Loading...
1998-354F \ SH ARED\DEIrI~LOL\Our Docu rmnt~\Contract sk9 8kBur eh Mullahs R~al Estato O ANCENO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARY ANN BURCH AND MITCH EDWIN MULLENS, RELATING TO THE PURCHASE OF A 0 157 ACRE OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 18), 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 C~ty Manager Is hereby authorized to execute a Real Estate Contract,between the C~ty and Mary Ann Burch and Mltch Edwin Mullens, in substantially the form of the Real Estate Contract which ~s attached to and made a part of th~s ordinance for all purposes, for the purchase ora 0 157 acre of land for the expansion ofU S H~ghway 77 (Parcel 18) SECTION II That the C~ty Manager is authorized to make the expenditures as set forth m the attached Real Estate Contract ~ That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the (~.~_~-' day of /~'-~ ,1998 JA~/MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY REAL ESTATE CONTRA(:T STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Mary Ann Burch and Mltch Edwin Mullens (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule munlclpallty, 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 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 s~b3ect 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 $3834.00 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 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 AEE008FE PAGE -- 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 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 ob]ectlon 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 llcensed 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 is unacceptable, then Purchaser shall w~thln 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 w~th by Seller prior to or as of the closing. AEEO08FE 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 part~es. 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 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 w~th~n 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 L~ab~lity Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex T~tle Company on or before November 30, 1998, or at such t~tle 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 Co~umlsslon 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 l~ens, encumbrances, conditions, easements, assessments, and restrictions, except for the following AEE008FE PAGE 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 "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 subject 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 Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately avaslable funds. AEE008FE PAGE - 3. ClosIn9 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. 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 fail 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 fail 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- ranties, 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. AEE008FE PAGE -- 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 1n Denton County, Texas. 5. Parties Bound. Th~s 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. Legal Construction. In case any one or more of the pro- visions contained 1n this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceab~llty 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 Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandlngs or wrltten or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in thls 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. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. 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 select~on. 12. T~me Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser w~thln ten (10) days after Purchaser executes this Agreement and dellvers same to Sel- ler, Purchaser shall have the right to terminate th~s Agreement upon written not~ce to Seller. AEE008FE PAGE SELLER PURCHASER / THE CITY OF DENTON, TEX~ ~l~ch EdW~ln Mullens Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON T hls~~nt is acknowledged before me, on this ~ ~ day of , 1998 by Michael W. Jez, City Manager, of the City ~f Denton, a munIcipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing lnstruraent 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 City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. N ~ar~y p~~ ~ [, t~ ~ J'J ldyOommmlcn~xplme K ~,:~h~o~'/~/ ~A¥','00~ the State of Tex~s STATE OF TEXAS COUNTY OF DENTON ~.. Th~/lpstrument is acknowledged before me, on this /-~ day of ~.~/~/u~ , 1998 by Mary Ann Burch. the State of Texas AEE008FE PAGE _ STATE OF TEXAS COUNTY OF DENTON T~&strument is acknowledged Mb~ii~i~d~f~r dayof , 1998 by Mltch Edwin '~ ~G~N.%~ the State of Texas AEE008FE PAGE EXHIBIT County Denton Page 1 of 1 Highway U.S. 77 Project Umita From I.H. 35 Rev. October 27, 1994 To U.S. 38Q CSJ. O195-02 Account RELD NOTES FOR PARCEL 18 BEING A PARCEL OF LAND SITUATED IN A CALLED 0 520-ACRE TRACT CONVEYED TO REZA SABRI, RECORDED IN VOLUME 1700, PAGE 648, 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 5/8-inch Iron rod for the northwest comer of said Sabri tract, sams being the northeast comer of a tract of land conveyed to Kenneth L Davidaon and wife, Helen L Davldaon, recorded in Volume 584, Page 326, DRDCT; THENCE S 35° 38' 17' W, along a line common to said Sabri tract and said Davidson tract, a distance of 155 62 feet to a set 5/8-Inch iron rod with an aluminum cap, being the POINT OF BEGINNING and also being a point on the new north right of way line of U.S 77; (1) THENCE S 58° 11' 38' E, along the new north right of way line of U.S 77, a distance of 111 18 feet to a set 5/8-1nch iron rod with an aluminum cap, same being a point on the east line of sa~d Sebrl tract and the west line of a 0,336-acre tract of land conveyed to Dennis Michael Baker and wife, Becky Ann De La Houaaaye Baker, recorded in Volume 890, Page 526, DRDCT, (2) THENCE S 33° 15' 50' W, along a line common to 8aid Sabri tract and said Baker tract, paas~ng at 30 51 feet a found 1/2-inch Iron rod, in all a distance of 60.52 feet to a point, being the Southeast comer of said Ssbri tract, the southwest corner of aa;d Baker tract, and said point being on the existing north right of way line of U S 77, (3) THENCE N 58° 37' 59' W, along · line common to said Sabri tract and the existing north right of way line of U.S 77, a distance of 113.76 feet to a point, being the southwest comer of said Sabri tract, and the socthsast comer of said Davldson tract; (4) THENCE N 38° 38' 17" E, along a line common to said Sabri tract and ea~d Davldaon tract, gassing at 34.00 feet a found I/2-1nch iron rod, In all a distance of 61 51 feet to the POINT OF BEGINNING, and containing 0.157 acrs, or 6,852 square fact of land, mora or less, of which 3,566 square feet are in s prescriptive right of way of U.S 77 John F Wilder, R P.L S Date Texas No 4285 of the County of , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of ~nhih ....... Dollars ($ . . ) to Oramors ~n p. am .oy mo, ~tat~. o.rl exes, acting by and through ~ Texas. Trampo~,tlon Commission, receipt of cn ~s nemoy acxnow~enged, and for which no lien is mtomed, either ex~resssd or imvHed, have th£~ dny Sold and by theso presents do (]rant, Bargain, Sell and ConVey unto th; State of Tex'as nli th-a.t-cert---am unct or percel of land in Coun~ Tex~ more -nm.-,,so,~,, hlblt "A," which is attached hereto and incorponued burein '~;r any n~d nH p~0ose'~s. tie to mo following unpmvements located an tim property described in said Extubit "A," to wit. Grantors covenant and agn~o to removo the ~boVe-descnbed improvements fxom smd land by the . da), of , ,19 , subject, however, to such extensions of ume as nuty ~ granted by the Stato in writing; md if, for any reason, Orantors fail or mfose to remove same within satd period of time prescribed, then, without any fur, her comideration, the title to nH or any part of such improvements not so removed shall pnss to and vest in tim Stem of Texu forever G..nmtors reserve nH of the oil, gan and sulphur in and under tho land hereto conveyed but waive aH nghts ofmgreas end ogress to the smface thereof for tim. purpose of explo.ri~, g, developing, mining or drilUng for shine; however, nothing in this reservation shall affect the tide and rights of the Stem to take and use ail other minerals and materials thereon, therein and thereunder. Texas Depamneat of Tflmsposmion HA~ AND TO HOLD the premises herein described an.d herein conveyed together with all and TO .fl.t =d h =m unto. ~O~Vel~ ~n(! O/'sntoll ao flel'eDy Dm(I OIII~IV~, O111' h~LrS, ~xecuto~, nrimmL~zllto~8, ~!1cce8so13 ~KI ,~e8ns M W..an~t .and Fo .~er Defend all and.singular tho. sai!l' ~es here~ oo?.ey .~. unto tho State of xas _a~_d itS aSSlgm asamst every perfofl wflomsoevet lawliLuy etn~mm& ot to cimm me same or any pan thereofjby through or under Orancors but not otherwise. IN wITNEsS WHEREOF, this instrument is e~cutod on tim the day of ACKNOWLEDGMENT ~E STA~ OF TE~S, ) CO~ OF~ j B~O~ ,~ ~ ~e~, a No~ ~b~o, ~ ~ ~y ~o~y ~e~d , ~own to me (or pwved to me ~ ~ o~ of , a ~ble ~s,) to b~ ~ ~on(s) whose ~e(s) ~ (~) ~ to ~ fo~g ~ ~ ~1~ to me ~ ~ey ~ ~ s~e for ~e O~ ~ MY ~ ~ S~ OF O~, ~s ~y of ,19 Homy Publlo, Stale o~ Texa~ bIF Commbdart =~us oa gu dsyof ,19 ************************************************************************************ CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, cocu, rr~' o~, BEFORR MH, Ibe und~st~n~d, a Notav/Public, on this day pe~o,,-~[y appea~d of , Imown to me Io be t[~ p~llOfl 81~ ofl~c~'who~e mm~ ia ~tlb~(~l~bed, M ~ fol~OIng hli, tllmlent alid at:lttlowl~lged tO me t~ b Salne duly authodzM to ~ tim same by appmp~ tmolutim of ihs boml of dl~:to~ of such co--on and that I~fha OlVIIR UNDBR MY HAND AND SEAL OF OFPICIL ~hf, , day of ,19 Notw/Publ~ $t~e o~ My Commission ~.xFlna on tho ,. day of ,19=__ Texas Depnffmeat d Transportation Ponn D. IS-14 Paso 3 of 3 Rev. After recording please return this Instrument to: CERTIFICATE OF RECORDING THE STATE OF TEXAS, COU171~ o~