HomeMy WebLinkAbout2001-171ORDINANCE NO 6400/ - /'7/
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND GERTRUDE HELEN GIBSON INDIVIDUALLY AND AS INDEPENDENT
EXECUTRIX OF THE ESTATE O THE
PURCHASE OF APPROXIMATELY Y 0 0226 ACRES OF AND BEING RELATING TLOCATED IN THE
N H MEISENHEIMER, ABSTRACT NO 810 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 31)
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager is hereby authorized to execute a Real Estate Contract
between the City of Denton and Gertrude Helen Gibson Individually and as Independent
Executrix of the Estate of Donald Edwin Gibson 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 0 026 acres of land for the U S Highway 77 Project, with title vesting in the
State of Texas
SECTION 2 The City Manager 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 day of 2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPRO ED AS TO LEGAL FORM
HERBERT L PROVTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and GERTRUTE HELEN GIBSON
INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF DONALD
EDWIN GIBSON (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 all convey,
that and
Purchaser
hereby purchases and agrees to pay for
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 Aroviaions,
and conditions hereinafter set forth �Selleball pa all coat
nstructio reins allation,
for the rem vai, �A
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Texas
PURCHASE PRICE
or iml
,bit of
1. Amount of Purchase Price. The total purchase price for
the Property shall be the sum of $10,400 00 (the "Purchase
Price"). The Property is being acquired by Purchaser to be used
by the State of Texas as right-of-way for the widening of U.S.
Highway 77. The Purchase Price represents settlement of any and
all claims, causes of action and damages that Seller may have
against Purchaser and the State of Texas as a result of the
acquisition of the Property including damages for the Property
itself and any damages to Seller's remaining property.
2. Patent of Purchase Price. Purchase Price. The full amount of the
Purchase Price shall be payable in cash at the closing.
DISK 5
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 Purchaser'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. 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
PAGE 2
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'a 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
follows, which representations
made by Seller to Purchaser also
and warrants to Purchaser as
and warranties shall be deemed
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
ent contemplated by any governmental
such proceeding or assessm
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").
PAGE 3
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
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
PAGE 4
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 tap[ 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
Seller and Purchaser represent and warrant to each other that
neither has retained a broker for this transaction and that there
are no broker or real estate fees due as she result of the
tPs�
consummation of this contract. 9eGG¢r X-s 1-erc,0ea
Wi✓VI kq+a5 !¢�!!¢Sa✓t f!¢m /N h f Swl¢ toe Che Al C<ori.rb s'/att 62 4da Ou > un«y
BREACH BY SELLER fr<rtru a Nccp,/ (r@scN, ZNdivd
A P.4 141 t'411wie✓t
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In the event Seller shall fail to fully and timely perform Al any of its obligations hereunder or shall fail to consummate the Or5
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sale of the Property except Purchaser's default, Purchaser may
either enforce specific performance of this Agreement orAw,kvOps
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.
PAGE 5
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 Avply. 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.
S. 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
PAGE 6
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.
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 date the
Title Company acknowledges receipt of a copy of this fully
executed contract is the Effective Date.
14. No Special Assessments The U S 77 Highway Project
for which the Property is being acquired consists of the widening
of said roadway to a four lane divided concrete thoroughfare (the
"Project") adjacent to Seller's remaining property. As
additional consideration, Purchaser agrees that it will not
assess Seller or its remaining property for any of the costs
associated with the Project
15. Existing Driveways. The Project will be constructed in
such a manner that Seller's existing driveway opening or openings
will remain open at no cost to Seller
16. Existing Fencing Purchaser shall relocate existing 4'
chain link fence currently situated along existing frontage
property line to the new U.S. Highway 77 right-of-way line at
Purchaser's sole cost and expense. Purchaser shall have fence
relocated within 90 days after closing date. Purchaser may, at
its discretion, deposit with the Title Company the dollar amount
stipulated by Purchaser's fence contractor for fence relocation
payment. The fence relocation funds are to be released by the
Title Company to the fence contractor upon the sole authorization
by the Purchaser.
PAGE 7
IN WITNESS WHEREOF, Seller and Purchaser have executed this
contract as follows:
SELLER: PURCHASER:
GERTRUTE HELEN GIBSON
INDIVIDUALLY AND AS
INDEPENDENT EXECUTRIX
OF THE ESTATE OF
DONALD EDWIN GIBSON f
By�1s'C�k�CY
GERTRUTE HELEN GIBSON
AS TO FORM
CITY
STATE OF TEXAS I'll
COUNTY OF DENTON
Howard Martin
Acting City Manager
215 E. McKinney
Denton, Texas 76201
Date
Th is in rument is acknowledged before me, on this day of_
2001 by Howard Martin, Acting City Manager, of the
Cit 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 capacity therein
stated.
ANN FORSYTHE
Notary Public, 6tate or Taxas No to Pub c >. and f or
Cbmm'aslon Expires
MAY9,2002 the State of Te as
STATE OF f SyOo
COUNTY OF DeAdVff
This instrument is acknowledged before me, on this /Z f'#` day of
A" -, 2001 by GERTRUTE HELEN GIBSON INDIVIDUALLY AND AS
INDE' pENDENT EXECUTRIX OF THE ESTATE OF DONALD EDWIN GIBSON.
"'tyy CHARLE8 J WINIKATES, JR C�M A •
1-1 MY COMMISSION EXPIRES V
r Notary Pu] lic in and f
February 9,2002 the State of 't 1iC0'o
PAGE 8
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
The Title Company ackno edges receipt of the fully executed
Contract on c3J day of 2001.
TITLE COMPANY:
Name: First American Title Insurance of Texas
Address: 1100 Dallas Drive, Suite 112
Denton, Texas 76205
Telephone: 940-383-2357
By: : -
Pri t d N
Titl At f,' \
PAGE 9
EXHIBIT 'A'
County Denton
Highway U.S. 77
Project Limits
CSJ• 0195.02-
Account•
From I.H.35
To U.S. 380
FIELD NOTES FOR PARCEL 31
Page 1 of 1
Rev. October 27, 1994
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO DONALD EDWIN GIBSON AND
WIFE, GERTRUDE GIBSON, RECORDED IN VOLUME 524, PAGE 602, DEED RECORDS OF DENTON COUNTY,
TEXAS (DRDCT). 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 fence comer post at the northwest corner of said Gibson Tract and the
northeast corner of a 0 688-acre tract of land conveyed to Chipng Lee and wife, Pay Betty Lee, as recorded in
Volume 1345, Page 920, DRDCT;
THENCE S 01 a 14' 06' W, along the west property line of said Gibson tract and east property line of said Lee
tract, a distance of 198.20 feet to a 5/8-inch Iran rod with an aluminum cap set for the POINT OF BEGINNING,
said point being on the new north right of way line of U.S. 77 and being on a non -tangent circular curve to the
left having a radius of 2804 79 feet;
ine of U S 77
nd said curve to the left,
(1) throuEa delta angle of 03° 05' 33southeasterly, along the 8 an arc distance w right of way ) of 151 39 feet, ghand having a chord which
bears S 540 30' 43' E, a distance of 151.37 feet to a set 5/8-inch iron rod with an aluminum
cap, said point being on the east line of said Gibson tract and west line of a tract of land
conveyed to Eloise T Lohman, recorded in Volume 1569, Page 845, DRDCT,
(2) THENCE S 010 04' 56' W, along a line common to said Gibson tract and said Lohman tract, a
distance of 3.80 feet to a found 1/2-inch von rod for the southeast comer of said Gibson tract,
same being the southwest comer of said Lohman tract, and said point bang on the existing north
right of way line of U.S 77,
(3) THENCE N 580 32' 05' W, along a line common to said Gibson tract and existing north right of
way line of said U S 77, a distance of 144.82 feet to a found 1/2-inch von rod for the southwest
comer of said Gibson tract, same being the southeast corner of said Lee tract,
aid Lee tract, a
stance
(4) THENCE of 16.09 lfeet to he PO N,TIOF BEGINNING, and containing 0.026 acre, ong a line common to said Gibson tract and sor 1,141 square feet of
land, more or less
John F Wilder, R P L.S
Texas No 4285
Date
8 0-24"J Ev