2000-397S \Our Documants\Ord~nane¢a\OO\Reaves I doc
ORDINANCE NO ~ ' ~q
AN ORDINANCE APPROVING A REAL ESTATE CONTIL~CT BETWEEN THE CITY OF
DENTON AND O1L~N REAVES, YR AND RITA REAVES RELATING TO THE
PURCHASE OF APPROXIMATE 0 010 ACRE OF LAND BEING LOCATED IN THE B B B
& CRR SURVEY, ABSTI~CT NO 186 OF DENTON COUNTY TEXAS FOR THE US
HIGHWAY 77 PROJECT, WITH TITLE VESTING 1N THE STATE OF TEXAS,
AUTHOPJZING THE EXPENDITUI~ OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY OI~J)AINS
SECTION 1 The C~ty Manager ~s hereby authorized to execute a Real Estate Contract
between the City of Denton and Oran Reaves, Jr and Rlta Reaves in substantially the form of the
Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for
the purchase of approximately 0 010 acre of land for the U S Highway 77 ProJect, with title
vesting m the State of Texas
SECTION 2 The City Manager is authorized to make the expenditures as set forth in the
attached Real Estate Contract
SECTION 3 Th~s ordinance shall become effective ~mmedlately upon its passage and
approval
PASSED AND APPROVED th~s the /7~ day of~, 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
BY V'~
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE iS made by and between ORAN REAVES, JR.
AND RITA REAVES (hereinafter referred to as "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 ~ SEE
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 "A" attached with all
rights and appurtenances pertaining to the said property,
including any right, title and interest o£ 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 "Property#), 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,
end conditions hereinafter set forth. Seller shall pay ell cost
for the remove1, instelletion, construction, reinstallation,
reconstruction, labor and materials for any and/or improvements
located within the property described in Exhibit nAn. Any
improvements not removed by December 31, 2000 shall become
property of the City of Denton, Texas.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of $500.00. In addition, the City of
Denton shall escrow $4,220.00 ( as illustrated on proposal from
Built-Rite Fence end attached es Exhibit ~C") with Dentex Title
Company for the relocation of the existing fence to the new right
of way line and relocete the southern gate approximately twenty
(20') feet north. Said eeor=w amount shall be paid to Built -Rite
Fence after all relocations are completed and accepted by the
City of Denton. No portion o£ the fence escrow ~mount shell be
deemed as consideration to seller for right of way purchase.
2. Payment of Purchase Price. The full emount of the
Purchame Price shall be payeble in cash at the closing.
DISK5
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to cons-""~ate the
transactions contemplated hereby are subject to the satisfaction
of each of the £ollowing conditions any of which may be waived in
whole or in part by Purchaser at or prior to the closing.
1. Preliminar~ Title Report. Within twenty (20) days after
the date hereo£, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a
owners policy c~itment (the nco~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 Com~itment that the condition of title as
set forth in the Commitment is or is not satisfactor~. 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 unaccepteble 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 he deemed to be
acceptable and any objection thereto shall be deemed to have been
waived for all purposes.
2. Surve7. Purchaser may, at Purchaser's sole cost and
expense, obtain a current survey of the Property, prepared by a
duly licensed Texas land surveyor accepteble 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 ~,,~er 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 Seller's option, promptly undertake to eliminate or modify the
unacceptable portions of the survey to the reasoneble
satisfaction of Purchaser. In the event Seller is unable to do
PAGE 2
so within ten (10) days after receipt of written notice,
Purchaser may terminate this Agreement, and the Agreement shall
thereupon be null and void £or 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
deemed to ha Purchaser's acceptance of the survey.
3. Seller,s Compliance. Seller shall have performed,
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 WARP~NTIES 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
thereo£, nor to the best knowledge and belief of Seller is any
such proceeding or assessment contemplated by any governmental
authority.
3. Seller has complied with all applicable laws, ordinances,
re~ulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
4. To the best of the seller's knowledge, there are 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 (ECOA), as amended,
and the Comprehensive Environmental Response Compensation and
Liability Act (CEECLA), 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,
PAGE 3
time, date, and place as Seller and Purchaser may mutually agree
upon (which date is herein referred to as the "closing date").
CLOSING REQUIREMENTS
1. Seller's Re~uirements. At the closing Seller shall:
A. Deliver to State of Texas, acting by and through the
Texas Transportation Com~lssion a duly executed and
acknowledged Deed in the form as attached hereto as
Exhibit ~B" conveyin~ pood and marketable title to all of
the Property, free and clear of any and all liens,
enc,,m~rances, conditions, easements, assessments, and
restrictions, except for the followin~:
1. General real estate taxes for the
year of closin~ and subsequent years not
yet due end payable;
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations here-
of; and
3. Any exceptions approved by Purchaser
in writin~.
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
a~ree upon, in Purchaser's favor in the full amount of
the purchase price, insurin~ 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 es may be approved in writin~ 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 and survey exceptions
shall he deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Purchaser;
PAGE 4
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record"~
3. The exception for taxes shall be
limited to the year of closing end shall
be endorsed "Not Yet Due end Peyable"~
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 ~ay of closing.
2. Purchaser's Re~uirements. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in imediately available funds.
3. Closin~ Costs. Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing. All
other costs and expenses of closing in consu~ating the sale and
purchase of the Property not specifically allocated herein shell
be paid by Purchaser and Seller, except for Seller's attorney
fees.
REAL ESTATE CO~IBSION
All obligations of the Seller end Purchaser for payment of
brokers' fees are contained in separate written agreements.
BREACH BY SELLER
In the event Seller shall fail to fully and 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 cons-mmate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCEASERIS OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
PAGE 5
performance o£ this Agreement, or tazminate this Agreement by
written notice delivered to purchaser.
MISCELLANEOUS
1. Assignment of A~reement. This Agreement may be assigned
by Purchaser without the express written consent of Seller.
2. Survival o£ Covenants. Any o£ the representations, war-
rentier, 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 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
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, ad~inistrators, legal representatives, successors and
assigns where permitted by this Agreement.
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-
validi~y, 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 A~reements Superseded. This Agreement constitutes
the sola 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.
PAGE 6
9. gender. Words o£ any gender used in this Agreement shall
be held end construed to include any other gender, and words in
the singular number shall be held to include the plurel, and vice
verse, unless the context requires otherwise.
10. Memorandum of Contract. Upon request of either party,
both perties shell promptly execute a memorandum of this
Agreement suitable £or £iling o£ record.
11. Cumplience. In eccordance with the requirements of the
Texas Real Esters License Act, Purcheser is hereby edvised thet
it should be £urnished with or obtain · policy of title insurance
or Purchaser should heve the ebstrect covering the Property
examined by an ettorney of Purcheser's own selection.
12. Time Limit. In the event a £ully executed copy of this
Agreement has not been returned to Purchaser within ton (10) deys
a£ter Purchaser executes this Agreement and delivers same to Sel-
ler, Pmrcheser shell heve the right to terminate this Agreement
upon w~itten notice to Seller.
DATED this / 7~day of O~, 2000.
SELLER PURCHASER
THE CITY OF DENTON, TEXAS
QR.
. 215 E. McKinney
RITA REAVES Denton, Texes 76201
; PPROVED AS TO FORM
CiTY A'I'rORN~
CiTY OF.,~__ ,,T~
PAOE 7
STATE OF TEXAS
COUNTY OF DENTON
trument is acknowledged before me. on this /? day of
, 2000 By Michael W. Jez, City Manager, of the City
of Denton, a municipal corporation, known to ma to be the person
and officer whose n~me is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said City
of Denton, Texas· a municipal corporation, that ha was duly
authorized to perform the same by appropriate ordinance of the
City Council of the City of Denton and/~hat he executed the same
as the act of the said City for )p'u~poses and cons~deration
therein expressed, and in the capaci~here~:ted,~
the State of Texa~
STATE OF TEXAS
COUNTY OF DENTON
day of
.lnmtrument is acknowledged before me, on this
· 2000__ by OI~A~ REAVES, JR. AND RITA REAVES.
~.~.~) N0ta~ P, bllc St,,e 0f Texas ~ No.fy Public in and for
~'MyCommlsslon Explre~?.,~,~ the State of Texas
PAGE 8
EXHIBIT "A"
County Denton Page 1 of 1
H~ghway U.S. 77
Project Limits. From I.H. 36 Rev. October 27, 1994
To U.S. 3so
CS J, 0195-02-
Account
FIELD NOTES FOR PARCEL 42
BEING A PARCEL OF LAND SITUATED IN A CALLED 1 326-ACRE TRACT OF LAND CONVEYED TO DON R
O'NEAL, RECORDED IN VOLUME 2537, PAGE 199, DEED RECORDS OF DENTON COUNTY, TEXAS IDRDCT),
AND BEING SITUATED IN THE B B B. & C.R R SURVEY, ABSTRACT NO 186, CITY OF DENTON, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found fence comer being on the north property line of said O'Neal tract and on
the ex~stmg south right of way line of U S 77;
THENCE S 01° 17' 81' E, with an east hne of said O'Neal tract, · dIstance of 102 81 feet to a point,
THENCE S 88° 18' 20" E, with s north line of said O'Nesl tract, a distance of 70 00 feet to a point,
THENCE S 01 o 38' 27' W, with an east line of smd O'Neal tract, a distance of 178 00 feet to a point for the
southeast corner of said O'Neal tract,
THENCE N 88° 20' 62' W, along the south property line of said O'Neal tract, a distance of 178 92 feet to a set
PK nad being the POINT OF BEGINNING, same being a point on the new east nght of way line of U S 77,
(1) THENCE N 88° 20' 82" W, along the south line of amd O'Neal tract, a d~atance of 17 98 feet to
a point from which a found 120d nail bears S 11 o 33' 52" E, a distance of 0.41 feet, being the
southwest corner of smd O'Neal tract, same being a point ~n the existing east right of way hne
of U.S 77 and near the center hne of Orr Street, and bmng in a non-tangent circular curve to the
left having a radius of 742.96 feet,
(2) THENCE northwesterly, along a said curve to the left common to smd O'Neal tract and ex~atmg
east right of way hna of U.S. 77, through a delta angle of 02° 39' 24", an arc d~stance of 34 45
feet, and having a chord which bears N 04° 18' 82' W, a d~stance of 34 45 feet to a set PK nail
with shiner, same bmng a point on the new east r~ght of way hne of U S 77,
(3) THENCE S 470 36' 05" E, along the new east right of way line of U S 77, a d~stance of 25 09
feet to · set "X" CUt in concrete,
(4) THENCE S 06° 28' §8" E, a distance of 18.06 feet to the POINT OF BEGINNING, and containing
0 010 acre, or 453 square feet of land, of which 318 square feet reside ~n the prescriptive right
of way of Orr Street, more or less
John F Wilder, R P L S ~ ~:.i~.',~_~.': * ~ Date
Texas No 4285