HomeMy WebLinkAbout2001-298s \a„r uoo=Onls�AC We m
ORDINANCE NO a�OD
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND WESLEY CLARK AND JOSEPHINE C CLARK RELATING TO THE
PURCHASE OF APPROXIMATELY 0 9213 ACRE OF LAND BEING LOCATED IN THE
ALEXANDER WHITE SURVEY, ABSTRACT NO 1406 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 5B)
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 Wesley Clark and Josephine C Clark 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 9213 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 to the
attached Real Estate Contract
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the b-A I — day of 2001
&16�
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
AP10OVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
10
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by WESLEY CLARK AND JOSEPHINE
C CLARK (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 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 September 28, 2001 shall become
property of the City of Denton, Texas
PURCHASE PRICE
1 Amount of Purchase Price The total purchase price for
the Property shall be the sum of $65,000 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
2 Payment of Purchase Price The full amount of the
Purchase Price shall be payable in cash at the closing
'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
DISK 5
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
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
PAGE 2
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
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 Texas Title
Company, 2215 S Loop 288, Suite 320, Denton, Texas 76205 on or
before September 28, 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 Texas
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 sub3ect 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 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, 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 a result of the
consummation of this contract
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-
rantigs, 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 unen£orceability 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
PAGE 6
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
IN WITNESS WHEREOF, Seller and Purchaser have executed this
contract as follows
SELLER
k 6�z/
OE
t
Date •
PURCHASER
BY
Mike bond £
City Manager
215 E McKinney
Denton, Texas 76201
Date A-L2-O /
PAGE 7
4PAOVED ,ASS TO
CITY ATTOAI✓c
CITY OE�;1u,
STATE OF TEXAS
COUNTY OF DENTON
h s instr nt is acknowledged before me, on this � day of_
2001 by Mike Conduff, City Manager, of the City of
Dento , 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 capacit)v7therein stated
�- ^'°��, ANNFORS"HE _ t
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Notary Puhllo, state of Tares No ary Public in nd for
MY Commipiai Expires
"a,, .r MAY 9, 2002 the State of Tex s
STATE OF
COUNTY OF
This i atrument is acknowledged before me, on this �o � day of
, 2001 by WESLEY CLAM
c00000000000000000000000oC00'u'^
s R00ER N WILKINSON
Notarypubllc State of Texas
".o,�•' My Commisslon Expires l-LI-02 z
OOOOCOOOOOOOOOOO000000000000 )
W Zxot7 Public in and for
the State of
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
The Title Company acknowledges receipt of the fully executed
Contract on day of , 2001
TITLE COMPANY
Name Texas Title Company
Address 2215 S Loop 288, Suite 320
Denton, Texas 76205
Telephone 940-382-8251
By
Printed Name
Title
PAGE 8
STATE OF
COUNTY OF
This instrument is acknowledged before me, on this _15 -+k day of
Aj6rqS;r, 2001 by JOSEPHINE C CLARK
Notary IPublic in and for
the State of %EXA'S
PAGE 9
EXHIBIT A
County Denton
Highway t I C 77
Project Limits From LE—U
To I I S '12
CSJ n19.5 0
Account
Page 1 of 1
Rev June 2001
FIELD NOTES FOR PARCEL 5B
BEING A 0 9213 ACRE PARCEL OF LAND SITUATED THE ALEXANDER WHITE SURVEY, ABSTRACT NO 1406
CITY OF DENTON, TEXAS AND BEING A PORTION OF A CALLED 8 431 ACRE TRACT OF LAND DESCRIBED IN
INSTRUMENT TO GARY H KIRCHOFF, TRUSTEE OF THE WESLEY CLARK AND JOSEPHINE C CLARK
REPLACEMENT PROPERTY IRREVOCABLE TRUST AND RECORDED IN COUNTY CLERK CONVEYANCE NUMBER
98 R0116072, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS
COMMENCING for reference at a fence corner found for the southeast corner of said 8 431 acre tract same
being an ell corner of a called 78 865 acre tract of land (Loop Tract Tract One) described in instrument to
Rancho Vista Development Company, recorded in Volume 2695, Page 465, DRDCT
THENCE N 000 27' 33' E, along the east line of said 8 431 acre tract and a west line of said 78 865 acre tract
a distance of 131 97 feet to a 5/8 inch iron rod with an aluminum disk found in the new southerly right of way
line of U S 77 and the POINT OF BEGINNING,
(1) THENCE N 58° 12 52 W, along the new southerly right of way line of U S 77, a distance of
947 06 feet to an 'X' cut set in the west line of said 8 431 acre tract, same being in the east
line of Lot 1, Block A Baruch Addition an addition recorded in Cabinet P Page 173 of the Plat
Records of Denton County Texas and described in instrument to Walnut Acres L L C and
recorded in County Clerk Conveyance Number 98 RO1 12744 DRDCT
(2) THENCE N 32° 18 56 E, along the west line of said 8 431 acre tract and the east line of said
addition, passing at 30 74 feet the northeast corner of Lot 1 and the existing right of way line of
U S 77 dedicated by said addition, in all, a total distance of 47 21 feet to the northwest corner
of said 8 431 acre tract
(3) THENCE S 570 41 20" E along the north line of said 8 431 acre tract and the existing southerly
right of way line of U S 77, a distance of 923 09 feet to a found 1 /2 inch iron rod for the
northeast corner of said 8 431 acre tract
(4) THENCE S 000 27 33' W, along the east line of said 8 431 acre tract passing at 22 54 feet a
northwest corner of said 78 865 acre tract, in all, a total distance of 45 35 feet to the POINT OF
BEGINNING and containing 0 9213 acres or 40,131 square feet of land
Surveyed May 2001
PBS&J Inc /,
Thomas William Mauk R P L S
Texas Registration No 5119 r[TO
OF r
5 Tur
WILLIAM MA„K
5119
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SURD L
Date
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BARUCH ADDITION
N S }^4� S 00° 27 33" W
CAB P, PC 173
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PRDCT
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WALNUT ACRES, L L Ca9�
CC • 98-RO112744
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DRDCT
6
GARY H KIRCHOFF TRUSTEE OF THE
Fg`
WESLEY CLARK & JOSEPHINE C CLARK
REPLACEMENT PROPERTY IRREVOCABLE TRUST
(CALL 8 431 AC ) POB
CC 98 R0116072 FIND AD
DRDCT
------------ - - - - -
------- It -- ---- %
-
POC
s
FENCE CORNER
RANCHO VISTA x }
DEVELOPMENT COMPANY
LOOP TRACT TRACT ONE
(CALLED 78 865 AC )
VOL 2695,PG 465
DRDCT N 00°
27 33 E
13197
LEGEND
EXIST ROW LINE --------
NEW ROW LINE
PROPERTY LINE IE
COUNTY LINE
CONTROL OF ACCESS LINE —��I--
SURVEY LINE - - -!t - - - -
4w
R POL S NoIL B MAUK �\ DATE
FENCE —x—+—
NOTE
''
CITY LIMITS - - - - - - - -
ALL BEARINGS ARE ON THE TEXAS STATE PLANE
OF
EASEMENTS - - - - - - - -
COORDINATE SYSTEM NORTH CENTRAL ZONE NAD 27(THOMAS
'�F'
STRUCTRAILROAURE
A LEGAL DESCRIPTION AT EVEN
EN�RECORD
CALL 1
SURVEY DATE HEREWITH
THIS PLATSET
C GfACCOMPANIES
OR FOUND % CUT X
WILLIAM MALIK
AO SET UNLESS OTHERWISE NOTED O
SET AD TxDOT ALUMRBUM DISK SET ON TOP
OF A 5181NCH IRON ROD
5119 oQ.
1p
SET BD TxDOT BRONZE DISK SET ON TOP OF A 5/8 INCH IRON ROD
OpOdQGRAPHIC
SCALE
A PLAT OF A SURVEY OF A
E S S% -1
0
0 0o zoo
0 9213
AC [40,131 SO FT ] TRACT OF LAND
SURNJ
IN
THE ALEXANDER WHITE SURVEY
CSJ No 0195-02-
ABSTRACT NO 1406 PARCEL
58
CITY OF DENTON
ACCOUNT
DENTON, COUNTY, TEXAS SHEET
1 OF 1
0 3780
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