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HomeMy WebLinkAbout1999-080ocn WUVOLion.r<aderniaLwuru w< WWinaa.nr =J,00 Hpw.rVa ORDINANCE NO "[ (-? —QoQQ AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOE BRYON PENNINGTON, RELATING TO THE PURCHASE OF 0 008 ACRE OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 51), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, 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 Joe Bryon Pennington, 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 0 008 acre of land for the expansion of U S Highway 77 (Parcel 51) SECTION 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 (221)0� day of1999 TACK64XLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY VED AS TO LEGAL FORM HERBER,T L PROUTY, CITY ATTORNEY BY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between JOE BRYON PENNINGTON (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 April 30, 1999 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 $656 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 Preliminary 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 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 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. AEE008FE PAGE 2 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 April 30, 1999, 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") CLOSING REQUIREMENTS 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 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 following AEE008FE PAGE 3 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 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 sub3ect 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 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 Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds AEE008FE PAGE 4 3. Closing 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 and Seller 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 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 AEE008FE PAGE 5 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 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 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. AEE008FE PAGE 6 DATED this XA day of Z�1999 SELLER STATE OF TEXAS COUNTY OF DENTON PURCHASER THE CITY OF DENTON, TEXAS BY i el W Je City Man a er 215 E Mc <inney Denton, Texas 76201 This instrument is acknowledged before me, on this day of_ 1999 by Michael W Jez, City Manager, of the City ot Denton, 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 purposes and consideration therein expressed, and in the capacity therein stated JENNIFERK WALTERS tary V651 is in and for Notary Public State of Texas he State of Texas lily nnromusron Expvea t, Deoember 19, 2002 STATE OF TEXAS COUNTY OF DENTON T instrument 1999 is acknowledged before me, on this day of by Joe Bryon Pennington d� C�G0O91�000X)'JOOUOOOOOOCerJGOCat> .� .� ROGER N Wit I(INSON d Notary Public State of Texas My Cnmmmion Expir 7,z7-410Z� :000c�cmoao�coc�c,>nooxro(xr�oca;,� N t Public in and for the State of Texas AEE008FE PAGE 7 County Denton Highway U.S. 77 Project Limits From To CSJ' 0195.02- Account EXHIBIT "A" FIELD NOTES FOR PARCEL Fa Page 1 of 1 Rev October 5, 1994 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JOE BRYON PENNINGTON, RECORDED IN VOLUME 974, PAGE 552, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE N.H MEISENHEIMER SURVEY, ABSTRACT NO. 811, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a found 1/2-inch Iron rod being the northwest comer of said Pennington tract and the southwest corner of a 0.280-acre tract of land conveyed to Gibraltar Trust, recorded in Volume 1687, Page 508, DRDCT; THENCE S 880 00' 20" E, along the common property line of said Pennington tract and said Gibraltar Trust tract, a distance of 160.55 feet to a set 5/8-inch iron rod with an aluminum cap, being the POINT OF BEGINNING, same being a point on the new west right of way line of U S 77, (1) THENCE S 880 00' 20" E, along the north line of said Pennington tract, a distance of 5.58 feet to a found 1/2-inch iron rod for the northeast corner of said Pennington tract, same being a point on the existing west right of way line of U.S 77, (2) THENCE S 030 12' 21" W, along a line common to said Pennington tract and existing west right of way line of U S 77, a distance of 59 98 feet to a found 1/2-Inch iron rod, being the southeast corner of said Pennington tract and the northeast corner of a tract of land conveyed to Warren A Searle and wife, Barbara M. Searle, recorded in Volume 789, Page 272, DRDCT, (3) THENCE N 880 25' 18" W, along a line common to said Pennington tract and said Searis tract, a distance of 5 88 feet to a not 5/8-inch iron rod with an aluminum cap, being on the new west right of way line of U.S 77, and said point being in a non -tangent circular curve to the right, having a radius of 11489.18 feet; (4) THENCE northeasterly, along the new west right of way line of U S 77 and said curve to the right, through a delta angle of 000 17' 57', an arc distance of 80 Ot feet, and having a chord which bears N 030 29' 31" E, a distance of 60 01 feet to the POINT OF BEGINNING, and containing 0.008 acre, or 345 square feet of land, more or less i JoSn F Wilder, R P L S Texas No 4285 Date o-u».ary Texas Depmuent of Tnnapormtion EXHIBIT "B" Form D-15-14 Page 1 of 3 Rev 9/91 THE STATE OF TEXAS COUNW OF That, DEED KNOW ALL MEN BY THESE PRESENTS: of the County of , State of Texas, hereinafter 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 and through the Texas Transportation Commission, receipt of which is hereby aclmowledged, and for which no lien is retained, either expressed or anphed, 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 covenant and agree to remove the above -described unprovements from said land by the by the State writ ' 19 , subject, however, to such extensions of tune as may be granted 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 under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose 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 minerals and materials thereon, therein and thereunder Texas Department of Trmspoitation Fern D-15-14 Page 2 of 3 Rev 9/91 TO HAVE AND TO HOLD the premises herem 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 p s herem conveyed unto the State of Texas and its assigns against every person whomsoever lawfully Ieclaurung or to claim the same or any part thereof IN WITNESS WHEREOF, this instrument is executed on this the ,19 day of ##wrr#*rw#wwwwwwwwwrww*#wwwwwww#wwwr#*www*##wwwwwrrwwrrrwwwww##*#wwrr*#w#wrwwr##wrwr THE STATE OF TEXAS, COUNTY OF ACKNOWLEDGMENT 1 -1 BEFORE MB, the undersigned, a Notary Public, on this day pmsoneily appeared known to me (or proved to me on the oath of a credible witness,) to be the person(s) whose name(s) is (are) subscribed to the forgoing hhsmanam ad 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, State of Texas MY Communion expires on the day of 119_ 19_ ########wwww#wr*w**wwww##wwMw##www#Mw**www#wwwwwww#w*#*M############################ CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 COUNTY OF BEFORE MB, the undersigned, a Notary Public, on this day personally appeared Of , known to me to be die pan = and officer whose muse is aubacdbed to the foregoing instrument and acknowledged to me that the same was the act of the said , a corporation, that be/she was duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he/she executed the same as the act of Mach corporation far the ptuposes 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_ Texas Dspagmaat of Musportation Pone D-13-14 Pass 3 of 3 Rev 9191 After recording please return this instrument to: W A CERTIFICATE OF RECORDING THE STATE OF TEXAS9 ) COUNTY OF )