HomeMy WebLinkAbout1998-329a ZHARED=Pa L. No =1m ONInWW99Volmwn(WNW)Goo
ORDINANCE NO eye - 3v
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND DEBRA JOHNSON (MORGAN), TRUSTEE OF THE HAZEL K KING
LAND TRUST, RELATING TO THE PURCHASE OF 0 141 ACRES OF LAND FOR THE
EXPANSION OF U S HIGHWAY 77 (PARCEL 7), 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 Debra Johnson (Morgan), 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 0 041 acres of land for the expansion of U S Highway 77 (Parcel 7)
SECTION II That the City Manager is authorized to make the expenditures as set forth
in the attached Real Estate Contract
SSECTION III That this ordinance shall become effective immediately upon its passage
and approval #
PASSED AND APPROVED this the V- day of 4M06' r , 1998
JACKALLER, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY A'/' cam"
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made
(Morgan), Trustee of The Hazel K.
referred to as "Seller") and CITY
municipality, of Denton, Denton
referred to as "Purchaser"), upon
forth herein.
by and between Debra Johnson
King Land Trust (hereinafter
OF DENTON, TEXAS, a home rule
County, Texas, (hereinafter
the terms and conditions set
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 prop-
erty, 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 Purchase Price. The purchase price for the
Property shall be the sum of $6000.00.
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 objection thereto shall be deemed to have been
waived for all purposes.
2. Survey. Purchaser may, at Purchaser's sole cost and
expense, obtain a current survey of the Property, prepared by a
duly licensed Texas land surveyor acceptable to Purchaser. The
survey shall be staked on the ground, and shall show the location
of all improvements, highways, streets, roads, railroads, rivers,
creeks, or other water courses, fences, easements, and rights -of -
way on or adjacent to the Property, if any, and shall contain the
surveyor's certification that there are no encroachments on the
Property and shall set forth the number of total acres comprising
the Property, together with a metes and bounds description
thereof.
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey is
unacceptable, then Purchaser shall within the ten- (10) day
period, give Seller written notice of this fact Seller shall,
at Seller's option, promptly undertake to eliminate or modify the
unacceptable portions of the survey to the reasonable
satisfaction of Purchaser. In the event Seller is unable to do
so within ten (10) days after receipt of written notice,
Purchaser may terminate this Agreement, and the Agreement shall
thereupon be null and void for all purposes and the Escrow
Deposit shall be returned by the Title Company to Purchaser.
Purchaser's failure to give Seller this written notice shall be
deemed to be Purchaser's acceptance of the survey.
3 Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
AEE008FE PAGE 2
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representations and warranties shall be deemed
made by Seller to Purchaser also as of the closing date
1. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, trespassers or other
parties.
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or
assessment or suit, affecting title to the Property, or any part
thereof, nor to the best knowledge and belief of Seller is any
such proceeding or assessment contemplated by any governmental
authority.
3. Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
4 To the best of the seller's knowledge, there are no toxic
or hazardous wastes or materials on or within the Property. Such
toxic or hazardous wastes or materials include, but are not
limited to, hazardous materials or wastes as same are defined by
the Resource Conservation and Recovery Act (RCRA), as amended,
and the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA), as amended.
CLOSING
The closing shall be held at the office of Dentex Title
Company on or before October 30, 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 State of Texas, acting by and through the
Texas Transportation Commission a duly executed and
acknowledged Deed in the form as attached hereto as
Exhibit "B" conveying good and marketable title to all of
the Property, free and clear of any and all liens,
encumbrances, conditions, easements, assessments, and
restrictions, except for the following.
AEE008FE PAGE 3
1. General real estate taxes for the
year of closing and subsequent years not
yet due and payable,
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations here-
of; 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 Closing Requirements hereof,
such other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions contained
in the usual form of Texas Owner's Policy of Title
Insurance, provided, however
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Purchaser,
2. The exception as to restrictive cove-
nants 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 Purchaser's Requirements. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in immediately available funds
3. Closing Costs. Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing.
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.
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 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, war-
ranties, covenants, and agreements of the parties, as well as any
rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated
hereby shall survive the closing and shall not be merged therein
3. Notice. Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States
mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the signature of the party.
4 Texas Law to Apply. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
AEE008FE PAGE 5
all obligations of the parties created hereunder are performable
in Denton County, Texas.
5. Parties Bound. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement
6. Legal Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as
if the invalid, illegal, or unenforceable provision had never
been contained herein.
7. Prior Agreements Superseded. This Agreement constitutes
the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the
parties respecting the within subject matter
8 Time of Essence. 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 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 Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
AEE008FE PAGE 6
DATED this 64 day of_49U , 1998
SELLER
The Hazel K. King
Lan Trust
BY u'
Debra J hnson,
Trust
STATE OF TEXAS
COUNTY OF DENTON
�f PURCHASER
THE CITY OF DENTON, TEXAS
BYOf Of
�r
City Man er
215 McKinney
Denton, Texas 76201
This.instrument is acknowl dge b fore me, on this(_ day of
1998 by /ili��ia h� �� 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 th capacity therein
stated i A
ANN FORSYTHE Nota y Publ c i nd for
the State of Tee s
Notary Public, State of Texas
h My Commission expires
E' MAY 9, 2002
STATE OF TE
COUNTY OF DENTON
is nstrument is acknowledged before me, on this day of
1998 by Debra Johnson
i,
IT (
a
Not blic in and for.7.1�-io�2� the State of Texas
AEE008FE PAGE 7
EXHIBIT "A"
County Denton
Highway U.S. 77
Project Limits
CSJ 0195-02-
Account _
From I.H.35
TO U.S.380
FIELD NOTES FOR PARCEL Z
Page 1 of 1
Rev June 30, 1994
BEING A PARCEL OF LAND SITUATED IN A CALLED 10-ACRE PARCEL OF LAND CONVEYED TO CECIL A KING
RECORDED IN VOLUME 377, PAGE 70, DEED RECORDS DENTON COUNTY, TEXAS (DRDCT), AND BEING
SITUATED IN THE NATHAN WADE SURVEY, ABSTRACT NO 1407, CITY OF DENTON, DENTON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a fence corner of a called 78 865-acre parcel of land (Loop tract, Tract 1),
conveyed to Rancho Vista Development Company, recorded In Volume 2695, Page 465, DRDCT, and the
southeast corner of a called 17.46-acre parcel of land conveyed to Shaul C Baruch, Trustee, recorded in
Volume 1620, Page 129, DRDCT, and said point being on the south line of the Alexander White Survey, Abstract
No 1406 and the north line of the Nathan Wade Survey, Abstract No 1407,
THENCE N 000 27' 33' E, along the east property line of said Baruch tract and a west property line of said Loop
tract, Tract 1, a distance of 131 97 feet to a set 5/8-inch iron rod with an aluminum cap being a point on the new
south right of way line of U.S 77;
THENCE S 580 12' 62" E. along the new south right of way line of U S 77, a distance of 446 44 feet to a set
5/8-inch iron rod with an aluminum cap, being the POINT OF BEGINNING,
(1) THENCE N 000 65' 41" E, along the west line of said King tract and east line of said Loop tract,
Tract 1, a distance of 22 77 feet to a found 1/2-inch iron rod in the west line of said King tract,
same being a northeast corner of said Loop tract, Tract 1, and being in the existing south right
of way line of U.S 77,
(2) THENCE S 580 20' 12" E, along the existing south right of way line of U S 77, a distance of
309.00 feet to a found 1/2-inch iron rod in the east line of said King tract, same being the
northwest corner of a called 1 9177-acre parcel of land (Tract Two) conveyed to Hdlwood
Land/Denton Ltd and recorded in Volume 2470, Page 690, DRDCT,
(3) THENCE S 010 07' 11" W, along the east line of said King tract and west line of said Hillwood
tract, a distance of 23 53 feet to a set 5/8-Inch iron rod with an aluminum cap in the new south
right of way line of U S 77,
(4) THENCE N 580 11' 36" W, with the new south right of way line of U S 77, a distance of 92 91
feet to a set 5/8-inch Iron rod with an aluminum cap,
(5) THENCE N 580 12' 52" W, with the new south right of way line of U S 77, a distance of 216 41
feet to the POINT OF BEGINNING, and containing 0 141 acre, or 6,151 square feet of land, more
or less
John F Wilder, R P L S
Texas No 4285
0.4...n... o.n.. e......... Date
JO1-Pf i= WILDER
4289
/^�p
.Q�n•.�1
D-2394 REV
Texas Department of Transpoaatiba- EXHIBIT "B"
Fort D-0-14
Page i of 3 Rev 9/91
THE STATE OF TEXAS
COUNTY OF
That,
DEED
KNOW ALL MEN BY THESE PRESENTS -
of the County of , State of Texas, hereinafter referred to as Grantors, whether
one or more, for and in consideration of the sum of
�>� ($ ) to Grantors
in hand paid by the State of Texas, acting by and through the Texas Transportation Commission, receipt of
which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this
day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain
tract or parcel of land in County, Texas, more particularly described in Ex-
hibit "A," which is attached hereto and mcorporated herein for any and all purposes
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining
title to the following unprovements located on the property described in said Exhibit "A; to wit
Grantors covenant and agree to remove the above -described improvements from said land by the
day of ,19 , subject, however, to such extensions of tune as may be granted
by the State inwrituig, and if, for any reason, Grantors fail or refuse to remove same within said period of
time prescribed, then, without any further consideration, the title to all or any part of such improvements
not so removed shaU pass to and vest in the State of Texas forever
Grantors reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all rights
of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for
same, however, nothing in this reservation shall affect the tide and rights of the State to take and use all
other numerals and materials thereon, therein and thereunder
Texas Department of Traasp.,..atib._.
Form D-15-14
Page 2 of 3 Rev 9191
TO HAVE AND TO HOLD the premises herein described and herem conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns
forever, and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and as-
signs to Warrant and Forever Defend all and singular the said premises
yes herem conveyed unto the State of
Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part
thereof
IN WITNESS WHEREOF, this instrument is executed on this the
,19
THE STATE OF TEXAS,
COUNTY OF
ACKNOWLEDGMENT
,1
day of
BEFORE ME, the undersigned, a Notary Public. on this day personally appeared
, known to me (or proved
to me on the oath of a credible witness,) to be the person(s) whose
name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she/tbey executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, tins day of
THE STATE OF TEXAS,
COUNTY OF
Notary Public, State of Texas
My Comnisdan wpm on the day of ,19_
CORPORATE
f
1
ACKNOWLEDGMENT
,19_
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
Of , 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 , a corporation, that he/she was
duly authorized to perform the same by appropriate tesohition of the board of directors of such corporation and that be/she
executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity
therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 19_
Notary Public. State of Texas
My Comaussion expires on the — day of 19_
Texas Departmant of Tranalporfad ,
Form D,O-14
Page 3 of 3 Rev 9/91
After recording please return this instrument to:
z
I
I
z
Ij
CIA
CERTIFICATE OF RECORDING
THE STATE OF TEXAS, j
COUNTY OF