2000-413S \Our Documents\Ord~nances\OO~Braewood Or&nance doc
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AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND BRAEWOOD PARTNERS, LTD RELATING TO THE PURCHASE OF
APPROXIMATE 0 0432 ACRE OF LAND BEING LOCATED IN THE NATHAN WADE
SURVEY, ABSTRACT NO 1407 OF DENTON COUNTY TEXAS FOR THE US
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 Braewood Partners, Ltd in substantially the form of the Real
Estate Contract wNch ~s attached to and made a part of this ordinance for all purposes, for the
purchase of approximately 0 0432 acre of land for the U S H~ghway 77 ProJect, with title
vesting in the State of Texas
SECTION 2 The City Manager is authorized to make the expenditures as set forth ~n the
attached Real Estate Contract
SECTION 3
approval
PASSED AND APPROVED thl$ the
TNs ordinance shall become effective immediately upon its passage and
~ ~ day of~, 2000
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
H~OE~I~ A~~TR~oRNEY
BY~
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
TH~S CONTRACT OF SALE is mede by and between BRAEWOOD
PARTNERS, LTD. (hereinafter referred to as .Seller") and CITY OF
DENTON, TEXAS, a ho~e rule municipality, of Denton, Denton
County, Texas, (hereinafter re£erred to as .Purchaser"), upon the
terms and oonditions set forth herein.
PURCHASE AND SALE
Seller hereby sells and egress to convey, and 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 and interest of Seller in and to
adjacent streets, alleys or rights-of-way (ell of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Propertym), together with any improvements, fixtures, end
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,
reconstruction, labor and materiels for any end/or improvements
located within the property described in Exhibit "Aa· Any
improvements not removed by Dec~er 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. An additional amount of
$500.00 to be paid for fence replacement. A total purchase price
of $1,000.00 to be paid to Seller.
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 consummate the
DISK 5
transactions contemplated hereby are subject to the satisfaction
of each of the following conditions any of which may be waived in
whole or in part by Purchaser at or prior to the closing.
1. Preliminary Title Report. Within twenty (20) days after
the date hereof, Seller, at Sellerts sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a
owners policy com~itment (the .Co~itment") 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 Co~zaitment that the condition of title as
set forth in the Commaitment 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 A~reement 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. Burvey. 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 Ballet written notice of this fact. Seller shall,
at Seller's option, prumptly 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,
Purch&ser may terminate this A~reement, and the Agreement shall
thereupon be null and void for all purposes and the Escrow
PAGE 2
Deposit shall be returned by the Title Company to Purchaser.
Purchaser's failure to give Seller this written notice shall be
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 A~reement 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 as
follows, which representations and warranties shall be deemed
made by Seller to Purchaser also as of the closing date:
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 cond~nation 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 complied with all applicable laws, ordinances,
re~ulations, statutes, r~les and restrictions relating to the
Property, or any part thereof.
A. 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 Co~prehensive Environmental Response Compensation and
Liability Act (CERCLA), as amended.
CLOSING
The closing shall he held at the office of First American
Title Insurance Company (formerly Dentax) 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
CLOSTN~ RE~U?RE~ENTS
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to State of Texas, acting by and through the
Texas Transportation Co~aission a duly executed and
acknowledged Deed in the form as attached hereto as
Exhibit sB" conveying good and marketable title to all of
the Property, free end clear of any and 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 con, any as Seller and Purchaser may mutually
agree upon, in Purchaser's £avor 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 Re~uirements 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 and survey exceptions
shall be deleted i£ required by Purchaser
and if so required, the costs associated
with same shall he borne by Purchaser;
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record";
3. The exception for taxes shall be
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 of the Property on
the day of closing.
2. Purchaser's Rec~uirements. Purchaser shall pay the
consideration as referenced in the .Purchase Price" section of
this contract at Closing in iauaediately 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 cons,,~w"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.
HEAL ESTATE COMMISSION
All obligations of the Seller and Purchaser for payment of
brokers' fees are contained in separate written agreements.
BHEACH BY SELLER
In the event Seller shall fail to fully and timely perform
any of its obligations hereunder or shall fail to cons-ww"&te 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 £ail to consuammte 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.
PAG~ 5
MISCELLANEOUS
1. Assignment of A~reement. This Agreement may be assigned
by Purchaser without the express written consent o£ 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 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 o£ 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, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. La,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 unen£orceable 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.
Agreement.
Time is of the essence in this
9. Gender. Words of any gender used in this Agreement shall
be hold end construed to include any other gender, and words in
PAGE 6
the singular number shall be held to include the plural, and vice
verse, 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. Compli&nce. 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
A~reement 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 written notice to Seller.
DATED this ~¢/t~d&y of~ · 2000.
iy~~ELLERoD PARTNERS, LTD.
NAME /'~,~,4,,,~
TITLE
PURCHASER
TItE CITY OF DENTON, TEXAS
Cit~ Manager
215 g. McKtnney
Denton, Texas 76201
Approved as to Legal Form~
Herbert L. Prouty, City Attorney
BY:
PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this
0 ~.~ 'A~ ~ ~ Notary Public State of Texas
~ ~My Comm~sslo~ ~ ke -
the State of Texas
STATE OF TEXAg
COUNTY OF DENTON
~s instrument is acknowledged before me, on this / day of
~, 2000 by Michael W. Jez, City Manager,---of the C'it7
o~Denton, · municipal corporation, known to me to be the person
end officer whose name 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 he was duly
authorized to perform the same by appropriate ordinance of the
City Cott~cil of the City of Denton an~hat he executed the same
as the act of the said City for ~u~poses and consideration
/ / .~-~// J// / ~".// //
~ / ~ ANN FORS~HE ~
~ ~,~ No~ryPu~llo,$mmofTe~a ~ Nota~ P~bllC In a?/a £or
i ~ ~v~)*/ ~yC~plr~ ~ the State of Texas"
~ · ? ~ 9,2002 ~
PAGE 8
EXHIBIT "A"
County Denton
I-hghway U S 77
Project Larmts From .I H 30
To US 380
CSJ 0195-02
Acct
Legal Land Description for Parcel 9A
Page ! of 2
March 31, 2000
BEING 1,880 square feet of land, more or less, situated ~n the Nathan Wade Survey, Abstract
Number 1407, Denton County, Texas and being part a tract of land described to John L~nn Snuth
and wife, Dorothy Snuth, an undlwded forty-four percent (44%), and to Dillon Francis Srmth and
wife, Earla Joyce Srmth, an undivided fifty-slx percent (56%), by a Substitute Trustees Deed as
recorded in Volume 3071 Page 89, Deed Records, Denton County, Texas, said 1,800 square feet
of land being more particularly described by the metes and bounds as follows
COMMENCING at a fence comer post being in a south hne of said Srmth tract of land and in the
west prescnpttve right of way hne of Bonme Brae Road,
THENCE South 88 degrees 49 nunutes 10 seconds East along a south hne of sa~d Srmth tract of
land for a chstance of 34 33 feet to an ell comer of said Srmth tract of land and ~n the west hne of
a tract of land conveyed to Electromc Data Systems Corporation Retirement Plan and Trust by
deed as recorded in Volume 1681 Page 867, Deed Records, Denton County, Texas m Bonme
Brae Road,
THENCE North 00 degrees 54 rmnutes 02 seconds East along the common line of said Smath
tract of land and smd Electromc Data Systems tract of land and in Bonme Brae Road for a
distance of 1,859 30 feet to a P K nail and washer found in the new western right of way hne of
Bonme Brae Road and being the POINT OF BEGINNING,
(1)
THENCE South 87 degrees 00 nunutes 39 seconds West along the new western right of
way hne of Bonme Brae Road for a distance of 40 42 feet to an iron rod with alurmnum
cap set at an angle point,
(2)
THENCE North 02 degrees 59 rmnutes 21 seconds West along the new western right of
way hne of Bonme Brae Road for a distance of 46 49 feet to an iron rod with alurmnum
cap set In the common property hne of Srmth tract and a tract of land conveyed to T I
239 B Joint Venture by deed as recorded in Volume 2432 Page 21, Deed Records, Denton
County, Texas,
County Denton
I-hghway U S 77
Project hrmts From I H 30
To US 380
CSJ 0195-02
Acct
Legal Land Descnpuon for Parcel 9A
Page 2 of 2
March 31, 2000
(3)
THENCE South 88 degrees 36 manutes 24 seconds East along the common property hne
of said Srmth tract of land and said T I tract of land passing at l0 44 feet the southeast
corner of smd T I tract of land and continuing along the northern hne of smd Srmth tract
of land of a total distance of 43 48 feet to a iron rod found at the northeast corner of saad
Srmth tract of land and in the western line of smd Electronic Data Systems tract of land
and an Bonnie Brae Road,
(4)
THENCE South 00 degrees 54 rmnutes 02 seconds West along the common property lane
of sa~d Srmth tract of land and sa~d Electrom¢ Data Systems tract of land for a dastance of
43 27 feet to the POINT OF BEGINNING and containing 1,880 square feet of land, more
or less
All beanngs are on the Texas State Plane Coordinate System, North Central Zone, N A D 27