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ORDINANCE NO OO — /
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND EMORY D GROENING, RELATING TO THE PURCHASE OF 0 145 ACRE
OF LAND FOR THE RINEY ROAD REALIGNMENT WITH U S HIGHWAY 77,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 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 0 145 acre of land for the Riney Road Realignment with U S Highway 77
SECTION 2 That the City Manager is authorized to make the expenditures as set forth
in the attached Real Estate Contract
SECTION 3 That this ordinance shall become effective immediately upon its passage
and approval /
PASSED AND APPROVED this the Y `� day of 0&&&yk , 2000
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
BY
AP VED A TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY C��t�' `a .
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between EMORY D.
GROENINO (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, being 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.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the total sum of $8,500.00.
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.
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. Survev. 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 Sscrow
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.
AEE008FE PAGE 2
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 January 31, 2000, 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 3
CLOSING REQUIREMENTS
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to CITY OF DENTON, TEXAS, a MUNICIPAL
CORPORATION, a duly executed and acknowledged Deed in the
form as attached hereto as Exhibits "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 here-
of; 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 subject 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 as to restrictive cove-
nants shall be endorsed "None of Record";
AEE008FE PAGE 4
3. The exception for taxes shall be
limited to the year of closing and shall
be endorsed "Not Yet Due and Payable"i
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. Closina 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.
REAL ESTATE CONNISSION
All obligations of the Seller and Purchaser for payment of
brokers' fees are contained in separate written agreements.
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
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGIAATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement by
written notice delivered to purchaser.
AEEOOBFE PAGE 5
MISCELLANEOUS
1. 8asianment of Aara This Agreement may be assigned
by Purchaser without the express written consent of Seller.
2. Survival of Covanan Any of the representations, war-
ranties, coveaaate, and Any
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 Bent 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. Taxae Law s....i •, 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 So+++A. 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. 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 in-
validity, 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 Aaresmente e+2erseded. This Agreement constitutes
the Bole 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 6
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. CCg=liance. 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 Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
DATED this 7Z-I'-- day of % a-e-) , 1999.
SELLER
AEE008FE PAGE 7
PURCHASER
THE CITY OF DENTON,
215 E. McKinney
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
is instrument is acknowledged before me, on this day of_
UUUMAcd 0090 by Michael W. Jea, City Manager, of the City
Denton a municipal corporation, known to me to be the person
and offic 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
authorised 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 in the caps ty therein stated.
tart' ublic is and for
f Mixes
J[NNIFER K WALTERS a State of Tex NatitJEN IFERPlibliState nLTER
Kly Qnmmusmn Expires
December 10, 2002
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this day of
1999 by Emory D. Groaning.
Notary Public in and for
the State of Texas
AEE008FE PAGE 8
EXHIBIT "A"
All that certain tract or parcel of land lying and being situdted in the
N. If. Meisenheimer Survey, Abet. 810, City arid County Of Denton, Texas,
being part of a Second Tract de-3cribed in a dead from Charles Franks
to Louis Crooning on Novembor 11, 1970, and recorded in Vol. 613, page
183, Dead Records of said County, and being more particularly described
an follows:
0EGINNING dt a Steel pin on the North right of way of Highway 77 at a
point N. 31' 37' 50" E. 30.0 foot and S. 58' 13' E 144 1 foot from the
West cornur of said Second Tract;
THENCE N. 310 28' C. 139.92 to a steel pin,
Tll1:NCC S. 580 28' 28" E. 22.50 feet to a stool pin;
THENCE S. 1' 39' 30" C. along and near a chain link fonco 167.80 Lout
to a Atopl pin;
THENCE N. 500 13' W. 114.20 rout to the place of beginning, containing
in all 0.220 acres of land.
SAVE & EXCEPT
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
comer of a called 0.228-acre one of land conveyed to Albert B. Grubbs, Sr. and wife, Margaret V. Grubbs,
recorded in Volume 842. Page 977, DROCT:
THENCE S 310 44, 25' W, along a One 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 One of U.S. 77,
(1) THENCE S 586 11' 36' F. along the new north right of way Ons of U.S. 77, a distance of
93.41 feet to a set WS-Inch hon rod with an aluminum cap on the east fine of said Groaning tract
and being on the weal Ins of a O.8184= tract of land as conveyed to Charles R Jackson,
mcordad In Volume 1550, Page 214, ORDOr;
(2) THENCE S Ot a 22' 39' E, with the One common to said Groaning tract and said Jackson tract,
a dbttanao of 37.09 foot to a found 1 /2aneh iron rod being the southeast comer of said Groaning
tract, being the southwest comer of said Jackson tract, and said point being on the existing north
right of way Ono of U.S. 77,
(3) THENCE N 58e 03' 18' W, with the Ins common to said Groaning tract and existing north right
of way Ins of U.S. 77, a astance of 114.00 feet to a found 1/2-inch Iron rod being the
southwest comer of said Groaning tract, and being the southeast comer of said Grubbs tracc
(4) THENCE N 310 44' 250 E, with the goo common to said Groaning tract and said Grubbs tract.
a distance of 31.27 feet to the POINT OF BEGINNING, and containing 0.075 acre, or 3.265
square feet of land, mom or less.
EXHIBIT "B"
WARRANTY DEED
Date:
Grantor: EMORY D. GROENING
Grantee: City of Denton
Grantee's Mailing Address (including county):
City of Denton
221 North Elm Street
Denton, Texas 76201
Denton, County
Consideration:
EIGHT THOUSAND, FIVE HUNDRED DOLLARS AND N0/100 ($8,500.00) and
other good and valuable consideration.
Property (including any improvements):
All those certain tracts of land being situated in the N. H.
Meisenheimer Survey, Abstract No. 810, Denton County, Texas and
being more particularly described in "EXHIBIT A" attached hereto
and by this reference being made a part hereof for all purposes.
Reservations From and Exceptions to Conveyance and Warranty:
Easements, sights -of -way, and prescriptive rights, whether of
record or note all presently recorded instruments, other than
liens and conveyances, that affect the property.
GRANTOR , for the consideration, receipt of which is hereby
acknowledged, and subject to the reservations from and exceptions
to conveyance and warranty, grants, sells and conveys to Grantee
the property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and to hold
it to GRANTEE, GRANTEE'S heirs, executor, administrators,
successors or assigns forever. GRANTOR binds GRANTOR and
GRANTOR'S heirs, executors, administrators and successors to
Deed -1
warrant and forever defend all and singular the property to
GRANTER and ORANTEB'S heirs, executors, administrators, successors
and assigns against every 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.
Ersoax a oaosNir a
438 Rreutzberg Road
Boerne, Texas 78006
ACKNOWLEDGMENT
STATE OF TEXAS $
COUNTY OF DENTON $
This instrument was acknowledged before me on this
of , 1999 by EMORY D. GROENING.
Notary Public, in and
the State of Texas
My Commission Expires:
Deed-2
for
day