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1998-164 ORD ANCENO q AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ERNEST MILLS, TRUSTEE, RELATING TO THE PURCHASE OF 0 156 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PEC-4 TRIBUTARY OF PECAN CREEK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS ~ That the City Manager is hereby authorized to execute a Real Estate Con- tract between the City and Ernest Mills, Trustee, ,n 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 0 156 acres of land for constructing drainage ,mprovements ,n the PEC-4 Tributary of Pecan Creek ~ That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract ~ That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED ttlls the (~A~) day of ~.l.a~ _ ,1998 JAC ATTEST JENNIFER WALTERS, CITY SECRETARY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Emest Mills, Trustee (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home role muntcipahty, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein PURCHASE AND SALE 1 Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that eerttun tract, lot or parcel of land consisting of 0 156 acre tract of land, more or less, as described m Exhibit "A" and illustrated in Exhibit "B" attached hereto, bemg portion of Lot 5, Block 2, Alex Robertson Adchtlon, together with all rights and appurtenances pertalmng 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 property, 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, provlmons, and eondit~ons heremafter set forth 2 However, xt ~s expressly understood that the seller shall have the right to salvage and remove any part of the existing house structure or outbuilding structure that is presently s~tuated upon said 0 156 acre tract w~thm a time period of thirty (30) days from the date of conveyance (Closing) After thirty (30) days from the date of conveyance (Closmg) the remmnmg structures and appurtenances, if any, will be removed and dxsposed of at the dmeretlon of the Purchaser 3 The Seller hereby acknowledges that the Purchaser has previously informed Seller that Purchaser has negotiated for the purchase of the tracts with no lment to use its powers of eminent dommn to obtmn the parcels PURCHASE PRICE 1 Amount of Purchase Price. The purchase price for the Property (0 156 acre tract) shall be the sum of Twenty F~ve Thousand Four-Hundred Dollars and No Cents ($25,400 00) This amount conmsts of $6,795 for the land and $18,605 for the ~mprovements (house, outbuildings, etc ) Page 1 of 7 2 Payment of Purchase Price The full amount of the Purchase Price shall be payable in cash at the closmg PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following condxtlons any ofwluch may be waived m whole or xn part by Purchaser at or prior to the closing 1 Prehmmarv T~tle Reoort. W~thm Twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the T~tle Company (heremafter defined) to ~ssue an owner's policy commitment (the "Commitment") accompamed by cop~es of all recorded documents relatmg to easements, rights-of-way, etc, affectmg the Property Purchaser shall g~ve Seller written not, ce on or before the expiration often (10) days after Purchaser receives the Commitment that the conthtxon of t~tle 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 ehmmate or modify all unacceptable matters to the reasonable satisfaction of Purchaser Purchaser understands that Seller is under no obligation to cure any title defects complained of by Purchaser stated in Purchaser's written notme to Seller as provided in th~s paragraph In the event Seller is unable to do so w~thm ten (10) days after receipt of written notice, this Agreement shall thereupon be null and voxd for all purposes, otherwise, this condmon 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, obtmn 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 locatmn of all ~mprovements, 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 certfficat~on that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together wxth 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 tbas fact Seller shall, at Seller's option, promptly undertake to ehm~nate Page 2 of 7 or modify the unacceptable portions of the survey to the reasonable satisfactions 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 Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey 3 ~ Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and comphed with by Seller prior to or as of the closing REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to purchaser, to the best of its current knowledge, as follows, whmh representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date 1 There are no part,es ~n possession of any portion of the Property as lessees, tenants at sufferance, or trespassers 2 Except for the prior actions of Purchaser, there ~s no pending or threatened condemnation or stmllar proceeding or assessment or stat, affecting t~tle to the Property, or any part thereof, nor to the best knowledge and behef of Seller is any such proceeding or assessment contemplated by any governmental authority 3 Seller has comphed 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 within the Property Such toxic or hazardous wastes or materials include, but are not hmlted 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, 300 N Elm, Suite 101, Denton, Texas on or before ., (wba~h date is hereto referred to as the "closing date") Page 3 of 7 CLOSING REQUIREMENTS 1 r' e At the closing Seller shall A Dehver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable t~tle ~n fee simple to all of the Property, free and clear of any and all hens, encumbrances, condtt~ons, assessments, and restrictions, except for the following 1 General real estate taxes for the year of closing and subsequent years not yet due and payable, and 2 Any exceptions approved by Purchaser pursuant to ur s r's O h atlo s hereof, and 3 Any exceptions approved by Purchaser ~n writing B Dehver to Purchaser a Texas owner's Pohcy of Title Insurance at Purchaser's sole expense, ~ssued by Dentex T~tle Company, Denton, Texas, (the "T~tle Company"), ~n Purchaser's favor ~n the full mount of the purchase price, ~nsunng Pumhaser's fee s~mple t~tle to the Property subject only to those t~tle exceptmns hsted ~n ~ hereof, such other exceptmns as may be approved m writing by Purchaser, and the standard printed exceptaons contmned ~n the usual form of Texas Owner's Pohcy of T~tle Insurance, prowded, however 1 The boundary and survey exceptions shall be deleted if reqmred by Purchaser, and ~f so reqmred, the costs assocmted w~th same shall be borne by Seller, 2 The exceptton as to restrictive covenants shall be endorsed "None of Record", 3 The exceptton as to hens encumbering the Property shall be endorsed "None of Record" other than those set forth ~n "Purchaser's Obh~atmns" 4 The exception for taxes shall be hm~ted to the year of closing and shall be endorsed "not yet due and payable" C Dehver to Purchaser possession of the Property on the day of closing Page 4 of 7 2 Purchaser's Reomrements Purchaser shall pay the consideration as referenced m the "Purchase Price" section of this contract at Closing ~n immediately available funds 3 ~ Seller shall pay all taxes assessed by any tax 3unsd~ctlon through the date of the Closing All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated here~n shall be prod by Purchaser REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of th~s Agreement shall be the sole rcsponslblhty of Seller, to the extent Seller has agreed to pay any such real estate comm~ssxon in writing, and Seller agrees to lndemmfy and hold Purchaser harmless from any and all claims for any such commissions BREACH BY SELLER In the event Seller shall fml to fully and t~mely perform any of ~ts obhgatmns hereunder or shall fall to consummate the sale of the Property except Purchaser's default, Purchaser as its sole and exclusive remedy may rather enforce specific performance of th~s Agreement or termmate tlus Agreement by written notice dehvered to Seller BREACH BY PURCHASER In the event Purchaser should fall to consummate the purchase of the Property, the conditions to Purchaser's obhgatlons set forth m PURCHASER'S OBLIGATIONS having been saUsfied and Purchaser being in default, Seller as its sole and exclusive remedy may enfome specific performance of this Agreement, or terminate this Agreement by written notice dehvered to Purchaser MISCELLANEOUS PROVISIONS 1 ~as!rmment of A~eement This Agreement may not be assigned by Purchaser w~thout the express written consent of Seller 2 Survlwl of Covenants Any of the representatmns, warranttes, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertamlng to a period oft~me following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein Page 5 of 7 3 Notice. Any notice reqmred or permitted to be dehvered hereunder shall be deemed received when sent by United States mall, postage prepmd, certffied mall, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party 4 ~ This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obhgatlons of the parties created hereunder are performable ~n Denton County, Texas 5 Partlas Bound. Thru Agreement shall be b~ndmg upon and inure to the benefit of the parties and their respective legal representatives, successors and assigns where permitted by this Agreement 6 ~ In case any one or more of the provlstons contained m ttus Agreement shall for any reason be held to be invalid, dlegal, or unenforceable m any respect, smd lnvahd~ty, dlegahty, or unenforceabdlty shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, dlegal, or unenforceable prowslon had never been contained hereto 7 Prior A~eements Su_nerseded Th~s Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the pames respecting the w~th~n subJeCt matter 8 ~ Time is of the essence ~n th~s Agreement 9 _Clggllg5 Words of any gender used ~n th~s Agreement shall be held and construed to mclude any other gender, and words in the s~ngular number shall be held to mclude the plural, and wce versa, unless the context reqmres otherwise 10 ¢omt~hance. In accordance with the reqmrements of the Texas Real Estate License Act, Purchaser ~s hereby adwsed that it should be furnished with or obtmn a pohcy of title insurance or Purchaser should have the abstract covenng the Property exanuned by an attorney of Purchaser's own selecUon 11 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 ti'ns Agreement and dehvers same to Seller, Purchaser shall have the right to terrmnate this Agreement upon written not~ce to Seller Page 6 of 7 PURCHASER THE CITY~NTON, TEXAS Ted Benawdes City Manager 215 E McKmney Denton, Texas 76201 ATTI~ST APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTOR~Y SELLER DIANE MILLS Page 7 of 7 EXI-IIBIT 'A' BEiNG A PORTION OF LOT $, BLOCK 2, ALEX ROBERTSON ADDITION TO THE CITY OF DENTON, ACCORDiNG TO THE PLAT RECORDED iN VOLUM~ 01, PAGE 19, PLAT RECORDS, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A 5/8 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF SAID LOT 5 AND THE SOUTHWEST CORNER OF LOT 6 iN SAID BLOCK 2 THENCE N89 ° 44~32"E, ALONG THE COMMON LINE OF SAID LOTS $ AND 6, A DISTANCE OF 145 00 FEET TO A $/8 iNCH IRON ROD SET FOR THE NORTHWEST CORNER OF THE TRACT DESCRIBED iN A DEED TO THE CITY OF DENTON DATED AUGUST 12, 1969, FOR THE WIDENING OF SKINNER STREET THENCE SOO° 12'34"W, ALONG THE WEST LINE OF SAID CITY TRACT FOR THE WEST LINE OF SAID SKINNER STREET, 47 00 FEET TO A 5/8 iNCH IRON ROD SET FOR THE SOUTHWEST CORNER OF SAID CITY TRACT, iN THE COMMON LINE OF SAID LOT AND LOT 4 IN SAID BLOCK 2 THENCE S89°44'32"W, ALONG THE SAID COMMON LINE OF LOTS 4 AND $, A DISTANCE OF 145 00 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF SAID LOT 5 AND THE NORTHWEST CORNER OF SAID LOT 4 THENCE,N00° 12'34"E, ALONG THE WEST LINE OF SAID LOT $, A DISTANCE OF 47 00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0 156 ACRE OF LAND SURVEYED ON THE GROUND FEBRUARY 1998 REGISTERED PROFESSIONAL L ,rO SURVEYOR NO EXHIBIT 'B' ~ A SKETCH SHOWING SCALE 1 = 20 · O156 ACRE TRACT OF LAND NOTE A PORTION OF LOT 5 IN BLOCK 2 EEARINOS ARE EASED UPON THE ~EXAS ALEX ROBERTSON ADDITION TO THE STATE PLANE COOROINA~ SYSTEM CITY OF DENTON DENTON CO TEXAS ALL CORNER MONUMENTS ARE 5/8 IRON RODS SET FRANK ROBINSON UNLESS O~ER~SE NOTED (NO DEED AVAILABLE) 12 34 E 500 12 34 W SOO 12 W N00 O0~ 47 O0 47 O0 47 O0 I ~' PLACE OF BEGINNING o LOT 4 BLK 2 ~8 o~ LOT 6 BLK 2 I LOT 5 BLK. 2 I ALEX ROBERTSON ADDISON VOL 01, PG 19 I I I SOO 12 54 W 5 OF DENTON DTD 8/12/69 rF~ore~ ~ F o r t Wo r t h, ~s.~ 4090 ~'~ (e~ 7) 336-5775 ~ JOB NO DEN97125 Da~e 0 /D~N97125/CAD/PEC 4/EXHIBITS/FSMT ~OW5