1999-144 NO qg-//-/.9'
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND LINWOOD ROBERSON AND EULA BELL ROBERSON RELATING TO
THE PUI~CHASE OF 0 054 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY
77 (PARCELS 56 AND 57), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR,
AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF TI-IE CITY OF DENTON, TEXAS HEREBY ORDAINS
S]~CTION I That the City Manager is hereby authorized to execute a Real Estate
Contract between the City and Lmwood Roberson and Eula Bell Roberson, in substantially the
form of the Real Estate Contract wtuch is attached to and made a part of this ordinance for all
purposes, for the purchase of 0 054 acres of land for the expansion ofU S Highway 77 (Parcels
56 & 57)
SECTION II That the City Manager ~s anthonzed to make the expenditures as set forth
~n the attached Real Estate Contract
~ That tins ordinance shall become effective xmmedlately upon ~ts passage
and approval
PASSED AND APPROVED this theo~0 [/"day o f ~~2 ,1999
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 LIN-WOOD JOHN
ROBERSON AND EULA BELL ROBERSON (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", (Parcels 56 & 57)
attached with all rights and appurtenances pertaining to the said
property, including any right, title and interest of Seller in
and to ad3acent streets, alleys or rights-of-way (all of such
real property, 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 sub3ect 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 1, 1999 shall
become property of the City of Denton, Texas Access to each lot
shall be as described in letters from TX. DOT dated February 25,
1999 with illustration of driveway locations, said letters with
illustrations are attached for reference.
PURCHASE PRICE
1 Amount of Purchase Price. The purchase price for the
Property shall be the slkm of $4,000.00, (to be distributed to
lien holders, in proportion to the property being released from
each lot, for partial releases of liens as requested by the
seller and lien holders)
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 subDect 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 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 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 ob]ectlon 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 encroaclunents 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 notzce,
Purchaser may termznate 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 part~es in possession of any port~on of the
Property as lessees, tenants at sufferance, trespassers or other
part~es.
2. Except for the prior actions of Purchaser, there ~s 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 ~s 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 w~th~n the Property. Such
toxic or hazardous wastes or materials include, but are not
l~m~ted 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
Liability Act (CERCLA), as amended.
CLOSING
The closlng shall be held at the off~ce of Dentex T~tle
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 Transportation CommissIon a duly executed and
acknowledged Deed in the form as attached hereto as
Exhibit '~B" conveylng good and marketable t~tle 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 Obligations 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, insuring fee simple title for the
State of Texas to the Property sub3ect only to those
title exceptions listed in Closing 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. 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
REAL ESTATE COMMISSION
All obligations of the Seller and Purchaser for payment of
br~kers' 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 th~s 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 th~s Agreement by
written not~ce 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 period of
time following the closing of the transactions contemplated
hereby shall survive the closing and shall not be merged therein
3. Not~ce. Any not~ce required or permitted to be delivered
hereunder shall be deemed received when sent by Un~ted 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 ~n accordance with the laws of the State of Texas, and
all obllgat~ons of the part~es created hereunder are performable
in Denton County, Texas.
AEE008FE PAGE 5
5. Parties Bound. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, admlnlstrators, 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 subject 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 in
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 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 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
SELLEi{ PURCHASER
THE~CITY~OF DENTON, TEX/~
LlnWOO J~ohn l{oberson
Mi'c~ael W. /~e~/' ~
~YE~a~no~
~ ~ ~~~ ~ Denton, Texas 76201
~dla Bell Rob~rson
STATE OF TEXAS
COUNTY OF DENTON
Thl ln~s~ ent~l~S..ackn, owl. edged before me, on thl~/~ day of
~' mlu~l~aYl McloCn~oerla~l'onJ~e Zk'noCwlnt YtoMamneagjj 'be° fthteh~eCr~otny
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
therezn expressed, and in the capacity th, ereln stated.
.......
!15 NomuP,lhl~cS~a~ofF:x~ ~he State of Texas
D~c~mb~r ~, ~00~
STATE OF TEXAS
COUNTY OF DENTON
Th~s instrument is acknowledged before me, on this /~'~ day of
.~,,~ 1999 by Llnwood John Roberson and Eula Bell Roberson.
~0~'~ , , N0t~'~56blic in and for
,'~?,'~,, ~ the State of Texas
7. Z7-
AEE008FE PAGE 7
Texas Department of Transportation
2624 W PRAIRIE · DENTON, TEXAS76201-5117 · (940) 387 1414
February 25, 1999
Control 0195-02-040 "-~-~~~ ~ ~ ~ ~i:il
H~ghway US 77 ~ I ~
Froru IH 35 Nm~h of Denton
To US 380
County Denton
C~ty of Denton
Attn Paul Wflllamson
221 N Elm
Denton, Texas 76201
Dear Ivh Wflhamson
Your request for a drive approach to Parcel Nuruber 56 is approved on the following condmon
That all parts of entrances, and ex~ts on h~ghway right-of-way, including the radii, shall be
confined w~thm the grantee s property frontage
In addition, because an access currently exists at th~s location, th~s will be included m the plans
and made part of the cost of the h~ghway widemng project
If you have any questions, please contact Idemud~an E Udabor, P E at (940) 387-1414
S~ncerely,
Claud P Elsoru III, P E
A~ea Enginee~
Attachment~
IEU
An Equal Oppo~tn~ty Er~plo~er
Texas Department of Transportation
2624W PRAIRIE · DENTON, TEXAS76201 5117 · (940) 3871414
February 25, 1999
Control 0195-02-040
Highway US 77
From IH 35 North of Denton
To US 380
County Denton
City of Denton
Attn Paul Wflhamson
221 N Elm
Denton, Texas 76201
Dear Mr Wflhamson
Your lecluest for a drive approach to Parcel Number 57 is approved on the following condition
That all parts of entrances and exits on highway right-of-way, including the radn, shall be
confined within the grantee's property frontage
In ad&t~on, because an access cunently exists at this location, this will be included in the plans
and made part of the cost of the highway widening pioject
It you have any questtons, please contact Idemuchan E Udabor, P E at (940) 387-1414
Sincerely,
Claud P Elsom
Ar~a Engineer
Attachments
IEU
An Equal Opporlunlt¥ Employer
EXHIBIT "A"
CounW Denton Page 1 of 1
H~ghway U.S. 77
Project IJm~ta From I.H. 35 Rev October 5, 1994
To U.S. 380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 56
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO LINWOOD JOHN ROBERSON AND
WIFE, EULA BELL ROBERSON, RECORDED IN VOLUME 788, PAGE 380, DEED RECORDS OF DENTON COUNTY,
TEXAS (DRDCT), SAME BEING PART OF LOT 4 AND LOT 5 OF BLOCK 1 OF THE J L MERCER ADDITION,
RECORDED IN VOLUME 142, PAGE 301, DRDCT, BEING SITUATED IN THE N H MEISENHEIMER SURVEY,
ABSTRACT NO 811, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a fence corner for the northeast corner of ea~d Roberson tract and the southeast
corner of a tract of land conveyed to John C Johnson, recorded m Volume 1936, Page 899, DRDCT,
THENCE N 87° 23' 12' W, along the north hna of said Robereon tract and the south hne of sa~d Johnson tract,
a d~stance of 159.53 feet to a set 5/8-tach iron rod w~th an aluminum cap, bemg the POINT OF BEGINNING, same
bemg a point on the new east nght of way line of U S 77, and being ~n a non-tangent c~rcular curve to the left
hawng a radius of 11429.16 feet,
(1) THENCE eouthwesterly, along the new east right of way hne of U S 77 and said curve to the left,
through a delta angle of 00° 19' 51 ", an arc distance of 65 00 feet, and having e chord which
bears S 02° 06' 37' W, a d~stance of 66 00 feet to a set 5/8-inch ~ron rod with an aluminum cap,
se~d point being on the south line of $a~d Roberson tract and north hne of a tract of land conveyed
to Paul W Duke, Trustee, recorded in Volume 2386, Page 131, DRDCT,
(2) THENCE N 87° 23' 12" W, along a line common to said Roberson tract and said Duke tract, a
d~stance of 17 81 feet to a point, being the southwest corner of said Roberson tract, and sa~d
point beIng on the existing east nght of way hne of U S 77,
(3) THENCE N 03° 49' 29" E, along a hne common to said Roberson tract and ex~stmg east right of
way hne of U S 77, a distance of 66 01 feet to a pomt, being the northwest corner of sa~d
Roberaon tract,
{4) THENCE S 87° 23' 12' E, along the north hne of $a~d Roberson tract, a d~etance of 15 83 feet
to the POINT OF BEGINNING, and contalmng 0 025 acre, or 1,108 square feet of land, more or
less
TexasJ~hn FNo~lder,4285R P L $ ~2 qE~ __~ ~_ ~.~.'.. ~ Date
EXHIBIT
County Denton Page 1 of 1
H~ghway U.S. 77
Project L~mits From ~ Rev October 5, 1994
To [JiS. 380
CSJ O195-02-
Account
FIELD NOTES FOR PARCEL 57
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO PAUL W DUKE, TRUSTEE,
RECORDED IN VOLUME 2386, PAGE 131, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), SAME
BEING PART OF LOT 4, BLOCK 1, OF THE J L MERCER ADDITION, RECORDED IN VOLUME 142, PAGE 301,
DRDCT, BEING SITUATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 811, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference at a fence corner being the southeast corner of sa~d Duke tract, same being a point
on the north property line of a tract of land with one-half interest conveyed to Ahce Ramsay Waddell, recorded
m Volume 1040, Page 755, DRDCT, and one-half interest conveved to Clave B Waddell, recorded in
Volume 1124, Page 203, DRDCT,
THENCE N 87° 23' 12' W, along the south hne of said Duke tract and the north line of said Waddell tract, a
distance of 157 28 feet to a set 5/8-~nch ~ron rod with an aluminum cap being the POINT OF BEGINNING, same
being a point on the new east right of way line of U S 77,
{1) THENCE N 87° 23' 12" W, along a hne common to sa~d Duke tract and smd Waddell tract, a
distance of 20.11 feet to a point, being the southwest corner of sa~d Duke tract, and said point
being on the existing east r~ght of way line of U S 77,
(2) THENCE N 03 ° 49' 29" E, along a line common to sa~d Duke tract and ex~st~ng east right of way
line of U S 77, a d~stanca of 66 01 feet to a point, being the northwest corner of ea~d Duke tract,
end southwest corner of a tract of land conveyed to IJnwood John Roberson and w~fe, Eula Bell
Roberson, recorded in Volume 788, Page 380, DRDCT,
(3) THENCE S 87~ 23' 12" E, along a I~ne common to sa~d Duke tract and sa~d Roberson tract, a
distance of 17 81 feet to a set 5/8-tach iron rod with an aluminum cap, being a point on the new
east right of way hne of U S 77, same being m a non-tangent circular curve to the left hawng a
radius of 11429.16 feet,
(4) THENCE southwesterly, along the new east r~ght of way hne of U S 77 and said curve to the left,
through a delta angle of 00° 09' 35", an arc distance of 31 86 feet, and hswng a chord which
bears S 01 e 51' 54" W, a distance of 31 88 feet to a set 5/8-Inch iron rod with an aluminum cap,
being the point of tangency,
{5) THENCE S 01 e 47' 07" W, a distance of 34 15 feet to the POINT OF BEGINNING, and containing
0 029 acre, or 1,250 square feet of land, more or less
John F W~lder, R P L S Date
Texas No 4285