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Home My WebLink About1999-015\\OH LOL\VOLI�WeplLLOL\Out OocwnmlAAiJiarcea\98\CopeluW Nmh d ORDINANCE NO / 9-015- AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARY B COPELAND, WIDOW OF H L COPELAND, RELATING TO THE PURCHASE OF 120 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE MOCKINGBIRD STREET AREA, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Mary B Copeland, widow of H L Copeland, 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 120 acres of land for constructing drainage improvements in the Mockingbird Street Area SSECTION II That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1999 JACTl[tLER, ATTEST; JENNIFER WALTERS, CITY SECRETARY c BY Ll I, AP VEDIATO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY /%` c a '4 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY, OF DENTON THIS CONTRACT OF SALE is made by and between Mary B Copeland, widow of H L Copeland (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 consisting of a 120 acre tract of land, more or less, as described in Exhibit "A", 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 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 PURCHASE PRICE Amount of Purchase Price The purchase price for the Property (1 20 acre tract) shall be the sum of Six -Thousand and Five -Hundred and Eighty Four Dollars and Fifty Cents ($6,584 50) 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 Prehmmary 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 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, 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 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 this 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 may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey 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 REPRESENTATIONS AND WARRANTIES OF SELLER 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 There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers Page 2 of 6 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 Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property or any part thereof 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, 300 N Elm, Suite 101, Denton, Texas on or before (which date is herem referred to as the "closing date") CLOSING REQUIREMENTS Seller's Requirements At the closing Seller shall A Deliver to Purchaser a duly executed and acknowledged General 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 Obligations hereof, and 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"), 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 Page 3 of 6 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, The exception as to restrictive covenants shall be endorsed "None of Record", The exception as to hens encumbering the Property shall be endorsed "None of Record" other than those set forth in "Purchaser's Obligations" 4 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 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 Closing Costs Seller shall pay all taxes 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 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 Inl 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 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 Page 4 of 6 specific performance of tlus 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 2 Survival of Covenants Any of the representations, warranties, 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 Notice Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States marl, 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 Tlus 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 tlus 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 Prior Aereements 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 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 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 Page 5 of 6 11. 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 1991 SELLER: BY: / /cG" d 06 &/jn�/ Mary B. Copeland, widow of H.L. Copeland ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: "-1- 2- THE STATE OF TEXAS COUNTY, OF DENTON PURCHASER: THE CITY OF DENTON, IM City YanW 215 . McKinney Denton, Texas 76201 This instrument was acknowledged before me on Q1PJt 4�` ,1998 by Mary B. Copeland, widow of H.L. Copeland. 0000...... 0000 QIg (�{� R 1„ Y Notary Pu icl , in and for the State of Texas o''.'�••;: PAUL H. WIWAMSON M Commission Expires: • •, Notary Publ�, State of To= y P --"�4'1�?e My commission Exp. 01-2&2009 t300000000000000000 I1A1"R Page 6 of 6 EXHIBIT "A" 1 211 ACRES FIELD NOTES to all that certain tract of land situated In the R B Longbottom Survey, Abstract Number 775, In the City and County of Denton, Texas and being a part of that certain tract described in the deed from Larry W Claytor to H L Copeland, recorded in Volume 912 Page 901 of the Deed Records of Denton County, Texas the subject tract being more particularly described as follows, BEGINNING for the Northwest Comer of the tract being described herein at a nail set for the Northwest Corner of said Copeland tract in the apparent West line of sold Survey In Mockingbird Lane, THENCE East with the North line of sold tract a distance of 302 00 feet to a capped iron rod set for the Northeast Corner of the herein described tract, some being the Northwest Corner of a 10 foot drainage easement, described In the easement from Mary B Copeland to the City of Denton, recorded in Volume 2751 Page 676 of the Real Property Records of Denton County, Texas, said corner also being the Northeast corner of a certain drainage easement to the City of Denton, prepared in September of 1998, THENCE South 01 Degrees 28 Minutes 48 Seconds East with the East line of the above mentioned 1998 easement and the West line of the first mentioned easement, a distance of 10 47 feet to a capped Iron rod set for the beginning of a non -tangent curve to the left having a radius of 485 00 feet, THENCE along the arc of said curve and the apparent South line of the 100 foot drainage easement an arc distance of 20153 feet (chord bearing of South 36 Degrees 18 Minutes 25 Seconds West a distance of 200 08 feet) to a capped Iron rod set for the end of sold curve, THENCE South 25 Degrees 34 Minutes 42 Seconds West continuing with said 1998 easement line a distance of 25 04 feet to a capped Iron rod set for the beginning of a curve to the right having a radius of 103 27 feet, THENCE along the arc of said curve an arc distance of 115 90 feet (chord bearing of South 57 Degrees 43 Minutes 45 Seconds West a distance of 109 91 feet) to a capped Iron rod set for the end of said curve, THENCE South 89 Degrees 52 Minutes 48 Seconds West continuing with said easement line a distance of 73 52 feet to a nail set in the West line of said Copeland tract in said Mockingbird Lane, THENCE North 01 Degrees 28 Minutes 48 Seconds Wed with said West line in said Lane a distance of 253 21 feet to the PLACE OF BEGINNING and enclosing 1 211 acres of land These Field Notes with the accompanying sketch were prepared from an on the ground survey made under my direction and supervision on November 26, 1998 There are no visible or apparent intrusions or protrusions except as shown Michael J Kern RPLS No 4158 Date THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE BINDER OR SCHEDULE B | oil 0 |i , «\�- -- -- ----------—�� - - -- 9° 2. , -—' Lm261 0 179 1 A 00-775 - 0 (009 GF# 98-2477s 006711 GENERAL WARRANTY DEED (CASH) THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT THE UNDERSIGNED, MARY B COPELAND, hereinafter referred to as "Grantor", whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00) cash, and other good and valuable consideration in hand paid by the Grantee, herein named, the receipt and sufficiency of which is hereby fully acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY unto CITY OF DENTON, herein referred to as "Grantee", whether one or more, all Grantor's right, title, and interest in and to the real property described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This conveyance, however, is made and accepted subject to any and all validly existing encumbrances, conditions, and restrictions, relating to the hereinabovedescribed property as now reflected by the records of the County Clerk of Denton County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, executors, administrators, successors and/or assigns, to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns, against every person whomsoever claiming or to claim the same or any part thereof. Current and ad valorem taxes on said property having been prorated, the payment thereof is assumed by Grantee. EXECUTED THIS Or� THE STATE OF TEXAS COUNTY OF DENTON of _� � l L t , 1999. MARY B. COPRLAND The foregoing instrument 1999 was . acknowledged before me on the � � of by MARY B. COPELAND. E CAMBREUBLICTEXAS08-08-2000 AFTER RECORDING RETURN TO: CITY OF DENTON 221 N. ELM DENTON, TX 76201 WRIN, FEAR Ir NOTARY PUBLIt, STATE OF TEXAS 1+261 01792 EXHIBIT "A" 1.211 ACRES FIELD NOTES to all that certain tract of land situated in the R.B. Longbottom Survey, Abstract Number 775, in the City and County of Denton, Texas and being a part of that certain tract described in the deed from Larry W. Claytor to H.L. Copeland, recorded in Volume 912 Page 901 of the Deed Records of Denton County, Texas the subject tract being more particularly described as follows; BEGINNING for the Northwest Comer of the tract being described herein at a nail set for the Northwest Corner of said Copeland tract in the apparent West line of said Survey in Mockingbird Lane; THENCE East with the North line of said tract a distance of 302.00 feet to a capped Iron rod set for the Northeast Corner of the herein described tract, some being the Northwest Corner of a 10 foot drainage easement, described in the easement from Mary B. Copeland to the City of Denton, recorded in Volume 2751 Page 676 of the Real Property Records of Denton County, Texas, said corner also being the Northeast corner of a certain drainage easement to the City of Denton, prepared in September of 1998; THENCE South 01 Degrees 28 Minutes 46 Seconds East with the East line of the above mentioned 1998 easement and the West line of the first mentioned easement, a distance of 10.47 feet to a capped iron rod set for the beginning of a non -tangent curve to the left having a radius of 485.00 feet; THENCE along the arc of said curve and the apparent South line of the 100 foot drainage easement an arc distance of 201.53 feet (chord bearing of South 38 Degrees 18 Minutes 25 Seconds West a distance of 200.08 feet) to a capped iron rod set for the end of said curve; THENCE South 25,Degrees 34 Minutes 42 Seconds West continuing with said 1998 easement line a distance of 25.04 feet to a capped Irori4od.9et for the beginning, of a curve to the right having a radius of 103.27 feet; THENCE along the arc of said'curve an arc distance of 115.90 feet (chord bearing of South 57 Degrees 43 Minutes 45 Seconds:W,esta distance of 109.91 feet) to a capped iron rod set for the end of said curve; THENCE South 89 Degrees..52 Minutes 48 Seconds West continuing with said easement line a distance of 73.52 feet to a nail set in the West line of said Copeland tract in said Mockingbird Lane; THENCE North 01 Degrees 28 Minutes 46 Seconds West with said West line in said Lane a distance of 253.21 feet to the PLACE OF BEGINNING and enclosing 1.211 acres of land. These Field Notes with the accompanying sketch were prepared from an on the ground survey made under my direction and supervision on Novembef 25; 1998. There are no visible or apparent intrusions or protrusions except as shown. Michael J. Kern RPLS,No. 4158 Date THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE BINDER OR SCHEDULE B. 4261 01793 1 PM'PRDVIgN7N XIRM WXIDX RIITRIDQ11X1 pp1�i M0018 1Au) AND UNPN(IDiA%DIMINDI PR 901MLIAW, tl�g'AAWDPTIVAN tlIb PM NVI�hN oR DOUH,y OF DBN40N RIDDRD DMM I RYtlH ..NA'Mq INi X.UIMP"'MW �DOIId WY � JAN 2 2 1999 DpUNTY CLE OENTONDOUN V.-rI s Filed for Record in: DENTON COUNTY TX CYNTHIA MITCHkLL, COUNTY CLERK On Jan 22 1999 At 3:23pm Doc/Num : 99-R0006741 Doc/Type : WD Recording: 7.00 Doc/Mgmt : 6.00 Receipt #: 2749 Deputy - SHELLEY