1999-124 O= ANCE NO gq- ¢
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND CHARLES R JACKSON RELATING TO THE PURCHASE OF 0 156
ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 24),
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTWE 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 Charles R Jackson, in substantially the form of the Real Estate
Contract which is attached to and made a part of this ordinance for all purposes, for the purchase
of 0 156 acres of land for the expansion ofU S Highway 77 (Parcel 24)
SECTION II That the City Manager is authorized to make the expenditures as set forth
in the attached Real Estate Contract
SECTION III That this orthnance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the ~fl)O._ day of (f'~rl/tfi~.t ~ ,1999
JA~A(vlILLER, MAYOR
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 CHARLES R
JACKSON (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
r~ghts 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 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. Purchaser 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 May 1, 1999 shall become property of
the City of Denton, Texas.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of $9,814.00 net, excluding taxes,
liens, judgements, penalties and/or interest.
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 Title Report. W~th~n twenty (20) days after
the date hereof, Purchaser, at Purchaser's sole cost and expense,
shall have caused the Title Company (hereinafter defined) 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 CoU~mltment that the
condition of title as set forth ~n the Commitment is or is not
satisfactory. In the event Purchaser states the condltlon of
title is not satisfactory, Purchaser shall, at Purchaser's
option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser.
In the event Purchaser is unable to do so w~thln ten (10) days
after receipt of written not~ce, th~s Agreement shall thereupon
be null and void for all purposes; otherwise, this condition
shall be deemed to be acceptable and any ob3ect~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 l~censed Texas land surveyor acceptable to Purchaser. The
survey shall be staked on the ground, and shall show the location
of all lmprovements, highways, streets, roads, railroads, rivers,
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 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 w~thln the ten (10) day
period, g~ve Seller written notice of th~s fact. Purchaser shall,
at Purchaser's option, promptly undertake to eliminate or modify
the unacceptable portions of the survey to the reasonable
satisfaction of Purchaser. In the event Purchaser ~s unable to
do so w~th~n ten (10) days after receipt of written notice,
Purchaser may terminate th~s Agreement, and the Agreement shall
thereupon be null and vold for all purposes and the Escrow
Deposit shall be returned by the Title Company to Purchaser.
Purchaser's failure to give Seller th~s written not~ce 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.
REPRESENTATIONS AND W/~qPJ~NTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
AEE008FE PAGE 2
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. To the best of the seller's knowledge, 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 materlals or wastes as same are defined by
the Resource Conservation and Recovery Act (RCRA), as amended,
and the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA), as amended.
CLOSING
The closing shall be held at the office of Dentex Title
Company on or before May 28, 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, acting by and through the
Texas TransDortatlon CommissIon a duly executed and
acknowledged Deed in the form as attached hereto as
Exhlblt ~B" conveylng 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;
AEE008FE PAGE 3
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Purchaser to obtain a Texas Owner's Policy of Title
Insurance at Purchaser's sole expense, Issued by Dentex
T~tle Company, Denton, Texas, (the "T~tle 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, insuring fee simple title for the
State of Texas to the Property subject only to those
t~tle exceptions listed in Closln~ Requirements hereof,
such other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions contained
· n the usual form of Texas Owner's Policy of Title
Insurance, provided, however:
1. The boundary and survey exceptions
shall be deleted ~f 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
l~mlted 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.
3 Closln~ Costs Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing. All
other costs and expenses of closing in consummating the sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser.
AEE008 FE PAGE 4
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 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 specific
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
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 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.
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 b~ndlng 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.
AEE008FE PAGE 5
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
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 part~es and supersedes any
prior understandings or written or oral agreements between the
parties respecting the within sub3ect matter.
8 Time of Essence. Time is of the essence in this
Agreement.
9. Gender. Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words
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 either party,
both part~es 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 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.
DATED this ~ day of ~,0~k~ , 199~ .__
THEy~~~h~i~~CITY OF DENTON, TEXAS
B ~lch~el
C 1 t ~Man~g~e~;'
215E. McKlnney
Denton, Texas 76201
AEE008FE PAGE 6
STATE OF TEXAS
COUNTY OF DENTON
ThAs instrument is acknowledged before me, on this ~ day of
~ , 199~ by Michael W. Jez, City Manager, 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
City Council of the City of Denton and that he executed the same
as the act of the said City for purposes and consideration
therein expressed, and in the capacity therein ~t~ed.
and for
~ ~ .... MA~ ]~ 2~] ~ the State of Texas
STATE OF TEXAS
COUNTY OF DENTON ~
Tk~S instrument is acknowledged before me, on this ~-- day of
~, 199__ by CHARLES R. JACKSON
~~N ~ Notary [mubllc in and for
~/~;~ No~O~?u~ll¢ ~ the State of Texas
A~ES08FE PAGE 7
EXHIBIT 'A"
County Denton Page I of 1
Highway U.S. 77
ProJect L]m~ts From I.H. 3B Rev November 28, 1994
To U.S. 3SO
CSJ
Account
FIELD NOTES FOR PARCEL 24
BEING A PARCEL OF LAND SITUATED IN A CALLED 0.818-ACRE PARCEL OF LAND CONVEYED TO CHARLES Fi
JACKSON, RECORDED IN VOLUME 1556, PAGE 214, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT),
AND BEING SITUATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO 810, CITY OF DENTON, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a found 1/2-Inch iron rod for the northeast comer of a called 0 220-acra parcel
of land conveyed to Emoty D Groaning, recorded In Volume 898, Page 793, DRDCT, same being a pmnt on the
west property line of smd Jackson tract,
THENCE S 01 o 22' 39" E, along the east line of smd Groaning tract and west line of ae~d Jackson tract, a
d~stance of 125 86 feet to · sst E/8-inch iron md vv~t an aluminum cap being the POINT OF BEGINNING, same
being a point on the new north right of way line of U.S. 77,
(1) THENCE S 58° 11' 36" E, along the new north right of way line of U.S 77, a distance of
198 25 feet to a set PK nail with shiner on the east line of said Jackson tract being near the
cantarllne of Rlney Road;
(2) THENCE S 26° 39' 28" ~, with the east line of said Jackson tract and the canterhne of smd
R~ney Road, a distance of 61 45 feet to a po,nt being the southeast comer of smd Jackson tract,
same being a point on the existing north right of way line of U S 77,
(3) THENCE N 58° 02' 39' W, with the south line of said Jackson tract, and the ex~et~ng north nght
of way line of U.S 77, a distance of 230.00 feet to a found 1/2-inch Iron rod for the southwest
corner of smd Jackson tract and bmng the southeast comer of smd Groaning tract,
(4) THENCE N 01 o 22' 39' W, with the line common to said Jackson tract and said Groaning tract,
a d~stanca of 37.69 feet to the POINT OF BEGINNING and contmmng 0.156 acre, or 6,807 square
feet of land, of which 1207 square feet resides in the prescriptive right of way of Riney Road,
more or less,
John F Wilder, R.P.L S Date
Texas No 4285