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HomeMy WebLinkAbout1997-315ORDINANCE NO / / ' J t) AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EVA B JOHNSON RELATING TO THE PURCHASE OF 0 30 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PEC-4 TRIBUTARY OF PECAN CREEK, 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 Con- tract between the City and Eva B Johnson, 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 30 acres of land for constructing drainage improvements in the PEC-4 Tributary of Pecan Creek 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 1, PASSED AND APPROVED this the o��5t day of 4L ©U!' %" 1997 JACK MILLER, MAYOR �i A 1 OL ATTEST JENNIFER WALTERS, CITY SECRETARY BY A ROVED S TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY A BY e \docs\orQohnson real estate contract REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Eva B Johnson (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 consisting of 0 30 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 Purchaser is assuming responsibility for Items No 13, 14, 16, 17 and 18 listed on Schedule C, Commitment for Title Insurance (GF No 97-18185) attached to and made apart of this contract ("Purchaser's Obligations") PURCHASE PRICE 1 Amount of Purchase Price The purchase price for the Property shall be the sum of $2,000 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 Purchase actions contemplated hereby are of the following conditions any in part by Purchaser at or prio r hereunder to consummate the trans - subject to the satisfaction of each of which may be waived in whole or r 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 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 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 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 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. AEE009SE PAGE 2 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 beet 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, 300 N Elm, Suite 101, Denton, Texas on or before November 26, 1997, (which date is herein referred to as the "closing date,') CLOSING REQUIREMENTS 1 Seller's Recuirements 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 and all liens, encumbrances, conditions, assessments, and restrictions, except for the following 1. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of, and 2. 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"), 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 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 AEE0095E PAGE 3 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 Seller, 2. The exception as to restrictive cove- nants shall be endorsed "None of Recordil, 3. The exception as to liens encumbering the Property shall be endorsed "None of Record" other than those set forth in "Purchaser's Obligations" C Deliver to Purchaser possession of the Property on the day of closing 2 Purchaser's Recuirements Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds 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 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 enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to Purchaser ASE0095E PAGE 4 MISCELLANEOUS PROVISIONS 1 Agaignment 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, 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 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 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 Gander 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. 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 AEE0095N PAGE 5 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 /�//)D // DATED this / day of d dy6 /V , 1997 PURCHASER THE CITY OF DENTON, TEXAS BY Ted Benavides City Manager 215 E McKinney Denton, Texas 76201 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROV4D AS TO LEGAL FORM. HERBERT L ,PR\O'UTY,,, CITY ATTORNEY SELLER (T�� 4 Eva B. Johnson AEB0095E PAGE 6 EXHIBIT "A" All that certain lot, tract or parcel of land being a portion of the Hiram Sisco Survey, situated in the City of Denton, Denton County, Texas, and described as follows: BEGINNING at a point in the B.B. line of Bradshaw Street, 258 feet north of the B.W. corner of a tract of land conveyed by D T. Meredith and wife, to M. C. Sheppard by deed dated May 18th, 1945, the beginning point being the B.W. corner of a lotloonveyed to MCDade$ THENCE East with McDade's B.B. line 150 feet to McDade's B E corner$ THENCE South, parallel with the B.B. line of Bradshaw Street, 90 feet to a corner$ THENCE West, parallel with the B.B. line of McDade's lot, 150 feet for corner in the E.B. line of Bradshaw Street THENCE North with the 3.8 line of Bradshaw Stret 90 feet to the place of beginning. SAVE & EXCEPT: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, being a part of the H. Sisco Survey, Abstract No. 1184, and being a part of a certain tract of land conveyed by Dr. M.C. Sheppard to Wm. Smith by deed dated March 20, 1946, and recorded in Volume 322, Page 573, of the Deed Records of Denton County, Texas, and being more particularly described as follows, to -wit: Beginning at the northwest corner of said Wm. Smith tract, said point of beginning being 100 feet south of the intersection of the east right-of-way line of Bradshaw Street and the south right-of- way line of Prairie Street, said point of beginning being in the east right-of-way line of said Bradshaw Street; Thence South, with the west boundary line of said Wm. Smith tract, 90 feet to a point for a corner at the southwest corner of said Wm. Smith tract; Thence East with the south boundary line of said Wm. Smith tract, 5 feet to a point for corner 5 feet east of and perpendicular to the west boundary line of said Wm. Smith tract; Thence North; 5 feet east of and parallel with the west boundary line of said Wm. Smith tract, 90 feet to a point for a corner in the north boundary line of said Wm. Smith tract; Thence West, with the north boundary line of said Wm. Smith tract, 5 feet to the place of beginning and containing 0.009 acres of land, more or less. 1 I i 1 I I 1' - 4W PmAERIR s9'REE4 � mares/ea Cj��� i �m ar eee / ree i n ta I,I ---I 0.0 o � or ar ewmN W-M Sam ; > 0 ' EVA IL JOHNSON VOL2481 PO. 29 �� i ,5/8 IRS .0 I` p 8 + �_ S09•5757•W J SC!44 78' ,@ [ OMM oo.a aHwan S POINT OF BEGINNINGda - - I , imaren/aw LA NELSON, JR V 1504, PG 141 ' I I «om op[ um n ne ory a oamro arms DA o.ma DA et —Tr 1 GTY OF DENTON i EASEMENT I I i Z N i ' p N 0 0. i �N a AgE TEAGUE NALL AND PERKINS 9I5 Ftoren ee Strse! Fort Worth, reaoe 76102 ( 6 1 7) J J 6— 5 7 7 J JOB NO DEN97125 COMMITMENT FOR TITLE INSURANCE SCHEDULE C G. F. No.: 97-1818S Your Policy will not cover lose, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1 Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2 Satisfactory evidence must be provided that: - no person occupying the land claims any interest in that land against the persona named in paragraph 3 of Schedule A, - all standby fees, taxes, assessments and charges against the property have been paid, - all improvements or repairs to the property are completed and accepted by owner, and that ell contractors, subcontractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, - there is legal right of access to and from the land, - (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage 3. You must pay the seller or borrower the agreed amount for your property or interest 4. Any defect, lien or othermatter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment 5. Upon receipt of a survey acceptable to Company and upon payment of all the expenses in connection with the survey and the applicable premium, if any, Item 2 of Schedule B will be deleted except for "shortages in area," subject to any additional exceptions revealed by the survey. 6 Upon payment of the applicable premium, Paragraph 3 of Schedule B of any Mortgagee Title Policy or Mortgagee Title Policy Binder on Interim Construction Loan will be amended to read as follows: "Standby fees, taxes and assessments by any taxing authority for the year 1997 and subsequent years " 7. Upon payment of the applicable premium, Paragraph 3 of Schedule B of any Mortgages Title Policy or Mortgagee Title Policy Binder on Interim Construction Loan will be amended to include the following language: "Company insures that standby fees, taxes and assessments by any taxing authority for the year 1997 are not yet due and payable." 8. Note to all buyers, sellers, borrowers, lenders and all parties having an interest in the transaction covered by this commitment. The following constitutes a major change in the procedures and requirements for disbursement of funds pursuant to this transaction: The State Board of Insurance has adopted Article 9.39A disbursement from trust fund accounts and Procedural Rule P-27 which requires that sufficient "good funds" be received and deposited to the trust fund account before disbursment. "Good funds" is defined in part as: 1. cash or wire transfers; 2. certified checks, cashier's checks and teller's checks; 3. uncertified funds in amounts less than $1500.00, including personal checks, travelers checks, money orders, and negotiable orders of FORM Commitment -Schedule C Effective January 1, 1993 CONTINUATION OF SCHEDULE C G. F. No.: 97-18185 withdrawal; provided multiple items shall not be used to avoid the $1500.00 limitation; and 4. uncertified funds in amounts of $1500.00 or more, drafts and any other items when collected by the financial institution. 9. Obtain and return to title company a signed statement made by purchaser/borrower acknowledging receipt of title commitment prior to closing, and acceptance of the exceptions shown under Schedule B thereof. 10. If the property is occupied by other than owner, obtain tenant's disclaimer or waiver; otherwise, exception will be taken to rights of parties in possession. 11. Obtain Seller's Affidavit as to no debts, liens, etc. on said property for recent improvements, if any, or under UCC filing. 12. Additional Closing Requirements (3 page form) must be signed and initialed by all parties in this transaction. 13. Notice of Assessment for street maintenance filed August 15, 1969, and recorded in Volume 589, Page 587, Deed Records of Denton County, Texas. REQUIREMENT. PARTIAL RELEASE 14. Notice of Lien: AMOUNT 1. $140100 Volume 2157, Page 545 May 18, 1987* 2. $305,00 Volume 2569, Page 655 May 01, 1989* 3. $160.00 Volume 2799, Page 482 Jun. 19, 1990* 4. $115.00 Volume 2869, Page 725 Oct. 18, 1990* 5. $120100 Volume 2963, Page 088 Apr. 18, 1991* 6. $115,00 Volume 2963, Page 216 Apr. 18, 1991* 7. $115400 Volume 3069, Page 035 Sep 30, 1991* 8. $115.00 Volume 3174, Page 593 Mar. 06, 1992* 9. $115.00 Volume 3202, Page 041 Apr. 10, 1992* 10. $113.00 Clerk's #:93-R0060537 Aug. 31, 1993* 11. $113.00 Clerk's #:93-R0083976 Nov. 18, 1993* 12. $115.00 Clerk's #:94-R0087968 Nov. 29, 1994* 13. $105.00 Clerk's 0:95-R0057610 Sep. 15, 1995* 14. $105:00 Clerk's #:96-R0012122 Feb. 23, 1996* FORM: Commitment -Schedule C Effective January 1, 1993 CONTINUATION OF SCHEDULE C G. F. No.: 97-1818S 15 $105.00 Clank's #:96-R0057684 Aug 20, 1996* 16. $105. 00 Cla$k' s #t 96-R0059456 Aug. 26, 1996* 17. $110.00 Clerk's #:97-R0044313 Jul. 02, 1997* 18. $110. 00 Clerk's #t 97-R0053622 Aug. 06, 1997* *Real Property Records of Denton County, Texas. REQUIREMENT: PAYMENT & RELEASE 15. Bankruptcies. JOHNSON SS#308-611-7886 (MID -ODES) #70518M DEC. 21, 1990 SS#454-06-2549 (AUSTIN) #10161A JAN. 18, 1996 SS#464-11-5028 " it of " " SS#N1A it #11262A MAY 02, 1996 REQUIREMENT: Affidavit with proper identification to affirm that EVA B. JOHNSON is not the same person as any of those who are parties to any of the above mentioned bankruptcies OR require evidence that they have authority to enter into the transaction 16. In Cause No. 80-2580-B, styled "DENTON COUNTY vs. WILLIAM SMITH, ET AL", Tax Lien is requested in Plantiffs' original petition. REQUIRE: PAYMENT AND DISMISSAL OF SUIT AT LEAST AS TAR AS SUBJECT PROPERTY IS CONCERNED. 17. In Cause No. 810-2860-A, 16th Judicial District Court of Denton County, Texas, styled "DENTON 'COUNTY vs. WILLIAM SMITH", Tax Lien is requested in Plantiffs' original petition. REQUIRE: PAYMENT AND DISMISSAL OF SUIT AT LEAST AS FAR AS SUBJECT PROPERTY IS CONCERNED. 18. In Cause No. 90-1018, 367th Judicial District Court of Denton County, Texas, styled "DENTON ISD, ET AL vs. EVA B. JOHNSON, ET AL", Tax Lien is requested in Plantiffs' original petition. REQUIRE: PAYMENT AND DISMISSAL OF SUIT AT LEAST AS FAR AS SUBJECT PROPERTY IS CONCERNED. FORM: Commitment -Schedule C Effective January 1, 1993