1997-314AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND L A NELSON, JR, RELATING TO THE PURCHASE OF 0 233 ACRES OF
LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PEC-4 TRIBUTARY
OF PECAN CREEK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That the C~ty Manager is hereby authorized to execute a Real Estate Con-
tract between the Cxty and L A Nelson, Jr, m substantmlly 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 of 0 233
acres of land for constructing drmnage ~mprovements m the PEC-4 Tributary of Pecan Creek
SECTION II That the C~ty Manager as authorized to make the expenditures as set forth
~n the attached Real Estate Contract
~ That th~s ordinance shall become effective lmmedmtely upon ~ts passage
and approval
JACK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
e \does\ord~nel$on real estate contract
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between L A Nelson, Jr
(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 condltlons 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 consisting of 0 233 acres of land, more or less, as
described in Exhibit "A" attached hereto, together with all rights
and appurtenances pertaining to the sa~d property, including any
right, title and interest of Seller ~n and to ad3acent 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 Purchaser to pay all closing cost, Purchaser assumes
payment for all ad valorem taxes due and payable (including 1997),
Purchaser assumes payment of mowing lien recorded in Volume 2157,
Page 549 R P R D C T , Purchaser assumes payment of pavement
assessment recorded in Volume 589, Page 587, D R D C T ,
PURCHASE PRICE
1 Amount of Purchase Price The purchase price for the
Property shall be the sum of $8,464 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 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 g~ve 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 1s or ~s hot satisfactory In the event Purchaser
states the condltlon of title 1s not satisfactory, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable sat~sfactlon of Purchaser
Purchaser understands that Seller ~s under no obllgat~on to
cure any tltle defects complained of by Purchaser stated in
Purchaser's wrltten not~ce to Seller as provided in this
paragraph In the event Seller is unable to do so w~thln ten
(10) days after receipt of wrltten notlce, this Agreement shall
thereupon be null and void for all purposes, otherwise, this
conditlon 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 llcensed Texas land surveyor acceptable to Purchaser The
survey shall be staked on the ground, and shall show the location
of all improvements, hlghways, streets, roads, railroads, rivers,
creeks, or other water courses, fences, easements, and r~ghts-of-
way on or ad]acent to the Property, 1f any, and shall contain the
surveyor's certlficatlon that there are no encroachments on the
Property and shall set forth the number of total acres comprising
the Property, together wlth 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 is
unacceptable, then Purchaser shall within the ten (10) day per~od,
give Seller written notlce of this fact Seller shall, at Seller's
optlon, promptly undertake to ellmlnate or modify the unacceptable
port~ons of the survey to the reasonable satisfaction of Purchaser
In the event Seller is unable to do so w~th~n ten (10) days after
recelpt of written not~ce, Purchaser may termlnate thls Agreement,
and the Agreement shall thereupon be null and vold for all
purposes Purchaser's fallure to g~ve Seller this wrltten notlce
shall be deemed to be Purchaser's acceptance of the survey
3 Seller's ComDllance Seller shall have performed, ob-
served, and complied w~th all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied wlth by Seller prior to or as of the closing
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser, to the best
of lts current knowledge, as follows, which representatlons and
warranties shall be deemed made by Seller to Purchaser also as of
the closing date
i There are no parties ~n possession of any port~on of the
Property as lessees, tenants at sufferance, trespassers or other
parties
AEE0095A PAGE
2 Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment or suit, affecting title to the Property, or any part
thereof, nor to the best knowledge and belief of Seller ~s any such
proceeding or assessment contemplated by any governmental authori-
ty
3 Seller has complied with 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 (RCP~A), as amended, and the
Comprehensive Environmental Response Compensation and Liability Act
(CERCLA), as amended
CLOSING
The closing shall be held at the off~ce of Dentex Title
Company, 300 N Elm, Suite 101, Denton, Texas on or before October
31, 1997, (which date is herein referred to as the "closing date")
CLOSING REQUIREMENTS
1 Seller's Requirements At the closing Seller shall
A Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all l~ens, encumbrances, conditions, assessments, and
restrictions, except for the following
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 "T~tle Company"),
Purchaser's favor in the full amount of the purchase price,
insuring Purchaser's fee simple title to the Property
subject only to those title exceptions listed in Clo~lnq
~eau~rements hereof, such other exceptions as may be
AEE0095A PAGE 3
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 Seller,
2 The exception as to restrictive cove-
nants shall be endorsed "None of Record",
3 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 Reaulrements Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of this
contract at Closing in Immediately available funds
3 Closlna 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
REAL ESTATE COMMISSION
Any real estate commissions occasIoned by the consummation of
thzs Agreement shall be the sole responsibility of Seller, to the
extent Seller has agreed to pay any such real estate commission in
writing, and Seller agrees to zndemnzfy and hold Purchaser harmless
from any and all claims for any such commissions
BREACH BY SELLER
In the event Seller shall fall to fully and tzmely perform any
of its obligations hereunder or shall fall to consummate the sale
of the Property except Purchaser's default, Purchaser as its sole
and exclusive remedy may either enforce speczfzc performance of
th~s Agreement or terminate thzs 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 obllgatzons set
forth in PURCHASER'S OBLIGATIONS havzng been satisfied and
Purchaser being in default Seller as its sole and exclusive remedy
AEE0095A PAGE 4
may enforce specific performance of this Agreement, or terminate
this Agreement by written notice delivered to Purchaser
MISCELLANEOUS PROVISIONS
1 Ass~qnment of A~reement Th~s Agreement may not be
assigned by Purchaser w~thout 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 rlghts and benefits of the parties, pertalnlng to a per~od of
time followlng the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein
3 Notlce Any notlce requlred 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 Texa~ Law to APPLY Th~s Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obllgatlons of the parties created hereunder are performable ~n
Denton County, Texas
5 Part~es Bound Th~s Agreement shall be b~nd~ng upon and
inure to the benefit of the part~es and their respective legal
representatives, successors and assigns where permitted by this
Agreement
6 Legal Construction In case any one or more of the pro-
v~slons contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, said in-
validity, ~llegallty, or unenforceabll~ty shall not affect any
other provlslon hereof, and this Agreement shall be construed as ~f
the invalid, ~llegal, or unenforceable provision had never been
contained here~n
7 Prior A~reements Superseded Th~s Agreement constitutes
the sole and only agreement of the parties and supersedes any prior
understandings or wrltten or oral agreements between the parties
respecting the wlthln subject matter
8 Time of Essence T~me is of the essence ~n th~s Agreement
9 Gender Words of any gender used in th~s Agreement shall
be held and construed to include any other gender, and words in the
s~ngular number shall be held to include the plural, and v~ce
versa, unless the context requires otherwise
AEE0095A PAGE 5
10 Compliance In accordance with the requirements of the
Texas Real Estate License Act, Purchaser Ks hereby advised that it
should be furnzshed with or obtaln a policy of tztle insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection
11 Tame Llmzt In the event a fully executed copy of th~s
Agreement has not been returned to Purchaser wzthln ten (10) days
after Purchaser executes thzs Agreement and delivers same to Sel-
ler, Purchaser shall have the r~ght to terminate this Agreement
upon written notice to Seller
DATED this ~ day of ~ , 1997
PURCHASER
THE CITY OF DENTON, TEXAS
Ted Benavldes
City Manager
215 E McKlnney
Denton, Texas 76201
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
SELLER
L A Nelson, Jr
AEE0095A PAGE 6
EXt'EBIT "A'
PROPERTY DESCRIPTION
BEING A 0 233 OF AN ACRE OF LAND SITUATED IN THE H SISCO SURVEY, A-I 184, DENTON COUNTY,
TEXAS ~AID ACREAGE ALSO BEING TH~ REMAINDER OF A TRACT OF LAND CONVEYED TO L A.
NELSON, JR. ACCORDING TO TH~ DI~D RECORDED IN VOLIJME 1504, PAGE 141, DEED RECORDS,
DEiVrON COUNTY, TEXAS SAID ACI~AGE IS MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS
BEGINNING AT A 5/8 INCH IRON POD SET IN THE SOUTH ~ OF SAID NELSON TRACT FROM
WHLTNC]~ TH~ I1N'i'/~4~SECTION OF TH~ ORIGINAL EAST RIGHT-OF-WAY LINE OF BRADSHAW STREET
WITH TI~ SOUTH LINE OF SAID SISCO SURVv~Y BEARS (BY D~n CALL) S 00°02'03"E, 60 00 FL~T A/qD
S Sg°5?'~?'W, 5 00 ~_~'r SA~D 5/S INCH IRON ROD ALSO BEING AT TH~ SO~T CORNER. OF A
TRACT OF LAND CON'V~YI~) TO TH~ CITY OF DENTON ACCORDING TO THE DEF, D RECORDF_D IN
VOLUME $72, PAGI~ 694, SAID D~n RF-CORDS,
T~I~NCE N 00°02'03" W ALONG TH~ EAST LINE OF SAID CITY TRACT, 70 00 FI~T TO A 5/8 INCH IRON
ROD SET IN TH~ NORTH LIN~ OF SAID NELSON PROPERTY,
THENCE N 89 ° 57'57" E ALONG SAID NORTH LINE, 145 00 FF_~T TO ~ NORTHEAST CORNER OF SAID
NELSON[ TRACT,
THENCE S 00°02'03" E ALONGTH~ FAST LIN~ OF SAID NELSON TRACT, 70 00 FF~T TO A 5/8 INCH IRON
ROD SET FOR ~ SOUTHEAST C_~ OF SAID NELSON TRACT,
THENCE $ 89 °57'57' W ALONG THE SOUTH ~ OF SAID NELSON TRACT, 145 00 FF_~T TO THE POINT
OF BEGINNING AND CONTAINING 0 233 OF AN ACRE OF LAND