1999-172 O INANCE NO C/q-lq,g
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND JOANNA MCNARY RELATING TO THE PURCHASE OF 0 013 ACRES OF
LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 49), AUTHORIZING THE
EXPENDIq'URE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That the Cxty Manager ~s hereby authorized to execute a Real Estate
Contract between the Cxty and Joanna McNary ~n substantmlly 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 0 013 acres of land for the expansion ofU S H~ghway 77 (Parcel 49)
~ That the C~ty Manager ~s authorized to make the expenditures as set forth
in the attached Real Estate Contract
~ That th~s ordinance shall become effective ~mmed~ately upon ~ts passage
and approval
PASSED AND APPROVED thas the /~--/~ day of ~/'ff~/-~ , 1999
JA~'~LLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE ls made by and between JOANNA McNARY
(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS,
a home rule munIcipality, of Denton, Denton County, Texas,
(hereLnafter 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 sazd 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 subject to the terms, provisions,
and conditions hereinafter set forth Seller shall pay all cost
for the removal, installation, constructIon, relnstallatmon,
reconstruction, labor and materials for any and/or improvements
located within the property described in Exhibit "A" Any
improvements not removed by JUNE 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 $1,199 00
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 sub]ect to the satisfaction
of each of the following condltzons any of which may be waived 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 Title Company (hereinafter defined) to issue a
owners policy commitment (the "Commitment") accompanmed by copies
of all recorded documents relatzng 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 condltzon of title as
set forth in the Commitment is or zs not satisfactory In the
event Purchaser states the condition of tztle 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, razlroads, 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
perzod, 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 T~tle Company to Purchaser
Purchaser's failure to give Seller this written notzce 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
AEE008 FE PAGE 2
REPRESENTATIONS A_ND 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
Liability Act (CERCLA), as amended
CLOSING
The closing shall be held at the off~ce of Dentex Title
Company on or before June 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, acting by and through the
Texas Transportation CoIr~ralSslon a duly executed and
acknowledged Deed in the form as attached hereto as
Exhibit "B" conveying 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 closzng 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 subject 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 Polzcy 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
th~s contract at Closing in immediately available funds
AEE008FE PAGE 4
3 Closznq Costs Seller shall pay all taxes assessed by
any tax collectzon authormty through the date of Closzng 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
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 faml to consummate the
sale of the Property except Purchaser's default, Purchaser may
e~ther enforce speczflc performance of thzs 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 obllgatmons 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
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 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
zn 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 zn-
validity, illegality, or unenforceablllty shall not affect any
other provlszon hereof, and this Agreement shall be construed as
if the invalid, illegal, or unenforceable provision had never
been contained herein
7 Prior Agreements Superseded Thzs 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 this
Agreement
9 Gender Words of any gender used in th~s 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 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
zt should be furnished with or obtain a policy of t~tle 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 th~s Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller
AEE008 FE PAGE 6
SELLER PURCHASER
MlchaeF~f,9' /Je~' "/-
City Mana~erg
215 E M~Kmnhey
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
Thl~Jtnstrument is acknowledged before me, on this /~day of
-/~/~42~ , 1999 by Michael W Jez, City Manager, of the Czty
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 pu.~poses and consideration
therein expressed, and in the capaclty/therel~tated ~/
~ i,~; ~-~ANN FORSYTHE
~ ~ ~ ~J; uyc~,,~ the State of Texa~
STATE O~ TEXAS
COUN?¥ OF DENTON
ls instrument is acknowledged before me, on this 15 day of
~ ! , 1999 by Joanna McNary
Notary P~llc in and for
the State of Texas
AEE008FE PAGE 7
EXHIBIT 'A'
County Denton Page 1 of 1
H~ghway U.S. 77
Project Limits' From I.H. ~35 Rev October 27, 1994
To U.S,
CSJ 0195-O2-
Account
FIELD NOTES FOR PARCEL 49
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JAMES W OWENS, RECORDED
IN VOLUME 823, PAGE 264, 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 referenoe at a found 5/8-Inch iron rod for the northwest corner of said Owens tract, same
being a po,nt on the ex;sting south right of way line of Taliaferro Street,
THENCE S 86° 05' 16" E, along the existing south right of way line of Tal,afsrro Street and north property line
of ea~d Owens tract, e distance of 74 70 feet to a set 5/8-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 86° 0E' 16" E, along a line common to said Owens tract and said street, a distance
of 25.30 feet to a point, being the northeast corner of sa,d Owens tract, and said point being on
the existing west right of way line of U S. 77,
(2) THENCE S 03° 54' 44" W, along a hns common to aa,d Owens tract and existing west right of
way line of U S 77, · distance of 75 00 feet to · found 1/2-~nch iron rod for the southeast corner
of aa~d Owens tract;
(3) THENCE N 88° 00' 20' W, along the south line of sa~d Owens tract, a distance of 4 88 feet to
a point on the new west right of way line of U S 77, from which a found 1/2-inch iron rod being
the northeast comer of s 0 280-acre tract of land conveyed to G~braltar Trust, recorded in
Volume 1687, Page 506, DRDCT, bears N 88° 00' 20" W, a distance of 0 23 feet;
(4) THENCE N 03 o 39' 41" E, along the new west nght of way hne of U S 77, a d~etance of 55 63
feet to a set 5/8-Inch rod with an aluminum cap,
(5) THENCE N 42° 19' 0S" W, along the new west right of way hne of U S 77, a distance of 28 23
feet to the POINT OF BEGINNING, and containing 0 013 acre, or 562 square feet of land, more
or leas
John F Wilder, R.P L S Date
Texas No 4285