1999-079AN ORDiNANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND E E WRIGHT, JR AND E E WRIGHT III, RELATING TO THE
PURCHASE OF 0 008 ACRE OF LAND FOR THE EXPANSION OF U S HIGHWAY 77
(PARCEL 50), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDI~NG AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I That the C~ty Manager ~s hereby authorized to execute a Real Estate
Contract between the C~ty and E E Wright, Jr and E E Wright, III, ~n substanUally the form of
the Real Estate Contract which ~s attached to and made a part of th~s ordinance for all purposes,
for the purchase of 0 008 acre of land for the expansion of U S H~ghway 77 (Parcel 50)
SECTION II That the C~ty Manager ~s authorized to make the expenditures as set forth
~n the attached Real Estate Contract
SECTION III That th~s orchnance shall become effecUve ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED thxs the ~:~/~ dayof ~e.~/.~ , 1999
JAC~SfLLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVIED AS TO LEGAL FORM
HERBER~T L PROUTY, CITY ATTORNEY
BE4t% ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between E E WRIGHT,
JR AND E E WRIGHT, III (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 in and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Property"), together with any zmprovements, fixtures, and
personal property situated on and attached to the Property, for
the conslderatzon and upon and subject to the terms, provzslons,
and conditions hereinafter set forth Seller shall pay all cost
for the removal, installation, construction, relnstallat~on,
reconstructzon, labor and materzals for any and/or zmprovements
located wzthln the property described in Exhibit "A" Any
improvements not removed by April 1, 1999 shall become property
of the City of Denton, Texas
PURCHASE PRICE
1 Amount of Purchase Przce The purchase price for the
Property shall be the sum of $500 00
2 Payment of Purchase Price The full amount of the
Purchase Przce shall be payable zn 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 wazved in
whole or in part by Purchaser at or prior to the closing
1 Preliminary Tztle Report Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the T~tle Company (hereinafter defined) to issue a
owners policy commItment (the "Commitment") accompanied by copzes
of all recorded documents relatmng to easements, rights-of-way,
etc , affectmng the Property. Purchaser shall give Seller
wrmtten notmce on or before the expmratlon of ten (10) days after
Purchaser recemves the Commitment that the condition of title as
set forth mn the Commmtment ms or ms not satisfactory In the
event Purchaser states the condition of tmtle zs not
satmsfactory, Seller shall, at Seller's option, promptly
undertake to elmmmnate or modify all unacceptable matters to the
reasonable satmsfactlon of Purchaser In the event Seller ms
unable to do so wmthmn ten (10} days after recezpt of wrmtten
notice, this Agreement shall thereupon be null and void for all
purposes, otherwise, thms condition shall be deemed to be
acceptable and any ob3ectlon 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 lmcensed Texas land surveyor acceptable to Purchaser The
survey shall be staked on the ground, and shall show the locatmon
of all improvements, highways, streets, roads, railroads, rivers,
creeks, or other water courses, fences, easements, and rights-of-
way on or ad]acent to the Property, if any, and shall contamn the
surveyor's certlfmcatlon that there are no encroachments on the
Property and shall set forth the number of total acres comprlsmng
the Property, together with a metes and bounds descrlptmon
thereof
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey ms
unacceptable, then Purchaser shall wmthln the ten (10) day
period, give Seller written notice of this fact Seller shall,
at Seller's optmon, promptly undertake to elmmznate or modify the
unacceptable portmons of the survey to the reasonable
satisfaction of Purchaser In the event Seller is unable to do
so wmthln ten (10) days after recempt of written notmce,
Purchaser may terminate thms Agreement, and the Agreement shall
thereupon be null and void for all purposes and the Escrow
Deposit shall be returned by the Tmtle Company to Purchaser
Purchaser's famlure to g~ve Seller this wrztten notice shall be
deemed to be Purchaser's acceptance of the survey
3 Seller's Complmance Seller shall have performed, ob-
served, and complmed wmth all of the covenants, agreements, and
conditions requmred by this Agreement to be performed, observed,
and complied with by Seller prmor to or as of the closing
AEE008FE PAGE 2
REPRESENTATIONS ~uND 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 in possession of any portion of the
Property as lessees, tenants at sufferance, trespassers or other
parties
2 Except for the prior actions of Purchaser, there is 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 belzef of Seller is any
such proceeding or assessment contemplated by any governmental
authorzty
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 w~thln the Property Such
toxic or hazardous wastes or materials include, but are not
l~mlted 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
Llabllzty Act (CERCLA), as amended
CLOSING
The closing shall be held at the off~ce of Dentex Title
Company on or before April 30,1999, or at such title company,
time, 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 State of Texas, actzng 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 lmens,
encumbrances, conditions, easements, assessments, and
restrictions, except for the following
AEE008 FE PAGE 3
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 Obligations here-
of; and
3 Any exceptmons approved by Purchaser
mn wrltmng.
B Deliver to Purchaser a Texas Owner's Polmcy of Tmtle
Insurance at Purchaser's sole expense, issued by Dentex
Title Company, Denton, Texas, (the "Tmtle Company"), or
such title company as Seller and Purchaser may mutually
agree upon, mn Purchaser's favor mn the full amount of
the purchase price, mnsurmng fee smmple title for the
State of Texas to the Property subject only to those
title exceptions listed in Closing Requmrements hereof,
such other exceptIons as may be approved mn wr~tmng by
Purchaser, and the standard prmnted exceptions contained
mn the usual form of Texas Owner's Polmcy of T~tle
Insurance, provided, however
1 The boundary and survey exceptions
shall be deleted if requmred by Purchaser
and ~f so requmred, the costs associated
wmth same shall be borne by Purchaser,
2 The exceptmon as to restr~ctmve cove-
nants shall be endorsed "None of Record",
3 The exceptIon for taxes shall be
lmmmted to the year of closmng and shall
be endorsed "Not Yet Due and Payable",
and
4 The exceptmon as to l~ens encumbermng
the Property shall be endorsed "None of
Record".
C Delmver to Purchaser possession of the Property on
the day of closing
2 Purchaser's Requmrements Purchaser shall pay the
consideration as referenced in the "Purchase Prmce" section of
thms contract at Closing mn mmmedlately available funds
AEE008FE PAGE 4
3 Closing Costs Seller shall pay all taxes assessed by
any tax collectmon authormty through the date of Closing Ail
other costs and expenses of closmng mn consummatmng the sale and
purchase of the Property not specifically allocated heremn shall
be pamd by Purchaser and Seller
REAL ESTATE COMMISSION
Ail obllgatmons 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 oblmgatlons hereunder or shall fall to consummate the
sale of the Property except Purchaser's default, Purchaser may
either enforce speclflc performance of this Agreement or
termmnate thms Agreement by wrmtten notmce 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 mn PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being mn default Seller may either enforce specmflc
performance of this Agreement, or terminate this Agreement by
written notice delmvered to purchaser
MISCELLANEOUS
1 Assmgnment of Agreement This Agreement may be assigned
by Purchaser without the express wrmtten consent of Seller
2 Survival of Covenants. Any of the representations, war-
rantmes, covenants, and agreements of the parties, as well as any
rights and benefits of the parties, pertamnlng to a period of
time followmng the closmng of the transactions contemplated
hereby shall survmve the closmng and shall not be merged therein
3 Notmce Any notice requmred or permmtted to be delivered
hereunder shall be deemed received when sent by United States
mall, postage prepamd, certified mall, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the smgnature of the party
AEE008 FE PAGE 5
4 Texas Law to Apply This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable
in Denton County, Texas
5 Parties Bound This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement
6 Legal Construction In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, said ~n-
validity, illegality, or unenforceabillty 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 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 within subject matter
8 Time of Essence Time is of the essence in th~s
Agreement
9 Gender Words of any gender used ~n this Agreement shall
be held and construed to Include any other gender, and words ~n
the singular number shall be held to include the plural, and v~ce
versa, unless the context requires otherwzse
10 Memorandum of Contract Upon request of either party,
both parties shall promptly execute a memorandum of this
Agreement suitable for filing of record
11 Compliance In accordance with the requirements of the
Texas Real Estate License Act, Purchaser ~s hereby advised that
it should be furnished with or obtain a policy of title ~nsurance
or Purchaser should have the abstract covering the Property
examined by an attorney of Purchaser's own select~on
12 Time Limit In the event a fully executed copy of this
Agreement has not been returned to Purchaser w~thln ten (10) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the r~ght to terminate this Agreement
upon written notice to Seller
AEE008FE PAGE 6
SELLER PURCHAS ER
THE CITY OF DENTON, TEXAS
E E W~ght ,~,~z( M4'Wh ~ ~ Jey/fi
City Manager V --
~ ~ 215 E McKlnney
E E wr Denton, Texas 76201
STATE OF TEX3tS
COUNTY OF DENTON
T.h~4s- lnst.rument is acknowledged before me, on this ~day of
~ , 1999 by Jez, City Manager,
Michael
W
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
C~ty Council of the C~ty of Denton and that he executed the same
as the act of the sa~d C~ty for purposes and consideration
there~n expressed, and in the capacity ~here~n stated
JENNIFERK-~ALTERS ~he State of Texas
No~ P.bli¢ S~m
~ly ~mmmmn ~xpims
Decem~r 19, 2002
STATE OF TE~S
COUNTY OF DENTON
This instrument is acknowledged before me, on this /~ day of
~~, 1999 by E E Wrlqht,
~ ~ CI'NDY McNAMARA ~ Notary P~C ~n ahd for
~ [~ Notary Pubhc State of Texas ~ the Stat~ of Texas
~ ~1/ Commission ~p~res 6 20 20~
~LEE008FE PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
This mnstrument ms acknowledged before me, on this ~---- day of
, 1999 by E E Wright, III
//ta~ Public in an~for
~i~]O-N ~(P!R£$~ /t/he State of Texas
AEE008FE PAGE 8
EXHIBIT "A"
County Denton Page 1 of 1
H~ghwa¥ U.S. '/7
ProJect L~m~ts From I.H. 35 Rev October 5, 1994
TO U.S. 380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 5(3
BEING A PARCEL OF LAND SITUATED IN A CALLED 0 794-ACRE TRACT OF LAND CONVEYED TO BILL REED,
E E WRIGHT, JR, AND E E WRIGHT, Ill, RECORDED IN VOLUME 2227, PAGE 799, DEED RECORDS OF
DENTON COUNTY, TEXAS (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 at a fence corner post bmng the northeast corner of smd Wright tract, same bmng
a point on the south right of way Fine of Tahsferro Street,
THENCE N 89" 03' 54" W, along the south right of way line of Tahaferro Street and the north hne of said Wnght
tract, a d~stance of 129 95 feet to a set 5/8-inch ~ron rod w~th an aluminum cap, being the POINT OF BEGINNING,
same being a point on the new east right of way hne of U.S 77,
(1) THENCESO3°39'41"WoalongtheneweastnghtofwayhneofUS 77, a d~stance of 117 25
feet to a set E/'8-~nch ~ron rod with an aluminum cap, same being a point on the existing east right
of way line of U S 77,
(2) THENCE N O0° 47' 33" E, along the existing east nght of way hne of U S 77, a distance of
117 12 feet to s found nad, being the northwest corner of smd Reed tract, and said point bmng
on the ex~$tmg south nght of way hne of Tsliaferro Street,
(3) THENCE S 89° 03' 54" E, along a line common to said Reed tract and the south nght of way hne
of Tahaferro Street, a distance of 5 87 feet to the POINT OF BEGINNING, and containing 0 008
acre, or 344 square feet of land, more or less
EXHTBTT
Texas Department of Transportation
Porm D-15-14
PaS~ 1 of 3 R~v
DEED
~ STA~ OF ~ }
}
CO~ OF } KNOW ALL MEN BY T~SE PRESENTS:
That,
of the County of , State of Texas, hereinafter referred to as Grantors, whether
one or more, for and m consideration of the sum of
Dollars ($. ) to Grantors
m hand prod by the State of Texas, acting by and through the Texas Transportation Comnussion, recel~pt of
wluch Is hereby acknowledged, and for wluch no hen Is retained, either expressed or unphed, have this
day Sold and by these ~re.~ents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain
tract or parcel of land m County, Texas, more pamcularly described m Ex-
lubit "A," wluch m attached hereto and incorporated hereto for any and all purposes
SAVE and EXCEPT, HOWEVER, it Is expressly understood and agreed that Grantors are retaining
utle to the following unprovements located on the propen~ dascnbed m smd Exlubit "A," to wit.
Grantors covenant and agree to remove the above-dascnbed ~mprovcments from smd land by the
day of ,19 , subject, however, to such extensions of tune as may be granted
by the State' m writing, and ~f, for any reason, Grantors fad or refuse to remove same within smd period of
t~me prescribed, then, without any fimher consideral~on, the title to all or any part of such unpmvements
not so removed shah pass to and vest m the State of Texas forever
Grantors re.~erve ah of the o~1, gas and sulphur m and under the land hereto conveyed but waive all rights
of regress and egress to the surface thereof for the purpose of explonng, developing, mmmg or dnlhng for
same, however, notlung m tlus reservation shall affect the title and rights of the State to take and use all
other minerals and materials thereon, thereto and thereunder
Texas Department of Trnnspo~tton
Form D-I~-I4
Pase2o£3 Rev 9/91
TO HAVE AND TO HOLD the prewases hereto described and hereto conveyed together w~th all and
singular the rights and appurtenances thereto m any wtse belonging unto the State of Texas and ~ts assigns
forever, and Orantors do hereby brad ourselves, our he,rs, executors, adnumstrators, successors and as-
signs to Warrant and Forever Defend all and sm~dm- the smd prenuses hereto conveyed unto the State of
Texas and ~tz assigns against every person whomsoever lawfully chummg or to chum the same or any part
thereof
IN WITNESS WHEREOF, flus instrument ts executed on tlus the day of
,19
ACKNOWLEDGMENT
THE STATE OF TEXAS, } "
COUNTY OF }
BEFORE MI~, the undersigned, a Notn~'y Public, on this day personnHy appenred
, known to me (or proved
to me on the oath of , a credible witness,) to be the person(s) whose
name(s) is (mu) subscribed to the foregoing matmment and acknowledsed to me that he/she/they executed the same for the
purposes and consideration tl~n expressed
GIVEN UNDER MY HAND AND SBAL OF OFFICE, tl~s day of ,19
Nota~ Pubhc, State of Texas
My Comnmst~n ~ptms ea tim dayof ,19
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS, }
co OF }
B~O~ ~ ~ un~ni~, a No~ ~bHc, ~ ~ ~y ~o~y ~e~d
of , ~own to
me w ~ ~ ~n ~d offi~ wh~ ~e ~ ~ ~ ~ fo~go~g ~ent n~ ~l~g~ to mo ~ ~ ~e
w~ ~e act of ~e s~d , a co~omflon, ~t h~s~ w~
d~y ~ to ~ ~ s~ by ~p~ ~luu~ of ~ ~ of ~cm~ of ~ c~on ~ ~
~d ~ s~ m ~ a~ of m~ c~ f~ ~ ~ md ~d~m ~ e~ ~ ~ ~ ~i~
· e~ ~
O~ ~ MY ~ ~ S~ OF O~, ~s ~y of ,19
Notary Publ~, Stato of T~.as
My Commission expues on the day of ,19
Texas Depamuent of Transpomtion
Form D-I~-I4
Pase3o£$ IRaV 9/91
After recording please return this instrument to:
CERTIFICATE OF RECORDING
THE STA~E OF TEXAS, }
COUNTY OF }