Loading...
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