2000-396S \Our Documenta\Ordmances\OO\Bottoms Ordinance doc
ORDINANCE NO ~
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND W H BOTTOMS RELATING TO THE PURCHASE OF APPROXIMATE
0 046 ACRE OF LAND BEING LOCATED IN THE N H MEISENHEIMER SURVEY,
ABSTRACT NO 810 OF DENTON COUNTY TEXAS FOR THE U S 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 HEREBY ORDAINS
SECTION 1 The City Manager ~s hereby authorized to execute a Real Estate Contract
between the City of Denton and W H Bottoms ~n substantially the form of the Real Estate
Contract wbach is attached to and made a part ofth~s ordinance for all purposes, for the purchase
of approximately 0 046 acre of land for the U S H~ghway 77 ProJect, w~th title vesting m the
State of Texas
SECTION 2 The City Manager as authorized to make the expenditures as set forth ~n the
attached Real Estate Contract
SECTION 3 Th~s ordinance shall become effective ~mmedmtely upon ~ts passage and
approval
PASSED AND APPROVED this the ]7..~ day of~/~.~, 2000
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
REAL ESTATE CONTRACT
STATE OF TEXAS
COURTY OF DENTON
THIS CONTRACT OF SALE is made by and between W.H. BOTTOMS
(hereinafter referred to es "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, end Purchaser
hereby purchases and agrees to pay for all that certain tract,
lot or parcel of land described in Exhibit "Aa attached with all
rights and appurtenances pertaining to the said property,
including any right, title end interest of Seller in and to
adjacent streets, alleys or rights-o£-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the #Property"), together with any improvements, £ixtures, end
personal property situated on end attached to the Property, £or
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,
reconstruction, labor and materials for any and/or improvements
located within the property described in Exhibit "A". Any
improvements not removed by December 31, 2000 shall become
property of the City of Denton, Texas.
PURCHASE PRICE
1. Amount cE Purchase Price. The purchase price for the
Property shell be the sum of $2,318.00. Additional consideration
of $1,500.00 shall be paid for the ornementel landscape features
located within the 0.046 acre tract. The total Purchase Price
shall be $3,818.00.
2. Payment of Purchase Price. The £ull amount of the
Purchase Price shall be payable in cash at the closing.
DISK 5
whole or in pert by Purchaser at or prior to the closing.
1. Preliminer7 Title Report. Within twenty (20) days after
the date hereof, Seller, et Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a
owners policy conu~itment (the .Co~mitment") 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 Coa=~i~ment 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 shell thereupon be null and void for ell
purpoeas~ otherwise, this condition shall be deemed to be
acceptable and any objection thereto shall be deemed to have been
waived for ell purposes.
2. Survey. Purchaser may, et 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 ell 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, end shell contain the
surveyor's certification that there are no encroachments on the
Property end shell 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,
et Seller's option, promptly undertake to eliminate or ~di£y 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 shell be returned by the Title Company to Purchaser.
Purchaser.s failure to give Seller this written notice shall be
PAGE 2
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 es
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 end belief of Seller is any
such proceeding or assessment contemplated by any governmental
authority.
3. 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 ere 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 Co~rehensive 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 as Seller and Purchaser may mutually agree
upon (which date is herein referred to as the .closing date").
PAGE 3
CLOSIN~ 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 in the form as attached hereto as
Exhibit ~B" conveying good and marketable title to all of
the Property, free and clear of any end 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 Obli~ations here-
of; 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 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 end 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";
PAGE 4
3. The exception £or 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 clos£ng.
2. Purchaser's Re~uirements. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in immediately available funds.
3. Closin~ Costs. Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing. All
other costs end expenses o£ closing in consummating 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
Ai~ obligations of the Seller and Purchaser for payment of
brokerS' £ees are contained in separate written agreements.
BR~ACH BY SELLER
In the event Seller shell fail to fully and timely perform
any of its obligations hereunder or shall fail to cons,~ate the
sale ~f 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 sat
forth . in PURCHASER'S OBLIGATIONS having bean satisfied and
Purchaser being in default Seller may either enforce specific
perforatance of this Agreement, or terminate this Agreement by
written notice delivered to purchaser.
PAGE 5
MISCELLANEOUS
1. Assi~nment 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, es well as any
rights end benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated
hereby shall survive the closing end shall not be merged therein.
3. Notice. Any notice required or permitted to be delivered
hereunder shell 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 si~eture of the party.
4. Texas Law to ADDi¥. 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 shell 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 A~reement.
6. Le~al 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 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
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. Memorandum of Contract. Upon request o£ either party,
both parties shall promptly execute a memorandum o£ this
Agreement suitable for £iling of record.
11. Compliance. In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that
it should be £urnished with or obtain a policy of title insurance
or Purchaser should have the abstract covering the Property
examined by an attorney cE Purchaser's own selection.
12. Time Limit. In the event a £ully executed copy of this
Agreement has not been returned to Purchaser within ten (10) days
a£ter Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
D T.Dthi. d.y of2000.
SELLER PURCHASER
THE CITY OF DENTON, TEXAS
City Manager
215 E. McKinney
Denton, Texas 76201
PAGE 7
STATE OF TEXAS
COUNTY OP DENTON
_strumentis acknowledged before me, on
this
day
of
J~, , 2000 by Michael W. Jez, City Manager, of the City
of Denton, a municipal corporation, known to me to be the person
and o£ficar whose name is subscribed to the foregoing instrument
and acknowledged to me that the same wes 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~ that he executed the same
as the act of the said City fo~ ~urposes and consideration
therein expressed, and in the cap~i~ Che~i~_ stat~
]~A~\ ANN FORSYTHE ~ ~o~-ary ,ubl'ic ia/~and for
~l,(~'~,l N0taryPut~ll0, State0~Texa$ [ the State of TeXas
STATE OF TEXAS
COUNTY OF DENTON
This .instrument is acknowledged before me, on this ~ day of
____, 2000 by W.H. BOTTOMS.
~~~~ the State of Texas
PAGE 8
EXHIBIT "A"
County Denton Page I of 1
Highway U.S. 77
Project Emits: From I,H. 35 FebroaW 24, 1994
To U.S. 380
CSJ ~
Account,
FIELD NOTES FOR PARCEL 20
BEING A PARCEL OF LAND SITUATED IN A TRACT CONVEYED TO W H BOTTOMS, RECORDED IN
VOLUME 409, PAGE 562, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN
THE N H MEISENHEIMER SURVEY, ABSTRACT NO. 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 1/2-Inch iron rod, same being the northwest corner of said Bcttoma tract
end being a p01nt on the east line of a 0.336-acre tract of land conveyed to Dennis Michael Baker and wife,
Becky Ann de la Houseaye Baker, recorded In Volume 890, Page 528, DRDCT,
THENCE S 32° 04' 09' W, along a line common to said Baker tract and said Bottoms tract, a distance of
133 15 feet to a set 518-1nch iron rod with an aluminum cap, being the POINT OF BEGINNING, also being a point
on the new north right of way line of U S. 77,
(1) THENCE S 68o 11' 38" E, alongthe newnonh rlghtof way hneof U S 77, adistance of 65 11
feet to a set E/8-inoh iron rod with an aluminum cap, same being a point on the east line of said
W H Bottoms tract and on the west line of a 0 232-acre tract of land conveyed to Albert B
Grubbs, Sr and wife, Margaret V. Grubbs, recorded in Volume 817, Page 632, DRDCT,
(2} THENCE S 31 o 59' 52" W, along a line common to smd Bottoms tract and said Grubba tract, a
dlstance of 30.92 fact to a found 1/2-1nch lron rod for the eoutheaetcomerofaaidW. H Bottoms
tract and the southwest corner of said Grubbe tract, same bmng a point on the existing north right
of way line of U.S. 77;
(3) THENCE N 58° 03' 18" W, along a line common to said Bottoms tract and the existing north right
of way line of said U S 77, a distance of 65 15 feet to a found 1/2-inch Iron rod for the
southwest comer of said Bottoms tract and amd point being in the east line of smd Baker tract,
(4) THENCE N 32° 04' 09" E, along a line common to said Bottoms tract and said Baker tract, a
distance of 30 76 feet to the POINT OF BEGINNING, and containing 0.046 acre, or 2,009 acluare
feet of land, more or less
John F Wilder, R P.L.S. ~L~~.~;~.~.!.~.~~":)'6~'~I'{=' WIt-_rD.E..R...~ Date
Texas No. 4285 ~:-~R ,~.~