1999-022AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND JOHN C JOHNSON AND DORIS BEAN JOHNSON, RELATING TO THE
PURCHASE OF 0 029 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77
(PARCELS 54 AND 55), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE,
AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That the City Manager is hereby anthonzed to execute a Real Estate
Contract between the City and John C Johnson and Dons Bean Johnson, in substantially the
form of the Real Estate Contract which is attached to and made a part of tbas ordinance for all
purposes, for the purchase of 0 029 acres of land for the expansion ofU S Highway 77 (Parcels
54 and 55)
~ That the City Manager is authorized to make the expenditures as set forth
in the attached Real Estate Contract
~ That th~s ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED tlus the /~'7~ dayof~~_~, 1999
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between HN J HN
AND DORIS BEAN JOHNSON (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 here~n
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 ~n Exhibit "A" attached with all
rights and appurtenances pertainIng to the sa~d property,
including any right, title and interest of Seller in and to
adjacent streets, alleys or r~ghts-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the ,,Property"), together with any improvements, fixtures, and
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, relnstallat~on,
reconstruction, labor and materials for any and/or improvements
located within the property described in Exhibit "A" Any
improvements not removed by January 1, 1999 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 $1.616
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
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 T~tle Reoort within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to ~ssue a
owners policy commitment (the "Commitment") accompanied by cop~es
of all recorded documents relating to easements, r~ghts-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 t~tle as
set forth in the Commitment is or ~s not satisfactory In the
event Purchaser states the condition of t~tle ~s not
satisfactory, Seller shall, at Seller's option, promptly
undertake to ellmlnate or modify all unacceptable matters to the
reasonable satlsfact~on of Purchaser In the event Seller ~s
unable to do so within ten (10) days after receipt of written
not~ce, this Agreement shall thereupon be null and void for all
purposes, otherwise, this condition shall be deemed to be
acceptable and any ob]ect~on 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 lmprovements, h~ghways, streets, roads, railroads, r~vers,
creeks, or other water courses, fences, easements, and r~ghts-of-
way on or ad3acent 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 P~operty, together w~th a metes and bounds description
thereof
Purchaser wlll 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~th~n the ten (10) day
perlod, g~ve Seller written not~ce of th~s fact Seller shall,
at Seller'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 w~thin ten (10) days after receipt of written not~ce,
Purchaser may terminate th~s Agreement, and the Agreement shall
thereupon be null and void for all purposes and the Escrow
Deposlt shall be returned by the T~tle Company to Purchaser
Purchaser's failure to give Seller this written not~ce shall be
AEE008FE PAGE 2
deemed to be Purchaser's acceptance of the survey
3 ~e~ler's Compliance Seller shall have performed, ob-
served, and complied w~th all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied w~th 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 ~n possession of any port~on of the
Property as lessees, tenants at sufferance, trespassers or other
part~es
2 Except for the prior actions of Purchaser, there Ks no
pending or threatened condemnation or s~m~lar proceeding or
assessment or suit, affecting t~tle to the Property, or any part
thereof, nor to the best knowledge and bellef of Seller ~s any
such proceeding or assessment contemplated by any governmental
authority
3 Seller has complied w~th 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 w~th~n the Property Such
toxic or hazardous wastes or materials lnclude, but are not
l~m~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
Llab~lzty Act (CERCLA), as amended
CLOSING
The closing shall be held at the offlce of Dentex T~tle
Company on or before March 31, 1999, or at such t~tle company,
t~me, date, and place as Seller and Purchaser may mutually agree
upon (which date ~s herein referred to as the ,,closing date")
CLOSING REQUIREMENTS
AEE008FE PAGE 3
1 Seller,s Reauzrements At the closing Seller shall
A Deliver to State of Texas, acting by and through the
Texas Transportation Commission a duly executed and
acknowledged Deed in the form as attached hereto as
Exhibit "B" conveying good and marketable title to all of
the Property, free and 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 Obl~aatlons 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 t~tle company as Seller and Purchaser may mutually
agree upon, in Purchaser's favor 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 Closln~ Re~ulrements 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
i 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 Purchaser,
2 The exception as to restrictive cove-
nants shall be endorsed "None of Record",
3 The exception for taxes shall be
AEE008FE 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 p~rehaser,s Re~ulrements Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in immediately available funds
3 ~ Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing Ail
other costs and expenses of closing in consummating the sale and
purchase of the Property not specifically allocated herein shall
be pa~d by Purchaser and Seller
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 fall to fully and timely perform
any of its obligations hereunder or shall fall to consummate the
sale of the Property except Purchaser's default, Purchaser may
either enforce specific performance of this Agreement or
terminate this Agreement by written not~ce delivered to seller
BREACH BY PURCHASER
In the event Purchaser should fall to consummate 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
MISCELLANEOUS
AEE008FE PAGE 5
1 Asslanment of Aareement This Agreement may be assigned
by Purchaser without the express written consent of Seller
2 Survival of covenants Any of the representations, war-
rantles, covenants, and agreements of the part~es, as well as any
r~ghts and benefits of the part~es, 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 not~ce required or permitted to be delivered
hereunder shall be deemed received when sent by Un,ted States
mall, postage prepaid, certified mall, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the s~gnature of the party
4 T~xas Law to APplY Thls Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obllgatlons of the parties created hereunder are performable
in Denton County, Texas
5 ~ Thls Agreement shall be b~nd~ng upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by th~s Agreement
6 Le=al construction In case any one or more of the pro-
V~SlOnS contained in this Agreement shall for any reason be held
to be Invalid, illegal, or unenforceable in any respect, sa~d
validity, illegality, or unenforceab~llty 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 A=reements Superseded This Agreement constitutes
the sole and only agreement of the part~es and supersedes any
prior understandings or written or oral agreements between the
part~es respecting the w~thln subject matter
8 ~ Time is of the essence in th~s
Agreement
9 Gender Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words in
the s~ngular number shall be held to include the plural, and v~ce
AEE008FE PAGE 6
versa, unless the context requires otherwise
10 Memorandum of Contract Upon request of either party,
both part~es shall promptly execute a memorandum of th~s
Agreement suitable for f~llng of record
11. Compllance In accordance with the requirements of the
Texas Real Estate L~cense Act, Purchaser ~s hereby advised that
· t should be furnished w~th or obtain a policy of tltle ~nsurance
or Purchaser should have the abstract covering the Property
examined by an attorney of Purchaser's own selection
12 ~_~ In the event a fully executed copy of th~s
Agreement has not been returned to Purchaser w~th~n ten (10) days
after Purchaser executes th~s Agreement and delivers same to Sel-
ler, Purchaser shall have the r~ght to terminate th~s Agreement
upon written not~ce to Seller
SELLER PURCHASER
THE CITY OF DENTON, TE~S
City(Manager
/-%
~ ~ ~ ~~O~c.~ ~(~_~./ ~__l~9~ 215 E McKinsey
Denton, Texas 76201
DORIS BEAN JOHNS~
ATTEST AS TO CITY MANAGER'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS -~u LEGAL FO .
HERBERT L. PROUTY, CITY ATTORNEY
AEE008FE PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this /~ day o~~
, 1999 by Mlchael W Jez, C~ty Manager, of the f~ity
of Denton, a municipal corporation, known to me to be the person
and officer whose name ~s subscribed to the foregoing ~nstrument
and acknowledged to me that the same was the act of the sa~d Clty
of Denton, Texas, a municipal corporation, that he was duly
authorized to perform the same by appropriate ordinance of the
C~ty Council of the City of Denton and that he executed the same
as the act of the sa~d C~ty for purposes and consideration
thereln expressed, and in the capac~t~the~n s~ta/Td
] /~'."~;~_ ANNFORSYTHE I Notary Public ~ and for
~(~'~"~.~ NotaryPubt[cStateofTexas ~ the State of Texas
~ ~/ My ¢o~rnzsslon Expires ~
STATE OF TEXAS
COUNTY OF DENTON
Thls lnstrument ~s acknowledged before me, on this ~/ day of
~~ , 199~__ by John C Johnson and Doris Bean Johnson
Notary Public ~n
q %k~l; STATE OF TEXAS ~ the State of Texas
~ M, Cornrn Exp 05312001~
AEE008FE PAGE 8
EXHIBIT 'A'
County Denton Page I of 1
Highway ~ Rev October 5, 1994
Project Lim~ts From I.H. 35
To U.S, 380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 54
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JOHN C JOHNSON AND WIFE,
DORIS BEAN JOHNSON, RECORDED IN VOLUME 1406, PAGE 42, DEED RECORDS OF DENTON COUNTY,
TEXAS (DRDCT], AND BEING A PART OF LOT 6, BLOCK I OF J L MERCER ADDITION AS RECORDED IN
VOLUME 142, PAGE 301, DRDCT, AND BEING SITUATED IN THE N,H MEISENHEIMER SURVEY, ABSTRACT
NO 811, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS
COMMENCING for reference et a found 5/8-inch iron rod for the southeast corner of said Johnson tract and the
northeast corner of a tract of land conveyed to John C, Johnson, recorded in Volume 1936, Page 899, DRDCT,
THENCE N 87~ 10' 21 ' W, along the south property line of sa~d north Johnson tract and the north property ~ne
of said south Johnson tract, · d;stance of 160 11 feet to a set 5/8-,nch iron rod with an aluminum cap, being
the POINT OF BEGINNING, same be;ng e point on the new east right of wav line of U S 77,
(1) THENCE N 87 o 10' 21 · W, along the south hne of sa~d north Johnson tract, a distance of 14 22
feet to a point, bmng the southwest corner of sa~d north Johnson tract, same being a point on
the existing east right of way line of U S 77,
(2) THENCE N 03e 49' 29' E, along a line common to sa,d north Johnson tract and existing east r, ght
of way line of U S 77, a du~tanca of 86 68 feet to a point, being the northwest corner of said
north Johnson tract,
(3! THENCE S 88° 29' 07' E, along the north line of sa,d north Johnson tract, a distance of 12 72
feet to a set 5/8~nch iron rod with an aluminum cap, being a point on the new east right of way
line of U,S 77 and sa~d point being in s non-tangent circular curve to the left, having a radius of
11429 16 feet,
(4) THENCE southwesterly, along the new east nght of way line of U S 77 and said curve to the left,
through a delta angle of 00° 26' 09', an arc d~stance of 86 95 feet, and having a chord wh*ch
bears S 02° 49' 42' W, a d~$tance of 86 95 feet to the POINT OF BEGINNING, and containing
0 027 acre, or 1,164 square feet of land, more or less
Jo~n F: Wilder, R P L S Date
Texas No 4285
EXHIBIT "A*
County Denton Page 1 of 1
H~ghway U.S. 77
Project Limits From I H 3E~ Rev October 27, 1994
To U.S. 380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 65
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JOHN C JOHNSON, RECORDED
IN VOLUME 1936, PAGE 899, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING A PART
OF LOT 5, BLOCK 1 OF THE J L MERCER ADDITION AS RECORDED IN VOLUME 142, PAGE 301, DRDCT, AND
BEING SITUATED IN THE N H MEISE_NHEIMER SURVEY, ABSTRACT NO 811, CITY OF DENTON. DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference st a found 5/8-inch .ton md for the northeast comer of said Johnson tract, and the
southeast comer of a tract of lend conveyed to John C Johnson and ~afe, Dona Bean Johnson, recorded ~n
Volume 1406, Page 42, DRDCT,
THENCE N 87 = 1 O' 21 ' W, along a hne common to sa~d north Johnson tract and south Johnson tract, s d~atance
of 160 11 feet to s set 5/8-inch iron rod with an aluminum cap being the POINT OF BEGINNING, same being a
point on the new east nght of way line of U S 77, and bemg ;n a non-tangent circular curve to the left, hav~ng
a radius of 11429.16 feet,
(1) THENCE southwesterly, along the new east right of way line of U S 77 and said curve to the left,
through e delta angle of 00° 20' 04", an arc distance of 86 72 feet, and hawng a chord wh=h
bears S 02° 26' 35' W, s d.stance of 66 72 feet to a set 5/8-inch iron rod with an aluminum cap,
said point being on the south line of sa;d south Johnson tract and north line of a tract of land
conveyed to Idnwood John Roberson and wife, Eula Bell Roberson, recorded in Volume 788,
Page 380, DRDCT,
i2i THENCE N 87° 23' 12' W, along a hne common to sa~d south Johnson tract and Roberson tract,
a distance of 2 45 feet to a point, being the southwest comer of sa~d south Johnson tract and
ssJd poInt being in the existing east right of way I.ne of U S 77,
(3) THENCE N 030 49' 29' E, along n I.ne common to said south Johnson tract and ex.at, fig east
nght of way hne of U S. 77, a d~stance of 66 73 feet to a found $/8-1nch iron md, being the
northwest corner of aatd south Johnson tract, sa~d po;hr being on the south hne of said north
Johnson tract,
(4) THENCE S 87° 10' 21' E, along a hna common to sa~d south Johnson tract and north Johnson
tract, a distance of 0 84 feet the POINT OF BEGINNING, and contalmng 0 002 acre, or 108
acluare feet of land, more or less
J~h~ F Wdder, FI P L S D~te
Texas No 428.~
EXHIBIT "B'
Texas Deparimeht of T~ans~tmn
Form
Pa~ 1 of 3 Rev 9/91
DEED
~ STA~ OF ~ }
CO~ OF } ~OW ALL MEN BY ~SE PR~ENTS'
of the County of , State of Texas, hereinafter referred to as Grantors, whether
one or more, for and m consideration of the sum of
Dollars ($. ) to Grantors
m hand paidi by the State of Texas, acnng by and through the Texas Tramportatlon Comrmss~on, receipt of
which ~s hereby acknowledged, and for which no lien is retained, either expressed or u'nphed, have thts
day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain
tract or paicel of land m County, Texas, more particularly descnbed m Ex-
lubtt "A," which ~ attached hel~eto and incorporated hereto for any and all ptuposes
SAVE and EXCEPT, HOWEVER, It is expressly understood and agreed that Grantors are ratammg
title to the following unprovements located on the property descnhed m said Exhibit "A." to wit
Grantors covenant and agree to remove file above-described unprovements from said land by the
day of ,19 , -~ubject, however, to such extensions of tune as may be granted
by the State m writing, and tf, for any reason, Grantors fad or refuse to remove same within said period of
tune prescribed, then, without any further considerauon, the title to all or any pm of such ~nprovemencs
not so removed shall pass to and vest m the State of Texas forever
Grantors reserve all of the od, gas and sulphur m and under the land herem conveyed but waive sll rtghcs
other minerals and materials thereon, ~herem and thereunder
T*x~s Dq~me~t of Trnnsp~ion
Pom~ D-i$-14
Page2o~3 Rev 9/91
TO HAVE AIqD TO HOLD the prenuses b. erem d~cnbed and hereto conveyed together wl~h all and
}om~vear the rlzhts and appu..te~_ce~ thereto m my w~se belonging unto. the State of Texas and us as. signs
r, and (~rantors do hereby brad ourselves, our he,rs, executors, admuustrators, ~ucccssors ano as*
signs to Wan'ant and Forever Defend all and sln~ar ltlc said prermses hereto conveycd unt~ the State of
Texas and tts assigns against every petsotl whomsoever lawfully clannmg or to claun thc same or any pan
thereof
IN WITNESS WHEREOF, tlus instrument ~s executed on this the day of
,19,~
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF }
BF..FORE ME, the undersigned, a Notary Public, on th~ da~ pemonally appeared
, known to me (or proved
to me on th~ Oath of . , a cn~hble wtmess.) to be the person(s) whose
name(s) ~ (ate) subs~bed to the forgoing ms'amnmt and arJmowled~ed to me tha! hedshehhey e~ecuted the same for the
purposes and comdemum ~m expressed
OI'V~N UNDER MY HAND AND SBAL
Notnty Pubhc, State of Texas
My Cmmmmm ~4a~s ~o ~h~ dayof ,19
COEPORATE ACKNOW~DGMENT
THE STA~ OF TEXAS,
~ OF
BE~ ~ ~ u~i~, a Not~
of , ~ lo
w~ ~ ~ of ~ ~ , a ~omUon, ~ h~s~ w~
~d ~ ~ ~ ~ ~ of ~ch c~
~mm
O~N ~ MY ~ ~ S~ OF O~, ~s ~y of ,1~
Notary P~bhc, State of Texas
My Comnussmn exp~es on the day of ,19
Texas De{~nt of Tran~po~on
Pmg~of3 R~v 9~1
After recording plume re~rn thim ~trument to'
CERTIFICATE OF RECORDING
THE STATE OF TEXAS, }
COUNTY OF