Loading...
1999-080 oRDrNANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOE BRYON PENNINGTON, RELATING TO THE PURCHASE OF 0 008 ACRE OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 51), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Joe Bryon Penmngton, in substantially 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 ofU S Highway 77 (Parcel 51) SECTION II That the City Manager is authorized to make the expenditures as set forth ~n the attached Real Estate Contract SECTION III That this ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED ttus the 1:>O/10~ day of ~)-r~'~, , 1999 JACK~L-/LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY AI~VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY RF.%LESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between JOE BRYON PENNINGTON (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 ad]acent 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 improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and sub]ect to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, relnstallatlon, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A" Any improvements not removed by April 30, 1999 shall become property of the City of Denton, Texas PURCHASE PRICE 1. A/nount of Purchase Price The purchase price for the Property shall be the sum of $656 00 2 Payment of Purchase Price The full amount of the Purchase Price shall be payable mn cash at the closing PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummat~ 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 Title Report Within twenty (20} days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter d~flned) to issue a owners policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-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 title as set forth in the Commitment is or is not satisfactory In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser In the event Seller is unable to do so within ten (10) days after receipt of written notice, this 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 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 improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent 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 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 is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this 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 within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey 3 Seller's Compliance Seller shall have performed, ob- served, and complied 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. AEE008FE PAGE 2 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 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 belief of Seller is any such proceeding or assessment contemplated by any governmental authority 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 within the Property Such toxic or hazardous wastes or materials include, but are not limited 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 L~ablllty Act (CERCLA), as amended CLOSING The closing shall be held at the office of Dentex Title Company on or before April 30, 1999, or at such t~tle 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, 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 AEE008FE 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 Obllgatzons 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 title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, lnsurmng fee smmple title for the State of Texas to the Property sub]ect only to those title exceptions listed in Closzng Requirements 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 1. 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 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 Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds AEE008FE PAGE 4 3. Closing Costs. 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 paid by Purchaser and Seller REAL ESTATE COMMISSION Ail 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 notice 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 speclflc performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser MISCELLANEOUS 1 Assignment of Agreement 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 parties, as well as any rights and benefits of the parties, pertainIng to a per~od of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein 3 Notice Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United 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 signature of the party AEE008FE 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 in- validity, illegality, or unenforceablllty 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 sub]ect matter 8 Time of Essence Time is of the essence in thls Agreement 9. Gender Words of any gender used in th~s 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 vice versa, unless the context requires otherwise 10 Memorandum of Contract. Upon request of e~ther party, both parties shall promptly execute a memorandum of th~s Agreement suitable for filing of record 11. Compliance In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection 12 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 Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. AEE008FE PAGE 6 SELLER PURCHASER THE CITY OF DENTON, TEXAS M~fc~n ~& i W Se City Man~er'~ ~ 215 E McKlnney Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this ~day of ~ , 1999 by Michael W Jez, City Manager, of the City o~ 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 City Council of the City of Denton and that he executed the same as the act of the sa~d City for purposes and consideration there~n expressed, and ~n the capacity there~n stated ]l~ Nomu P.bllc S~m of T~x.s ]l~ hlyC~mmmsmnExplms ~he State of Texas STATE OF TE~S COUNTY OF DENTON F~nstrument is acknowledged before me, on this ~ day of ~ , 1999 by Joe Bryon Penn~ngton N~t~ Pdb~c ~n and ~or .r~ ROGER N Wll KIN~0N ~ (~(~) NotaryPubhc stateotr~xa~ ~ the State of Texas ;~ %~/ My Comm]qslon Exr,,res~.ZT.~ ~.EE008 FE PAGE 7 EXHIBIT 'A' County Dentnr1 H~ghws¥ U.S. 7'7 Page 1 of I Project Emits From ~ Rev October E, 1994 To cs J, Account FIELD NOTES FOR PARCEL 51 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JOE BRYON PENNINGTON, RECORDED IN VOLUME 974, PAGE 552, 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 found ll2-1nch iron rod being the northwest comer of said Pennlngton tract and the southwest Comer of s O.280-acre tract of land Conveyed to Gibraltar Trust, recorded in Volume 1687, Page 500, DRDCT; THENCE S 880 O0' 20' E, along the common property line of satd Pennington tract and said Gibraltar Trust tract, a distance of 1S0,ES feet to a est 8/8-inch iron rod w~th an aluminum cap, being the POINT OF BEGINNING, same being a point on the new west right of way line of U S 77, (1) THENCE S 88° 00' 20" E, along the north line of said Pennlngton tract, a distance of 5.58 feat tO · found 1/2-Inch iron rod for the northeast corner of said Penmngton tract, same being a po.hr on the existing west right of way line of U.S 77, (2) THENCE S 03° 12' 21 · W, along a line common to said Pennington tract and existing west right of way line of U S 77, a distance of 69 96 feet to a found 1/2-inch iron rod, being the southeast corner of said Pennlngton tract and the northeast corner of a tract of land conveyed to Warren A Searle and wife, Barbara M. Searle, recorded in Volume 789, Page 272, DRDCT, (3) THENCE N 88° 26' 18" W, along e line common to said Pennlngton tract and sa~d Searle tract, a distance of E 88 feet to a set S/8-1nch iron rod w~th an aluminum cap, being on the new west right of way line of U.S 77, and said point being in s non-tangent circular curve to the nght, having a radius of 11489.18 feet; (4) THENCE northeasterly, along the new west right of way hne of U S 77 and said curve to the right, through a delta angle of 00° 17' BT", an arc distance of 60 01 feet, and hawng a chord which bears N 03° 29' 31" E, a distance of 60 01 feet to the POINT OF BEGINNING, and containing 0.008 acre, or 348 square feet of land, more or less · ....... :.... Texas No 4285 ~"~'"~"; ....... Date Texas Department of TnmspomU/en EXHIBIT Form D-15-14 Paselof3 Rev 9/91 DEED THE STATE OP THXAS } } COUNTY,OF } KNOW ALL MEN BY THESE PRESENTS: of the County of , State of Texas, hereinafter referred to as Grantors, whcthcr one or more, for and in consideration of the sum of W~y~C~' " Dollars ($ ) to Oranto/s a paid .by the. Sta~ o.fT?as, actms b~, and threugh the Texas Transportation Commission, receipt of ~.ne~. ?y ..a?mowieale~,.and~ for wh/ch no lien is ~tamed, either expressed or unphed, have this om vr~a.oy..roes? presents do ~rant, Bargain, Sell and Convey unto the State of Texas all that certain ~tt ,o,r~p,~ _o~t lana m. . . County, Texas, more pamculafly described In Ex- A, wmcn m attacnea hereto and mcorpurated herein for any and all proposes SAVE and~ EXCEPT, HOWEVER, It is expressly understood and agreed that Grantors are retammg atle to the following hnproveme~ts located on the property described in smd Exhtb~t "A," to wit. Grantors covenant and agree to remove the above-dascnbed unprovements from satd land by the day of ~ ,19 , subject, however, to such extensions of tune as may be granted by the Statelin wining; .m.d if, for any reason, Grantors fad or refuse to remove same within smd period of tune prescribed, then, without a~.y .fu~th. er cons~deradon, the ufle to all or any part of such Improvements not so removed shall pass to and vest m the State of Texas forever ~r~ngtOrs res .~'ve all of the off, gas and sulphur m and under the land hereto conveyed b~.t waive all rights .tess aha egress to the surface thereof for the purpose of explonng, developing, mmmg or c~ll!ag for same, however, nothing in th~s reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder T~r, as D~pmmont of Tmnspomtion Form Pa~2of3 R~v 9~1 TO ~VE ~m~ ~ ~ md ~~ ~mm m ~ w~ ~gmg ~to ~ S~s~ ofT~ ~d ~m msi~ vet, ~d s~ to W~t ~d F~er ~d ~ ~d ~!~r ~ s~ ~s ~m convey~ ~to ~e ~t~e of ~e~d iu msi~ ag~t ev~ ~ w~v~ ~y ~ ~ to ~ ~ s~ or my p~ ~ ~55 ~OF, ~ ~t h ~e~t~ ~ th~S ~ day of ,19 ACKNOWLEDGMENT THE STATE OF TEXAS, ! '. coulcry OF ! BI.ORE ~ lbo undersigned, a Notary Public, on figs day pe~onally appea~d , known to me (or proved to m~ on tl~ oath of , a cl~dible witness,) to be the person(s) whose name(s) is (a~) sub. riled to th~ fomsoing tnmummt mi acknowl~s~d to me that he/sl~./they ex~ut~d ~1~ same for the OIVI~/UNDER MY HAND AND SEAL ON OFFICIt, this day of ,19 Notary Publio, Sram of Toxas CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, ! BBPORE ~ tl~ undersigned, ~ No~ of , ~O~ to me m ~ ~ ~ ~ Offi~ ~ ~ ~ m ~ f~g ~ont ~ ~lM~ to ~ ~ ~e d~y ~ ~ ~ ~ ~ by G~ ~ MY ~ ~ S~ OF O~, ~s ~y of ,19 Nom~ Publio, $mo o~ T~.~ My Comm!_~j_on ~ on ~he day of ,19 T~.es Depmmeat o~ Tnm~pomtio~ Form D-15-14 Pa$~3of3 l~v 9/91 After reeordfng please return thfs fnstrument to: CERTIFICATE OF RECORDING THE STATE OF TEXAS, ) COUNTY OF )