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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: E:\WPDOCS\WORK\SULLIVAN.ORD f.r ?'r.±sfiryr;:: r l l; : tlr GdI.C? S)ll ttwuE :J 1 ; f6~ti." i~+:`ii:;.,i;i:;i,.~C1.Ynl`r;:RS~kl7c,•C.::.:.%f. ';;ryt« WyU,'lVIAIIOPW~OW32FILEDInMn7.0.ft ;'_r4v nronn ~.~~n'sn ~:.2 it",, ~revc, h~~a~n kf mn; entl w.~$ ^.d/ P EnOrsuct;rnli;3 fJ:a[s~tutd:GA.~cwxnt as?!i':ch=h7i:J ;Caa7 y .S2&414 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 ;y,;: ~uAE; `L:: (h~ i#C,i:~L~Uk~r~klEfGE'•F~4~R~er'. St; I¢ fW, ATL,t1kt t 1 31 i ,'tgg yt~ ~t f esu~R;a F~~IGx@l~frA 6;I~NU~15~r~nB piTill" dlra6e.~nr- ^y~mes~•nCC on vmdmd+'uv "n' ~ ~i:aditlire o~ficlti~!sihliCk3a:Nd:. rfR~ s.; `"c;: "f. • ^t. ?^f.;.i:ef,~~fLS964e NOV 16 1994 I J ~ as'+4 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