1998-332AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND CHARLES TERRY WILLHOITE, RELATING TO THE PURCHASE OF
0 080 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 30),
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 Charles Terry Wfllholte, in substantially the form of the Real
Estate Contract whmh ~s attached to and made a part of this ordinance for all purposes, for the
purchase of 0 080 acres of land for the expansion ofU S H~ghway 77 (Parcel 30)
SECTION II That the C~ty Manager is authorized to make the expenditures as set forth
in the attached Real Estate Contract
SECTION III That this ordinance shall become effective lmmedmtely upon its passage
and approval
PASSED AND APPROVED tlus the ~ 7/''-~ (~_~-1~4~~'-
day of ,1998
JAC[~'~ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTO~Y
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and Charles Terry Wlllholte
(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
ad3acent streets, alleys or rights-of-way (all of such real prop-
erty, 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 $3,989.00
2 Payment 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 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 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 Co~tmitment that the condition of title 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 eliminate or modify all unacceptable matters to the
reasonable satisfaction of Purchaser. In the event Seller
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 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 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 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 nua~er 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
period, give Seller written notice of this 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 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 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 Compliance. Seller shall have performed, ob-
served, 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 be deemed
AEE008FE PAGE 2
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 t~tle 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,
regulatlons, 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 w~thln 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
L1abll~ty Act (CERCLA), as amended.
CLOSING
The closing shall be held at the office of Dentex Title
Company on or before November 30, 1998, or at such title company,
time, date, and place as Seller and Purchaser may mutually agree
upon (whlch 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
Exhlblt "B" conveying good and marketable title to all of
the Property, free and clear of any and all liens,
encumbrances, conditions, easements, assessments, and
restrictlons, except for the following
1. General real estate taxes for the
year of closing and subsequent years not
yet due and payable,
2. Any exceptlons approved by Purchaser
AEE008FE PAGE 3
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 "Title Company"), or
such title company as Seller and Purchaser may mutually
agree upon, in Purchaser's favor in the full amount of
the purchase price, insuring fee simple title for the
State of Texas to the Property sub3ect only to those
title exceptions listed in Closln9 Requirements hereof,
such other exceptions as may be approved in writing by
Purchaser, and the standard printed 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 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 Reql/lrements. 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. 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.
AEE008FE PAGE 4
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
th~s 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 th~s Agreement or
terminate th~s 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 ~n 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 not~ce delivered to purchaser.
MISCELLANEOUS
1. Assignment of Agreement. Th~s 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 part~es, as well as any
rights and benefits of the parties, pertaining to a period of
time following the closlng of the transactions contemplated
hereby shall survive the closing and shall not be merged therein
3. Not~ce. Any not~ce required or permitted to be delivered
hereunder shall be deemed received when sent by United States
mall, postage prepaid, certlfled 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. Th~s Agreement shall be construed
under and ~n accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable
· n Denton County, Texas.
AEE008FE PAGE 5
5. Parties Bound. This Agreement shall be binding upon and
Inure to the benefit of the parties and their respective he~rs,
executors, administrators, legal representatives, successors and
assigns where permitted by thls Agreement.
6. Legal Constructlon. In case any one or more of the pro-
visions contained ~n this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, said ln-
valldlty, illegality, or unenforceab~l~ty shall not affect any
other provision hereof, and this Agreement shall be construed as
if the Invalid, illegal, or unenforceable provls~on had never
been contained herein.
7. Prior A~reements Superseded. This Agreement constitutes
the sole and only agreement of the part~es and supersedes any
prior understandings or written or oral agreements between the
partles respecting the within subject matter.
8. Time of Essence. Time ~s of the essence ~n th~s
Agreement.
9. Gender. Words of any gender used in this Agreement shall
be held and construed to ~nclude any other gender, and words in
the slngular number shall be held to include the plural, and vice
versa, unless the context requires otherwise
10. Memorandum of Contract. Upon request of e~ther party,
both parties shall promptly execute a memorandum of this
Agreement suitable for filing of record.
ll. Compliance. In accordance with 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 insurance
or Purchaser should have the abstract covering the Property
examined by an attorney of Purchaser's own selection.
12. T~me Limit. 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 Sel-
ler, Purchaser shall have the rlght to terminate th~s Agreement
upon written not~ce to Seller.
AEE008FE PAGE 6
SELLER ~ PURCHASER
~ THE CITY OF DENTON, TEX~
Ch~rle, ~e~y /~' i~sty~/'.~cKa~n///ey
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
Th~s instrument is acknowle.dged .b~for~e me, on this ~--~ day of
~, 1998 by M//;~/~/~/, ~, City Manager, of the
City of Denton, a municlpal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing
~nstrument and acknowledged to me that the same was the act of
the said C~ty of Denton, Texas, a municipal corporation, that he
was duly authorized to perform the same by approprIate ordinance
of the C~ty 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
cons~deratlon therein expressed, and /~n the capacity there~n
stated. // ~ /
STATE OF TEXAS
COUNTY OF DENTON
on this ~7~ day of
T s 1,strument ~s acknowledged before me,
~, , 1998 by Charles Terr~; Wlllholte.
Q N~'ar~ ~ubl~c ~n and for
ROGER #. WILKI#$ON the State of Texas
AEE008FE PAGE 7
EXHIBIT "A"
County Denton Page I of 1
Highway IJ.S. 77
Project Umita From I.H. 36 Rev November 28, 1994
TO U.S. 380
CSJ 0196-02-
Account
FIELD NOTES FOR PARCEL 30
BEING A PARCEL OF LAND SITUATED IN A CALLED 0.688-ACRE TRACT OF LAND CONVEYED TO CHIPING LEE
AND WIFE, PEY B"l I ~' LEE, RECORDED IN VOLUME 1345, PAGE 920, 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 st s found fence comer poet for the northwest comer of said Lee tract and said pmnt
bmng on the existing east right of way line of Donna Street;
THENCE S 01 o 55' 54' W, along the existing east right of way line of Donna Street and west property line of
smd Lee tract, a distance of 182 61 feet to · ~ B/8-1n~h iron rod w~th en aluminum cap for the POINT OF
BEGINNING, same being s point on the new north right of way line of U.S 77 and In a non-tangent clmulsr curve
to the right having s radius of 2924 79 feet,
(1) THENCE southeasterly, along the new north right of way line of U S 77 with said curve to the
right, through · delta angle of 02° 48' 30', an am al,stance of 143 35 feet, end having a chord
which bears S 84° 13' 28' E, s distance of 143 34 feet to a sat 5/8-inch iron md with an
aluminum cap, being a point of tangency,
(2) THENCE S E2° 49' 14" E, with the new north right of way line of U S 77, a distance of 19 46
feat to s set 518-Inch Iron rod with an aluminum cap, being the beginning of a cimular curve to
the left hswng s radius of 2804.79 feet;
(3) THENCE southeasterly, with the new ~torth right of way line of U.S 77 along said curve to the
left, through a delta angle of 00° 08' 43", an am distance of 7 11 feet, and having a chord which
bears S 52° 53' 35" E, a distance of 7.11 feet to a set 518-inch iron rod with an aluminum cap,
said point being on the east line of Mid Lee tract, and west line of a tract of land conveyed to
Donald Edwin Gibson and w.fe, Gertrude Gibson, ee recorded in Volume 524, Page 802, DRDCT,
{4) THENCE S 01 o 14' 08" W, along a line common to said Lee tract and said Gibson tract, a
distance of 18.09 feet to s found 1/2-1nch iron rod for the southeast comer of sa~d Lee tract,
eeme being the southwest comer of said Gibson tract, and said point being on the existing north
right of way line of U.S. 77;
(5) THENCE N 58° 32' 05" W, along e line common to said Lee tract and existing north right of way
line of said U.S. 77, · distance of 162 00 feet to the southwest comer of celd Lee tract, same
being s point on the existing east right of way line of Donna Street,
(6) THENCE N 01 o 56' 54' E, along · line common to Mid Lee tract and existing east right of way
line of said Donna Street, a distance of 31.39 feet to the POINT OF BEGINNING, and containing
0.080 acre, or 3,465 square feet of land, moro or less
John F W, lder, R P L.S ,~ ~"~'~'~;~'~ Data
Texas No 4285
w,LD R
Texas DepmrUnene of Tfaa~portaUon EXHIBIT "B'
Norm D-15-14
PeS~ 1 of 3 Rov 9~1
DEED
~ 8TA~ OF ~ }
}
CO~ OF } ~OW ALL MEN BY T~SE PRESENT~:
of the County of , State of Texas, hereinafter referred to as Grantors, whether
one or more, for and in consideration of the sum of,
Dollars ($. ) to Grantors
in hand paid by the State of Texas, acting by and through the Texas Transportation Comrmssion, receipt of
which ~s hereby acknowledged, and for which no hen ~s retained, either expressed or unphed, have
day Sold and by these }~resents do Grant, Bargain, Sell and Convey unto the State of Texas ail that certain
tract ,o,r p,,a~_..el of land m County, Texas, more pamcularly dascnbed tn Ex-
lubit A, wluch ~s attached hereto and incorporated hereto for any and nil purposes
SAVE and EXCEPT, HOWEVER, it ~s expressly understood and agreed that Grantors are retaining
t~tle to the following Improvements located on tho property descnhed in smd Extubit "A," to wit
Grantors covenant and agree to remove the above-described unprovements from said land by the
day of, ,19 , subject, however, to such extensions of tune as may he granted
by the State in writing, and tf, for any reason, Grantors fatl or refuse to remove same within sa~d period of
tune prescribed, then, without any further consuterat~on, the tttle to ail 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 od, gas and sulphur m and under the land hereto conveyed but waive all nghts
of mgress and egress.to .the surface thereof for the purpose of explonng, developing, mmmE or chilling for
same, however, nothing m th~ reservation shall affect the title and rights of the State to take and use all
other mmerals and materials thereon, thereto and thereunder
Texas Depaflment of Tnms~omtion
Form D-15-14
Pase2of3 Rev 9/91
TO HAVE AND TO HOLD the premises herein descnbed end hereto conveyed together with all and
singular the rights end appunenanc, es thereto m eny wise belonging unto the State o£Texas and its assigns
forever, and Grantors do hereby brad ourselves, our ho~rs, executors, adnumstrators, successors and as-
signs to Warrant end Norever Defend all end smguhr the saxl prorates hereto conveyed unto the State of
Texas end zts asszgns against ever~ person whomsoever lawfully clennmg or to clash the same or eny part
thereof
IN WITNESS WHEREOF, tins mstrumem ~s executed on tins the day o£
,19
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF
BEFORE ME, ~he undersigned, a Nota~ Pubhc, on this day personify appeared
, known to me (or proved
to me on the oath of , a c~edible wlmess,) to be the person(s) whose
name(s) is (al~) subscribed to ~he folegomg/mtn~mm and acknowledged to me that he/she/they executed the same for the
GIVEN UNDER MY HAND ~ SEAL ON OFFICE, this day of ,
Nota~ Pubhc, State of Texas
My Commmmon exph~ m tho dayof ,19
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS, }
CO~ O~
B~O~ ~, ~ u~i~, a Not~ Pubic, on ~ ~y ~o~y ~pe~d
of , ~own to
me m ~ ~e ~on ~ o~ who~ ~me ~ mb~ to ~ forgoing ~ent ~ a~lMgM to ~ ~ ~ ~e
w~ ~ act of ~ s~d , a co~omuon, ~t h~s~ w~
dMy ~ to ~ ~ sine by ~ ~olufi~ of ~ ~ of ~to~ of ~ c~on md ~ ~/she
~ ~ ~e ~ ~ m of~ c~ f~ ~ ~ ~i~ ~e~ ~ ~ ~ ~p~s~
O~ ~ MY ~ ~ S~ ON O~, ~s ~y of ,19
Notary Public, Stem of Tom
My Commission expLres on the day of ,19
Tins Depmm~nt of Transpomt/on
Norm D-15-14 -
Paso3of3 Rev 9/~1
After recording please return this instrument to:
CERT~iCATE OF RECORDING
THE STATE OF TEXAS, }
COUNTY OF