HomeMy WebLinkAboutRes 2019-12-657 ROW .202 AcresCITY OF ANNA, TEXAS
RESOLUTION NO. aO - /a q
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PURCHASE SALE AGREEMENT FOR THE PURCHASE
OF 0.202 ACRES OF REAL PROPERTY TO BE DESIGNATED AS PUBLIC RIGHT-
OF-WAY FOR THE CONSTRUCTION OF WEST FOSTER CROSSING ROAD AS
SHOWN IN EXHIBIT "A" ATTACHED HERETO, IN THE AMOUNT NOT TO EXCEED
THIRTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($35,000.00) IN A FORM
APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the West Foster Crossing Road Project is listed as a capital improvement
project in the City of Anna's Capital Improvement Plan and is shown on the City's Master
Thoroughfare Plan; and,
WHEREAS, the proposed purchase of right-of-way is necessary for the construction of
West Foster Crossing Road: and,
WHEREAS, the City shall utilize the services of a Title Company to perform a title search,
prepare a title commitment, and prepare closing documents for the transaction; and,
WHEREAS, Roadway Impact Fees shall be used to fund the purchase of the property in
an amount not to exceed $35,000.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Agreement and Funding.
That the City Manager is hereby authorized to execute a purchase sale agreement in a
form approved by the City Attorney and fund the purchase using Roadway Impact Fee
Funds in an amount not to exceed $35,000.00.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 10th
day of December 2019.
ATTEST: III "'��APPROVED:
OF A
City Secretary, Carrie L. Smith * * Wayor, Nate Pike
Exhibit "A"
(see following pages)
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Exhibit "A"
(see following pages)
CONTRACT FOR SALE OF REAL PROPERTY
This Contract for Sale of Real Property (this "Agreement") is made on the day of , 2019
by and between Jackie D. Thornhill and Joyce Thornhill who reside at 704 W Foster Crossing Rd, Anna, Texas 75409
(collectively, "Seller"), and the City of Anna, Texas, a home -rule municipality located at 111 N. Powell Parkway,
Anna, Texas 75409 (the "City").
Recitals
Seller is the owner of .202 acres of real property located in the Collin County, Texas, out of the R. C. Ingraham Survey,
Abstract No. 464, and being more particularly described in Exhibit A (the "Property").
Seller desires to sell and the City desires to purchase the Property in fee simple on the terms stated below, with
conveyance to be made by general warranty deed.
The effective date of this Agreement is the date first stated above (the "Effective Date").
Therefore, Purchaser and Seller contract as follows:
Section I.
Purchase Price
The purchase price of the Property is $35,000 (the "Purchase Price").
Section II.
Terms of Payment
On the execution of this Agreement, the City or Seller may deliver a copy of same to Red River Title Company at 805
W. White St. 4300, Anna, Texas 75409 (the "Title Company").
At Closing (as defined in Section VI of this Agreement), the City will pay the frill amount of the Purchase Price to
Seller with the passing of title of the Property to the City as specified in this Agreement. The Purchase Price shall be
paid in U.S. dollars in the form of a cashier's check or other form acceptable to Seller.
Seller shall be solely responsible to timely pay or cause to be paid all 2019 ad valorem taxes and all previous years'
ad valorem taxes on the Property.
Section iII.
Survey
Not later than 20 days after the execution of this Agreement, the City, at its sole cost, will furnish Seller and the Title
Company with an updated survey of the Property.
The survey shall be a current on -the -ground survey that substantially complies with the requirements of a Category
IA, Condition I or lI (as applicable) survey in the Manual of Practice for Land Surveying in the State of Texas
promulgated by the Texas Board of Professional Land Surveying, as amended, and shall be adequate to enable the
Title Company to delete the survey exception in the Title Policy (except for "shortages in area"), at the City's expense.
Seller shall cooperate with the City in all reasonable ways to allow the City to conduct the City, including without
limitation providing for entry onto the Property (and adjacent areas owned by Seller) by the City or its contractors for
the purpose of conducting said survey.
Section IV.
Titles and Title Investigation
Title Commitment. Within 10 days of receipt of the survey, the title officer shall have examined the abstracts covering
the Property and shall have furnished: (1) the City with a Title Commitment for title to the Property and legible copies
CONTRACT FOR SALE OF REAL PROPERTY PAGE 1
of the instruments referenced in said Title Commitment. "Title Commitment" means a Commitment for Issuance of a
Title Policy, stating the condition of title to the Property. The "effective date" stated in the Title Commitment must be
after the Effective Date of this Agreement. "Title Policy" means an Owner Policy of Title Insurance issued by Title
Company, in conformity with the last Title Commitment delivered to and approved by the respective parties to this
Agreement. The City shall pay all costs associated with any Title Commitment issued to the City under this
Agreement.
Title Objections. Within 10 days of the date that the City receives the Title Commitment ("Title Objection Deadline")
the City shall have reviewed the Title Commitment and City Survey and notify Seller and Title Company of its
objections to any of them ("Title Objections"). The City will be deemed to have approved all matters reflected by the
Title Commitment to which the City has made no Title Objection by the Title Objection Deadline. The matters that
the City either approves or is deemed to have approved are "Permitted Exceptions." If the City notifies Seller of any
Title Objections, Seller has 10 days from receipt of the Title Objections to notify the City whether Seller agrees to
cure the Title Objections before Closing ("Cure Notice"). If Seller does not timely provide its Cure Notice or timely
gives its Cure Notice but does not agree to cure all the Title Objections before Closing, the City may, within five days
after the deadline for the giving of the Cure Notice (said five-day period being referenced herein as the "City Notice
Deadline"), notify Seller that either this Agreement is terminated or the City will proceed to close, subject to such
objections, which the City shall accept and to which Seller has no responsibility to cure.
Section V.
Additional Compensation
1. It is anticipated that the City's use of the Property will disturb or result in the removal of an existing fence
and mailbox on the Property. To the extent that occurs, this Section V shall apply and be binding on the City. In
addition to the Purchase Price, the City agrees to perform the following work on land that is on or contiguous to the
Property, solely to include: (1) replacement of a fence 225 feet in length with the installation of an access gate with
key pad; and (2) replacement of an existing mailbox. The fence once replaced shall be comparable to the existing
fence and shall be composed of the following materials and installed as follows: white poly split rail fence. The
mailbox once replaced shall be comparable to the existing mailbox. The replaced fence and mailbox shall be installed
approximately in the locations as shown in Exhibit B. The City shall replace the existing fence within 90 days after it
is removed by the City. The City shall replace the existing mailbox within 90 days after it is removed by the City. The
City may install temporary fencing and a temporary mailbox during construction as required to ensure mail service
and security of the property are maintained during construction. Once replaced, the City shall have no obligation to
repair or maintain the fence or mailbox and Sellers shall accept the fence and mailbox, once replaced,
2. SELLER UNDERSTANDS AND ACKNOWLEDGES THAT ONCE THE FENCE AND MAILBOX ARE
REPLACED IN ACCORDANCE WITH PARAGRAPH 1, ABOVE, SELLER WILL ACCEPT SAME WITHOUT
RECOURSE, REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY
AND SAME SHALL BE ACCEPTED BY SELLER AS IS, WHERE IS, AND WITH ALL FAULTS, AND
WITHOUT REPRESENTATIONS OR WARRANTY (ALL OF WHICH THE CITY HEREBY DISCLAIMS) AS
TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, QUALITY, LAYOUT,
FOOTAGE, PHYSICAL CONDITION, OPERATION, COMPLIANCE WITH SPECIFICATIONS, ABSENCE OF
LATENT DEFECTS, OR COMPLIANCE WITH LAWS AND REGULATIONS. SELLER HEREBY ASSUMES
ALL RISK AND LIABILITY (AND AGREES THAT THE CITY SHALL NOT BE LIABLE FOR ANY SPECIAL,
DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING OR ARISING FROM OR
RELATING TO THE OCCUPANCY, CONSTRUCTION, USE, CONDITION, LOCATION, MAINTENANCE,
REPAIR, OR OPERATION OF THE FENCE AND/OR MAILBOX. UNDER NO CIRCUMSTANCES SHALL THE
CITY'S CONTRACTUAL OBLIGATIONS UNDER THIS SECTION V BE INTERPRETED AS: (1) A
CONDITION OF CLOSING ON THE PROPERTY; OR (2) AFFECTING IN ANY MANNER THE CITY'S TITLE
TO THE PROPERTY UPON OR AFTER CLOSING ON THE PROPERTY.
Section Vl.
Closing of Title
The Closing of the purchase and sale of the Property under this Agreement ("Closing") shall occur on or before the
expiration of 20 days after the City Notice Deadline or another date as may be mutually agreed to in writing by the
CONTRACT FOR SALE OF REAL PROPERTY PAGE 2
City and Seller; provided, however, that Closing shall occur on or before January 31, 2020 or this Agreement shall
terminate. Each party shall pay their own closing costs and attorney fees in this transaction.
Section VII.
Miscellaneous
1. Notices. Any notice required by or permitted under this Agreement must be in writing. Any notice
required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with
the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended
recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier
delivery and will be effective when actually received. Any address for notice may be changed by written notice
delivered as provided herein.
To the City:
City Manager
City of Anna, Texas
111 N. Powell Parkway
Anna, Texas 75409
With a copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
To Seller:
Jackie D. Thornhill and Joyce Thornhill.
704 W Foster Crossing Rd
Anna, Texas 75409
2. Entire Contract. This Agreement, together with its recitals, exhibits, and any documents required
to be delivered at Closing constitute the entire agreement of the parties concerning the purchase and sale of the
Property. There are no oral representations, warranties, agreements, or promises pertaining to the subject of this
Agreement not incorporated in writing in this Agreement.
3. Amendment. This Agreement may be amended only by an instrument in writing signed by all
parties.
4. Assignment. This Agreement shall not be assigned by either party without the other party's written
consent for assignment to a specific buyer.
5. Survival. The obligations of this Agreement that cannot be performed before termination of this
Agreement or before Closing will survive termination of this Agreement or Closing, and the legal doctrine of merger
will not apply to such obligations.
6. Choice of Law; Venue; Alternative Dispute Resolution. This Agreement will be construed under
the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Exclusive venue for any
dispute arising under, in connection with, or in any manner related to this Agreement is in Collin County, Texas. Time
permitting, the parties will submit in good faith to a nonbinding alternative dispute resolution process before filing a
suit concerning this Agreement. The parties shall not under any circumstances be required to submit any dispute to
arbitration.
CONTRACT FOR SALE OF REAL PROPERTY PAGE 3
7. Waiver of Default. It is not a waiver of default if the nondefaulting party fails to declare or delays
declaring a default or delays taking any other action with respect to the default.
No Third -Party Beneficiaries. There are no third -party beneficiaries of this Agreement.
9. Severability. The provisions of this Agreement are severable. If a court of competent jurisdiction
finds that any provision of this Agreement is unenforceable, the remaining provisions will remain in effect without
the unenforceable parts.
10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of
construction that ambiguities in a document will be construed against the party who drafted it will not be applied in
interpreting this Agreement.
11. No Special Relationship. The parties' relationship is an ordinary commercial relationship, and
they do not intend to create the relationship of principal and agent, partnership, joint venture, or any other special
relationship.
13. Counterparts. If this Agreement is executed in multiple counterparts, all counterparts taken
together will constitute this Agreement.
13. Confidentiality. The parties will keep confidential this Agreement, this transaction, and all
information learned in the course of this transaction, except to the extent disclosure is required by law or court order
or to enable third parties to advise or assist Buyer to investigate title or either party to close this transaction.
14 Attorneys' Fees. The prevailing party in any proceeding brought to enforce this Agreement, or
brought relating to the transaction contemplated by this Agreement, will be entitled to recover, from the non -prevailing
party, court costs, reasonable attorneys' fees and all other reasonable related expenses.
15. Contract as Offer. The execution of this Agreement by the first party to do so constitutes an offer
to purchase or sell the Property. If the other party does not accept that offer by signing this Agreement and delivering
a fully executed copy to the first party within ten (10) days after the date this Agreement is executed by the first party,
then the first party may withdraw that offer by delivering a written notice to the other party.
16. Commission. The parties hereby represent to each other that neither has entered into any agreement
or understanding that would give rise to a real estate commission being owed in connection with this Agreement or
the conveyance of the Property, and each of the parties shall indemnify and hold the other harmless against any
commission, payment, interest or participation claimed on account of this Agreement with any party under any alleged
agreement or understanding entered into on that party's behalf with the person or entity claiming the commission,
payment, interest or participation.
17. CONDITION OF PROPERTY. THE CITY UNDERSTANDS AND ACKNOWLEDGES
THAT IF IT CLOSES ON THE PROPERTY IT WILL ACCEPT THE PROPERTY WITHOUT RECOURSE,
REPRESENTATION OR WARRANTY (EXCEPT AS SPECIFICALLY SET OUT IN THIS AGREEMENT) OF
ANY KIND, EXPRESS, IMPLIED OR STATUTORY AND JOINDER IS SELLING THE PROPERTY AS IS,
WHERE IS, AND WITH ALL FAULTS, AND WITHOUT REPRESENTATIONS OR WARRANTY (ALL OF
WHICH SELLER HEREBY DISCLAIMS) AS TO FITNESS FOR ANY PARTICULAR PURPOSE,
MERCHANTABILITY, DESIGN, QUALITY, LAYOUT, FOOTAGE, PHYSICAL CONDITION, OPERATION,
COMPLIANCE WITH SPECIFICATIONS, ABSENCE OF LATENT DEFECTS, OR COMPLIANCE WITH
LAWS AND REGULATIONS. THE CITY HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES
THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR
OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATING TO THE OCCUPANCY,
CONSTRUCTION, USE, CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF THE
PROPERTY.
CONTRACT FOR SALE OF REAL PROPERTY PAGE 4
In witness of their agreement, the parties have executed this Agreement on the date(s) shown below.
[REMAINDER OF PAGE LEFT BLANK. SIGNATURE PAGES FOLLOW.]
CONTRACT FOR SALE OF REAL PROPERTY PAGE 5
THE CITY O A , TEXAS
By:
Print d Na : � i �Yt py--,r-C'
Title: m6ULaacr
Date:
STATE OF TEXAS §
COUNTY OF COLLIN &
Before me, the undersigned notary public, on the -i day of De-Ce-ti7bet—, 2019, personally appeared
J;m Nrocc- known to me (or proved to me) to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same in his capacity ash - and on
behalf of Ci f74
�•" CARRIE L. SMITH
'*= My Notary ID # 11419404
OP Exores February 4 2023 Notary Public, State of Texas
SELLER
By:
Jackie D. Thornhill
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of , 2019, personally appeared
Jackie D. Thornhill known to me (or proved to me) to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that lie executed the same for the purposes expressed therein.
Notary Public, State of Texas
Joyce Thornhill
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of , 2019, personally appeared
Joyce Thornhill known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that she executed the same for the purposes expressed therein.
Notary Public, State of Texas
CONTRACT FOR SALE OF REAL PROPERTY PAGE 6
Title Company Receipt
Title Company acknowledges receipt of a copy of this Agreement executed by both Buyer and Seller.
Red River Title Company
BY:
Printed Name:
Title:
Date: .2019.
CONTRACT FOR SALE OF REAL PROPERTY PAGE 7
Exhibit A
EXHIBIT "A"
RIGHT-OF-WAY DEDICATION
JACKIE & JOYCE THORNHILL
BEING a tract of land situated in the R. Ingraham Survey, Abstract No. 464, City of Anna, Collin County, Texas,
being a portion of a tract conveyed to Jackie & Joyce Thornhill according to the deed recorded in Doc. No.
96-0052603 of the Deed Records, Collin County, Texas (DRCCT), with the subject tract being more particularly
described as follows:
BEGINNING at the northwest corner of the subject tract;
THENCE, N 89°55'20" E a distance of 218,74 feet, to a point from which a Y:" iron rod found at the southeast
corner of a tract of land conveyed to ATC No. 9/SHRP Commercial Ltd, according to the deed recorded in Doc.
No. 20151021001332960, DRCCT bears S 83°51'45" E a distance of 349.29 feet, also being in the north
right-of-way line of West Foster Crossing Road;
THENCE, S 00°43'52" W a distance of 40.01 feet, to a Y," iron rod found at the southwest corner of the said
ATC No.9/SHRP tract;
THENCE, along the said right-of-way, 5 89°54'37" W a distance of 220.17 feet, to the southeast corner of a
tract of land conveyed to Pecan Grove Phase 11, Ltd according to the deed recorded in Doc. No.
20170111000048510, DRDCT;
THENCE, departing the said right-of-way and following the east boundary line of the said Pecan Grove Phase
11, Ltd tract, N 02°46'28" E a distance of 40.10 feet, to the POINT OF BEGINNING with the subject tract
containing 8,784 square feet or 0.202 acres of land.
PAGE 1 OF 2
rbSPIRRS VARIABLE WIDTH R.O.W. DEDICA
E N," I E, E R I N .. R. INGRAHAM SURVEY A-464
cn�x�e::: Xj M. e I Job No. CITY OF ANNA
to I on 1 1 1/18/19 18-M COLLIN COUNTY, TEXAS
DTARREN K. BROWN
\Q 5252 2
DARREN K. BROWN, R.P.L.S. 5252
CONTRACT FOR SALE OF REAL PROPERTY PAGE 8
a o r e 100 0 50 100 200
9 1 inch = 100 ft.
10 11
12 13
14 15
Basis of bearing derived 16
from the StatePlane
Coordinate System, Texas
North Central Zone 4202,
North American Datum of
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PAGE 2 OF 2 DARREN K. BROWN
VARIABLE WIDTH R.O.W. DEDICATION tio s�RJ��o
ENGINEERING R. INGRAHAM SURVEY, A-464
Orawne'Checked•ScaleP4 ..Dole,.I Job Ne. CITY OF ANNA
1G I 0K8 I 1" = 100' 1 VISI19 18-855 COLLIN COUNTY, TEXAS DARREN K. BROWN, R.P.LS. 5252
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CONTRACT FOR SALE OF REAL PROPERTY PAGE 9
Exhibit B
CONTRACT FOR SALE OF REAL PROPERTY PAGE 10