2000-015 ORDINANCE NO o OOO
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND EVA ELAINE, 1NC, RELATING TO THE PURCHASE OF 1 06 ACRES OF
LAND FOR THE RINEY ROAD REALIGNMENT WITH U S HIGHWAY 77,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 That the City Manager is hereby anthonzed to execute a Real Estate
Contract between the C~ty and Eva Elmne, Ine, m substantially the form of the Real Estate
Contract which is attached to and made a part oftNs ordinance for all purposes, for the purchase
of 1 06 acres of land for the Pdney Road Realignment with U S H~ghway 77
SECTION 2 That the C~ty Manager ~s authorized to make the expenditures as set forth
~n the attached Real Estate Contract
SECTION 3 That tins ordinance shall become effective ~mmed~ately upon Its passage
and approval
PASSED AND APPROVED this the 4 ~ day of ("~~ ,2000
JAC~JLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AP~V~;' AlTO LEGA-L-FORM
HERBERT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTP, ACT OF SALE iS made by and between EVA ELAINE, INC.
(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS,
a home rule municipality, of Denton, Denton County, Texas,
(hereinafter referred to es "Purchaeern), upon the terms and
conditions set forth herein.
PURCHASE AND SALE
1. 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 "AU attached with all
rights and appurtenances pertaining to the said property,
including any right, title end 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,
and conditions hereinafter set forth. Seller shall pay all cost
for the removal, installation, construction, reinetallation,
reconstruction, labor and materiels for any and/or improvements
located within the property described in Exhibit "An. Any
improvements not removed by January 31, 2000 shall become
property of the City of Denton, Taxes.
2. The City of Denton shall take reasonable care to ensure
that all utility service interruptions associated with the
utility service line relocations, brought about by the Riney Road
relocation project, be minimal and timely.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum o£ $10,000.00.
2. Payment of Purchase Price. The full amount of the
Purchase Price shall be payable in cash at the closing.
PURCHASERWS OBLIGATIONS
The obligations of Purchaser hereunder to consummate the
transactions contemplated hereby ere subject to the satisfaction
o£ each of the following conditions any of which may be waived in
whole Or in part by Purchaser et 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 Co~pany (hereinafter de£ined) to issue a
owners policy co=m~itment (the #Co~unitment") 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~itment that the condition of title es
set forth in the Co~mi~ment 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. Burvev. 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 shell be staked on the ground, and shell 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 ere no encroachments on the
Property and shall set forth the D,,~her 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
AEE008FE PAGE 2
so within ten (10) days after receipt of written notice,
Purchaser may terminate this Agreement, and the Agreement shall
thereupon be null end 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 Compliance. Seller shall have performed,
served, end complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
end 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, a£fecting title to the Property, or any part
thereo£, 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,
re~ulations, 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 Co~prehensive Environmental Response Compensation and
Liability Act (CERCLA), es amended.
CLOSING
The closing shall be held at the office of Dentex Title
Company on or before January 31, 2000, or at such title coa%pany,
AEE008FE PAGE 3
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 CITY OF DENTON, TEXAS, a MDNICIPAL
CORPORATION, a duly executed end 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 Oblioations 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 Dentax
Title Company, 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 CiQsina 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;
AEE008FE PAGE 4
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 UNot 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 i~aediately available funds.
3. Closino 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 cons,,w-~eting the sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser
RE~L ESTATE COMMISSION
All obligations of the Beller 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 consu~aate 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
AEE008FE PAGE 5
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 b7
written notice delivered to purchaser.
MISCELLANEOUS
1. Assi=nment of Aureement. This Agreement may be assigned
by Pur=haser 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 an7
rights and benefits of the parties, of the transactions
contemplated hereby shall survive the closing and shall not be
merged therein.
3. Notice. Any notice rec~Aired 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 ADDlv. 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, a~ministrators, legal representatives, successors and
assigns where permittedby this Agreement.
6. Leual 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 A=reements 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.
AEE008FE PAGE 6
8. ~. 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. ~. 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. ~. 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.
DATED this ~dey , I9~Y9.
SELLER PURCHASER
EVA ELAINE, INC. THE CITY OF DENTON, TEXAS
EVA ELAINE NERRITT
PRESIDENT City[Ma~a'ger
215 E. McKinney
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on thi~UYa/~day of
AEE008FE PAGE 7
~, ~ by Michael W. Jez, City Maltager, of the City
~ Dentonu a municipal corporation, known to me to be the person
and o£fic&r whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act o£ the said City
of Denton, Texas, a municipal corporation, that he was duly
authorised to per£orm 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 capa~ty therein state
ll~.,'~ J-EN-N~E~K WALT~R' -t ~0~ary ~ublic in and fo~
]1~ ~0m~P,hl~.sm~x.~ Ii ~e ~tate of Texas
p ~ O~mber 19, 2002
STATE OF TEXAS
COUNTY OF DENTON
Th, is i~Lstrument is acknowledged before me, on this ~Y~-' day of
~!~ , 1999 by Eva Blaine Merritt, President~, Eva Elaine,
Incorporation, a Texas Corporation known to me to be the person
and of£icer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was tho act of the said
corporation.
~.._t~l~")~) ,omry,ubllG, mats~ofl'sxas ~ ~ta~ P~iic in and for
~ ~ My Commission ~plres~.~ ~ the State o~ Texas
AEE008FE PAGE 8
All that certain lot, tract or parcel of land lying and being situated ~n the N H Meisenhelmer
Survzy, Abstra~ No 810, Denton County, Texas, and being a part of a (called) 12 818 aere tract
of land desonbed m a deed from Texas Conference Asso~anon of Seventh-Day Adventists to
Eva Elaine, Inc, dated July 20, 1995, as ~ordad under County Clerk's File No 95-R0047989 of
the Real Property Records of Dentun County, Texas, and being more pamcolerly described as
follows
BEGINNING at the northwest comer of a tract of land described m a deed to Herbert Thomas
Nelson, Jr and wife, Teresa $o Nelson, re~axlad under County Clerk's File No 99-R0047871 of
the Real Prop~n~'y Records of Denton County, Texas, same being on the west lmz of smd 12 818
acre tract, tn Raney Road,
THENCE North 01 o 1Y 00" West w~th th~ west line of smd 12 818 acre tract m Pane}, Road, a
distanco of 123,04 feet to a point for comer at the southernmost northwest comer of sa~d 12 818
THENCE North 27° 00' 00" West vnth a west line of s~ud 12 818 acre tract tn Rmey Road, a
thstance of 537 38 feet to a point for oomer at the northwest comer of sa~d 12 818 acre tract tn
Rmey Road, same being the southwest c~,ner of a tract of land described in a deed to Charhe
Melvin Cunnmgham, recorded m Volume 632, Page 217 of the Deed Records of Denton County,
Texas,
THENCE North 46° 55' 25" East w~th a north line of smd 12 818 acre tract and a .~outh line of
smd Cm.nmgham tract, a distanco of 15 39 feet to a point for comer,
THENCE South 27° 00' 00" East, 25 feet northeast of and parallel to the center of Raney Road, a
thstanco of 171 81 feet to a point for comer at the begummg of a curve to the left;
THENCE w~th smd curve to the let~, having a central angle of 42° 46' 08", a raahas of 175 00
feet, an arc length of 130 63 feet, w~th a chord which bears South 48° 23' 04" East a ahstance of
127 62 feet to a point for comer,
THENCE South 69° 46' 08" East, a distance of 25 59 feet to a point for come~,
THENCE North 01° 15' 00" West, a &stance of 28 80 feet to a point for comer at the beginning
ofa cUrv~ to the right,
THENCE vath smd curve to the nght, having a ~entral angle of 31° 55' 31", a radms of 315 00,
an ate length of 175.52 feet, with a chord which bears North 14° 42' 46" East a abatanco of 173 26
feet to a point for comer;,
THENCE North 30° 40' 31" East, a distance of 61 71 feet to a point for comer on the south nght-
of-way of U S Highway 77 (North Elm Sheet) at the begummg of a curve to the right,
THENCE vnth smd ~va, ve to the nght, having a central angle of 01° 13' 36", a radms of 2804 79
f~t, an aw len~h of 60 05 feet, vath a chord which bears South 5g° Sa' 14" East a distance of
60 05 feet to a point for corner;,
THENCE South 30° 40' 31" West, a distance of 59 17 feet to ~ point for comer at the begmmng
of a curve to the lef~,
THENCE with said curve to the left, having a central angle of 31 o 55' 31", a radius of 255 00
feet, an arc length of 142 09 f~-t, w~th a chord winch bears South 14° 42' 46" West a &stance of
140 26 feet to a point for comer,
THENCE South 01° 15' 00" East, a distance of 395 76 feet to a point for comer on the north line
of smd Nelson tract,
THENCE South 89° 49' 44" West w~th the north line of smd Nelson tract, a distance of 30 01 feet
to the POINT OF BEGINNING and contammg 1 06 acres of land ofwinch 0 18 acres are w~thm
the prescriptive right-of-way
EXHTBTT ~B"
SPECTAL WARRANTY DEED
Date =
Grantor= EVA ELAINE, INC.
Grantee= City of Denton
Grantee's ~ailing Address (including county)=
City of Denton
221 North Elm Street
Denton, Texas 76201
Denton, County
Consideration=
TEN THOUSAND DOLLARS AND NO/100 ($10,000.00) and other good and
valuable consideration.
Property (including any improvements):
All those certain tracts of land being situated in the N.H.
Meisenheimer Survey, Abstract No. 810, Denton County, Texas and
being more particularly described in ~EXHIBIT A" attached hereto
and by this reference being made a part hereof for all purposes.
Reservations Pro~ 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 , £or 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 GRANTEE, GRANTEE'S heirs, executor, administrators,
successors or assigns forever. GRANTOR binds GRANTOR and
GRANTOR,B heirs, executors, administrators and successors to
Deed -1
warrant and forever defend all and singular the property to
GP~NTEE and GP~TEE'S heirs, executors, administrators, successors
and assigns against ever~ person whomsoever lawfully claiming or
to claim the same or any part thereof, by, through or under, but
not otherwise.
When the context requires, singular nouns and pronouns
include the plural.
EVA ELAINE, INC.
BY:
EVA ELAINE NER~ITT
P.O.BOX 12
PONDEr, Texas ?6259
ACKNOWLEDGMENT
STATE OP TEXAS S
COUNTY OF DENTON S
This instrument was acknowledged before me on this __ day
of , 1998 by EVA ELAINE NERRITT, of EVA ELAINE, INC., Known
to me to be the person and officer whose name is subscribed to the
£oregoing instrument and acknowledged to me that the same wes the
act of the said corporation.
Notary Public, in and for
the State of Texas
My Commission Expires:
Deed-2