1986-012NO sc/_L~ ,
AN ORDINANCE APPROVING A CONTRACT PROVIDING NOR THE PURCHASE OF
REAL PROPERTY BY THE CITY OF DENTON, TEXAS FROM MAYHILL ROAD
REALTY COMPANY, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE,
AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
That the City Council of the City of Denton, Texas approves
the Contract of Purchase of Real Property providing for the
purchase of that certain real property described in said contract
attached hereto, by the City of Denton, Texas from Mayhill Road
Realty Company in the amount of $111,065 00, in accordance with
the terms and conditions of said contract
SECTION II
That the City Council authorizes the expenditure of funds in
the amount specified in said contract for the purchase of said
real property and authorizes the Mayor and City Manager to execute
any and all documents necessary to consummate said purchase
SECTION III
That this ordinance
its passage and approval
shall become effective immediately upon
PASSED AND APPROVED this the
ATTEST
CITY OF DENTON, TEXAS
I ay
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
~M~
BY Ty~
THE STATE OF TEXAS §
§ CONTRACT OF PURCHASE OF REAL PROPERTY
COUNTY OF DENTON §
This agreement is made on the Jd day of U-1+1,jUf+24
198or, by and between the City of Denton, Texas, a m nicipal
corporation, hereinafter referred to as Purchaser, and Mayhill
Road Realty Company, a Texas general partnership, hereinafter
referred to as Seller
It is agreed as follows
1 Agreement to Sell and Purchase Seller agrees to sell
to City and City agrees to purchase from Seller, upon the terms
and for the consideration set forth in this agreement, all that
certain real property (hereafter called the "property"), situated
in the City of Denton, County of Denton, State of Texas The
property is described herein as three tracts Tract I, to be
conveyed in fee simple, Tract II, to be conveyed as an electrical
line ingress and egress easement, and Tract III, to be conveyed
as an easement for sanitary sewer and water lines to serve Tract I,
and as a temporary construction easement during the construction
of the electrical sub-station contemplated by Purchaser on the
Fee Tract
TRACT I (the "Fee Tract")
All that certain 0 804 acre tract or parcel of land situated in
the Gideon Walker Survey, Abstract Number 1330, Denton County,
Texas, said tract being part of an 18 216 acre tract shown by
deed to Mayhill Road Realty Company, recorded in Vol 1441, page
606, Deed Records, Denton County, Texas, and being more particu-
larly described as follows
COMMENCING at a railroad spike at the southeast corner of said
Mayhill Road Realty Company tract, said corner being at the
intersection of the west right-of-way of M K T Railroad with the
center of Paige Road,
THENCE North 850 43' 16" West with the center of said Paige Road
a distance of 753 97 feet,
THENCE North 070 14' 09" East a distance of 317 51 feet,
THENCE North 520 03' 09" East a distance of 35 47 feet to a
steel pin at the Point of Beginning,
THENCE North 52° 03' 09" East a distance of 171 53 feet to an iron
pin for corner,
THENCE South 370 56' 50" East a distance of 150 0 feet to an iron
pin for corner,
THENCE South 520 03' 09" West a distance of 242 0 feet to an iron
pin for corner,
THENCE North 830 07' 59" West a distance of 28 2 feet to an iron
pin for corner,
THENCE North 370 56' 50" West a distance of 40 24 feet to an iron
pin for corner,
THENCE North 070 14' 09" East a distance of 127 54 feet to the Point
of Beginning and containing 0 804 acres of land, more or less
TRACT II
(the "Electrical Line, Ingress and Egress Easement Tract")
All that certain 0 316 acre tract or parcel of land situated in
the Gideon Walker Survey, Abstract Number 1330, Denton County,
Texas, said tract being part of an 18 216 acre tract shown by
deed to Mayhill Road Realty Company, recorded in Vol 1441, page
606, Deed Records, Denton County, Texas, and being more particu-
larly described as follows
BEGINNING from the southeast corner of this tract at iron pin,
said iron pin being the southeast corner of said Mayhill Road
Realty Company tract, said iron pin being at the intersection of
the west line of M K T Railroad right-of-way and the center
of Paige Road,
THENCE North 850 43' 16" West with Paige Road a distance of 21 53
feet for corner,
THENCE North 370 42' 51" West a distance of 336 95 feet to the be-
ginning of a curve to the right whose radius is 2930 79 feet,
THENCE Northwesterly with said curve for a distance of 349 01 feet
(chord North 34" 18' 10" West 348 8 feet),
THENCE South 52° 03' 09" West a distance of 133 69 feet to the
northeast line of a 0 804 acre tract,
THENCE North 370 56' 50" West with said line a distance of 16 0
feet to a corner, said corner being South 370 56' 50" East 15 0
feet from the north corner of said tract,
THENCE North 52° 03' 09" East a distance of 135 71 feet for a corner,
THENCE Northwesterly with a curve to the right whose radius is
2930 79 feet, arc 15 13 feet, (chord North 300 25' 41" West 15 13
feet) for a corner,
THENCE North 520 03' 09" East a distance of 16 15 feet to a north
corner of said Mayhill Road Realty Company tract on the westerly
right-of-way of said M K T Railroad,
THENCE southerly with said railroad right-of-way and a curve to
the left whose radius is 2914 79 feet, arc 380 34 feet (chord
south 33° 58' 34" East 380 07 feet) for a corner,
THENCE South 370 42' 51" East a distance of 351 35 feet to the
Point of Beginning and containing 0 316 acres of land, more or less,
together with all rights, easements and appurtenances thereto
-2-
TRACT III
(the "Water and Sewer Easement Tract")
All that certain lot, tract or parcel of land situated in Denton
County, Texas, in the G Walker Survey, Abstract No 1330, and
also being part of a tract of land conveyed to Mayhill Road Realty
Company by deed recorded in Volume 1441, page 606 of the Deed
Records of Denton County, Texas, and more particularly described
as follows
COMMENCING at the southeast corner of said tract, said point
lying at the intersection of the west right-of-way line of the
MKT Railroad with the center line of Paige Road,
THENCE north 85° 43' 16" west, along the center of Page Road, a
distance of 402 55 feet to the point of beginning,
THENCE north 85° 43' 16" west, along the center of Paige Road, a
distance of 94 53 feet to a point for a corner,
THENCE north 370 56' 50" west, 35 feet west of and parallel to the
center line of an electric transmission line easement recorded in
Volume 1071, page 50 of the Deed Records of Denton County, Texas,
a distance of 246 43 feet to a point for a corner,
THENCE north 520 03' 09" east, a distance of 70 feet to a point
for a corner,
THENCE south 370 56' 50" east, 35 feet east of and parallel to the
center line of said transmission easement, a distance of 309 96
feet to the place of beginning
2 Rights and Use of Electrical Line, Ingress and Egress
Easement The Electrical Line, Ingress and Egress Easement,
described as Tract II herein, to be conveyed by Seller shall be
an (i) ingress and egress easement for the purpose of providing
Purchaser and its assigns or successors access to the Fee Tract,
and all necessary appurtenances thereto, and (ii) an easement
for installing, locating, constructing, repairing, maintaining
and reconstructing one or more overhead electrical distribution
and transmission lines, and all necessary appurtenances thereto
The rights and duties of Seller and Purchaser as to said ease-
ment, to be set forth in the instrument conveying said easement,
shall be as follows
a Purchaser shall have the right of ingress and egress
to the easement only by way of the land covered by
the easement
b Purchaser shall have the right, at its sole cost and
expense, to install, construct, reconstruct, repair or
maintain such paved or all-weather driving surfaces
within the Electrical Line, Ingress and Egress Easement
Tract as are necessary to provide suitable ingress and
egress to the Fee Tract Purchaser shall at its expense
alter the grade of any driving surface constructed on
the Electrical Line, Ingress and Egress Easement Tract
to correspond to the grade of any improvements right-
fully constructed by Se1Ler or its successors or assigns
therein
-3-
c Purchaser shall have the right, at its cost and expense,
to install, construct, reconstruct, repair or maintain,
at its sole cost and expense, one or more overhead elec-
trical distribution and transmission lines extending
from its transmission station constructed on the Fee
Tract, across the Electrical Line, Ingress and Egress
Easement Tract
d Purchaser shall not fence or otherwise restrict Seller,
its assigns or successors, from access to the Electrical
Line, Ingress and Egress Easement Tract in order to
exercise its rights to the use of said easement as
provided for herein
e Purchaser shall repair or replace any and all roads,
streets, alleys, parking lots, sidewalks, or other im-
provements Seller, its assigns or successors, may right-
fully place in said easement, that are damaged, de-
stroyed or removed during installation, construction,
reconstruction, repair or maintenance of any paved or
all-weather driving surfaces constructed by Purchaser
within the Ingress and Egress Easement Tract
f Seller, its assigns and successors may make any reasonable
use of the easement to be conveyed herein, including the
right to lay out, construct, reconstruct, repair, and
maintain roads, streets, alleys, driveways, sidewalks,
parking lots, gas, sewer or water lines, drainage lines
and facilities, so long as such uses do not interfere or
impair Purchaser's right to use the easement from the
purposes herein stated In no case, however, shall
Seller, its assigns or successors, construct any permanent
buildings on said easement
3 Rights and Use of Water and Sanitary Sewer Easement
The easement, described as Tract III herein, to be conveyed by
Seller shall be an easement for the purpose of installing, lo-
cating, constructing, reconstructing, repairing and maintaining
one or more underground sanitary sewer and/or water lines to
serve the Fee Tract and a temporary construction easement to be
utilized by the Purchaser in its construction of its electrical
substation on the Fee Tract The rights and duties of Seller
and Purchaser as to said easement, to be set forth in the
instrument conveying said easement, shall be as follows
a Purchaser shall have the right of ingress and egress
to the easement only by way of the land covered by
the easement
b Purchaser shall not fence or otherwise restrict Seller,
its assigns or successors, from access to the easement
for exercising its rights to the use of said easement as
provided for herein
c Purchaser shall repair or replace any and all roads,
streets, alleys, parking lots, sidewalks, or other im-
provements Seller, its assigns or successors, may right-
fully place in said easement, that are damaged, de-
stroyed or removed during installation, construction,
reconstruction, repair or maintenance of the utilities
placed thereon by Purchaser
-4-
d Seller, its assigns and successors may make any reasonable
use of the easement to be conveyed herein, including the
right to lay out, construct, reconstruct, repair, and
maintain roads, streets, alleys, driveways, sidewalks,
parking lots, gas, sewer or water lines, drainage lines
and facilities, so long as such uses do not interfere or
impair Purchaser's right to use the easement from the
purposes herein stated In no case, however, shall
Seller, its assigns or successors, construct any permanent
buildings on said easement
e The temporary construction easement shall terminate and
be of no further force and effect upon the earlier to
occur of (1) completion of Purchaser's electrical sub-
station on the Fee Tract, or (ii) one year from the
date of such easement
4 Landscaping by Purchaser Purchaser hereby agrees that
it will, within ninety (90) days following completion of its
electrical sub-station on the Fee Tract, install around the entire
perimeter of the Fee Tract and outside of any cyclone or chain-
link fencing erected thereon, save and except points of ingress and
egress to or from the Fee Tract, to or from the Water and Sewer
Easement Tract and the Electrical Line, Ingress and Egress Easement
Tract, a "living screen" consisting of landscaping improvements
to grow to a height of at least six feet (6') within 3 years
from date of installation Such improvements shall be ligustrum,
evergreens, or other type of fast-growing plants or trees a
minimum of 3 feet in height when planted Purchaser and/or its
successors and assigns shall prepetually maintain the landscaping
improvements at its or their sole expense, and shall immediately
replace any plants or trees which die or are damaged through use
of the Fee Tract Purchaser's obligations under this Section
are contractual with Seller, and shall survive the closing of
this Contract In no event, however, shall Purchaser's obliga-
tions under this Section be considered a covenant running with
the land to be conveyed herein, a condition precedent to the
vesting of title in the Purchaser, or once vested, a condition
subsequent to title remaining vested in Purchaser, and Seller
agrees that once title to the Fee Tract is conveyed to Purchaser
pursuant to this agreement, the failure of Purchaser to comply
with any obligation created under this Section shall not in any
case affect Purchaser's title or right to such land conveyed
Seller, its successors and/or assigns shall be entitled to any
remedy available at law or in equity in the event of Purchaser's
failure to comply with the obligations set forth in this Section
including, but not limited to suit for damages or for specific
performance In the event it is necessary for Seller to employ
an attorney to enforce any of the Purchaser's obligations under
this Section, Seller shall also be entitled to recover reasonable
attorney's fees
:50044 "0 Lwni n.elT,i~~ 6 5949S~a.ryIn 144o,DAU~utT~
l.n........
5 Escrow Agent _8F log N 68808t
'157.x.3'
is hereby designated as escrow
aqent and the Purchaser, on execution of this agreement, shall
pay the escrow fee
6 Purchase Price The total purchase price of One Hundred
Eleven Thousand Sixty-fix and No/100 Dollars ($111,065 00), which
sum shall be the sole compensation due Seller for any and all
-5-
claims of any description whatever out of the Purchaser's acqui-
sition of the property for public purposes, is to be payable to
Stewart Title Guaranty Company, as escrow agent as follows
a One Thousand and No/100 Dollars ($1,000 00) on the
execution of this agreement payable to Stewart Title
Guaranty Company as earnest money, receipt of which is
hereby acknowledged
b The balance, in cash at closing on delivery to the escrow
agent of a special warranty deed for Tract I and an
easement deed for Tract II and Tract III with full
special covenants, duly executed in proper form for
recording so as to convey to the Purchaser a good and
marketable record and title to the Fee Tract free and
clear of all recorded and unrecorded liens, assess-
ments, leases, delinquent and current taxes through the
date of closing, and encumbrances, restrictions and
conditions, except easements and rights-of-way of rec-
ord and any Permitted Exceptions, and good and market-
able record and title to its easement estate in Tract
II and Tract III free and clear of all restrictions and
conditions except easements and rights-of-way of record
and any Permitted Exceptions Purchaser shall take
possession on the date of closing
7 Title Insurance Policy The Seller agrees, prior to the
closing, to procure at the Purchaser's cost, from Stewart Title
Guaranty Company, or another title company of Seller's choice
acceptable to the Purchaser, a preliminary title report agreeing
the insure marketable title to the Purchaser in the full amount
of the purchase price and to obtain such policy to be issued by
Stewart Title Guaranty Company, or such other approved title com-
pany
8 Effect of Defective Title Should the title prove defec-
tive in the opinion of the Purchaser's attorney, then such defect
shall be pointed out in writing by letter delivered to the Seller
within five (5) business days following Purchaser's receipt of
such preliminary title report Seller may, but has no obligation
to, cure any defect in title as pointed out by Purchaser's attor-
ney, provided, however, should Seller fail to cure any defect in
title to the satisfaction of Purchaser prior to closing, neither
party hereto shall have any further obligation to proceed with
the purchase or sale of the property and neither party shall be
liable to the other for such failure to proceed Any defect to
which Purchaser shall not timely object in writing shall be a
"Permitted Exception"
9 Fees, Charges, Taxes and Costs The Purchaser shall pay
all recording fees, title searches, reconveyance fees, trustees'
fees, forwarding fees for any full reconveyance of any deed of
trust, and the premium charged for any policy of title insurance
arising out of this transaction Seller shall pay all taxes owed
or due on the property to be conveyed on the date of conveyance
10 Inabilit to Conve Title In the event Seller is unable
to convey good and markets le record and title to the land as
provided for herein, then this agreement shall terminate and any
amount tendered by Purchaser shall be returned to Purchaser
-6-
11 Closing Date The transaction contemplated by this Con-
tract shall be closed on or before one hundred eighty (180)
calendar days from the date of acceptance of this agreement by
the Seller, or at such other time as the parties may mutually
agree, at the office of the escrow agent or at such other loca-
tion as is mutually agreeable to the parties herein
12 Liquidated Damages The Seller and Purchaser agree that
their sole remedy under this agreement for any breach thereof by
the other shall be limited to liquidated damages in an amount
equal to One Thousand and No/100 Dollars ($1,000 00)
12 Integration This agreement constitutes the entire
agreement between the parties and neither party relies upon any
warrants or representation not contained herein
13 Survival Any obligations of Seller or Purchaser as set
forth here ch are not satisfied as of the Closing Date shall
survive the Closing Date Any covenants or warrants of either
party applying to a date after the Closing Date shall survive the
Closing Date
14 Time of the Essence The parties hereto agree that time
is of the essence in the performance of all obligations set forth
in this Contract
In witness whereof, the parties have executed this agreement
on the date first above written
N
I
CITY OF D N21-
BY 1
RD S •V , MAY R
H
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY V~) rft
V MAYHILL R' TY 0 LL~
R BU1 ON, PARTNER
G' 7
BY ARLES J ZIFF, PARTNER
By R t ;A rney-3. ac~~
B JJd
SUTTON, ATTORNEY
-FACT
BY STEVEN ZIFF, TRUSTEE OF ~ z
1983 JULIE ZIFF TRUST d/
By R J on, A torney-in-
fac
BUTTON, ATTORNEY
-FACT
ACKNOWLEDGMENTS TO FOLLOW
-7-
THE STATE OF TEXAS
COUNTY OF DENTON
/-'Phis instrument was acknowledged before me on the 10✓/ day
of 4 / , , by Richard O Stewart, Mayor of the
City of De , Texa., a unicipal Corporation, on behalf of said
Municipal Corporation ~-l --,9
[ com PUBLIC, STATL~ OF X~
G 9f'~
~
7; .01-1 xpires
;h is f~ ,ie61t
Notary's Printed-Name
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the 3Aof- day
of , k~ by R J Button, Partner, Mayhill Road
Realt Company a'GeneraT'Partnershi.p, on behalf of said General
Partnership j ~A.Q~1~.1 Cl 0 O.c~_~.
NOTARY PUBLIC, STATE OF XAS
My commission expires
CHARLOTTE &Oki-AQ)kY
Notary's Printed Name
THE STATE OF TEXAS
COUNTY OF DENTON
T is instrument was acknowledged before me on the 3AcJ- day
of oj,~- 4 by R J Button, as attorney-in-fact
on beh f of Charles J ff C
ny.4[~~ ~~lQ r4 ~
NOTARY PUBLIC, STATE OF TEXAS
My commission expires 10 d 80,
NHRi,O~JG ' OI'YjfJH~
Notary's Printed Name
THE STATE OF TEXAS $
COUNTY OF DENTON §
This instrument was acknowledged before me on the 3e)ck day
of , 1.9 by R J Button as attorney-in-fact
on beh f of St en Ziff,OTr tee of 1983 Julie Ziff Trust
u o- anAA. rsA La
NOTARY PUBLIC, STATE OF TEX
My commission expires /p - a -d?N
Cr~R¢I.OTTE C40A~,fi4Jr4V
Notary's Printed Name
-8-