HomeMy WebLinkAbout1999-230ORDINANCE NO
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND EVA ELAINE, INC, RELATING TO THE PURCHASE OF
0 318 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL
26), 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 0 318 acres of land for the expansion of U S Highway 77 (Parcel
26)
SECTION 11 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 /
/1 PASSED AND APPROVED this the L day of
1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
n1A
:) AS TO LEGAL FORM
L PROUTY, CITY ATTORNEY
K MILLER, MAYOR
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 $15,880 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 oomplied 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
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
CLOSING
The closing shall be held at the office of Dentex Title
Company on or before August 31, 1999, or at such title company,
tune, 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 CITY OF DENTON, TEXAS, a MUNICIPAL
CORPORATION, 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
AEEOO8FE 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 conaummating 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
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser 'a 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
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
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 4q4L- day of 'T4A)E: , 1999
SELLER PURCHASER
EVA ELAINE, INC THE C DE N, TEXAS
BY/ BY
EVA ELAINE MERRITT Mic ael W Jez
PRESIDENT City Manager
215 E McKinney
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
T s nstrument is acknow edged be£o� on this day of
_ � , 1999 by Mi Ri. Manager, of the City
of ent n, 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 ca aC3.ty ther in tated
I)Aftkk in
="...JENNIFERLTERS to Public ex and for
f Texas a State Of T9Xa8
xpires
2002
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this day of
C1N , 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
�—
(NQ1,;,VMyCMMk*nE*
�1e. PAUL H V W AMSON
*) = N*Wrjftro,$Wg0jUW Notar Public in and for
014sm the State of Texas
AEE008FE PAGE 7
EXHIBIT "A"
BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE
N. H. MEISENHEIMER SURVEY ABSTRACT NUMBER 810, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS, BEING A PART OF THAT CERTAIN TRACT OF
LAND CONVEYED BY DEED FROM ANA PENA TO DAVID A COGGIN, TRUSTEE,
RECORDED IN VOLUME 2614, PAGE 84S, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS POLLOWS;
BEGINNING AT AN IRON ROD SET FOR CORNER IN THE SOUTH LINE OF STATE
HIGHWAY NUMBER 77, A PUBLIC ROADWAY, AND IN THE EAST LINE OF RINEY
ROAD, A PUBLIC ROADWAY;
THENCE SOUTH S9 DEGREES 19 MINUTES 30 SECONDS EAST 227 97 FEET WITH
SAID SOUTH LINE OF SAID HIGHWAY NUMBER 77 TO AN IRON ROD FOUND FOR
CORNER, SAID POINT BEING THE NORTHWEST CORNER OF THAT CERTAIN TRACT
OF LAND CONVEYED BY DEED FROM ROBERT J MOON TO CHARUS MELVIN
CUNNINGHAM, RECORDED ON OCTOBER 27, 1971. DEED RECORDS, DENTON
COUNTY, TEXAS;
THENCE SOUTH 47 DEGREES 06 MINUTES 24 SECONDS WEST, 126 74 FEET
WITH THE NORTH LINE OF SAID CUNNINGHAM TRACT TO AN IRON ROD FOUND
FOR CORNER IN SAID EAST LINE OF SAID RINEY ROAD;
THENCE NORTH 27 DEGREES 00 MINUTES 00 SECONDS WEST, 227.35 FEET
WITH SAID EAST LINE OF SAID RINEY ROAD TO THE PLACE OF BEGINNING
AND CONTAINING 0 316 ACRE OF LAND, MORE OR LESS
EXHIBIT "B"
WARRANTY DEED
Date
Grantor EVA ELAINE, INC
Grantee City of Denton
Grantee's Mailing Address (including county)
City of Denton
221 North Elm Street
Denton, Texas 76201
Denton, County
Consideration.
FIFTEEN THOUSAND, EIGHT HUNDRED, EIGHTY DOLLARS AND NO/100
($15,880 00) and other good and valuable consideration
Property (including any improvements)
All those certain tracts of land being situated in the N H
Meisenheimer Survey, Abstract No 810, Denton County, Texas and
being more particularly described in "EXHIBIT All attached hereto
and by this reference being made a part hereof for all purposes
Reservations From and Exceptions to Conveyance and Warranty
Easements, rights -of -way, and prescriptive rights, whether of
record or not, all presently recorded instruments, other than
liens and conveyances, that affect the property
GRANTOR , for the consideration, receipt of which is hereby
acknowledged, and sub3ect to the reservations from and exceptions
to conveyance and warranty, grants, sells and conveys to Grantee
the property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and to hold
it to GRANTEE, GRANTEE'S heirs, executor, administrators,
successors or assigns forever GRANTOR binds GRANTOR and
GRANTOR'S heirs, executors, administrators and successors to
Deed -1
warrant and forever defend all and singular the property to
GRANTEE and GRANTER'S heirs, executors, administrators, successors
and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty.
when the context requires, singular nouns and pronouns
include the plural.
EVA BLAINE, INC.
BY:
EVA ELAINE MERRITT
P.O.BOX 12
PONDER, Texas 76259
STATE 08 TEXAS 5
COUNTY 08 DENTON 8
This instrument was acknowledged before me on this day
of , 1998 by EVA BLAINE M'ERRITT, of EVA ELAINE, INC., 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.
Notary Public, in and for
the State of Texas
My Commission Expires: _
Deed-2