2000-312 ORDINANCE NO _~-f--'~/~-
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND NEW HOPE MISSIONARY BAPTIST CHURCH RELATING TO THE
pURCHASE OF APPROXIMATELY 0 038 ACRE OF LAND AND 0 0036 ACRE OF LAND,
BOTH BEING LOCATED IN THE NATHAN WADE SURVEY, ABSTRACT NO 1407 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
Mana er ~s hereby authorized to execute a Real Estate Contract
S.S__ECTI~TJ~_N _1 The C~ty_ .. g~e~]___ xqsmon~rv Baptist Church m substantially the form
between the Ctty of Denton and New hop* ~v, --J
of the Real Estate Contract Much as attached to and made a part of this ordinance for all
purposes, for the purchase of approxamately 0 038 acre of land and 0 0036 acre of land for the
U S Haghway 77 Project, w~th tatle vesting m the State of Texas
~ The C~ty Manager is authorized to make the expenditures as set forth in the
attached Real Estate Contract
~ Tlus ordinance shall become effectave ammedlately upon its passage and
approval APPROVED thlsthe day of --' 2000
PASSED AND --
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY _.. -~
ApPI~ED AS TO LEGAL FORM
REAL BSTATE cONTRACT
STATE OF TEXAS
coUNTY OF DENTON
made by and between NEW HOPE
THIS CONTRACT OF SALE.. is ---=~r re£erred to as .Seller")
D home rule municipality, o~ Denton,
nd cITY OF ~NTON, TE.~.~..S, a ...... ~..,~ to as .purchaser"),
Denton ccun,y, "~LL~d[tions set £orth herein.
upon the terms and
pURCHASE ANDSALE
seller hereby sells and agrees to convey, and Purchaser
hereby purchases and agrees to pay Eot all that certain tract,
lot or parcel o~ land described in Exhibit "A" attached with all
es pertaining to the said property,
rights end epp~r~n&nf:,,,-nd interest o£ seller in
including any r~g~ u .... ~--o~ way (all o£ such rea~
adjacent streets, alleys or r~- '
enanCeS being hereine~ter re£erred to as
ertv, rights, and eppurt ...... ~.,rovements, £ixtures, and
-. rt .), to ether wLun =~y *--= r
the Props Y ~ ...... ~ attached to the Property, ~o
ersonal property s ua,e- to the terms, provisions:
%he oo~sideretion aha upon anu ~--f: ~eller shall pay ell
er set ~orun.
..~ conditions hereina£t ..... ~.,,~ reinstallation,
:-- -=- -emoval, installatLon, Gu,,-~ .... i°_ni~/~r i~rovements
located within the pr p _F ------~er 29, 2000 shell become
improvements not removed Dy
proper~¥ o£ the City o£ Denton, Texas.
PuRCHASE PRICE
1. ~-.~unt o~ Purchase Pr~icg. The purchase price £or the
~roper~¥ shall be the s~ DE $1,068.00.
2. Pa_~y--_~-t o£ purchase price. The £ull amount DE the
purchase price shall b~epeyeble i~ ~esh at the closing.
PURCRASER~S OBLIGATIONS
The obligations o£ PurChaser hereunder to consummate the
transactions contemplated hereby are subject to the satis~action
o£ each o£ the ~ollowing conditions any o~ which may be waived in
whole or in part by Purchaser at or prior to the closing.
_ _ Reoort. within twenty (20) days a~t~
· preli~4_at.f Title ~ -~ · --~- ~ and expense,
1 __ - ez~er'B ~u~
the date hereo£, 8eller~ at s ,hereina£ter de£ined) to issue a
he Title company
have caused t . ~ ,.~ .Coamtitmentn) accompanied by
owners policy oo~m~menu ~"~--~4.~ to easementS, rights'°c'~T~'
o£ &11 recorded documents r~a~---PurCheser shall give Seller
PurchaSer reG ..... t . ~ '- -r is not sat~scacuu~. In
event purchaser states ,
£&cto , Seller shall, at geller s option, promptly
saris ry ..... ~- all unacceptable matters to t~e
undartak- to eli=n.' o=.--:~he..r' ~n th..v.nt S.ll.r
reasonable setis£act~on oc
unable to do so within ten (10) days a~ter receipt o£ written
shall thereupon be null end void ~or ell
notice, this Agreement ....... ~4~4on shell be deemed to. be
pu~o.*., othe~i..:_ =tt~_ 2:::::~ .hell b. daemed to hey. ~..n
acceptable end any o~]eccLon
waived £or ell purposes.
.u... pu.h...r may..t
duly licensed Texas lan . ound, and shall show the location
on tee gr
rye shall be staked -- a , railroadS, riverS,
BU Y ~ h4~Bw&~B, streuts, to_dS. _ ....
o£ &11 improvements, ---=- -- -asements, en~ rLgnu~
or adjacent to the wrope~uy, '_ ..... ,~hmentS on the
property end shall sec
the property, together with · metes and bounds
thereo£.
purchaser will have ten (10) days e£ter receipt o~ the survey
In the event the surVey is
to revieW and approve the survey.
unacceptable, then Purchaser shell within the ten (10) day
tten notice o£ this £&ct. seller shell,
period, give seller wri .. -~--~e to eliminate or modi£y
a ........ £ the survey uu
unacceptable ~o_~ti~__r: In the event ,eller is uns~ltl~_i0
satiS~action oC ~urcn~-- receipt o£ written
so within ten (10) days &£ter
PurchaSer may terminate this Agreement, and the Agreement shell
thereupon be null end void £or all purposes and the Escrow
Deposit shall be returned by the Title Company to Purchaser.
purchaser,s £eilure to give Seller this written notice shell be
deemed to be Pureheser~s acceptance o£ the survey.
PAGE 2
AEE008FE
-- lied with all o£ the cova~a~A~o,_ = . _~ ..... ~
conditions required by tn~S AM .... _ .... in~.
and complied with hy seller prior to or as o~ the CAQ~ ~
REpRESENTaTiOnS AND WARRANTXES OF SE~LER
Boiler hereby represents and warrants to Purchaser as
£ollows, which representations end warranties shall be deemed
made by seller to Purchaser also as o£ the closing date:
1. There are no parties in possession of any portion o£ the
Property as lessees, tenants at su£~erence, trespassers or other
parties.
r the riot actions o~ purchaser, there is no
2. Except £o - P .... ~-- r similar proceeding or
pending or threatened co~aem~vtv"=_°.=- ~.~.~v. or any pert
thereo£, nor to the beet ~now~e ~
such proceeding or assessment contemplated by any governmental
authori~y.
~. Seller has complied with all applicable laws, ordinances,
re~ulations, statuteS, rules and restrictions relating to the
property, or any part thereo£.
4. To the h..t o£ th...ll.r', knowl.d 't ;~:t~ t;~
or haza,dou, wa.t., or mat.rial, on or wi th~ ~'~o
or materials include, but are not
US wastes
toxic or hazardo ...... .~. n~ same are defined by
limited to, hazardous materials or w~.~-~_-~- ~ as amended,
the ReSourCe Conservation end Recovery ~ · ....... ' ~ and
and the Co~prehensive Environmental Responee Compene&=~on
Liability Act (CERCLA), es amended.
CLoBING
The closing shall be held et the office o~ Dentex Title
Company on or he£ore September 29, 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 &e the
-closing date").
PA~E ~
AEE008FE
1. Se___ller'S RequirementS. At the closing seller shall:
&. Deliver to State o£ Texas, acting by and through the
rtation Coa=aission a duly executed and
Texas .T~an~po~z_~ in the £orm as attac~ed
ackn~Ae~e~ ~'~ ..... ~ ,~d~rket~le title to aAA
E~ibi~ ~B" oonve~n~ ~ -- - ---- an~ all liens,
the property, ~ree an~ clear
conditions, eas~ents, assessmentS, and
enc~rances,
restrio~ions, except ~or the Eollowing:
1. General real estate taxes Eot the
year o~ cloein~ and s~se~ent years not
~e= due and pa~le~
2. ~y excep~ions approved by purchaser
pursuant to ~urohaser'e Obli a~ions here-
o~ and
3. ~y excep~ione approved by Purchaser
purchaser a Texas ~er's Policy o~ Title
B. Deliver Co . , ---- -~ense, issue~ b~ Dentex
.... Denton,
Title ~pa,,~, ....... d Purchaser
agree upon, i · - - Eee simple title ~or t~e
che purchase price, xnsur~ng
as ~o ~he proper~y s~Ject only to those
S~ate o~ Tex ..... =~n- Re~ir~ents hereo~,
such o~her exoep~ions
the standard prin~ed exceptions con~axnea
Purchaser, and ..... s ~er'S Polic~ cE Title
in the usual ~o~ o=
insura&ce, provided, h~ever:
with s~e shall be borne by Purchas
2. The excep~ion as ~o reetric~ive cove-
nants s~11 be endorsed .None cE Record"~
pAGE 4
AEE008FE
3. The exception £or taxes shall be
limited to the year o£ closing and shall
be endorsed .Not Yet Due and payable"l
and
the Property sh&11 be endorse=
Record".
C. Deliver to Purchaser possession of the Property on
the day of closing.
,~A 's Re irements. Purchaser shall pay the
2. Put .... sar qu ..... .u,,rchase price" section of
- =tact at Closing in iam%ediatel¥ available tunaS.
this co~u
· seller shall pay all taxes assessed by
3' ~ .... ~rou-h the date o£ Closing. AI~
a~ tax collectio~ aut~or=uY ~'
Y - -= olosin" in consummating the sale. a~
other costs &ne expenses o= --- w i~al v allocated herein s~aAA
e paid by purchaser, except ~u~ ~ ..... Y
All obligations o£ the Seller and Purchaser tot payment o£
brokers' £ees are contained in separate written agreements.
BR~ACH BY SELLER
In the event seller shall £ail to £u11y and timely per£orm
any o£'its obligations hereunder or sh&11 £ail to constm~ate the
sale o,£ the Property except Purchaser's default, Purchaser may
either entorce speci£ic per£ormance o£ this Agreement or
terminate this Agreement by writ=en notice delivered to seller.
BR~ACH BY pURCHASER
In the event purchaser should ~ail ~o consummate the purchase
of the property, the conditions to Purchaser's obligations set
£orth in pURCHASER'S OBLIGATION8 having been satisfied and
de£ault seller may either en£OrCe speoi£ic
Purchaser being in _ _ inate this Agreement by
nt or term
per£Oz~ance o£ this Agreem~ , .... .
written notice delivered to purcnas~
PAGE 5
AEE008FE
MISCELLANEOUS
1. A~si~n~ent 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 shell survive the closing and shall not be merged therein.
3. Notice. A~y 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 ADply. 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, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Legal Construction. In case any one or more o£ the pro-
visions Contained in this Agreement shall for any reason be held
to be invalid, illegal, or unen£orceable in any respect, said
validity~ illegality, or unenforceability shall not affect any
other pr~vision hereof, and this Agreement shall be construed as
if the invalid, illegal, or unenforceable provision had never
been con~ained herein.
7. Prior ~ree~ents Superseded. This Agreement constitutes
the sole and only agreement of the parties end supersedes any
prior understandings or written or oral agreements between the
parties .respecting the within subject matter.
8. Time of Essence. Time is o£ 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. ~nrandum 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
1er, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
DATED this ~~-~ day of ~, 2000'
SELLER pURCHASER
NEW HOPE MISSIONARY THE CITY OF DENTON, TEXAS
BAPTIST CHURCH ~
City Man~ger
K~~! ~J~ Denton, Tex, s 76201
~TY~
PAGE
AEE008FE
STATE OF TEXAS
COUNTY OF DENTON
Th~ %nstVument is acknowledged before mo, on this 5 day of
~,~/~ 2000 by Michael W. Jez, City Manager, of the City
~municipal corporation, known to me to be t. he pers~
and officer whose name is subscribed to the foregoing ~nstrume
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 o~ Denton and that he executed the same
as the act of the said City for ~rposes and consideration
therein expressed, and in the oap~
CO~ O~ D~O~
~~ 2000~
the State Texas
AEE008FE PAGE 8
EXHIBIT 'A" Page 1 of 1
County ~ Rev June 30, 1994
H~ghway ~
ProjeCt t Jails From L~H. 35
To ~
CSJ ~ ~5.02~
Account _
FIELD NOTES FOR PARCEL ~) I=ART 1
BEING A PARCEL OF LAND SITUATED IN A CALLED 239.388-ACRE PARCEL OF LAND CONVEYED TO TI 239B
JOINT VENTURE RECORDED IN VOLUME 2432, PAGE 21, DEED RECORDS DENTON COUNTY, TEXAS IDRDCT),
AND BEING SITUATED IN THE NATHAN WADE SURVEY, ABSTRACT NO 1407, CITY OF DENTON, DENTON
COUNTY, TEXAS. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference et a found 1/2-ranch won rod for a point on the south right of way I.na of Loop 288,
same being a point on the north property I~ne of a 23 677-acre parcel (TraCt 1 ) conveyed to H~llwood Land/Denton
Ltd, recorded .n Volume 2470, Page 690, DRDCT,
THENCE N 35* 53' 59" E, along the south right of way of Loop 288, a d.stance of 90 23 feet to a eel 518-inch
iron rod w~th an aluminum cap, being a point on the new south right of way hne of U S 77,
THENCE S 56° 11 ' 36" E, along the new south right of way line of U S 77, a distance of 323 45 feet to a set
5/8-inch ~ron ;od with an aluminum cap, being the POINT OF BEGINNING, also being · point on the south property
line of sam H~llwo~d Tract 1, and the north property Ima of said TI tract,
{1 ) THENCE N 01 e 08' 07" E, with the line common to said TI tract and HIIIwood Tract 1, a distance
of 23 65 feet to · found ll2-1nch iron rod for the northwest comer of said TI tract, same bang
the northeast comer of said HiIIwood Tract 1, and being In the existing south right of way Ima of
U.S 77,
(2) THENCE $ 58* 06' 09' E, along the north line of said TI tract and the exlstang south right of wat~Ye
line of U S 77, a distance of 136 57 feet to set 5/8-inch Iron rod w~th an aluminum cap m
new south right of way line of U S 77,
(3) THENCE N 69o 48, 18. W, with the new south right of way hne of US 77, s distance of 100 00
feet to a set 5/8-inch iron rod with an aluminum cap.
(4) THENCE N 58° 11' 36' W, continuing with the new south right of way hne of U S 77, a distance
of 26 55 feet to the POINT OF BEGINNING and containing 0 038 acre or 1 ,B55 square feet of
Isnd. more or lass
~ohn F Wtlder. R P L S
Texas No 4285
EXHIBIT "A"
Page ! of 2
County Denton Rev March 31, 2000
I-hghway U S 77
Project Dm~ts From I H 3Q
To U S 380.
CSJ 0195-02
Acct Legal Land Description for Parcel 9 Part 2
BEING 130 square feet of land, more or less, s~tuated tn the Nathan Wade Survey, Abstract
Number 1407, Denton County, Texas and being part of a tract of land conveyed to T I 239 B
Joint Venture by deed as recorded tn Volume 2432 Page 21, Deed Records, Denton County,
Texas, smd 130 square feet of land being more partacularly described by the metes and bounds as
follows
COMMENCING at a fence comer post being m a south hne of satd of a tract of land described to
John Lmn Snuth and wife, Dorothy Srmth, an und~vtded forty-four percent (44%), and to Ddlon
Francts Smith and wife, Earla Joyce Srmth, an unchwded fifty-six percent (56%), by a Substitute
Trustees Deed as recorded in Volume 3071 Page 89, Deed Records, Denton County, Texas and
tn the west prescriptive right of way hne of Bonme Brae Road,
THENCE South 88 degrees 49 nunutes 10 seconds East along a south hne of smd Srmth tract of
land for a chstance of 34 33 feet to an ell comer of smd Srmth tract of land and ~n the west hne of
a tract of land conveyed to Electromc Data Systems Corporatton Rettrement Plan and Trust by
deed as recorded m Volume 1681 Page 867, Deed Records, Denton County, Texas m Bonme
Brae Road,
THENCE North 00 degrees 54 rmnutes 02 seconds East along the common hne of smd Snuth
tract of laad and smd Electromc Data Systems tract of land and m Bonme Brae Road for a
d~stance of 1,902 57 feet to an ~ron rod found at the northeast comer of sa~d Srmth tract of land,
THENCE North 88 degrees 36 rmnutes 24 seconds West along the northern hne of smd Snuth
tract of land for a chstance of 33 04 feet to a fence comer found at the southeast comer of sam
T I tract of land and being the POINT OF BEGINNING,
(1) THENCE North 88 degrees 36 rmnutes 24 seconds West along the common property hne
of smd T I tract of land and smd Srmth tract of land for a chstance of 10 44 feet to an ~ron
rod w~th alurmnum cap set m the new western right of way hne of Bonme Brae Road,
(2) THENCE North 02 degrees 59 manutes 21 seconds West along the new western right of
way hne of Bonme Brae Road for a dtstance of 24 95 feet to an ~ron rod wtth alurmnum
cap set m the eastern property hne of sa~d T I tract of land,
EXHIBIT "A"
County Denton Page 2 of 2
I-hghway U $ 77 Rev March 31, 2000
ProJect L~mlts From I H 30
To US 380
CSJ 0195-(}2
Acct
Legal Land Description for Parcel 9 Part 2
(3) THENCE South 25 degrees 00 rmnutes 23 seconds East along the eastern property hne of
sa~d T I tract of land for a chstance of 27 77 feet to the POINT OF BEGINNING and
conta:mng 130 square feet of land, more or less
All beanngs are on the Texas State Plane Coordinate System, North Central Zone, N A D 27
/ /g/~y6,;;'.....;.,.":¢"~ -w
THE STATE OF TEXAS I
COUBITY OF_ _ } ENOW ALL MEN BY THESE pRESENTS:
, Sm~e of Texas, herematter referred to as Grantors, whether
of {he Cotmt3~.of ~_ ~ _ consideralion of il~ stun of ..,_..- ~: ) ~o Ora~, ~ors.
r mom ior arm ~ uoua~ ~,, ......
one o , o~aIlon Conumsslon, rec~
. ,. ,~_.~bvt~,ese~sen~sao~,~,,',~'--oam' .,_._.., Texas, more pam,--'""'; ---
uac~ or parcel of lano m~ heroin ior any auu
hib~ "A," which m a~acne~ n~, ,--- -r ....
d and a ed ~hat Grantors afc
del~too ~ ,, ,,
SAVE ant] ~A,..~- .-, _, ......~ ~ ,~ ~
fi~le tO ~l~e louow~
~/escescribed improvements from said land by
to p..move ~h~ abo~ ons of tune as may ~ ~r .a.nted
Grantors covenant and agree .~ subiec~, howev~, to su.ch exte~_~ ...... ,~- wtdun said penod of
.day.of = _-~.:--. o,a ti- for any reason, .O.~zs ~ ?,., .... "or any oan of such unprovements
bY ~l~e $~ate 111 wr~m~, --:- ., .. ~...,t,.,. o,,msirleratloll, ~ UU~ ~.u ~ -, ., -
flOE SO l*ei, YloYeQ shall pass lo tutu
erve all of ttie off, gas mm ~,u,~, of lormg, aeveto m~, .----- .. -
G..ram_o?_~s_~.~ .L--, to die surface ~e,~of .~or..~h~.,,...e~l.~ nehts of die ~am to take and use all
o! regress -,~, .~'_e.s.s.._~ .'. ,~.I. servatton snan axxe~ um .,.,, --- -
Texas Depanmeot of Tranepotlation
Form D-15-14
Puge2of3 Rev 9/91
TO HAVE AND TO HOLD the premises hereto described and hereto conveyed together wt~ all and
for~ver, and (~rantors d~hereby brad ourselves, our heirs, executors, amnuustrators, succc
s,,,~ to Warrant and Forever Defend all and su~d~ the smd prenuses hereto conveyed unto the State of
'~'- --'-' . - Vet lawfi~¥ clamung or to chun the same or any part
Texas and its assigns against every person whomsoe Y
thereof
IN WITNESS WHEREOF, tim msmunent ~s executed on tlus the . day of
,19
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF }
BN.~OR~ M~, tl~ um/ersi~ed, a Notary Public, GO this day l~rsonsllY appeared
, known to me (or proved
to me on the oath of , a c.~-,~lible wtt~..~,) to be the person(s) whose
name(s) is (are) s~bscribed to ~be fors$om$ msumne~l and admowledged'to me that he/she/they executed Ibe same for the
OIVBN UNDER MY HAND AND SEAL OF OPFICB, this . day of ,19
Notav/Public, Stat~ of Texas
************************************************************************************
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS, }
COUNTY OF }
BBFORE lV~, tim undersigned, a Notary Public, on this day personally appeared
, knOW~l tO
me to be the t n ond oflicerw °hosef name is subscflbed t° tbe f°t~g°mg mmument and nckn°wledged t° me that tbe same
pengo , a corpornlion, that be/sbe was
was the act of the snid "
duly authorized to perform the same by appmpna~ rssohlion of the beant of directors of ~ach corporation and thnt he/she
executed the same as the act of such cotpon~on for tim pmposas and consideration tharein expressed, and in the capacity
GIVEN UNDER MY HAND AND SIL~, OF OPHCB, rigs .. day of ,19
Notary Public, State of Texas
My Commzssion expires on the day of ,19
Texas Depamuent of TrmspomUion
Prom D-15-14
Pase3of3 ~ 9/91
After recording please return this Instrument to:
CERTIFICATE OF RECORDING
THE STATE OF TEXAS, }
COUNTY OF