1997-315AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND EVA B JOHNSON RELATING TO THE PURCHASE OF 0 30 ACRES OF
LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PEC-4 TRIBUTARY
OF PECAN CREEK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND
PROVIDINO AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to execute a Real Estate Con-
tract between the City and Eva B Johnson, in substantially the form of the Real Estate Contract
wtuch is attached to and made a part of this ordinance for all purposes, for the purchase of 0 30
acres of land for constructing drmnage improvements in the PEC-4 Tributary of Pecan Creek
~ That the City Manager is authorized to make the expenditures as set forth
in the attached Real Estate Contract
~ That th~s ordinance shall become effective immediately upon Its passage
and approval
PASSED AND APPROVED this the, ~2~/~'~ day of O~tg~ ~'~ ,1907
JACK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
A OV ;
HERBERT L PROUTY, CITY ATTORNEY
c \docs\ord'~ohnson reft estate contract
R~A~ ~.STA?~. CO~VfRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Eva B Johnson
(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a
home rule munlclpallty, of Denton, Denton County, Texas, (herelnaf-
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 certazn tract, lot or
parcel of land conszstzng of 0 30 acres of land, more or less, as
descrzbed zn Exhibit "A" attached hereto, together with all rzghts
and appurtenances pertalnzng to the sazd property, zncludzng any
rzght, tztle and interest of Seller in and to adjacent streets
alleys or rights-of-way (all of such real property, rzghts, and
appurtenances bezng heremnafter referred to as the "Property"),
together wzth any zmprovements, fixtures, and personal property
sztuated on and attached to the Property, for the conszderatzon and
upon and subject to the terms, provzsmons, and condztzons hereinaf-
ter set forth Purchaser zs assumzng responslbzlzty for Items No
13, 14, 16, 17 and 18 lzsted on Schedule C, Commztment for Tztle
Insurance (GF No 97-1818S) attached to and made apart of this
contract ("Purchaser's Oblzgatzons")
PURCHASE PRICE
1 Amount of Purchase Przce The purchase przce for the
Property shall be the sum of $2,000 00
2 payment of Purchase Przce The full amount of the Purchase
Przce shall be payable zn cash at the closzng
PURCIqASER'S OBLIGATIONS
The oblzgatzons of Purchaser hereunder to consummate the trans-
actmons contemplated hereby are subject to the satzsfactzon of each
of the followzng condztzons any of whzch may be waived zn whole or
zn part by Purchaser at or przor to the closzng
1 ~rellmznarv Tztle Report w~th~n twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Tztle Company (hereznafter defined) to issue a
owners policy commztment (the "Commitment") accompanied by copies
of all recorded documents relatzng to easements, rzghts-of-way,
etc , affectzng the Property Purchaser shall gzve Seller wrztten
notzce on or before the expzratlon of ten (10) days after Purchaser
recezves the Commztment that the condmtzon of tztle as set forth zn
the Commztment zs or zs not satzsfactory 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 sat~sfactlon of Purchaser
Purchaser understands that Seller ~s under no obllgat~on to
cure any t~tle defects complained of by Purchaser stated in
Purchaser's written notice to Seller as provided ~n thls
paragraph. In the event Seller is unable to do so within ten
(10) days after receipt of written notlce, th~s Agreement shall
thereupon be null and void for all purposes, otherwise, th~s
condition 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, obtaln a current survey of the Property, prepared by a
duly licensed 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 r~ghts-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 compr~slng
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~th~n the ten (10) day per~od,
give Seller written notice of thls fact Seller shall, at Seller's
option, promptly undertake to eliminate or modify the unacceptable
port~ons of the survey to the reasonable satisfaction of Purchaser
In the event Seller is unable to do so wlth~n ten (10) days after
receipt of written not~ce, Purchaser may terminate th~s Agreement,
and the Agreement shall thereupon be null and vold for all
purposes Purchaser's failure to g~ve Seller thls 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 w~th all of the covenants, agreements, and
conditions required by th~s Agreement to be performed, observed,
and complied w/th 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 its current knowledge, as follows, which representations and
warranties shall be deemed made by Seller to Purchaser also as of
the closing date.
i There are no part~es in possession of any port~on of the
Property as lessees, tenants at sufferance, trespassers or other
part~es.
AEE009~ PA(~E 2
2 Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceedlng or asses-
sment or suit, affecting title to the Property, or any part
thereof, nor to the best knowledge and belief of Seller ls any such
proceeding or assessment contemplated by any governmental author1-
3 Seller has complied wlth all applicable laws, ordinances,
regulations, statutes, rules and restr~ctlons 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~thln the Property Such
toxic Or hazardous wastes or materials ~nclude, but are not l~m~ted
to, h~zardous materials or wastes as same are defined by the
ResourCe Conservation and Recovery Act (RCRA), as amended, and the
Comprehensive Environmental Response Compensation and Llab~lity Act
(CERCLA), as amended
CLOSING
The closing shall be held at the off~ce of Dentex T~tle
Company, 300 N Elm, Suite 101, Denton, Texas on or before November
26, 1997, (which date is hereln referred to as the "closlng date")
CLOSING REQUIREMENTS
i Seller's Re=ulrements At the closing Seller shall
A Dellver to Purchaser a duly executed and acknowledged
~eneral Warranty Deed conveying good and marketable tltle
in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditlons, assessments, and
restrictions, except for the following
1. Any exceptions approved by Purchaser
pursuant to Purchaser's Obliaat~ons here-
of, and
2. Any except/OhS approved by Purchaser
in writing
B. Deliver to Purchaser a Texas Owner's Policy of Title
Insurance at Purchaser's sole expense, ~ssued by Dentex
Title Company, Denton, Texas, (the "Title Company"), in
Purchaser's favor in the full amount of the purchase price,
insuring Purchaser's fee s~mple t~tle to the Property
subject only to those title exceptions listed In ~
~ hereof, such other exceptions as may be
approved in writ/ngbyPurchaser, and the standard printed
exceptlons contained in the usual form of Texas Owner's
Policy of Title Insurance, provided, however
AEE0095E PAGE 3
i The boundary and survey exceptions
shall be deleted ~f required by Purchaser,
and ~f 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 exceptzon as to liens encumbering
the Property shall be endorsed "None of
Record" other than those set forth ~n
"Purchaser's Obliaations"
C Deliver to Purchaser possession of the Property on the
day of closing
2 ~rchaser's Re=uirements Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of th~s
contract at Closing in immediately available funds
All other costs and expenses of closing ~n consummating the
sale and purchase of the Property not specifically allocated here~n
shall be paid by Purchaser
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
th~s Agreement shall be the sole respons~bll~ty of Seller, to the
extent Seller has agreed to pay any such real estate commission ~n
writing, and Seller agrees to indemnify and hold Purchaser harmless
from any and all claims for any such commissions
BREACH BY SELLER
In the event Seller shall fail to fully and t~mely perform any
of ~ts obligatzons hereunder or shall fall to consummate the sale
of the Property except Purchaser's default, Purchaser as ~ts sole
and exclusmve remedy may either enforce speczfzc performance of
this Agreement or terminate this Agreement by wrmtten not~ce
delivered to Seller.
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase
of the Property, the condzt~ons to Purchaser's obl~gatmons set
forth in PURCHASER'S OBLIGATIONS havzng been satzsfied and
Purchaser being in default Seller as its sole and exclusive remedy
may enforce specific performance of th~s Agreement, or termznate
thzs Agreement by written not~ce delivered to Purchaser
AEE0095E PAGE 4
MISCELLANEOUS PROVISIONS
I ~ianment of Aareement This Agreement may not be
assigned by Purchaser without the express written consent of
Seller
2 ~rv~val of Covenants Any of the representations, war-
rant~es, covenants, and agreements of the parties, as well as
any r~ghts and benefits of the parties, pertaining to a per~od of
time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged there~n
3 Notice Any notice required or permitted to be delivered
hereunder shall be deemed received when sent byUnlted States ma~l,
postage prepaid, cert~fled mail, return receipt requested, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the s~gnature of the party
4 Texas Law to ADDlv Thls Agreement shall be construed
under and in accordance wzth the laws of the State of Texas, and
all obligations of the parties created hereunder are performable ~n
Denton County,'Texas
5 ~rties Bound This Agreement shall be b~nd~ng upon and
· nure to the benefit of the part~es and their respective legal
representatives, successors and assigns where permitted by this
Agreement
6 ~aal Construction In case any one or more of the pro-
v~slons contained in thlsAgreement shall for any reason be held to
be invalid, illegal, or unenforceable ~n any respect, sa~d in-
validity, illegal~ty, or unenforceabil~ty shall not affect any
other provision hereof, and th~s Agreement shall be construed as if
the invalid, illegal, or unenforceable prov~slon had never been
contained herein
7 Prior Aareements Superseded This Agreement constitutes
the sole and only agreement of the parties and supersedes any prior
understandings or wrztten or oral agreements between the parties
respecting the within subject matter
8 ~ Time is of the essence ~n th~s Agreement
9 ~ender Words of any gender used ~n this Agreement shall
be held and =onstrued to include any other gender, and words ~n the
s~ngular number shall be held to include the plural, and vice
versa, unless the context requires otherwise
10. Compliance In accordance with the requirements of the
Texas Real Estate License Act, Purchaser ~s hereby advised that it
should be furnished with or obtain a policy of t~tle Insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own select~on
AEE0095E PA~E 5
11 ~ In the event a fully executed copy of this
Agreement has not been returned to Purchaser within ten (10) days
after Purchaser executes this Agreement and del~vers same to Sel-
ler, Purchaser shall have the right to terminate th~s Agreement
upon written notice t~Seller
PURCHASER
THE CITY OF DENTON, TEXAS
City Manager
215 E McKinney
Denton, Texas 76201
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM.
HERBERT L PROUTY, CITY ATTORNEY
SELLER
Eva B. J
AEE0095E PAGE 6
Ail that certain lot, tract or parcel of land being a portion of
the Hiram sisco Survey, situated in the city of Denton, Denton
County, Texas, and described as follows:
BBGZHNZHG at · point Ln the g.H. line of BL'adehew' Street, 2S8 feet no~th o~ t~e B.W.
D T. Ke=edA~h and wale, ~o M. ~. Sheppa=d by deed dated May
ZaPh, Z~4S, ~he beginning point beAng the S.W. ~o~ne= o~ a
~o~ Ioonveye4 ~o MGDadel
T~gNcB tae~ wASh HoDAdG'e 8.e. ~Lne 150 ~ee~ ~o HoDade'o
THBNC~ S~u~h, paraZleZ wAth ~ B.a. line of B~adshaw S~FeeC, 90
THENCE Wes~,
fee~ for corner in the E.B. line of Bradshaw Street
THENCE North' wi~h
plaoe or begAnfling.
SAVE & EXCEPT: Ail that certain lo~, tract or parcel of land lying
and being situate~ in =he City and County of Denton, State of
Texas, being a part of the H. Sisco Survey, Abstract No. 1184, and
bexng a part of a certain tract of land conveyed by Dr. M.C.
Sheppa=d to Wm. Smi=h by deed da=ed ~arch 20, ~94~, and recorded in
Volume 322, Page S73, of the Deed Records of Denton County, Texas,
and being more par=xcularly described as follows, to-wit:
Beginning at the northwest corner of said Wm. Smith tract, said
point of be~inning being 100 fee~ south of the ~ntersection of the
east ri~ht-of-way line of Bradshaw Street and the south right-of-
way line of Prairie Street, said point of be~innin~ bein~ in the
east right-of-way line of said Bradshaw Street;
Thence South, with the wes~ boundary line of said Wm. Smith tract,
90 fee= =oa point for a corner at ~he sou=hwest corner of said Wm.
Smxth tract;
Thence East with the south boundary line of sa~d Wm. Smith tract,
S feet to a point for corner ~ feet east of and perpendicular to
the west boundary line of said Wm. Smith tract;
Thence North; S feet east of and parallel with the west boundary
line of said Wm. Smith tract, 90 feet to a point for a corner in
the north boundary line of said Wm. Smith tract;
Thence West, with =he notch boundary lxne of sa~d Wm. smith tract,
5 feet ~o =he place of beginning and contaxnin~ 0.009 acres of
land, more or less.
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-- ~TY OF DENTON
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Fort Worth, Te~e~ 76102
p XBFNRTI 2~ P~fl~ IR~Y~F~-RA~F
COmmITMENT POR TITLE INSURANCE
SCREDULE C
G.P. No.: 97-1818S
Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from the
following requirements that will appear as Exceptions in Schedule B of the PolicT,
unless you dispose of these matters to our satisfaction, before the date the Policy is
issued:
! Doc,,mAnts creating your title or interest must he approved by us and must be
signed, notarized and filed for record.
2 Satisfactory evidence must be provided that:
no person occupying the land claims any interest in that land against the
persons ~amad in paragraph 3 of Schedule A,
all standby fees, taxes, assessments and charges against the property have been
paid~
all improvements or repairs to the property are completed and accepted by
owner, and that all contractors, subcontractors, laborers and suppliers have
been fully paid, end that no mechanic' s, laborer's or materialman' s liens have
attached to the property,
- there is legal right of access to and from the land,
- (on a Mortgagee Policy only) restrictions have not been end will not be
violated that affect the validity and priority of the insured mortgage
3. You must pay the seller or borrower the agreed amount for your property or interest
4. Any defect, lien or othsrmatter that may affect title =o the land or interest
insured~ that arises or is filed after the effective date of this Comm4tment
5. Upon receipt of a survey aoceptable to Company end upon payment of all the
expenses fn connection with the survey end the applicable premium~ ff any, Item 2 of
Schedule B will be deleted except for "shortages in area," subject to any additional
exceptions revealed by the survey.
6 Upon payment of the applicable premium~ Paragraph 3 of Schedule B of any
~{ortgagee Title Policy or ~ortgagee Title Policy Binder on Interim Construction Loan
will be amended to read as follows: "Standby fees, taxes and assessments by any
taxing authority for the year 1997 and subsequent years"
7. Upon payment of the applicable premium, Paragraph 3 of Schedule B of any
~ortgegee Title Policy or }~ortgagee Title Policy Binder on Interim Construction Loan
will be amended to include the following language: "Company insures that standby
fees, taxes and assessments by any taxing authority for the year 1997 are not yet
due and payable."
8. Note to all buyers, sellers, borrowers, lenders and all parties having an
interest in the transaction covered by this commitment. The following constitutes a
major change in the procedures and requirements for disbursement of funds pursuant
to this transaotior~
The State Board of Insurance has adopted Article 9.39A disbursement from trust fund
accounts an~ Procedural Rule P-27 which requires that sufficient "good fun~s" be
received and deposited to the trust fund account before disbursment. "Good funds"
is defined in part as: 1. cash or wire transfers~ 2. certified checks, cashier's
checks and teller's chacks~ 3. uncertifisd funds in amounts less than $1500.00,
includin$ personal checks, travelers checks, money orders, and negotiable orders of
FOR~ Commitment-Schedule C Effective January 1, 1993
CONTINUATION OF SCHEDULE
G.F. No..' 97-1818S
withdrawal; provided multiple i~e~ shall no= be ~ed ~o avoid =he $1500.00
li~ta~om and 4. un~ertifie4 funds in a~unts of $1500.00 or ~re, drafts and any
e=ept~ aho~ under Sohed~e B =he=eof.
recen~ ~mprove~n~s~ ~ ~ny~ or ~nder UCC
~2. ~d~c~o~ C~oa~nS ~q~re~n~s (3 pass ~o~m)
all para,es in ~s ~ra~ac~io~
Notice of ~sess~nt for s:ree= ~in:enance filed Au~t 15, 1969, and recorded
in Volu~ 589, Pa~e 587, D~sd ~cords of Denton Oounty, Te~s. ~QUI~. P~TI~
~LE~E
No=~ce of Liem
~0~
1. $~0~00 Volu~ 2157, PaSs 5~5 ~y ~8, 1987'
2. $305,00 Vol~ 2569 PaSs 655 ~y 0~, 1989'
3. $160.00 Volu~ 2799 PaSs 482 Ju~ 19~ ~990'
4. $~5,00 Volu~ 2869 PaSs 725 O==. 18, 1990'
5. $~20~00 Volu~ 2963 Pass 088 Apr. 18, ~991'
6. $115~00 Volu~ 2963 PaSs 216 Apr. 18, 1991'
7. $115~00 Volu~ 3069 PaSs 035 Sep 30,
8. $1~5.00 Volu~ 3174 PaSs 593 ~r. 06~ ~992'
9. $~15.00 Volu~ 3202 PaSs 04~ Apr. 10, ~992'
10. $113~00 ClerWs ~93-R0060537 AuS. 31, ~993'
~1. $~13.00 Cle=Ws ~93-R0083976 Nov. ~8, ~993'
12. $115.00 ClerWs ~:94-R0087968 Nov. 29, 1994'
13. $~05.00 Cle=Ws ~95-~0057610 Sep. 15~ [995'
~4. $105.O0 ClerWs ~96-K00~2122 Feb. 23, ~996'
FOR~ Commitment-Schedule C Effective Jenuar7 1, 1993
CONTINUATION OF SCHEDULE C
G.F. No.~ 97-1818S
15 $105.00 Clerk's #~96-R0057684 Au$ 20, 1996'
16. $105.00 Cle~k's ~:96-R0059456 Aug. 26, X996'
17. $110.00 Clerk's ~.'97-R0044313 J~. 02, 1997'
18. $110.00 Clerk's ~97-R0053622 Au~. 06, 1997'
*Real Property ~cords of Denton County, Te~s.
~Q~NT~ PAINT &
Bankruptcies.
JOHNSON SS~308-6~,-7886 (~D-ODES) ~705~8M DEC. 21, 1990
SS~54-06-25~9 (AUSTIN) ~10161A J~. 18, ~996
SS~464-1~-5028 " " " " "
SS~N/A " ~11262A ~Y 02, 1996
~Q~ ~idavit ~th proper identification to affirm that EVA B. JONSON is
not the sa~ person as any of =hose who are parties to any of the above ~ntione~
bankruptcies OK require evidence t~t they have authority =o enter into the
tra~ac:~on
In Ca~e No. 80-2580-B, styled "DE~ON CO~TY vs. ~LLI~ S~TH, ET ~", Tax
Lien is requested in Plantiffs' original petition. ~QUI~= PAINT ~ DIS~SS~ OF
S~T AT LE~T ~ ,F~ ~ S~JECT PROPERTY IS CONCERNED.
In Ca~m No. ~0-2860-~ ~6:h Judicial District Court of Denton County~ Te~s,
styled "DENTON ~CO~TY vs. ~LLX~ S~TH", Tax Lien is requested in Planttffs'
ori~i~l petitio~ ~QUI~: PAINT ~ DIS~SS~ OF S~T AT LE~T ~ F~ ~ S~JECT
PROPERTY IS CONCEDED.
In Ca~e No. 90-1018, $67th Judicial District Court of Denton ~ounty, Te~s,
styled "DENTON XSD, ~T ~ vs. ~VA B. JONSON, ET ~", Tax Lien ~s requested in
Plantiffs' ori~i~l petitio~ ~QUI~ PAINT ~D DIS~SS~ OF S~T AT LE~T ~ F~
~ S~JECT PROPE~Y lS CONCERNED.
FORb~ Co~mdtment-Schedule C Effective January 1, 1993