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HomeMy WebLinkAbout2000-114P WCN`CryINAL`Au,OotammY`ONinmeWW�BN4ob RW PMIe CanVrA.dac ORDINANCENO 000 —1 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EVELYN BARTHOLD, ET AL, RELATING TO THE PURCHASE OF APPRO ATELY 17 ACRES OF LAND AT THE NORTHWEST CORNER OF I-35 AND LOOP 2 8 IN THE B B B & C R R SURVEY, ABSTRACT NO 141 FOR THE CONSTRUCTION OF A WATER STORAGE FACILITY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Evelyn Barthold, individually and as Independent Executrix of the Estate of Edward Robert Barthold, and Fred Lee Barthold, Karen Michelle Lyle and Glynda Ann Hairston, hn 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 17 acres of land for the purpose of constructing a water storage facility SECTIONThat the City Manager is authonzed to make the expenditures as set forth in the attached Real Estate Contract SgCTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the o,sday of 4151- 2000 t� JA K ILLER, MAYOR ATTEST; JENNIFE�R WALTERS, CITY SECRETARY \\CH10L\VOLIV4HAR8D\DOPNAUAur OocummWFamrrufAU6wIIwIA Puvhrw II 1699M]Jx REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THUS CONTRACT OF SALE is made by and between Evelyn Barthold, Individually and as Independent Executrix of the Estate of Edward Robert Barthold, and Fred Lee Barthold, and Karen Michelle Lyle, and Glynda Ann Hairston (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 in the B B B & C R R Survey, Abstract Number 141 consisting of approximately 17 acres (nominal 250' x 250' site (Tract 1) + 30' x 300' stnp(Tract 2)) as illustrated in "Exhibit A", the specific metes and bounds description to be calculated and derived from a formal survey yet to be performed, exact acreage amount of Tract 1 and Tract 2 combined shall be within the range of 16 acres to 18 acres, 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 nghts-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 hereinafter set forth 2 Purchaser hereby acknowledges that the access driveway for the purchase tract will be on State Highway Loop 288 3 Seller and Purchaser hereby agree to work cooperatively with site grading issues related to the installation of the proposed public improvements specifically as they relate to cutting the earthen ridge along the north nght-of-way line State Highway Loop 288 to mitigate any future utility elevation issues in regard to potential development of the remainder of the Barthold parcel, whereby permission to perform such activities will not be unreasonably withheld PURCHASE PRICE Amount of Purchase Price The purchase price for the Property shall be $1 00 per square foot of land The 17 acre tract would yield Seventy Four Thousand and Fifty Two Dollars and No Cents ($74,052 00) The exact dollar amount purchase price shall be calculated by using the square footage amount derived by survey of purchase tract 11OH WUVOLI�LW D mM a mU9 S".It? l� II 10. 1Em 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 1 Prelimmary Title Report Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall cause the Title Company (hereinafter defined) to issue an 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 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, Purchaser, at its option may elect to terminate this Agreement ( in which event tlus agreement shall be null and void ), grant Seller additional time to cure, or proceed to closing 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 tlus fact Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfactions of Purchaser In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement ( in which event Page 2 of 9 NCH WUVOLIV4NARBWHP LW O mwU\CNexY`1 dR We 111699X1 this agreement shall be null and void ), grant Seller additional time to cure, or proceed to closing Seller's Compliance Seller shall have performed, observed, 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 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, or trespassers 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 5 Seller hereby grants the City of Denton and or its designee formal permission to enter Seller's property in order to perform such field surveying activities to establish boundaries and monuments necessary to consummate the above -mentioned real property purchase transaction CLOSING The closing shall be held at the office of Texas Title Company (the "Title Company"), 2215 South Loop 288, Suite 320, Denton, Texas on or before March 3, 2000(which date is herein referred to as the "closing date") The closing date may be extended by mutual agreement of the parties Page 3 of 9 C\WMWWSWEMPBul IE c CLOSING REQUIREMENTS Seller's Reairements At the closing Seller shall A Deliver to Purchaser a duly executed and acknowledged Special 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 General real estate taxes for the year of closing and subsequent years not yet due and payable, and Any exceptions approved by Purchaser pursuant to Purchaser's Obli atg ions hereof, and Any exceptions approved by Purchaser in writing Seller shall reserve an ingress/egress easement within the boundaries of Tract 2 (30' x 300' strip) within the body of the Special Warranty Deed thereby preserving existing access rights to their remainder parcel along State Highway Loop 288 frontage road within the parameters of current or fixture subdivision regulations regarding access 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"), 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 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 Seller, 2 The exception as to restrictive covenants shall be endorsed "None of Record", 3 The exception as to liens encumbering the Property shall be endorsed "None of Record" other than those set forth in "Purchaser's Obligations" Page 4 of 9 \1p1 LOL\VOLIV4HAR8D\UBPPLliU9m Uaeomm�li�Cnn�ndMgBu\WOW Purclute II Ib99XLEm The exception for taxes shall be limited to the year of closing and shall be endorsed "not yet due and payable" C Deliver to Purchaser possession of the Property on the day of closing Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds Clos hosts Seller shall pay all taxes and special assessments assessed by any tax jurisdiction through the date of the 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, except for Seller's attorney fees 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 foil 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 MISCELLANEOUS PROVISIONS _Assignment of Agreement. This Agreement may not be assigned by Purchaser without the express written consent of Seller Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, Page 5 of 9 \\CH LOL\VOLI\8HAR8DNB9'1\L4UDel Dxmlmlf�GnV9W�A0\BwIIwW 9urth�w II 1699M1Ez pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein 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 Seller's agent for purposes of notice shall be EUE L Y61 i IPA O L t;' 4 Texas Law to &ply, 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 provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, 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 g T,roe 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 C_omnliance 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 11 Time T omit. 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 Seller, Purchaser shall have the right to terminate this Agreement upon written notice to Seller Page 6 of 9 kM LOL\VOLI\6xAP80N8PNAL`OWMwmmY\GiVxY\UP wld YmaAeeo II 16 1E DATED tlus I s-+ day of -FEBA Lk 6A T 2000 PURCHASER THE CITY OF DENTON, TEXAS BY i hael V Jez City Man ger 215 E McKinney Denton, Texas 76201 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY SELLER Evelyn Mafja Barthold, INDIVIDUALLY and as Independent Executnx of the ESTATE OF EDWARD ROBERT BARTHOLD SELLER Page 7 of 9 CwW MWSuEWBWWd NnM1 011169 1p SELLER �<O"� M'� Karen Michelle Lyle SELLER Glynly Ann Hairston SELLER'IADDRESS Ro 16ox Z-AIS U �cro�� TEX+�S 76Zoz -Zjk5- ACKNOWLEDGMENT THE STATE OF TEXAS COUNT' OF DENTON This instrument was acknowledged before me on Fr.-8R4w2q ��+ 2000 by Evelyn Barthold, INDIVIDUALLY '' c r r n B n nmrrnr n r rvn rn mnr mm and EDWARD 3p3ERBARTHPLD ,,�Q # r ,t Pa � H MUMMBON Nof f� bu hc, m or the St�ate`of Texas i'�k;, Note Ptuio. twolToww arY i s Mq cotrmNeion Exp tN•>Z?.II008 My Commission Expires (-2.Z — Zoo3 ocq O000 ACKNOWLEDGMENT THE STATE OF a § COUNT' OF § This ms�ument was acknowledged before me on �2000 by Fred Leel Barthold gs Not Public, d forState of 1C My Commission Expires Gas- a6o8 Page 8 of 9 C MW W WMEM%BWwW hXWC 11169992 d ACKNOWLEDGMENT THE STATE OF L° § COUNTY OF e § This instrument was acknowledged before me on J - u �000 by Karen Michelle Lyle ' Not Pub >c, in and for the State of OL� M Commission Expires WCpnMrkr/FitoYsn&7�900¢ ACKNOWLEDGMENT THE STATE OF (D\< § COUNTY OF � ate— § This instrument was acknowledged before me on tA) G 2000 by Glynda Ann Hairston ti,��Vf/III���i Notary Public, in and for the State of ©K ,` ® ••••••a• r • oTq� • My Commission Expires Pl1E�LIC O IN ANr7 FORS OR • v, STA rE Of o v e Page 9 of 9