2001-169S:\Our Documcnts\Ordinmiccs\01\US77Grubbs210rd doc
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AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND ALBERT GRUBBS AND MARGARETi is
HIGHWAYPURCHASE OF APPROXIMATELY 0.103 ACRES OF LAND BEING LOCATED IN THE
N.H. MEISENHEIMER, ABSTRACT NO. 810 OF DENTON COUNTY, TEXAS FOR THE
US •JECT, WITH TITLE VESTING IN THE STATE OF TEXAS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
DATE(PARCEL
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to execute a Real Estate Contract
between the City of Denton and Albert B. Grubbs and Margaret V. Grubbs in substantially the
form of the Real Estate Contract which is attached to and made a part of this ordinance for all
purposes, for the purchase of approximately 0. 103 acres of land for the U.S. Highway 77 Project,
with title vesting in the State of Texas.
SECTION 2. The City Manager is authorized to make the expenditures as set forth in the
attached Real Estate Contract.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
/% // �' xAl r°
PASSED AND APPROVED this the day of
.�� _ 2001.
EULINE BROCK, MAYOR
JENNIFER WALTERS, CITY SECRETARY
BY: , , ,r,
A PPRO' 1✓D AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
•
purchasesTHIS CONTRACT OF SALE is made by and ALBERT B. GRUBBS AND
MARGARET V. GRUBBS (hereinafter referred to as nSellerm) and CITY
OF DENTON, TEXAS, a home rule municipality, of Denton, Denton
County, Texas, (hereinafter referred to as NPurchasern), upon the
terms and conditions set forth herein.
Seller hereby sells and agrees to convey, and Purchaser
hereby ° agrees to pay forcertain
lot or parcel of land described in Exhibit NAn attached with all
rights and appurtenances pertaining to the said property,
including any right, title and interest of Seller in and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Propertym) , together with any improvements, fixtures, and
personal property situated on and attached to the Property, for
the consideration •upon andsubjectto _terms,provisions,
and conditions hereinafter set forth. As a component of the
pending State of Texas U.S. Highway 77 Widening Project the
driveway access for circular drive shall be maintained by the
installation new drive approaches as per the Project plans, Sheet
118, Station Numbers 112+89.06 (161 drive) and 113+39.20 (151
drive). _• as part of Project, tea: driveway shall •
installations.installed at Station 114+08 (13, drive) , the centerline of this
driveway to align with the centerline of the garage attached to
the residential structure at that location. The costs for the
contemplated driveway improvements within the proposed right-of
way shall be incorporated into the Project costs and the Seller
shall not be assessed for the abovementioned driveway
jig-: + �'� �'� � ",� �•�
1. Amount of Purchase Price. The total purchase price for
the Property _ be the sum of $24,500.00 ="Purchase
Price") . The Property is being acquired by Purchaser to be usef
by the State of Texas as right-of-way for the widening of U.S.
i
SellerHighway 77. The Purchase Price represents settlement of any a
all claims, causes of action and damages that -
damagesagainst Purchaser and the State of Texas as a result of t
acquisition of the Property including for the Proper
Seller'sitself and any damages to remaining property.
2. Payment of Purchase Price. The full amount of the
ffurchase Price shall be payable in cashthe closing.
The obligations of Purchaser hereunder to consummate the
transactions contemplated hereby are subject t6 the satisfaction
of each of the following conditions any of which may be waived in
whole or in part by Purchaserthe closing.
twenty1. Preliminary Title__Report. Within • - _ after
the date hereof, Seller, at Purchaser's sole cost and expense,
shall have caused the Title Company (hereinafter defined) to
issue a owner's policy commitment (the nCommitmentn) accompanied
by copies of all recorded documents relating to easements,
rights-of-way, etc., affecting the Property. Purchaser
give _ _ expiration _
(10) days after Purchaser receives the Commitment that the
condition of title as set forth in the Commitmentis not
satisfactory. 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 satisfaction of Purchaser. In the
event Seller is unable to do so within ten 0' days af ter
purposes;receipt of written notice, this Agreement shall thereupon be null
and void for all otherwise, this condition shall be
deemed _. . - and any objection theretoshall be deemed
to have been ..___
2. Surve . Purchaser may, at Purchaser's sole cost and
expense, obtain 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,streets, rivers,
surveyor'screeks, or other water courses, fences, easements, and rights-of-
way on or adjacent to the Property, if any, and shall contain the
_ _ are no encroachments on the
Purchaserhave ten (10) days after receiptthe survey
• review and approve the survey. In the events
unacceptable,-
portions�,,eriod, give Seller written notice of this fact. Seller shall,
at Seller's option, promptly undertake to eliminate or modify the
unacceptable of the survey to the reasonable
satisfaction of Purchaser. in the event Seller is unable to do
so within = r after receiptwritten
Purchaser may terminate this Agreement, and the Agreementshall
thereupon be null and void for all purposes and the Escrow
Deposit shall be returned by the Title Company to Purchaser.
• - Seller _ _ shall
deemed to be Purchaser's acceptance of the survey.
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
• •
parties.Seller hereby represents and warrants to Purchaser as
follows, which representations and warranties shall be deemed
made by Seller to Purchaser also as of the closing date:
1. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, trespassers or other
Except2. _ prior actions of Purchaser,there
pending or threatened condemnation or similar proceeding or
assessment or suit, affecting title to the Property, or any part
thereof, nor to the best knowledge and belief of Seller is any
such proceeding or assessment contemplated by any governmental
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
ir hazardous _ _ materials _
rty. Such
toxic or hazardous wastes or materials include, but are not
limited to, hazardous materials or wastes as same are defined b
the Resource Conservation and Recovery Act (RCRA), as:, amende
and the Comprehensive Environmental Response Compensation ani
Liability Act (CERCLA), as amended.
144 0144 4 k,
The closing shall be • at the of f ice of First _
InsuranceTitle .„.- Texas, 0w Dallas Drive,_
112,
Denton,before April 30, 2001,
company., time, date, and place as Seller and Purchaser may
mutually agree upon (which date is herein referred to as the
"closing date").
140[6 •! 1
1. Seller's Requirements. At the closing Seller shall:
A. Deliver _ Texas, acting by and through the
Texas Transportation Commission a duly executed and
acknowledged Deed in the form as attached hereto as
Exhibit "Bff conveying good and marketable title to all of
the Property, free and clear of any and all liens,
encumbrances, conditions, easements, assessments, and
restrictions, except • • •
taxes1. General real estate for the
year of closing and subsequent years not
yet • - and payable;
2. Any exceptions approved by Purchaser
r
!tursuantto Purchaser's Obligations _ _• 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 First
American Title Insurance Company of Texas, Denton, Texas,
(the NTitle Companyn), or such title company as Seller
and Purchaser may mutually agree upon, in Purchaser's
favor in the full amount of the purchase price, insuring
fee simple title for the State of Texas to the Property
subject only to those title exceptions listed in Closing
Requirements hereof, such other exceptions as may be
approved in writing by Purchaser, and the: standard
printed exceptions contained in the usual f orm of Texas
owner's -Policy of Title insurance, provided, however:
1. The boundary •survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by 3�urchaser;
2. The • •.: as to _ cove-
nants
3. The exception for taxed shall be
limited ! _. year of closing and shall
be endorsed "Not Yet Due and Payable";
•
4. The exception as to liens encumbering
the Property shall be endorsed NNone of
Deliver toPurchaserpossession ofthe Propertyon
the day ofclosing.
2. Purchaser's Requirements. Purchaser shall pay t�a
consideration as referenced in the "Purchase Pricen section
this contract at• •': immediately # • -funds.
3. • •. Costs. Seller shall pay _ taxes assessed f
any tax collection authority through the date of Closing. All
other costs _ • expenses • • •::in consummating _sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser and Seller, except for Seller's attorney
k
Seller and Purchaser represent and warrant to each other that
neither has retained a broker for this transaction and that there
are no broker or real estate fees due as a result of the
consummation of this contract. .5'2,LLe1,s 4aVe /"efae,v t
to P" j° Sc,e,�,t d`�, A,ysqLe. cAecic 4f t =' 5 Ac z i.
BREACH BY SELLER 6-IveMs
, f
1aflt
PAGE 5
In the event Seller shall fail to fully and timely perform
any of its obligations hereunder or shall fail to consummate the
sale
of Property
• •_ exceptPurchaser'sdefault, Purchasermay
either enforce, specific performance of this Agreement or
terminate this Agreement by written notice delivered to seller.
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement by
written notice delivered to purchaser. I
1
1. Assignment of Agreement. This Agreement may be assigned
by Purchaser without the express written consent of Seller.
2. Survival of Covenants. Anyof _representations,
ranties, covenants, and agreements of the parties, as well as any
rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplatet
hereby shall survive the closing and shall not be merged therein.
3. Notice. Any notice required or permitted to be deliveref
hereunder shall be deemed received when sent by United States
mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the signature of the party.
4. Texas Law to Apply. This Agreement shall be construel
under and in accordance with the laws of the State of Texas, ant
all obligations of the parties created hereunder are performable
in Denton County,
5. Parties Bound. This Agreement shall be binding upon anf
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors ant
assigns where permitted by this Agreement.
6. Legal Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be helf
in-
to • _ invalid, f _ or :• •respect,•
validity, illegality, or unenforceability shall not affect any
other provision hereof, _ •: Agreement shall • construed as
if the invalid,. illegal, or unenforceable provision had never
been contained
7. Prior Agreements = Agreement• _
the sole and only agreement of the parties and supersedes any
prior or or • . agreements :•_ _ _.:
parties _ '• _ • _within subject matter.
8. Time of Essence. Time is of the essence in this
Agreement.
9. Gender. Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words in
the singular number shall be held to include the plural, and vice
versa, unless _ context requires otherwise.
10. Memorandum _. _: either
both parties shall promptly execute a memorandum of this
Agreement suitable • of record.
11. Compliance. in accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that
it should be furnished with or obtain a policy of title insurance
or Purchaser should have the abstract covering the Property
examined by an attorney of Purchaser's own selection.
12. Time 11In theevent executed
Agreement has not been returned to Purchaser within ten (10) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
Date. The term "'Effective Date" means _
latter of the dates on which this Contract is signed by either
Sellers or Purchaser, as indicated by their signature below. if
the last party to execute - Contract fails to complete the
date of execution below that party's signature, the date the
Title Company acknowledges ':_ • of • • of
executed contract is the Effective Date.
14. No Special Assessments.The U.S.•Project
if said roadway to a four lane divided concrete thoroughfare (the
'RProject") adjacent • Seller's remaining property. As
additional consideration, Purchaser agrees that it will not
assess Seller or its remaining property for any of the costs
associated with the •
15. Existing Driveways. The Project will be constructed in
such a manner that Seller's existing driveway opening or openings
will remain open at • cost • Seller.
IN WITNESS WHEREOF, Seller and Purchaser have executed this
contract an follows:
SELLER:
ALBERT B. GRUBBS AND
MARGARET V• GR BS
ALBERT B. GR BS
3y
MAA'GV. GR BS
PURCHASER:
BY:
• ard Martin�
Acting City Manager
215 E. McKinney
Denton, Texas 76201
Date
STATE OF TEXAS
• Y • DENTON
T ns '�ument is acknowledged befor me, on this day of
2001 by Howard Martin, Acting City Manager, of the
Cit' of Denton, a municipal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing
stated.instrument and acknowledged to me that the same was the act of
the said City of Denton, Texas, a municipal corporations, 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 ,ity for purposes and
consideration therein expressed, and the capacity therein
ANN FORSYTHEi
State of Taxes
My ,
00
AY
= State of
STATE OF �'ZXN-5
COUNTY OF fleAitoAl
0 �
This instrument is acknowledgedbefore me, on this / 7day o
/°/^i t 2001 .
6CHARLES J. II TES, J. r ,
"= MY COMMISSION EXPIRES'
t February 3, 2 ovary 1 i and for
—�� the State o'
• :4 ki
The Title Company acknow ceipt of the fully executed
Contract •:�
Name:_y day of IT 2001.
First American Title Insurance of Texas
Address: 1100 Dallas Drive, Suite 112
Denton, Texas 76205
Telephone: 940-383-2357
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Prin ' d Name'
Title.