HomeMy WebLinkAbout1998-354F \SHARED\AEFALODOur DocumentsTContraet WElurch Mullens Real Estate doc
ORDINANCE NO qy—AE/
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND MARY ANN BURCH AND MITCH EDWIN MULLENS, RELATING TO
THE PURCHASE OF A 0 157 ACRE OF LAND FOR THE EXPANSION OF U S HIGHWAY
77 (PARCEL 18), 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 Mary Ann Burch and Mitch Edwin Mullens, 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 a 0 157 acre of land for the expansion of U S Highway 77 (Parcel
18)
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 l p
PASSED AND APPROVED this the � day of 1998
JA ILLER, MAYOR
ATTEST
JENNNIIF,ER WALTERS, CITY SECRETARY
BY U%M)II 1, IA�
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BYil
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Mary Ann Burch
and Mitch Edwin Mullens (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 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 $3834.00
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
AEE008FE PAGE
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 Surve . 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.
AEE008@E PAGE
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 November 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
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.
AEE008FE PAGE _
3. Closing Costs. Seller shall pay all taxes assessed by
any tax collection authority through the date of 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 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.
AEE008FE PAGE _
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 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 _
DATED this ' day
SELLER
To 4
i 'ch Ed .n Mullens
STATE OF TEXAS
COUNTY OF DENTON
PURCHASER
THE CITY OF DENTON,
This n ument is acknowledged before me, on
City anacj4t V
215 P MctAnney
Denton, Texas 76201
this -Adayof
1998 by Michael W. Jez, Cityy 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.
ANNFORSYTHE
NotaryPubOo,Steteot Taws N tary Public in nd for
MyCommNeion'XPlroe the State of Tex
MAY 6� 7002
STATE OF TEXAS
COUNTY OF DENTON
ek
Th i strument is acknowledged before me, on this day of
1998 by Mary Ann Burch.
gel
No ry Public in and for
the State of Texas
AEE008FE PAGE _
STATE OF TEXAS
COUNTY OF DENTON
Th3 trument is acknowledged before me, on�this day of
1998 by Mitch Edwin Mullogs.
Pa Ndtaffy Pfiblic in and for
ROGER N. VAL MN80N the State of Texas
MY��
7-Z7-iavz_
AEE008FE PAGE _
EXHIBIT 'A"
County Denton
Highway U.S. 77
Project Limits From I.H. 35
To U.S.380
CSJ. 0195-02
Account
FIELD NOTES FOR PARCEL 1Q
Page 1 of 1
Rev. October 27, 1994
BEING A PARCEL OF LAND SITUATED IN A CALLED 0 520-ACRE TRACT CONVEYED TO REZA SABRI,
RECORDED IN VOLUME 1700, PAGE 648, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING
SITUATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO. 810, CITY OF DENTON, DENTON COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 5/8-inch Iron rod for the northwest comer of said Sabri tract, same being
the northeast comer of a tract of land conveyed to Kenneth L Davidson and wife, Helen L Davidson, recorded
in Volume 584, Page 326, DRDCT;
THENCE S 350 38' 17' W, along a line common to said Sabri tract and said Davidson tract, a distance of 155 62
feet to a set 5/8-Inch Iron rod with an aluminum cap, being the POINT OF BEGINNING and also being a point on
the new north right of way line of U.S 77;
11) THENCE S 580 11' 38" E, along the new north right of way line of U.S 77, a distance of 111 19
feet to a set 5/8-inch iron rod with an aluminum cap, same being a point on the east line of said
Sabri tract and the west line of a 0.336-acre tract of land conveyed to Dennis Michael Baker and
wife, Becky Ann De La Houssaye Baker, recorded In Volume 890, Page 526, DRDCT,
(2) THENCE S 330 15' 50' W, along a line common to said Sabri tract and said Baker tract, passing
at 30 51 feet a found 1/2-inch von rod, in all a distance of 60.52 feet to a point, being the
southeast comer of sold Sabri tract, the southwest corner of said Baker tract, and said point being
on the existing north right of way line of U S 77,
(3) THENCE N 580 37' 59" W, along a line common to said Sabri tract and the existing north right
of way line of U.S 77, a distance of 113.76 feet to a point, being the southwest comer of said
Sabri tract, and the southeast comer of said Davidson tract;
14) THENCE N 350 38' 17" E, along a line common to said Sabri tract and said Davidson tract,
passing at 34.00 feet a found i/2-Inch Iron rod, in all a distance of 61 51 feet to the POINT OF
BEGINNING, and containing 0.157 acre, or 6,852 square feet of land, more or less, of which
3,586 square feet are in a prescriptive right of way of U.S 77
John F Wilder, A P.L S
Texas No 4285
Date
D-24" nry
Teuu Depamnent of Tnnepom ion
lbtm D-1544
Age 1 of 3 Rev 9191
EXHIBIT "B"
THE STATE OF TEXAS
COUNTY OF j
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 stun of
Dollars ($ ) to Grantors
In hand paid by the State of Texas, acting by and through the Texas Transportation Commission, receipt of
which is hereby acimowledged, 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 incorporated herein for any and all purposes.
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining
title to the following improvements 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 maybe granted
by the State in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of
time prescribed, then, without any fiinher consideration, the title to all or any part of such improvements
not so removed shall pass to and vest in the State of Texas forever
Grantors reserve all of the oil, gas and sulphur hr 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 title and rights of the State to take and use all
other mmetals and materials thereon, therein and thereunder.
Texas Department of Transportation
Form D-13.14
Page 2 of 3 Rev 9191
TO �VE AND TO HOLD the premises herein described and herein conveyed together with all and
aingthe rights and sppurtenances thereto In any wise belonging unto the State of Texas and its assigns
forever; and Grantors di -hereby bind ourselves, our heirs, executors, administrators, successors and as-
signs to Warrant and Forever Defend all and singular the surd pp es herein conveyed unto the State of
Texas its assigns against every person whomsoever lawfullyy clairmng or to claim the same or any part
thereof,by through or under Grantors but not otherwise.
IN WMNESS WHEREOF, this instrument is executed on this the day of
,19
THE STATE OF TEXAS,
COUN17Y OF
ACKNOWLEDGMENT
_I
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 die foregoing instrument and acimowiedged to me that belshe/they executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
Notary Public, State of Taxes
MyCommdsdonexpLesmthe day of ,19_
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNT] 011
, 19_
BEFORE MB, the enderalgned, a Notary Public, on this day penotteily appeared
Of , known to
me to be the person end offitxrwhose tame is subscribed to the foregoing instrument and acknowledged to me that the some
was the act! of the said , a corporation. that he/she was
duly authmized to perform the same by appropriate resolution of the bond of directors of such corporation and that he/she
executed tits mamas the get of such cmpmadm for the proposes and consideration therein expressed, and in the cepadty
therein staujl.
GIVEN, UNDER MY HAND AND SEAL OF OPRCE, this day of ,19
Notary Paw State of Taums
My Commission expires on the _ day of ,19_
Texas Depemnent of Transportation
Form D-1l-14
Page 3 of 3 Rev. 9191
After recording please return this Instrument to:
I
a � �
w
�o 0
a
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o
CERTIFICATE OF RECORDING
THE STATE OF TEXAS9
COUNTY OF