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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 Disk 5 PAGE 2 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"). Disk 5 PAGE 3 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