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