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 }