2000-114AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND EVELYN BARTHOLD, ET AL, RELATING TO THE PURCHASE OF
APPROX~ATELY 1 7 ACRES OF LAND AT THE NORTHWEST CORNER OF 1-35 AND
LOOP 288 IN THE BBB & CRR SURVEY, ABSTRACT NO 141 FOR THE
CONSTRUCTION OF A WATER STORAGE FACILITY, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That the Caty Manager is hereby authorized to execute a Real Estate
Contract between the City and Evelyn Barthold, individually and as Independent Executrix of the
Estate of Edward Robert Barthold, and Fred Lee Barthold, Karen Mlehelle Lyle and Glynda Ann
Hmrston, I,n substantially the form of the Real Estate Contract wtuch ~s attached to and made a
part of this ordinance for all purposes, for the purchase of approximately 1 7 acres of land for the
purpose o~ constructing a water storage famhty
~ That the City Manager ~s luthonzed to make the expenditures as set forth
in the attached Real Estate Contract
~ That this ordinance shall become effective ~mmedlately upon its passage
and approval
ASSED APPROVED thisthe / day or ,2000
JA~ilLLER, MAYOR
ATTEST
JENNIFI~ R WALTERS, CITY SECRETARY
HERB~OU~ATTORNE
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE ~s made by and between Evelyn Barthold, Indlmdually and
as Independent Executrix of the Estate of Edward Robert Barthold, and Fred Lee Barthold, and
Karen Mmhelle Lyle, and Glynda Ann Hatrston (hereanafter referred to as "Seller") and CITY
OF DENTON, TEXAS, a home role mumcapahty, of Denton, Denton County, Texas,
(herematl~r referred to as "Purchaser"), upon the terms and condatmns set forth hereto
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PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay
for all that eertmn tract, lot or parcel of land an the B B B & C R R Survey, Abstract Number
141 conmstmg of approxmmtely 1 7 acres (nominal 250' x 250' sate (Tract 1) + 30' x 300'
strip(Tract 2)) as illustrated an "Exlub~t A", the specffic metes and bounds description to be
calculated and derived from a formal survey yet to be performed, exact acreage amount of
Tract 1 and Tract 2 combined shall be watlun the range of 1 6 acres to 1 8 acres, together w~th
all nghts and appurtenances pertmmng to the smd property, ancluchng any right, t~tle and
anterest of Seller ~n and to adjacent streets alleys or rights-of-way (all of such real property,
nghts, and appurtenances being hereinafter referred to as the "Property"), together wath any
amprovements, fixtures, and personal property situated on and attached to the Property, for
the conmderat~on and upon and subject to the terms, provaslons, and conchtlons hereanafter
set forth
Purchaser hereby acknowledges that the access driveway for the purchase tract wall be on
State H~ghway Loop 288
Seller and Purchaser hereby agree to work cooperaUvely wath sate grading msues related to
the mstallaUon of the proposed pubhc nnprovements specffically as they relate to cutting the
earthen ridge along the north right-of-way hne State Haghway Loop 288 to mmgate any
future utdaty elevation msues an regard to potentml development of the remmnder of the
Barthold parcel, whereby penmsmon to perform such actlvltaes will not be unreasonably
wathheld
PURCHASE PRICE
Amount of Purchase Pnce The purchase price for the Property shall be $1 00 per
square foot of land The 1 7 acre tract would yxeld Seventy Four Thousand and
Fafty Two Dollars and No Cents ($74,052 0o) The exact dollar amount purchase
price shall be calculated by umng the square footage amount derived by survey of
purchase tract
2
poyment of Purchase Price. The full amount of the Purchase Pnce shall be
payable an 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 m whole or in part by Purchaser at or pnur to the closing
Prehmmary Title Renort Within twenty (20) days aRer the date hereof,
Purchaser, at Purchaser's sole cost and expense, shall cause the T~tle Company
(hereinafter defined) to issue an 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 Comment
that the condition of title as set forth m the Commitment is or m not satisfactory
In the event Purchaser states the condition of utle is not saUsfaetory, Seller shall,
at Seller's option, promptly undertake to ehmmate or modify all unacceptable
matters to the reasonable satisfaction of Purchaser
Purchaser understands that Seller is under no obhgaUon to cure any title defects
complained of by Purchaser stated in Purchaser's written notme to Seller as
provided in fins paragraph In the event Seller is unable to do so within ten (10)
days after receipt of wnttan nouce, Purchaser, at its option may elect to terunnate
fins Agreement ( m which event fins agreement shall be null and void ), grant
Seller additional time to cure, or proceed to closing
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 unprovements, highways, streets, roads, railroads, nvers,
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 descnptlon
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 mothfy the unacceptable
portions of the survey to the reasonable satisfactions of Purchaser In the event
Seller is unable to do so within ten (10) days after receipt of written notice,
Purchaser, at its option may elect to terminate this Agreement ( in which event
Page 2 of 9
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tins agreement shall be null and voad ), grant Seller additional time to cure, or
proceed to closing
Seller's Comnhance Seller shall have performed, observed, and complied w~th
all of the covenants, agreements, and condmons reqmred by tins Agreement to be
performed, observed, and comphed wath by Seller prior to or as of the closing
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to purchaser, to the best of ~ts current knowledge,
as follows, winch representataons and warrannes shall be deemed made by Seller to Purchaser
also as of the closing date
1 There are no part,es m possession of any port, on of the Property as lessees,
tenants at sufferance, or trespassers
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Except for the prior actions of Purchaser, there as no pendang or threatened
condenmatlon or slmder proceeding or assessment or stat, affecting title to the
Property, or any part thereof, nor to the best knowledge and behef of Seller is any
such proceeding or assessment contemplated by any governmental authority
Seller has comphed w~th all apphcable laws, or&nances, regulations, statutes,
rules and restrictions ralatmg 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 toxxc or hazardous wastes or materials
mclude, but are not llmated to, hazardous matenals or wastes as same are defined
by the Resource ConservaUon and Recovery Act (RCRA), as amended, and the
Comprehensive Enwronmental Response Compensatxon and Ltablhty Act
(CERCLA), as amended
5 Seller hereby grants the C~ty of Denton and or xts designee formal penmsslon to
enter Seller's property m order to perform such field surveyang act~vmes to estabhsh
boundaries and monuments necessary to consummate the above-mentioned real property
purchase transaction
CLOSING
The closing shall be held at the office of Texas T~tle Company (the "T~tle Company"),
2215 South Loop 288, State 320, Denton, Texas on or before March 3, 2000(winch date is
herem referred to as the "closing date") The closing date may be extended by mutual agreement
of the part, es
Page 3 of 9
CLOSING REQUIREMENTS
el er' R m em ts At the closing Seller shall
A
Deliver to Purchaser a duly executed and acknowledged Special Warranty
Deed conveying good and marketable t~tle ~n fee s~mple to all of the
Property, free and clear of any and all hens, encumbrances, conditions,
assessments, and restnctlons, except for the following
2
General real estate taxes for the year of closing and subsequent
years not yet due and payable, and
Any exceptions approved by Purchaser pursuant to Purchaser's
~ hereof, and
B
3 Any exceptions approved by Purchaser m writing
4 Seller shall reserve an regress/egress easement within the
boundaries of Tract 2 (30' x 300' stop) within the body of the
Special Warranty Deed thereby preserving existing access rights to
their remainder parcel along State Highway Loop 288 frontage
road within the parameters of current or future subdlvlaon
regulations regarding access
Dehver to Purchaser a Texas owner's Policy of Title Insurance at
Purchaser's sole expense, ~ssued by Texas Title Company, Denton, Texas,
(the "Title Company"), m Purchaser's favor in the full amount of the
purchase price, msunng Purchaser's fee rumple title to the Property subject
only to those title exceptions hsted in ~ hereof, such
other exceptions as may be approved in writing by Purchaser, and the
standard pnnted exceptions contmned m the usual form of Texas Owner's
Pohcy 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 w~th same shall be borne by Seller,
2
The exception as to restnctlve covenants shall be endorsed
"None of Record",
The exception as to hens encumbering the Property shall be
endorsed "None of Record" other than those set forth ~n
"Purchaser's Obhgat~ons"
Page 4 of 9
The exceptton for taxes shall be limited to thc year of
closing and shall be endorsed "not yet due and payable"
C Dehver to Purchaser possession of the Property on the day of closing
Purchaser's Reouirements. Purchaser shall pay the consideration as referenced in
the "Purchase Price" section of this contract at Closing in immediately available
funds
3 ~ Seller shall pay all taxes and special assessments assessed by any
tax jurisdiction through the date of the 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, except for Seller's attorney
fees
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of this Agreement shall be
the sole responslbfl~ty of Seller, to the extent Seller has agreed to pay any such real estate
comnussion m writing, and Seller agrees to indemnify and hold Purchaser harmless fxom any
and all clauns for any such commissions
BREACH BY SELLER
In the event Seller shall fall to fully and timely perform any of its obligations hereunder
or shall fatl to consummate the sale of the Property except Purchaser's default, Purchaser as its
sole and exclusive remedy may either enforce specific performance of this Agreement or
terminate ttus Agreement by wnttan notice delivered to Seller
BREACH BY PURCHASER
In the event Purchaser should fall to consummate the purchase of the Property, the
conditions to Purchaser's obhgatlons set forth in PURCHASER'S OBLIGATIONS having been
satisfied and Purchaser being in default, Seller as its sole and exclusive remedy may enforce
specific performance of th~s Agreement, or terminate th~s Agreement by written notice delivered
to Purchaser
MISCELLANEOUS PROVISIONS
1
Ass~mment of Am'cement. Tlus Agreement may not be assigned by Purchaser
without the express wnttan consent of Seller
Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties,
Page 5 of 9
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pertmmng to a period of t~me following the closang of the transactaons
contemplated hereby shall survive the closing and shall not be merged therein
Notme. Any noUce reqmred or perrmtted to be dehvered hereunder shall be
deemed received when sent by Umted States mall, postage prepatd, cerUfied marl,
return recexpt requested, addressed to Seller or Purchaser, as the ease may be, at
the address set forth beneath the s~gnature of the party Seller's agent for
purposes ofnotace shall be
~ Thts Agreement shall be construed under and m accordance
with the laws of the State of Texas, and all obhgataons of the pames created
hereunder are performable m Denton County, Texas
~ This Agreement shall be binding upon and ~nure to the benefit of
the pames and their respective legal representatives, successors and assigns where
perrmtted by flus Agreement
~ In case any one or more of the prowmons contmnext in tins
Agreement shall for any reason be held to be lnvahd, illegal, or unenforceable m
any respect, smd ~nvahd~ty, illegality, or unenforceablhty shall not affect any
other prows~on hereof, and tins Agreement shall be construed as if the lnvahd,
illegal, or unenforceable provlsmn had never been contmned here~n
Prior A~eements Sunerseded Tins Agreement constitutes the sole and only
agreement of the part,es and supersedes any prior understanchngs or wntten or
oral agreements between the pames respecting the w~thm subject matter
~ Time ~s of the essence m this Agreement
~ Words of any gender used ~n tbas Agreement shall be held and construed
to include any other gender, and words m the singular number shall be held to
include the plural, and wee versa, unless the context reqmres otherwise
Comohance In accordance Wlth the requirements of the Texas Real Estate
Lmense Act, Purchaser is hereby advised that ~t should be funushed w~th or obtatn
a pohcy of title ~nsurance or Purchaser should have the abstract covenng the
Property examined by an attorney of Purchaser's own select~on
T~_klgg_~l.~h_In the event a fully executed copy of this Agreement has not been
returned to Purchaser within ten (10) days after Purchaser executes tins
Agreement and delivers same to Seller, Purchaser shall have the right to terminate
tins Agreement upon wntten notme to Seller
Page 6 of 9
DATED tins
,2000
PURCHASER
THE CITY OF DENTON, TEXAS
C~ty Manager
215 E McKmney
Denton, Texas 76201
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
SELLER
Evelyn Ma~/a Barthold, INDWIDUALLY and as
Independent Execumx of the ESTATE OF
EDWARD ROBERT BARTHOLD
SELLER
Page 7 of 9
SELLER
Karen M16helle Lyle
SELLER
Glynd~Ann Hmrston
SELLER'IADDRESS
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on ~.~_{~O~ [ ~ar' , 2000 by
Evelyn B~thold, INDIVIDUALLY an~ ~ .r~.~+_~ ^c.n.t 1' ^ r~ a, o q~xJrx'r w · lxrrxtt~ mo, *c,q- and
EDWARD RQ~ER~ BARTH~)LD
My Commission Expires
ACKNOWLEDGMENT
THE STATE OF ~ §
COUNTy OF ~.t'(~Ln~ §
This instrument was acknowledged before me on
~n and for the/S~tate of
i/~r~h, NOT~fl'~I~JO 1l MyCommlsslonExplres
, 2000 by
Page 8 of 9
ACKNOWLEDGMENT
THE STATE OF ~ §
COUNTY OF ~q/~ §
This instrument was acknowledged before me on ~/~.~ ~U~g-t
Karen Mlehelle Lyle ~~ ~~ /
N~ Pubfic, ~n~d~tat~ Of
M~ Co~lSSlon Expires
ACKNOWLEDGMENT
THE STATE OF OK §
COUNTY OF ~ §
This instrument was acknowledged before me on
Glynda Ann Hmrston
~'-, Ot: ~1. ~
· IN h .
Notary Pubhc, in and for the State
MyComm~ssmnExp~res \~ ~-
, 2000 by
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EXHIBIT "A"