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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 AEE008FE 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