1999-230AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND EVA ELAINE, INC, RELATING TO THE PURCHASE OF
0 318 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL
26), 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 Eva Elaine, Inc, m substantially the form of the Real
Estate Contract which is attached to and made a part of this ordinance for all purposes,
for the purchase of 0 318 acres of land for the expansion of U S Highway 77 (Parcel
26)
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 ~ts
passage and approval
1999 PASSED AND APPROVED this the /~_f_~l day of (~?~ff ,
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE xs mede by and between EVA ELAINE, INC
(herexnafter referred to as "Seller") and CITY OF DENTON, TEXAS,
a home rule mun~ompal~ty, of Denton, Denton County, Texas,
(herexnafter referred to as "Purchaser"), upon the terms and
condxtions set forth herein
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 described an Exhmbxt "A" attached wxth all
r~ghts and a~urtenances pertaaning to the sa~d property,
xnclud~ng any raght, title and interest of Seller an and to
adjacent streets, alleys or raghts-of-way (all of such real prop-
erty, rights, and a~urtenances beang hereanafter referred to as
the "Property,,), together with any am~rovements, faxtures, and
personal property situated on and attached to the Property, for
the consideration and upon and subject to the terms, provxsions,
and oonditaons hereinafter set forth Seller shall pay all cost
for the removal, anstallataon, construction, reanstallat~on,
reconstructaon, labor and materxals for any and/or xm~rovements
located within the property described an Exhxbat "A" Any
xmprovements not removed by September 1, 1999 shall become
property of the Cxty of Denton, Texas
PURCHASE PRICE
i Amount of Purchase Prxce The purchase prmce for the
Property shall be the sum of $15,880 00
2 Payment of Purchase Price The full amount of the
Purchase Prxce shall be payable in cash at the closxng
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to cons"mm~te the
transactions conte~late~! hereby are sub]eot to the satisfactaon
of each of the followang conditions any of whxch mey be waaved an
whole or in part by Purchaser at or praor to the closang
I Prel~minar~ Title Re~ort Withan twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to ~ssue a
owners policy oommLtment (~he "Co~-~tment-) accos~oanmed by cop~es
of all recorded documents relatLng to easements, rLghts-of-way,
etc , affecting the Property Purchaser shall give Seller
wrLtten notice on or before the expLratlon of ten (10) days after
Purchaser receives the Commitment that the condLtLon of tLtle as
set forth in the Co-~m~nt is or Ls not satisfactory In the
event Purchaser states the condition of t~tle as not
satasfaotory, Seller shall, at Seller's optxon, promptly
undertake to eli~Lnate or modify all unacceptable matters to the
reasonable satisfactaon of Purchaser In the event Seller is
unable to do so withLn ten (10) days after re~expt of wrxtten
notice, this Agreement shall thereupon be null and voxd for all
purposes~ otherwise, this conditxon shall be deemed to be
acceptable and any objection thereto shall be deemed to have been
waxved 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 licensed Texas land surveyor acceptable to Purchaser The
survey shall be staked on the ground, and shall show the locatxon
of all improvements, hxghways, streets, roads, railroads, ravers,
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 certifxcation that there are no encroachments on the
Property and shall set forth the n,,m~er of total acres comprisxng
the Property, together wxth a metes and bounds description
thereof
Purchaser wxll have ten (10) days after recempt of the survey
to review and approve the survey In the event the survey is
unacceptable, then Purchaser shall wxthxn the ten (10) day
perxod,, give Seller wratten notice of thxs fact. Seller shall,
at Seller's option, promptly undertake to el-~-nate or modify the
unacceptable portions of the survey to the reasonable
satasf&otaon of Purchaser. In the event Seller ms unable to do
so wxthin ten (10) days after recexpt of wrxtten notmoe,
Purchaser may terminate thLs Agreement, and the Agreement shall
thereupon be null and voxd for all purposes and the Escrow
Deposit shall be returned by the Txtle Compan~ to Purchaser
Purchaser's failure to give Seller thas wrxtten notxce shall be
deemed~to be Purchaser's acceptance of the survey
3 Seller's Compliance Seller shall have performed, ob-
served, and oomplLed with all of the covenants, agreements, and
conc~tions required by this Agreement to be performed, observed,
and compiled with by Seller prior to or as of the closing
AEE008PE 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 closang date
I There are no part~es an possession 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
pending or threatened cond~mnatlon or samalar proceedang or
assessment or su~t, affectang tatle to the Property, or any part
thereof, nor to the best knowledge and belaef of Seller as any
such proceeding or assessment conte~olated by any governmental
authority
3 Seller has complied 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 toxac
or hazardous wastes or materaals on or wathan the Property Such
toxic or hazardous wastes or materials anclude, but are not
l~mated to, hazardous materials or wastes as same are defaned by
the Resource Conservataon and Recovery Act (RCRA), as amended,
and the Com~rehensave Envaronmental Response Compensataon and
LaabalityAct (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 title company,
t~me, date, and place as Seller and Purchaser may mutually agree
upon (which date as herean referred to as the "closang date")
CLOSING REQUIREMENTS
i Seller's Rec~uarements At the closang Seller shall
A Deliver to CITY OF DENTON, TEXAS, a MUNICIPAL
CORPORATION, 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, assessatents, and restractaons, except for the
followang
AEE008 FE 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 P~rchaser's Obll~ations here-
of, and
3 Any exceptions approved by Purchaser
in writing
B. Delzver to Purchaser a Texas Owner's Policy of Tatle
Insurance at Purchaser's sole expense, assued by Dentex
Title Co~apany, De~ton, Texas, (the "Tatle Company"), or
such title company as Seller and Purchaser may mutually
agree upon, in Purchaser's favor an the full amount of
the purchase price, insurang fee szmple tatle for the
State of Texas to the Property sub]eot only to those
tatle exceptions listed an Closang Reclu~rements hereof,
such other exceptions as may be approved an wratang by
Purchaser, and the standard printed exceptaons contaaned
in the usual fomn of Texas Owner's Polacy of Title
Insurance, provided, however
i The boundary and survey except, tons
shall be deleted af required by Purchaser
and if so required, the costs associated
wath same shall be borne by Purchaser,
2 The exceptaon as to restrzctave cove-
nants shall be endorsed "None of Record",
3 The exception for taxes shall be
linhtted to the year of closLng and shall
be endorsed "Not Yet Due and Payable",
and
4 The exception as to laens enc,,~herlng
the Property shall be endorsed "None of
Record"
C Deliver to Purchaser possession of the Property on
the day of oloszng.
2 Purchaser' s Re~lirements. Purchaser shall pay the
consaderation as referenced an the "Purchase Price" sectaon of
thzs con~ract at Closing ist immediately avaalable funds.
AEE008FE PAGE 4
3 ClosLn~ Costs. Seller shall pay all taxes assessed by
any tax collectLon authorLty through the date of Closing. Ail
other costs and expenses of closing an cons,,-~tLng the sale and
purchase of the Property not specLfically allocated hereLn shall
be paid by Purchaser
REAL ESTATE CO~4ISSION
All obligatLons of the Seller and Purchaser for payment of
brokers' fees are contaLned an separate wrLtten agreements
BREACH BY SELLER
In the event Seller shall fail to fully and tzmely perform
any of Lts oblLgations hereunder or shall fall to cons~---~te the
sale of the Property except Purchaser's default, Purchaser may
eLther enforce specific performance of thLs Agreement or
terminate this Agreement by wrLtten notLce delLvered to seller
BREACH BY PURCHASER
In the event Purchaser should fall to cons----ate the purchase
of the Property, the conditLons to Purchaser's oblLgatlons set
forth in PURCHASER,S OBLIGATIONS havLng been satLsfLed and
Purchaser beLng in default Seller may eLther enforce specLf~c
perfoz~ance of thLs Agreement, or termmnate th~s Agreement by
written notLce delLvered to purchaser
MISCELLANEOUS
I AssL~nment of A~reement. ThLs Agreement may be assLgned
by Purchaser wLthout the express wrLtten consent of Seller
2 SurvLval of Covenants. Any of the representatLons, war-
rantLee, covenants, and agreements of the partLes, as well as any
rLghts and benefits of the partLes, pertaLnLng to a perLod of
tmme following the closing of the transactLons contemplated
hereby shall survive the closLng and shall not be merged thereLn
3 NotLce. Any notice required or pexmmtted to be delLvered
hereunder shall be deemed receLved when sent by UnLted States
mall, postage prepaLd, oertLfied mall, return receLpt requested,
addressed to Seller or Purchaser, as the case may be, at *'
address set forth beneath the sLgnature of the party
AEE008FE PAGE 5
4. Texas Law to Apply Thas Agreement shall be construed
under and in accordance wath the laws of the State of Texas, and
all obligations of the parties created hereunder are performable
an Denton County, Texas
5 Partaes Bound. Th~s Agreement shall be banding upon and
· nure to the benefit of the part~es and their respective he~rs,
executors, a~4nistrators, legal representataves, successors and
assagns where pe=m~ttedby thasAgreement
6. Legal Construction In case any one or more of the pro-
vas~ons contained in thas Agreement shall for any reason be held
to be ~nvalad, illegal, or unenforceable an any respect, sa~d
valadity, illegality, or unenforceabal~ty shall not affect any
other provisaon hereof, and th~s Agreement shall be construed as
· f the invalid, ~11egal, or unenforceable prov=s~on had never
been contaaned here~n.
7 Prior A~ree~ents Superseded Th~s Agreement constitutes
the sole and only agreement of the partaes and supersedes any
prior understandings or written or oral agreements between the
part~es respecting the wathan subject matter
8 T~ne of Essence. Time ~s of the essence an th~s
Agreement
9 ~ender Words of any gender used in th~sAgreement shall
be held and construed to include any other gender, and words ~n
the sangular ~,,m~er shall be held to include the plural, and vice
versa, unless the context requares otherwase
10 Memorandum of Contract. D~on request of e~ther party,
both part~es shal! promptly execute a memorandum of th~s
Agreement suatable for filing of record
11 Com~laance. In accordance wath the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that
· t should be furnished with or obtaan a polacy of t~tle ansurance
or Purchaser should have the abstract coverang the Property
examined by an attorney of Purchaser's own selectaon
12. T~me L~m~t. In the event a fully executed copy of this
Agreen~nt has not been returned to Purchaser wathan ten (10) days
after purchaser executes this ~reement and dal~vers same to Sel-
ler, Purchaser shall have the raght to ter~tnate thxs Agreement
upon written not~ce to Seller
AEE008FE PAGE 6
SELLER PURCHASER
EVA ELAINE , INC THE C~ DE~TON, TEXAS
EVA ELAINE MERRITT
PRESIDENT C~ty Manager
215 E McK~nney
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
TBs ~nstrument ~s acknowledged befo~?n thls [~ day of
~ , 1999 by Mm~--~,~i~Manager, of the City
of~ent%n, a municipal corporation, known to me to be the person
and officer whose name ~s subscribed to the foregoing ~nstrument
and acknowledged to me that the same was the act of the sa~d C~ty
of Denton, Texas, a munlc~pal corporation, that he was duly
authorized to perform the same by appropriate ord=nance of the
C~ty Council of the C~ty of Denton and that he executed the same
as the act of the sa~d C~ty for purposes and consideration
there~n .~pre. sed, and ~n the ca~:~ty th~n~ .~tated
{I .~;,~.~'~'~. JENNIFER K WAL?E~S [I (l,~otar:~ubl3.c 3.n and for
STATE OF TEXAS
COUNTY OF DENTON
Th~s ~nstrument la acknowledged before me, on th~s ~,~k day of
~)~ , 1999 by Eva Elaine Merrett, Presldent, Eva Elaine,
Incorporation, a Texas Corporation known to me to be the person
and officer whose name is subscribed to the foregoing ~nstrument
and acknowledged to me that the same was the act of the sa~d
Notar,~r-~ul:}lJ.c a.n and fo~
the State of Texas
AEE008FE PAGE 7
EXHIBIT "A"
SHIN(2 ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE
N. H. KEXSENHEXMBR SURVEY ABSTRACT NUMBER 810, IN THE CITY OF
DENTON, DENTON COUNTY, TF2~AS, BEXN(] A PART OF THAT CERTAIN TRACT OF
LAND CONVEYED BY DEED PROM ANA PBNA TO DAVID A COO(~IN, TRUSTEE,
RECORDED XN VOLUME 2614, PAUE 84S, REAL PROPERTY RECORDS, DENTON
COUNTY, THXA~, AND BEXN(~ MORB PARTICULARLY DESCRIBED A~
SE(~INNXNQ AT AR IRON ROD SBT FOR CORRER XN THE SOUTH LINE OF STATE
HIGHWAY NUMBER 77, A PUBLXC ROADWAY, AND IN THE EAST LINE OF RINEY
ROAD, A PUBLIC RORDWAY;
THENCE SOUTH B9 DEOREES 19 MINUTES 30 SECONDS EAST 227 97 FEET WITH
SAID SOUT}I LINE OF SAID HIUHWAY NUMEHH 77 TO AN IRON ROD FOUND FOH
CO~NSR, SAID POINT ERXNO TNB NORTHWEST CORNER OF THAT CERTAIN TRACT
OF LAND CONVEYED BY DEED FROM ROBERT J MOON TO CHARU9 MELVIN
CUNNINOIIAM. RECORDED ON OCTOBER 2?, 1971, DBBD RECORDS, DENTON
COUNTY, TEXAS;
THENCE SOUTH 47 DE(~REES 06 MXNUTSS 24 SECONDS WEST, 126 74 FEET
WITH THE NORTH LINE OF SAID CUNNINOHAM TRACT TO AN IRON ROD FOUND
FOR CORNER IN SAID EAST LIN~ OF SAID RINEY ROAD~
THENCE NORTH 27 DE(~RSES 00 MINUTES 00 S~'CONDS WEST, 227.35 FEET
WITH SAID EAST LINE OF SAID EINEY ROAD TO THE PLACE OF BEOINNINO
AND CONTAININ(~ 0 310 ACHE OF ~, MORE OR LESS
EXHIBIT "B"
WARRANTY DEED
Date
Grantor EVA ELAINE, INC
Grantee Caty of Denton
Grantee's Maclang Address (ancludLng county)
CLty of Denton
221 North Elm Street
Denton, Texas 76201
Denton, County
Consideration.
FIFTEEN TEOUSAND, EIGHT HUNDRED, EIGHTY DOLLARS ANDNO/100
($15,880 00) and other good and valuable cons~derataon
Property (ancludang any improvements)
Ail those certaan tracts of land being satuated an the N E
Measenhei~er Survey, A~stract No 810, Denton County, Texas and
beang more partacularly described in "EXHIBIT A" attached hereto
and by thLs reference helngmade a part hereof for all purposes
Reservataons From and ExceptLons to Conveyance and Warranty
Easements, rLghts-of-way, and prescrLptave r~ghts, whether of
record or not, all presently recorded Lnstruments, other than
1Lens and conveyances, that affect the property
GRANTOR , for the oonsideratLon, receLpt of which Ks hereby
acknowledged, and subject to the reservations from and exceptaons
to conveyance and warranty, grants, sells and conveys to Grantee
the property, together with all and s~ngular the raghts and
appurtenances thereto an any wase belongang, to have and to hold
at to G~T~E, G~.~.EE~S hears, executor, s~nLstrators,
successors or assagns forever GRANTOR bands GRANTOR and
GRANTOR~S hears, executors, administrators and successors to
Deed -1
warrant and forever defend all and singular the property to
QRANTEE and GEANTEE'S heirs, executors, administrators, successors
and assigns against ever~ person whomsoever lawfully claiming or
to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns
include the plural.
EVA ELAINE, INC.
BY:
EVA ELAINE MERRZTT
P.O.BOX 12
PONDER, Texas 76259
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this __ day
of , 1998 by EVA ELAINE NERRITT, of EVA ELAINE, INC., 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 corporation.
Notary Public, in and for
the State of Texas
M~ Co=~ission Expires~
Deed-2