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2001-1675 Wue UOCUmauebNWmu AU877Su 160NC ORDINANCE NO Ot ad l - 167 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARIE ELIZABETH SASSO RELATING TO THE PURCHASE OF APPROXIMATELY 0 144 ACRES OF LAND BEING LOCATED IN THE N H MEISENHEIMER, ABSTRACT NO 810 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 16) 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 Mane Elizabeth Sasso 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 0 144 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 approval This ordinance shall become effective immediately upon its passage and PASSED AND APPROVED this the day of 12001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY A A2 APPRO ED AS TO LEGAL FORM HERBERT L PROUTY, C ATTORNEY BY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and MARIE ELIZABETH SASSO (hereinafter 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 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 "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, Sed Wn set forth ler shall pay all coat Win, construct reinstallation, erials for any and improvements ty described in Exhibit Any Apr 30, 2001 sha acome erty . RCHASE PRICE 1. Amount of Purchase Price. The total purchas e price for the Property shall be the sum of $13,100.00 (the "Purchase Price"). The Property is being acquired by Purchaser to be used by the State of Texas as right-of-way for the widening of U S Highway 77. The Purchase Price represents settlement of any and all claims, causes of action and damages that Seller may have against Purchaser and the State of Texas as a result of the acquisition of the Property including damages for the Property itself and any damages to Seller's remaining property. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. DISK 5 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 Purchaser'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 Commitment 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 may terminate this Agreement, and the Agreement shall PAGE 2 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 this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Comvliance. 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. 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 be held at the office of First American Title Insurance Company of Texas, 1100 Dallas Drive, Suite 112, Denton, Texas 76205 on or before April 30, 2001, 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") PAGE 3 CLOSING REQUIREMENTS 1. Seller's Recuirements. 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 in the form as attached hereto as Exhibit "B" 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 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 Purchaser's sole expense, issued 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, 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 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 PAGE 4 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. 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. Closinq Costs. Seller shall pay all taxes assessed by any tax 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 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. Se GLCr Aas /'eig,AQ fAe low 4i,. elf An/iA/iKnAes 414~~N,KAM% 'b rCP1Y9aNt -41P I` A'% x9ze YAe CA<cK Al Ctosltip 34a4t h~- BREACH BY SELLER made aut tO: AlAr,a Eciz4e(e fA SAu AN! Ac✓ AbfOr/VCy.C, N All): eS ¢ In the event Seller shall fail to fully and timely perform Aul K,94es 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. PAGE 5 MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be assigned by PurcEhaser 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. 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 Auvly. 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. PAGE 6 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 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 14. No Special Assessments The U.S 77 Highway Project for which the Property is being acquired consists of the widening of said roadway to a four lane divided concrete thoroughfare (the "Project") adjacent to 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 Project 15. Existing Driveways. The Project will be constructed in such a manner that Seller's existing driveway opening or openings will remain open at no cost to Seller PAGE 7 IN WITNESS WHEREOF, Seller and purchaser have executed this contract as follows: SELLER: MARIE E TH SASSO B APPROVED AS TO FORM CITY ATr&0R CITY OF NOT PURCHASER: BY *&M-~ 'L Howard Marti Acting City Manager 215 E McKinney Denton, Te s,76201 Date STATE OF TEXAS COY v COUNTY OF DENTON T s i atrument is acknowledged before me, on this day of- ! by Howard Martin, Acting City Manager, of the Ci 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 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 City for purposes and consideration therein expressed, and in the capacity therein stated. -1414 ~"~"%W°a~ ANN FORSYTHE X , Notary Publb, State of Taxes My COMMIN10A EXOMS Nota y Public in and for MAY 9,2002 the State of T. as STATE OF I P-1"°y COUNTY OF Coee" This instrument is acknowledged before me, on this day of -Apnj"^ 2001 by MARIE ELIZABETH SASSO. CHARLES J WINIKATEB, JR MY COMMISSION EXPIRES W :J ~O Fabnaery3,2002 Notary P lic in and fo q- the State of f SSCQ+I PAGE 8 TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT The Title Company acknowledges receipt of the fully executed Contract on day of , 2001. TITLE COMPANY: Name: First American Title Insurance of Texas Address: 1100 Dallas Drive, Suite 112 Denton, Texas 76205 Telephone: 940-383-2357 By. _ Printed Title: Name: PAGE 9 County Denton Highway V n Prelect Limits. From I H. 35 TO U.S. CSJ 0195-02 Account _ EXHIBIT"A' FIELD NOTES FOR PARCEL 16 Page 1 of 1 Rev September 20,1999 BEING 0144 ACRES OF LAND SITUATED IN A CALLED 0 529 ACRE TRACT, CONVEYED TO MARIE ELIZABETH SASSO RECORDED IN VOLUME 2249, PAGE 600, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 610 CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING for reference at a found Wncch non rod at the northeast comer of said Sasso tract and at the northwest comer of a tract of land conveyed to Kenneth L Davidson and wife, Helen L Davidson, recorded in Volume 584, page 326, DRDCT THENCE S 350 47 49' W along the common property line of sad Sasso and Davidson tracts, a distance of 154 48 feet to a set 518-inch iron rod with an aluminum cap for the POINT OF BEGINNING, also being a point on the new north right of way line of U S 77, (1) IroTHENCE S 350 47 4!r W, n rod,, In all a distance of 5976afeeline common to said Sasso tact and said Davidson tract passing at 25 76 feet a 112-inch t to a point, being ft southeast comer of said Sasso tract, the southwest comer of said Davidson tract, and same being on the existing north right of way line of U S 77 (2) THENCE N 58° 22' 30" W, along the existing north right of way line of U S 77 and south line of said Sasso tract, a distance of 102 49 feet to a point, being the southwest caner of sad Sasso tract (3) THENCE N 350 19' 44' E, along the west fie of said Sasso tract, passing at a distance of 35 00 feet a found 112-eon rod for the southeast comer of a called 1237 tract of land described in instrument to Khrosrow Sadeghlan, as recorded in County Clerk's number ROA057477, DRDCT, in all, a total dhsWice of 71 88 feet to a 5184loch iron rod with an aluminum cap set on the new north right of way hie of U S 77 (4) THENCE S 240 4T 31" E along the new north right of way line of U S 77, a distance of 21 16 feet to a set 518-inch iron rod with an aluminum cap, (5) THENCE S 586 11' 36' E, along the new north right of way fine of U S 77, a distance of 8448 feel to the POINT OF BEGINNING, and containing 0144 acre, or 6,253 square feet of land, more or less, of which 3 532 square feet reside in a presmpove right of way of U S, 77 Surveyed September, 1999 PBSBJ Inc a Glenn Crouch, R.P LS Data Texas Registration No 5255 "OF"" l P,. ST :r 5255 o-Mzm