HomeMy WebLinkAbout2001-121S\Oue OocMCM\ rNAui RUS'I1)u &BJMopONdw
ORDINANCE NO W �i
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND BETTY RUTH DAVIS JACKSON AND JOYCE DAVIS BRENHOLTZ
BISHOP RELATING TO THE PURCHASE OF APPROXIMATELY 0 421 ACRE OF LAND
BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 OF DENTON
COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE
STATE OF TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE (PARCEL 36)
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager, or his designee, is hereby authorized to execute a Real
Estate Contract between the City of Denton and Betty Ruth Davis Jackson and Joyce Davis
Brenholtz Bishop 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 approximately 0 421 acre of
land for the U S Highway 77 Project, with title vesting in the State of Texas
SECTION 2 The City Manager, or his designee, is authorized to make the expenditures
as set forth in the attached Real Estate Contract
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval �
PASSED AND APPROVED this the A �7 �/� � day of %%CL{,G 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPR ED 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 BETTY RUTH JACKSON and
JOYCE DAVIS BRENHOLTZ BISHOP (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
Seder 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 April 30, 2001 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 $36,662 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.
DISK 5
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. 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 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
PAGE 2
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
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 First American
Title Insurance Company of Texas, 1100 Dallas Drive, Suite 112,
Denton, Texas 76205 on or before April 30, 2001, 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
PAGE 3
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
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 First
American Title Insurance Company of Texas, 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".
PAGE 4
C. Deliver to Purchaser possession of the Property on
the day of closing.
2. Purchaser's Reguirements. 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, except for Seller's attorney
fees.
REAL ESTATE COMMISSION
All obligations of the Seller and Purchaser for payment of
brokers' fees are contained in separate written agreements.
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 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.
PAGE 5
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.
5. Parties Sound. 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
PAGE 6
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.
13. Effective Date. The term "Effective Date" means the latter
of the dates on which this Contract is signed by either Sellers
or Purchaser, as indicated by their signature below. If the last
party to execute this Contract fails to complete the date of
execution below that party's signature, the Effective Date shall
be the date this fully executed Contract is acknowledged by the
Title Company.
IN WITNESS WHEREOF, Seller and Purchaser have executed this
contract as follows:
SELLERS
BETTY RUTH DAVIS JACKSON
JOYCE DAVIS BRENHOLTZ BISHOP
B`
BETTY DAVIS JA KSON
Date a- lb -0 /
B
JOYCECDAVIS BRENHOLTZISHOP
n s F e fa -- s .n _._. 1
OFFICIAL SEAL
Irene J Chavez
comnsslan
NANCY M ROWAN
Notary Public
STATE OF TEXAS
My Comm EXp 06/11/2002
PURCHASER.
CITY OF DENTON, TEXAS
Ir
BY:
Micp([I1 w.�Jez/ /
City anag 215 E MCK nn
Denton, 2T xas 76201
Date J O
PAGE 7
APPROVED AS TO FORM
CITY ATTORNEY
CITY OF DE4Wr,, rVA'
iW
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this 9d day of_
2001 by Michael W. Jez, City Manager, of the City
of benton, 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 an that he executed the same
as the act of the said City for p rposes and consideration
therein expressed, and in the capac y there fi tated /
,PY V
ANN FORSYTHE
Notary Public, State
of Texas
My Commission Expiplrestae
STATE OF
COUNTY OF
Notary Public in�and for
the State of Texas
Thip instrument is acknowledged before me, on this day of
2001 by BETTY RUTH DAVIS JACKSON
NANCY M ROWAN
Notary public
STATE OF TEXAS
My Comm Fxp Ordi1/2002
otary Public in and for
he S ate of _6Z ��
STATE OF
COUNTY OF
Th4. ips�rument is acknowledged before me, on this day of
2001 by JOYCE DAVIS BRRENHOL/TZ BISHOP.
OFFICIAL SEAL Notary nd,^f^or
`• 1 A Irene J Chavez the ate of
.S s..—.51 ,:• NOTARY PUBLIC
STATE OFF CO
M1 Conlin' s^on Expires
PAGE 8
EXHIBIT "A"
County Denton Page 1 of 1
Highway U.S. 77
Project Limits From I.H, 35 Rev December 19, 1994
To U.S.380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 36
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO BETTY RUTH DAVIS JACKSON
AND JOYCE DAVIS BRENHOLTZ, RECORDED IN VOLUME 711, PAGE 382, DEED RECORDS OF DENTON
COUNTY, TEXAS (DRDCT), AND BEING A PORTION OF DAVIS TRIANGLE ADDITION, RECORDED IN CABINET J,
PAGE 27, MAP RECORDS DENTON COUNTY, TEXAS, AND BEING SITUATED IN THE B B B & C R R SURVEY,
ABSTRACT NO 188, 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 southwest corner of said addition,
THENCE N 000 51' 18" E, along the west line of said Jackson tract and said addition, a distance of 301 98 feet
to a set 5/8-inch iron rod with an aluminum cap for the POINT OF BEGINNING, same being a point on the new
south right of way line of U S 77 and a point on the east line of a tract of land conveyed to Roy D Martin, as
recorded in Volume 416, Page 215, DRDCT,
(1) THENCE N 000 51' 18" E, along a line common to said Jackson tract and said Martin tract, a
distance of 54 06 feet to a point for the northwest corner of said Jackson tract, and said point
being on the existing south right of way line of U S 77,
(2) THENCE S 580 18' 30" E, along a line common to said Jackson tract and the existing south right
of way line of U S 77, a distance of 431 38 feet to a point for the northeast corner of said
Jackson tract and said point being on a non -tangent circular curve to the right having a radius of
510 83 feet,
(3) THENCE southwesterly, along the west line of Windsor Drive, a right of way deeded to the City
of Denton in Volume 1181, Page 104, DRDCT, said curve to the right, through a delta angle of
O60 35' 35", an arc distance of 58 78 feet, and having a chord which bears S 480 49' 35" W,
a distance of 58 75 feet to a set 5/8-inch iron rod with an aluminum cap, same being a point on
the new south right of way line of U S 77,
(4) THENCE N 020 55' 51" W, along the new south right of way line of U S 77, a distance of 22 89
feet to a set 5/8-inch iron rod with an aluminum cap, being on a non tangent circular curve to the
right having a radius of 3879 72 feet,
(5) THENCE northwesterly, along the new south right of way line of U S 77 with said curve to the
right, through a delta angle of 040 05' 04", an arc distance of 276 58 feet, and having a chord
which bears N 600 14' 09" W, a distance of 276 52 feet to a set 5/8-inch iron rod with an
aluminum cap, being a point of tangency,
(6) THENCE N 580 11' 37" W, with the new south right of way line of U S 77, a distance of 96 99
feet to the POINT OF BEGINNING, and containing 0 421 acre, or 18,331 square feet, more or
less, of which 295 square feet reside in a public utility easement to the City of Denton
OF
A.
Jcifin F Wilder, R P L S. ,.OHN JF WILDER
Date
Texas No 4285
%_4285
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