HomeMy WebLinkAbout1998-355a Uhu WVt� Lc or&J.dt s 01,&o
ORDINANCE NO 70 9b-5
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND DON R SWADLEY AND JANETTE M SWADLEY, RELATING TO THE
PURCHASE OF 0 178 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77
(PARCEL 28), 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 Don R and Janette M Swadley, 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 0 178 acres of land for the expansion of U S Highway 77 (Parcel 28)
SgCTION 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 4
PASSED AND APPROVED this the ao - day of , 1998
JA LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY � )abnts
APPROVED AS TO LEGAL FORM
HERBETiT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between DON R. SWADLEY
AND JANETTE M. SWADLEY (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 $9,969 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.
IONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representations and warranties shall be deemed
AEE008FE PAGE 2
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
1. General real estate taxes for the
year of closing and subsequent years not
yet due and payable;
2. Any exceptions approved by Purchaser
AEEOO8FE PAGE 3
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 sub]ect 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. 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.
AEE008FE PAGE 4
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
all obligations of the parties created hereunder are performable
in Denton County, Texas.
AEE008FE PAGE 5
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.
AEEOO8FB PAGE 6
DATED this � "'- day
SELLER
Don R. Swadley
Janette M Swadley
PURCHASER
THE CITY OF DENTON, TEXAS
0
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City
215
M
Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
T s i trument is acknowledged before me, on this A e day of
1998 by Michael W. Jez , 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 capacit herein stat
`'',� ANN FORSYTHE
Not ry P
Notary Public, State of Texas lic and for
My Commission Expires the State of T xas
MAY 9, 2002
STATE OF TEXAS
COUNTY OF DENTON
�T s strument is acknowledged before me, on this day of
1998 by Don R. Swadley and Janette M. Swadley.
RNER N. WRMSM
°C7! *-"AlpkSWdTom No y Public in and for
WWW 0=6" the State of Texas
AEE008FE PAGE 7
County Denton
Highway U.S. 77
Project Limits;
CSJ 0195-02.
Account
EXHIBIT "A"
From I.H.35
To U.S.3S0
FIELD NOTES FOR PARCEL g$
Page 1 of 2
Rev November 28, 1994
BEING A PARCEL OF LAND SITUATED IN A CALLED 0.707-ACRE TRACT OF LAND CONVEYED TO GRADY R
McEUIN JR AND WIFE, DOROTHEA GALE MCEUIN, RECORDED IN VOLUME 947, PAGE 731, DEED RECORDS
OF DENTON COUNTY, TEXAS (DRDCTI, BEING A PART OF DONNA DELL ESTATES, LOT 1, BLOCK "B',
RECORDED IN VOLUME 3, PAGE 2, MAP RECORDS OF DENTON COUNTY, TEXAS (MRDCT), 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 1/2-Inch iron rod for the northeast comer of Lot 3, Block C, of said Donna
Dell Estates, some being a point on the existing west right of way line of Donna Street,
THENCE S 010 05' 44" W, along the existing west right of way line of Donna Street, a distance of 813 04 feet
to a point,
THENCE S 010 53' 40' W, continuing along the existing west right of way of Donna Street, a distance of
122 18 feet to set 5/8-inch iron rod in the east line of said McEuin tract and the new north right of way line of
U S 77, and the POINT OF BEGINNING,
(1) THENCE S 010 53' 40" W, along the east line of said McEuin tract and the existing west right
of way line of Donna Street, a distance of 58 42 feet to a found 1-inch Iron pipe for the
southeast corner of said McEuln tract and being a point on the existing north right of way line of
U.S 77,
(2) THENCE N 580 19' 20' W, along a line common to said McEum tract and existing north right of
way line of said U.S 77, a distance of 264 01 feet to a found 1-inch iron pipe being the
southwest comer of said McEuin tract,
(3) THENCE N 000 40' 53" E, along a line common to said McEuln tract and said existing north right
of way line of U.S 77, a distance of 32.27 feet a found 5/8-inch Iron rod being the southeast
comer of a 1.518-acre tract of land conveyed to Richard C. Scroggins and wife, Sherry L
Scroggins, recorded in Volume 2964, Page 803, DRDCT, being a part of Donna Dell Estates,
Lot 4R replat, as recorded in Cabinet H, Page 339, MRDCT,
(4) THENCE N 000 49' 48" E, along the west line of said McEuin tract, a distance of 0 75 feet to a
not 5/8-inch iron rod with an aluminum cap, same being a point on the new north right of way
line of U.S. 77;
(5) THENCE S 580 11' 38' E, along the new north right of way line of U.S 77, a distance of 205 OB
feet to the beginning of a circular curve to the right having a radius of 2924 79 feet;
o-x461AEV
County Denton
Highway U.S. 77
Project Limits.
CSJ 0195_02_
Account
EXHIBIT 'A"
From I.H.35
To U.S.380
FIELD NOTES FOR PARCEL Z$
Page 2 of 2
Rev November 28, 1994
(6) THENCE southeasterly along the new north right of way line of U S 77, and along said curve to
the right, through a delta angle of 000 31' 31 ", an arc distance of 26 82 feet, and having a chord
which bears S 570 55' 50' E, a distance of 26 82 feet to a set 5/8-inch iron rod with an
aluminum cap,
(7) THENCE N 760 24' 31 " E, along the new north right of way line of U S 77, a distance of 29 99
feet the POINT OF BEGINNING, and containing 0 178 acre, or 7,755 square feet of land, more
or leas.
l.=-6—cse--
John F Wilder, R P.L S
Texas No 4285
Date
D-2451 REV
Texas Depattment of Transpormon EXHIBIT "B"
Porm D-1344
Page 1 of 3 Rev 9191
THE STATE OF TEXAS
COUNTY OF
That,
I J 3_11
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
Dollars ($ ) to Grantors
in hand paid by the State of Texas, acting by and through the Texas Transportation Commission, receipt of
which is hereby aclmowledged, and for which no hen is retained, either expressed or unplied, 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 unprovements located on the property described in said Exhibit "A," to wit
Grantors covenant and agree to remove the above -described unprovements from said land by the
day of , 19 , subject, however, to such extensions of tune as may be granted
by the State in writing, and if, for any reason, Grantors fail or refuse to remove same within said period of
tune prescribed, then, without any further 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 in and under the land herein conveyed but waive all rights
of mgress 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 minerals and materials thereon, therein and thereunder
Texas Department of Transportation
Penn D-I5-14
Page 2 of 3 Rev 9/91
TO HAVE AND TO HOLD the premises herein described and herein 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 drantors do hereby bind ourselves, our heirs, executors, administrators, successors and as-
signs to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of
Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any pan
thereof
IN WITNESS WHEREOF, this instrument is executed on this the
,19
day of
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ACKNOWLEDGMENT
THE STATE OF TEXAS, )
COUNTY 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 (W) subscribed to the foregoing instrument snd acknowledged to me that he/she/they executed the same for the
purposes and consideration theism expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Chia day of
Notary Public, State of Texas
My Commission expires on the day of
19_
,19_
************************************************************************************
THE STATE OF TEXAS,
COUNTY OF
CORPORATE
I
)
ACKNOWLEDGMENT
BEFORE MB, 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 resolution of the board of directors of such corporation and that be/she
executed the some as the act of such cotpmadon for the purposes and consideration therein expressed, and in the capacity
therein stated,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
Notary Public, State of Texas
My Commission expires on the — day of
,19
, 19_
Twma Department of Transportation
Form D-13-14
Page 3 of 3 Rev 9191
After recording please return this instrument to:
I
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as
CERTIFICATE OF RECORDING
THE STATE OF TEXAS,
COUNTY OF
�a
EXHIBIT "A"
County De01on Page 2 of 2
Highway U.S. 77
Project Limits. From I.H. 35 Rev November 28, 1994
To U.S.390
CSJ 0195.02_
Account
FIELD NOTES FOR PARCEL Z$
(6) THENCE southeasterly along the new north right of way line of U S 77, and along said curve to
the right, through a delta angle of 000 31' 31 ", an arc distance of 26 82 feet, and hawnq a chord
which bears S 570 55' 50" E, a distance of 26 82 feet to a set 5/8-Inch iron r, v th an
aluminum cap,
(7) THENCE N 760 24' 31" E, along the new north right of way line of U S 77, a distance of 29 99
feet the POINT OF BEGINNING, and containing 0 178 acre, or 7,755 square feet of land, more
or less
John F Wilder, R P L.S.
Texas No 4285
Date
0-24E1 REV