2000-245S\Our Wcumanl[WN~oCO[K(MC MCI(IwCRUI &1&e COnln[I dC[
ORDINANCE NO OWO-9445-
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND CAROLYN S MCKINZIE RELATING TO THE PURCHASE OF
APPROXIMATELY 0267 ACRE OF LAND AND AN APPROXIMATE 0332 ACRE
DRAINAGE EASEMENT, BOTH BEING LOCATED IN THE THOMAS TOLBY SURVEY,
ABSTRACT NO 1288 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
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 Carolyn S McKenzie 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 0 267 acre of land and an approximate 0 332 drainage easement 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 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the J~t day of '2000
&Att~ Aft4~-p
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between CAROLYN S. MC
KINZIE (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 by August 31, 2000 shall become property
of the City of Denton, Texas.
PURCHASE PRICE
1, Amount of Purchase Price. The purchase price for the
Property shall be the sum of $39,680.00 net, excluding taxes,
liens, judgements, penalties and/or interest.
2. Payment 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 part 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 a owners 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, Purchaser shall, at Purchaser's
option, promptly undertake 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
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 not 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. 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 be 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 Compliance. 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 dates
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 beat knowledge 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, 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 Dentex Title
Company on or before August 31, 2000, 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").
AEE008FE PAGE 3
CLOSING REQUIREMENTS
1. Seller's Requirements. 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 and Drainage Easement Documents in the
form as attached hereto as Exhibit "E° 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.
8. Purchaser to obtain a Texas Owner's Policy of Title
Insurance at Purchaser's sole expense, issued by Dentex
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 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";
AEE008FE PAGE 4
3. The exception for taxes shall be
limited to the year of closing and shall
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. Closing 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.
REAL ESTATE COMMISSION
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 fail 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 performance of this Agreement or
terminate this Agreement by written notice delivered to seller.
BREACH BY
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.
AEE008FE PAGE 5
MISCELLANEOUS
1. Assignment of Agreement. 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 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 A=ly. 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 Sound. 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 Syperseded. 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.
AEE008FE PAGE 6
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. 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.
DATED this -3 day
of , 2000
SELLER
/0
C rolyn 8. Nor. aie
;,PPROVEO AS TO FORM*
CITY ATTORNEY
TEXAS
CITY OF Dgwy+R, ,
rY.
PURCHASER
THE CITY OF DENTON, TEXAS
v
By/'~o
Mich el W.
City Mana r
215 E. McKinney
Denton, Texas 76201
AEE008FE PAGE 7
STATE 08 TEXAS
COUNTY 08 DENTON
This instrument is acknowledged before me, on this L P day of_
2000_ by Michael W. Jez, City Manager, of the City
of De on, 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.
f
110 1 JENNIFER N WALTERS cta Public in and for
NemryPoiblic 9ra[e of Texn+
My anmmminn Expires the State of Texas
At December 19, 2002
STATE 08
COUNTY OF aeAejuta-d
This instrument is acknowledged before me, on this S day of
51AIj„ 2000_ by Carolyn S. Mc Kinzie.
No ary Public in and for
the State of &t"AS
MY COMM. F'• 10-24-01
AEE008FE PAGE 8
County Denton
Parcel 33A
Highway U S. 77
Project Limits
EXHIBIT 'A'
From I H 35
To us 80
CSJ 0195-02-
Account
LEGAL LAND DESCRIPTION FOR PARCEL 33
Page 1 of 2
D-15-
October, 1996
BEING A 0 267 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOLBY SURVEY, ABSTRACT NO 1288, IN
DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 569 ACRE TRACT OF LAND CONVEYED TO JESSIE
M ANNEAR BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 910, OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS (DRDCT). SAID 0267 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS
COMMENCING for reference at the southeast comer of the Jessie M Annear called 1 559 acre tract, from which a 1/2-inch
iron rod found bears S 00' 19' 27' W, a distance of 1 13 feet,
THENCE N 01' 03' 34' E, along the east line of said Annear tract, a distance of 247 30 feet to a set 5/8-inch iron rod wrth
an aluminum disk marked Texas Department of Transportation (TXDOT) for the POINT OF BEGINNING, said point being
on the new southwesterly right-of way line of U S Highway 77,
(1) THENCE N 58' 11' 3T W, along the new southwesterly right-of-way line of U S Highway 77, a distance
of 216 58 feet to a set 5/8-Inch Iron rod wfth an aluminum disk marked TXDOT, in the common line
between said Jessie M Annear tract and that certain Treat 1 conveyed to David A Coggin, Trustee by
Instrument of record In Volume 2614, page 845 DRDCT,
(2) THENCE N 01' 05' 41' E, along said common line, a distance of 62 31 feet to a 1/2-Inch Iron rod found
for the northwest corner of said Jessie M Annear tract, the same being in the existing southwesterly right-
of-way line of U S Highway 77,
(3) THENCE S 58' 15' 32' E, along the northerly line of said Jessie M Annear tract and the existing
southwesterly right-of-way line of said U.S Highway 77, a distance of 216 39 feet to a 1/2-inch iron rod
found at the northeasterly comer of said Jessie M Annear tract, the same being the northwest comer of
a called 1 559 acre tract conveyed to Tex Morgan Martin as evidenced by deed recorded in Volume 3178,
page 898 DRDCT;
o-2GW
County Denton
Parcel 33A
Highway U 7
Project Limas
From I H $5
To S 380
CSJ 0195-02-
Account
EXHIBIT W
Page 2 of 2
D-15-
October, 1996
(4) THENCE S 01° 03' 34" W, along said common line, a distance of 6262 feet to the POINT OF
BEGINNING, and containing 0 267 acre, 11,629 square feet, more or less of land area within these metes
and bounds
A Piet of even survey date herewith accompanies this description
SURVEYED ON THE GROUND
OCTOBER, 1996
ESPEY HUSTON & ASSOCIATES, INC
G Den s Qualls, R Plff
Texas Registration No 4276
Date
D2M
L,
I
County Denton
Parcel 33AE
Highway U S 77
Project Limits From I H 35
To US 380
CSJ 0195-02-
Account
EXHIBIT "A"
LEGAL LAND DESCRIPTION FOR PARCEL 33AE
Page 1 of 2
D-15-
December 1998
I" BEING A 0 332 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOLBY SURVEY, ABSTRACT NO 1288 IN
DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRE TRACT OF LAND CONVEYED TO 5, E
M ANNEAR BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 910, OF THE DEED RECORDS OF 0E,4TGN
COUNTY, TEXAS (DRDCT) SAID 0 332 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS
P~
COMMENCING for refere„Le at the southeast comer of the Jessie M Annear called 1 559 acre tract, from which a 1/2-incn
iron rod found bears S 00' 19'27" W, a distance of 1 13 feet;
THENCE N Ot' 03'34" E, along the east line of said Annear track a distance of 216 46 feet to a set 5/8-inch iron rod with an
aluminum disk marked Texas Department of Transportation (TXDOT) for the POINT OF BEGINNING,
(1) THENCE S 31' 41' 32" W, crossing a portion of said Jessie M Annear track a distance of 251 77 feet to a
set 60d nail in a Bois d'arc tree, in the common line between said Jessie M Annear tract and that certain Lot
1, Block 1, Lake Class Addition, an addition to the City of Denton per plat recorded in Cabinet N, Page 320 of
the Plat Records of Denton County, Texas,
(2) THENCE N 88' 52'38"W, along said common line, a distance of 58 07 feet to the southwest comer of said
Jessie M Annear tract, the same being in the northwest comer of said Lot 1, Block 1, Lake Class Addition a
found %rinch Iron rod,
(3) THENCE N 31' 41' 32" E, crossing a portion of said Jessie M Annear tract, a distance of 307 91 feet to a set
5184nch iron rod with an aluminum disk marked Texas Department of Transportation for the new south right.
of-way line of said U S Highway 77,
(4) THENCE S 58' 11'37' E. along the new south right-of-way line of said Highway 77, a distance of 34 29 feet
to a set 5184nch iron rod with an aluminum disk marked Texas Department of Transportation in the easterly
line of said Jessie M Annear tract;
(5) THENCE S 01' 03' 34' W, along the easterly line of said Jessie M Annear track a distance of 30 84 feet to
the POINT OF BEGINNING, and containing 0 332 acre, 14,446 square feet more or less of land area within
these metes and bounds
L
1'
A plat of even survey date herewith accompanies this description
SURVEYED ON THE GROUND
DECEMBER, 1998
PBS&J
B Glenn Crouch, R LS
Texas Registration No 5255 ~P
wy -
a GLENN CROUCH
...11 ..1..
Date / f~~4~
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