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HomeMy WebLinkAbout2000-3125U ur �[�neme`urNna��MOaNe'a' Rwl B„-Caovxva« ORDINANCE NO WEEN THE CITY OF A ORDINANCE NEW HOPE MISSIONARY LEBAPTISTSTATE CHURCH RELATING TO THE DAND 0 0036 ACRE OF PURCHASE BEING LOCATED IN THE NATHAN WADE SURVEY, ABSTRACT NNO 1407 TITLE OF BOTH DENTB COUNTY, TEXAS FOR THE US HIGHWAY 77 PROJECT, WITH TITL VESTING RAND PROVIDING EX EFFECTIVE DAHoRIZTE THE EXPENDITURE OF FUNDS THERE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS tate tract SEeal Es CTI N I The City Manager is hereby authorized st Church n sto execute a ubstantially the nform between the City of Denton and New Hope Missionary p a part of this ordinance for all of the Real Estate Contract whichapproxiattacmately 038 acred to and e of land and 0 0036 acre of land for the purposes, for the purchase of U S Highway 77 Project, with title vesting in the State of Texas S TION 2 The City Manager is authorized to make the expenditures as set forth in the C' attached Real Estate Contract SECS 3 This ordinance shall become effective immediately upon its passage and approval t p �� PASSED AND APPROVED this the day of 2000 — 1� i%� , EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY App?EDSTO LEGAL FORM HERBERT L PROUTY, C5Y ATTORNEY Im REAL ESTATE CONTRACT STATE OF TEXAS COUNTY 08 DENTON THIS CONTRACT OF SALE is made by and between NEW HOPE MISSIONARY BAPTIST CHURCH (hereinafter fr le municipality, ofSDenton' and CITY OF DENTON, TEXAS, a after referred to as "Purchaser"), Denton County, Texas, (herein upon the terms and conditions set forth herein' PURCHASE AND SALE and agrees to convey, and Purchaser Seller hereby sells for all that hereby purchases and agrees to pay attcertain a with all All lot or parcel ofu=tdescribed enaucespertainingibto it "the said property, rights and app ad interest of Seller in and ° including any right, title s rights-Of-way adjacent streets, alleys or g hereinaftersuch referred too being as arty, rights, and appurtenances 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, reinls for any and/or s rovements reconstruction, labor and mate described in Exhibit "A"• Any located within the property September 29, 2000 shall become improvements not removed by property of the City of Denton, Texas. PURCHASE PRICE 1. AO% of Purchase Price. The purchase price for the Property shall be the sum of $1,068.00. ent y, Pa of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing - PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction diin of each of the following conditions any of which may whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. within twenty (20) days after the date hereof, Seller, at Seller'a sole coat and expense, shall have caused the Title Company (hereinafter defined) to issue oies owners policy commitment (the "Commi oeneasements, rights -Of -way, panied of all recorded documents relating purchaser shall give Seller etc., affecting the Property. tea (10) days after written notice on or before the expiration of Purchaser receives the Commitment that the condition of titleas not satisfactory. In he set forth in the Commitment is or is n event Purchaser states the condition of title is not satisfactory, Seller shall, call seller'soption, mattersto undertake to eliminate or modify reasonable satisfaction of Purchaser. In the event Seller is usable to do so within ten (10) days after receipt of written i notice, this Agreement shall for all thereupon be null and void condition be shall e�eo purposess otherwisee,is thion theretoshallbe deemedto havebeea acceptable and any waived for all purposes. 2. Survey. Purchaser may, at Purchasersole cost and '$ expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. T survey shall be staked on the ground, and shall show the location e s, streets, railroads, of all improvements, highwayEeacso, easements, and rights -Of - creeks, or other water courses, if an , and shall contain the way on or adjacent to the Property,Y surveyor's certification that there are no encroachments rising the Property and shall set forth the number of total acres comp the Property, together with a metes and bounds description thereof. Purchaser will have tea (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 undertake to eliminate or modifynotice of this fact. Seller the at Seller's optioottio a of the survey to the reasonable uaacce�ptable p satisfaction of Purchaser. In the event Seller is unable notice, so within ten (10) days after receipt Agreement shall Purchaser may terminate this Agreement, and the thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. notice s,failure purchaser's acceptance ofithe writtenno deemedtobeshall be PAGE 2 AEE008FE 3, Seller's Comoliance. Seller shall have performed, ob- and served, and complied with all of the covenants, rormrdrobserved, conditions required by this Agreement to be p 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 ons ties shall follws, to®purchaserialso as of thenbe deemed closing date: 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. no 2. Except for the prior actions of Purchaser,there is or pending or threatened condemnation or similar proceeding assessment or suit, affecting title to the Property, or any part Of Seller is any thereof, nor to the best knowledge and belief by any governmen al such proceeding or assessment contemplated 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 ials on or within the Property. Such or hazardous wastes or motor or materials include, but are not toxic or hazardous wastes limited to, hazardous materials or waste A ate (R same , as amended, the Resource Conservation and Recovery and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at theoffice orat o Dentex Title such title Company on or before 8eptembns, Seller and Purchaser may company, time, date, and place mutually agree upon (which date is herein referred to as the "closing date"). PAGE 3 AEB008FE CLOSING RBQVIR'31"'S 1. Seller's Requirements. At the closing Seller shall; f Texas, acting by and through the A. Deliver to State o Coz ►iSsion a duly executed and Texas Transportation acknowledged Deed in o08 and maras attached ketable t t e toe all of P,xhibit 8 conveying g and all liens, the Property, free and clear of any encumbrances, conditions, easements, assessments, and restrictions, except for the following; 1. General real estate taxes sye re not r the year of closing and Subsequent yet due and payabler 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. of Title g. Deliver to purchaser a Texas age'®Policy issued by Dent" Insurance at Purchaser's sole exp Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, Of in Purchaser's favor inthe simple full le�fort the the purchase price, insuring subject only to those State of Texas to the Property title exceptions listed in Cloeiaa Requirements hereof, s as may be approved in writing by such other exceptionstandard printed exceptions Purchaser, and the contained st of Texas Owner's Policy of Title in the usual form 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 Purchasers 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; PAGE 4 AEE008FE 3, The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and q. 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. y, Purchaser's Recauirements. Purchaser shall pay the enced is the opurchase action of consideration as refer this contract at Closing in immediatelyvailable pay assessed by 3, Closino Costa. seller ri o gh the all date of sClosing. All any tax collection authority the sale and other costs and expenses of closing purchase of the Property not specifically consummating ally allocated herein shall or Seller's attorney fees. be paid by Purchaser, except E REAL ESTATE COMKISSION All obligations of the Seller and itteneagreeme payment of brokers' tees are contained in separate BREACH BY SELLER In the event Seller shall fail to flly and timely perform u fail to u=te the any of its obligations ® aept Pur hasera sl default, ePurahaa®ry sale of the property fthis Agreement either enforce specific pit rmanceten edeli eyed tooller. terminate this Agreement by BREACH SY PIIRCHASER te the In the event Purchaser aditions to i Purchaser'l to s sobligations Purchase of the Property, been satisfied and forth in PURCHASER'S OBLIGATIONS having enforce specific Purchaser being in default Seller may performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. PAGE 5 AEE008FE MISCELLANEOUS 1. A_psignment 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 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 toi 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. 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. words of any gender used in this Agreement shall AEE008FE 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 Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this A day of 2000. SELLER NEW HOPE MISSIONARY BAPTIST CHURCH BY: LARRY(*RY8 AEE008FE PAGE 7 PURCHASER THE CITY OF DENTON, TEXAS BY a v Mici el W J a City Man ger 215 E. McKinney Denton, Texas 76201 ^r}dr©V)T)FMI STATE OF TEXAS COUNTY OF DENTON Thost ument is acknowledged before me, on this � day of_ f, y,2000 by Michael W. Jez, City Manager, ofthe City 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 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 rposes and consideration therein expressed, and in the capaci therei stated Ad � ANN FOR8YTHE No ary, p is and for No Puplle, State of Texas MytkmAIDeleah NI the State of Texas ;F MAY 2, 2002 [- - - - - — STATE OF TEXAS COUNTY 08 DENTON this day of Th s # jetrument , 2000is bykLaarrydgedFrye,,;wre4 oftno n�/% 9A car�,o Wr efore me, � s I.II I. I.Vaon....V11.1111.1I11.I: No public in and for the State of Texas AEE008FE PAGE 8 County Denton Highway S &-U From l,H. 35 project Limits To UA%-= CSJ MUM - Account EXHIBIT "A' FIELD NOTES FOR PARCEL - P Page 1 of 1 Rev June 30, 1994 IN A CALLED 239.388-ACRE PARCEL OF LAND CONVEYED TO TI 2398 BEING A PARCEL OF LAND SITUATED GE 21, DEED RECORDS DENTON COUNTY, TEXAS (DRDCT), JOINT VENTURE RECORDED IN VOLUME 2432, PA AND BEING SITUATED IN THE NATHAN WADE COUNTY, TEXAS, AND BEING MORE PARTICULARVEY, ABSTRACT NO 1407, LY DESCRIBED AS FOLLOWS CITY OF DENTON, DENTON COMMENCING for reference ate found 1/2-inch iron rod for a point on the south right of way line of Loop 286, samerecordedingam t on the north prop a 890erty e of a 23 877 acre parcel (Tract 1) conveyed to Hdlwood Land/Denton Ltd IronEN dEw istance 3 an aluminum, capn bang a th rightnt on the new south of way of Loopright288, ofdway Inteoof U S go 377®t to a w 5!8-inch 45 feet to a set THENCE S 58° 11' 38" E, along the new south right of way brie of U S 77, a distance ti323 2the south Property 5/8-inch iron rod with an aluminum cap, being the POINT F said being a Po ING line of said Hdlwood Tract 1, and the north property d `ante It 1 THENCE N 010 08' 07" E, with the line common to said TI tract and Hillwood Tract i, a iof 23 65 feet to a found 1/2-inch iron rod s f the the northeast comer of said HOlwood Tract 1 r northwest and being in the existing south right of way I ne' of U.S 77, ct and the g south (2) ht Of Way 11 eEof U S 577, a6distance of 136 67 feet Ito set 5/8-Inchine of said TI iron ron rod with 'anngalum aluminum cap the new south right of way line of U S 77, (3) THENCE N 690 48' 18" W, with the new south right of way ling of U S 77, a distance of 100 00 feet to a set 5/8-inch iron rod with an aluminum cap, right of way stance (4) of 26 55 feet to the POINT OFIBEG BEGINNING and containuing with the new ning 0 38 acre' or 1,655 square feet of land, more or less �_ G <:J John F Wilder, R P L S Texas No 4285 .,oa,. F �ISTgj... - /r q.`fee..*, ...a....i..• JOHN F WILDER 4285 SIX Date o-ve7 MN on Page 1 of 2 County Den Rev March 31, 2000 Highway U S 77 Project Limits From I H 30 To U S 380 CSJ 0195-02 Acct Legal Land Description for Parcel 9 Part 2 BEING 130 square feet of land, more or less, situated in the Nathan Wade Survey, Abstract Number 1407, Denton County, Texas and being part of a tract of land conveyed to T I 239 B Joint Venture by deed as recorded in Volume 2432 Page 21, Deed Records, Denton County, Texas, said 130 square feet of land being more particularly described by the metes and bounds as follows CING at a fence comer post being in a south ine of said of a tract of d described to JohhnLinn Srmth and wife, Dorothy Smith, l an undividedforty forty-four (44%1),n and to Dillon Francis Smith and wife, Earla Joyce Smith, an undivided fifty-six percent (56%), by a Substitute Trustees Deed as recorded in Volume 3071 Page 89, Deed Records, Denton County, Texas and in the west prescriptive right of way line of Bonnie Brae Road, THENCE South 88 degrees 49 minutes 10 seconds East along a south line of said Smith tract of land for a distance of 34 33 feet to an ell corner of said South tract of land and in the west line of a tract of land conveyed to Electronic Data Systems Corporation Retirement Plan and Trust by deed as recorded in Volume 1681 Page 867, Deed Records, Denton County, Texas in Bonnie Brae Road, THENCE North 00 degrees 54 minutes 02 seconds East along the common line of said Smith tract of land and said Electronic Data Systems tract of land and in Bonnie Brae Road for a distance of 1,902 57 feet to an iron rod found at the northeast corner of said Smith tract of land, THENCE North 88 degrees 36 minutes 24 seconds West along the northern line of said Smith tract of land for a distance of 33 04 feet to a fence comer found at the southeast corner of said T I tract of land and being the POINT OF BEGINNING, (1) THENCE North 88 degrees 36 minutes 24 seconds West along the common property line of said T I tract of land and said Smith tract of land for a distance of 10 44 feet to an iron rod with aluminum cap set in the new western right of way line of Bonnie Brae Road, (2) THENCE North 02 degrees 59 minutes 21 seconds West along the new western right of way line of Bonnie Brae Road for a distance of 24 95 feet to an iron rod with aluminum cap set in the eastern property line of said T I tract of land, EXHIBIT "A" County Denton Page 2 of 2 Highway U S 77 Rev March 31, 2000 Project Limits From I H 30 To U S 380 CSJ 0195-02 Acct Legal Land Description for Parcel 9 Part 2 (3) THENCE South 25 degrees 00 mmutes 23 seconds East along the eastern property line of said T I tract of land for a distance of 27 77 feet to the POINT OF BEGINNING and containing 130 square feet of land, more or less All bearings are on the Texas State Plane Coordinate System, North Central Zone, N A D 27 EXHIBIT "B" Tem6 Depemnent of Tnaepott"oa pone D,15-14 Pege 1 of 3 Rev 9/91 DEED THE STATE OF TEXAS ) SOW ALL MEN BY THESE PRESENTS: COUNTY OF That, of the County of , State of Texas, heremafter referred to as Grantors, whether Dollars ($ ) to Grantors one or more, for and n consideration of the sum of ortauon Comm>sslon, receipt of th State of Texas, acting b and through the Texas Transp n hand pall by d, and for whr�ch no lien is retained, either expressed or u have this which 1s hereby acknowledge g ain Sell and Convey unto the to s all all that certain dy idescribed County, Texas, more p described in Ex - day Sold and by these ppresents do Grant, erg and purposes tract or parcel of land in �� for any hrbu A, which rs attached lures° and mc°rp°rated ed that Grantors are retammg SAVE and EXCEPT, HOWEVE& 1t la expreaslY understood and afire rt„A, ++ to wit: title to the followi ng irrtprovetnents located on the PmP01t3' described in said Exhtb rovements from suu uu+u W y be ranted Grantors covenant and agree to remove the above -described imp day of 19 , subject, how � to s�$exo removem seine rthm said period of and g, for any reason, Grano art of such improvements by the State m writing; further consideration, the title to all or any P tune prescnbed, then, without any not so removed shall pass to and vest in the State of Texas forever. Grantors reserve all of the oil, ve all rights gas and sulphur in and under the land herein conveyed but waror drilling for of ingress and a ss to the surface thereof for the of exploring, developing, routung sane; however, r ess to h this reservation shall ect the title and nghts of the State to take and use all other minerals at}d materials thereon, therein and thereunder Texas Department of Transportation Form D-13-14 Pap 2 of 3 Rev 9/91 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 Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and as- signs to Warrant and Forever Defend all and singular the said premises or toclaim he conveyed unto o State r any P of Texas and its assigns against every person whomsoever lawfully claimingart thereof IN WITNESS WHEREOF, this instrument is executed on this the ,19 day of MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM ACKNOWLEDGMENT THE STATE OF TEXAS, 1 COUNTY OF 1 BEFORE ME, the undersigned, a Notary Public, on this day personally appeared known to me (or proved to me on the oath of , a credible witness,) to be the person(s) whose name(,) is (are) Subscribed to the foregoing msnmuent and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of Notary Public, Stets of Texas , 19_ My Conumemon expbw on toe day of 119_ THE STATE OF TEXAS, COUNTY OF CORPORATE 1 ACKNOWLEDGMENT BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Of ,known to me to be the person alai officer whose came is Subscribed the foregoing instrument and acknowledged to me that the same a corporation, that he/she was was the act of the said duly authorized to perform the same by appropriate resolution of die board of directors of such corporation and that he/she executed the same as the act of such corporation for the purposes and catsidemdon therein expreesed, and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 19 Notary Poblic, Stets of Texas My Commission expires on the day of 19_ Tessa Depa meet of ThnspoRuion Form D-1l-14 Page 3 of 3 Rev 9191 After recording please return this instrument to: ti w o :Co"; u z d �i' o ICI Io�l� CERTIFICATE OF RECORDING THE STATE OF TEXAS9 ) COUNTY OF