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1999-014 OmNANCENO qT-ZP/qr AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND BARBARA KAYE WHITSON, INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF CORINE A DOAKES AND ADA LUCILE LOWE (FORMERLY ADA LUCILE WILSON), RELATING TO THE PURCHASE OF 0 156 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PEC-4 TRIBUTARY OF PECAN CREEK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Barbara Kaye Wh~tson, Indlwdually, and as Independent Executrix of the Estate of Conne A Doakes and Ada Luole Lowe (formerly Ada Lumle Wilson) in substantially the form of the Real Estate Contract which ~s attached to and made a part of this ordinance for all purposes, for the purchase of 0 156 acres of land for constructing drmnage improvements in the PEC-4 Tributary of Pecan Creek SECTION II That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract SECTION III That this orchnance shall become effective immediately upon its passage and approval PASSED AND APPROVED tins the C)A--?'~ day of ~ , 1999 ATTEST; JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE ~s made by and between Barbara Kaye Wh~tson, Ind~wdually, and as Independent Executrix of the Estate ofConne A Doakes and Ada Lucfle Lowe (formerly Ada Lucfle Wilson), (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule mumc~pahty, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth hereto PURCHASE AND SALE 1 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 consisting of 0 156 acre tract of land, more or less, as described ~n Exh~btt "A" and illustrated m Exhibit "B" attached hereto, bemg port,on of Lot 6, Block 2, Alex Robertson Addition, together with all rights and appurtenances pert0amng to the sa~d property, ~nclud~ng any right, tttle and interest of Seller ~n and to adjacent streets alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together w~th any improvements, fixtures, and personal property s~tuated on and attached to thc Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth PURCHASE PRICE 1 Amount of Purchase Price The purchase price for the Property (0 156 acre tract) shall be the sum of Slx-Thousand and E~ght -Hundred and F~fteen Dollars and No Cents ($6,815 00) 2 Payment of Purchase Pnce The full amount of the Purchase Price shall be payable ~n cash at the closing PURCHASER'S OBLIGATIONS The obhgat~ons of Purchaser hereunder to consummate the transactions contemplated hereby are subJeCt to the satisfaction of each of the following conditions any of winch may be waived m whole or ~n part by Purchaser at or prior to the closing 1 Prehmmar~ T~tle Report W~th~n twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the T~tle Company (hereinafter defined) to ~ssue an owner's policy commitment (the "Commitment") accompanied by eop~es 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 Commitment 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 Purchaser understands that Seller is under no obligation to cure any title defects complained of by Purchaser stated in Pumhaser's written notice to Seller as provided in this paragraph 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 be deemed to be acceptable and any objection thereto shall be deemed to have been waved for all purposes 2 Survey Purchaser may, at Purchaser's sole cost and expense, obtan 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, nvers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contmn the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres compnsmg 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 reasonable satisfactions 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 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, observed, and complied with all of the covenants, agreements, and conchtions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closmg REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to purchaser, to the best of its current knowledge, as follows, wluch representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date Page 2 of 7 1 There are no parties in possession of any port~on of the Property as lessees, tenants at sufferance, or trespassers 2 Except for the prior actions of Purchaser, there ~s no pending or threatened condenmation or s~mflar proceeding or assessment or stat, affecting title to the Property, or any part thereof, nor to the best knowledge and behef of Seller ~s any such proceedang or assessment contemplated by any governmental authonty 3 Seller has comphed w~th all apphcable 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 toxin or hazardous wastes or materials on or within the Property Such toxic or hazardous wastes or materials ~nelude, but are not hm~ted 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 Llabthty Act (CERCLA), as amended CLOSING The closing shall be held at the office ofDentex T~tle Company, 300 N Elm, State 101, Denton, Texas on or before January 3 l, 1999 (winch date is here~n referred to as the "closing date") CLOSING REQUIREMENTS 1 Seller's Requirements At the closing Seller shall A Dehver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable t~tle in fee s~mple to all of the Property, free and clear of any and all hens, encumbrances, condmons, 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, and 2 Any exceptions approved by Purchaser pursuant to Purchaser's Obhgatmns hereof, and 3 Any exceptions approved by Purchaser ~n writing B Dehver to Purchaser a Texas owner's Pohcy of T~tle Insurance at Purchaser's sole expense, issued by Dentex T~tle Company, Denton, Texas, (the "T~tle Company"), in Purchaser's favor ~n the full amount of the purchase pnce, msunng Purchaser's fee s~mple title to the Property subject only to those title exceptions hsted m Closing Requirements Page 3 of 7 hereof, such other exceptions as may be approved in writing by Purchaser, and the standard pnnted 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 if required by Purchaser, and if so required, the costs associated with same shall be borne by Seller, 2 The exception as to restrictive covenants shall be endorsed "None of Record", 3 The exception as to liens encumbenng the Property shall be endorsed "None of Record" other than those set forth ~n "Purchaser's Obhgat~ons" 4 The exception for taxes shall be limited to the year of closing and shall be endorsed "not yet due and payable" C Dehver to Purchaser possession of the Property on the day of closing 2 Purchaser's Re~mrements Purchaser shall pay the consideration as referenced in the "Purchase Price" section of ttus contract at Closing in immediately available furids 3 Closm~ Costs Seller shall pay all taxes assessed by any tax junsdmtlon through the date of the Closing All other costs and expenses of closing m consummating the sale and purchase of the Property not specifically allocated herein shall be prod by Purchaser REAL ESTATE COMMISSION Any real estate commissions occasaoned by the consummation of this Agreement shall be the sole responsabflaty of Seller, to the extent Seller has agreed to pay any such real estate commlssmn an writing, and Seller agrees to indemnify and hold Purchaser harmless from any and all claims for any such commlsmons BREACH BY SELLER In the event Seller shall fa~l to fully and t~mely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser as its sole and exclusive remedy may either enforce specific performance of this Agreement or termlnato th~s Agreement by written notice delivered to Seller Page 4 of 7 BREACH BY PURCHASER In the event Purchaser should fall to consummate the purchase of the Property, the conditions to Purchaser's obhgatlons set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default, Seller as its sole and exclusive remedy may enforce specific performance of th~s Agreement, or terminate this Agreement by written not,ce delivered to Purchaser MISCELLANEOUS PROVISIONS 1 Assignment of Agreement This Agreement may not be asmgned by Purchaser without the express written consent of Seller 2 Survival of C0venants Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the partres, pertmnmg to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein 3 Notme Any not,ce required or permitted to be delivered hereunder shall be deemed received when sent by United States mml, postage prepmd, certffied mml, 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 Amply This Agreement shall be construed under and xn accordance with the laws of the State of Texas, and all obhgatxons of the parties created hereunder are performable m Denton County, Texas 5 Parties Bound This Agreement shall be binding upon and ~nure to the benefit of the parties and their respective legal representatives, successors and assigns where permitted by this Agreement 6 Legal Construction In case any one or more of the promslons contmned ~n th~s Agreement shall for any reason be held to be ~nvalld, illegal, or unenforceable ~n any respect, said invalidity, ~llegallty, or tmenforceablhty shall not affect any other provision hereof, and th~s Agreement shall be construed as ~f the invalid, illegal, or unenforceable provision had never been contmned here~n 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 w~th~n subject matter 8 .Time of Essence Time is of the essence ~n th~s Agreement 9 Gender Words of any gender used m this Agreement shall be held and construed to include any other gender, and words ~n the s~ngnlar number shall be held to include the plural, and vice versa, unless the context requires otherwise Page 5 of 7 10. 11. DATED this Compliance. 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 coveting the Property examined by an attorney of Purchaser's own selection. 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 Seller, Purchaser shall have the fight to terminate this Agreement upon written notice to Seller. day of ~, 199~. SELLER: BY: Bar~rk'~aye ~i~n Indlvic~ua-lly, and as Independent Executrix of the Estate of Corine A. Doakes BY: Ada Lueile Lowe (formerly Ada Lucile Wilson) PURCHASER: THE CIT~ OF DENT~, TEy BY: ~~ '/~4 215 E. Mc~ey Denton, Tex~ 76201 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ~'fl/'/~ 1/~ ~/~'2~ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 6 of 7 THE STATE OF~ § COUNTY OF k,~\k,~% § This instrument w~ ac~owledged before me on ,~ 1998 by B~bma Kaye ~itson, hdividually, ~d as Independent Executrix of the Estate of Co~e A. THE STATE OF "T'~--k'~ § COUNTY OF ~=a~two~ § Notary Public, in and for the State of ~ My Commission Expires: \-ah-¢-~l This instrument was acknowledged before me on · by Ada Lucile Lowe (formerly Ada Lucile Wilson). Notary Public, in and for the State of "[-~--~ ~ My Commission Expires: t.~?...a~ ,1998 Page 7 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of % ,~ On ~,~Q '-~ i J ~ ~-~ , before me, .~---.,~,,.~,,,,,~ ~_.~"~.,e,,...~.,,J '~.~-.~ ~11,,,_ Date Name and ~tle of Officer (e.g., ~Jane Doe, Nota~ Public") personally appeared ~', Na~) of Signeds) ~ personally known to me erOVed to me on the basis of satisfacto~ ace to be the person~)whose name/s)~ subscribed to t~e within~r~ent and acknowledged to me th~ey executed the same in~~r . aut~ri~ capacity~), and that by~~ir signatu~n the instrument the person, or ~ ~ :US~N ~0~ ~-~ the entity upon behalf of which the pers~ N acted, executed the instrument. ~ ~ Commi~on ~ ~ Nota~ Public--Ca~ornia ~ WITNESS my hand an icial seal. ] ~ My Comm. Expires Jan 26, ~ Signature © Nota~ Public OPTIONAL Though the information below is riel required by law, fl may prove valuable to persons relying on the document and could prevent fraudulent removal and rea~achment of this form to another document. Description of Attached Documeq~ ~tle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer-- Title(s): [] Par[ner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: 3 of thumb here Signer Is Representing: © 1997 National Nota~' Assoc[alion · 9350 De Soto Ave., P,O, BOX 2402 · Chatsworih, CA 91313-2402 Prod, NO. 5907 Reorder: Call Toll-Free I 800-B76-6827 EXI'IIBIT 'A' BEING A PORTION OF LOT 6, BLOCK 2, ALEX ROBERTSON ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 01, PAGE 19, PLAT RECORDS, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS BEGINNING AT A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF SAID LOT 6 AND THE NORTHWEST CORNER OF LOT 5 IN SAID BLOCK 2 THENCE N00° 12~34"E, ALONG THE WEST LINE OF SAID LOT 6, A DISTANCE OF 47 00 FEET TO THE NORTHWEST CORNER OF SAID LOT 6 TH]ENCE N89°44'32"E, ALONG THE NORTH LINE OF SAID LOT 6, PASSING A I-1/2" I D PIPE AT 47 00 FEET AND CONTINUING IN ALL A DISTANCE OF 145 00 FEET TO A 5/8 INCH IRON KOD SET FOR THE NORTHWEST CORNER OF THE TRACT DESCRIBED IN A DEED TO THE CITY OF DENTON DATED IANUARY 7, 1969, FOR ~ WIDENING OF SKINNER STREET THENCE SOO" 12'34"W, ALONG THE WEST LINE OF SAID CITY TRACT FOR THE WEST LINE OF SAID SKINNER STREET, 47 00 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF SAID CITY TRACT, IN THE COMMON LINE OF SAID LOT 6 AND LOT 5 THENCE S89°44~32"W, ALONG THE SAID COMMON LINE OF LOTS 5 AND 6, A DISTANCE OF 145 00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0 156 ACRE OF LAND SURVEYED ON THE GROUND FEBRUARY 1998 I ~ EXHIBIT u~E$~ Om~R~s~ I~0~o (NO DEED AVAILABLE) SO012 34 W m I BE~NNING LOT'B~. 2 ~:~ ~ LOT6 B~ 2 *~ ~ ~ A~X ROBER~ON LOT 5 B~, 2 ABDI~ON VOL 01, PO 19 ~o~ - 4~oo' Pr~p~ed B~ g~ r~ore.ce Dote I WARRANTY DEED THE STATE OF TEXAS § 0~ § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That I, BARBARA KAYE WHITSON, individually and as Independent Executrix of the Estate of Corine A. Doakes and Ada Lucille Wilson, Grantors, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other valuable consideration to the under- signed paid by the Grantees herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto CITY OF DENTON, A Municipal Corporation, of the County of Denton and State of Texas, whose mailing address is 221 N. Elm Street, Denton, Texas 76201, all of the following described real property in Denton County, Texas, to-wit: All that certain real property situated in the City and County of Denton, State of Texas, out of the A. Hill Survey, and being known and described as Lot No. 6 in Block No. 2 of the Alex Robertson Addition to the City of Denton, Texas, as shown by map of said addition recorded in Volume 1, Page 19, Plat Records of Denton County, Texas, Save and Except 0.005 acre of land, more or less, conveyed by Corine A. Doakes to the City of Denton, as shown by Deed dated January 7, 1969, recorded in Volume 577, Page 532, Deed Records of Denton County, Texas. Reservations from and exceptions to conveyance and warranty: This deed is executed and delivered subject to all easements, reservations, conditions, covenants and restrictive covenants as the same appear of record in the Office of the County Clerk of the county aforesaid. It is also subject to any outstanding oil, gas and other mineral interest owned by others of record in the office of the County Clerk of the county aforesaid. WARRANTY DEED, Page i 4363 02066 TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, his heirs and assigns forever; and I do hereby bind myself, my heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this day of , 1999. B~RBARA KAYE WHIT~ON, Individually BARBARA }(AYE WHITSO~, as Independent Executrix of the Estate of Corine A. Doakes ADA LUCILE WILSON WARP~ANTY DEED, Pa~e 2 4363 02067 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califor.nia County of /..~, ~, On ~'~ ~ personally appeared · before me, B Be[serially known to me ~rbved to me on the basis of satisfactow ence to be the person~ whose name(~)~ subscribed to tee within ~ent and acknowledged to me th~hey executed the same in ~/~ aut~ed capacit~ and that by~/~heir signatur~n the instrument the pers~E~ the entity upon behalf of which the pefson~ acted, executed the instrument. WITNESS my hand ~ official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ~ Title or Type of Document: ( /. _~ ~"~-J~ ~.~.,~ ~/~.,---u~& Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner-- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here © 1997 Nalional Nota~ Association · 9350 De Solo Ave.. Re. Box 2402 · Chatswodh. CA 91313~2402 Prod. No. 5907 Reorder: Call Tell-Free 1-900-876-6827 4363 02068 THE STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the__day of , 1999, by BARBARA KAYE WHITSON, Individually and as Independent Executrix of the Estate of Corine A. Doakes. Notary Public, State of Texas Notary's Printed Name THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the__day of 1999, by ADA LUCILE WILSON. Notary Public, State of Texas Notary's Printed Name My Commission Expires: AFTER RECORDING RETURN TO: CITY OF DENTON 221 ELM STREET DENTON, TX 76201 WARRANTY DEED, Page 3 k363 02069 TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, his heirs and assigns forever; and I do hereby bind myself, my heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this ~/ ~ day of ~Q/~~, 1999. BARBARA KAYE WHITSON, Individually BARB~RAKAYE WHITSON, as Independent Executrix of the Estate of Corine A. Doakes ADA LUCILE WILSON WARP. ANTY DEED, Pave 2 02070 THE STATE OF ~Eu/a~S § COUNTY OF ~NT~N § This instrument ~as acknowledged before me on the [ [4~h--day of 1999, by BARBARA KAYE WHITSON, Individually and as Independent Executrix of the Estate of Corine A. Doakes. Notary Puk~Dic, State of Notary's Printed Name THE STATE OF ~ CO~TY OF § ~. This instrument was acknowledged before me on the~4~daY of , 1999, by ADA LUCILE WILSON. Notary Publi~, State of Tex-a~- Notary's Printed Name My Commission Expires: AFTER RECORDING RETURN TO: CITY OF DENTON 221 ELM STREET DENTON, TX 76201 W~RRANTY DEED, Page 3 DENTEX TITLE COMPANY 300 N. EL~ STE 101 DENTON, TEXAS 76201 PHONE: 940-566-0282 FAX: 940-566-6445 June 24, 1999 CITY OF DENTON 221 N. Elm Street Dento~ Texas 76201 RE: GF #98-1549S Property: Lot PART OF LOT 6, County, TEXAS Block 2, ALEX ROBERTSON ADDITIO~ DENTON, DENTON Enclosed herewith please find your Owner Policy of Title Insurance on the above referenced transaction. Your original Warranty Deed was filed with the County Clerk of Denton County, Texas. It will be returned to you by the County Cler~ If you require anythin~ further, please do not hesitate to call. Thank you for selecting Dentex Title Company to assist you with your title insurance needs. It has been our pleasure to do business with you DENTEX TITLE COMPANY encls.