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 )