HomeMy WebLinkAbout2000-313$WurOttwuaYeWAlnmwulOPGillry kal U0. C W'E
ORDINANCE NO A000- SL
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND BARBARA L GAILEY RELATING TO THE PURCHASE OF
APPROXIMATELY 0 101 ACRE OF LAND BEING LOCATED IN THE N H
MEISENHEIMER SURVEY, ABSTRACT NO 810 OF DENTON COUNTY, TEXAS FOR
THE US HIGHWAY LE VESTING IN THE STATE OF TEXAS,
7AUTHORIZING THEEXPEPROJECT, NDITURE OF TFUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
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 Barbara L Gailey 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 0 101 acre 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 in the
attached Real Estate Contract
SECTION 3 This ordinance shall become effective immediately upon its passage and
approval
,
PASSED AND APPROVED this the day of (�J�olnb 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APP VED AS TO LEGAL
HERBERT L P jJ3,i�JTY, CIT ATTORNEY
M.
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between BARBARA BAILEY
(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 29, 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 $3,345.00. Additional consideration
of $2,500.00 shall be paid for the installation of a circular
drive to be constructed at the Seller's discretion on the
Seller's remaining tract. The total Purchase Price shall be
$5,845.00.
2. Payment of Purchase Price. The full amount of the
Purchase Price shall be payable in cash at the closing.
PVRCHASSR'S OBLIQATIONS
The obligations of Purchaser hereunder to consummate the
transactions contemplated hereby are subj which may to the satisfactibe waivedin
of each of the following conditions any
Of whole or in part by Purchaser at or prior to the closing.
i� a m+tie Revort. within twenty (20) days after
I. P e m aa+`v
the date hereof, Seller, at Seller's sole Cost and expense, shall
have caused the Title Company (hereinafter defined) to i pies
owners policy COMM (the "Commitment) accompanied by
of all recorded documents relating Purchaser to easements, shall io
give sailor
etcP
., affecting the Property. expiration of ten (10) days after
written notice on or before the
Purchaser receives the Commitment that the condition of title
the as
set forth in the Commitment is or is not satisfactory.
In ion of title not
event Purchaser states the Condit
satisfactory, Seller shall, at Seller's option, prromptly
undertake to eliminate or modify all unacceptable matters to the
er is
reasonable satisfaction of Purchaser s after in hreceipt ofe event e written
unable to do so within ten (10) days a
notice, this Agreement shall thereupon be null and void for all
purposeeothcondition shall deemedo
be
acceptable and any objection thereto shallbe deemeoavebeen
waived for all purposes.
2.gUgM. Purchaser may, at Purchaser's sole coat and
expense, obtain a current survey of the Property, prepared by a
haaer. The
duly licensed Texas land surveyor acceptablend oshow h e location
Purc
survey shall be staked on the go
of all improvements, highways, streets, roads, railroads, rivers,
creeks, or other water courses, fencesa , easements,
andcoataia the
way on or adjacent to the Property, if Y
Property andeshallasetofor h the numberare
ofotot 1 acres encroachments
Property together with a metes and bounds description
the property,
thereof.
Purchaser will have ten (10) days Ia ter rthe eceipt Of the the survey
is
to review and approve the survey.
unacceptable, then Purchaser shall within the ten (10) day
period, give Seller vromptela undertake toof ieliminate ors lmodifyathe
at Seller option,portions
of the survey to the reasonable
unacceptabll e
PAGE 2
AEE008FE
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.
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 beat 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.
AEE008FE PAGE 3
The closing
Company on or
company, time,
mutually agree
"closing date").
CLOSING
shall be held at the office of Dentex Title
before September 29, 2000, or at such title
date, and place as Seller and Purchaser may
upon (which date is herein referred to as the
CLOSING RBQUIRBNSNTS
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
acknowledged Deed in the form as attached hereto as
8xhibit "Bp 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 -
oft 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 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:
AEE008FE PAGE 4
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".
C. Deliver to Purchaser possession of the Property on
the day of closing.
2. Purrchaser's Raguixoments. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in immediately available funds.
3, Clos .+ Costs. Seiler 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, except for Seller's attorney fees.
RM ESTATB CONMISSION
All obligations of the Seller and Purchaser for payment of
brokers' fees are contained in separate written agreements.
SRBACH BY SZLLZR
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.
AEE008FE PAGE 5
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-
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 AWly. 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. &eegal 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.
AEE008FE PAGE 6
7. Prior Agreements Suvbrseded. 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. Ganda . 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.
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.
SELLER
DATED this 0011% day of Ay&c4ST , 2000.
r,PPROVED AS TO FORM:
CITY ATTORNEY,
CITY OF OWU, TEYA
;Y•
AEE008FE / / PAGE 7
THE CITY OF DENTON, TEXAS
B
Mic el s
Cit Manager
215 E. McKinney
Denton, Texas 76201
STATE OH',TEXAS
COUNTY OF DENTON
T ina
t ie aoknowledged before me, on this-L day of_2000 by Michael W. Jez, City Manager, of the City
o De unicipal 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 p Dees and consideration
therein expressed, and in the capacit herein tated.
am
RSYTHENo ry Publ c in a for
a,&tateOiTeesthe State of Texas
lalon Expina9,2002
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this � day of
i9U ?", 2000 by BARBARA QAILEY.
,Q ' rAsx..--
Notary Public in and for
the State of Texas
AEE008FE PAGE 8
EXHIBIT "A"
County Denton
Highway U.S. 77
Project Limns.
From I•H.35
To U.S.380
CSJ 0195-02
Account. ------+_
FIELD NOTES FOR PARCEL 12
Page 1 of 1
Rev. October 27, 1994
BEING A PARCEL OF LAND SITUATED IN A CALLED 0 336-ACRE TRACT CONVEYED TO DENNIS MICHAEL
BAKER AND WIFE, BECKY ANN DE LA HOUSSAYE BAKER, RECORDED IN VOLUME 890, PAGE 526, DEED
RECORDS OF DENTON COUNTY, TEXAS (DRDCTI, AND BEING SITUATED IN THE N.H. MEISENHEIMER SURVEY,
ABSTRACT NO. 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 1/2-inch Iron rod, same being a point on the east line of said Baker tract
and being the northwest corner of a tract of land conveyed to W.H. Bottoms, recorded in Volume 409, Page 582,
DRDCT,
THENCE S 320 04' 09" W, along a line common to said Baker tract and said Bottoms tract, a distance of 133 15
feet to a set 5/8-Inch iron rod with an aluminum cap, being the POINT OF BEGINNING and also being a point on
the new north right of way line of U S 77;
(1) THENCE S 320 04' 09" W, along the said common line, passing at 30 78 feet a found 1/2-Inch
iron rod, In all a distance of 60.76 feet to a point, being the southwest corner of said Baker tract,
and said point being on the existing north right of way line of U.S. 77;
12) THENCE N 570 59' 17" W, along a line common to said Baker tract and the existing north right
of way line of U.S. 77, a distance of 73.21 feet to a point, being the southwest corner of said
Baker tract, and the southeast corner of a 0 520-acre tract of land conveyed to Reza Satin,
recorded in Volume 1700, Page 848, DRDCT,
(3) THENCE N 330 15' 50" E, along a line common to said Baker tract and said Sabri tract, passing
at 30 01 feet a found 1/2-inch Iron rod, in all a distance of 60 52 feet to a set 5/8-inch iron rod
with an aluminum cap also being a point on the new north right of way line of U.S. 77,
(4) THENCE S 680 11' 36" E, along the new north right of way line of U S 77, a distance of 71 95
feet to the POINT OF BEGINNING, and containing 0 101 acre, or 4,400 square feet of land, more
or less, of which 2,187 square feet are in a prescriptive right of way of U S 77
John F Wilder, R P.L.S
Texas No 4285
Date
0-8"S v
Texas Department of Transportation EXHIBIT "B"
Fort D-15-14
Page 1 of 3 Rev 9/91
DEED
THE STATE OF TEXAS
COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS:
That,
of the County of , State of Texas, hereinafter referred to as Grantors, whether
one or more, for and in consideration of the stun of
Dollars ($ ) to Grantors
in hand paid by, the State of Texas, acting by and through the Texas Transportation Commission, receipt of
which is hereby acknowledged, and for which no hen is retained, either expressed or implied, have this
day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain
tract or parcel of land in County, Texas, more particularly described in Ex-
hibit "A," which is attached hereto and incorporated 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 the property described in said Exhibit "A," to wit
Grantors coven{ttit and agree to remove the above -described improvements from said land by the
day of , 19 , subject, however, to such extensions of time as may be granted
by the State in writing, and if, for any reason, Grantors fail or refuse to remove same within said period of
tune prescribed,' then, without any further 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 oil, gas and sulphur in and tinder the land herein conveyed but waive all rights '
of ingress and egress to the surface thereof for the purpose of exploring, developing, muting or drilling for
same, however, inothing in this reservation shall affect the title and rights of the State to take and use all
other minerals and materials thereon, therein and thereunder
Texas Department of Transportation
Form D-15-14
Page 2 of 3 Rev 9/91
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the ng{its and appurtenances thereto in any wise belonging unto the State of Texas and its assigns
forever, and G tors do hereby bind ourselves, our heirs, executors, administrators, successors and as-
signs to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of
Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part
thereof
IN WITNESS WHEREOF, this instrument is executed on this the
,19
day of
############**#M**M**MMM*M*MMMMMMM***M****MM*M****M#*#M###############M##*M#########
THE STATE OF TEXAS,
COUNTY OF
ACKNOWLEDGMENT
I
�1
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
, known to me (or proved
to me on the o4 of a credible witness,) to be the person(s) whose
name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the
purposes and consideration therein expressed
GIVEN UNDER MY BAND AND SEAL OF OFFICE, this day of
Notary Public, State of Texas
My Comnussion expma on the day of
CORPORATE ACKNOWLEDGMENT
THE STATE
COUNTY OF OF TEXAS,
19_
, 19_
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
Of , known to
me to be the person and officer whose name is subwnbed to the foregoing instrument and acknowledged to me that the same
was the act of the said , a corporation, that he/she was
duly authorized to perform the same by appmprtate resolution of the board of directors of such corporation and that be/she
executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity
therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
Notary Public, state of Texas
, 19_
My Commission expires on the — day of 19_
Twms Depattineot of Transportation
Ponn V-15-14
Page 3 of 3 Revs 9/91
After recording please return this instrument to.
W
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CERTIFICATE OF RECORDING
THE STATE OF TEXAS9 I
COUNTY OF 1
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