HomeMy WebLinkAbout2000-116S Wm pucYneouWNbWOMMdP�MryhJIMbllaliY CovVec4tla
ORDINANCE NO 000110 L� �—
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND MAYHILL ROAD REALTY CO, RELATING TO THE PURCHASE OF
APPROXIMATELY 0 9628 ACRE OF LAND LOCATED IN THE GIDEON WALKER
SURVEY, ABSTRACT NO 1330 OF DENTON COUNTY, TEXAS, FOR THE
UTILIZATION FOR ELECTRICAL SUBSTATION EXPANSION, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1_ That the City Manager is hereby authorized to execute a Real Estate
Contract between the City and Mayhtll Road Realty Co, 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 9628 acre of land for utilization for electrical substation expansion
SECTION 2 That the City Manager is authorized to make the expenditures as set forth
in the attached Real Estate Contract
SECTION 3 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the day of i 2000
TMAYOR--
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY )A J�u A2 -
APP VED A TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY <4L
REAL ESTATE CONTRACT
ors /(-, 1A111 Z
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between MAYHILL ROAD
REALTY CO., A TEXAS GENERAL PARTNERSHIP (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
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. Purchaser
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 28, 2000
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 $109,666.62.
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. Preliminary Title Report. Within twenty (20) days after
the date hereof, Purchaser, at Purchaser'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, Purchaser
shall, at Purchaser's option, promptly undertake to eliminate or
modify all unacceptable matters to the reasonable satisfaction
of Purchaser. In the event Purchaser 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 shall have ten (10) days after the receipt of the
survey (but in no event later than thirty (30) days from the
date of this agreement) to review and approve the survey, or, in
the event the purchaser finds the survey unacceptable or
objectionable for any reason, to give Seller written notice of
such objections. 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
AEE008FE PAGE 2
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 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, Seller has
received no pending or threatened condemnation or similar
proceeding or assessment or suit, affecting title to the
Property, or any part thereof, nor to the beat knowledge and
belief of Seller is any such proceeding or assessment
contemplated by any governmental authority.
3. To the beat of the seller's knowledge, 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 Dentex Title
Company on or before April 28, 2000, or at such title company,
time, Mate, and place as Seller and Purchaser may mutually agree
upon (which date is herein referred to as the "closing date").
AEE008FE PAGE 3
CLOSING REQUIREMENTS
1.
Seller's Reguirements. At the closing Seller shall:
A. Deliver to City of Denton a duly executed and
acknowledged Special Warranty 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
followings
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
hereof; and
3. Any exceptions approved by Purchaser
in writing.
B. Purchaser to obtain a Texas Owner's Policy of Title
Insurance at Purchaser's sole expense, issued by Dentex
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 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
covenants shall be endorsed "None of
Record";
AEE008FE PAGE 4
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".
C. Deliver to Purchaser possession of the Property on
the day of closing.
2. Purchaser's Reauirements. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in immediately available funds.
3. Closina 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.
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.
AEE008P'F7 PAGE 5
l.i Assicnment of Acreement. This Agreement may be assigned
by Purchaser to any related governmental entity 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
herebyi 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 theladdress 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 heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Lecal 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
invalidity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as
if thei invalid, illegal, or unenforceable provision had never
been contained herein.
7. Prior Acreements 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
AEE008FE PAGE 6
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
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.
DATED this Y{�� day of 411AA 2000.
SELLER PURCHASER
MAYHIkL ROAD REALTY CO. THE )CITY OF DENTON,
J.
Cit Ma a er
215 E. MdKinney
Denton, Texas 76201
AEE008FE PAGE 7
STATE OF TEXAS
COUNTY IOF DENTON
i s ent is acknowledged before me, on this � day of_
2000 by Michael W. Jez, City Manager, of the City
of en#on, 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 appro riate ordinance of the
City Council of the City of Denton and at he executed the same
as the act of the said City for p r oses and consideration
therein expressed, and in the capacit t ere�"tated.//
,n' " "`• ANN FORSYTHE
Notary Peblio, Mote of Texas
My OommInion Expires
•'' o.+±�" MAY 9.2002
STATE OF Se,
COUNTY OF a I%&AA..
This instrument is
of , 2000
Notai/`y Public in
the State of Tex
acknowledged before me, on this
by STEPHEN J. ZIFF
for
104- day
Notary Public in and for
the State of S C_
Pdy Comrll,"Wn i-PIre; JL'y 6, f,j r,
AEE008FE PAGE 8
EXHIBIT "A"
Being p 0 915 acre tract of land situated in the G Walker Survey Abstract No 1330
City of Denton, Denton County, Texas, and being a portion of a called 182159 acre tract
of land as described in deed to Mayhdl Road Realty Co as recorded in Volume 1441,
Page 606 of the Real Property Records of Denton County Texas said 0 915 acre tract
being more particularly described as follows
BEGINNING at an von rod found for a northerly corner of said Moyhdl tract and the
easternmost corner of a tract of land as described in deed to Andrew Corporation as
recorded in Volume 944, Page 424 of the Deed Records of Denton County Texas, some
bung in the southwesterly right-of-way line of the Union Pacific Railroad (formerly
MK & T Railroad), said von rod also being the beginning of a non -tangent curve to the
left having a central angle of 04 degrees 04 minutes 40 seconds, a radius of 2 914 79 feet
a chord bearing South 33 degrees 41 minutes 12 seconds East and a chord distance of
203 46 feet,
THENCE along the southwesterly right-of-woy line of the Union Pacific Railroad and
along said non -tangent curve to the left an orc distance of 20745 feet to an iron rod set
for corner,
THENCE over and across said MayhJl tract the following calls
South 51 degrees 53 minutes 53 seconds West a distance of 371 54 feet to on von
rod set for corner,
North 38 degrees 06 minutes 07 seconds West a distance of 50 00 feet to an von
rod found for the southernmost corner of a tract of land as
described in deed to the City of Denton as recorded in Volume 1814 Page 619 of
said Real Property Records
THENCE along the common line of said Moyhdl tract and said City of Denton tract the
following calls
North 51 degrees 53 minutes 53 seconds East, a distance of 242 00 feet to on von
rod found for corner,
North 37 degrees 56 minutes 50 seconds West a distance of 150 00 feet to an von
rod found In the southeast line of said Andrew Corporation tract
THENCE North 49 degrees 16 minutes 00 seconds East along the common
line of said Andrew Corporation tract and said called 182159 acre tract a distance of
14626 feet to the POINT OF BEGINNING and containing 0915 of an acre more or less
and bung subject to any and all easements that may affect
r
EXHIBIT "B"
SPECIAL WARRANTY DEED
Date:
Grantor: MAYHILL ROAD REALTY CO., A TEXAS GENERAL PARTNERSHIP
Grantee: City of Denton
Grantee's Mailing Address (including county):
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Denton, County
Consideration:
TEN DOLLARS AND N0/100 ($10.00) and other good and valuable
consideration.
Property (including any improvements):
All those certain tracts of land being situated in the Gideon
Walker Survey, Abstract No. 1330, Denton County, Texas and being
more particularly described in "EXHIBIT A" attached hereto and by
this reference being made a part hereof for all purposes.
Reservations From and Exceptions to Conveyance and warranty:
Easements, rights -of -way, and prescriptive rights, whether of
record or not; all presently recorded instruments, other than
liens and conveyances, that affect the property.
GRANTOR , for the consideration, receipt of which is hereby
acknowledged, and subject to the reservations from and exceptions
to conveyance and warranty, grants, sells and conveys to Grantee
the property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and to hold
it to GRANTEE, GRANTEE'S heirs, executor, administrators,
successors or assigns forever. GRANTOR binds GRANTOR and
GRANTOR'S heirs, executors, administrators and successors to
Deed -1
warrant and forever defend all and singular the property to
GRANTEE and GRANTEE'S heirs, executors, administrators, successors
and assigns against every person whomsoever lawfully claiming or
to claiw the same or any part thereof, by, through or under, but
not otherwise.
when the context requires, singular nouns and pronouns
include the plural.
MAYRILL ROAD REALTY CO.
BY:
Ste%Ihen -J. Wif
8 Legare Street
Charleston, S.C. 29401
STATE O8 S
COUNTY 08
This instrument was acknowledged before me on this day
of , 2000 by Stephen J. Ziff.
Notary Public, in wad for
the State of
My Commission Expires.
Deed-2
EXHIBIT "A"
BEING A�PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO MAYHILL
ROAD REALTY COMPANY BY DEED RECORDED IN VOLUME 1441, PAGE 606, REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS (RPRDCT), AND BEING SITUATED
IN THE GIDEON WALKER SURVEY, ABSTRACT NO 1330, CITY OF DENTON, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
Commencing at the southeast corner said Mayhill Road Realty Company
tract, said corner being at the intersection of the west right of way
line of the M K T Railroad with the centerline of Pockrus/Page road,
THENCE N 850 43' 16" W, with the centerline of Pockrus/Page road, a
distance of 753 97 feet,
THENCE N 070 141 09" E, a distance of 317 51 feet,
THENCE N 520 03' 09" E, passing at 35 47 feet the northwest corner of a
tract of land conveyed to the City of Denton by deed recorded in
volume 1814, page 619 RPRDCT, continuing a total distance of 207 00
feet to the northerly corner of said City tract and the POINT OF
BEGINNING,
THENCE S 370 56, 50" E, along the northeasterly boundary line of said
City tract, a distance of 150 00 feet to the southeasterly corner of
said City tract,
THENCE S 520 03, 09" W, along the southeast boundary line of said City
tract a distance of 242 00 feet to the southerly corner of said City
tract,
THENCE 8 370 56, 50" E, a distance of 50 00 feet to a point for a
corner,
THENCE N 520 03, 09" E, a distance of 383 84 feet to a point in the
northeast line of said Mayhxll Road Realty Company tract and the
southwest right of way of said M K T RR for a corner, said point
being the beginning of a curve to the right with a radius of 2914 79
feet,
THENCE Northwesterly, along said lines and with said curve to the
right, through a delta angle of 030 56, 05", an are distance of 200 17
feet, and a chord of N 350 56' 36" W, 200 13 feet to a northeasterly
corner of said Mayhill Road Realty Company tract,
THENCE S 52' 02, 54" W, a distance of 153 84 feet to the POINT OF
BEGINNING, and containing 41,939 18 square feet of land (0 9628
acres), more or less of which 5,383 54 square feet 13.e within an
existing easement for a net of 36,555 54 square feet