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~