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