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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 }