2000-404S \Our Docum~nta\Ordmanccs\OO\Clyde Martin Ordinance doc
ORDINANCE NO ~
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND CLYDE MILTON MARTIN RELATING TO THE PURCHASE OF
APPROXIMATE 0 360 ACRE OF LAND BEING LOCATED IN THE B B B & C R R
SURVEY, ABSTRACT NO 186 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 is hereby authorized to execute a Real Estate Contract
between the City of Denton and Clyde Milton Mamn in substantially the form of the Real Estate
Contract which is attached to and made a part of th~s ordinance for all purposes, for the purchase
of approximately 0 360 acm of land for the U S H~ghway 77 Project, w~th t~tle vesting ~n the
State of Texas
SECTION 2 The C~ty Manager is authorized to make the expenditures as set forth ~n the
attached Real Estate Contract
SECTION 3 This ordinance shall become effective ~mmediately upon its passage and
approval
PASSED AND APPROVED this the /'7 ~1 day of~.~, 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
STATE OF TEXAS
COUNTY OF DENTON
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE is made by and between CLYDE MILTON
MARTIN (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
condltions 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 Exhxb~t "A" attached with all
raghts and appurtenances pertainang to the saad property,
· ncluding any raght, title and anterest of Seller ~n and to
ad]acent streets, alleys or rights-of-way {all of such real prop-
erty, rights, and appurtenances beang hereanafter referred to as
the "Property"), together with any amprovements, faxtures, and
personal property satuated on and attached to the Property, for
the consideration and upon and sub]ect to the terms, provisaons,
and conditions hereanafter set forth. Seller shall pay all cost
for the removal, installation, constructlon, re~nstallation,
reconstructaon, labor and materaals for any and/or improvements
located within the property descrabed an Exh~bat "A" Any
amprovements not removed by December 31, 2000 shall become
property of the Caty of Denton, Texas.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase prmce for the
Property shall be the sum of $24,013.00. Additional
consaderation of $441.00 to be paad to the Seller for fence
amprovements. The total purchase price shall be $24,454.00.
2 Payment of Purchase Prace The full amount of the
Purchase Price shall be payable in cash at the closang
PURCHASER,S OBLIGATIONS
The obligataons of Purchaser hereunder to consummate the
transactions contemplated hereby are sub]ect to the satisfaction
of each of the following conditions any of whach may be waived an
whole or in part by Purchaser at or prlor to the closang.
DISK 5
i Prelimanary Title Report. Wathan twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the T~tle Company {hereinafter defined) to assue a
owners policy commitment (the "Commitment") accompanied by copies
of all recorded documents relatzng to easements, r~ghts-of~way,
etc., affecting the Property. Purchaser shall gave Seller
wrztten notice on or before the expiration of ten (10) days after
Purchaser receives the Commitment that the condataon of title as
set forth an the Commitment is or as not satasfactory. In the
event Purchaser states the cond~taon of t~tle is not
satasfactory, Seller shall, at Seller's optaon, promptly
undertake to elamanate or modify all unacceptable matters to the
reasonable sat~sfaction of Purchaser. In the event Seller is
unable to do so within ten (10) days after receipt of written
notace, 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, ravers,
creeks, or other water courses, fences, easements, and rights-of-
way on or adjacent to the Property, af 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 comprasing
the Property, together with a metes and bounds descraptlon
thereof.
Purchaser wall have ten (10) days after receapt of the survey
to review and approve the survey. In the event the survey is
unacceptable, then Purchaser shall w~thin the ten (10) day
period, give Seller written notice of this fact. Seller shall,
at Seller's option, promptly undertake to el~manate or modify the
unacceptable portions of the survey to the reasonable
satasfaction of Purchaser. In the event Seller is unable to do
so within ten (10) days after receapt of wratten 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.
Purchaserfs failure to give Seller th~s written notace shall be
deemed to be Purchaser's acceptance of the survey
3 Seller's Compliance. Seller
served, and complled with all of the
conditions required by thas Agreement
Disk 5 PAGE 2
shall have performed, ob-
covenants, agreements, and
to be performed, observed,
and complied with by Seller prior to or as of the closang.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representations and warrantaes shall be deemed
made by Seller to Purchaser also as of the closang date-
1. There are no parties an possessaon of any portion of the
Property as lessees, tenants at sufferance, trespassers or other
partaes
2. Except for the praor actions of Purchaser, there as no
pendang or threatened condemnataon or samalar proceeding or
assessment or suit, affecting tatle to the Property, or any part
thereof, nor to the best knowledge and belaef of Seller as any
such proceeding or assessment contemplated by any governmental
authority.
3 Seller has complied wath all applacable
regulations, statutes, rules and restractaons
Property, or any part thereof.
laws, ordanances,
relatang to the
4. To the best of the seller's knowledge, there are no toxic
or hazardous wastes or materials on or wathln the Property. Such
toxac or hazardous wastes or materials include, but are not
lamated to, hazardous materials or wastes as same are defined by
the Resource Conservation and Recovery Act (RCRA), as amended,
and the Comprehensive Environmental Response Compensataon and
Liabalaty Act (CERCLA), as amended.
CLOSING
The closing shall be held at the offace of Dentex Tatle
Company on or before Nover~ber 30, 2000, or at such tltle company,
time, date, and place as Seller and Purchaser may mutually agree
upon {which date as herein referred to as the "closang date").
CLOSING REQUIREMENTS
1. Seller's Requzrements. At the closzng Seller shall=
A. Del~ver to State of Texas, acting by and through the
Texas Transportation Conunasslon a duly executed and
acknowledged Deed in the form as attached hereto as
Exhibit ~B" conveying good and marketable tatle to all of
D~sk 5 PAGE 3
the Property,
encumbrances,
restrictions,
free and clear of any and all liens,
conditions, easements, assessments, and
except for the followang.
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 0bliqataons here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Delayer to Purchaser a Texas Owner's Polacy of Tatle
Insurance at Purchaser's sole expense, issued by Dentex
Title Company, Denton, Texas, (the "Tatle Company"), or
such tatle company as Seller and Purchaser may mutually
agree upon, in Purchaser's favor an the full amount of
the purchase price, ansurang fee sample tatle for the
State of Texas to the Property subject only to those
title exceptions listed in Closln~ Requirements hereof,
such other exceptions as may be approved an wrating by
Purchaser, and the standard printed exceptaons contaaned
in the usual form of Texas Owner's Policy of Tatle
Insurance, provaded, however:
1. The boundary and survey exceptaons
shall be deleted if requared by Purchaser
and if so required, the costs assocaated
with same shall be borne by Purchaser;
2. The exception as to restr~ctave cove-
nants shall be endorsed "None of Record";
3. The exception for taxes shall be
limited to the year of closang and shall
he endorsed "Not Yet Due and Payable";
and
4. The exception as to liens encumberang
the Property shall be endorsed "None of
Record".
C. Delaver to Purchaser possessxon of the Property on
the day of closing.
D~sk 5
PAGE 4
2. Purchaser's Requirements Purchaser shall pay the
consideration as referenced in the "Purchase Price" sectlo~ of
this contract at Closing an ammediately avaalahle funds.
3. Closinq Costs. Seller shall pay all taxes assessed by
any tax collectaon authority through the date of Closing. Ail
other costs and expenses of closang an consummatang the sale and
purchase of the Property not specifacally allocated herean shall
be paid by Purchaser and Seller, except for Seller's attorney
fees.
REAL ESTATE COMMISSION
Ail obligataons of the Seller and Purchaser for payment of
brokers' fees are contaaned an separate wratten agreements.
BREACH BY SELLER
In the event Seller shall faal to fully and tamely perform
any of ars oblagataons hereunder or shall fall to consummate the
sale of the Property except Purchaser's default, Purchaser may
eather enforce specafic performance of this Agreement or
termanate this Agreement by wratten notace delavered to seller.
BREACH BY PURCF~SER
In the event Purchaser should faal to consun=nate the purchase
of the Property, the conditaons to Purchaser's oblagations set
forth in PURCHASER'S OBLIGATIONS havang been satasfied and
Purchaser being an default Seller may eather enforce specafic
performance of thas Agreement, or termanate thas Agreement by
written notice delavered to purchaser
MISCELLANEOUS
1. Assagnment of Agreement Thas 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 partaes, as well as any
raghts and benefits of the partaes, pertaanang to a peraod of
tame following the closang of the transactaons contemplated
hereby shall survive the closing and shall not be merged therein.
3 Notace Any notace requared or permatted to be delavered
hereunder shall be deemed received when sent by United States
mall, postage prepaad, certified maal, return receapt requested,
Disk 5 PAGE 5
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the sagnature of the party.
4. Texas Law to ADDly. 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
an Denton County, Texas.
5. Parties Bound This Agreement shall be bandang upon and
inure to the benefit of the parties and their respectave heirs,
executors, admanistrators, legal representataves, 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 invalid, allegal, or unenforceable an any respect, saad in-
validaty, allegality, or unenforceabilaty shall not affect any
other provision hereof, and this Agreement shall be construed as
af the invalid, allegal, or unenforceable provasaon had never
been contained here~n.
7 Prior Agreements SuDerseded. Thas Agreement constitutes
the sole and only agreement of the partaes and supersedes any
praor understandings or written or oral agreements between the
part,es respecting the within subject matter.
8. Tame of Essence Time as of the essence an this
Agreement.
9. Gender Words of any gender used an th~s Agreement shall
be held and construed to include any other gender, and words in
the sangular number shall be held to include the plural, and vice
versa, unless the context requares otherwase.
10. Memorandum of Contract. Upon request of eather party,
both part~es shall promptly execute a memorandum of thas
Agreement suitable for filang of record.
11 Compliance. In accordance wath the requarements of the
Texas Real Estate License Act, Purchaser as hereby advased that
at should be furnashed with or obtaan a policy of tatle ansurance
or Purchaser should have the abstract covering the Property
examined by an attorney of Purchaser's own selection.
12. Time Lam~t. In the event a fully executed copy of thas
Agreement has not been returned to Purchaser wathin ten (10) days
after Purchaser executes this Agreement and delayers s~ne to Sel-
ler, Purchaser shall have the right to terminate thas Agreement
D~sk 5 PAGE 6
upon written notice to Seller.
DATED th~s /~u~W-day of O~, 2000
SELLER
PURCHASER
THE CITY OF DENTON, TEXAS
215 E. McKinney
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
, 2000 by Michael W. Jez, Cmty Manager, of the C~ty
of Denton, a municipal corporation, kno~ to me to be the person
and officer whose n~e is subscrmbed to the foregomn~ mnstr~ent
and acknowledged to me that the s~e was the act of the saad Cmty
of Denton, Texas, a munacmpal corporation, that he was duly
authorized to perfo~ the s~e by appropraate ordmnance of the
Cmty Council of the Caty of Denton an~ that he executed the s~e
as the act of the said C~ty for ~rposes and consideration
th.r.~n ex, tess.d, and ~n th.
~o'~:~"' ANN -
~.[~.~ Nom~Publlo, SmteofTe~s ~ the State of Texas
~,o, %. MAY ~, 2002
Disk 5 PAGE 7
COUNTY OF ~
Th~s instrument is acknowIedged before me,
O~./b~gJ~ , 2000__ by CLYDE MILTOM MARTIN.
on this \\ day of
Notary ~blzc_.~n ancl^f~or ~
Disk 5 PAGE 8
EXHIBIT *A'
County Denton Page I of 2
Parcel 33D 1:)-1S-
Highway U,~. 77
Project Umcs From I,H 35 October, 1996
To U S 380
CSJ 0!9$-O2-
Account
LEGAL LAND DESCRIPTION FOR PARCEL 33D
BEING A 0 360 ACRE PARCEL OF LAND SITUATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN DENTON
COUNTY, TEXAS, AND BEING A PART OF A CALl FD 1 559 ACRE TRACT OF LAND CONVEYED TO JERRY RAY MAR*liN
BY INSTRUMENT OF RECORD IN FILE NUMBER 95-R0052281, OF THE DEED RECORDS OF DENTON COUNTY, TEX. a,$
(DRDCTJ SAiD 0 360 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS
COMMENCING for reference at a 1/2-inch iron rod found at the most northerly southwest comer of said Jen'y Ray Martin
tract, same being the southeast comer cfa called 1 559 acre tract conveyed to Tex Morgan Martin by instrument of record
in Volume 3178, page 898 DRDCT,
THENCE N 01° 03' 34' E, along the common line between sazd Tax Morgan Martin tract and said Jerry Ray Martin tract,
a distance of 61 98 feet to a set $/8.1nch iron rod w~th an aluminum disk marked Texas Department of Transportabon
(TXDO'I'J for the POINT OF BEGINNING, said point being on the new southwesterly nght-of-way line of U S Hlghway 77,
(1)
THENCE N 01° 03' 34' E, contlnumg along sa~d common hne, a distance of 63 11 feet to a 1/2-1rich ~ron
rod found at the northwest comer of sa~d Jan7 Ray Mart~n tract, same being in the existing southwesterly
right-of-way hne of U S H~ghway 77,
(2)
THENCE S 58° 15' 32' E, along the northerly line of said Jerry Ray Martin tract and along said nght-of-w-~y
line, a distance of 290 80 feet to a 1/2-tach Iron rod found for the northeast comer of sa~d Jerry Ray Mart~n
tract, same being the northwest comer of a called I 559 acre tract conveyed to R D Martin as ewdenced
by deed recorded in Volume 3178, page 886 DRDCT,
(3)
THENCE S 01° 34' 17' W, along the common hne between sa~d Jen7 Ray Martin tract and sa~d R D
Martin tract, a distance of 63 16 feet to a set 5/8-~nch Iron rod with an aluminum disk marked TXDOT for
the new southwesterly nght-of-way line of U S H~ghway 77,
(4)
THENCE N 58° 11' 37' W, along the new southwesterly right-of-way line of U S Highway 77, a distance
of 145 38 feet to a set 5/8-inch iron rod w~th an aluminum disk marked T'XDOT In the common hne
between said Jerry Ray Martin tract and a called 4 acre tract conveyed to Joe W Shemll and Mary
La Jean Shemll by instrument of record in Volume 605, page 464 DRDCT,
THENCE along sa~d common, line the foflow~ng 2 courses and distances,
N 01° 36' 32' E, a d~stance of 11 79 feet to a fence comer at the nc~heast comer of sa~d 4 acre
tract,
(6)
N 88* 52' 38' W, a distance of 19 96 feet to a set 5/8-Inch ~ron rod w~th an aluminum d~sk marked
TXDOT m the new southwesterly nght-of-way hne of U S H~ghway 77,
County Denton
Parcel 33D
Highway U S 77
Project Um~s'
CSJ
Account'
EXHIBIT 'A'
Page 2 of 2
D-15-
From IH 36 October, 19~
To U 8, 380
THENCE N 88* 11' 37~ W, along the new southwesterly right-of-way line of U $ H~ghway 77, a d~stance
of 121 86 feet to the POINT OF BEGINNING, and containing 0 360 acre, 15,695 square feet, more or less,
of lend area w~thm these metes end bounds
A plat of even surVey date herewith accompanies th~s descnpbon
SURVEYED ON THE GROUND
OCTOBER, 1996
ESPEY HUSTON & ASSOCIATES, INC
G Denms Quails, R P L {S/
Texas Registration No 4276