The URL can be used to link to this page

Home My WebLink About1997-221C \DOCS\ORD\HICKORY ORD ORDINANCE NO `% / - 9101 / AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND HICKORY CREEK DEVELOPMENT PARTNERS, LTD , A TEXAS LIMITED PARTNERSHIP, AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO CONSUMMATE THE PURCHASE OF REAL PROPERTY IN ACCORDANCE WITH SAID CONTRACT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SgCTION I. That the City Manager is hereby authorized to execute a Real Estate Contract by and between the City of Denton as purchaser and Hickory Creek Development Partners, LTD , A Texas Limited Partnership as seller, a copy of which Contract is attached hereto and incorporated by reference herein S'CTION II. That the City Manager is hereby authorized to execute any and all documents necessary to consummate the purchase of real property in accordance with said Contract SECSECTIQN III, That the City Council hereby authorizes the expencTiture of funds as provided in the Contract SECTION IV. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the J= day of 1997 JACVMILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Hickory Creek Development Partners, LTD, a Texas limited partnership (hereinafter referred to as "Seller") and the CITY OF DENTON, TEXAS, a home rule municipality, of Denton County, Texas (hereinaf- ter 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 consisting of 2 909 acres of land, more or less, as described in Exhibit "A" attached hereto, together with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights -of -way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinaf- ter set forth PURCHASE PRICE 1 Amount of Purchase Price The purchase price for the Property shall be the sum of $200,000 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 trans- actions 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 owner's 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 Purchaser understands that Seller is under no obligation to cure any title defects complained of by Purchaser stated in Purchaser's written notice to Seller as provided in this paragraph 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 Survev 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. 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 4, Purchaser's Construction of Fence Purchaser shall construct approximately 760' of 6' minimum and 8' maximum high screening fence composed of wood or plastic material, or such other fence material as is reasonably approved by Seller, along the common boundary line between lot 4 and lots 1, 3, and 5 of the proposed Shore Haven Addition in the City of Hickory Creek Denton Count , Texas This fence shall extend south and west from the buildng line south of the right-of-way of the proposed wood Lake Road o the Corp of Engineers boundary line for Lake Lewisville as illustrated by Exhibit "B" attached hereto The fence shall be completed within 180 days from the date of closing The fence shall be maintained and kept in good condition and repair by Purchaser so long as Purchaser owns the Property This covenant shall survive closing AEE008FB PAGE 2 5 Relocation of Entry Gate to Purchaser's Property, The existing entry gate to the Property shall be relocated by Purchaser to a location to the south which is mutually agreeable to Seller and Purchaser The relocation of the gate is for the purpose of allowing access to the Purchaser to the Property without obstruct- ing existing and proposed roads and right-of-way The gate shall be relocated within 180 days from the date of closing This covenant shall survive closing REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser, to the best of its current knowledge, 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 asses- sment 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 authori- ty 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 Republic Title Company, 300 Crescent Court, Suite 100, Dallas, Texas 75201 (Attn D Lansing) on or before September 30, 1997 (which date is herein referred to as the "closing date") CLOSING REQUIREMENTS Seller's Reauirements At the closing Seller shall A Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any AEE008PS PAGE 3 and all liens, encumbrances, conditions, 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 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 Seller's sole expense, issued by Republic Title Company, Dallas, Texas (the "Title Company"), 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 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 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 equally shared by Purchaser and Seller AEEOO8F8 PAGE 4 REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, to the extent Seller has agreed to pay any such real estate commission in writing, and Seller agrees to indemnify and hold Purchaser harmless from any and all claims for any such 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 as its sole and exclusive remedy 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 as its sole and exclusive remedy may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to Purchaser MISCELLANEOUS PROVISIONS 1 Assignment of Aareement 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, addres- sed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party 4, Texas Law to Atnoly 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 legal representatives, successors and assigns where permitted by this Agreement AEE008F8 PAGE 5 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- valid4y, 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 1Q 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 11 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 DATED this day of 1997 PURCHASER THE CITY OF DENTON, TEXAS BY Ted Benavides City Manager 215 E McKinney Denton, Texas 76201 AEEOO8F8 PAGE 6 ATTEST JENNI7ER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM. HERBERT L PROUTY, CITY ATTORNEY BY 41W'Q=� SELLER Hickory Creek Development Partners, LTD, a Texas Limited Partnership BY HSM Development, Inc a Texas Corporation, its General Partner BY c j1 4 `"� Don R Plunk, President ATTEST n BY AEE008F8 PAGE 7 "EXHIBIT A" ALL ,that certain lot, tract or parcel of land lying and being situated in the City of Hiekory Creek and the County of Denton, State of Texas, in the S. Jones Survey, Abstract No.15" and being part of a 32.936 acre tract conveyed to Hie.4ry Creek Development Partners, Ltd by deed recorded as 96-R0068064 in the Real Property Records of Denton County, Texas and being more particularly described as follows: BEGINNING at the southeast corner of said 32.936 acre tract, same being the southeast corner of said Jones Survey; THENCE North 89° 38' 16" West a distance of 319.42 feet to a point for corner; THENCE North 450 54' 28" West a distance of 137.83 feet to a point for corner; THENCE North 440 30' 52" East a distance of 92.88 feet to a point for corner, THENCE North 890 0510011 East a distance of 125.68 feet to a point for rn r co; THENCE North 220 01' 44" East a distance of 538.10 feet to a point for corner; THENCE North 000 21' 44" East a distance of 10.32 feet to a point for corner; THENCE South 89° 38' 16" East a distance of 30.00 feet to a point for corner; THENCE South 000 2114411 West a distance of 675.12 feet to the POINT OF BEGINNING and containing 2.909 acres of land. olw� �u�1u ter, .ww�Itrl :.: w ii•.1""...w'S�eu.w S: "'.wifwe"'ii't'W IN•wn t Y'WMw W .W 1w W Mww. .WIN..IIw IN/•N l�..el t MI._�N f1e1 mWO g11191 . u .. tsw t 1•INlMM AC a tw lw of .Nay ., Iwl toot e, �rtlr / ��N111q1111 U W •N�NNlal,�.r pr.p NNw Wnr aN N• pa.11.e�. 1 . L5 litt t .Hi N 1.�. �1 1. 11'I/ MINA .R.omstmot11 dIeIl.Nllt1 IMI M MR 1�w,t W INIr NbIM1.• sell" ~ A�N.NI ��eIIwIM6 . M•��'/1.N1y�tNMgN�NMylNii a.w16Nwiil�pwl•1{� �NwMiMlMtr�N.r.WY.irlNl\w tot• iN If1.µpww a�NN�/•�111Milt ,'.N �f N 11n MI 1'rNMI� 1�\Nwl1 w NM IY1t)rNM N.I�M IIN H OR M� YII_ �_IIMSII IAt u} iP Ntl IW M 16e NNt L, Iwe ram N mote 9Wk-W W A/e'-Im PIN Bet N aNe ,Il.tn IW . ew rn. w .lwwleNrlNe w ww a VnW aww N w.rl.. is eHw■awr Ulm Ae a-M wooNtwee: Iwmt�liieit=Iw v .. e 1 IytiN .ele 1>• 'IIMNI'^ j�' MN IMr �In Nlel.ee nuNN e �...�.... .......w• ..r w W .W sllw NIeN H ""IN wm IN NII.NN ...w w et.wew t..It te.+. ItNN tNF. i ON'V'cl .r11. N1 NNNyeN,1wlNolnneem to 1•, N. tPNe1.INii ew• NKAI f, Ma ALLIO10/"m w0 ry ten_..-__ .. —',._ _ _ _N__.____�._ 111e I��'VeN N.11 MN1.M 1�,� ,M w, HN �Ip01tI� teelwf N NI e�NINO wt1l.e.t•e NW .IIIINIW .l. ,eNNNI•IN M I. •.w w• NI[.•N ,+.. ( ww" op eel► "a Ne `�.lt N IN• NNTIMT 0106OMM lINM4 INC �1 s`rtw. wmv IN IN N.AIe.N • Mt" M111 1. tote tot 1,. a..". w .Mt •. Wewll, AWN e1NN IeON w N.IO w to d t/.Ni N1• �� .N M Iw• ww4m gNt"InfleN Qillit r`•N�itIC NNIw.� `� 11,11 Ilt eM I lNl /�.e�t� NI. •IM I.M P MINI M.1 .1 IY 1VO M MM t+. et.� 1 Ij11• I.I.V .r •I.W.1 V W.tNw M M...Ii.1 .t,• 1'+ INIIt.IM O.i.N. N �l.M1wlee miM INWl., . N'mA . �yl. tlYw a wtM www,Mt I �1V 114 1. IM tt IIV i'to�'•MtM IMlI�1��Nw'l M \.�1 1..A• 1. •. 1M Y•N•tt IIININ twtool, I.l •I.11ll. W .wl•lTlw I.l..t• .MNM. Ntw I w w NI M N wtlN Nn —,..• 'W .IN. mim Stott., 1. FINAL PLAT SHORE HAVEN ADDITION BEING A SE 9384 ACNE TRACT OF LAND TBB LOTS/ M .,II/ S JONES SHAVER ABSTJ6ICT NO M# C?T OF HICRORT CREEE BENTON COBNTT TSEAS ONNEN A• APPLICANT PLANNING A, gwNEEl PUT, BHCRLET NICNONT DS►ELoPNE1TT PANTNENER, INC SCBDH 1 MANIGAN, I 0 too, EGO' S00' 400 .N, NwlNt NIAA/ NNC sm WStN mm SaIle MIIAt. low "at I�N INN NN.NN GRAPHIC SCALE IN ITET u•Ntt a ,Not AN /NYN/. lew . yA; �„ NN 71 PI KNJROO �.(A t t .BLOCK B 8 � �} 11 '" w E, J ♦ 1rw 1 BLOCK B to '�• 17 4 �}Q ,w •t POINT OF BEGINNING um "w.a.• �ewr0ex� 28 t i MOT � r ♦O � 'i e ! OAK OMVE P 7 ey. / F a �( r 16 wet Ai WON AVENUE vorwil It ms tit t1s� fN.1 N 171Ct 607T ■ 1f g . � u ° ,q y �, t, 111eb wt NOW 1 w \btlr ? YhR...l.�i.'liitw. 1� ; BL^•�1• ' 1r ' t fi , •."•, fit; � ;;1 � Yerr i •I` I Y B 1h -,a 1O0A11ON fwn NOW w net lzwr—T— fa.rfrw 110°t°WO O�#1p- � 1 � 1 z � ^1ui♦Oe�°r Nl NI ' • V 1 w Ir ti r° avg Y 1 Iw • wwn�v .w •Yeecr �1 rss�w a° R w we►ileee 1 goomNwe or wrimaiian