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1997-223¢ \docs\ord\tripp ord ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH BOB. E. TRIPP, TRUSTEE, DAVID E. TRIPP, TRUSTEE AND CELIA TRIPP REID, TRUSTEE, FOR THE PURCHASE OF APPROXIMATELY 1.302 ACRE TRACT OF LAND KNOWN AS PARCEL NO. 39, PART ! & 2, U.S. HIGHWAY 77, DENTON, DENTON COUNTY, TEXAS FOR THE U S. HIGHWAY WIDENING PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ~ That the City Manager is hereby authorized to execute a Real Estate Contract with Bob E. Trlpp, Trustee, David E. Trlpp, Trustee and Cella Trlpp Reid, Trustee for the purchase of approximately 1.302 acre of land known as Parcel No 39, Part 1 & 2, U.S. Highway 77, Denton, Denton County, Texas for the U S Highway Widening Project, a copy of which is attached hereto and incorporated by reference herein. ~ That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement. ~ That this ordinance shall become effective Immediately upon its passage and approval PASSED AND APPROVED this the~ day of 1997 JACK/~M~LLER, MAYOR 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 Bob E Trlpp, Trustee, David E Trlpp, Trustee and Celia Trlpp Reid, Trustee (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereInaf- ter 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 property, 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 hereinaf- ter 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 $30,230 00 2 PaymeDt 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 trans- actions 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 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 t~tle as set forth in the Co~mltment 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 is unable to do so within ten (10) days after receipt of written notice, th~s Agreement shall thereupon be null and void for all purposes, otherwise, th~s condition shall be deemed to be acceptable and any ob3ectlon 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 l~censed Texas land surveyor acceptable to Purchaser The survey shall be staked on the ground, and shall show the location of all ~mprovements, h~ghways, 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 w~th a metes and bounds descrIption thereof Purchaser w~ll have ten (10) days after receipt of the survey to revlew and approve the survey In the event the survey ~s unacceptable, then Purchaser shall w~thln the ten (10) day period, give Seller written notice of th~s fact Seller shall, at Seller's option, promptly undertake to ellmlnate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser In the event Seller ~s unable to do so within ten (10) days after receipt of written not~ce, Purchaser may terminate th~s Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the T~tle Company to Purchaser Purchaser's fallure to g~ve Seller th~s written notice shall be deemed to be Purchaser's acceptance of the survey 3 Seller's Compliance Seller shall have performed, ob- served, and complled with all of the covenants, agreements, and conditions requlred by th~s Agreement to be performed, observed, and complled 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 warrant~es shall be deemed made by Seller to Purchaser also as of the closing date 1 There are no part~es ~n possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other part~es 2 Except for the prlor actions of Purchaser, there is no pending or threatened condemnation or s~m~lar proceeding or asses- sment or suit, affecting t~tle to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceedlng or assessment contemplated by any governmental author~- AEE008FE PAGE 2 3 Seller has complzed wzth 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 August 29, 1997, 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 Reaulrements At the closing Seller shall A Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee smmple to all of the Property, free and clear of any and all liens, encumbrances, condmtlons, easements, assessments, and restrictions, except for the following 1 General real estate taxes for the year of closmng and subsequent years not yet due and payable, 2 Any exceptmons approved by Purchaser pursuant to P~rchaser's ObliGations here- of, and 3 Any exceptions approved by Purchaser in wrltmng B Deliver to Purchaser a Texas Owner's Policy of Tmtle Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company"), or such tmtle company as Seller and Purchaser may mutually agree upon, mn 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 excep- tmons listed mn C~osln~ Reaumrements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptmons contamned in the usual form of Texas Owner's Policy of Title Insurance, provided, however ~ AEE008FE PAGE 3 1 The boundary and survey exceptions shall be deleted af required by Purchaser and zf so required, the costs assoclated wzth same shall be borne by Seller, 2 The exceptaon as to restrlctave cove- nants shall be endorsed "None of Record", 3 The exceptaon for taxes shall be llmated 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 closang 2 P~rchaser's Reauarements Purchaser shall pay the consld~rataon as referenced in the "Purchase Price" section of this contraat at Closang an zmmedlately available funds 3 ~ Seller shall pay all taxes assessed by any tax collection authority through the date of Closang All other costs and expenses of closing in consummatzng the sale and purchase of the Property not specifically allocated herezn shall be paid by Purchaser and Seller REAL ESTATE COMMISSION Any real estate commasslons occasioned by the consummation of thas Agreement shall be the sole respons~bzllty of Seller, and Seller agrees to zndemnafy and hold harmless Purchaser from any and all clazms for these commzssaons BREACH BY SELLER In the event Seller shall fall to fully and tamely perform any of ars obllgatzons hereunder or shall fall to consummate the sale of the,Property except Purchaser's default, Purchaser may either enforce speclfzc performance of th~s Agreement or termznate th~s Agreement by wratten notace 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 an PURCHASER' S OBLIGATIONS having been satisfied and Purchaser beang an default Seller may either enforce speczflc performance of thas Agreement, or terminate this Agreement by wratten hOrace delivered to purchaser ~ AEE008F~ PAGE 4 MISCELLANEOUS 1 As$1qsment of AGreement This Agreement may not be assigned by Purchaser without the express written consent of Seller 2 $~rvlval of Covenants Any of the representations, war- rantles, covenants, and agreements of the parties, as well as any rights and benefits of the part~es, pertaining to a per~od of time following the closing of the transactzons contemplated hereby shall survive the closzng and shall not be merged therein 3 Notzce Any not~ce required or permitted to be delivered hereunder shall be deemed received when sent by United States mall, postage, prepaid, certified mall, return receipt requested, addres- sed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party 4 Tex~s Law to Apply Th~s 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 Denton County, Texas 5 ~ This Agreement shall be bmndlng upon and inure to the benefit of the parties and their respective helrs, executors, admznlstrators, legal representatives, successors and assigns, where permztted by this Agreement 6 ~eqal Construction In case any one or more of the pro- visions' contained ~n thzs Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, lllegalzty, or unenforceabzlmty shall not affect any other provlslon hereof, and thls Agreement shall be construed as the invalid, lllegal, or unenforceable provision had never been contained herein 7 prior AGreements Superseded This Agreement constitutes the sole and only agreement of the partzes and supersedes any prior unders%andlngs or wrztten or oral agreements between the parties respecting the wzthln subject matter 8 1 e f e e Time is of the essence ~n th~s A~reement 9 Gender Words of any gender used ~n th~s Agreement shall be held and construed to include any other gender, and words zn the s~ngular number shall be held to mnclude the plural, and vzce versa, unless the context requires otherwise 10 Memorandum of Contract Upon request of ezther party, both parties shall promptly execute a memorandum of this Agreement suitable for f~llng of record AEE008FE PAGE 5 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 selection 12. T~me L~mlt 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 delivers same to Sel- ler, Purchaser shall have the right to terminate th~s Agreement upon written notice to Seller DATED th~s ~ day of ~ , 1997 SELLER PURCHASER Bob E T~App,_~r~stee Ted Benavides ~~,~ V~'~7 C~ty Manager 215 E McK~nney b~d ~ Trlpp~ Trustee Denton, Texas 76201 ~el~a Trlpp ~dld, Trustee STATE OF TEXAS COUNTY OF DENTON T~ Instrument was acknowledged before me on this 6~ day of ~ , 1997 by Bob E Trl~p~T~ustee ' f-"~F""~,;'"~%%"% ,JOAN" POOLE [ Notary ~~ for the ~ O0~ OE D~O~ ~S ~nstrument was acknowledged before me on th~s ~ day of ~/~ , 1997 by Davld E Tr~pp~Trustee~ -- NOTARY PUBLIC STATE OF TEXAS STATE OF TEXAS COUNTY OF DENTON trument was acknowledged before me on this ~ ~- day ofm~ns , 1997 by Cella Trlpp Reid, Trustee ~:,~;) N0mr,,ublic, SmledTexas ~ Notar~Publlc ~n and for the My Commission ~plres 04 30 1998~ State of Texas STATE OF TEXAS COUNTY OF DENTON 6_,~'~ T~ instrument is acknowledged before me, on this day of~ , 1997 by Ted Benav~des, City Manager, of the Ci'ty c~f Denton, a municipal corporation, known to me to be the person and officer whose name ~s subscribed to the foregoing instrument and acknowledged to me that the same was the act of the sa~d City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by approprlate ordinance of the C~ty Council of the C~ty of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and ~n the capacity therel~ated~_~,j ~ ~'~ MN FORS~HE ~ Notary Publ the ~'~,~,,,~)My 0~1~:~9~1~C~ State of Texas ~ AEE008F~ PAG~ 7 EXHIBIT "A' County Denton Page 1 of 2 Highway U.S. 77 Project Limits From I.H. 35 Rev December 2, 1994 To U.S. 380 CSJ O195-02-040 Account FIELD NOTES FOR PARCEL 39 PART I BEING A PARCEL OF LAND SITUATED IN A CALLED 128 691-ACRE TRAC~T OF LAND CONVEYED TO BOB E TRIPP AND DAVID E. TRIPP, TRUSTEES, RECORDED IN VOLUME 996, PAGE 376, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE B B B. & C R R SURVEY, ABSTRACT NO 186, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a found h~ghway monument being the most easterly northeast corner of sa~d Tnpp tract and said point being on the existing west right of way line of FM 2164, THENCE S 00° 53' 0S" E, along the east line of said Tripp tract and the existing west right of way hne of FM 2164, a distance of 101 54 feet to an angle point, THENCE S 00° 19' 08" E, continuing along said common line, a distance of 33.30 feet to an angle point, THENCE S 01 o 01' 52" W, continuing along said common line, a distance of 706 02 feet to a 5/8-inch ~ron rod w~th an aluminum cap set for a corner chp in the new north right of way of FM 2164, THENCE S 46° 13' 28" W, crossing said Tripp tract and along the new north r~ght of way line of FM 2164, a d~stance of 25 00 feet to a sst 5/8-inch iron rod w~th an aluminum cap, said point being on the south I~ne of said Tnpp tract and l~he north line of a called 5-acrs tract of land conveyed tO W C Orr, recorded in Volume 197, Page 75, DRDCT, and being in the new north right of way line of FM 2164, THENCE N 88 o 46' 32" W, along the south line of said Trlpp tract and the north line of said Orr tract and the new north right of way line of FM 2164, a distance of 369 04 feet to a sst 5/8-inch iron rod with an aluminum cap being the POINT OF BEGINNING and sa~d point being on the new north right of way line of U S 77, {1 ) THENCE N 880 46' 32" W, along a line common to said Tripp tract and sa~d Orr tract, a d~stance of 153 22 feet to a point on the existing north right of way hne of U S 77, (2) THENCE N 52° 00' 33" W, along a line common to said Trlpp tract and the ex.sting north nght of way line of U.S 77, e distance of 47.61 feet to the begmmng of a circular curve to the left having a radius of 1057 37 feet, (3) THENCE northwesterly along said curve to the left, common to said Trlpp tract and the existing north right of way line of U.S. 77, through a delta angle of 08° 35' 11', an arc distance of 168 46 feet, and having a chord which bears N 54° 01' 32' W, a d~etance of 158 31 feet to · point of tangency, {4) THENCE N 58° 19' 08' W, continuing with said common line, · distance of 645 85 feet to a found concrete monument, (5) THENCE N 58° 36' 39' W, continuing with said common line, a distance of 112 87 feet to a point being the intersection of the existing north right of way line of U S. 77 and the existing east line of Windsor Drive (e 60 foot right of wey}, and being in a non-tangent circular curve to the left having s radius of 570 83 feet, j~0 EXHIBIT 'A* County Denton Page 2 of 2 Highway U.S. 77 Project Limits From I.H. 35 Rev December 2, 1994 To U.S. 380 CSJ 0195-02-040 Account ~ FIELD NOTES FOR PARCEL 39 PART 1 (6) THENCE northeasterly, along a curve to the left common to smd Tnpp and the east nght of way line of Windsor Dnve, through e delta angle of 03° 39' 37', an arc d~stance of 36 47, and hawng a chord which bears N 35° 07' 45" E, s distance of 36 46 feet to a set 5/8-tach iron rod w~th an aluminum cap, same being s point on the new north right of way line of U S 77; (7) THENCE S 17° 01' 30" E, along the new north right of way hne of U S 77, a distance of 20 12 feet to a set 5/8-inch ~ron rod with an aluminum cap, being ~n a non-tangent c~rcular curve to the left having a radius of 3759 72 feet, (8) THENCE eoutheastarly, along the new north right of way line of U S 77 w~th said curve to the left, through a delta angle of 01 o 28' 32', an arc distance of 96 83 feet, and having a chord which bears S 840 57' 38" E, a distance of 98 83 feet to a set 5/8-inch iron rod w~th an aluminum cap, being a point of reverse curvature to the right hawng a radius of 3879 72 feet, (9) THENCE southeasterly, along the new north right of way line of U S 77 with smd curve to the right, through a delta angle of 07° 56' 19", an arc distance of 537 58 feet, and hawng a chord which bears S 61° 43' 45" E, a distance of 537 13 feet to a set 5/8-tach iron rod w~th an aluminum cap, (10) THENCE S 58° 08' 49' E, along the new north right of way hne of U S. 77, a distance of 105 52 feet to a set 5/8-tach iron rod with an aluminum cap, being the beglnmng of a c~rcular curve to the right having a radius of 908 09 feet; (11) THENCE southeasterly, along the new north right of way line of U S 77 with said curve to the right, through s delta angle of 10° 29' 49', an arc distance of 195 98 feet, and hawng a chord which bears S 52° 29' 53' E, a distance of 165 75 feet to a set 5/8-inch iron rod w~th an aluminum cap, being s poln~ of reverse curvature to the left hawng a radius of 334 46 feet, (12) THENCE southeasterly, along the new north right of way line of U S 77 with said curve to the left, through e delta angle of 30° 33' 59", an arc distance of 178 42 feet, and having a chord which bears S 62° 13' 39" E, a distance of 176 31 feet to the POINT OF BEGINNING, and containing 1 298 acres, or 56,948 square feet of land, more or less John F Wilder,I R.P.L.S. Date Texas No 4285 EXHIBIT 'A" County Denton Page 1 of 1 Highway U.S. 77 Project Emits From I.H. 35 Rev November 28, 1994 To U.S. 380 CSJ 0195-02-040 Account FIELD NOTES FOR PARCEL 39 PART 2 BEING A TRIANGLE SHAPED PARCEL OF LAND SITUATED IN A CALLED 125 891-ACRE TRACT OF LAND CONVEYED TO BOB E TRIPPAND DAVID E TRIPP, TRUSTEES, RECORDED IN VOLUME 996, PAGE 376, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE B B B & C R R SURVEY, ABSTRACT NO' 186, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a found highway monument being the moat eaatarly northeast corner of satd Tnpp tract and sa~d point being on the existing west right of way line of FM 2164, THENCE S 00° 53' 06" E, along the east II~le of said Trlpp tract and the existing west right of way line of FM 2164, a distance of 101 54 feet to an angle point, THENCE S 00° 19' 08" E, continuing along said common line, a distance of 33 30 feet to an angle point, THENCE S 01 o 01' 52" W, continuing along said common line, a diatanco of 706 02 feet to a 5/8-inch ~ron rod with an aluminum cap set for a corner clip in the new north right of way of FM 2164 and the POINT OF BEGINNING, (1) THENCE S 01 o 01' 52" W, along a line common to said Tnpp tract and the ex~st~ng west right of way line of FM 2164, a distance of 17.68 feet to a point, being the southeast corner of sa~d Tripp tract and the northeast corner of a 5-acre tract of land conveyed to W C Orr, recorded m Volume 197, Page 75, DRDC'I', (2) THENCE N 88° 46' 32" W, along a hne common to said Tnpp tract and said Orr tract, a distance of 17 74 feet to · set 5/8-inch iron rod with an aluminum cap in the new north nght of way line ef F.M 2184, (3) THENCE N 46° 13' 28" crossing said Tripp tract and along the new north nght of way line of F M 2154, a distance of 25 00 feet to the POINT OF BEGINNING, and containing 0 004 acre or 157 square feet of land, more or less John F W~lder, 'R P L S Date Texas No 4285