2000-016 ORDINANCE NO ~000 - O/¢
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND CHARLES R JACKSON, RELATING TO THE PURCHASE OF 0 462 ACRE
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 C~ty Manager ts hereby authorized to execute a Real Estate
Contract between the Cay and Charles R Jackson, m substantially the form of the Real Estate
Contract wluch ~s attached to and made a part of thru ordinance for all purposes, for the purchase
of 0 462 acre of land for the RJney Road Reahgnment w~th U S Highway 77
SECTION 2 That the Ctty Manager ts authorized to make the expen&tures as set forth
tn the attached Real Estate Contract
SECTION 3 That this ordmance shall become effecttve tmmedtately upon ~ts passage
and approval
PASSED AND APPROVED this the ,~?Lc day of (~ ,2000
JA~tLLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HE ERTL PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between CHARLES R.
JACKSON (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,
and conditions hereinafter set forth. Purchaser shall pay all
cost for the removal, installation, construction, reinstallation,
reconstruction, labor and materials for any and/or improvements
located within the property described in Exhibit "A". Any
improvements not removed b~ March 31, 2000 shall become property
of the City of Denton, Texas.
PURCHASE PRICE
1. ~m~unt of Purchase Price. The purchase price for the
Property shall he the sum of $10,927.00 net, excluding taxes,
liens, Judgements, penalties and/or interest.
2. ~v~A~t 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 pert by Purchaser at or prior to the closing.
1. Preliminary Title RePort. Within twenty (20) days after
the date hereof, Purchaser, at Purchaser's sole cost and expense,
shall have caused the Title Company (hereinafter defined) to
issue · owners policy commitment (the ,,Conunitment") accompanied
by copies of ell 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 es set forth in the Commitment is or is not
satisfactory. In the event Purchaser states the condition of
title is not satisfactory, Purchaser shall, at Purchaser's
option, promptly %u%derteke to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser.
In the event Purchaser is unable to do so within ten (10) days
after receipt of written notice, this Agreement shall thereupon
he null and void for all purposes~ otherwise, this condition
shall be deemed to be acceptable end any objection thereto shall
be deemed to have been waived for ell purposes.
2. ~e_y. Purchaser may, et Purchaser's sole cost and
expense, obtain a current survey of the Property, prepared By e
duly licensed Texas lend surveyor acceptable to Purchaser. The
survey shall he 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 ars no encroachments on the
Property and shall set forth the number of total acres comprising
the Property, together with · metes end bounds description
thereof.
Purchaser will have ten (10) days after receipt of the survey
to review end 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. Purchaser shall,
at Purchaser's option, promptly undertake to eliminate or modify
the unacceptable portions of the survey to the reasonable
satisfaction of Purchaser. In the event Purchaser is 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 he returned by the Title Company to Purchaser.
AEE008FE PAGE 2
Purchaser's failure to give Seller this written notice shall be
deemed to be Purchaser's acceptance of the survey.
3. Seller,s Comnliance. 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 WARP~tNTIES 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 cond~nation or similar proceeding or
assessment or suit, affecting title to the Property, or any part
thereo£, nor to the best kxxowled~e and belief of Seller is any
such proceeding or assessment contemplated by any governmental
authority.
3. To the best of the seller's knowledge, 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 ~terials on or within the Property. Such
toxic or hazardous wastes or materials include, but ars not
limited to, hazardous materials or wastes as same are defined by
the Resource Conservation and Recovery Act (RCRA), as emended,
and the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA), as amended.
CLOSIN~
The closing shall be held at the office of Dentex Title
Company on or before March 31, 2000, or at such title company,
time, date, and place as Seller and Purchaser may mutually agree
upon (which date is herein re£erred to as the "closing date").
AEE008FE PAGE 3
CLOSIN~ REQUIREMENTS
1. ~911er~s Reauiremants. At the closing Seller shall:
A. Deliver to City of Denton 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 end subsequent years not
yet due and payable;
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obliaations here-
of~ and
3. Any exceptions approved by Purchaser
in writing.
B. Purchaser to obtain · Texas Owner's Policy of Title
Insurance et 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 Closina Reauirements 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 Purcheser~
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
AEE008FE 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 Reauiremente. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in immediately available funds.
3. Cloeina Costs. Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing. All
other costs end expenses of closing in consua~ating the sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser.
REAL ESTATE CO~ISSION
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 fei1 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 per£ormanoe 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
perform&nos of this Agreement, or terminate this Agreement by
written notice delivered to purchaser.
AEE008FE PAGE 5
MISCELLANEOUS
1. Assi~nment 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 an7
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 A~DDiy. 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 o£ the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Leas1 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 Aareements Sucerseded. 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 is of the essence in this
Agreement.
9. Gender. Words of any gender used in this Agreement shall
AEE008FE PAGE 6
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 aocordance 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 Lim~. 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 / day of /~-~ ·
SELLER PURCHABER
Charle~ R. uackeo~ ~ Bw- Mich~e'l W//~e~
Cit~Man~er
215 E. McKi~ey
Denton, Texas 76201
AEE008FE PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
Th~ instrument is acknowledged before me, on this ~ day of
~, ~y Michael W. Jez, City Manager/of the City
o~/Denton,~a muni~pal 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 pu~oses and consideration
therein expressed, and in the capaoityf~erein~..~ate~
~ ~-~/ ~¢~m~l#1~E~m, ~ the State of Texas
STATE OF TEXAS
COUNTY OF DENTON
s instrument is~kno~l~dg,d b~o~ ~ae., on this /~day of
Noba~ P~ and for
~RV ~ 7~NKLIN
I~j~l ~te of Tex~ I
~ Co,m ~plres 4
AEE008FE PAGE 8
EXHIBIT "A"
All =hn~ eert&l~ lot, tract or p~ronl of land situated
~. H, ~o~=onho~mer Survey, Abst~.n t
To, ~=, ~ol..~ tho s~me tr~c~ of'~ ~o, 810, ~aton Cou~=~,,
convoyed by J.
· oco.,~ed ~,~ Volu~e aB1 ~ ..... p ~y,_~c., ~ed Jul, ~, 1947,
sGt.=~ ~ltd 102~ ~oet west of the ~thQ~ cor~r of said
~C~ ~or~h 57 do~, 07' ~CS~ with the ~torCh
_~* A ~ ~. L~ Tr&~spot. c Comp~tty~ ~.c., trac~, 280 3
T~J}I~ SOUth 2~ de~, 44'
SAVE & EXCEPT
BEING A PARCEL OF LAND SITUATED IN A CAI; eft 0.El S-ACRE PARCH. OF LAND CONVEYED TO CHARLES R.
JACKSON, RECORDED IN VOLUME IEEE, PAGE 214, DEED RECORD~ OF DENTON COUNTY, TEXAS (DRDCT),
AND BEING SITUATED IN THE N.H. MEISENHEIMER ~URVh~f. ABSTRACT NO. 810, C~ OF DENTON, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOg. OWE:
COMMENCING for reference ~ a fiend 1/2-inch ina ~d for the nerth~ comer of e c~ed 0.220-acre parcel
of lend conveyed m EroDe/O. Groaning, maorded in Volume 898, Prigs 793, DRDCr, same being e point on the
west property line of 8aid Jackson teat;
THENCE S 01 · 22' 39' F. along the cut fine of Ma; G~aning ~ and west fine of Mid Jackson ITa,~ a
distance of 129.86 feet to ii 8et E r8-inoh iron rod wflkon Muminum alp- being the POINT OF EE~;INNING, same
being a point on the new north right of way riel of US. 77;
(1) THENCE S Sa° 11' 3B' E, along the new north dgilt of wey fine of U.S. 77, a distance of
IEa.2E feet to a 8et Pit nail with sneer an the el~ fins of Mid Jadmon tiler being near the
conmriine of Rinay Road:
(2] THENCE S 26° 39' 28' ~ w~h me em fine of said .Jadcson u'a~ and the cemerilne of said
Riney Road, a diKance of 61.4E feet ~o e point being We southeast comer of Mid Jackson tract,
I~me being e point on the mdadng nordt right of way fine of U.S. 77;
(3) THENCE NEB ° 02' 3E' W, with tho saUdllina of Mid Jaalmon tre~, and the existing earth right
of way line of U.8. 77, a dletan~ of 230.00 feet to · fl)und l/2-1nGh iron md for the anuthwes~
~mer of said Jaakson ~ and being dm eontheis~ corner of said Groaning ~recc
(4) THENCE N 01 ° 22' 3E' W, Widl the fine seaman to Mid Jadmon tra~ and Mid Greaning trecc,
g dlmnco of :37.69 feet to the POINT 0FBEGINNING smd onnudning 0.I E6 sm1, or 6,807 Icluere
feet of land, of which 1207 IClmlre feet mlidsa in the pms~ptive right of way of Riney Road,
more or lisa.
,eXHZ.RZT ~,~.
pete .'
Grantor= CHARLES R. JACKSON
Grantees City of Denton
Grantee's Mailing Address (including county) s
City of Denton
221 North Elm Street
Denton, Texas 76201
Denton, County
Considerations
TEN THOUSAND, NINE HUNDRED, TWENTY SEVEN DOLLARS AND NO/100
($10,927.00) and other good and valuable consideration.
Property (including any improvements)=
All those certain tracts of land being situated in the N.H.
Meisenheimar Survey, Abstract No. 810, Denton County, Texas and
being more particularly described in ~EX~IBIT 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 ~oti all presently recorded instruments, other than
liens and conveyances, that affect the property.
GRANTOR , for the consideration, receipt of which is hereby
acknowledged, end 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"S heirs, executors, administrators and successors to
Deed -1
warrant and forever defend all and singular the property to
QRANTEE and QRANTEE'S hairs, executors, administrators, successors
and assigns against every person whomsoever lawfully claiming or
to claim the same or any part thereof, by, through or under, hut
not otherwise.
When the context requires, singular nouns and pronouns
include the plural.
P.O.BOX 831967
RICHARDSON, TEXAS 75083
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
~ ~.his in, t~=.n~ w,, ac~owl,dg,d b.for, m. on thi,
Nota~ P~i~, in and
Deed-2