2001-121 NO /
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND BETTY RUTH DAVIS JACKSON AND JOYCE DAVIS BRENHOLTZ
BISHOP RELATING TO THE PURCHASE OF APPROXIMATELY 0 421 ACRE OF LAND
BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 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 36)
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager, or his designee, ~s hereby authorized to execute a Real
Estate Contract between the C~ty of Denton and Betty Ruth Daws Jackson and Joyce Daws
Brenholtz B~shop m substantially the form of the Real Estate Contract whmh ~s attached to and
made a part of ttus ordinance for all purposes, for the purchase of approxxmately 0 421 acre of
land for the U S H~ghway 77 ProJect, w~th role vesting in the State of Texas
SECTION 2 The City Manager, or h~s designee, ~s authorized to make the expenditures
as set forth ~n the attached Real Estate Contract
SECTION 3 Thru orthnance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED ttns the rT~'~ dayof ~t~e/~, ,2001
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APpR(~JvED Al T~FO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY ~ .....
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and BETTY RUTH JACKSON and
JOYCE DAVIS BRENHOLTZ BISHOP (hereinafter referred to as
"Seller") end CITY OF DENTON, TEXAS, a home rule municipality, of
Denton, Denton County, Texas, (hereinafter referred to as
"Purchaser"), upon the tera%s and conditions set forth herexn
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 with all
rights and appurtenances pertaining to the said property,
including any right, title and ~nterest of Seller ~n and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Property"), together with any improvements, fixtures, and
person&l property situated on and attached to the Property, for
the consideration and upon and subject to the terms, provisions,
and conditions hereinafter set forth Seller shall pay all cost
for the removal, installation, construction, reinstallatlon,
reconstruction, labor and materials for any and/or ~mprovements
located within the property descrlbed in Exhibit "A". Any
· mprovemente not removed by April 30, 2001 shall become property
of the City of Denton, Texas.
PURCHASE PRICE
1. Amount of Purchase Price The purchase price for the
Property shall be the sum of $36,662 00
2. Payment of Purchase Przce. The full amount of the
Purchase Price shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
The obligatzons of Purchaser hereunder to consunm~te the
transactions contemplated hereby are subject to the satisfaction
of each of the following conditions any of which may be waived xn
whole or in part by Purchaser at or prior to the closzng.
DISK 5
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
owners~policy comitment (the "Comitment") 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 Com~itment that the condition of title as
set forth in the Commitment is or is not satisfactory. In the
event Purchaser states the condition of t~tle 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
accept&bls 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 ~s unable to do
so within ten (10) days after receipt of written notice,
Purchaser may terminate this Agreement, and the Agreement shall
thereupon be null and void for all purposes and the Escrow
Deposit shall be returned by the Title Company to Purchaser.
Purchaser's failure to give Seller th=s 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
PAGE 2
conditions required by this 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 an possessaon of any portion of the
Property as lessees, tenants at sufferance, trespassers or other
pertaes.
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or simalar proceedang or
assessment or suit, affecting title to the Property, or any part
thereof, nor to the best knowledge and belaef of Seller is any
such proceeding or assessment contemplated by any governmental
authority.
3. Seller has complied w=th all applacable laws, ordanances,
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 toxac
or hazardous wastes or materials on or wathan the Property. Such
toxic or hazardous wastes or materaals ~nclude, but are not
limited to, hazardous materials or wastes as s~ne are defined by
the Resource Conservation and Recovery Act (RCRA), as ~unended,
and the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA), as amended.
CLOSING
The closing shall be held at the office of Farst American
Title Insurance Company of Texas, 1100 Dallas Drlve, Suite 112,
Denton, Texas 76205 on or before Apral 30, 2001, or at such t~tle
company, time, date, and place as Seller and Purchaser may
mutually agree upon (which date as herein referred to as the
"closing date").
CLOSING REQUIREMENTS
1. Seller's Requirements. At the closang Seller shall=
A. Deliver to State of Texas, acting by and through the
Texas Transportation Commassion a duly executed and
PAGE 3
acknowledged Deed an the form as attached hereto as
Exhibit ~B" conveying good and marketable tLtle to all of
the Property, free and clear of any and all liens,
encumbrances, conditions, easements, assessments, and
restrictions, except for the followings
1. General real estate taxes for the
year of closLng and subsequent years not
yet due and payable;
2. Any exceptions approved by Purchaser
pursuant to Purchaser's OblLgations here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's PolLcy of Title
Insurance at Purchaser's sole expense, ~ssued by First
American Title Insurance Company of Texas, Denton, Texas,
(the "Title Company"), or such title company as Seller
and Purchaser may mutually agree upon, an Purchaser's
favor in the full amount of the purchase prLce, insuring
fee simple title for the State of Texas to the Property
subject only to those title exceptions lasted 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 exceptLons
shall be deleted Lf required by Purchaser
and if so required, the costs associated
with same shall be borne by Purchaser;
2. The exception as to restrlctLve 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
%. The exception as to l~ens encumbering
the Property shall be endorsed "None of
Record".
PAGE 4
C. Deliver to Purchaser possession of the Property on
the day of closing.
2. Purchaser's Requirements. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in immediately available funds.
3. Closing Costs. Seller shall pay all taxes assessed by
any ta~ collection authority through the date of Closing All
other costs and expenses of closing in consummating the sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser and Seller, except for Seller's attorney
fees.
REAL ESTATE COMMISSION
All obligations of the Seller and Purchaser for payment of
brokers' fees are contained in separate written agreements.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform
any of its obligations hereunder or shall fail to consun~nate the
sale of the Property except Purchaser's default, Purchaser may
e~ther 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 def&ult Seller may either enforce specific
performance of this Agreement, or terminate this Agreement by
written notice delivered to purchaser.
MISCELLANEOUS
1. Assigr~ment of A~reement. 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
hereby shall survive the closing and shall not be merged therein.
PAGE 5
3. Notice. Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by Un&ted States
mail, postage prepaid, certifaed mall, 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 construed
under and in accordance with the laws of the State of Texas, and
all oblig&tions of the parties created hereunder are performable
an Denton County, Texas.
5. Parties Bound. Thas Agreement shall be bindang upon and
inure to the benefit of the parties and thear respective heirs,
executors, administrators, legal representataves, successors and
assigns where permitted by this Agreement.
6. Legal Construction. In case any one or more of the pro-
vasions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable an any respect, saad in-
validity, illegalaty, or unenforceabalaty shall not affect any
other provision hereof, and thas Agreement shall be construed as
if the invalid, allegal, or unenforceable provision had never
been contained herein.
7 Prior Agreements Superseded. Thas 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 as of the essence in this
Agreement.
9. Gender. Words of any gender used an this Agreement shall
be held and construed to include any other gender, and words an
the singular number shall be held to include the plural, and vice
versa, unless the context requires otherwase.
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 accordance with the requirements of the
Texas Real Estate License Act, Purchaser as hereby advased that
at should be furnished with or obtain a polacy of tatle 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
PAGE 6
Agreement has not been returned to Purchaser wathin 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 as signed by either Sellers
or Purchaser, as indicated by their s=gnature below. If the last
party to execute this Contract fails to complete the date of
execution below that party's signature, the Effective Date shall
be the date thas fully executed Contract as acknowledged by the
Title Company.
IN WITNESS WHEREOF, Seller and Purchaser have executed this
contract as followsz
SELLER ~ PURCHASER.
BETTY RUTH DAVIS JACKSON CITY OF DENTON, TEXAS/
JOYCE DAVIS BRENHOLTZ BISHOP
BETT~ R~TH DAVIS JACKSON
H.,/I'
215 E McK~nn~
J FI Jlil Nota~ Publia
PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
This ins, trument is acknowledged before me, on this ~7~ day of
~)~l~a~ , 2001 by Michael W. Jez, City Manager, of the City
of ~n~o-n, a municipal cor13oration, known to me to be the person
and officer whose name is subscribed to the foregoing =nstrument
and acknowledged to me that the same was the act of the said City
of Denton, Texas, a municipal cor3oration, that he was duly
authorized to perform the same by app:opriate ordinance of the
C~ty Council of the City of Denton an 'that he executed the same
as the act of the said City for / .rposes and con. sideration
ther~_expressed, and in the capac~ there.tater/
]/~>~'~:~ ANN FORSYTHE I Notary~ ~Publi/c
for
] t,('<~/,1 NotaryPublio,$tateolTexas ~
~,~/~] M¥OommlsaionExplma ~ the State of Texas
STATE OF ~
COUNTY OF
Thz~ instrument is acknowledged before me, on this /~/~ day of
, 2001 by BETTY RUTH DAVIS JACKSON
] ~1~1~1 Noa~yPubllc ~ '~otary/Publ C zn~ and for
STATE OF
COUNTY OF
T~ ins~rument is acknowledged before me, on th~s ~ ~----day of
o~-~ 2001 by JOYCE DAVIS BRENHOLTZ BISHOP.
Irene J Chavez
) %~ STA~OF~CO , ~
h~Lr~ml~h~h~- I ~ - ~
PAGE 8
EXHIBIT "A"
County Denton Page 1 of 1
Highway U.S. 77
Project Limits From I.H. 35 Rev December 19, 1994
To U.S. 380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 36
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO BE3-I-Y RUTH DAVIS JACKSON
AND JOYCE DAVIS BRENHOLTZ, RECORDED IN VOLUME 711, PAGE 382, DEED RECORDS OF DENTON
COUNTY, TEXAS (DRDCT), AND BEING A PORTION OF DAVIS TRIANGLE ADDITION, RECORDED IN CABINET J,
PAGE 27, MAP RECORDS DENTON COUNTY, TEXAS, AND BEING SITUATED IN THE B B B & C R R SURVEY,
ABSTRACT NO 188, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 1/2-Inch ~ron rod for the southwest corner of said addition,
THENCE N 00° 51' 18" E, along the west line of said Jackson tract and said addition, a d~stance of 301 98 feet
to a set 5/8-~nch iron rod with an aluminum cap for the POINT OF BEGINNING, same being a point on the new
south r~ght of way line of U S 77 and a point on the east hne of a tract of land conveyed to Roy D Martin, as
recorded in Volume 416, Page 215, DRDCT,
(1) THENCE N 00° 51' 18" E, along a hne common to said Jackson tract and said Martin tract, a
d~stance of 54 06 feet to a point for the northwest corner of sa~d Jackson tract, and sa~d point
being on the existing south r~ght of way line of U S 77,
(2) THENCE S 58° 18' 30" E, along a hne common to said Jackson tract and the existing south r~ght
of way line of U S 77, a d~stance of 431 38 feet to a point for the northeast corner of sa~d
Jackson tract and said point being on a non-tangent c~rcular curve to the nght hawng a radius of
510 83 feet,
(3) THENCE southwesterly, along the west line of Windsor Drive, a right of way deeded to the City
of Denton in Volume 1181, Page 104, DRDCT, said curve to the right, through a delta angle of
06° 35' 35", an arc d~stance of 58 78 feet, and hawng a chord which bears S 48o 49' 35" W,
a distance of 55 7§ feet to a set 5/8-inch ~ron rod w~th an aluminum cap, same being a point on
the new south right of way line of U S 77,
(4) THENCE N 02° 55' 51" W, along the new south r~ght of way hne of U S 77, a distance of 22 89
feet to a set 5/8-tach ~ron rod with an aluminum cap, being on a non tangent circular curve to the
r~ght hawng a radius of 3879 72 feet,
(5) THENCE northwesterly, along the new south r~ght of way hne of U S 77 w~th said curve to the
right, through a delta angle of 040 05' 04", an arc d~stance of 276 58 feet, and hawng a chord
which bears N 60° 14' 09" W, a d~stance of 276 52 feet to a set 5/8-tach ~ron rod w~th an
aluminum cap, being a point of tangency,
(6) THENCEN58° 11' 37" W, w~th the new south r~ght of way hne of U S 77, adlstanceof96 99
feet to the POINT OF BEGINNING, and containing 0 421 acre, or 18,331 square feet, more or
less, of which 295 square feet reside in a pubhc ut~hty easement to the C~t,/of Denton
J~n F W, lder, R P L S, ~"~,~/~'~'~"~ Date
Texas No 4285 ~~