2000-458S \Our Doeumemts\Ordmances\00\Umque International Ordinance doc
ORDINANCE NO
~ ORDINANCE ~P~OVIN~ A ~AL EST^TE CONTACT BETWEEN TUE CItY OF
~PPROX~mTE 0 010 ACRE OF ~AND ~EIN~ ~OCATED IN T~E B B B
SURVEY, ~ST~CT NO 1~6 OF DENTO~ COUNTY TEXAS FOR T.E U S m~.W^Y
77 PROJ~C*, W~T~ TIT~ VESTIN~ IN T~E S*AT~ OF TEX~S, AUT~OPdZIN~ T~E
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 Unique International, Ltd 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
in 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 This ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED thls the /~2¢ dayof ~2~~_, 2000
EULINE BROCK, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
'
APPROVED AS TO LEGAL FORM
BY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between UNIQUE
INTERNATIONAL, LTD. (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 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 "A" attached with all
rights and appurtenances pertaining to the said property,
including any right, title and interest of Seller 1n and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, r=ghts, and appurtenances being hereinafter referred to as
the "Property"), together with any ~mprovements, fixtures, and
personal property situated on and attached to the Property, for
the consideration and upon and sub3ect to the terms, provislons,
and conditions hereinafter set forth Seller shall pay all cost
for the removal, installation, construction, re~nstallatlon,
reconstruction, labor and materials for any and/or ~mprovements
located within the property described in Exh~blt "A". Any
~mprovements not removed by December 31, 2000 shall become
property of the C~ty of Denton, Texas
PURCHASE PRICE
1. Amount of Purchase Price The purchase price for the
Property shall be the sum of $5,000 00
2 Payment of Purchase Price. The full amount of the
Purchase Price shall be payable in cash at the closlng.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the
transactions contemplated hereby are sub3ect to the satisfaction
of each of the following conditions any of which may be waived ~n
whole or in part by Purchaser at or prior to the closing.
1. Preliminary Title Report. Within twenty (20) days after
the date hereof, Purchaser, at Purchaser's sole cost and expense,
shall have caused the Title Company (hereinafter defined) to
issue a owners policy commitment (the "Commitment") 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 Commnitment 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, Purchase shall, at Purchaser's option,
promptly undertake to eliminate or modify all unacceptable
matters to the reasonable satisfaction of Purchaser. In the
event Purchaser 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 shall, 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 (lO) day
~eriod, give Seller written notice of this fact. P~~all,
/~f~ s~u~%er,s 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
deemed to be Purchaser's acceptance of the survey.
3. Seller's Compliance.
AEE008FE
Seller shall have performed,
PAGE 2
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 A~D WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representations and warrant~es shall be deemed
made by Seller to Purchaser also as of the closing date=
1 There are no parties ~n possession of any port~on of the
Property as lessees, tenants at sufferance, trespassers or other
parties.
2. Except for the prior actions of Purchaser, there ~s 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 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 are no toxic
or hazardous wastes or materials on or within the Property Such
toxic or hazardous wastes or materials ~nclude, 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
L~ability Act (CERCLA), as amended
CLOSING
The closing shall be held at the off~ce of F~rst American
Title Company, 300 N. Elm Street, Denton, Texas 76201 on or
before December 31, 2000, or at such title company, t~me, 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 Requirements At the closing Seller shall:
A. Deliver to CITY OF DENTON, TEXAS, a MUNICIPAL
AEE008FE PAGE 3
CORPOP, ATION, a duly executed and acknowledged Deed in the
form &s attached hereto as Exhibit ~B" conveying good and
marketable title to all of the Property, free and clear
of any and all liens, encumbrances, condltions,
easements, assessments, and restrictions, except for the
followings
1. ~eneral 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 Obligations 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 First
American Title Company, Denton, Texas, (the "Title
Company"), or such title company as Seller and Purchaser
may mutually agree upon, ~n Purchaser's favor =n 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 llsted ~n Closing Requirements
hereof, such other exceptions as may be approved ~n
writing by Purchaser, and the standard printed exceptions
contained in the usual form of Texas Owner's Pollcy of
Title Insurance, provided, however=
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with s~ne 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
l~mited to the year of closing and shall
be endorsed "Not Yet Due and Payable";
and
4. The exception as to l~ens encumbering
the Property shall be endorsed "None of
AEE0 0 8FE PAGE 4
Record".
C. Deliver to Purchaser possession of the Property on
the day of closing.
2. Purchaser's Requirements. Purchaser shall pay the
consideration as referenced in the .Purchase Price" section of
this contract at Closing in immediately available funds
3. Closing 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 consummating the sale and
purchase of the Property not speclf~cally allocated herein shall
be paid by Purchaser, except for Seller's attorney's 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 fail to fully and tamely perform
any of its obligations hereunder or shall fa~l to consummate the
sale of the Property except Purchaser's default, Purchaser may
either enforce specific performance of th~s 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 conditmons to Purchaser's oblmgations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specmfic
performance of this Agreement, or terminate this Agreement by
written notice delivered to purchaser
MISCELLANEOUS
i Assignment of Agreement. This Agreement may be assigned
by Purchaser wathout 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 partzes, pertaining to a per~od of
time following the closing of the transactions contemplated
AEE008FE PAGE 5
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 Unated States
mail, postage prepaid, certified maal, 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 ADDlY. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all oblig&tions of the parties created hereunder are performable
in Denton County, Texas
5. Partaes Bound. This Agreement shall be binding upon and
anure to the benefit of the parties and their respective heirs,
executors, administrators, 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 thas Agreement shall for any reason be held
to be invalid, illegal, or unenforceable an any respect, said in-
valadity, illegality, or unenforceabality shall not affect any
other provision hereof, and this Agreement shall be construed as
af the invalid, illegal, or unenforceable provasion had never
been contained herein.
7. Prior Agreements Superseded. Thas Agreement constitutes
the sole and only agreement of the partaes and supersedes any
prior understandings or written or oral agreements between the
partaes respecting the within subject matter
8. Time of Essence. Time as of the essence in this
Agreement.
9. Gender. Words of any gender used an thas Agreement shall
be held and construed to include any other gender, and words an
the singular number shall be held to include the plural, and vace
versa, unless the context requires otherwise.
10. Memorandum of Contract. Upon request of eather party,
both parties shall promptly execute a memorandum of thas
Agreement suitable for faling of record
11. Compliance. In accordance wath the requarements of the
Texas Real Estate License Act, Purchaser as hereby advised that
at should be furnished with or obtain a polacy of title ansurance
AEE008FE PAGE 6
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 of 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 th~s Agreement
upon written not~ce to Seller.
DATED this ,~t ~ ~day of ..,(--.-~'D ,"..-'" · 2000.
SELLER PURCHASER
UNIQUE INTERNATIONAL, LTD. THE CITY OF DENTON, TEXAS
TITLE .' ,13~ ~?/~ l-'~ Czty Manager
215 E. McKinney
Denton, Texas 76201
APPROVED AS TO LEGAL FORM'
HERB~RO~~~TY ATTORNEY
BY:
This instrument is acknowled~ged before me, Qn this ~j0 day of
person and officer whose n~e ~s subscribed to the fore~oin~
instr~ent and acknowledged to me that the s~e was the act of
the said Unite International, Ltd~ /
Notary Public in ~ for
the State of Texas
AEE008F~ PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
TBs ins~ument is acknowledged before me, on this /9 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 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 Council of the City of Denton and~hat he executed the same
as the act of the said City for ~poses and consideration
therein expressed, and in the capac~t~hereir~ stated~
u 'f c'-i and for
~'~,~;~,.7~-- --~--~.~.- ~ the State of TeXas
AEE008FE PAGE 8
EXHIBIT 'A*
County Denton Page 1 of 1
Highway U.S.: 77
Project Idmlts. From I.H. 35 Rev. October 27, 1994
To U.S.
CS J: 0195-02-
Account*
FIELD NOTES FOR PARCEL 37
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO BILL McCLELLAN, TRUSTEE,
RECORDED IN VOLUME 2899, PAGEB8, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDC'r}, SAME BEING
OUT OF BLOCK 2, LOT 18 OF THE SNIDEFI ADDITION, SECTION ONE, RECORDED IN CABINET D, PAGE 113,
MAP RECORDS OF DENTON COUNTY, TEXAS {MRDCT}o 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 1/2-Inch Iron rod for the northeast corner of ea~d Lot 18 and the southeast
corner of Lot 17, Block 2 of said Snydsr Addition, same being a point m the existing west right of way llne of
Windsor Drive {a 80-foot right of way) and ae~d poEnt being ~n a non-tangent circular curve to the right having a
radius of 510 83 feet,
THENCE along the east property line of said Lot 18 and along sa~d curve to the right through e delta angle
of 05 e 1 I' 09", an arc distance of 46 23 feet, and having a chord which bears S 31 o 16' 49" W, e distance of
46 22 feet to a set 5/8-Inch rod for the POINT OF BEGINNING, being ~n the new north right of way line of
U $ 77, and bmng In a non-tangent circular curve to the right hawng a radius of 510.83 feet,
{ 1 ) THENCE continuing southwesterly, along the east hne of sa~d McClellan tract and along said curve
to the nght through a delta angle of 02e 46' 35', an arc distance of 24 75 feet, and having a
chord which bears S 35 o 06' 08' W, a d~stance of 24 75 feet to a point for the southeast corner
of said Lot 18, same being a point on the ex~sting north right of way line of U S 77~
{2) THENCE N 58" 09' 24' W, along a line common to sa~d McClellan tract and sa~d ex,sting north
right of way llne of U,S. 77, a distance of 84 70 feet to a set 5/8-inch ~ron rod w~th an aluminum
cap, sa~d point being on the new north right of way llne of U S 77, and being ~n a non-tangent
circular curve to the left having a radius of 3759 72 feet;
{3) THENCE southeasterly, along the new north right of way line of U S 77, and along said curve to
the left, through a delta angle of 00° 58' 25", an arc distance of 63 89 feet, and having a chord
which bears S 62° 14' 30' E, a distance of 63 89 feet to a set 5/8-.nch ~ron rod with an
aluminum cap,
{4) THENCE N 79· 49' 43" E, with the new north right of way hne of U S 77, a d~atanca of 30.12
feet to the POINT OF BEGINNING, and containing 0.010 acre, or 452 square feet of land, more
or lees
John F Wilder, R.p L.S.
T, ,e .o ,2B5 Dst,
Pa~ I of 3 R~v, ~/~ !
THE STATE OF TEXAS
COUNTY OF
DEED
KNOW ALL MEN BY THESE PRESENTS:
of the County of , State of Texas, bereinafier referred to as Grantors, whether
one or more, for and in consideration of the sum of
Dollars ($. ) to Grantors
in hand paid by the State of Texas, acting by and through th~ Texas Transportation Commission, receipt of
which is hereby acknowledged, and for which no lien is- retained, either ex-pressed or hnplied, have ~
day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain
tract or parcel of land in County, Texas, more particularly de.sm'bed in Ex-
hibit "A," .which is attached hereto and incorporated heroin for any and all purposes.
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors am retaining
title to the following improvements located on the property dc.scribed in said Exhibit "A," to wit:
Grantors covenant and agree to remove the above-described improvements from said land by the
day of ., 19__., subject, however, to such extensions of time as may be granted
by the State in writing; and if, for any reason, Grantors fail or refuse to remove same within said period of
time prescribed, then, without any further consideration, the title to all or any part of such improvements
not so removed shall pass to and vest in the State of Texas forever.
. Grantbrs reserve all of the oil, gas and sulphur in and under the land herein conveyed but waive all fights
of ingress and egress to the s.urface thereof for the purpose of exploring, developing, mining or drilling for
same; however, nothing in this reservation shall affect the title and rights of the State to take and use all
other minerals and materials thereon, therein and thereunder.
17
Texas Depsr~ment of Trmspo~n
~ D-15-14
Pag~2of3 Rev. 9/91
TO HAVE AND TO HOLD the premises herein d~cribed and herein conveyed together with all and
singular the fights and appurtenances thereto in any wise belonging unto ~ .State of Texas and its assigm
forever, and Grantors do hereby bind ourselves, our heirs, executors, admini.mators, anccesson and
signs to Warrant and Forever Defend aU and singular the said premises her~in conveyed unto the Sta~e of
Tex- as and its assigns against every person whomsoe- vet lawfully claiming or to claim th~ san~ or any pan
thereof.
IN WITNESS WHEREOF, ~ h~muncnt is executed on this the
,
day of
ACKNOWLEDGMENT
THE STATE OF TEXAS,
' COU~IT OF )
BEFORE IvIE, the undersigned, a Notary Public, on this day pe~on~lly appeared
, known to me (or proved
to me on the oaih of , a cs~dible wimess,) lo be the pel~on(s) whose
name(s) is (a~) subset/bed to ~he forego/rig inzmnnent and admowledgcd to me that he/shd~hey executed the same for the
puq~o.se~ ~ comiderafion therein exp~sse~
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
day of ,19 .
Not~g Public, State of Texas
My Comm~4ou explt~ c~ the ~ay of .19
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF )
BEFORE lYrE, the undersized, a Notary Public, on ~ day personally appeared
of , L'~own to
me to be thc person and officer whoze name is subsc~bed to ~e foregoing instrument and acknowledged to me that the same
wax the act of the said , a corporation, that he/she waz
duly authorized to perform the same by appmtnlate ~olutlon of the boani of dixecwrs of s~ch corporation and that be/she
executed the same as the aci of ~uch corporation for ~e purpo,se~ ~ comidet~on ~ eapr~r~[, and ia the capacity
GIVLrN UNDER MY HAND A.ND SEAL OF OFFICE, this day of
,19
Homy l~bllc, Stole ot T~
· day of .19~.
Texz. Del0trlment ot'Tz~m~u~on
P:~3of3 Rev. 9/91
After recording please return this instrument to:
THE STATE OF TEXAS,
COUNTY OF '
CERTIFICATE OF RECORDING
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