1999-267AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND ETTA JEAN HENSLEY, RELATING TO THE PURCHASE OF 0 430
ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 33G),
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 That the City Manager is hereby authorized to execute a Real Estate
Contract between the City and Etta Jean Hensley, m substantially the form of the Real Estate
Contract which is attached to and made a part of th~s ordinance for all purposes, for the purchase
of 0 430 acres of land for the expansion ofU S Highway 77 (Parcel 33G)
SECTION 2 That the C~ty Manager is authorized to make the expenditures as set forth
in the attached Real Estate Contract
SECTION 3 That this ordinance shall become effective immediately upon ~ts passage
and approval
PASSED AND APPROVED thls the ~/day of ~~"- ,1999
J,~I~[ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTXACT OF SALE is made by and between ETTA J~AN
HENSLEY (hereinafter referred to as "Seller") and CITY OF DENTON,
TEXAS, & 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 end upon and subject to the terms, provisions,
and conditions hereinafter set forth. Seller shall pay ell 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 Sept-m~er 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 scm of $23,029.00.
2. Pa?ment of Purchase Price. The full amount of the
Purchase Price shall be payable in cash at the closing.
PURCHASERtS 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 comitment (the ,Co~mitment,,) 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 C~---~tment that the condition of title as
set forth in the Co~mitment 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
purposesp 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 improvuments, 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 shell,
at Seller's option, prumptly 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.
AEE008FE PAGE 2
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 co~plied with by Seller prior to or as of the closing.
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 az 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 emended,
and the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA), as emended.
CLOSING
The closing shall be held at the office of Dentax Title
Company on or before Septe~nber 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").
AEE008FE PAGE 3
CLOBZNG RBQUZRBMENTS
1. Seller's Reauirements. At the closing Seller shall~
A. Deliver to State o£ Texas, acting by and through the
Texas Transportation Commission a duly executed and
acknowledged Deed and Drainage Easement Documents in the
£orms as attached hereto as Exhibit ~B" conveying good
and marketable title to all o£ the Property, £ree and
clear o£ any and all liens, enc,,m~rances, conditions,
easements, assessments, and restrictions, except for the
£ollowing~
1. General real estate taxes for the
year of closing and subsequent years not
yet due and payablel
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obliaations here-
o£1 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 Dentax
Title Con, any, 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 Closina Reauirements 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, howevers
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall he borne by Purchaser~
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record"~
AEE008FE PAGE 4
3. The exception for taxes shall be
limited to the year of closing and shall
be endorsed SNot 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. Purohaser,s Reauirements. Purchaser shall pay the
consideration as referenced im the "Purchase Price" section of
this contract at Closing in imediately &vailable funds.
3. ~. Seller shall pay all taxes assessed by
an7 tax collection authority through the date of Closing. All
other costs and expenses of c]osing in constmmmting the sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser
R~AL ESTATE COMMISSION
All obligations of the Seller and Purchaser for payment of
brokers' fees are contained in separate written agreements.
EREAC~I BY SELLER
In the event Seller shall fail to fully and timely perform
any of its obligations hereunder or shall f&il to cons,,-w, mte the
sale of the Property except Purchaser's default, Purchaser may
either enforce specific performance of this Agreement or
terminate this Agreement b~written notice delivered to seller.
BREACH BY PURCHASER
In the event Purchaser should fail to conel,--e%te the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied end
Purchaser being in default Seller may either enforce speci£ic
perforatanoe o£ this Agreement, or terminate this Agreement by
written notice delivered to purchaser.
AEE008FE PAGE 5
MISCELLANEOUS
1. Assl~mment of Aareement. 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 end benefits of the parties, pertaining to a period of
time £ollowing 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 si~nature of the party.
4. Texas Law to ADDIv. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
ell obligations of the parties created hereunder are performable
in Denton County, Texas.
5. Parties Bound. This Agreement shall be binding upon end
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Leas1 Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held
to he invalid, illegal, or unenforceable in any respect, said
validity, illegality, or unenforceability shell not affect any
other provision hereof, and this Agreement shall be construed es
if the invalid, illegal, or unenforceable provision had never
been contained herein.
7. Prior A~reements Sunerseded. 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 is of the essence in this
Agreement.
AEE008FE PAGE 6
9. ~ender. 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 reguest 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
exemined by an attorney of Purchaser's own selection.
12. Time Limit. In the event a fully executed copy of this
A~reement has not been returned to Purchaser within ten (10) days
after Purchaser executes this A~reement and delivers same to Sel-
ler, Purchaser shall have the right to teminate this Agreement
upon written notice to Seller.
SELLER PURCHASER
%em.l r J
215/E. McKinney__
Denton, Texas 76201
AEE008FE PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
Th instr ant is acknowledged before me, on this__
~ 1999 by Michael W. Jez, City Manager, of the City
of De~on,'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, & 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
of the said City for p~oses and consideration
the
therein expressed, and in the capaci~erei~tated../
~ Notak7 Public in ~nd for
the State of Texas
STATE O'
CO~N'~Z OF
Th~s,instrument is acknowledged before me, on this ~/" day of
~ fy , 1999 by Etta Jean Henslev.
/
*,olary Pubhc LI t'~ P C in an
,](ornfftl%~lorl '~ Z.f-~ the State of Texas
AEE008FE PAGE 8
EXHIBIT 'A°
County Denton Page 1 of 2
Parcel 33Q
Highway U.E. 77 D-15-
PmJeet Emits' From ~ Octob~-, 1996
Account'
LEGAL LAND DEBCRIPTION FOR PARCEL 33G
BEING A 0.480 ACRE PARCEL OF LAND BITUATED IN THE B.B B, & O. R R 8'URVEY, ABBTRACT NO, 186, IN DENTON
COUNTY, TED(AB, AND BEING A PART OF A CAI i ~ 1.~g ACRE TRACT OF LAND CONVEYED TO JERRY RAY MARTIN
AND QUEVA E~ MARTIN BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 918, OF THE DEED RECORDS OF
DENTON COUNTY, TEXAB (DRDCT).
AND BOUNDB 'AB FOLLOWB: 8AID 0.480 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
COMMENCING for referanoe at · 1/2-Inch Iron r~l found et the southeast comer of said Jerry Ray Martin tract, same
being In the Weet line of that sartaln tract conveyed to Betty Ruth Davis Jackson end Joyce Davis Brenhoitz
(Jaoksan/Bronhollz) by Inalmmont of record In Volume 1181, page 104 DRDCT;
THENCE N 00° $1' 18' E, along the onmmon line between said Jerry Ray Martn tract ,=nd said Jacksan/Bronholtz tract,
a distance of 7g.66 feet to a sat ~8-1neh Iron rod with an aluminum disk marked Tex~s Department of Transportation
(TXDO'r) for the POINT OF BEGINNING; said point being on the new southwesterly right-of-way line of U.B Highway 77,
(1) THENCE N 88' 11' 37- W, along the new southwesterly right of way line of U.B. Highway 77, a distance
of 340.84 feet to a eat 8/8.inah iron rod with an aluminum dl~k marked TXDOT in the aommon llne
between said Jany Ray Martin tract end a called 1 I~9 -,ore treat conveyed to R D. Martin by instrument
of record In File Volume 0178, page 886 DRDCT,
(2) THENCE N 01° 34' 17' E, along said common line, a distance of 63 44 feet to e 1/2-inch iron red found
for the northweet ~Omer of said Jeny Ray Martin tract, same being in the existing southwesterly right-of-
way line of U.8. Highway 77;
(3) THENCE B ~8" 18' 32' E, along the eealerly line of said Jerry Ray Martin tract and the existing
eouthwecteriy right, of. way line of said U.E. Highway 77, a distance of 339 44 feet to · 1/2-inch iron rod
found et the northeast comer of said Jerry Ray Martin tract;
(4) THENCE B 01° 48' SO" E, along the eealeriy line of said Jerry Roy Martin tract and said right-of, way line,
a dlalanoe of 4.82 feet to · 1/2-Inch Iron rod found;
EXHIBIT 'Ao
Couniy Denton Page 2 of 2
Paroel 33G
Highway U.8. 77 D-IS-
Project Umita~ From LH. 35 October, 1996
To
Cad.
Acoount'
(5) THENCE B 00' 51' 18' W, continuing along the eaet line of said Jerry Ray MaMn tract, a distance of $6 88
foot to the POINT OF BEGINNING, ,=nd oontalnlng 0 430 acre, 18,722 square feet, more or le~e of land
area within these mete8 and bound8
A plat of even eunmy data herewith aeeompanlsa thio deacrlptlon
SURVEYED ON THE GROUND
OCTOBER, 1996
ESPEY HUeTON & A88OCIATEB, INC.
Q. Oennla-Q"Taalle, R.P I.'~.
Te0me Regletmtlon No 427g Data