1993-061- -"E:\WPDOCS\WORK\SULLIVAN.ORD
ORDINANCE NO. 9-3-0(,91
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SUCCESSIVE OPTION
AGREEMENT WITH ROGER C. SULLIVAN AND ROGER C. SULLIVAN COMPANY, A
TEXAS CORPORATION FOR THE PURCHASE OF 134.6 ACRES OF LAND FOR
FUTURE EXPANSION OF THE CITY OF DENTON LANDFILL; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute a
Successive Option Agreement with Roger C. Sullivan and Roger C.
Sullivan Company, a Texas corporation for the purchase of 134.6
acres of land for the future expansion of the City of Denton land-
fill, a copy of which is attached hereto and incorporated by refer-
ence herein.
SECTION II. That the City Council hereby authorizes the expen-
diture of funds in the manner and amount as specified in the
Successive Option Agreement.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the ~ day of
1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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NOV 16 1994
sF cn
t~. i
COUNTY CLERK
Filed for Record in:
DENTON COUNTY, TX
HONORABLE TIM HODGES/COUNTY
CLERK
RETURN TO. City of Denton
215 E. McKinney
Denton, TX 76201
ATTN: Ro,&sr N. Wilkinson
On Nov 16 1994
At 10:45am
Doc/Hum : 94-ROO85892
Doc/Type : OR
Recording: 6.00
Doc/Mgmt 33139
Receippt *:CHRISTI
Y -CHRISTI
j:\wpdocs\k\su11ivan.k
085893
SUCCESSIVE OPTION
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT made this h day of April , 1993,
at Denton, Denton County, Texas, by, Roger C. Sullivan, indivi-
dually and Roger C. Sullivan Company, a Texas corporation (here-
inafter referred to as "Optionor") and the City of Denton, Texas,
a home rule municipality (hereinafter referred to as "Optionee").
RECITALS
WHEREAS, Optionor is the owner of certain real property located
in Denton County, Texas, hereinafter referred to as the property,
said property being approximately 134 acres described in Exhibit A,
which is attached hereto and by this reference made a part hereof;
and
WHEREAS, Optionee desires to acquire the exclusive right to
purchase, without becoming obligated to purchase, the parcel that
comprises the property, at an agreed price and under specified
terms and conditions:
THEREFORE, it is agreed as follows:
GRANT OF SUCCESSIVE OPTIONS
1. In consideration of $10,000.00, receipt of which is hereby
acknowledged, Optionor hereby grants to Optionee the exclusive
right and option to purchase the parcel or parcels comprising the
property at the price described in the Real Estate Contract on file
with the City Attorney's office, and approved as to form by the
City Attorney on April 6, 1993 and within the time limitations
specified in paragraph 2.
2. The option to purchase the property shall commence as of
the time of execution of this contract and continue until midnight
on uecemner 31. 1993, provided, however, this option may be con-
tinued by the Optionee from year to year thereafter for an addi-
tional period of two (2) consecutive years by the payment or tender
by the Optionee to the Optionor of the sum of $10,000.00 per year
on or before the first day of each and every year thereafter. The
first such yearly payment being due and payable on or before
January 1. 1994, and the second such yearly payment being due and
payable on or before January 1, 1995.
APPLICATION OF CONSIDERATION TO PURCHASE PRICE
1. If this option is exercised in accordance with the terms
hereof, it is specifically understood and agreed that the consider-
ation paid to Optionor by Optionee shall apply toward the purchase
price.
2. Further, if the option is extended, of the consideration
paid to Optionor by Optionee for any extensions of this option
shall apply toward the purchase price.
RETENTION OF CONSIDERATION
If this option or any extension thereof is not exercised, all
sums paid to Optionor by Optionee shall be retained by Optionor in
consideration of the granting of this option.
EXERCISE OF OPTION
Optionee may exercise this option by execution and tendering to
Optionor the Real Estate Contract on file with the City Attorney's
office and approved as to form by the City Attorney on April 6,
1993. Optionor shall forthwith execute, acknowledge and deliver to
Optionee an executed and acknowledged copy of said contract within
five (5) days.
AUTOMATIC TERMINATION
If Optionee fails to exercise the option in accordance with the
terms of the Agreement within the option period or any extension
thereof, then the option to purchase granted by this Agreement, and
the rights hereunder of Optionee, shall automatically and immedi-
ately terminate without notice.
RECORDATION OF AGREEMENT
It is agreed and understood that this Agreement or a memorandum
of same may be executed, acknowledged and recorded in the Real
r*Operty Records of Denton County, Texas to evidence Optionee's
interest in the property.
USE OF LAND DURING OPTION PERIOD
During the option period or any extension thereof, Optionee
shall be authorized to use the property at any time hereafter to
map, engineer, make soil tests and make engineering surveys on the
property the subject of this Agreement.
ASSIGNABILITY
No assignment of this Agreement or of any right or duty accru-
ing under this Agreement shall be made, in whole or in part, by
Page 2
either party without the prior written consent of the other party,
provided, however, that nothing in this paragraph shall impair
Optionee's right to convey lands acquired from Optiqnor pursuant to
this Agreement.
BREACH BY OPTIONOR
In the event Optionor shall fail to fully and timely execute
the Real Estate Contract within five (5) days after Optionee has
properly exercised its option hereunder, or should Optionor fail to
properly fulfill its obligations under said Real Estate Contract or
this Agreement, except by reason of Optionee's default thereunder,
then in such event Optionee may enforce specific performance
hereof.
WAIVER OF RIGHT TO ENCUMBER
Optionor agrees that he will not encumber the property, either
voluntarily or involuntarily, during the term of this Successive
Option Agreement.
RIGHT OF OPTIONEE TO CLEAR TITLE DEFECTS
If Optionor fails to clear the title to the extent required by
the Real Estate Contract or to submit evidence of Optionor's
ability to clear the title prior to the closing, and such failure
to clear the title continues for sixty (60) days after the date of
the exercise of this option to purchase by Optionee, Optionee may
clear the title to the extent so required and charge the cost of
clearing of title to Optionor or, at the option of Optionee,
Optionee may terminate this Successive Option Agreement or real
estate contract, whichever is applicable, by giving ten (10) days
notice to Optionor.
OPTIONEE'S RIGHTS IN FORECLOSURE
Should Optionor receive notice of foreclosure, Optionor will
advise Optionee of same within seventy two (72) hours of Optionor's
receipt of such notice. Should Optionee purchase the forty (40)
percent interest in the property as a result of a foreclosure, the
Optionor agrees the purchase price shall be reduced by the price
the Optionee pays at foreclosure for such interest to a maximum of
forty (40) percent of the purchase price.
NOTICES
Unless otherwise provided herein, any notice, tender, or de-
livery to be given hereunder by either party to the other may be
effected in writing by personal delivery or by registered or cer-
tified mail, postage prepaid, return receipt requested, and shall
be deemed received as of the date of mailing. Mailed notices shall
Page 3
be addressed as set forth below, but each party may change his ad-
dress by written notice in accordance with this paragraph.
To Optionor: Roger C. Sullivan
350 N. St. Paul, Suite 2500
Dallas, TX 75201
To Optionee: City of Denton
ATTN: City Manager
215 E. McKinney
Denton, TX 76201
ENTIRE AGREEMENT
This Successive Option Agreement contains the entire agreement
between the parties relating to the option herein granted. Any
oral representations or modifications concerning this Successive
Option Agreement shall be of no force and effect, excepting a sub-
sequent modification in writing, signed by the parties.
BINDING EFFECT
This Successive Option Agreement shall bind and inure to the
benefit of all heirs, personal representatives, successors, and as-
signs of the parties hereto. Any agreements contained herein be-
tween Optionor and Optionee shall survive the exercise of this Suc-
cessive option Agreement and continue to be effective as if con-
tained within the terms of the Real Estate Contract, and are hereby
incorporated therein.
IN WITNESS WHEREOF, the parties hereto have executed this Suc-
cessive Option Agreement the day and year first above written.
OPTIONOR OPTIONOR
ROGER C. SULLIV!N COMPANY ROGER La S LIVAN,
a Tie s Corp o one ndivif -
B R er C. Sullivan, President R er C. Sullivan
OPTIONEE
CITY OF DENTON, TEXAS
By:
Page 4
STATE OF TEXAS
COUNTY OF DALLAS
This Tument was acknowledged before me on ~
by Roger C. Sullivan.
DOLORES K. KRUG t
Notary Pudic
STATE OF TGX NOTARY PUBLIC IN AND R TEX-Ad
My Comm. Ex). _ :OFi93 : ;
STATE OF TEXAS
COUNTY OF DALLAS
Th ~3~ s rument was acknowledged before me on
by Roger C. Sullivan, President Roger
Sullivan Company, a Texas Corporation.
DOLORES K.KRUG§
Notary Public
STATE Or TEXAS
My Comm. Exp. 10;04193:
eC~J i~
OTARY PUBLIC IN AND 'OR TS
STATE OF TEXAS
COUNTY OF DENTON
This.in trument is acknowledged fore a on
yf b
of the city of Denton, a mun c 1 corpo-
ration, known to me to be the person and officer wh se name is
subscribed to the foregoing instrument 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 purpose
and consideration therein expressed, and in the capacity therein
stated.
GIVEN DER , HAND AND SEAL OF OFFICE this day of
19!i!q_
JENNIFER K WALTERS
* * An t~'E~uws AR LI IN AND FOR TEXAS
s
My cornmMm E>~Ires
December 19,199
4
Page 5
.
.
EXHIBIT "A"
BEING all that certain lot, tract or parcel of land situated in the
G. Walker Survey, Abstract 1330, Denton County, Texas, and being the
same called 144,6 acre tract conveyed by Henry Wilds, and wife to
Julius Opitz on September 27, 1909, as shown of record in Volume 114,
Page 84, Deed Records of said county and being more particularly
described as follows:
BEGINNING at the Southeast corner of the above mentioned 144.6 acre tract;
THENCE North 86 deg. 36 min. 24 sec. West, along and near a fence part
of the way and along the middle of a public road, 3505.55 feet to a
point in the right-of-way of Mayhill Road, point also being on the West
boundary line of said Walker Survey;
THENCE North 03, deg. 36 min, 50 sec, East, in said right-of-way of said
Mayhill Road and along the West boundary line of said Walker Survey,
1797,22 ft. to a point for a corner;
THENCE South 86 deg. 28 min, 30 sec.. East, along and near a fence, 3494.44
feet to a fence corner;
THENCE South 03 deg; 15 min. 32 sec. West, along and near a fence, 1789.19
ft, to the PLACE OF BEGINNING and containing 144,082 acres of land.
PAGE 1 of 2
i
EXHIBIT 'A'
SAVE AND EXCEPT:
Being a tract of land situated in the G, Walker Survey Abstract No. 1330 Denton
County, Texas and being a part of the tract described in the Deed from Gary Hancock to
Roger C, Sullivan and Robert H. Heiser recorded in Volume 970, Page 88 of the Deed
Records, Denton County, Texas; the subject tract being more particularly described as
followsl
BEGINNING for the Southwest corner of the tract being described herein, at an 1/2 inch
iron rod set in Edwards Road in the occupied South line of the Sullivan and Heiser
tract South 88 degrees 29 minutes 00 seconds East a distance of 707.75 feet from the
apparent Southwest Corner thereof and also being in North line of Allan Estates Mobile
Home Park as shown by the Plat thereof recorded in Cabinet C, Page 383 of the Plat
Records of Denton County, Texas;
THENCE North 01 degrees 31 minutes 00 seconds East passing at 15.0 feet a 1/2 inch
iron rod set under a gate in a fence along the North side of Edwards Road and
continuing, in all, a total distance of 660,00 feet to a 1/2 inch iron rod set for the
Northwest corner of the herein described tract;
THENCE South 88 degrees 29 minutes 00 seconds East parallel with the South line of the
Sullivan and Heiser tract a distance of 660,00 feet to a 1/2 inch iron rod set for the
Northeast corner of the herein described tract;
THENCE South 01 degrees 31 minutes 00 seconds West a distance of 660.00 feet to a 1/2
inch iron rod set for the Southeast corner of the herein described tract in the South
line of the Sullivan and Heiser tract in the remains of an old fence line about 12
feet South of a standing fence;
THENCE North 88 degrees 29 minutes 00 seconds West with the South line of the Sullivan
and Heiser tract along Edwards Road part of the way a distance of 660.00 feet to the
PLACE OF BEGINNING and enclosing 10.00 acres of land,
i
PAGE 2 of 2
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NOV 16 1994
I
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ccUNTYCLERK
llENToucoUb:YYTEYAB
~W mow.,
Filed for Record in:
DENTON COUNTY, TX
HONORABLE TIM HODGES/COUNTY
CLERK
On Nov 16 1994
At 10:45am
RETURN TO: City of Denton
215 E. McKinney
Denton, TX 76201
(A771k_Rb&sQ~,WPk1u9a.
Doc/Num : 94-ROO85893
Doc/Type :
AGR
Recording:
17.00
Doc/Mgmt :
6.00
Receipt a:
33139
Deputy - CHRISTI