1999-212AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND THE SALVATION ARMY, A GEORGIA CORPORATION, RELATING TO
THE PURCHASE OF 0 002 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY
77 (PARCEL 41), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, 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 The Salvation Army, A Georgia Corporation, in substantially the
form of the Real Estate Contract wluch is attached to and made a part of this ordinance for all
purposes, for the purchase of 0 002 acres of land for the expansion ofU S Highway 77 (Parcel
41)
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 ordinance shall become effective immediately upon its passage
and approval
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THI~~T OF SALE is made by and between the SALVATION
ARMY (~lnafter referred to as "Seller") and CITY OF DENTON,
TEXAS, a home rule munlclpal~ty, 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,
· ncludlng any right, t~tle and ~nterest 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 ~mprovements, f~xtures, 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, lnstallat~on, construction, re~nstallatlon,
reconstruction, labor and materials for any and/or ~mprovements
located w~thln the property described ~n Exhibit "A" Any
~mprovements not removed by JUNE 1, 1999 shall become property of
the C~ty of Denton, Texas
PURCHASE PRICE
1 Amount of Purchase Price The purchase price for the
Property shall be the sum of $250 00
2 pa_vment 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 ~n
whole or in part by Purchaser at or prior to the closing
1 p~zmznarv 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 t~tle as
set forth in the Commitment ~s 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 w~th 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 ~s 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
AEE008FE PAGE 2
3 ~eller's ComDlaance Seller shall have performed, ob-
served, and complied w~th all of the covenants, agreements, and
condat~ons required by th~s Agreement to be performed, observed,
and complied wath by Seller praor to or as of the closang
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representataons and warrantles shall be deemed
made by Seller to Purchaser also as of the closang date
1 There are no parties in possessaon of any portaon of the
Property as lessees, tenants at sufferance, trespassers or other
part~es
2 Except for the prior actions of Purchaser, there as no
pendang or threatened condemnataon or samalar proceeding or
assessment or suat, affecting tmtle 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 restractaons relatang 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
toxac or hazardous wastes or materaals include, but are not
llmated to, hazardous materials or wastes as same are defaned by
the Resource Conservataon and Recovery Act (RCRA), as amended,
and the Comprehensive Envaronmental Response Compensation and
Laabality Act (CERCLA), as amended
CLOSING
The closing shall be held at the offace of Dentex Tatle
Company on or before June 30,1999, or at such title company,
tame, date, and place as Seller and Purchaser may mutually agree
upon (which date is herein referred to as the "closang date")
AEE008FE PAGE 3
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 l~ens,
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,
2 Any exceptions approved by Purchaser
pursuant to Purchaser's Obllaatlons here-
of, and
3 Any exceptions approved by Purchaser
in writing
B Deliver to Purchaser a Texas Owner's Policy of T~tle
Insurance at Purchaser's sole expense, issued by Dentex
T~tle Company, Denton, Texas, (the "Title Company"), or
such t~tle company as Seller and Purchaser may mutually
agree upon, in Purchaser's favor in the full amount of
the purchase price, insuring fee simple t~tle for the
State of Texas to the Property subject only to those
title exceptions listed in ~loslna 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 ~f 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",
AEE008FE PAGE 4
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
3 ~ 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
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
AEE008FE PAGE 5
MISCELLANEOUS
1 ~gslanment of AGreement This Agreement may be assigned
by Purchaser without the express written consent of Seller
2 S~rvlval of Covenants Any of the representations, war-
rant~es, covenants, and agreements of the part~es, as well as any
r~ghts and benefits of the parties, pertaln~ng 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 ~otIce Any notice requmred 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 s~gnature 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 obligations of the parties created hereunder are performable
in Denton County, Texas
5 ~ This Agreement shall be binding upon and
~nure to the benefit of the part~es and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by th~s Agreement
6 LeGal Construction In case any one or more of the pro-
visions contained ~n th~s Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, said ~n-
validity, illegality, or unenforceabil~ty 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
part~es respecting the within subject matter
8 T1 Time ~s of the essence in this
Agreement
AEE008FE PAGE 6
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 ~omDllance 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 T~me 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 ,~_~ , 1999
SELLER PURCHASER
THE SAL~ TION ARM' ~(~R~ ~ THE CITY OF DENTON, TEXAS
NAME ~ ON~A (X)O~ %~0~4W~
TITLE CltyManager
215 E McKlnney
Denton, Texas 76201
A/CAPTAIN JACK WATKINS
AEE008FE PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
T~S instrument is acknowledged before me, on this /~'~ day of
~, 1999 by Michael W Jez, City Manager, of the City
o~ Denton, a municipal corporation, kno~ 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 C~ty
of Denton, Texas, a municipal corporation, that he was duly
authorized to perfo~ the same by approprlate ordinance of the
City Council of the C~ty of Denton and t~t he executed the same
as the act of the said C~ty for pu~ses and consideration
therein expressed, and in the capacity rein ated
I ~,~,, ANNFORSYTHE ~ Nota~ Public in ~d for
~,~'~'~ Nota~Publio,$ateofTexas ~ the State of Texas
~ ~)~/~., 3 My Commiielon Expires ~
STATE OF TEXAS
COUNTY OF DENTON
Thls instrument is acknowl, edged before me, on this ~ day of
~~~,S&-;;~ ~ /Notary PubliCan and for
~.~~~{~ the State of Texas
AEE008FE PAGE 8
EXHIBIT "A"
County Denton Page 1 of 1
H~ghway U S. 77
Project Limits From I.H. 35 Rev November 3, 1994
To
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 41
BEING A PARCEL OF LAND SITUATED IN A CALLED 2 90-ACRE TRACT OF LAND CONVEYED TO BAPTIST
MISSIONARY ASSOCIATION OF TEXAS, DEPARTMENT OF MISSIONS, INC, RECORDED IN VOLUME 2542,
PAGE 668, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING SITUATED IN THE B B 8 & C R R
SURVEY, ABSTRACT NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING for reference et s found 1/2-Inch ~ron rod for the southwest corner of said 2 90-acre tract, same
being a point on the existing north right of way line of Orr Street and on the ex,sting east ,gh! of way hne of
Bolivar Street,
THENCE S 86° 28' 17" E, along the south line of said 2 90-acre tract and existing north nght of way line of Orr
Street, a d~stance of 300 01 feet to a act S/8-~nch iron rod w~th an aluminum cap, being the POINT OF
BEGINNING and being a i}oint on the new waet right of way line of U S 77,
(1) THENCE N 42 o 01' 43" E, along the new west nght of way line of U S 77, a distance of 16 24
feet to a ~et 8/8-Inch iron rod with an aluminum cap, being on the eset line of said 2 90-acre
tract, on the existing west right of way line of U S 77 and being on a non-tangent circular curve
to the nght having a radius of 686 20 feet,
(2) THENCE southeasterly, w~th said curve to the right common to said 2 90-acre tract and ex~stmg
west right of way line of U S 77, through · delta angle of 01 o 04' 51 ", an arc distance of 12 85
feet, and having a chord which bears S 07° 29' 05" E, a distance of 12 95 feet to a point being
the southeast corner of said 2 90-acre tract from which a found 1/2-tach ~ron rod bears
$ 47° 55' 21 ' W, a distance of 2 36 feet, and said point being on the existing north right of way
line of Orr Street,
(3) THENCE N 88~ 28° 17" W, along a hne common to said 2 90-acre tract and ex~etmg north right
of way line of said Orr Street, e distance of 12 58 feet to the POINT OF BEGINNING, and
coctaimng 0 002 acre, or 80 square feet of land, more or less
John F Wilder, R P L S Date
Texas No 4285
EXHIBIT "A"
County Denton Page 1 of 1
Highway U.S. 77
Project Limits From I.H. 35 Rev November 3, 1994
To U.S.
CSJ 0195-0~-
Account
FIELD NOTES FOR PARCEL 41
BEING A PARCEL OF LAND SITUATED IN A CALLED 2.90-ACRE TRACT OF LAND CONVEYED TO BAPTIST
MISSIONARY ASSOCIATION OF TEXAS, DEPARTMENT OF MISSIONS, INC, RECORDED IN VOLUME 2542,
PAGE 568, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING SITUATED IN THE B B B & C R R
SURVEY, ABSTRACT NO 186, 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 southwest corner of sam 2 90-acre tract, same
bmng a point on the existing north right of way hne of Orr Street and on the exmtlng east right of way hne of
Bolivar Street,
THENCE S 86° 28' 17" E, along the south line of said 2.80-acre tract and existing north right of way line of Orr
Street, a dmtance of 300 01 feet to a set 5/8-inch iron rod with an aluminum cap, being the POINT OF
BEGINNING and being · point on the new west nght of way line of U S 77,
(1) THENCE N 42 o 01 ' 43" E, along the new west right of way line of U S 77, a distance of 16 24
feet to e act 5/8-Inch iron rod with an aluminum cap, being on the east I~ne of said 2 90-acre
tract, on the existing west right of way line of U S 77 and being on a non-tangent circular curve
to the right hawng a radius of 886 20 feet,
(2) THENCE southeasterly, w~th said curve to the right common to said 2 90-acre tract and exmtmg
west right of way line of U S 77, through a delta angle of 01 o 04' 51 ", an arc distance of 12 95
feet, and having a chord which bears S 07° 29' 05" E, a distance of 12 95 feet to a point being
the southeast corner of said 2 90-acre tract from which a found 1/2-inch ~ron rod bears
$ 47° 55' 21 ' W, a distance of 2 36 feet, and said 13olnt bmng on the existing north right of way
line of Orr Street,
(3) THENCE N 86° 28' 17" W, along a line common to said 2 90-acre tract and ex~stmg north right
of way line of said Orr Street, a distance of 12 58 feet to the POINT OF BEGINNING, and
containing 0 002 acre, or 80 square feet of land, more or less
John F Wilder, R P L S .,.... Date
Texas No 4285 ~_~