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1998-329AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND DEBRA JOHNSON (MORGAN), TRUSTEE OF THE HAZEL K KING LAND TRUST, RELATING TO THE PURCHASE OF 0 141 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 7), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Debra Johnson (Morgan), in substantially the form of the Real Estate Contract wtuch is attached to and made a part of this ordinance for all purposes, for the purchase of 0 041 acres of land for the expansion ofU S Highway 77 (Parcel 7) SECTION II That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract I~E..Q!.IO._hT_~ That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED ttus the ~/~ dayof ~~ff~ ,1998 JACK~ ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Debra Johnson (Morgan), Trustee of The Hazel K. King Land Trust (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule munlclp$1ity, 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 ad3acent streets, alleys or rights-of-way (all of such real prop- erty, rlghts, and appurtenances being hereInafter referred to as the "Property"), together with any improvements, fixtures, and personal property s~tuated 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, 1nstallatlon, construction, reinstallat~on, reconstruction, labor and materials for any and/or Improvements located within the property described in Exhibit "A". Any ~mprovements 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 $6000.00. 2. Payment of Purchase Prlce. 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 sub]ect 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 Prelzmlnary Tztle Report. Wzthzn twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Tztle Company (hereinafter defzned) to zssue a owners polzcy commztment (the "Commztment") accompanzed by copzes of all recorded documents relatzng to easements, rzghts-of-way, etc., affectzng the Property. Purchaser shall gzve Seller wrztten notzce on or before the expzratzon of ten (10) days after Purchaser recezves the Commztment that the condztzon of tztle as set forth zn the Commztment zs or zs not satzsfactory. In the event Purchaser states the condztzon of tztle zs not satzsfactory, Seller shall, at Seller's optzon, promptly undertake to ellmznate or modify all unacceptable matters to the reasonable satisfaction of Purchaser In the event Seller unable to do so wzthln ten (10) days after receipt of wrztten notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condItion 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, obtain a current survey of the Property, prepared by a duly lzcensed 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 adjacent 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 will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey unacceptable, then Purchaser shall within the ten- (10) day perzod, gzve Seller written notice of this fact Seller shall, at Seller's option, promptly undertake to ellmznate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may termznate thzs 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 notzce shall be deemed to be Purchaser's acceptance of the survey. 3 Seller's Compliance. Seller shall have performed, ob- served, and complied wzth all of the covenants, agreements, and condItions required by this Agreement to be performed, observed, and complied with by Seller przor to or as of the closing. AEE008FE PAGE REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall 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 governmental 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 Title Company on or before October 30, 1998, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1 Seller'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 Deed in the form as attached hereto as Exhibit "B# 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. AEE008FE PAGE 3 1. General real estate taxes for the year of closing and subsequent years not yet due and payable, 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "T~tle Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor ~n the full amount of the purchase price, insuring fee simple t~tle for the State of Texas to the Property subject only to those title exceptions listed in Closln~ Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained an 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 Purchaser, 2. The exception as to restrictive cove- nants 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 Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. AEE008FE PAGE 4 All 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 fall to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific 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. Assignment of Agreement. This Agreement may not be assigned by Purchaser without the express written consent of Seller 2 Survival of Covenants. Any of the representations, war- rantles, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time 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 mall, 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. 4 Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and AEE008FE PAGE all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. Th~s Agreement shall be b~ndlng upon and inure to the benefit of the parties and their respective he~rs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, ~llegal, or unenforceable in any respect, said in- validity, illegality, or unenforceabll~ty shall not affect any other provision hereof, and th~s Agreement shall be construed as if the lnvalld, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements 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 subject matter 8 Tame of Essence. T~me is of the essence in th~s 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 ~nclude the plural, and v~ce versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for f~l~ng of record. 11. Compliance. In accordance w~th the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title ~nsurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Tame Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser w~th~n ten (10) days after Purchaser executes th~s Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written not~ce to Seller. AEE008FE PAGE 6 SELLER ~PURCHASER The Hazel K. King ~THE CITY OF DENTON, TEXAS Lan~ust . HY~ B''7' / //'~ Trust~/ City [ManS~er 215 ~.. McKlnney Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON This instrument is ackn.o~wl~dgeO before me, on this ~f~ day of ~~-- , 1998 by //~/~_~/. ~,J~.~ city Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the Czty Council of the C~ty of Denton and that he executed the same as the act of the sa~d C~ty for purposes and consideration therein expressed, and in th~ cap--in stated  Notary Public l~nd for ] ,~-.:JJ~-"3'*~,~ NotaryPubllc, SmteofTexa$ ~ the State of Tea/as ~ .\ ~/~, / My C0mml$~lO~l Exptrea ~ ~ ,~^Y s, ~00~ STATE OF TE~ COUNTY OF DENTON .n tr men me, on , 1998 by Debra Johnson ~ ~ Not~l~c ~n and for ~-2-~ the State of Texas AEE008FE PAGE 7 EXHIBIT CounW Denton Page 1 of 1 H~ghway ~ Project Limits From EH. 35 Rev June 30, 1994 TO U.S. 380 CSJ ~ Account FIELD NOTES FOR PARCEL 7 BEING A PARCEL OF LAND SITUATED IN A CALLED 10-ACRE PARCEL OF LAND CONVEYED TO CECIL A KING RECORDED IN VOLUME 377, PAGE 70, DEED RECORDS DENTON COUNTY, TEXAS {DRDCT), AND BEING SITUATED IN THE NATHAN WADE SURVEY, ABSTRACT NO 1407, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a fence corner of a called 78 865-acre parcel of land (Loop tract, Tract 1}, conveyed to Rancho Vista Development Company, recorded in Volume 2695, Page 465, DRDCT, and the southeast corner of e called 17.46-acre parcel of land conveyed to Shaul C Baruch, Trustee, recorded Jn Volume 1620, Page 129, DRDCT, and said point being on the south line of the Alexander White Survey, Abstract No 1406 and the north line of the Nathan Wade Survey, Abstract No 1407, THENCE N O0o 27' 33' E, along the east property line of said Baruch tract and a west property line of ea~d Loop tract, Tract 1, a distance of 131 97 feet to a set B/8-mch iron rod with an aluminum cap being s point on the new south right of way line of U.S 77; THENCE S 58° 12' 52" E, along the new south right of way hna of U S 77, a d~stance of 446 44 feet to a set 518-~nch iron md with an aluminum cap, being the POINT OF BEGINNING, (1) THENCE N O0° 55' 41 ' E, along the west line of smd Krug tract and east line of said Loop tract, Tract 1, a dlstanca of 22 77 feet to a found 1/2-tach iron rod in the west line of said King tract, same being a northeast comer of card Loop tract, Tract 1, and bmng ~n the ex~stmg south r~ght of way hna of U.S 77, (2) THENCE S 58° 20' 12' E, along the existing south right of way line of U S 77. a d;stance of 309.00 feet to a found 1/2-inch ~ron rod in the east line of said King tract, same being the northwest comer of a called 1 9177-acre pamel of land (Tract Two) conveyed to HiIIwood Land/Denton Ltd and recorded in Volume 2470, Page 690, DRDCT, (3) THENCE S 01 o 07' 11 ' W, along the east hne of smd K~ng tract and west line of sa~d Hillwood tract, e distance of 23 53 feet to e set 5/8-Inch iron rod with an aluminum cap m the new south right of way line of U S 77, (4) THENCE N 58° 11 ' 36" W, with the new south nght of way hne of U S 77, a distance of 92 91 feet to e set 5/8-inch iron rod with an aluminum cap, (5} THENCE N 58 o 12' 52' W, with the new south right of way line of U S 77, a d~stance of 216 41 feet to the POINT OF BEGINNING, and contsimng 0 141 acre, or 6,151 square feet of land, more or less John F Wilder, R P L S ~'ooo ....... Date JOHN l= WILDER Texas No 4285 ;o;OOo T~,~ D~l~mn~nt of T~an~at~r EXHIBIT "B" Form D-~$-14 PaSO t o~3 Rev DEED THE STATE OF TEXAS } ! COUNTY OF ..... } KNOW ALL MEN BY THESE PRESENTS. of the County of , State of Texas, heremafter referred to a,s Grantors, whether one or more, for and m conszderauon of the sum of Dollars ($ ) to Grantors m hand paid by the State of Texas, acting by and .t~, ough the Texas Transportauon Comnusmon, recel~pt of wluch ~ hereby acknowledged, a~d for wluch no lien ~s retained, either expressed or u~phed, have this day Sold and . .by..thes~e ~presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain ffact or peroei oriano m bib .... County, Texas, more par~cularly described m it A, which m attached hereto and incorporated herem for any and all purposes SAVE and EXCEPT, HOWlgVI~R, It is expressly understood and agreed that Grantors are retaining utle to the following improvements located on the property descnhed m smd Erdublt "A," to wit Grantors covenant and agree to remove tim above-descr~oe, d h'~provements f~om smd land by the day of ,19 ....... , subject, however, to such extensions of tune as may be granted by the State m writing, and fi, for any reason, Grantors fail or refuse to remove same w~thm said period of time prescribed, then, w~thout any further cons~deraaon, the title to all or any part of such unprovements not so removed shall pass to and vest m the State of Texas forever Grantors reserve all of the off, gas and sulphur in and under the land hereto conveyed but waive all rights of mg.~ss and egress to ,~e surface thereof for the purpose of exploring, developing, mmmg or clnll~ug for same, however, nothing m th~s reservatton shall affect the title and rights of the State to take and use al~ other minerals and materials thereon, thereto and thereunder Texas D~pmm~nt of Trans~..~ti~..~ Form D*15-14 Pa~iof3 l~v 9/91 TO ~VE ~ TO HOLD ~ ~es h~m ~scn~d ~d hereto conveyed to~cr w~ ~om~ ~.n~ts ~d ~~ ~to m ~y wise ~longmg ~to myer, ~a ur~to~ do ~ brad o~v~, ~r he~, exe~m~, ~tors, succ~so~ ~d  to W~t ~d F~ ~fmd ~ ~d s~!sr ~e s~d ~es h~m co~ey~ ~m &e Stae of ~oi ~ ~SS ~REOF, ~ ~ent ~ ~cu~d on ~ ~e day of , ,19 ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF, , BF.~ORI~ Iris, the undersigned, a Notm'y Public, on this day petsol~lly appenred . , , known to me (or proved tO me on the Oath of , a c~-dtble wimess,) to be the person(s) whose name(s) m (a~) subscribed to the ~)mgomg tmtmment and acknowledged to me ~hat he/she/~hey executed the same for the pmpo~.s and comtderaUon thomtn expw. ased. OIVEN UNDER MY HAND AND SEAL OF OFFICE, th~s day of ,19 Notary Pubhc, -~tato of Texas My ~mrant~l~m ~m~ aa ~ dayof , IR__ CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, } COUNTY OF } BEFORE ME, itl~ .ndemt~aed, a Notary Public, on this day personally appeared of. . , known to me to be the pemon and oflioer whosu name is subsgnlbed to the foregoing instrument and acknowledged to me that the same wns the act of tl~ said , a corpornlion, that he/she was duly authorized to perI'oi~i ~he same by appropriate re~olution of the boant of directors of such corporation and thnt h~/she exeonted tl~ same as the n~t of such On~poredon for ti,,, perposes and consaletaflon thereto expressed, and in the capncity GIVI!LN' LrNDBR MY HAND AND SBAL OF OIZ/~ICE, this day of ,1~ My Comnusuion expizes on the day of ,19 To~as DepManent of Transj~ Form D~i$-t4 Page3 ors Rev After recording please return this Instrument to: CERTIFICATE OF RECORDING THE STATE OF TEXAS, } COUNTY OF }