1999-015 O INANCENO
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND MARY B COPELAND, WIDOW OF H L COPELAND, RELATING TO
THE PURCHASE OF 1 20 ACRES OF LAND FOR CONSTRUCTING DRAINAGE
IMPROVEMENTS IN THE MOCKINGBIRD STREET AREA, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
S CT__E_G.T.I.Q]:2~ That the Caty Manager as hereby authorized to execute a Real Estate
Contract between the Caty and Mary B Copeland, w~dow ofH L Copeland, an substantmlly the
form of the Real Estate Contract whach as attached to and made a part of thas ordinance for all
purposes, for the purchase of 1 20 acres of land for constmetang draanage ~mprovements m the
Mockmgbard Street Area
~ That the Caty Manager ~s authorized to make the expendatures as set forth
m the attached Real Estate Contract
SECTION III That this orchnance shall become effective amme&ately upon ats passage
and approval
PASSED AND APPROVED ttus the ,~7_~ day
199
9
ATTEST!
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
TI-tIS CONTRACT OF SALE Is made by and between Mary B Copeland, widow of
H L Copeland (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home
rule munmlpahty, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"),
upon the terms and condat~ons set forth herein
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 a 1 20 acre tract of land, more or
less, as described m Exhibit "A", together with all rights and appurtenances pertmning to the
smd property, including any right, tffie and interest of Seller m 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 with any ~mprovements, fixtures, and personal
property s~tuated on and attached to the Property, for the consideration and upon and subject
to the terms, prows~ons, and cond~txons hereinafter set forth
PURCHASE PRICE
1 Amount of Purchase Price The purchase price for the Property (1 20 acre tract)
shall be the sum of Six-Thousand and Five -Hundred and Eighty Four Dollars and
F~fty Cents ($6,584 50)
2 Payment of Purchase Pnce The full amount of the Purchase Pnce shall be
payable m cash at the closing
PURCHASER'S OBLIGATIONS
TOe obhgat~ons of Purchaser hereunder to consummate the transactions contemplated
hereby are subject to the satisfaction of each of the following conditions any of which may be
waived m whole or m part by Purchaser at or prior to the closing
1 Prehmmar~ T~tle Renort. 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 ~ssue an owner's policy commitment (the
"Commitment") accompanied by copies of all recorded documents relating to
easements, rights-of-way, etc, affecting the Property Purchaser shall g~ve Seller
written notice on or before the explratmn often (10) days after Purchaser receives
the Commitment that the condition of t~tle as set forth in the Commitment is or is
not satisfactory In the event Purchaser states the cond~tion oft~tle ~s not
satisfactory, Seller shall, at Seller's option, promptly undertake to ehmlnate or
modify all unacceptable matters to the reasonable satisfaction of Purchaser
Purchaser understands that Seller ~s under no obhgat~on to cure any t~tle defects
complained of by Purchaser stated m Purchaser's written nottce to Seller as
prowded ~n th~s paragraph In the event Seller ~s unable to do so w~th~n ten (10)
days after receipt of wntten notice, thru 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 wmved for all purposes
2 Survey Purchaser may, at Purchaser's sole cost and expense, obtmn a current
survey of the Property, prepared by a duly hcensed Texas land surveyor
acceptable to Purchaser The survey shall be staked on the ground, and shall show
the location of all improvements, lughways, streets, roads, rmlroads, rivers,
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 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 ~s unacceptable, then Purchaser shall
w~tlun the ten (10) day period, give Seller written notice ofth~s fact Seller shall,
at Seller's option, promptly undertake to eliminate or modify the unacceptable
pomons of the survey to the reasonable sat~sfaetaons of Purchaser In the event
Seller ~s unable to do so within ten (10) days after receipt of written notice,
Purchaser may tenmnate tins Agreement, and the Agreement shall thereupon be
null and vmd for all purposes Purchaser's failure to give Seller this written
notice shall be deemed to be Purchaser's acceptance of the survey
3 ~lance Seller shall have performed, observed, and comphed 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 AND WARRANTIES OF SELLER
Seller hereby represents and warrants to purchaser, to the best of its current knowledge,
as follows, whmh representations and warranttes shall be deemed made by Seller to Purchaser
also as of the closmg date
1 There are no part, es m possession of any portion of the Property as lessees,
tenants at sufferance, or trespassers
Page 2 of 6
2 Except for the prior actaons of Purchaser, there ~s no pendtng or threatened
condemnation or stmflar proceeding or assessment or stat, affecting t~tle to the
Property, or any part thereof, nor to the best knowledge and behef of Seller ~s any
such proceeding or assessment contemplated by any governmental authority
3 Seller has comphed wtth 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 toxtc or hazardous wastes or materials
include, 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
Comprehenmve Enwronmental Response Compensation and L~abthty Act
(CERCLA), as amended
CLOSING
The closing shall be held at the office of Dentex T~tle Company, 300 N Elm, State 101,
Denton, Texas on or before , (whmh date ts hereto
referred to as the "closing date")
CLOSING REQUIREMENTS
1 Seller's Reamrements At the closing Seller shall
A Dehver to Purchaser a duly executed and acknowledged General Warranty
Deed conveying good and marketable t~tle tn fee s~mple to all of the
Property, free and clear of any and all hens, encumbrances, conditions,
assessments, and restrictions, except for the following
1 General real estate taxes for the year of closmg and subsequent
years not yet due and payable, and
2 Any exceptions approved by Purchaser pursuant to Purchaser's
Obhgat~ons hereof, and
3 Any exceptions approved by Purchaser ~n writing
B Deliver to Purchaser a Texas owner's Pohcy of Title Insurance at
Purchaser's sole expense, issued by Dentex T~tle Company, Denton,
Texas, (the "T~tle Company"), ~n Purchaser's favor in the full amount of
the purchase price, msunng Purchaser's fee s~mple t~tle to the Property
subject only to those t~tle exceptions hsted tn Clos~ments
hereof, such other exceptions as may be approved ~n writing by Purchaser,
and the standard pnnted exceptmns contmned ~n the usual form of Texas
Owner's Pohey of Title Insurance, provided, however
Page 3 of 6
1 The boundary and survey exceptions shall be deleted ~f
reqmred by Purchaser, and ff so reqmred, the costs
assocmted wath same shall be borne by Seller,
2 The exception as to restrictive covenants shall be endorsed
"None of Record",
3 The exception as to hens encumbenng the Property shall be
endorsed "None of Record" other than those set forth ~n
"Ptlrchaser's Obh~,at~ons"
4 The exception for taxes shall be hmlted 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 Reamremants Purchaser shall pay the consideration as referenced in
the "Purchase Price" section ofth~s contract at Closing in immediately avmlable
funds
3 ~ Seller shall pay all taxes assessed by any tax junsdmt~on through
the date of the Closing
All other costs and expenses of closing in consummating the sale and purchase of the
Property not specifically allocated hereto shall be prod by Purchaser
REAL ESTATE COMMISSION
Any real estate commmsmns occasioned by the consummation of th~s Agreement shall be
the sole responsibility of Seller, to the extent Seller has agreed to pay any such real estate
comm~ssmn m writing, and Seller agrees to mdemmfy and hold Purchaser harmless from any
and all elmms for any such commissions
BREACH BY SELLER
InI the event Seller shall fml to fully and tamely perform any of its obhgat~ons hereunder
or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser as ~ts
sole and ~xclus~ve remedy may e~ther enfome specffic performance of th~s Agreement or
terminate th~s Agreement by written notace dehvered to Seller
BREACH BY PURCHASER
In the event Purchaser should fad to consummate the purchase of the Property, the
conditions to Purchaser's obhgataons set forth m PURCHASER'S OBLIGATIONS hawng been
satisfied and Purchaser being m default, Seller as ~ts sole and exclusive remedy may enforce
Page 4 of 6
spemfic performance of this Agreement, or terminate th~s Agreement by written notme dchvered
to Purchaser
MISCELLANEOUS PROVISIONS
1 Assignment of Am'cement Thas Agreement may not be assigned by Purchaser
w~thout the express written consent of Seller
2 Surv val of Covenants Any of the representations, warrant~es, covenants, and
agreements of the partaes, as well as any rights and benefits of the partaes,
perttunmg to a period of tame following the closing of the transactions
contemplated hereby shall surwve the closing and shall not be merged therean
3 Notate Any notace reqmred or permitted to be dehvered hereunder shall be
deemed received when sent by Umted States mml, postage prepmd, certffied mtul,
return receapt requested, addressed to Seller or Purchaser, as the case may be, at
the address set forth beneath the s~gnature of the party
4 Te as Law to A 1 Ttus Agreement shall be construed under and ~n accordance
wath the laws of the State of Texas, and all obhgat~ons of the partaes created
hereunder are performable ~n Denton County, Texas
5 Part, es Bound This Agreement shall be b~ndmg upon and inure to the benefit of
the part, es and thear respective legal representatives, successors and assigns where
permatted by tlus Agreement
6 ~ctaon In case any one or more of the prowsmns contained an th~s
Agreement shall for any reason be held to be anvahd, ~llegal, or unenforceable ~n
any respect, stud mvahd~ty, fllegahty, or unenforceabd~ty shall not affect any
other provamon hereof, and th~s Agreement shall be construed as ~f the anvalld,
illegal, or unenforceable prowsaon had never been contmned here~n
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 w~thm subject matter
8 Time of Essence Tame as of the essence an thas Agreement
9 Gender Words of any gender used ~n thas Agreement shall be held and construed
to anclude any other gender, and words m the sangular number shall be held to
include the plural, and wce versa, unless the context reqmres otherwise
10 Comnhance In accordance with the reqmrements of the Texas Real Estate
Lacense Act, Purchaser as hereby advised that ~t should be furnished with or obttun
a pohey of title insurance or Purchaser should have the abstract covenng the
Property examined by an attorney of Purchaser's own select~on
Page 5 of 6
i1.
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 right to terminate
this Agreement upon written notice to Seller.
day of ~/_A.~CAX~ , 199~.
DATED this
SELLER:
BY:
Mary B. Copeland,
widow ofH.L. Copeland
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
PURCHASER:
t./t,,~mhae~W~. j.~ ,~ ~r
2C~stY~. ~c~' ey
Denton, Texas 76201
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
THE STATE OF TEXAS §
COUNT~ OF DENTON §
This instrument was acknowledged before me on
by Mary B. Copeland, widow ofH.L. Copeland. ,,~
~ ,,,~./~,,, - ................... ]~ N taryPublic, in and for the State ofTexas
~;-- ~"~'~"~ N°PA~Lp~W,~Ie~ONa'"a ~ My Commission Expires:
,1998
Page 6 of 6
E)[HIBIT "A'
1 211 ACRES
FIELD NOTES to all that certain tract of land situated In the R B Longbottom Survey, Abstract Number 775,
in the City and Coun~ of Denton. Texas and being a part of that certain tract described In the deed from Larry
W Cleytor to H L Copelend, recorded in Volume 912 Pegs 901 of the Deed Records of Denton County. Texas
the subject tract being more particularly described es follows,
BEGINNING for the Northwest Comer of the tract being described herein at a nmi set for the Northwest Corner
of said C0peland tract In the apparent West line of said Survey in Mockingbird Lane,
THENCE East with the North line of said tract s distance of 302 00 feet to a capped iron red sat for the
Northeast Corner of the herein desortbed tract, same being the Northwest Corner of a 10 foot drainage
easement, dsacnbed In the easement from Mary B Cobeland to the City of Denton, recorded in Volume 2751
Page 676 of the IRsal Proper Records of Denton County. Texas, said corner also being the Non'he;st corner
of a certain drainage easement to the City of Denton, prepared ~n September of 1886,
THENCE South 01 Degrees 28 Minutes 46 Seconds East with the East line of the above mentioned 1998
easement end the West line of the first mentioned easement, a distance of 10 47 feet to a capped iron rod set
for the beginning of a non-tangent curve to the left having · radius of 465 00 feet,
THENCE ,along the arc of said curve and the apparent South line of the 100 foot drainage easement an arc
distance of 201 53 feet (chord beanng of South 36 Degrees 18 Minutes 25 Seconds West a distance of 200 08
feet) to · capped Iran red set for the end of said cows.
THENCE South 25 Degrees 34 Minutes 42 Seconds West continuing with said 1998 easement line a distance
of 25 04 feet to a capped Iran red set for the beginning of a curve to the right having a radius of 103 27 feet,
THENCE along the arc of said curve an arc distance of 115 g0 feet (chord bearing of South 57 Degrees 43
Minutes 45 Seconds West s distance of 105 91 feet) to a capped iron rod set for the end of said curve.
THENCE South 5g Degrees 52 Minutes 46 Seconds West continuing with said easement line s distance of
73 52 feet to a nail set in the West line of said Copelend tract in said Mockingbird Lane,
THENCE North 01 Degrees 25 Minutes 46 Seconds Wsat w~ said West line m said Lane a distance of 253 21
feet to the PLACE OF BEGINNING and enclosing 1 211 acres of land
These Field Notes with the accompanying sketch were prepared from an on the ground survey made under
my direction end supervie, on on November 25, 1998 There are no ~s~ble or apparent ~ntrus~ons or protrusions
except as shown
Michael J Kern RPLS No 4158 Date
THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE BINDER OR SCHEDULE B
GF# 98-2477s
[ 26 I 01'/9 I
A oo-I-1 - 0 I0OOl
GENERAL WARRANTY DEED
(CASH)
0067,i:t
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW AI,L MEN BY THESE PRESENTS:
THAT THE UNDERSIGNED, MARY B COPELAND, hereinafter referred to as
"Grantor", whether one or more, for and in consideration of the sum of TEN DOLLARS ($10.00)
cash, and other good and valuable consideration in hand paid by the Grantee, herein named, the
receipt and sufficiency of which is hereby fully acknowledged and confessed, has GRANTED,
SOLD, and CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY
unto CITY OF DENTON, herein referred to as "Grantee", whether one or more, all Grantor's
right, title, and interest in and to the real property described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
This conveyance, however is made and accepted subject to any and all validly existing
encumbrances, conditions, and restrictions, relating to the hereinabovedescribed property as now
reflected by the records of the County Clerk of Denton County, Texas.
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, Grantee's heirs,
executors, administrators, successors and/or assigns forever; and Grantor does hereby bind
Grantor and Grantor's heirs, executors, administrators, successors and/or assigns, to WARRANT'
AND FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's
heirs, executors, administrators, successors and/or assigns, against every person whomsoever
claiming or to claim the same or any part thereof.
Current and ad valorem taxes on said property having been prorated, the payment thereof
is assumed by Grantee.
EXECUTED THIS ~ of~0~J~I~F//~ ,1999.
MAR~' B. ~OPRLAND
THE STATE OF TEXAS
COUNTY OF DENTON
~.. The foregoing instrument was acknowledged
DJ'IMff. bVt. A~ , 1999, by MARY B. COPELAND.
NOTARY PUBLIC [
STATE OF TE~S ~
My Comm. Exp. 08-08-~
AFTER RECORDING RETURN TO:
CITY OF DENTON
221 N. ELM
DENTON, TX 76201
before me on the ~)'~'~ of
N~)TARY~PUBLI~, STATE OF
TEXAS
EEHIBIT "A"
01'/92
1.211 ACRES
FIELD NOTES to all that certain tract of lend situated in the R.B. Longbottom Survey, Abstract Number 775,
in the City and County of Denton, Texas and being a part of that certain tract described In the deed from Larry
W. Claytor to H.L. Col=elam:l, recorded in Volume 912 Page 901 of the Deed Records of Denton County, Texas
the subject tract being more pa~culariy described as follows;
BEGINNING for the Northwest Comer of the tract being described herein at a nail set for the Northwest Corner
of said Copeland tract in the apparent West line of said Survey in Mockingbird Lane;
THENCE East with the North line of said tract · distance of 302.00 feet to a capped Iron rod set for the
Northeast Corner of the herein described tract, same being the Northwest Comer of a 10 foot drainage
easement, desc~fbed in the easement from Mery B. Copeland to the City of Denton, recorded in Volume 2751
Page 676 of the Real Property Records of Denton County, Texas, said corner also being the Northeast corner
of a certain drainage easement to the City of Denton, prepared in September of 1998;
THENCE South 01 Degrees 28 Minutes 46 Seconds East with the East line of the above mentioned 1998
easement and the West line of the first mentioned easement, a distance of 10.47 feet to a capped iron rod set
for the beginning of a non-tangent curve to the left having a radius of 485.00 feet;
THENCE along the arc of said cuwe and the apparent South line of the 100 foot drainage easement an arc
distance of 201.53 feet (chord bearing of Sou~ 36 Degrees 18 Minutes 25 Seconds West a distance of 200.08
feet) to a capped iron rod set for the end of said curve;
THENCE South 25, Deg;r .e~.. 34~Minutes 42 Seconds West continuing with said 1998 easement line a distance
of 25.04 feet to a diipped Jroh;rOd.~iet for the beglnnlngr.Of a curve to the dght having a radius of 103.27 feet;
THENCE along the arc of s~id*'curve an am dlstanca ot~ 115.90 feet (chord bearing of South 57 Degrees 43
Minutes 48 Seconds ..West ~ distaff.ca of 109.91 feet) to a'capped iron rod set for the end of said curve;
THENCE South 89 D~greb~,52 Mi~l'~tas 48 Seconc~s.West continuing with said easement line a distance of
73.52 feet to a nail set in the West line 0f'~'aid CoPeland tract in said Mockingbird Lane;
THENCE North 01 Degrees 28 Minutes 46 Seconds West with said West line in said Lane a distance of 253.21
feet to the PLACE OF BEGINNING and enclosing 1.211 acres of land.
These Field Notes with the accompanying a,k. etch were prepared from an on the ground survey made under
my direction and ~upervision on Novembei<25 1998. There are no visible or apparent intrusions or protrusions
except as shown. . :,
MichaeI ,~. Kern RPLS,No. 4!58 ~,. Date
THIS SuR~EY W,~;'PREP~ED.'WITHOUT THE BENEFIT OF A TITLE BINDER OR SCHEDULE B
4261 01793
Filed foe Reeo'ed in:
DENTON COUNTY. TX
CYNTHIA HITCHELL, COUNTY
CLERK
On Jan 22 1999
At 3:23pm
Doc/Num : 99-RO086741
Doc/Tzpe : ~O
Reco'r~ing: 7.00
Doc/Mgmt : 6.00
Receipt #: 8749
Deputy - SHELLEY