1999-228 O ANCE NO qq-.g O
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND EVA ELAINE, INC, RELATING TO THE PURCHASE OF 0 662 ACRES OF
LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 29), 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 C~ty Manager m hereby authorized to execute a Real Estate
Contract between the C~ty and Eva Elmne, Ine, ~n substantmlly the form of the Real Estate
Contract which ~s attached to and made a part of tNs or&nance for all purposes, for the purchase
of 0 662 acres of land for the expanmon ofU S H~ghway 77 (Parcel 29)
SECTION II That the C~ty Manager ~s anthonzed to make the expenditures as set forth
~n the attached Real Estate Contract
SECTION III That tNs ordinance shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED AND APPROVED thls the /,~'~ dayof ~ ,1999
JAC~
ATTEST
JENNiFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE zs made by and between EVA ELAINE, INC
(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS,
a home rule municzpalzty, of Denton, Denton County, Texas,
(hereinafter referred to as "Purchaser"), upon the terms and
condztzons set forth herezn
PURCHASE ANDSALE
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 zn Exhibit "A" attached w~th all
rzghts and appurtenances perta~nzng to the sazd property,
· nclud~ng any rzght, title and anterest of Seller an and to
adjacent streets, alleys or r~ghts-of-way (all of such real prop-
erty, rights, and appurtenances being hereanafter referred to as
the "Property"), together with any improvements, fixtures, and
personal property sztuated on and attached to the Property, for
the consideration and upon and subject to the terms, provisions,
and condit~ons hereinafter set forth Seller shall pay all cost
for the removal, znstallat~on, constructaon, re~nstallat~on,
reconstruction, labor and materials for any and/or ~mprovements
located wzthzn the property described zn Exhzbzt "A" Any
· mprovements not removed by September 1, 1999 shall become
property of the City of Denton, Texas
PURCHASE PRICE
I Amount of Purchase Price The purchase przce for the
Property shall be the sum of $31,624 00
2 Payment of Purchase Price The full amount of the
Purchase Przce shall be payable ~n cash at the closang
PURCHASER'S OBLIGATIONS
The obl~gations of Purchaser hereunder to cons~,w~ate the
transactions contemplated hereby are subject to the satisfaction
of each of the following conditions any of whzch may be waived ~n
whole or ~n part by Purchaser at or prior to the closzng
i Prel~mlnar~ T~tle Report. W~than twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the T~tle Company (hereinafter defaned) to assue a
owners polacy commxtment (the "Coam=tment") accompanaedby oopaes
of all recorded documents relatang to easements, raghts-of-way,
etc , affectang the Property Purchaser shall gave Seller
written notice on or before the exp~ratLon of ten (10) days after
Purchaser reoeLves the Co---ltment that the condataon of tatle as
set forth Ln the Co---atment as or as not satisfactory In the
event Purchaser states the condat~on of t~tle Ks not
satasfactory, Seller shall, at Seller's optLon, pr~tly
undertake to elxmanate or modafy all unacceptable matters to the
reasonable satasfactaon of Purchaser In the event Seller as
unable to do so wathan ten (10) days after receipt of wratten
notace, thLs Agreement shall thereupon be null and voad 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 Surve~ Purchaser may, at Purchaser's sole cost and
expense, obtain a current survey of the Property, prepared by a
duly lLcensed Texas land surveyor acceptable to Purchaser The
survey shall be staked on the ground, and shall show the locataon
of all amprovements, hLghways, streets, roads, raalroads, ravers,
creeks, or other water courses, fences, easements, and rLghts-of-
way on or adjacent to the Property, af any, and shall contaan the
surveyorts certafLcatLon that there are no encroachments on the
Property and shall set forth the n~m~er of total acres comprLsang
the Property, together wath a metes and bounds descrLptLon
thereof
Purchaser wLll have ten (10) days after receapt of the survey
to review and approve the survey In the event the survey ~s
unacceptable, then Purchaser shall wathan the ten (10) day
per~od, gave Seller wratten notate of thas fact Seller shall,
at Seller's optLon, promptly undertake to eliminate or modify the
unacceptable portLons of the survey to the reasonable
satLsfactLon of Purchase= In the event Seller ~s unable to do
so withLn ten (10) days after receapt of wratten notace,
Purchaser may termanate thLs Agreement, and the Agreement shall
thereupon be null and void for all purposes and the Escrow
DeposLt shall be returned by the TLtle Company to Purchaser
Purchaser's faLlure to give Seller thLs wratten not~ce shall be
deemed to be Purchaser,s acceptance of the survey
3 Sellerts Compliance Seller shall have performed, ob-
served, and complaed wath all of the covenants, agreements, and
condltLons requLred by this Agreement to be performed, observed,
and complied wLth by Seller praor to or as of the closang
AEE008FE PAGE 2
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representataons and warrantaes shall be deemed
made by Seller to Purchaser also as of the closang date
1. There are no part~es an possession of any portaon of the
Property as lessees, tenants at sufferance, trespassers or other
partaes
2 Except for the prior actaons of Purchaser, there as no
pendang or threatened ccnd~mnataon or s~m~lar proceeding or
assessment or su~t, affecting tatle to the Property, or any part
thereof, nor to the best knowledge and belaef of Seller Ks any
such proceeding or assessment contemplated by any governmental
authority
3 Seller has complied wath all applacable laws, ordinances,
regulations, statutes, rules and restract~ons 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 wathan the Property Such
toxac or hazardous wastes or materials include, but are not
l~mated to, hazardous materaals or wastes as same are defaned by
the Resource Conservataon and Recovery Act (RCRA), as amended,
and the Comprehensive Environmental Response Compensataon and
Laab~lityAct (CERCLA), as amended
CLOSING
The closang shall be held at the efface of Dentex Tatle
Company on or before August 31, 1999, or at such tatle company,
tame, dete, and place as Seller and Purchaser may mutually agree
upon (which date Ks herein referred to as the "closang date")
CLOSING REQUIP~MENTS
i Seller's Requirements. At the closing Seller shall
A Deliver to State cf Texas, acting by and through the
Texas Transportation Co---%ssaon a duly executed and
acknowledged Deed an 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 l~ens,
enc"m~rances, conditions, easements, assessments, and
restrict~cns, except for the following
AEE008FE PAGE 3
i 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 Obla~ataons here-
of, and
3 Any exce~taons approved by Purchaser
B Delayer to Purchaser a Texas Owner's Polacy of Tatle
Insurance at Purchaser's sole expense, issued by Dentex
Title Company, Denton, Texas, (the "Tatle Company"), or
such title company as Seller and Purchaser may mutually
agree upon, an Purchaser,s favor an the full amount of
the purchase price, ansurang fee sample t~tle for the
State of Texas to the Property subject only to those
tztle exceptions lasted an Closzn~ Rec~uarements hereof,
such other exceptions as may be al~oroved an writing by
Purchaser, and the standard prLnted exceptions contained
an the usual fomm of Texas Owner's Polacy of TLtle
Insurance, provided, however
1. The boundary and survey exceptions
shall be deleted Lf requLred by Purchaser
and ~f so requLred, the costs assocaated
wLth same shall be borne by Purchaser,
2 The exceptLon as to restrlctave cove-
nants shall be endorsed "None of Record",
3 The exception for taxes shall be
lamited to the year of closLng and shall
be endorsed "Not Yet Due and Payable",
and
4 The exception as to l~ens enc-~erang
the Property shall be endorsed "None of
Record"
C Deliver to Purchaser possessaon of the Property on
the day of closLng
2 Purchaser's Rec~arements Purchaser shall pay the
oonsaderat~on as referenced in the "Purchase Prate" section of
thcs contract at Closing in mnm~diately avaalable funds
AEE008FE PAGE 4
3. Closan~ Costs Seller shall pay all taxes assessed
any tax collectaon authoraty through the date o£ ¢losang &ll
other costs and expenses of closang an consummatang the sale and
purchase of the Property not specafacally allocated herean shall
be paad by Purchaser
REAL ESTATE COmmISSION
All oblagataons of the Seller and Purchaser for payment of
brokers' fees are contained an separate wratten agreements
BREACH BY SELLER
In the event Seller shall faal to fully and tamely perform
any of its oblagataons hereunder or shall faal to cons~---~te the
sale of the Property except Purchaser's default, Purchaser
eather enforce specafic performance of th~s Agreement or
termLnate this Agreement by wrLtten notace delavered to seller
BREACH BY PURCHASER
In the event Purchaser should faa1 to cons,,---~te the purchase
of the Property, the conditions to Purchaser's oblagatLons set
forth in PURCHASER'S OBLIGATIONS having been satLsfLed and
Purchaser beLng in default Seller may eather enforce specLfLc
performance of this Agreement, or termanate thcs Agreement by
wratten notLce delLvered to purchaser
MISCELLANEOUS
i AssL~nment of A~reement Thcs ~reement may be assLgned
by Purchaser without the express wratten consent of Seller
2 SurvLval of Covenants Any of the representataons, war-
rantaes, covenants, and agreements of the partaes, as well as any
rLghts and benefLts of the partaes, pertaanang to a peraod of
t~me followang the closing of the ~ransactLons contemplated
hereby shall survLve the closing and shall not be merged thereln
3 Notice. Any notice required or permatted to be delavered
hereunder shall be deemed receLved when sent by Unated States
maml, postage prepaid, cert~fied maml, return recexpt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the sagnature of the party
AEE008 FE PAGE 5
4 Texas Law to Ap~lv 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 Th~s ~reement shall be blndmng upon and
Inure to the benefit of the parties and their respective heirs,
executors, sdm4nlstrators, legal representatives, successors and
assigns where permittedb~thlsAgreement
6 Le~al 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 unenforceabLl~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 A~reements Superseded. This Agreement constitutes
the sole and only agreement of the parties and supersedes any
prior understandzngs or written or oral agreements between the
parties respecting the within subject matter
8 Tmme of Essence. Tmme 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 ~n
the singular D--~er 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 pron~otly 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 Ls hereby advised that
Lt 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 Limmt In the event a fully executed copy of this
Agreement has not been returned to Purchaser w~thln 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
EVA ELAINE, INC THE CIT~-O~ DENTON, TEXAS
~VA ELAINE MERRITT
PRESIDENT City Manager
215 E McK~nney
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
Th~s l~strument is acknowledged before~m~l~n~ th~s ] 0- ~Y of
~, 1999 b~ , ~nager, of the
of ~nto~, a municipal co~orat=on, known to' me to be the person
and o~f=cer whos~ ~e =s s~scr~bed to t~ foregoing ~nstr~ent
and acknowle~ed to me that the s~e was the act of the sa~d C~ty
of Denton, Texas, a munlc~pal co~oratlon, that he was duly
authorized to perfo~ the s~e by appropriate ordinance of the
C~t~ CO~i of ~ C~ty of D~n ~ ~t ~ ~uted ~ s~e
as the act of the sa~d C~ty for pu~oses and consl~rat~on
there~n e~ressed, and ~n the capacity there~n ~tated
]1%~ ~.~,..m.~p,,~. th~ State of Texas
i~ -~ 0ecembe~ ~9, 2002
CO~ O~ Dg~
Th~s ~nstr~ent ~s acknowledged before me, on th~s ~y of
~ , 1999 by Eva Ela~ ~rr~tt, Prescript, Eva Ela~,
Inco~Orat~on, a Texas Co~orat~on known to me to be the person
and officer whose n~e ~s s~scr~bed to the foregoing ~nstr~ent
and acknowledged to me that the s~e was the act of the sa~d
Nota~ P~l~c ~n and for
the State of T~as
AEE008FE PAGE 7
EXHIBIT
Court'S, ~
H~g~way U S, 77 Page 1 of
Project Limits From I,H. 35
To U.S, 3~(~ Rev November 28, 1994
csJ 01
~,ccount
FIELD NOTES FOR PARCEL 29
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO DAVID A COGGIN, TRUSTEE,
(TRACT 1 ) RECORDED IN VOLUME 2614, PAGE 845, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDC'r),
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 at a found 1/2-~nch ~ron rod for the northwest corner ~f a tract of lane conveyeo to Charles Melvin
Cunn~ngham and wife, Jams Cunnmgham, aa recorded In Volume 632, Page 217, DRDCT, and the southwest
corner of a second tract of land conveyed to David A Coggm, Trustee, as recorded m Volume 2814, Page 845,
DRDCT and said point being on the ex~at~ng north right of way hne of Rmey Road,
THENCE N 48e 11 ' 52" E, along the common property hne of se~d Cunmngham tract and sa~d Coggln tract two,
a d~stance of 96 51 feet to a set 5/6-inch iron rod with an aluminum cap, being a point on the new south r~gnt
of way hne of U S 77,
THENCF S 580 11' 38" E, along the new south right et way hne of U S ~7, a distance of BO ~5 feet to a set
5/8-~nch iron rod w~th an elummum cap for the POINT OF BEGINNING, same being a point on the west line of sa~d
C, oggrn tract one, and the east Jlne of sa~d Cunnlngham tract,
(1) THENCE N 48° 00' SE" E, along e hne common to said Coggm tract one and said Cunnlngnam
tract, a distance of 27 91 feet to a found 5/6-inch ~ron rod for the northwest corner of sa~d
Coggln tract one and the northeast comer of said Cunnlngham tract, being on the ex,sting south
r~ght of way line of U S 77,
THENCE S 56° 10' 31" E, along a line common to se~d Coggm tract one and ex~at~ng south right
of way line of said U S 77, a distance of 706,60 feet to a found 1/2-~nch ~ron rod for the
northeast corner of sa~d Coggln tract one, same being the northwest corner of a tract of lanc~
conveyed to Roy D Martin, recorded ~n Volume 416 Page 215, DR DCT,
(3) THENCE S 01 o 05' 41" W, along a hne common to sa~d Coggm tract one and sa~d Mart~n tract,
a distance of 62 31 feet to e set 5/8-tach ~ron rod w~th an a~ummum cap, sa~d point being on the
new south right of way hne of U S 77,
I41 THENCE N SS° t1' 36" W' al°rig the new s°uth right of way Ime of U S 77, a d~s~anca of 85 ~2
feet to a sat §/8-tach iron rod with an aluminum cap being the beginning of a c~rcuiar curve to the
right hawng a radius of 2924 79 feet,
(5) THENCE Northwesterly, along the new south right of way hne of U S 77 w~th sa~d curve to the
r~ght through a delta angle of 09° 22' 23" an arc distance of 274 29 feet, and hawng a chord
which beers N 6Bo 30' 26" W, a distance of 274 18 feet to e set ~B/8*~nch ~ron rod w~th an
aluminum cap, being a go~nt of tangency,
EXHIBIT 'A'
County Denton Page 2 of 2
Highway U.S. !77
Prolect Limits From I.H. 35 Rev November 28, 1994
To U.S. 380
CSJ 0195-02,
Account
FIELD NOTES FOR PARCEL 29
(6) THENCE N 52° 49' 14" W, with the new south right of way hne of U S 77, a distance of 19 46
feat to a set 5/8-tnch iron rod w~th an aluminum cap, being the beginmng a c~rcular curve to the
left hewng a radius of 2804.79 feet,
(7) THENCE Northwesterly, along the new south right of way line of U S 77 with amd curve to the
left, through a delta angle of 05° 22' 22", an arc distance of 263 01 feet, and hewng a chord
which bears N 55° 30" 28' W, a d~atance of 262 92 feet to a set 5/8-~nch iron rod with an
aluminum cap,
(8) THENCE N 58° 11' 38" W, along the new south right of way line of U S 77, a distance of
104 70 feet to the POINT OF BEGINNING, and containing 0 882 acre, or 28,824 square feet of
land, more or less.
John F Wilder, R P L S A ~,~ '
Date
Texas No 4285