1999-229AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON~ AND JOSEPH E KECK AND BARBARA KECK, RELATING TO THE
PURCHASE OF 0 005 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77
(PARCEL 43), 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 anthonzed to execute a Real Estate
Contract between the C~ty and Joseph E Keck and Barbara Keck, ~n substantially the form of
the Real Estate Contract wluch ~s attached to and made a part of this ordinance for all purposes,
for the purchase of 0 005 acres of land for the expansion of U S H~ghway 77 (Parcel 43)
SECTION II That the C~ty Manager ~s anthonzed to make the expen&tures as set forth
m the attached Real Estate Contract
~ That thxs ordinance shall become effective ~mmedmtely upon ~ts passage
and approval
PASSED ANDAPPROVEDthlsthe /~ day of (~,~ ,1999
JAC~
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
HERBEKT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE as made by and between JOSEPH E KECK
AND BARBARA KECK (hereanafter referred to as "Seller") and CITY
OF DENTON, TEXAS, a home rule munacapalaty, of Denton, Denton
County, Texas, (hereanafter referred to as "Purchaser"), upon the
terms and condataons set forth herean
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser
hereby purchases and agrees to pay for all that certaan tract,
lot or parcel of land descrabed an Exhabat "A" attached w=th all
raghts and appurtenances pertaan~ng to the saad property,
· ncludang any raght, tatle and ~nterest of Seller an and to
ad3acent streets, alleys or r~ghts-of-way (all of such real prop-
erty, raghts, and appurtenances be=ng here=nafter referred to as
the "Property"), together wath any am~rovements, f=xtures, and
personal property s~tuated on and attached to the Property, for
the cons~derataon and upon and sub3ect to the terms, provas~ons,
and condat~ons hereanafter set forth Seller shall pay all cost
for the removal, anstallataon, construction, re~nstallat~on,
reconstructaon, labor and materials for any and/or ~mprove~ents
located w~than the property descrabed ~n Exhabat "A" Any
amprovements not removed by October 31, 1999 shall become
property of the CLty of Denton, Texas
PURCHASE PRICE
i Amount of Purchase Prace The purchase prLce for the
Property shall be the sum of $1,650 00
2 Payment of Purchase PrLce The full amount of the
Purchase Prace shall be payable Ln cash at the closang
PURCHASER'S OBLIGATIONS
The oblagataons of Purchaser hereunder to consummate the
transa~tLons contemplated hereby are sub3ect to the satasfactLon
of each of the followang conc~taons any of wh=ch may be waaved an
whole or an part by Purchaser at or prior to the closLng
i Prel~m~nar~ TLtle Re~ort WathLn twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Tatle Company (hereanafter defaned) to assue a
owners polacy con~atment (the "Conunatment") accompanaedby copaes
of all recorded documents relating to easements, raghts-of-way,
etc , affectang the Property Purchaser shall gave Seller
written notace on or before the exp~rataon of ten (10) days after
Purchaser receaves the Con~atment that the condataon of tatle as
set forth an the Co-~tment as or as not satasfactory In the
event Purchaser states the condataon of tatle as not
satasfactory, Seller shall, at Seller's optaon, promptly
undertake to elamanate 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 receapt of wratten
notace, thas Agreement shall thereupon be null and voad for all
purposes, otherwise, thas condataon shall be dee~ed to be
acceptable and any ob3ect=on thereto shall be deemed to have been
waaved for all purposes
2 Survey Purchaser may, at Purchaser's sole cost and
expense, obtaan a current survey of the Property, prepared by a
duly lacensed Texas land surveyor acceptable to Purchaser The
survey shall be staked on the ground, and shall show the locataon
of all amprovements, haghways, streets, roads, raalroads, r~vers,
creeks, or other water courses, fences, easements, and raghts-of-
way on or adjacent to the Property, af any, and shall contaan the
surveyor's certafacataon that there are no encroachments on the
Property and shall set forth the n-m~er of total acres comprasang
the Property, together wath a metes and bounds descraptaon
thereof
Purchaser wall have ten (10) days after receapt of the survey
to review and approve the survey In the event the survey as
unacceptable, then Purchaser shall w~than the ten (10) day
peraod, gave Seller wratten notace of thas fact Seller shall,
at Seller's option, promptly undertake to elamanate or modafy the
unacceptable portaons of the survey to the reasonable
satasfact~on of Purchaser In the event Seller as unable to do
so wath~n ten (10) days after receapt of wratten notace,
Purchaser may termanate th~s Agreement, and the Agreement shall
thereupon be null and voad for all purposes and the Escrow
Deposat shall be returned by the Tatle Company to Purchaser
Purchaser's faalure to gave Seller thas wratten not~ce shall be
deemed to be Purchaser's acceptance of the survey
3 Seller's Complaanoe Seller shall have performed, ob-
served, and complaed w~th all of the covenants, agreements, and
condations required by thas Agreement to be performed, observed,
and complied wath by Seller praor to or as of the closang
AEE00~FE PAGE 2
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representations and warrant~es shall be deemed
made by Seller to Purchaser also as of the closing date
i There are no part~es ~n possess=on 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 s~m~lar proceeding or
assessment or suit, affect=ng title to the Property, or any part
thereof, nor to the best knowledge and belief of Seller Ks any
such proceeding or assessment contemplated by any governmental
authority
3 Seller has com~l=ed w=th 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
L~ab~l~ty Act (CERCLA), as amended
CLOSING
The closing shall be held at the off~ce of Dentex T~tle
Company on or before August 31,1999, or at such t=tle company,
t~me, date, and place as Seller and Purchaser may mutually agree
upon (which date ~s herein referred to as the "closing date")
CLOSING REQUIREMENTS
I Seller's Rec~u~rements At the closing Seller shall
A Deliver to State of Texas, acting by and through the
Texas Transportation Col~Rlsslon 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 llens,
encumbrances, condlt~ons, easements, assessments, and
restrLctLons, excmpt for the following
AEE008FE PAGE 3
I General real estate taxes for the
year of closang and subsequent years not
yet due and payable,
2 Any exceptaons approved by Purchaser
pursuant to Purchaser's Obl~gataons here-
of, and
3 Any exceptaons approved by Purchaser
an wr~tang
B Delayer to Purchaser a Texas Owner's Polac~ of Tatle
Insurance at Purchaser's sole expense, assued by Dentex
Tatle Com~0any, Denton, Texas, (the "Tatle Company"), or
such tatle company as Seller and Purchaser may mutually
agree upon, ~n Purchaser's favor ~n the full amount of
the purchase price, insuring fee simple t~tle for the
State of Texas to the Property subject only to those
t~tle exceptions l~sted an Closing Rec~u~rements hereof,
such other exceptions as may be approved ~n wratang by
Purchaser, and the standard prLnted exceptions contaLned
· n the usual form of Texas Owner's PolLcy of TLtle
Insurance, provaded, however
i The boundary and survey exceptaons
shall be deleted Lf requLred by Purchaser
and af so requLred, the costs associated
wLth same shall be borne by Purchaser,
2 The exceptaon as to restr~ctave cove-
nants shall be endorsed "None of Record",
3 The exceptLon for taxes shall be
lamated to the year of closing and shall
be endorsed "Not Yet Due and Payable",
and
4 The exceptaon as to laens enc~mm~er~ng
the Property shall be endorsed "None of
Record"
C Delaver to Purchaser possesszon of the Property on
the day of closzng
2 Purchaser's Rec~uarements Purchaser shall pay the
consLderatLon as referenced an the "Purchase Price" sectaon of
this contract at ClosLng an ammedaately avazlable funds
AEE008FE PAGE 4
3 ClosLn~ Costs Seller shall pay all taxes assessed by
any tax collectLon authorLty through the date of ClosLng All
other costs and expenses of closang an cons,tmm~tLng the sale and
purchase of the Property not specLfacally allocated hereLn shall
be paadby Purchaser
REAL ESTATE COmmISSION
Ail oblLgataons of the Seller and Purchaser for payment of
brokers' fees are contaLned Ln separate wratten agreements
BREACH BY SELLER
In the event Seller shall fall to fully and tamely perform
any of Lts oblLgatLons hereunder or shall fall to consummate the
sale of the Property except Purchaser's default, Purchaser may
eLther enforce specLfLc performance of thLs Agreement or
termLnate thLs Agreement by wrLtten notLce dalLvered to seller
BREACH BY PURCHASER
In the event Purchaser should fall to cons~mm~te the purchase
of the Property, the condLtLons to Purchaser's oblLgatLons set
forth Ln PURCHASER'S OBLIGATIONS havang been satasfLed and
Purchaser beLng an default Seller may eLther enforce specafac
performance of thas Agreement, or termLnate thLs Agreement by
wratten notLce delLvered to purchaser
MISCELLANEOUS
i AssL~nment of A~reement ThLs Agreement may be assagned
by Purchaser wLthout the express wrLtten consent of Seller
2 SurvLval of Covenants Any of the representatLons, war-
rantLes, covenants, and agreements of the partaes, as well as any
rLghts and benefLts of the partLes, pertaLnLng to a peraod of
tame followLng the closLng of the transactLons cont_~-~.lated
hereby shall survLve the closLng and shall not be merged thereLn
3 NotLce Any notLce requLred or permLtted to be delavered
hereunder shall be deemed receLved when sent by UnLted States
mall, postage prepaLd, certLfLed mall, return receLpt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the sagnature of the party
AEE008FE PAGE 5
4 Texas Law to Ap~ly Th~s Agreement shall be construed
under and in accordance w~th the laws of the State of Texas, and
all obl=gat~ons of the part=es created hereunder are performable
an Denton County, Texas
5 Part~es Bound Th~s Agreement shall be b~ndang upon and
· nure to the benefit of the part~es and thear respective hears,
executors, administrators, legal representataves, successors and
assagns where permattedby th~s Agreement
6 Legal Constructaon In case any one or more of the pro-
vasaons contained an thas Agreement shall for any reason be held
to be invalid, ~llegal, or unenforceable ~n any respect, sa~d
validity, allegal~ty, or unenforceab~l~ty shall not affect any
other provas~on hereof, and th~s Agreement shall be construed as
af the ~nvalad, allegal, or unenforceable provasaon had never
been contained here~n
7 Prior A~reements Superseded Thas Agreement constatutes
the sole and only agreement of the partaes and supersedes any
praor understandings or written or oral agreements between the
part~es respecting the w~than sub3ect matter
8 Tame of Essence Tame as of the essence an thas
Agreement
9 Gender Words of any gender used an th~s Agreement shall
be held and construed to ~nclude any other gender, and words
the sangular D~er shall be held to anclude the plural, and vace
versa, unless the context requires otherwase
10 Memorandum of Contract Upon request of either party,
both part~es shall promptly execute a memorandum of th~s
Agreement suitable for f~l~ng of record
11 Co~llance In accordance w=th the requarements of the
Texas Real Estate Lacense Act, Purchaser as hereby advised that
at should be furnished w~th or obtaan a policy of tatle ~nsurance
or Purchaser should have the abstract coverang the Property
examined by an attorney of Purchaser's own select~on
12 T~me Llmat In the event a fully executed copy of thas
Agreement has not been returned to Purchaser wathan ten (10) days
after Purchaser executes th~s Agreement and delayers same to Sel-
ler, Purchaser shall have the raght to terminate thas Agreement
upon wratten not~ce to Seller
AEE008FE PAGE 6
SELLER PURCHASER
THE ~.~ DENTON, TEXAS
Denton, Texas 76201
Barbara Keck
STATE OF TEXAS
COUNTY OF DENTON
Th%~ %~str~ment Ks ack ~e~m~n th~s day of
of ~nt~, a mun=c~pal co~orat~on, kno~ to me to be the person
and officer whose n~e =s s~scr~bed to the foregoing ~nstr~ent
and acknowledged to ~ that the s~ was the act of the sa~d C~ty
of Denton, Texas, a municipal co~orat~on, that he was duly
au~orlzed to perfo~ the s~ by appropr=ate ord=nance of the
C~ty C~unc~l of the C~ty of Denton and that he executed the s~
as the act of ~e sa~d C~ty for pu~oses and consecration
there~n .~ressed, and ~n the ca~ac~t~ ~here~n s~ated
STATE OF ~
CO~ OF DE~ON
Th~s ~nst~nt ~s acknowledged before me, on thzs /~ day of
~ 1999 Keck and Barbara Keck
by
Joseph
E
nOaEaN WU" 11] ~ or
, ~ Gommls~,on Exp, cs~-Z~ the State of Texas
AEE008FE PAGE 7
EXHIBIT "A'
County Denton Page 1 of 1
H~ghway U.S. 7'/
Project L~mlts From I.H. 3B Rev October 6, 1994
To U.S. 380
CSJ ~
Account:
FIELD NOTES FOR PARCEL 43
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JOSEPH E. KECK AND WIFE,
BARBARA KECK0 RECORDED IN VOLUME 1154, PAGE 626, DEED RECORDS OF DENTON COUNTY, TEXAS
(DRDCTI, BEING SITUATED IN THE N.H MEISENHEIMER SURVEY, ABSTRACT NO 811, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING for reference et a found axle for the southwest corner of saId Keck tract,
THENCE N 02° 22' 42" E, along the west llne of said Keck tract, a distance of 120 00 feet to a point for the
northwest corner of said Keck tract, same being a point on the east right of way line of Bohvar Street and the
south right of way line of Orr Street,
THENCE S 86° 59' 31" E, along the north property line of said Keck tract and the south right of way line of Orr
Street, a dlstanoo of 299.13 feet to a set 5/8-inch Iron rod with 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 88° 59' 31" E, along a hns common to said Keck tract and south right of way line of
Orr Street, a distance of 21.72 feet to the northeast corner of said Keck tract, same being a point
~ the ex~atlng west right of way line of U.S 77,
(2) THENCE S 00° 05' 51 ' W, along a line common to aa~d Keck tract and existing west right of way
line of U.S. 77, s distance of 19.68 feet to a set 'X' cut m concrete, same being a point on the
new west right of way line of U.S 77,
(3) THENCE N 46° 07' 33" W, along the new west right of way hne of U S. 77, a distance of
30.05 feet to the POINT OF BEGINNING, and containing 0 005 acre, or 214 square feet of land,
more or less
J~hn F Wilder, R P.L.S Date
Texas No 4285