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HomeMy WebLinkAbout1999-229ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON, AND JOSEPH E KECK AND BARBARA KECK, RELATING TO THE PURCHASE OF 0 005 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 43), 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 Joseph E Keck and Barbara Keck, 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 0 005 acres of land for the expansion of U S Highway 77 (Parcel 43) S,jjCTION 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 i��c day of 1999 JAC LER, MAYOR ATTEST' JENNIFER WALTERS, CITY SECRETARY BY l/l�J AP OVED LS 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 JOSEPH E KECK AND BARBARA KECK (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 ad3acent 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 sub3ect 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 October 31, 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 $1,650 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 sub3ect 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 skull 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 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'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 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 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 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 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 AFE008FE 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 Sound 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 SELLER '. iFAA.--. • IN! 010,117A Way day of _��Al�, 1999 THE CITY DENTON, TEXAS BY Michael w Jez City Manager 215 E McKinney Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON � Th atrument is ackn� 3��ppfor on this day of_ 1999 by F�11 =agar, of the City of 4ntcPp, a municipal corporation, known to me to be the person and officer whose name me 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 ca acity therein a ated R JENNIFER K WAIVERSrStla ublic in and for Nornry rnblrc stare of Texas a ofTexas t fly rrimmeernn Expires December 19, 2002 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this 1494L day of Nh-G 1999 by Joseph E Keck and Barbara Keck aoGeP N wn „ I Not Public in and for Notary Public bt 1, of „°as GOMMIS'On [xPi cs7-ZI-441— the State o£ Texas AEEOOBFE PAGE 7 EXHIBIT "A" County Denton Page 1 of 1 Highway U Project Limits From I.H. 35 Rev October 6, 1994 To U.S.380 CSJ 0195.02_ Account; FIELD NOTES FOR PARCEL Aa BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JOSEPH E. KECK AND WIFE, BARBARA KECK, RECORDED IN VOLUME 1154, PAGE 626, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), BEING SITUATED IN THE N.H MEISENHEIMER SURVEY, ABSTRACT NO 811, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS - COMMENCING for reference at a found axle for the southwest corner of said Keck tract, THENCE N 020 22' 42" E, along the west line of said Keck tract, a distance of 120 00 feet to a point for the northwest corner of said Keck tract, same being a point on the east right of way line of Bolivar Street and the south right of way line of Orr Street, THENCE S 860 59' 31 " E, along the north property line of said Keck tract and the south right of way line of Orr Street, a distance of 299.13 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 69' 31" E, along a line common to said Keck tract and south right of way line of Orr Street, a distance of 21.72 feet to the northeast corner of said Keck tract, same being a point on the existing west right of way line of U.S 77, (2) THENCE S 000 05' 51 " W, along a line common to said Keck tract and existing west right of way line of U.S. 77, a distance of 19.68 feet to a set "X" cut in concrete, same being a point on the new west right of way line of U.S 77, (3) THENCE N 460 07' 33" W, along the new west right of way line of U S. 77, a distance of 30.05 feet to the POINT OF BEGINNING, and containing 0 005 acre, or 214 square feet of land, more or less C 2-Z J hn F Wilder, Texas No 4285 ,•r �7��•;: {+ lz� !cam `� ¢ 111!V .........i•q Date .....; WILDER � 4285 •....�. o., sn_ D-2466 REV