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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