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ORDINANCE NO os O�D�o7� (o
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND THE WILLIAM L ABERNATHY CHARITABLE LEAD TRUST,
RELATING TO THE PURCHASE OF 0 0258 ACRES OF LAND FOR THE EXPANSION OF
U S HIGHWAY 77 (PARCEL 62), AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, 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 the William L Abernathy Charitable Lead Trust, in substantially
the form of the Real Estate Contract which is attached hereto and made a part of this ordinance
for all purposes, for the purchase of 0 0258 acres of land for the expansion of U S Highway 77
(Parcel 62)
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 Jjja&zoe _, 2000
&6 kli'e'k—
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY k/l
APP VED 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 between JOHN T. ARCHER,
MICHAEL J. MESSINA, JIM HUND, HARRY THOMAS ABERNATHY, SIDNEY
PEYTON ABERNATHY, TRUSTEE'S FOR THE WILLIAM L. ABERNATHY
CHARIABLE LEAD TRUST (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 May 31, 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 $12,170.00.
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.
1. rol manary 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
AEEOOBFE 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's Comul ance. 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 Dentex Title
Company on or before May 31, 2000, 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").
AEE008FE PAGE 3
CLOSING REQUIREMENTS
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to The City of Denton a duly executed and
acknowledged Deed in the form as attached hereto as
Exhibit ^BO 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.
a. Deliver to Purchaser 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 Reguirements 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
AEE008FE PAGE 4
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 Requirements. 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 CONNISSION
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.
AEE008FE PAGE 5
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.
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 Andy. 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 nound. 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. Bender. Words of any gender used in this Agreement shall
AEE008YE PAGE 6
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 day of 2000.
SELLER
WILLIAM L. ABERNATHY
C IASLE LEAD TRUST
T. CHER, TRUSTEE
MICHAEL J. lESSINA, TRUSTEE
JIN HUND, TRUSTEE
HARRY THONAS ABERNATHY, TRUSTEE
SIDNEY PEYTON ABERNATHY, TRUSTEE
AEE008FE PAGE 7
PURCHASER
T CIrTY OF DENTON,
City% M
21s E.
,-Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
4D#cnr,
tent is acknowledged before me, on this day of_
2000 by Michael W. Jez, City Manager, of the City
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 cape ty therein stated.�
ANN FORSYTHE NoWary Publ c in d for
Notary Public, State of Texas
My Commission Expires the State of Texas
MAY9,2002
STATE OF
COUNTY OF .'&r-tzyl
This instrument is acknowledged before me, on this 191k day of
, 2000 by JOHN T. ARCHER,
8irlgRRIE L CHfyUIST
as M Ion
Deoeembef 27,002 8
STATE OF,
COUNTY OF
This instrument is acknowledged before me, on this day of
, 2000 by MICHAEL J. MESSINA.
Notary Public in and for
the State of
AEE008FE PAGE 8
STATE OF
COUNTY OF
This instrument is acknowledged before me, on this day of
, 2000 by JIM HUM,
Notary Public in and for
the State of
STATE OF_
COUNTY OF
This instrument is acknowledged before me, on this day of
, 2000 by HARRY THOMAS AWMKKHY.
Notary Public in and for
the State of
STATE OF
COUNTY OF
This instrument is acknowledged before me, on this day of
, 2000 by SIDNEY PAYTON ABERNATHY,
Notary Public in and for
the State of
STATE OF
COUNTY OF
This instrument is acknowledged before me, on this day of
2000 by
Notary Public in and for
AEEOOBFE PAGE 9
the State of
STATE OF_
COUNTY OF
This instrument is acknowledged before me, on this day of
, 2000 by
Notary Public in and for
the State of
STATE OF_
COUNTY OF
This instrument is acknowledged before me, on this day of
2000 by
Notary Public in and for
the State of
AEEOO8PE PAGE 10
r"
r
EXHIBIT "A"
County: Denton
Highway: U.S. 77
Project Limits: From
To
CSJ: 0195-02-
Account:
Page: I
D-15-31
Rev. January
Legal Land Description for Parcel ja
of 2,
13, 1995
BEING 1,126 square feet or 0.0258 acres of land, more or less,
situated in the M. Meisenheimer Survey, Abstract Number 811, the
City of Denton, Denton County, Texas, and being a part of Lots 5,
6, 7, and 8 in the J.M. Chandler Subdivision, an addition to the
City of Denton, Texas, as recorded in Volume 144, Page 419, Deed
Records of Denton County, Texas, and being a part of the land
conveyed to William L. Abernathy by deed as recorded in Volume
2361, page 326, Deed Records of Denton County, Texas; said 1,126
square feet or 0.0258 acres of land being more particularly
described by metes and bounds as follows:
COMMENCING at a P.K. Nail and washer found in the most eastern
property line of a tract of land conveyed to Property Development
Associates, a California general partnership, by deed as recorded
in Volume 29260 page 0463, Deed Records of Denton County, Texas,
and being the northwest corner of a tract of land conveyed to Ann
B. Hawkins by deed as recorded in Volume 3207, Page 0421, Deed
Records of Denton County, Texas, and the southwest corner of said
Abernathy tract of land,;
THENCE South 00 degrees 48 minutes 27 seconds West along the common
property line of said Property Development Associates tract of land
and said Hawkins tract of land for a distance of 64.51 feet to the
new northern right of way line of U.S. 380;
THENCE South 89 degrees 14 minutes 37 seconds East along the new
northern right of way line of U.S. 380 for a distance of 111.98
feetito an angle point;
THENCE North 45 degrees 45 minutes 13 seconds East along the new
northern right of way line of U.S. 380 for a distance of 48.33 feet
to the now western right of way line of Locust street;
EXHIBIT "A"
County: De on
Highway: U.S. 77
Project Limits From I H. 35
To U S. 380
CSJ 0195-02-
Account:
Page -Z
D-15-31
Rev. January
Legal Land Description for Parcel 62
of -Z
13, 1995
THENCE North 01 degrees 10 minutes 58 seconds East along the new
western right of way line of Locust Street for a distance of 30 33
feet to an "X" cut in the northern property line of said Hawkins
tract of land and the most southern property line of said Abernathy
tract of land, at the POINT OF BEGINNING,
(1) THENCE North 01 degrees 10 minutes 58 seconds East along the
new western right of way line of Locust Street for a distance
of 315.44 feet to an "x" cut in the existing southern right of
way line of Sherman Street, a public road;
(2) THENCE South 89 degrees 32 minutes 53 seconds East along the
existing southern right of way line of Sherman Street for a
distance of 1.84 feet to the northeast corner of said
Abernathy tract of land, and in the existing western right of
way line of Locust Street,
(3) THENCE South 00 degrees 33 minutes 22 seconds West along the
existing western right of way line of Locust Street for a
distance of 315.45 feet to the southeast corner of Abernathy
tract of land, and the northeast corner of said Hawkins tract
of land;
(4) THENCE North 89 degrees 14 minutes 33 seconds West along the
common property line of said Abernathy tract of land and said
Hawkins tract of land for a distance of 5.29 feet to the POINT
OF BEGINNING, and containing an area of 1,126 square feet or
0 0258 acres of land, more or less
HUGH WILSON KNIGHT
..................n
A_ 4872 _ .
Teaaa Department of Tnneportmion
Foam D-044
Page 1 of 3 Rev 9191
EXHIBIT "B"
THE STATE OF TEW }
}
COUNTY OF }
That,
DEED
KNOW ALL MEN BY THESE PRESENTS:
of the County of , State of Texas, hereuiafter referred to as Grantors, whether
one or more, for and in consideration of the sum of
Dollars ($ ) to Grantors
in hand paid by the State of Texas, acting by wrd through the Texas Transportation Commission, receipt of
which is hereby admowiedged, and for which no Ben is retained, either expressed or implied, have this
day Sold and by these 9=MU do Grant, Bargain, Sell and Convey unto the State of Texas all that cenam
tract or parcel of land is County, Texas, more particularly described in Ex-
hibit "A," which is attached herew and incotporoad herein for any and all purposes.
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining
title to the following improvements located on die property described in said Exhibit "A," to wit:
Grantors covenant and agree to remove the abovedescribed untnovements tram Baia Tana oy me
day of ,19 , subject, however, to such extensions of time astray be granted
by the State in wrrtmg; and if, for any reason, Grantors fail or refttse to remove some within said period of
time presMbed, then, without any finther consideration, the title to all or any part of such unprovements
not so removed shall pass to and vest in the State of Texas forever.
Grantors reserve all of the or1, gas and sulphur in and under the land herein conveyed but waive all rights
of ingress and egress to the stuface thereof for the propose of exploring, developing, mining or drilling for
same; however, nothing in this reservation shall affect the title and rights of the state to take and use all
other ninerols and materials thereon, therein and thereunder.
Texas Department of Transportation
Form D-13.14
Page 2 of 3 Rev 9191
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns
forever, and t1rantors do hereby bind ourselves, our hens, executors, adiauustrators, successors and as-
signs to Warrant and Forever Defend all and singular the said p es herein conveyed unto the State of
Texas and its assigns against every person whomsoever lawfully launing or to claim the same or any part
thereof.
IN WITNESS WHEREOF, this instrument is executed on this the day of
,19
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THE STATE OF TEXAS, ACKNOWLEDGMENT
COUNTY OF
BEFORE ME, the undersigned, a Notary Public, on this day personsUy appeared
known to me (or proved
to me on the oath of , a credible witness,) to be the person(s) whose
mane(s)is (ate) subscnbed to the foregomg itis =6M and admowledged tome that he/sbehbey executed the same for the
purposes and consideration therein expressed,
GIVEN UNDER MY HAND AND SEAL, OF OFFICE, this day of _ , 19_
Notary Puma, State of Tax"
MYoaeapiresonthe day of
,19_
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THE STATE OF TEXAS,
CORPORATE ACKNOWLEDGMENT
�
COUNTY OF
BEFORE MB, the midmdPed, a Notary Public. on this day personatly appeared
Of
!mown to
me to be the person and ufdcar whose tame is aabsedbed to the foregoing histn ment and acknowledged to me that the some
was the act of the said , a corporation, that he/she was
dulY authorized to perform the same by appmptiate resolution of the board of directors of such corporation and that be/she
executed the same as the act of such corporadon feriae pmposes and consideration therem expressed, and in the capacity
therein stated
GIVEN UNDER MY BAND AND SEAL OF OFFICE, dda day of
Notary Pohac, Siam of Texas
,19__
My Commission expires on the — day of 19_
Tees Depnunent of Ti mpo+atim
Fmm 0-13-14
Pegs 3 of 3 Rev 9191
After recording please return this instrument to:
W
A
CERTMCATE OF
THE STATE OF TERAS9
COUNTY OF