HomeMy WebLinkAbout1997-223c \docs\ord\tripp ord
ORDINANCE NO. 97
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE
CONTRACT WITH BOB. E. TRIPP, TRUSTEE, DAVID E. TRIPP, TRUSTEE AND
CELIA TRIPP REID, TRUSTEE, FOR THE PURCHASE OF APPROXIMATELY 1.302
ACRE TRACT OF LAND KNOWN AS PARCEL NO. 39, PART 1 & 2, U.S. HIGHWAY
77, DENTON, DENTON COUNTY, TEXAS FOR THE U S. HIGHWAY WIDENING
PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a Real Estate Contract with Bob E. Tripp, Trustee, David E.
Tripp, Trustee and Celia Tripp Reid, Trustee for the purchase of
approximately 1.302 acre of land known as Parcel No 39, Part 1 &
2, U.S. Highway 77, Denton, Denton County, Texas for the U S
Highway Widening Project, a copy of which is attached hereto and
incorporated by reference herein.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the day of 1997
JACKi,MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 0&
i 1% �•
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 Bob E Tripp,
Trustee, David E Tripp, Trustee and Celia Tripp Reid, Trustee
(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a
home rule municipality, of Denton, 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 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 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 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 $30,230 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
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
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 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 rp
AEE008FE PAGE 2
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
Compre#ensive 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 August 29, 1997, 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
Seller's Reauirements At the closing Seller shall
A Deliver to State of Texas, acting by and through the
Texas Transportation Commission 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 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
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 excep-
tions listed in Closing Reauirements 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 Y'
ABEOO8PS PAGE 3
I 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 Seller,
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
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 r
AEE008FS PAGE 4
MISCELLANEOUS
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 Applv 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
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
101 Memorandum of Contract Upon request of either party,
both parties shall promptly execute a memorandum of this Agreement
suitabke for filing of record 71
AEEOOBFE PAGE 5
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
DATED this J—= day of 1997
SELLER PURCHASER
THE CI pOF DENTON, TEXAS
BY
Bob E T pp, stee Ted Benavides
a /��Q 7 City Manager
1l -I 215 E McKinney
avid Tripp, rnnustee Denton, Texas 76201
_qJ
Celia Tripp Adid, Trustee
STATE OF TEXAS
COUNTY OF DENTON
Th ument was acknowledged before me on this �G day
of instr1997 by Bob E Tri ustee
r�� rug
JOAN R POOLE Notary 3 for the C
Notary Pubk,State olTeau State of Texas
MY Cum Egon 11/13/9T
STATE OF TEXAS
COUNTY OF DENTON
s instrument was acknowledged before me on this _�141 day
of 1997 by David E Tripp, Trustee
Notary c in and for the
State exas
SHELBYJEANHALL
c o NOTARY PUBLIC
STATE OF
AEE008FE PAGE 6 s' .�*� My Comm Exp 8E6-2000
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this L!± day
of y'�.x 1997 by Celia Tripp Reid, Trustee
OOC)o0C100000000000000000C00
ROGER N WILKINSON
` Notary Po611c, State of Tezas Notar Public in and for the
pQX "Oa My commisslon Expire; 04 30 1998 State of Texas
00000000000000000000000000
STATE OF TEXAS
COUNTY OF DENTON
T i"s—teirf-,
ent is acknowledged before me, on this b day
of 1997 by Ted Benavides, City Manager, of
the City enton, 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 ated
MN FORSYTHE
........................:
�r
Notary Public in d for the
State of Texas
AEE008FE PAGE 7
EXHIBIT "A"
County Denton Page 1 of 2
Highway U.S. 77
Project Limits From I.H. 35 Rev December 2, 1994
To U.S. 380
CSJ 0195.02-040
Account
FIELD NOTES FOR PARCEL 39 PART 1
BEING A PARCEL OF LAND SITUATED IN A CALLED 128 691-ACRE TRACT OF LAND CONVEYED TO BOB E
TRIPP AND DAVID E. TRIPP, TRUSTEES, RECORDED IN VOLUME 996, PAGE 376, DEED RECORDS OF DENTON
COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE B 8 B. & C R R SURVEY, ABSTRACT NO 186, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found highway monument being the most easterly northeast corner of said Tripp
tract and said point being on the existing west right of way line of FM 2164,
THENCE S 000 63' 06" E, along the east line of said Tripp tract and the existing west right of way line of FM
2164, a distance of 101 54 feet to an angle point,
THENCE S 000 19' 08" E, continuing along said common line, a distance of 33,30 feet to an angle point,
THENCE S 010 01' 52" W, continuing along said common line, a distance of 706 02 feet to a 5/8-inch von rod
with an aluminum cap set for a corner clip in the new north right of way of FM 2164,
THENCE S 460 13' 28" W, crossing said Tripp tract and along the new north right of way line of FM 2164, a
distance of 25 00 feet to a set 5/8-inch iron rod with an aluminum cap, said point being on the south line of said
Tripp tract and the north line of a called 5-acre tract of land conveyed to W C Orr, recorded in Volume 197, Page
75, DRDCT, and being in the new north right of way line of FM 2164,
THENCE N 880 46' 32" W, along the south line of said Tripp tract and the north line of said Orr tract and the new
north right of way line of FM 2164, a distance of 369 04 feet to a set 5/8-inch von rod with an aluminum cap
being the POINT OF BEGINNING and said point being on the new north right of way line of U S 77,
(1) THENCE N 880 46' 32" W, along a line common to said Tripp tract and said Orr tract, a distance
of 153 22 feet to a point on the existing north right of way line of U S 77,
(2) THENCE N 520 00' 33" W, along a line common to said Tripp tract and the existing north right
of way line of U.S 77, a distance of 47.61 feet to the beginning of a circular curve to the left
having a radius of 1057 37 feet,
(3) THENCE northwesterly along said curve to the left, common to said Tripp tract and the existing
north right of way line of U.S. 77, through a delta angle of 080 35' 11 ", an arc distance of
158 46 feet, and having a chord which bears N 540 01' 32" W, a distance of 158 31 feet to a
point of tangency,
(4) THENCE N 580 19' 08" W, continuing with said common line, a distance of 845 85 feet to a
found concrete monument,
(5) THENCE N 580 38' 39" W, continuing with said common line, a distance of 112 87 feet to a
point being the intersection of the existing north right of way line of U S. 77 and the existing east
line of Windsor Drive (a 60 foot right of way), and being in a non -tangent circular curve to the left
having a radius of 570 83 feet, A
D 24"0 "!V
EXHIBIT "A"
County Denton
Highway U.S. 77
Project Limits From I.H. 35
To U.S.380
CSJ 0195.02- 4400
Account
FIELD NOTES FOR PARCEL 39 PART 1
Page 2 of 2
Rev December 2, 1994
(6) THENCE northeasterly, along a curve to the left common to said Tripp and the east right of way
line of Windsor Drive, through a delta angle of 030 39' 370, an arc distance of 36 47, and having
a chord which bears N 350 07' 45" E, a distance of 36 46 feet to a set 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,
(7) THENCE S 170 01' 30" E, along the new north right of way line of U S 77, a distance of 20 12
feet to a set 5/8-inch von rod with an aluminum cap, being in a non -tangent circular curve to the
left having a radius of 3759 72 feet,
(8) THENCE southeasterly, along the new north right of way line of U S 77 with said curve to the
left, through a delta angle of Ot ° 28' 32', an arc distance of 96 83 feet, and having a chord
which bears S 640 57' 38" E, a distance of 96 83 feet to a set 5/8-inch iron rod with an
aluminum cap, being a point of reverse curvature to the right having a radius of 3879 72 feet,
19) THENCE southeasterly, along the new north right of way line of U S 77 with said curve to the
right, through a delta angle of 070 56' 19", an arc distance of 537 56 feet, and having a chord
which bears S 61 ° 43' 45" E, a distance of 537 13 feet to a set 5/8-inch iron rod with an
aluminum cap,
(10) THENCE S 580 08' 49" E, along the new north right of way line of U S. 77, a distance of 105 52
feet to a set 5/8-inch iron rod with an aluminum cap, being the beginning of a circular curve to
the right having a radius of 906 09 feet;
0 1) THENCE southeasterly, along the new north right of way line of U S 77 with said curve to the
right, through a delta angle of 100 29' 46", an arc distance of 165 98 feet, and having a chord
which bears S 520 29' 53" E, a distance of 165 75 feet to a set 5/8-inch von rod with an
aluminum cap, being a point of reverse curvature to the left having a radius of 334 46 feet,
(12) THENCE southeasterly, along the new north right of way line of U S 77 with said curve to the
left, through a delta angle of 300 33' 55', an arc distance of 178 42 feet, and having a chord
which bears S 620 13' 39" E, a distance of 176 31 feet to the POINT OF BEGINNING, and
containing 1 298 acres, or 56,548 square feet of land, more or less
John F Wilder,1R.P.L.S.
Texas No 4286
0
Date
EXHIBIT "A"
County Denton
Highway U.S. 77
Project Limits From I.H. 35
To U.S.380
CSJ 0195-02-040
Account
FIELD NOTES FOR PARCEL 39 PART 2
Page 1 of 1
Rev November 28, 1994
BEING A TRIANGLE SHAPED PARCEL OF LAND SITUATED IN A CALLED 128 691-ACRE TRACT OF LAND
CONVEYED TO BOB E TRIPP AND DAVID E TRIPP, TRUSTEES, RECORDED IN VOLUME 996, PAGE 376, DEED
RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE 8 B B & C R R SURVEY,
ABSTRACT NO 188, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found highway monument being the most easterly northeast corner of said Tripp
tract and said point being on the existing west right of way line of FM 2164,
THENCE S 000 53' 06" E, along the east line of sold Tripp tract and the existing west right of way line of
FM 2164, a distance of 101 54 feet to an angle point,
THENCE S 000 19' 08" E, continuing along said common line, a distance of 33 30 feet to an angle point,
THENCE S 010 01' 62" W, continuing along said common line, a distance of 706 02 feet to a 5/8-inch von rod
with an aluminum cap set for a corner clip in the new north right of way of FM 2164 and the POINT OF
BEGINNING,
(1) THENCE S 010 01' 52" W, along a line common to said Tnpp tract and the existing west right
of way line of FM 2164, a distance of 17.68 feet to a point, being the southeast corner of said
Tripp tract and the northeast corner of a 6-acre tract of land conveyed to W C Orr, recorded 1n
Volume 197, Page 75, DRDCT,
(2) THENCE N 880 46' 32" W, along a line common to said Tripp tract and said Orr tract, a distance
of 17 74 feet to a set 5/8-inch iron rod with an aluminum cap in the new north right of way line
of F.M 2184,
13) THENCE N 46D 13' 28" crossing said Tripp tract and along the new north right of way line of
F M 2164, a distance of 25 00 feet to the POINT OF BEGINNING, and containing 0 004 acre or
157 square feet of land, more or less
i O.Y
John F Wilder, R P L S R,Q;.•�jgT�•,�.r. Date
Texas No 4285 �?dQF' "Cl-yFi;•�i1�
F
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4285
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D 2461 REV