1998-209 ORDINANCE NO q~-~OE~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE
CONTRACT WITH CRAIG D JOHNSON AND WIFE, TERRI JOHNSON FOR THE
PURCHASE OF APPROXIMATELY 0 181 ACRE TRACT OF LAND KNOWN AS PARCEL
NO 17, US HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE US
HIGI-BVAY WIDENING PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE, AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager ~s hereby authorized to execute a Real Estate Contract
with chug D Johnson and wife, Tern Johnson, for the purchase of approximately 0 181 acre of
land known as Pared No 17, U S Highway 77, Denton, Denton County, Texas for the U S
Htghway W~denmg Project, a copy of wbach ~s attached hereto and ~ncorporated by reference
herein
SECTION II That the C~ty Council hereby anthonzes the expen&ture of funds ~n the
manner and amount as speeffied m the agreement
SECTION III That tl~s or&nanee shall become effective ~mme&ately upon ~ts passage and
approval
PASSED AND APPROVED tins the O~} ~]- day of (~, .~-d-" ,1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
~PROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
l~ndAng ~K:-4 DEaAnage l'ro~loot
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between
Craig D. Johnson and wife, Terrl Johnson (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 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, provisions, and conditions
hereinafter set forth. Seller shall pay all cost for the
removal, installation, construction, relnstallatlon,
reconstruction, labor and materials for any and/or improvements
located within the property described in Exhibit "A". Any
improvements not removed by January 1, 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 $3982.00.
2. Pa_vment 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 Report. 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 of 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 Ks 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 ob3ectlon thereto shall be deemed
to have been waived for all purposes.
2. ~/lr_v_~. 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 ad]acent 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 wall 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 (1,0) day period, give Seller written notice of th~s 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 Ks
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.
3. Seller's Compllanc~. Seller shall have
performed, observed, and complied with all of the covenants,
agreements, and conditions required 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
AEE008FE PAGE 2
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 goverrumental authority.
3. Seller has complied with 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 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.
CLOSING
The closing shall be held at the office of
Dentex Tltle Company on Or before August 31, 1998, or at such
title Company, t~me, date, and place as Seller and Purchaser may
mutually agree upon (which date ~s herein referred to as the
"closing date").
CLOSING REQUIREMENTS
1. S~ller's Requirements. At the closing
Seller shall.
A. Deliver to State of Texas, acting by and
through the Texas Transportation Commission a duly
executed and acknowledged General Warranty Deed 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. General real estate
taxes for the year of closing and
subsequent years not yet due and payable,
AEE008FE PAGE 3
2. Any exceptions approved
by Purchaser pursuant to
Q~ hereof, and
3. Any exceptions approved
by Purchaser in wrmting.
B. Delmver to Purchaser a Texas Owner's
Policy of Title Insurance at Purchaser's sole expense,
issued by Dentex Title Company, Denton, Texas, (the
"Tmtle Company"), or such title company as Seller and
Purchaser may mutually agree upon, mn Purchaser's favor
mn the full amount of the purchase price, insuring fee
simple title for the State of Texas to the Property
subject only to those title exceptlons listed mn
~ hereof, such other exceptions as may be
approved in writing by Purchaser, and the standard
prxnted exceptions contained in the usual form of Texas
Owner's Policy of Title Insurance, provided, however:
1. The boundary and survey
exceptions shall be deleted if required
by Purchaser and if so required, the
costs associated with same shall be borne
by Seller;
2. The exception as to
restrlctmve covenants shall be endorsed
"None of Record";
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 Requlr~m~mts. Purchaser
shall pay the consideration as referenced ~n the "Purchase Prmce"
section of this contract at Closing in immediately avamlable
funds.
3. ~ Seller shall pay all
taxes assessed by any tax collectmon authormty through the date
of Closing.
AEE008FE PAGE 4
Ail other costs and expenses of closing in
consummating the sale and purchase of the Property not
specifically allocated herein shall be paid by Purchaser and
Seller.
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the
consummation of this Agreement shall be the sole responsibility
of Seller, and Seller agrees to indemnIfy and hold harmless
Purchaser from any and all claims for these commissions.
BREACH BY SELLER
In the event Seller shall fall to fully and
timely perform any of its obligations hereunder or shall fail to
consummate the sale of the Property except Purchaser's default,
Purchaser may either enforce speclflc performance of this
Agreement or terminate this Agreement by written notice delivered
to seller.
BREACH BY PURCHASER
In the event Purchaser should fall to
consummate the purchase of the Property, the conditions to
Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS
having been satisfied and Purchaser being in default Seller may
either enforce specific performance of this Agreement, or
terminate this Agreement by written notice delivered to
purchaser.
MISCELLANEOUS
1. As~lqnm~t ~f Aqreement. Thls Agreement
may not be assigned by Purchaser without the express written
consent of Seller.
2. Survival of Covenants. Any of the
representations, warranties, covenants, and agreements of the
parties, as well as any rights and benefits of the parties,
pertaining to a per~od of tame 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 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.
AEE008FE PAGE 5
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. L~qal Construction. In case any one or
more of the provisions contained in this Agreement shall for any
reason be held to be Invalid, illegal, or unenforceable in any
respect, said invalidity, illegality, or unenforceabllity 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 Aqre~ments 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 sub3ect
matter.
8. ~. Time is of the essence
in this Agreement
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. Memorandttm of Contract. Upon request of
either party, both parties shall promptly execute a memorandum of
this Agreement suitable for filing of record.
11. ~. In accordance with the
requirements of the Texas Real Estate License Act, Purchaser ~s
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. ~. 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 Seller, Purchaser shall have the
right to terminate this Agreement upon written notice to Seller.
AEE008FE PAGE 6
SELLER PURCHASER
~alg ~.~nson T~oa Benavldes
~_A ~ ~ City Manager
~'~ ~ 215 E. McKinney
To'ri jo~n Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
ThlA instrument is acknowledged before me, on this o~/%~/,day of
k_b~,~/~_~ _ , 1998 by Ted Benavldes, City Manager, of the
Clt~ ~f ~ton, a munlc~pal corporation, kno~ to me to be the
person and officer whose n~e is s~scr~bed to the foregoing
lnstr~ent and acknowledged to me that the s~e was the act of
the said C~ty 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 of Denton and that he executed
the s~e as the act of the said C~ty for purposes and
conslderatlon therein expressed, and in the capacity there~n
stated.
................................. _ _
~/ ~y Comm~ssmn Exmres 12 19~8 ~ ~ot
ary P~l~c in and for
~.,.,':~?.:'.~: ............ .~..... ............. ~ the State of Texas
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged Before me, on this [~-%k day of
~ , 1998 by ~,Aj%~. ~ ,,% T~% ~'o~ld~p4 .
,~ ,,I . /,I.
~ULH Wlffi~ Notary P~i~c ~n and for
~/~B[IC,~ ~ the State of Texas
AEE008FE PAGE 7
EXHIBIT "A" Page 1 of 1
County ~ ..
Highway ~ Rev. October 27, 1994
ProjeCt Umlts: From 1,14. 35
To
CS J: ~
Account: .
FIELD NOTES FOR PARCEL 17
BEING A PARCEL OF LAND SITUATED IN A TRACT CONVEYED TO KENNETH L. DAVIDSON AND WIFE,
HELEN L. DAVIDSON, RECORDED IN VOLUME 684, PAGE 326, DEED RECORDS OF DENTON COUNTY, TEXAS
{DRDCT), AND BEING SITUATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO. 810, CITY OF DENTON,
DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'
COMMENCING for reference at a found 618-inch Iron md for the northeast comer of caid Devidaon traCt, same
being the northwest comer of a 0.E20-aere tract of land conveyed to Re=a Sabri, recorded In Volume 1700,
Page 648, DRDCT; 155.62
THENCE t~ 35 = 38' 17" W, along a line cominco to said David.on tract and said Sabri tmct~ a distance of
feet to a Sat E/8-1n~h Iron md with an aluminum cap bein_g_th._e POINT OF BEGINNING and being a point on ~e
new north Hght of way line of U.S. 77;
(1) THENCE S 36= 38' 17" W, along said common line, passing at 27.51 fast a found 1/2-~nch iron
rod, in all a distance of 61.51 feet to · point for the southeast comer of said Davldson traCt, ~e
southwest comer of said Sabri treat, and being a point on the existing north right of way line of
U.S. 77; _ _
(2} THENCE N 57= 25' 30" W, along a line common to said Devidann traCt and the existing north
right of way line of U.S. 77, a distance of 130.31 feet to · point being the southwest comer of
said Davldaon ~act and the southeast comer of · 0.52B-sere tract of land conveyed to Mane
Elizabeth Basso, recorded in Volume 2249, Page 600, DRDCT;
(3} THENCE N 350 42' 49" E, along a line common to said Oavideon tract and said Sa,ac traCt.
psaalng st 34.00 feet, a 1/2-inch Iron md, In all a distance of 59.76 feet to a net 5/8-inch iron
md with an aluminum cap and cald point being on the new north right of way line of U.S 77.
-= ~-ht of way line of U.S. 77, a distance of 130.34
(4l THENCE B 58° 11' 36" E, along the new norm .,u
feet to the POINT OF BEGINNING, and containing 0.181 care, or 7,888 .;lUere feet of land, more
or la"a, of which 4,407 ~guam feet reside in a preser~ptive right of way for U.S. 77.
,~)hn-I~: W~ider, R.P.L.S.
Texas No. 4285