1999-273 O ,IN CENO
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND DENTON CHRISTIAN CHURCH RELATING TO THE PURCHASE OF
0 009 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 35),
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
THE COLrNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That the City Manager is hereby authorized to execute a Real Estate
Contract between the City and Denton Christian Church, in substantially the form of the Real
Estate Contract which is attached to and made a part of this ordmance for all purposes, for the
purchase of 0 009 acres of land for the expansion ofU S Highway 77 (Parcel 35)
~ That the City Manager is authorized to make the expenditures as set forth
m the attached Real Estate Contract
~ That this ordinance shall become effective immediately upon ~ts passage
and approval
PASSED AND APPROVED thls the /r~_..~ dayof ~(.~,~--~ ,1999
JAC~t~ILLER, MAYOR
ATTEST
JENNIFER. WALTERS, CITY SECRETARY
APPROX~ED AS 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 DENTON CHRISTIAN
CHURCH (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 reel 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 con~ideration and upon and subject to the terms, provisions,
and conditions hereinafter set forth. Seller shall pay all cost
for the removal, installation, construction, reinstallation,
reconst~uotion, labor and materials for any and/or improvements
located within the property described in Exhibit "A". Any
improve~ents not removed by September 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 $500.00.
2. P&~-t 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 ReDort. 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
o£ 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 £or all purposes.
2. ~rvev. 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.
AEE008FE PAGE 2
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions rewired by this Agreement to be performed, observed,
and complied 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 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,
re~ulations, 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, hut 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.
CLOSIN~
The closing shall be held at the office of Dentex Title
Company on or before September 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
CLOSINa REQUIREMENTS
1. Seller's Recmairements. At the closing Seller shall:
A. Deliver to State of Texas, acting by and through the
Texas Transportation Commission a duly executed and
&cknowledged Deed and Drainage Easement Documents in the
£orms 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:
1. aeneral real estate taxes for the
year of closing and subsequent years not
yet due and payable;
2. Any exceptions approved by Purchaser
pursuant to Pur~B-ser's Obliaations 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 Closina Re=uirements 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 he 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";
AEE008FE PAGE 4
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 Reauirements. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in inunediately available funds.
3. ~. 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 coneununate 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 ~n PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either en£orce specific
performance of this Agreement, or terminate this Agreement by
written notice delivered to purchaser.
AEE008FE PAGE 5
MISCELLANEOUS
1. Assicnment of A~reement. This Agreement may be assigned
by Purchaser without the express written consent of Seller.
2. ~urvival 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 si~nature of the party.
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. ~. 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. Le~el 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 A~reements 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. Tim of s ne. Time is of the essence in this
Agreement.
AEE008FE PAGE 6
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. ~morandum of Contract. Upon request of either party,
both parties shall promptly execute a memorandum of this
Agreement suitable for filing of record.
11. Comolianoe. 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. Timg__~. 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.
SELLER PURCHASER
DENTON CHRISTIAN CHURCH THE CITY OF DENTON, TEXAS
Alice V. Bmith z
BY; ~ ~-~~ 215 E. McKinney
i= 'V ila ai Denton, Texas
Clearance Leon Carter
AEE008FE PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
n.t .nt is acknowl.dg.d b.for, on thi. day of
~, 1999 by Michael W. Jez, City Manager, of the City
of D~ton, a municipal co~oration, kno~ to me to be the person
and officer whose n~e is s~scribed to the ~oregoin~ instr~ent
and acknowledged to me that the s~e was the act o~ the said City
of Denton, Texas, a municipal corporation, that he was duly
authorized to perfo~ the s~e by appropriate ordinance of the
City Council of the City o~ Denton and that he executed the
as the act of the said City ~or p~oses and consideration
therein expressed, and in the capacit~re~
~.~.~ No~Pu~lic, S~te of Texas ~ Nota~ P~li~n ~nd for
X ~ ~ ~ J / MyO~ml~ionExpims ~ the State of Texas
~ MAY9,2002
CO~Y O~ D~O~
Th~s ~tr~ent ~e aekn~Zedged ~efore me, on thie I~~ d~y
~y · ~99~ ~7 ~ v m~h.
N°ta~lic in and for
the State oE Texas
STATS OF TSXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this /~ day of
Notary Public in and for
the State of Texas
AEE008FE PAGE 8
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged be£ore me, on this--/4~1~ day of
~-~ ~ , 1999 by Cleeranoe Leon Smith.
Not&fy }ublie in and for
the State of Texas
AEE008FE PA(~E 9
EXHIBIT
County Denton Page 1 of 1
H~ghway U.S. 77
Project L~mits From I,H, 35 Rev September 15, 1994
To U.S. 380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 35
BEING A PARCEL OF LAND SITUATED IN A CALLED 6 31§-ACRE TRACT OF LAND CONVEYED TO DENTON
CHRISTIAN CHURCH, RECORDED IN VOLUME 599, PAGE 251, DEED RECORDS OF DENTON COUNTY, TEXAS
(DRDCT), AND BEING SITUATED IN THE B B B. & C R R SURVEY, ABSTRACT NO 186, CITY OF DENTON,
DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 1/2-inch iron rod for the southeast corner of Lot One-E of the replat of
Umt One, Block One, of the Denton North Add~tion, recorded in Cabinet H, Page 393, DRDCT, same bmng a point
on the west hne of said Denton Christian Church tract and ex~st~ng north right of way hne of U.S 77,
THENCE S 01 o 02' 24" W, along the west hne of said Denton Chnsflan Church tract, a distance of 31 41 feet
to a point bmng the southwest corner of smd Denton Christian Church tract, same being a point on the ex~etmg
north r~ght of way line of U.S 77,
THENCE S 58° 46' 57' E, along the exmt~ng north right of way line of U S 77 and south properb/hne of said
Denton Christian Church tract, a d~stance of 108 13 feet to a set 5/8-inch iron rod with an aluminum cap for the
POINT OF BEGINNING and being on the new north right of way hne of U S 77,
(1) THENCE N 69° 02' 43" E, crossing smd Denton Chrlstmn Church tract and along the new north
r~ght of way hne of U S 77, a d~stance of 30 00 feet to a set 5/8-inch iron rod w~th an aluminum
cap, smd point being on the east line of said Denton Christian Church tract, and same being on
the ex~stmg west right of way line of Joyce Lane (60 foot r~ght of way),
(2) THENCE S 01 o 06' 03" W, along a hne common to said Denton Christian Church tract and smd
road, a d~stance of 27 40 feet to a point, being the southeast corner of smd Denton Christian
Church tract, and smd point being on the existing north r~ght of way hne of said U S 77,
(3) THENCE N 580 46' 57' W, along a hne common to smd Denton Christian Church tract, and
existing north right of way hne of said U S 77, a d~stance of 32 15 feet to the POINT OF
BEGINNING, and containing 0 009 acre, or 381 square feet of land, more or less
John F W~lder, R P L.S Date
Texas No 4285