2000-395 ORDINANCE NO ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL ESTATE
CONTRACT BETWEEN THE CITY OF DENTON AND WARREN A SEARLS AND
BARBARA SEARLS FOR THE PURCHASE A PARCEL OR TRACT OF LAND
CONTAINING APPROXIMATELY 0 008 ACRE OR 359 SQUARE FEET OF LAND
SITUATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT 811 IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS, FOR USE AS STREET RIGHT-OF-WAY FOR U S
HIGHWAY 77, WITH FEE SIMPLE TITLE VESTING IN THE STATE OF TEXAS, ACTING
BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION, AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The C~ty Manager is hereby authonzed to execute a Real Estate Contract
between the City and Warren A Searls and Barbara Searls, ~n substantmlly the form of the Real
Estate Contract which is attached hereto and made a part of thxs ordinance for all purposes, for
the purchase of approximately 0 008 acre or 359 square feet of land for use as street right-of-way
for U S Highway 77, with fee simple title vesting m the State of Texas, acting by and through
the Texas Transportation Commission
SI~CTION 2 The City Manager m authorized to make the expenditures as set forth in the
attached Real Estate Contract
SECTION 3 TNs ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the /7 .~ day of _t~')0k~F' ,2000
EULINE BROCK, MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
APPR(~ED AS ~0 LEGAL FORM
HERB~~ATTORNEY
BY ,-~//
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY ~OF DENTON
THIS CONTRACT OF SALE is made by and between WARREN A. SRARLS
AND BARBARA SEARLS (hereinafter referred to as mSeller") and CITY
OF DENTON, TEXAS, a home rule municipality, of Denton, Denton
County, Texas, (hereinafter referred to as "Purchaserm), 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 mA" 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 "Propertym), 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. Seller shall pay all cost
for the removal, installation, construction, reinstallation,
recons~ruction, labor and materials for any and/or improvements
located within the property described in Exhibit "A". Any
improvements not removed by DecAl'er 31, 2000 shall become
property of the City of Denton, Texas.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price £or the
Property shall be the sum of $521.00
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 constum~ate the
transa~tions contemplated hereby are subject to the satisfaction
of each of the following conditions any of which may be waived in
DISKS
whole or in part by Purchaser at or prior to the closing.
1. Preliminar~ Title Report. Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a
owners policy co~mitmlent (the ,,Com~itment") accompanied by copies
of all recorded documents relating to easements, rights-o£-way,
etc., affecting the Property. Purchaser shall give Seller
written notice on or before the expiration of tan (10) days after
Purchaser receives the Co~mlitment 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, Seller shall, at Seller's option, promptly
undertake to eliminate or modify all unacceptable matters to the
reasonable satisfaction of Purchaser. In the event Seller 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 set 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. Seller shall,
at Sellerls option, promptly undertake to eliminate or modify the
unacceptable portions of the survey to the reasonable
satisfaction of Purchaser. In the event Seller 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.
Purchaser's failure to give Seller this written notice shall be
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deemed to be Purchaser's acceptance o£ 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 co~plied 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 best knowledge and belief of Seller is any
such proceeding or assessment contemplated by any governmental
authority.
3. Seller has onmplied with all applicable laws, ordinances,
re~ulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
%. To the best of the seller's knowledge, there are no toxic
or hazardous wastes or materiels on or within the Property. Such
toxic or hazardous wastes or ~aterials 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 Dentax Title
Company on or before November 30, 2000, or at such title company,
time, date, and place es Seller and Purchaser may mutually agree
upon (which date is herein referred to as the "closing date").
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CLOSINa REQUIREMENTS
1. Seller's Rec&uirements. 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 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. aeneral real estate taxes for the
year of closing and subsequent years not
yet due and payablel
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations here-
cfi and
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Policy of Title
Insurance at Purchaser's sole expense, issued by Dentex
Title Company, Denton, Texas, (the "Title Co~pany"), 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 £or the
State of Texas to the Property subject only to those
title exceptions listed in Closin~ 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 boundar~ and survey exceptions
shall be deleted i£ 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"~
3. The exception for taxes shall be
Dmsk 5 PAGE 4
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 o£ the Property on
the day of closing.
2. Purchaser.s Re~irements. Purchaser shall pay the
consideration as referenced in the .Purchase Price" section of
this contract at Closing in i~nediately available funds.
3. Closin~ Costs. Seller shell pay all taxes assessed by
any tax collection authority through the date of Closing. All
other costs and expenses of closing in cone-~-,ating the sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser and Seller, except for Seller's attorney
fees.
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 fei1 to fully end 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 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
performance of this Agreement, or terminate this Agreement by
written notice delivered to purchaser.
Disk 5 PAGE 5
MISCELLANEOUS
1. Assignment 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 any
rights and benefits of the parties, pertaining to a period
time following the closing o£ 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 Apply. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
ell 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, a~ministrators, 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 inv&lid, illegal, or unenforceable in any respect, said
validity, illegality, or unen~oroeability shall not a~fect any
other provision hereof, and this Agreement shall be construed as
if the invalid, illegal, or u~enforceable provision had never
been contained herein.
7. Prior Agreements Superseded. 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.
9. Gender. Words of any gender used in this Agreement shall
be he~d and construed to include any other gender, and words in
Disk 5 PAGE 6
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 o£ 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 w~itten notice to Seller.
DATED this /~day of ~ , 2000.
SELLER PURCHASER
THE CITY OF DENTON, TEXAS
!~PPROVED AS TO FORM /
Disk 5 PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
T~ ~.nt ~..c~owl.dg.d b.for, m.. on thi. /~ day of
fy~,~_~,2000 b7 ~icha.1 -. ~,.,, city ~,~.:, o~ ~.
~t~ of Denton, a mun~cipal co~oration, kn~ to me to be the
person and o~icer whose n~e is s~scribed to the foregoing
instr~ent and ac~owledged to me that the s~e was the act of
the said City of Denton, Texas, a municipal co~oration, that he
was duly authorized ~o per~o~ 2he s~e by appropriate ordinance
of the City Council o~ the City of Denton and that he executed
the s~e as the act of the said City Eot pu~oses and
considera~ion therein expressed, an~in the capacity therein
,,,~,~' ~,~oo~
STATE OF TEXAS
COUNTY OF DENTON
This instru~ent is acknowledged before me, on this ~/~ day of
by Warren A. and Barbara ~. S-~rarls.
~ , 2000__ Searls
~MyCommlsslon ~oires?.~.~ the State of Texas
Dmsk 5 PAGE 8
EXHIBIT 'A'
CounW ~ Page 1 of 1
Highway U.S. 177
Project Limits' From I,H. 35 Rev October 27, 1994
To U.S. 3a0
CSJ
Account'
FIELD NOTES FOR PARCEL 52
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO WARREN A SEARLS AND WIFE,
BARBARA M. SEARLS, RECORDED IN VOLUME 789, PAGE 272, DEED RECORDS OF DENTON COUNTY, TEXAS
(DRDCT), AND BEING SITUATED IN THE N H. MEISENHEIMER SURVEY, ABSTRACT NO 811, CITY OF DENTON,
DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at s found 1/2-Inch iron rod for the southwest corner of 8aid Searle tract,
THENCE S 880 29' 07" E, along the south property line of said Searle tract, · distance of 158 48 feet to a set
5/8-Inch iron rod with an aluminum cap being the POINT OF BEGINNING, sams being · point on the new west
right of way line of U.S. 77 and being In · non-tangent circular curve to the right having · radius of 11489 18
feet,
(1} THENCE northeasterly, along the new west right of way line of U S 77 and said curve to the
right, through a delta angle of 00° 18' 15", an arc distance of 61.00 feet, and having a chord
which bears N 03° 11' 25' E, e distance of 61.00 feet to a set 5/8-inch iron rod with an
aluminum cap, said point being on the north line of said Searle tract, and the south line of s tract
of land conveyed to Joe Bryon Pennington, recorded in Volume 974, Page 552, DRDCT,
(2) THENCE S 880 25' 18" E, along a line common to said Searle tract and said Penmngton tract, a
distance of 5.88 feet to a found 1/2-Inch Iron rod for the northeast corner of said Searle tract,
same being the southeast oomer of said Pennington tract, and said po.hr being on the existing
west right of way line of U S. 77;
(3) THENCE S 03° 12' 21" W, along s line common to said Searis tract and existing west right of
way line of U.S. 77, a distance of 60 99 feet to a point, being the southeast corner of said Searle
tract;
(4) THENCE N 88° 29' 07' W, along the south line of said Searle tract, a distance of 5 86 feet to
the POINT OF BEGINNING, end containing 0.008 acre, or 359 square feet of land, more or less
J~hn F Wilder; R.P.L S. Date
Texas No 4285