2001-118 O IN CENO d g/- lib
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND WE WILLIAMS, JR RELATING TO THE PURCHASE OF
APPROXIMATELY 0004 ACRE OF LAND BEING LOCATED IN THE NH
MEISENHEIMER, ABSTRACT NO 811 OF DENTON COUNTY, TEXAS FOR THE US
HIGHWAY 77 PROJECT, WITH TITLE VESTING IN THE STATE OF TEXAS,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE (PARCEL 44)
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The C~ty Manager, or his desagnee, ~s hereby authorized to execute a Real
Estate Contract between the City of Denton and W E Wllhams, Jr in substantially the form of
the Real Estate Contract whxch ~s attached to and made a part of thru ordinance for all purposes,
for the purchase of approximately 0 004 acre of land for the U S H~ghway 77 ProJect, with t~tle
vesting in the State of Texas
SECTION 2 The C~ty Manager, or his designee, m authorized to make the expenditures
as set forth ~n the attached Real Estate Contract
SECTION 3 This ordinance shall become effective ~mme&ately upon Its passage and
approval
PASSED AND APPROVED thls the ~'~ dayof ~O~'.tO~'] ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPRtO'VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE ~s made by and between W E WILLIAMS,
JR (hereinafter referred to as "Seller") and CITY OF DENTON,
TEXAS, a home rule munlc~pal~ty, of Denton, Denton County, Texas,
(hereinafter referred to as "Purchaser") , upon the terms and
conditions set forth here~n
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 ~n Exhibit "A" attached w~th all
rlghts and appurtenances pertaining to the sa~d property,
· nclud~ng any rlght, t~tle and ~nterest of Seller ~n and to
ad3acent streets, alleys or r~ghts-of-way (all of such real prop-
erty, raghts, and appurtenances beang hereanafter referred to as
the "Property") , together wath any ~mprovements, faxtures, and
personal property satuated on and attached to the Property, for
the consaderat~on and upon and subject to the terms, provasaons,
and condataons hereanafter set forth Seller shall pay all cost
for the removal, ~nstallataon, constructaon, relnstallat~on,
reconstruction, labor and materaals for any and/or ~mprovements
located w~th~n the property descrabed an Exhab~t "A" Any
amprovements not removed by March 31, 2001 shall become property
of the Caty of Denton, Texas
PURCHASE PRICE
i Amount of Purchase Prace The purchase price for the
Property shall be the sum of $500 00
2 Payment of Purchase Price The full amount of the
Purchase Prace shall be payable an cash at the closing
PURCHASER~ S OBLIGATIONS
The obi=garcons of Purchaser hereunder to consummate the
transactaons contemplated hereby are subject to the satasfact~on
of each of the followang condat~ons any of which may be waived an
whole or an part by Purchaser at or praor to the closang
i Prel~manar~ T~tle Re~ort W~th~n twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
DISK 5
have caused the Tatle Company (hereanafter defaned) to assue a
owners policy commatment (the "Commatment") accompanaed by copaes
of all recorded documents relatang to easements, raghts-of-way,
etc , affecting the Property Purchaser shall gave Seller
wratten notace on or before the exp~rataon of ten (10) days after
Purchaser receives the Commatment that the condataon of tatle as
set forth an the Commatment as or as not satasfactory In the
event Purchaser states the condataon of tatle as not
satasfactory, Seller shall, at Seller's optaon, promptly
undertake to elamanate or modafy all unacceptable matters to the
reasonable satasfactaon of Purchaser In the event Seller as
unable to do so wathan ten (10) days after receapt of wratten
not~ce, thas Agreement shall thereupon be null and road for all
purposes, otherwase, thas condataon shall be deemed to be
acceptable and any ob3ectaon thereto shall be deemed to have been
waived for all purposes
2 Surve~ Purchaser may, at Purchaser's sole cost and
expense, obtaan a current survey of the Property, prepared by a
duly lacensed Texas land surveyor acceptable to Purchaser The
survey shall be staked on the ground, and shall show the locataon
of all amprovements, haghways, streets, roads, raalroads, ravers,
creeks, or other water courses, fences, easements, and raghts-of-
way on or adjacent to the Property, ~f any, and shall contaan the
surveyor's cert~facataon that there are no encroachments on the
Property and shall set forth the number of total acres compr~sang
the Property, together w~th a metes and bounds descr~ptaon
thereof
Purchaser wall have ten (10) days after receipt of the survey
to revaew and approve the survey In the event the survey as
unacceptable, then Purchaser shall w~than the ten (10) day
per~od, g~ve Seller written not~ce of th~s fact Seller shall,
at Seller's optaon, promptly undertake to eliminate or modify the
unacceptable portaons of the survey to the reasonable
sat~sfactaon of Purchaser In the event Seller as unable to do
so wathin ten (10) days after receipt of written notace,
Purchaser may terminate thas Agreement, and the Agreement shall
thereupon be null and voad for all purposes and the Escrow
Deposat shall be returned by the Tatle Company to Purchaser
Purchaser's faalure to gave Seller thas wratten notace shall be
deemed to be Purchaser's acceptance of the survey
3 Seller's Com~laa~ce Seller shall have performed, ob-
served, and complied wath all of the covenants, agreements, and
condataons requared by this Agreement to be performed, observed,
and complaed wath by Seller praor to or as of the closang
PAGE 2
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representations and warrant~es shall be deemed
made by Seller to Purchaser also as of the closing date
I There are no part~es an possession of any port~on of the
Property as lessees, tenants at sufferance, trespassers or other
part~es
2 Except for the prior actions of Purchaser, there as no
pending or threatened condemnation or similar proceeding or
assessment or su~t, affecting t~tle to the Property, or any part
thereof, nor to the best knowledge and belief of Seller ~s any
such proceeding or assessment contemplated by any governmental
authority
3 Seller has complied w~th all applicable laws, ordinances,
regulations, statutes, rules and restract~ons relating to the
Property, or any part thereof
4 To the best of the sellerts knowledge, there are no toxic
or hazardous wastes or materaals on or wath~n the Property Such
toxic or hazardous wastes or materaals anclude, but are not
l~m~ted 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
L~ab~l~ty Act (CERCLA), as amended
CLOSING
The closing shall be held at the off~ce of F~rst Amer=can
T~tle Company on or before April 30, 2001, or at such t~tle
company, t~me, date, and place as Seller and Purchaser may
mutually agree upon (which date ~s herean referred to as the
"clos=ng date")
CLOSING REQUII~EMENTS
i Seller's Rec~u~rements At the closing Seller shall
A Deliver to State of Texas, acting by and through the
Texas Transportation Commission a duly executed and
acknowledged Deed an the form as attached hereto as
Exhibit "B" conveying good and marketable t~tle to all of
the Property, free and clear of any and all laens,
encumbrances, condataons, easements, assessments, and
restrictions, except for the following
PAGE 3
i 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
an writing
B Deliver to Purchaser a Texas Owner's Policy of T~tle
Insurance at Purchaser's sole expense, ~ssued by F~rst
American T~tle Company, Denton, Texas, (the "T~tle
Company"), or such t~tle company as Seller and Purchaser
may mutually agree upon, =n Purchaser's favor ~n the full
amount of the purchase price, ~nsur~ng fee s~mple t~tle
for the State of Texas to the Property subject only to
those t~tle exceptions l~sted ~n Clos~n~ Requirements
hereof, such other exceptions as may be approved ~n
writing by Purchaser, and the standard printed exceptions
contained an the usual form of Texas Owner's Policy of
Title Insurance, provided, however
I The boundary and survey exceptions
shall be deleted ~f requ~redby Purchaser
and ~f so required, the costs associated
w~th 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 l~ens encumbering
the Property shall be endorsed "None of
Record"
C Deliver to Purchaser possession of the Property on
the day of closing
2 Purchaser,s Requirements Purchaser shall pay the
consideration as referenced ~n the "Purchase Price" section of
th~s contract at Closing an ~mmed~ately available funds
3 Clos~n~ Costs Seller shall pay all taxes assessed by
PAGE 4
any tax collectaon authoraty through the date of Closing. All
other costs and expenses of closang an cons~atang the sale and
purchase of the Property not spec~facally allocated here~n shall
be pa~d by Purchaser and Seller, except for Seller's attorney
fees
REAL ESTATE CO~ISSION
All obligations of the Seller and Purchaser for payment of
brokers' fees are contained ~n separate wratten agreements
BREACH BY SELLER
In the event Seller shall faal to fully and t~mely perform
any of ~ts obligations hereunder or shall fa~l to cons~mmate the
sale of the Property except Purchaser's default, Purchaser may
eather enforce specific performance of th~s Agreement or
terminate th~s Agreement by written not~ce delivered to seller
BREACH BY PURCHASER
In the event Purchaser should fa~l to consummate the purchase
of the Property, the cond~taons to Purchaser's obligations set
forth an PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being ~n default Seller may e~ther enforce specaf=c
performance of th~s Agreement, or terminate thas Agreement by
written not~ce delivered to purchaser
MISCELLANEOUS
I Assignment of Agreement Th~s Agreement may be assigned
by Purchaser wathout the express written consent of Seller
2 Survival of Covenants Any of the representations, war-
rant~es, covenants, and agreements of the part~es, as well as any
r~ghts and benefits of the parties, pertaining to a peraod of
tame following the closing of the transactions contemplated
hereby shall survive the closing and shall not be merged there~n
3 Notace Any not~ce required or permitted to be delivered
hereunder shall be deemed received when sent by Unated States
ma~l, postage prepaid, cert=f~ed maal, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the signature of the party
PAGE 5
4 Texas Law to ADDlY Thas Agreement shall be construed
under and an accordance wath the laws of the State of Texas, and
all obl~gataons of the part~es created hereunder are performable
an Denton County, Texas
5 Partaes Bound Thas Agreement shall be bandang upon and
anure to the benefat of the partaes and thear respectave hears,
executors, admanastrators, legal representataves, successors and
assagns where permitted by thas Agreement
6 Legal Constructaon In case any one or more of the pro-
vasaons contaaned an thas Agreement shall for any reason be held
to be anval~d, ~llegal, or unenforceable an any respect, saad an-
valadaty, allegalaty, or unenforceabalaty shall not affect any
other provas~on hereof, and thas Agreement shall be construed as
af the anvalid, allegal, or unenforceable provasaon had never
been contained herean
7 Praor Agreements Superseded Thas Agreement constatutes
the sole and only agreement of the partaes and supersedes any
praor understandings or wratten or oral agreements between the
partaes respectang the wathan sub3ect matter
8 Tame of Essence Tame ~s of the essence an thas
Agreement
9 Gender Words of any gender used an thas Agreement shall
be held and construed to anclude any other gender, and words an
the sangular number shall be held to anclude the plural, and vace
versa, unless the context requares otherwase
10 Memorandum of Contract Upon request of eather party,
both partaes shall promptly execute a memorandum of thas
Agreement suatable for falang of record
11 Com~laance In accordance wath the requarements of the
Texas Real Estate License Act, Purchaser as hereby advised that
at should be furnashed wlth or obtain a polacy of tatle ansurance
or Purchaser should have the abstract coverang the Property
examanedby an attorney of Purchaser's own selectaon
12 Tame Lamat In the event a fully executed copy of thas
Agreement has not been returned to Purchaser w~than ten (10) days
after Purchaser executes th~s Agreement and delavers same to Sel-
ler, Purchaser shall have the raght to termanate thas Agreement
upon wratten not~ce to Seller
PAGE 6
SELLER PURCHASER
THE CITY OF DENTON, TEXAS
Clty ~na~e~
215 E tMc~ney
Denton, Texas 76201
APPROVED AS TO FORM/'
CITY A"ITORN ~, //
STAT~. O~ TEXAS BY ~ ~
COUNTY OF DENTON
Thls anstr~ment as acknowled~red before me, on this ~ day of
of Denton, a municipal corporation, known to me to be the person
and officer whose name ~s subscribed to the foregoang ~nstrument
and acknowledged to me that the same was the act of the saad City
of Denton, Texas, a mun[capal corporataon, that he was duly
authorazed to perform the same by appropriate ordinance of the
Caty Councal of the Caty of Denton an¢ ithat he executed the same
as the act of the said Caty for~ [=poses and cons~deratlon
thereln expressed, and an the ca~aca~ t--her~yt~.~l~
I ,°~ ANN FORSYTHE [ Not'~a/ry ~ub~4c afl and for
~ · (~W~ ,~ Nota~/Public, State of Texss I[ "
~ _~,~m] MyC0mml#im~Expl.~ ~ the State of TeXas
STATE OF TEXAS
COUNTY OF DENTON
trument as acknowledged before me, on thas /~ day of
, 2001__ by W E WILLIAMS, JR
,~,~,,~%,~ ROGER N WILKINSON ~1
N'ot(
and
for
in
~UyCommlsslonExpre~?..~'.~ the State of Texas
PAGE 7
EXHIBIT
County Denton Page 1 of 1
H~ghway U.S. 77
Project Limits From I.H. 35 Rev October 11, 1994
To U.S. 380
CSJ 0195-02-
Account.
FIELD NOTES FOR PARCEL 44
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO W E WILLIAMS, JR, RECORDED
IN VOLUME 1171, PAGE 895, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), BEING SITUATED IN
THE N H MEISENHEIMER SURVEY, ABSTRACT NO 811, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS
COMMENCING for reference at a found 1/2-inch iron rod for the northeast corner of smd Third tract, same bmng
a point on the south right of way hne of Orr Street,
THENCE N 88° 03' 89" W, along the south right of way line of Orr Street and north property hne of said Third
tract, a d~stance of 108 44 feet to a set E/8-1nch iron rod with an aluminum cap, being the POINT OF BEGINNING,
sa~d point being on the new east right of way line of U S 77,
(1) THENCE S 44° 06' 22" W, along the new east nght of way hne of U S 77, a distance of 26 59
feet to a set PK nail with shiner, said point being on the west hne of sa~d Wilhams tract and on
the exlstmg east right of way hne of U S 77,
(2) THENCE N' 01 o 22' 33' W, along a hne common to smd W~lhams tract and ex~stmg east right of
way line of U.S. 77, e distance of 19 74 feet to a found 1/2-inch iron rod being the northwest
corner of said Williams tract, same being the northwest corner of smd deed's Third Tract, same
being a pmnt on the ex~stmg east right of way hne of U S 77 and the south right of way hne of
Orr Street,
(3) THENCE S 88° 03' 46' E, along a hne common to said Wllhams tract and south right of way hne
of Orr Street, a distance of 18 99 feet to the POINT OF BEGINNING, and contmmng 0 004 acre,
or 187 square feet of land, more or less