1999-363 OROIN CE NO
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND LEE ROY MITCHELL AND J C MITCHELL, RELATING TO THE
PURCHASE OF 0 644 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77
(PARCEL 12), 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 anthonzed to execute a Real Estate
Contract between the City and Lee Roy Mitchell and J C Mitchell, 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 0 644 acres of land for the expansion ofU S Highway 77 (Parcel 12)
~ That the City Manager is authorized to make the expenchturas as set forth
in the attached Real Estate Contract
SECTION 3 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the -- day of ,1999
JACK
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE xs made by and between Lee Roy
M~tchell and J C Mxtchell (herexnafter referred to as "Seller")
and CITY OF DENTON, TEXAS, a home rule munlclpal~ty, of Denton,
Denton County, Texas, (hereinafter referred to as "Purchaser"),
upon the terms and condlt~ons set forth here~n
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 =n Exh~b=t "A" attached w=th all
r~ghts and appurtenances pertaining to the sa~d property,
· nclud~ng any r~ght, t~tle and =nterest of Seller ~n and to
adjacent streets, alleys or r~ghts-of-way (all of such real
property, r~ghts, and appurtenances being hereinafter referred
to as the "Property"), together w~th any ~nprovements, fixtures,
and personal property s~tuated on and attached to the Property,
for the cons~deratlon and upon and subject to the terms,
prov~slons, and conditions hereinafter set forth Seller shall
pay all cost for the removal, ~nstallat~on, construction,
re~nstallat=on, reconstruction, labor and materials for any
and/or ~mprovements located w~th=n the property described ~n
Exhibit "A" Any =m~rove~tents not removed by Januar~ 1, 2000
shall become property of the C~ty of Denton, Texas
PURCHASE PRICE
I Amount of Purchase Price The purchase price for the
Property shall be the sum of $~11,052 00
2 Payment of Purchase Price The full amount of the
Purchase Price shall be payable ~n cash at the closing
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to cons~mmate the
transactions contemplated hereby are subject to the satisfaction
of each of the following oondlt~ons any of which may be waived
· n whole or ~n part by Purchaser at or prior to the closing
i Prelamanar~ Tatle Re~ort Wathan twenty (20) days after
the date hereof, Seller, at Purchaser's sole cost and expense,
shall have caused the Tatle Company (hereanafter defaned) to
assue a owners polacy co~atment (the "Commatment") accompanaed
by copaes of all recorded documents relatang to easements,
raghts-of-way, etc , affectang the Property Purchaser shall
gave Seller wratten notate on or before the exparataon of ten
(10) days after Purchaser receaves the Commatment that the
condataon of tatle as set forth an the Coem~tment as or as not
satasfactory In the event Purchaser states the condataon of
tatle as not satasfactory, Seller shall, at Seller's optaon,
promptl~ undertake to elamanate or modafy all unacceptable
matters to the reasonable satasfact~on of Purchaser In the
event Seller as unable to do so w~than ten (10) days after
reoeapt of wratten notate, thas Agreement shall thereupon be
null and voad for all purposes, otherwase, thas condataon shall
be dee~ed to be acceptable and any ob]ectaon thereto shall be
deemed to have been waaved for all purposes
2 Surve~ Purchaser maT, at Purchaser's sole cost and
expense, obtaan 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
locataon of all amprovements, haghways, streets, roads,
raalroads, ravers, creeks, or other water courses, fences,
easements, and raghts-of-way on or adjacent to the Property, af
any, and shall contaan the surveyor's certaf~cataon that there
are no encroachments on the Property and shall set forth the
number of total acres comprasang the Property, together wath a
metes and bounds dascraptaon thereof
Purchaser wall have ten (10) days after receapt of the
survey to revaew and approve the survey In the event the
survey as unacceptable, then Purchaser shall wath=n the ten (10)
day peraod, gave Seller wratten notace of thas fact Seller
shall, at Seller's optaon, promptly undertake to elamanate or
modafy the unacceptable portaons of the survey to the reasonable
satasfactaon of Purchaser In the event Seller Ks unable to do
so w~than ten (10) days after receapt of wratten notace,
Purchaser may te~manate thas Agreement, and the ~reement shall
thereupon be null and voad for all purposes and the Escrow
Deposat shall be returned by the Tatle Company to Purchaser
Purchaser's faalure to gave Seller thas wratten notace shall be
deemed to be Purchaser's acceptance of the surve~
2
AEE008FE
3 Seller's Connivance Seller shall have performed, ob-
served, and complied w~th all of the covenants, agreements, and
conditions required by th~s Agreement to be performed, observed,
and complied w~th by Seller prior to or as of the closing
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representat=ons and warrant~es shall be deemed
made by Seller to Purchaser also as of the closing date
i There are no part~es in possession of any port~on of the
Property as lessees, tenants at sufferance, trespassers or other
part~es
2 Except for the prior actions of Purchaser, there ~s no
pending or threatened condonation or s~n~lar proceeding or
assessment or su=t, affecting t~tle to the Property, or any part
thereof, nor to the best knowledge and belief of Seller Ks any
such proceeding or assessment contemplated by any governmental
authority
3 Seller has complied w~th 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 w~th~n the
Property Such toxic or hazardous wastes or materials ~nclude,
but are not l~m~ted to, hazardous materials or wastes as same
are defined by the Resource Conservat=on and Recovery Act
(RCRA), as amended, and the Comprehensive Environmental Response
Compensation and L~ab~l~tyAct (CERCLA), as amended
CLOSING
The closing shall be held at the off~ce of Dentex T~tle
Company on or before September 30, 1999, or at such t~tle
company, t~me, date, and place as Seller and Purchaser may
mutually agree upon (which date ~s here~n referred to as the
"closlng date")
3
AEEO08FE
CLOSING REQUIREMENTS
i Seller's Rec~u~rements At the closing Seller shall
A Deliver to State of Texas, acting by and through the
Texas Transportataon Commission a duly executed and
acknowledged Deed ~n the form as attached hereto as
Exhabat "B" conveying good and marketable tatle an fee
sample to all of the Property, free and clear of any and
all laens, encumbrances, cond~taons, easements, asses-
sments, and restract~ons, except for the followang
i General real estate taxes for the
year of closang and subsequent years not
~et due and payable,
2 Any exceptaons approved by Purchaser
pursuant to Purchaser's Obligations
hereof; and
3 Any exoeptaons approved by Purchaser
· n wratang
B Deliver to Purchaser a Texas Owner's Pol~c~ of Tatle
Insurance at Purchaser's sole expense, assued by Dentex
Tatle Company, Denton, Texas, (the "T~tle Company"), or
such tatle company as Seller and Purchaser may mutually
agree upon, an Purchaser's favor an the full amount of
the purchase prace, ansurang fee sample tatle for the
State of Texas to the Property subject only to those
t~tle exceptions lasted an Clos~n~ Rec/u~rements hereof,
such other exceptaons as may be approved ~n wrat~ng by
Purchaser, and the standard printed exceptaons contaaned
an the usual form of Texas Owner's Policy of T~tle
Insurance, provaded, however
I The boundar~ and survey exceptaons
shall be deleted af requared by
Purchaser and af so requLred, the costs
assocaated wath same shall be borne by
Purchaser,
2 The exoeptaon as to restrLctave
covenants shall be endorsed "None of
Record",
4
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3 The exceptaon for taxes shall be
lamated to the year of closang and shall
be endorsed "Not Yet Due and Payable",
and
4 The exceptaon as to laens
encumberang the Property shall be
endorsed "None of Record"
C Delayer to Purchaser possessaon of the Property on
the day of closang
2 Purchaser's Rec~uarements Purchaser shall pay the
consLderataon as referenced in the "Purchase Price" sectaon of
th~s contract at ClosLng an ~-~ed~ately avaalable funds
3 ClosLng Costs Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing
Ail other costs and expenses of closang an consummating the
sale and purchase of the Property not specafLcally allocated
herean shall be paid by Purchaser
REAL ESTATE CO~fISSION
Ail oblLgatLons of the Seller and Purchaser for payment of
brokers' fees are contaaned an separate written agreements
BREACH BY SELLER
In the event Seller shall fall to fully and tamely perform
any of ats oblagatLons hereunder or shall faal to consummate the
sale of the Property except Purchaser's default, Purchaser may
eLther enforce specafac performance of th~s Agreement or
tezmLnate thas Agreement by wratten notace delivered to seller
BREACH BY PURCHASER
In the event Purchaser should fa~l to consummate the
purchase of the Property, the condataons to Purchaser's
oblagatLons set forth In PURCHASER'S OBLIGATIONS havang been
satisfied and Purchaser being an default Seller may eather
enforce speolflc performance of th~s Agreement, or termLnate
thas Agreement by written notice delavered to purchaser
$
AEE008FE
MISCELLANEOUS
i Assl~mnent of A~reement Th~s Agreement may not be
assigned by Purchaser w~thout the express written consent of
Seller
2 Survival of Covenants Any of the representations, war-
rantles, covenants, and agreements of the part~es, as well as
any r~ghts and benefits of the part~es, pertaining to a per~od
of tame followang the closang of the transactaons contemplated
hereby shall survave the closing and shall not be merged
there~n
3 Notate Any not~ce requared or pe=m~tted to be
delavered hereunder shall be deemed received when sent by Unated
States ma~l, postage prepaid, certified ma~l, return receipt
requested, addressed to Seller or Purchaser, as the case may be,
at the address set forth beneath the sagnature of the party
4 Texas Law to Apply Thas Agreement shall be construed
under and ~n accordance wath the laws of the State of Texas, and
all oblagataons of the partzes created hereunder are performable
· n Denton County, Texas
5 Partaes Bound Th~s Agreement shall be b~ndang upon and
~nure to the benefit of the partaes and their respective he~rs,
executors, adm~nastrators, legal representatives, successors and
assagns where permzttedby thzs Agreement
6 Legal Construction In case any one or more of the pro-
vzsaons contaaned an th~s Agreement shall for any reason be held
to be =nvalad, =llegal, or unenforceable an any respect, sa~d
znvalzd~ty, allegal~ty, or unenforceabalzty shall not affect any
other proves=on hereof, and th~s Agreement shall be construed as
zf the anval~d, zllegal, or unenforceable provasaon had never
been contained here~n
7 Prior Agreements Superseded Thzs Agreement constitutes
the sole and only agreement of the partaes and supersedes any
przor understandings or written or oral agreements between the
partaeS respectang the wathan subgect matter
8 T~me of Essence T~me Ks of the essence ~n th~s
Agreement
AEE008FE
9 Gender Words of any gender used an thas Agreement
shall be held and construed to anclude any other gender, and
words ~n the s~ngular n~,m~er shall be held to anclude the
plural, and v~ce versa, unless the context requares otherwase
10 Memorandum of Contract Upon request of eather party,
both partaes shall pro~tly execute a memorandum of thas
Agreement suitable for f~l~ng of record
11 Com~!~ance In accordance wath the requarements of the
Texas Real Estate L~cense Act, Purchaser as hereby advased that
at should be furn=shed w~th or obtaan a polacy of tatle
· nsurance or Purchaser should have the abstract covering the
Property exam~nedby an attorney of Purchaser's own selectaon
12 T~me L=m~t In the event a fully executed copy of thas
Agreement has not been returned to Purchaser wathan ten (10)
days after Purchaser executes th~s Agreement and delivers same
to Seller, Purchaser shall have the raght to terminate th~s
Agreement upon written not~ce to Seller
DATED th~s ~ day of ~7~-c~ , 1999
SELLER PURCHASER
THE ~ OF DENTON, TEXAS
Denton, Texas 76201
7
AEE008FE
STATE OF TEXAS
COUNTY OF DENTON
Th s acknowl.d .d befo=, m., on th s
of ~.~m] , 1999 by ~chael W Jez, City ~nager,
of t~ C~ty of Denton, a m~=c~pal co~orat~on, kno~ to ~ to
be the person and off~cer whose n~e ~s s~scr~bed to the
foregoing ~nstr~nt and acknowle~ed to me that the s~e was
the aot of the sa~d C~ty of Denton, Texas, a
co~orat~on, ~at he was duly authorized to perfo~ the s~e by
appropriate ordinance of the C~ty Council of the C~ty of Denton
and that he executed the s~ as the act of the sa~d C~ty for
pu~oses and consideration there~n e~ressed, and ~n the
capacity there~n stated
A ~ ~ ~ /-J MyComml~on Ex~es K
V~~
~'~o,~ the State of Texas
STATE OF TE~S
CO~Y OF D~ON
thzs f~
Th~s ~nstr~ent ~s acknowle~ed before ~, on
_~/~_ , by Lee Ro~ ~tchell
of ~, 1999
J~%~ CAROLWALDMAN N a~ ~lxc mn and~or
~ ~ ~ N0ta~P~bhc
~z~r~e~t ~s acknowle~ed before me, on
of~ 1999 by J C ~tchell
CAROLWALDMAN the State of Texas
~ %'2' > ~ ~t~ My Commission Exp,r~
~E008FE
EXHIBIT 'A'
County Denton Page 1 of 1
Highway U S, 77
Project L~m,ts From I.H. 35 Rev June 30, 1994
To U.S. 380
CSJ 019S-02-
Account
FIELD NOTES FOR PARCEL 12
BEING A PARCEL OF LAND SITUATED IN A CALLED 23 212*ACRE TRACT CONVEYED TO BRIAN P CATALANO,
TRUSTEE, RECORDED IN VOLUME 2219, PAGE 545, DEED RECORDS OF DENTON COUNTY, TEXAS {DRDCTI,
AND BEING SITUATED IN THE J S COLLARD SURVEY, ABSTRACT NO 297, CITY OF DENTON, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 5/8-.lch ~ron rod in the west line of said Catalano tract, same being an
angle po,nt m the east line of a called 39 361-acre trac~ of land conveyed to Electronic Data Systems Corporat, on
Ret,rement Plan and Trust (EDS). recorded .n Volume 1681, Page 867. DRDCT.
THENCE N 13° 50' 35" E. along a line commo~ to aa,d Catalano tract and sa,d EDS tract, a distance of
688 13 feet to a set 5/8~,nch ~ron rod w~th an alum,num cap for the POINT OF BEGINNING. also being s transmon
point m the ex,sang south right of way hne of U S 77. same being the northeast comer of said EDS tract.
(1) THENCE N 130 50' 35" E. with the existing south nght of way hne of U S 77, and the west linc
of sa,d Catalano tract, a distance of 32 77 feet to s found 1/2-inch iron rod for the northwest
corner of said Catalano tract.
(2) THENCE S 56° 1 O' 22' E, along the north hne of said Catalano tract and the ex~st]ng south right
of way line of U S 77. a distance of 900 36 feet to a found 5/8-,nch ,mn md. being the northeast
comer of sa,d Cutalsno trac;, and the northwest corner of a 14 198-acre tract conveyed to Cot,
Joint Venture (Cod J V ). recorded in Volume 1688, Page 9, DRDCT.
(3} THENCE S CO° 39' 12' W. along a I,ne common to said Catalano tract and said Co1~ J V tract.
a d,stance of 36 05 feet to s set PK ne,I with shiner ,n the new south right of way hns of U S 77,
{4) THENCE N 58° 11' 36' W. w~th the new south nght of way Ires of U S 77. a d,stance of 908 90
fee~ to the POINT OF BEGINNING. and conta,mng 0 644 acre. or 28.050 s;uara feet of land. more
or Jess
John F Wilder, R P L S Date
Texas No 4285