,
THENCE South 16009'34" East, 112 73 feet to the beginning of a curve to the right,
THENCE 253 85 feet along said curve to the right, having a radius of 790 00 feet, a central angle
07/02/98 12 05 FAX 817251e645 'TERRA COMPANIES Q 04
MAY 11 '96 05'53PM RUST LICHLITER/JAME50N P 4/6
EXHIBIT "C" - PAGE 2
of 18`2438", and a chord bearing and distance of South 06157,15 Bast, 252 76 feet to a point of
tangency,
THENCE South 02° 15"04" West, 1777 93 feet to a the beginning of a curve to the left,
THENCE 348 99 along said curve to the left, having a radius of 460 00 teet, a central angle of
43 028'08" and a chord bearing and distance of South 19 02900" East, 340 68 feet to a point of
tangency,
TRICE South 41' 1304" East, 519 05 feet to the beginning of a curve to the right,
THENCE 317 47 feet along said curve to the right, having a radius of 540 00 feet, a central angle
of 33"4105", and a chord bearing and distance of South 24"2232" East, 312 92 feet to a point
for corner,
THENCE South 82 ° 35'45" West, 20 00 feet to a point for corner,
THENCE 305 67 feet along the a curve to the left, having a radius of 520.00, a central angle of
33040'47", and a chord bearing and distance of North 24022'41" West, 30129 feet to a point of
tangency,
THENCE North 41' 1304" West, 519 05 feet to the beginning of a curve to the right,
THENCE 364 17 feet along said curve to the right, having a radius of 480 00 feet, a central angle
of 43 028'08" and a chord bearing and distance of North 19"2900" West, 355 49 feet to a point of
tangency,
THENCE North 02015'04" East, 1777 93 feet to the beginning of a curve to the left,
THENCE 247 42 feet along said curve to the left, having a radius of 770 00 feet, a central angle
of 18 `2438", and a chord bearing and distance of North 06057'15" West, 246 36 feet to a point
of tangency,
THENCE North 1600934" West, 112.73 feet to the beginning of a curve to the right,
THENCE 254 62 feet along said curve to the right, having a radius of 880 00 feet. a central angle
of 16034141", and a chord bearing and distance of North 07652'13" West, 253 74 feet to a point
of tangency,
THENCE North 0092508" But, 1335 83 feet to the beginning of a curve to the left, having a
radius of 520 00 feet, a central angle of 3103003", and a chord bearing and distance of North
1501954" West, 282 31 feet to a point of tangency,
THENCE North 3100456" West, 208 70 feet to the beginning of a curve to the right, having a
radius of 930 00 feet, a central angle of 31-3003", and a chord bearing and distance of North
07/07/98 14 02 FAX 8172518845 1RRRA COMPANIES
nm
EXHIBIT "C" - PAGE 3
15-19254" West, 504 89 feat to a point of tangency,
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Uconse No 4560, Stake of Texas
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07/02/98 12 05 FAX 8172510645 TERRA COMPANIES a 05
iUH 16 '98 1c 43PM RUST LICHLITER/JAMESON P 22
EXHIBIT "D"
PROPOSED 80' ROW DEDICATION
LAKEVIEW BOULEVARD
Bung a tract or parcel of land situated in the Fotrrest Moreau Survey, Abstract Number 417,
Denton County, Texas, same being a portion of that certain tract described to Dieter Schwarz by
deed recorded in County Clerks No 94-045817, heed Records, Denton County, Texas Said tract
or parcel also being an 80 foot right -of way of which 40 feet is located on each aide of the
following centerline being herein described by metes and bounds as follows
COMMENCING at the northwest corner of the Darrell D. Haskins tract, as recoiled in County
Clerks No 97.0001578, Deed Records, Denton County, Texas, a 1 /2" iron rod found,
THENCE South 02'21'31" West, 79.51 feet to it point for corner,
THENCE South 82'27'24" West, 52.07 feet to the POINT OF BEGINNING,
THENCE along a curve to the right, having a radius of 500 00 feet, a central angle of 09°07'53
and a chord bearing and distance of South 02059140" East, 79.60 feet to a point of tangency,
THENC$ South 01*35'17" West, 254 35 feet to a point of curvature;
THENCE along a curve to the right having a radius of 500 00 foot, a central angle of 28021'55"
and a chord bearing and distance of South 15'46' 15" West, 245 02 feet to a point of tangency,
THENCE South 29057'13" West, 326 54 feet to a point of curvature,
THENCE along a curve to the Ie8 having a radius of 500 00 feet, a central angle of 24054'02"
and a chord bearing and distance of South 17030112" Weal, 215,59 feet to the endpoint, said point
also being on or near the north right-of-way line of Mills road (a public road) Said tract or
parcel containing 90,032 aquae fact or 2 067 acres of land area, more or less, within these metes
and bounds
EXHIBIT E
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Dieter Schwarz, by and through his
attorney -in -fact, NR & RJ Properties L P (hereinafter referred to as "Seller") and CITY OF
DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter
referred to as "Purchaser" or "City"), 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, the tract of land containing approximately 4 33 acres of land situated in Denton County, Texas,
in the vicinity of Lakeview Ranch to be used for sewer lift station purposes, and twenty (20) feet
wide nghts-of-way (ROW) along and adjacent to the eastern boundary of the sixty (60) feet wide
ROW dedicated to the City in each phase of development of Lakeview Ranch for street ROW
purposes, being more particularly described in Exhibit B attached hereto and incorporated herein by
reference for all purposes together with all and singular the rights and appurtenances pertaining to
the property, including but not limited to any right, title and interest of Seller in and to adjacent
streets, alleys or rights -of -way, royalties and mineral rights (all of such real property, rights, water
rights or rights to water, and appurtenances being hereinafter referred to as the "Property"), together
with any limprovements, 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
PURCHASE PRICE
1 Amount of Purchase Price The purchase price for the Property shall be the sum of
Thirty Thousand Dollars ($30,000) for Lot 67, Block 9 as reflected on preliminary plat approved
April 23, 1997 and Ten Dollars ($10) per lineal foot for 20 feet wide street rights -of -way in
Lakeview Ranch herein purchased not within Lot 67, Block 9 and existing street nghts-of-way
being crossed
2 Payment of Purchase Price The amount of the Purchase Price shall be payable in
cash incrementally at closings as envisioned in agreement between Purchaser and Terra/Bain, Inc,
NR & RJ Properties, L P , and Dieter Schwarz adopted by City Ordinance on June 16, 1998
PRELIMINARY OBLIGATIONS OF THE PARTIES
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
SELLER'S SOLE COST AND EXPENSE, shall have caused the Title Company (hereinafter
defined) to issue a preliminary title report (the "Title Report") 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 Title Report that the condition of title as set forth in the title binder is or is not satisfactory, and
in the event Purchaser states the condition 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 and the Escrow Deposit, if any,
shall be forthwith returned by the Title Company to Purchaser, 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 Contemporaneously with Purchaser's delivery of an executed original of
this Agreement, Seller shall within twenty (20) days from the date hereof, at Seller's sole cost and
expense, deliver to Purchaser a current survey of the Property, prepared by a duly licensed Texas
land surveyor acceptable to Purchaser and Seller 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, if any, 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
Seller hereby represents and wan•ants 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, or trespassers
PAGE 2
ACH WLW0LNlaaalWepI"MUT O umenYl nlrw\iPWuhwara Real E MH
2 Except for the prior actions of Purchaser, there is no pending or threatened
condemnation, litigation or similar proceeding or assessment affecting 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 or other party NR & RJ, L P and Dieter Schwarz
have filed a declaratory judgment action against Land Advisors, Inc to have a $541,267 00 lien
claim declared invalid and unenforceable
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 Seller's knowledge, based upon reasonable inquiry and investigation,
there are no toxic or hazardous wastes or materials on or within the Property which require changes
or remediation under applicable environmental laws 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 Title Company,
, Denton, Texas, on or before 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 Requirements At the closing Seller shall
A Deliver to Purchaser a duly executed and acknowledged Special Warranty
Deed conveying good and indefeasible title in fee simple 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, and
2 Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations hereof, and
3 Any exceptions approved by Purchaser in
writing
4 Any liens which are not excluded from the
coverage provided to Purchaser by the Owner's title
policy
PAGE 3
\\CH WLWOLIWV Cpt"LWw OO UMWU\COnVWSMchwurs R 118 td EeG
B Deliver to Purchaser at Seller's sole cost and expense a TEXAS OWNER'S
TITLE POLICY at SELLER'S SOLE EXPENSE, issued by
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 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 Title
Policy, 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, and
2 The exception as to restrictive covenants shall
be endorsed "None of Record", and
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", or to
the extent any lien is described in the Policy and not
released, the Policy shall be endorsed to provide that
such lien shall not be an exception to the availability
to Purchaser of full coverage as provided by the
Policy
C Deliver to Purchaser possession of the Property on the day of closing
D Seller shall pay any rollback taxes attributable to the property and
indemnifies and holds Purchaser harmless against the payment of such rollback
taxes, if any
2 Purchaser's Requirements Purchaser shall pay the purchase price to Seller,
incrementally at closings referenced on page 1 in immediately available funds
3 Closing Costs Through the date of Closing, Seller shall pay all taxes assessed by
any tax jurisdiction through the date of Closing Any taxes imposed, assessed or arising because of
a change of use of the Property after closing shall be paid by Seller
All other costs and expenses of closing in consummating the sale and purchase of the
Property not specifically allocated herein shall be equally shared by Purchaser and Seller
PAGE 4
\\O" LOLWOLINIiuNWePtLL L`UutOxwnenuMnnwcu\98\$cM1wurz Raul WOW Aac
REAL ESTATE COMMISSION
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
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
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
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 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
PAGE
\Tll LCL\VOLIWa a WWUlLAve Wm01m4\(' DVXWI? \$hwaR Real to Am
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
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 fiunished 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 Seller within thirty (30) days after Seller executes this Agreement and delivers same to
Purchaser, Seller shall have the right to terminate this Agreement upon written notice to Purchaser
DATED this day of
SELLERS
Dieter Schwarz
By NR & RJ Properties L P
his attomey-m-fact
By NR & RJ Properties G P , Inc
its sole general partner
a
Nicholas Raimondo, President
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
fa31
..;
PURCHASER
THE CITY OF DENTON, TEXAS
LM
Ted Benavides, City Manager
215 E McKinney
Denton, Texas 76201
PAGE
MCH LCLWOLNhamlWepl AMalf Po McOMK Rn 9MGla arz Real EMW de[
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this day of
, 1998 by Nicholas Raimondo
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before
Notary Public in and for
State of Texas
me, on this day of
, 1998 by TED BENAVIDES, 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
Notary Public in and for
State of Texas
PAGE
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EHERE IS NO EXHIBIT "A" TO REAL
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AL ESTATE CONTRACT
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ROAD
Limits of Phase I Final Plat
_
(20 ROW Reserve by Separate Document)
80' ROW Dedication
(60 • 20 ROW Reserve Purchase)
Lot 67, Block 9 Phase I
MILLS ROAD
0
Future Spine Road
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within the limits
or
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EXHIBIT F
THE STATE OF TEXAS § OBLIGATION OF THE CITY OF
DENTON AND NR & RJ PROPERTIES,
L P , REGARDING CONDEMNATION
OF R-O-W AND PAYMENT OF THE
COUNTY OF DENTON § COST OF CONDEMNATION
WHEREAS, Dieter Schwarz by and through NR & RJ Properties, L P (NR & RJ), his
attorney in fact, desires the City of Denton to promote safe vehicle traffic movement and economic
development by providing NR & RJ and neighboring property owners access to U S 380 at
Lakeview Boulevard, and
WHEREAS, Article 3, Section 52-a of the Texas Constitution and Section 380 001, Tex
Loc Govt Code provide the promotion of economic development is a public purpose and Section
251001, TEX LOC GOV'T CODE, provides public safety and extending streets are a public
purpose, and
WHEREAS, NR & RJ will provide for and pay the cost of the R-O-W easement and the
cost of constructing two (2) lanes of Lakeview Boulevard from Lakeview Ranch to U S 380 if the
City will purchase such easement through negotiation or condemnation, and
WHEREAS, NR & RJ has been unable to obtain the easement necessary to provide for the
off -site street facilities required, and
WHEREAS, NR & RJ has requested, in accordance with the State law, that the City use its
power of eminent domain to obtain the off -site easement so that the required improvements to
Lakeview Boulevard may be completed, and
WHEREAS, the condemnation of the land for Lakeview Boulevard would be in the public
interest and for a public purpose, NOW, THEREFORE,
WITNESSETH.
In consideration of the mutual covenants and promises of each, agree as follows
I. Attorney's Services. The City Attorney, with approval of NR & RJ, shall retain
local counsel to provide the legal services to institute and pursue proceedings in eminent domain to
acquire an off -site easement as identified in Ordinance 98-082 The City Attorney shall assist local
counsel in preparing all petitions, motions, notices, and other legal documents necessary to initiate
and prosecute condemnation proceedings
II. Payment of Condemnation Costs by NR & RJ All filing fees and courts costs,
appraiser, expert witness, and local counsel fees, condemnation awards, recording fees and or other
cost or fees resulting from the condemnation shall be paid by NR & RJ, except as otherwise
provided for herein
III Payment of Acquisition Cost by NR & RJ NR & RJ agrees that it will pay the
award for the condemnation made either by the Special Commissioners, or on appeal, by judgment
of the court Should the condemnation case be non -suited or dismissed at NR & RJ's request, at
any time prior to the entering of a judgment in this matter, NR & RJ agrees to pay any costs
assessed by the court against City including, but not limited to, attorney and expert witness fees of
the condemnee
IV Appeal of Commissioner's Award If, by reason of the amount of the award
made, NR & RJ is obligated to pay in satisfaction of the award any amount in excess of market
value for the easement, then NR & RJ may request, in writing within ten days of said award, that
City appeal the award made Upon such request and the City's determination that the award was
excessive, the City may, in fulfillment of its sovereignty duties and obligations within its sole
discretion, authorize an appeal of the award If, after NR & RJ requests such appeal, City appeals
the award made, NR & RJ shall pay all cost of such appeal Upon final judgment of such appeal,
NR & RJ shall pay the judgment of the appellant court If City should appeal such award in the
absence of such request by NR & RJ, NR & RJ shall not be liable to City for the cost of such appeal
or the amount of any judgment resulting from the appeal in excess of the trial court's judgment
V. Hold Harmless. NR & RJ agrees that the acquisition of land provided for in this
agreement is for the sole purpose of allowing NR & RJ and neighboring property owners to
promote economic development and safe traffic movement by providing access to U S 380 from
Lakeview Boulevard NR & RJ agrees to hold the City harmless from, and shall indemnify City
for, any claim, loss or damage arising or resulting from any act of NR & RJ, its agents, employees,
contractors, or representatives, in pursuing the negotiation and condemnation of the easement and
constructing Lakeview Boulevard NR & RJ further agrees that it shall not make any claim against
City, or hold City liable, for any loss or damage suffered or incurred by NR & RJ as a result of any
interruption or delay in condemning or acquiring any property necessary for NR & RJ to complete
any required off -site roadway improvements resulting from any legal challenge to the right of City
to condemn the land specified in this agreement, or any other delay which results from any cause
not within the reasonable control of City
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PAGE