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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