HomeMy WebLinkAbout1998-298\\CH IAI\VOIIWudWW�4AL\purpooumm�AOAlnanca\9e\Nnary Ommmg tlo�
ORDINANCE NO -a 9g
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND EMORY D GROENING, RELATING TO THE PURCHASE OF 0 075
ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SSECTION I That the City Manager is hereby authorized to execute a Real Estate
Contract between the City and Emory D Groenmg, in 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 0 075 acres of land for the expansion of U S Highway 77
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 th
PASSED AND APPROVED this the /5-- day of dwzaza , 1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY 31AM—A
APP VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY�a9J
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Emory D.
Groening (hereinafter referred to as "Seller") and CITY OF
DENTON, TEXAS, a home rule municipality, 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
rights and appurtenances pertaining to the said property,
including any right, title and interest of Seller in and to
adjacent streets, alleys or rights -of -way (all of such real
property, rights, and appurtenances being hereinafter referred
to as the "Property"), together with any improvements, fixtures,
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, installation, construction,
reinstallation, reconstruction, labor and materials for any
and/or improvements located within the property described in
Exhibit "A". Any improvements not removed by January 1, 1999
shall become property of the City of Denton, Texas.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of $3804.00.
2. Payment 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
in whole or in part by Purchaser at or prior to the closing.
AEE008FE PAGE _
1 Preliminary 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 title as set forth in the Commitment is 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 with 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 is 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.
AEE006FE PAGE _
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representations and warranties shall be deemed
made by Seller to Purchaser also as of the closing date:
1. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, trespassers or other
parties.
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or
assessment or suit, affecting title 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 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 within the
Property. Such toxic or hazardous wastes or materials include,
but are not limited 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 Liability Act (CERCLA), as amended.
CLOSING
The closing shall be held at the office of Dentex Title
Company on or before September 30, 1998, or at such title
company, time, date, and place as Seller and Purchaser may
mutually agree upon (which date is herein referred to as the
"closing date").
AEE008FE PAGE
1
AEE008FE
CLOSING REQUIREMENTS
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 liens,
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 Obligations
hereof; and
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Policy of Title
Insurance at Purchaser's sole expense, issued by Dentex
Title Company, Denton, Texas, (the "Title Company"), or
such title company as Seller and Purchaser may mutually
agree upon, in Purchaser's favor in the full amount of
the purchase price, insuring fee simple title for the
State of Texas to the Property sub]ect only to those
title exceptions listed in Closing 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 if so required, the costs
associated with same shall be borne by
Purchaser,
2. The exception
covenants shall be
Record";
PAGE _
as to restrictive
endorsed "None of
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. Closing Costs. 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 and Seller.
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation
of this Agreement shall be the sole responsibility of Seller,
and Seller agrees to indemnify and hold harmless Purchaser from
any and all claims for these commissions.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform
any of its obligations hereunder or shall fail 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 fail 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
AEE008FE PAGE _
this Agreement by written notice delivered to purchaser.
MISCELLANEOUS
1. Assignment of Agreement. This Agreement may not be
assigned by Purchaser without the express written consent of
Seller.
2 Survival of Covenants. Any of the representations, war-
ranties, covenants, and agreements of the parties, as well as
any rights and benefits of the parties, pertaining to a period
of time following the closing of the transactions contemplated
hereby shall survive the closing and shall not be merged
therein.
3. Notice. Any notice required or permitted to be
delivered hereunder shall be deemed received when sent by United
States mail, postage prepaid, certified mail, return receipt
requested, addressed to Seller or Purchaser, as the case may be,
at the address set forth beneath the signature of the party.
4. Texas Law to Apply. 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. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Legal 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
invalidity, illegality, or unenforceability 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
parties respecting the within subject matter.
8. Time of Essence. Time is of the essence in this
Agreement.
AEE008FE PAGE -
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. Compliance. 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. Time 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 Seller, Purchaser shall have the right to terminate this
Agreement upon written notice to Seller.
DATED this day of l , 1998.
SELLER
AEE008FE PAGE _
PURCHASER
THE CITY OF DENTON,
m
Mike Jez
City MdZager
215 E. McKinney
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
This st um it is acknowledged befcemJ on this day
of , 1998 by enac desF City Manager, of
the City of Denton, a municipal corporation, 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 City of Denton, Texas, a municipal corporation, that he
was duly authorized to perform the same by appropriate ordinance
of the City Council of the City of Denton and that he executed
the same as the act of the said City for purposes and
consideration therein expressed, and � the capacity therein
stated. I /1
;a'"° ANN FORSYTHE
�ct Notar Public in an for
NoteryPubpc SteteotTexae the State of Texas
,, a MyCanmle�on Expires
�';eo��f*' MAY9,2002
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this l day
of A. 1998 by Emory D. Groening. ,
Notary Publgcc n and for
�Jmi the State of Texas
AEE008FE PAGE
EXHIBIT "A"
County Denton
Highway U.S. 77
Project Limits From
To
CSJ 0195-02
Account.
FIELD NOTES FOR PARCEL 21
Page 1 of 1
Rev August 24, 1994
BEING A PARCEL OF LAND SITUATED IN A CALLED 0 220-ACRE TRACT OF LAND AS CONVEYED TO
EMORY D GROENING, RECORDED IN VOLUME 898, PAGE 793, DEED RECORDS OF DENTON COUNTY, TEXAS
(DRDCT), 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-Inch iron rod for the northwest corner of said Groaning tract and the northeast
corner of a called 0.228-acre tract of land conveyed to Albert B Grubbs, Sr and wife, Margaret V Grubbs,
recorded in Volume 842, Page 977, DRDCT;
THENCE S 310 44' 25" W, along a line common to said Groaning and said Grubbs tracts, a distance of 108 55
feet to a set 5/8-inch iron rod with an aluminum cap, being the POINT OF BEGINNING, also being a point on the
new north right of way line of U S 77,
(1) THENCE S 580 11' 36" E, along the new north right of way line of U S 77, a distance of
93.41 feet to a set 5/8-inch Iron rod with an aluminum cap on the east line of said Groaning tract
and being on the west line of a 0.618-acre tract of land as conveyed to Charles R Jackson,
recorded in Volume 1556, Page 214, DRDCT,
(2) THENCE S O10 22' 39" E, with the line common to said Groaning tract and said Jackson tract,
a distance of 37.69 feet to a found 1/2-inch von rod being the southeast corner of said Groaning
tract, being the southwest corner of said Jackson tract, and said point being on the existing north
right of way line of U S 77;
(3) THENCE N 580 03' 18" W, with the line common to said Groaning tract and existing north right
of way line of U.S 77, a distance of 114 00 feet to a found 1/2-inch von rod being the
southwest corner of said Groaning tract, and being the southeast corner of said Grubbs tract,
(4) THENCE N 310 44' 25" E, with the line common to said Groaning tract and said Grubbs tract,
a distance of 31.27 feet to the POINT OF BEGINNING, and containing 0 076 acre, or 3,255
square feet of land, more or less
John F Wilder, R.P.L S
Texas No 4285
.............
4285 .Qs
/Z ,1'- C
Date
DII47EAEV
Texas Depsmnent of Transpommon EXHIBIT "B"
Doan D-15114
Page 1 of 3 Rev 9/91
THE STATE OF TEXAS
COUNTY OF
That,
11J_D WO)
KNOW ALL MEN BY THESE PRESENTS:
of the County of , State of Texas, hereinafter referred to as Grantors, whether
one or more, for and in consideration of the sum of
Dollars ($ ) to Grantors
in hand paid by the State of Texas, acting by and through the Texas Transportation Commission, receipt of
which is hereby aclmowledged, and for which no lien is retained, either expressed or implied, have this
day Sold and by these presents do Gram, Bargain, Sell and Convey unto the State of Texas all that certam
tract or parcel of land in County, Texas, more particularly described in Ex-
hibit "A," which is attached hereto and incorporated herem for any and all purposes
SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining
title to the following improvements located on the property described in said Exhibit "A," to wit
Grantors covenant and agree to remove the above -described mrprovements from said land by the
day of , 19 , subject, however, to such extensions of tune as may be granted
by the State in writing, and if, for any reason, Grantors fail or refuse to remove same within said period of
tune prescribed, then, without any further consideration, the tide to all or any part of such improvements
not so removed shall pass to and vest in the State of Texas forever
Grantors reserve all of the oil, gas and sulphur in and under the land herem conveyed but waive all rights
of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for
same, however, nothing in this reservation shall affct the title and rights of the State to take and use all
other minerals and materials thereon, therein and thereunder
Taxes Department of Transportation
Form D-15.14
Page 2 of 3 Rev 9/91
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns
forever, and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and as-
signs to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of
Texas and its assigns against every person whomsoever lawfully claiming or to claim the same or any part
thereof
IN WITNESS WHEREOF, this instrument is executed on this the
,19
ACKNOWLEDGMENT
THE STATE OF TEXAS, }
COUNTY OF }
day of
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
, known to me (or proved
to me on the oath of a credible witness,) to be the person(s) whose
names) is (ate) subscribed to the foregoing instrument and adJmowiedged tome that be/she/they executed the same for the
purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
Notary Public, State of Texas
My Commission expaes on the day of
, 19_
####################################################################################
THE STATE OF TEXAS,
COUNTY OF
CORPORATE
I
I
ACKNOWLEDGMENT
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
Of , known to
me to be the person and officer whose time is subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said , a corporation, that he/she was
duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he/she
executed the same as the ad of such corporation for the purposes and consideration thereto expressed, and in the capacity
therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 19_
Notary Public, State of Texas
My Commission expires on the _ day of 19_
Texas Deputment of Ttaneportadon
Pam D-15-14
Page 3 of 3 Rev 9/91
After recording please return this instrument to:
I
o
.e c o
r93 z H A �,t oc
iz ° o E+
s I I I IU01��
CERTIFICATE OF RECORDING
THE STATE OF TEXAS,
COUNTY OF
13