2002-207ORDINANCE NO. ~ff~z~-~ 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL
ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JAMES H.
BARROW AND WIFE, GAYLA R. BARROW, RELATING TO THE PURCHASE OF
AN APPROXIMATE 0.42 ACRE TRACT OR PARCEL OF LAND BEING A PART
OF LOT 5, BLOCK B OF THE BLOUNT ADDITION, AN ADDITION TO THE CITY
OF DENTON, FOR USE AS A DRAINAGE CHANNEL; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to execute a Real Estate
Contract between the City and James H. Barrow and wife, Gayla R. Barrow, in
substantially the form of the Real Estate Contract which is attached hereto and made a
part of this ordinance for all purposes, for the purchase of approximately 0.42 acre for use
as drainage.
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.
PASSEDA APPROVEOtbisthe/) dayof ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~ ~
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by Gayla R. Barrow and James H.
Barrow (hereinafter collectively referred to as "Seller") and
CITY OF DENTON, TEXAS, a home rule municipality, of Denton,
Denton County, Texas, (hereinafter 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 certain tract,
lot or parcel of land described in ~EXHIBIT A", attached herein,
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 property, rights, and appurtenances being hereinafter
referred to as the "Property"), together with any improvements,
fixtures, and personal property situated on and attached to the
Property, for the consideration and upon and subject to the
terms, provisions, and conditions hereinafter set forth.
PURCHASE PRICE
Amount of Purchase Price. The total purchase price for
the Property shall be the sum of Ninety Two Thousand
Dollars and No Cents ($92,000.00) (the ~Purchase
Price").
Payment of Purchase Price. The full amount of the
Purchase Price shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the
transactions contemplated hereby are subject to the satisfaction
of each of the following conditions any of which may be waived in
whole or in part by. Purchaser at or prior to the closing.
1. Preliminary Title Report. Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a
owner' s policy commitment (the "Commitment") accompanied by
copies of all recorded documents relating to easements, rights-
of-way, etc. , affecting the Property. Purchaser shall give
Seller written notice on or before the expiration of ten (10)
days after Purchaser receives the Co~nitment that the condition
of title as set forth in the Commitment is or is 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 (10) days after
receipt of written notice, this Agreement shall thereupon be null
and void for all purposes; otherwise, this 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, 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, highways, streets, roads, railroads, rivers,
creeks, or other water courses, fences, easements, and rights-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 comprising
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 within the ten (10) day
period, give Seller written notice of this fact. Seller shall,
at Seller's option, promptly undertake to eliminate or modify the
unacceptable portions of the survey to the reasonable
satisfaction of Purchaser. In the event Seller is unable to do
so within ten (10) days after receipt of written notice,
Purchaser, at its option may elect to terminate this Agreement
(in which event this Agreement shall be null and void), grant
Seller additional time to cure, or proceed to closing.
Purchaser's failure to give Seller this 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 with all of the covenants, agreements, and
conditions required by thi~ 'Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
REPRESENTATIONS AND WARRANTIES OF SELLER
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
parties.
2. Except for the prior actions of Purchaser, there is no
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
authority.
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
or hazardous wastes or materials on or within the Property. Such
toxic or hazardous wastes or materials include, but are not
limited to, hazardous materials or wastes as same are defined by
the Resource Conservation and Recovery Act (RCRA), as amended,
and the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA), as amended.
CLOSING
The closing shall he held at the office of Texas Title
Company, 2215 S. Loop 288, Suite 320, Denton, Texas 76205 on or
before July 31, 2002, or at such title company, time, date, and
place as Seller and Purchaser may mutually agree upon (which date
is herein referred to as the "closing date").
CLOSING REQUIREMENTS
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to the City of Dento~ a.' duly executed and
PAGE 3
acknowledged General Warranty Deed conveying good and
marketable title in fee simple to all of the Property,
free and clear of any and all liens, enc~mhrances,
conditions, assessments, and restrictions, except for the
following:
1. General real estate taxes for the
year of closing and subsequent years not
yet due and payable;
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Policy of Title
Insurance at Seller's sole expense, issued by Texas Title
Company, Denton, Texas, (the "Title Company"), or such
title company as Seller and Purchaser may mutually agree
upon, in PurchaserTs favor in the full amount of the
purchase price, insuring fee simple title for the City of
Denton 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 form of Texas Owner's Policy of Title
Insurance, provided, however:
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Purchaser;
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record";
3. The exception for taxes shall be
limited to the year of closing and shall
be endorsed "Not Yet Due and Payable";
and
4. The exception as to liens encumbering
the Property shall be endorsed "None of
Record".
C. Deliver to Purchaser possession of the Property on
the day of closing.
PAGE 4 ~ ~ '
2. PurchaserTs Requirements. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this. contract at Closing in immediately available funds.
3. Closinq Costs. Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing~ Ail
other costs and expenses of closing in consummating the sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser, except for Seller's attorney fees.
REAL ESTATE COMMISSION
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.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform
any of its obligations hereunder or shall fail to consummate the
sale of the Property except Purchaser's default, Purchaser may
either enforce specific performance of this Agreement or
terminate this Agreement by written notice delivered to seller.
BREACH BY PURCHASER
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.
MISCELLANEOUS
1. Assignment of Agreement. This Agreement may be assigned
by Purchaser without the express written consent of Seller.
2. Survival of Covenants. Any of the representations, war-
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 contemplated
PAGE 5
hereby shall survive the closing and shall not be merged therein.
3. Notice. Any notice required or permitted to be delivered
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 ApDI¥. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable
in Denton County, Texas.
5. Parties Bound. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
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 held
to be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as
if the invalid, illegal, or unenforceable provision had never
been contained herein.
7. Prior Agreements Superseded. This Agreement constitutes
the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the
parties respecting the 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 the context requires otherwise.
10. Memorandum of Contract. Upon request of either party,
both parties shall promptly execute a memorandum of this
Agreement suitable for filing of record.
11. Compliance. In 'a~cordance 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 Limit. 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 delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
13. Effective Date. The term ~Effective Date" means the
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 this Contract fails to complete the
date of execution below that party's signature, the date the
Title Company acknowledges receipt of a cOpy of this fully
executed contract is the Effective Date.
IN WITNESS WHEREOF, Seller and Purchaser have executed this
contract as follows:
SELLER:
/ G~la R. Barrow
SELLER:
&s ~.' Bar~ow ~-
PURCHASER:
BY/ /' I ,,~P'"Y- ?f_FA
City Manager
215 E. McKinney
Denton, Texas 76201
PAGE 7
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DENTON
T~S i~strument is acknowledged before me, on this ~X day of
~.6~ , 2002 by Michael A. Conduff, City Manager, of
t~e C~ of Denton, a municipal corporation, known to me to be
the person and officer whose 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 perfom the same by appropriate ordinance
of the City Council of the City of Dent~n and that he executed
the same as the act of the said /~i ty for purposes and
consideration therein expressed, and/i~ the c~pacity t~rein
stated. /~, ~ j/7
I I ?.'.'~'.'* --: MY COMMISSION EXPIRES I ..... = .
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this %~ day of
----~% , 2002byGayla R. Barrow and James H. Barrow.
--:. st.t. of T,=
~ %~',~ ~,$ My Commission Exp. 06-08-2006
.....................
the State of Texas
PAGE 8
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
The Title Company acknowledges receipt of the fully executed
Contract on day of , 2002.
TITLE COMPANY:
Name:
Address:
Telephone:
Texas Title Company
2215 S. Loop 288, Suite 320
Denton, Texas 76205
940-382-8251
Printed Name:
Title:
After Recording, Return To:
City of Denton - Engineering Dept.
Attn: Paul Williamson
601 E. Hickory Street, Suite B
Denton, TX 76205
PAGE 9
EXHIBIT '~A"
LOT 5, BLOCK B, BLOUNT ADDITION, an Addition to the City of
Denton, DENTON COUNTY, Texas, according to the Plat recorded in
VOLUME 75, PAGE 54, Deed Records, Denton County, Texas; SAVE AND
EXCEPT that portion conveyed to the City of Denton by Deed
recorded in VOLUME 575, PAGE 451, Deed Records, Denton County,
Texas.
Date:
515 T 01376
SPECIAL WARRANTY DEED
· 2002
105335
09-'13-02P01::~4 RCYD
Orantors: James H. Barrow
Gayla R. Barrow
Grantee: City of Denton
Grantee's Mailing Address (including county):
City of Denton
601 East Hickory Street
Denton, Texas 76205
Denton, County
Consideration:
NINETY TWO THOUSAND DOLLARS AND NO CENTS ($92,000.00)
and other good and valuable consideration.
Property (including any improvements):
Being a 0.4417 acre parcel of land situated in the Wm. Loving
Survey, Abstract No. 759, Denton County, Texas, being more
particularly described in "EXHIBIT A" attached hereto and by this
reference being made a part hereof for all purposes.
Reservations From and Exceptions to Conveyance and Warranty:
Easements, rights-of-way, and prescriptive rights, whether of
record or not~ all presently recorded instruments, other than
liens and conveyances, that affect the property.
GRANTOR , for the consideration, receipt of which is hereby
acknowledged, and subject to the reservations from and exceptions
to conveyance and warranty, grants, sells and conveys to Grantee
the property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and to hold
it to GP, ANTEE, GP~ANTEE'S, successors or assigns forever. GRANTOR
binds GRANTOR and GP~ANTOR'S heirs, executors, administrators and
successors to warrant and forever defend all and singular the
property to GRANTEE and GRANTEE'S, successors and assigns against
every person whomsoever lawfully claiming or to claim the same or
any part thereof, by, through or under GRANTOR, but not otherwise.
, -' 5155 ~1377
When the context requires, singular nouns and pronouns
include the plural.
GRANTOR:
Gal~la R. Barrow
GRANTOR:
~ames- H. &'Bar-row .....
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
was acknowledged before me on
This
instrument
2002 by Gayla R. Barrow and James H. Barrow.
5155 01378
LEGAL DESCMPT/Ofl
/:or the remainder of
LOTS, BLOC/( B, B/ Oi/NT ADDITION
Denton, Denton County, Texas
Being all that certain tract, parcel, or lot of land that i~ the remainder of Lot 5, Block g BIODNT ADD/T/ON, an
add/t/on to the City of Denton, Denton County, Texas according to the plat thereof recorded in Volume 75, Page
54, Deed Records, Denton County, Texas and the tract described'by deed recorded in Clerk's File No. 96-
fl037390, flea/Property Records, Denton County, Texas and more particularly described as follows:
BEGIN/V/NG at an 'X' found in concrete hay/n# Texas Coordinate System, North Central Zone, 1983.1999
coordinates of X- 2,399,750.6! and Y = 7,125, !72.6£ feet, that is in the east right.of, way line of Locust Street
that is the common corner of Lots 4 and 5, Block B. BLOD/VT ADD/T/ON, end the southwest corner of a tract
described by deed recorded in Volume 306, Page 256, Deed Records of Denton County, Texas;
THENCE: with the common//ne of Lot 4 and Lot 5, Block B, M OUNT ADDITIONz, N 89°23'37"E, a distance of
191.83 feet to a one.half inch iron rod found for corner in the west right.of, way line of Wainwright Street, as
described by deed recorded in Volume 575, Page 451, Deed Records Denton County, Texas;
THENCE: with the said west fight.of-way//ne, S 0 °07' 13"E, a distance of 100.23 feet to a one-haft inch iron
rod found for corner in the common//ne of Lot 5and Lot 6, Block 9. 9LOUNT ADD/TION;
THENCE: with the common//ne of the said lots, S B$°2337" W, e distance of 192.01 feet to a five-eights inch
iron rod set for corner in the east right.of, way line of /ocust Street
THENCE: with the said east line of Locust Street, Al 0° 0!' I !. W, a distance of 100.23 feet to the PLACE OF
BEG/Nfl/NE end CONTAINING 0.4417 acres of land more or less as surveyed by john nail jr rpls #1570 during
the month of July 2002. Bearings, distances, and coordinates shown hereon are grid per the Texas Coordinate
System, North CentraI Zone. To obtain surface d/stance, multiply by 1.00015375. Areas shown ere surface. See
Chapter2!, L.G.C.
5155 1379
AUG 2 ~, 2002
Filed For Record in:
DENTON COUNTY__TX
CYNTH[R MITCHELL, I~]LINTYCLEI~(
On ~ug ~ L~
Recor~l~ng: ~.~0
Doc/Hget : S.~
Doc/Nua : 2ee~-aete5335
Doc/Type : ND
Depu[y -t:e[icia