HomeMy WebLinkAbout1999-228oocup�mu
ORDINANCE NO 9
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND EVA ELAINE, INC, RELATING TO THE PURCHASE OF 0 662 ACRES OF
LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 29), 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 Eva Elaine, Inc , 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 0 662 acres of land for the expansion of U S Highway 77 (Parcel 29)
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 �J� t� day of 1999
JAC LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPR ED A TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between EVA ELAINE, INC
(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 1, 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 031,624 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 za 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 ob3ectzon 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 ad3acent 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 Ia 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
AEEOOBFE 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 August 31, 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
8 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
REAL ESTATE
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 sub3ect matter
B 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 —1 day of T(.C(JF— , 1999
SELLER
EVA ELAINE, INC
BY F'j w, PY& '�17 z/1n/.V
VA ELAINE MERRITT
PRESIDENT
PURCHASER
THE CIT DENTON, TEXAS
BY
.14
Michael W Jez
City Manager
215 E McKinney
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
Th s i strument is acknedg� d be for n this 1day of
1999 by nager, of the City
of nto , 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
10
Ivy JENNIFER K WALTERS r
Notnrl Pnbhc 9tntc nf'hzae N ary ubhc in and for
�Y h ly COMMISxlnn P.xpue" the State of Texas
f December 19, 2009
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this 4day of
SGA)f.. , 1999 by Eva Elaine Merritt, President, Eva Elaine,
Incorporation, a Texas 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
corporation
LZA1,
PAUL H MUJAMSON Notary Public in and for
Notary PuW1o, Stab dTe
�WMyrq^�^ ^ 01 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 Q9
Page 1 of 2
Rev November 28, 1994
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO DAVID A COGGIN, TRUSTEE,
(TRACT 1 ) RECORDED IN VOLUME 2614, PAGE 845, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT),
AND BEING SITUATED IN THEN H MEISENHEIMER SURVEY, ABSTRACT NO 810, CITY OF DENTON, DENTON
COUNTY TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING at a found 1/2-inch iron rod for the northwest corner of a tract of lano conveyea to Charlie Melvin
Cunningham and wife, Janis Cunningham, as recorded in Volume 632, Page 217, DRDCT, and the southwest
-orner of a second tract of land conveyed to David A Coggin, Trustee, as recorded in Volume 2814, Page 845,
DRDCT and sold point being on the existing north right of way line of Riney Road,
THENCE N 480 11' 52" E, along the common property line of said Cunningham tract and said Coggin tract two,
a distance of 98 51 feet to a set 5/8-Inch von rod with an aluminum cap, being a point on the new south right
of way line of U S 77,
THENCF S 580 11' 36" E, along the new south right of wav line of U S '7, a distance of 90 15 feet to a set
5/8-inch iron rod with an aluminum cap for the POINT OF BEGINNING, same being a pant on the west line of said
Coggin tract one, and the east line of said Cunningham tract,
(1) THENCE N 480 00- 55" E, along a line common to said Coggin tract one and said Cunningham
tract, a distance of 27 91 feet to a found 5/8-inch iron rod for the northwest corner of said
Coggin tract one and the northeast comer of said Cunningham tract, being on the existing south
right of way line of U S 77,
(2i THENCE S 580 10' 31 " E, along a line common to said Coggin tract one and existing south right
of way line of said U S 77, a distance of 706,60 feet to a found 1/2-inch iron rod for the
northeast corner of said Coggin tract one, same being the northwest corner of a tract of land
conveyed to Roy D Martin, recorded in Volume 416 Page 215, DRDCT,
(3) THENCE S 010 05' 41" W, along a line common to said Coggin tract one and said Martin tract,
a distance of 62 31 feet to a set 5/8-inch iron rod with an aluminum cap, said point being on the
new south right of way line of U S 77,
(4) THENCE N 680 1 1' 36" W, along the new south right of way line of U S 77, a distance of 85 62
feet to a set 5/8-inch iron rod with an aluminum cap being the beginning of a circular curve to the
right having a radius of 2924 79 feet,
(5) THENCE Northwesterly, along the new south right of way line of U S 77 with said curve to the
right through a delta angle of 050 22' 23" an are distance of 274 29 feet, and having a chord
which bears N 660 30' 28" W, a distance of 274 18 feet to a set 5/8-inch iron rod with an
aluminum cap, being a point of tangency,
0 2452 RFV
f#_III=Ii�iGL
County Page 2 of 2
Highway U.ST
Project Limits From I.H. 36 Rev November 28, 1994
To U.S.380
CSJ 0195-02,
Account
FIELD NOTES FOR PARCEL 22
(6) THENCE N 520 49' 14" W, with the new south right of way line of U S 77, a distance of 19 46
feet to a set 5/8-inch iron rod with an aluminum cap, being the beginning a circular curve to the
left having a radius of 2804.79 feet,
(7) THENCE Northwesterly, along the new south right of way line of U S 77 with said curve to the
left, through a delta angle of 050 22' 22", an arc distance of 263 01 feet, and having a chord
which bears N 550 30" 25" W, a distance of 262 92 feet to a set 5/8-inch iron rod with an
aluminum cap,
(8) THENCE N 580 11' 36" W, along the new south right of way line of U S 77, a distance of
104 70 feet to the POINT OF BEGINNING, and containing 0 662 acre, or 28,824 square feet of
land, more or less.
John F Wilder, R P L S
Texas No 4285
�''0� AID ' ,J A �I♦ lI
y
Date
D 2452 REV