2000-014 O IN CENO
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 R1NEY 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 C~ty Manager m hereby authorized to execute a Real Estate
Contract between the C~ty and Emory D Groemng, m substantially the form of the Real Estate
Contract winch m attached to and made a part of tins ordinance for all purposes, for the purchase
of 0 145 acre of land for the Rmey Road Reahgmnent w~th U S H~ghway 77
SI~CTION 2 That the C~ty Manager m authorized to make the expenditures as set forth
m the attached Real Estate Contract
SECTION 3 That tins ordinance shall become effective immediately upon ~ts passage
and approval
P^SSED FROVED lsthe 4 dayo ,2ooo
J~
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTO~Y
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 "Sellern) and CITY OF
DENTON, TEXAS, a home rule municipality, of Denton, Denton
County, Texas, (hereinafter referred to as mPurchaser"), upon the
terms and oonditione set forth herein.
P~IRCHASE AND SALE
Seller hereby sells end 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 mPropert¥#), 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, end 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 o£ 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 cons,,--w~te the
transactions contemplated hereby are subject to the satis£action
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. Preliminar~v~ Title Report. Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Co~pany (hereinafter defined) to issue a
owners policy oom~itment (the mCommitment~) 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 tan (10) days after
Purchaser receives the Co~u~itment that the condition of title as
set forth in the Co~itment 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 end 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, fencss, 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 n-m~er 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
satis~action 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 he 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 per£ormed, oh-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and co~plied 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
2. Except £or 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,
requlations, statutes, rules end 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 ere not
limited to, hazardous materials or wastes es same are defined by
the Resource Conservation and Recovery Act (RC~A), as emended,
and the Co~aprehensive Environmental Response Compensation and
Liability ACt (CERCLA), az ~mended.
CLOSING
The closing shall he held at the office of Dentax Title
Company, on or before January 31, 2000, or et such title company,
time, date, and place es Seller and Purchaser may mutually agree
upon (which date is herein referred to as the eclosing date")
AEE008FE PAGE 3
CLOSING REQUIREMENTS
1. Seller's Reauirements. At the closing Seller sha11~
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 end
clear of any and all liens, enc,,~hrances, conditions,
easements, assessments, and restrictions, except £or 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 Obliaations here-
of~ end
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 Closina Reauirements 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 shell be
limited to the year of closing and shell
be endorsed 'Not Yet Due and PayableW~
end
4. The exception as to liens enc,,mhering
the Property shall be endorsed "None of
Record#.
C. Deliver to Purchaser possession of the Property on
the day of closing.
2. Purchaser's Recmirements. Purchaser shell pay the
consideration as referenced in the .Purchase Price· section of
this contract et Closing in ~--edietely available funds.
3. Closina Costs. Seller shell pay all taxes assessed by
any tax collection authority through the date of Closing. All
other costs end expenses of closing in cons,,~"-mting the sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser.
REAL ESTATE CO~ISSION
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 shell fei1 to fully and timely perform
any of its obligations hereunder or shall fail to cons,,--~=te 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 cons-""~Ate 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 this Agreement by
written notioe delivered to purchaser.
AEE008FE PAGE 5
MISCELLANEOUS
1. Assicmm~nt of Aars~m~nt' This Agreement may be assigned
by Purchaser without the express written consent of Seller.
ranters Survival of Cov~ant~. Any of the representations, war-
, covenants, and agreements of the parties, as well es any
rights and benefits of the parties, pertaining to a period of
time following the closing o£ the transactions contemplated
hereby shell survive the closing and shall not be merged therein.
3. A~L~. Any notice rsql~ired or permitted to be delivered
hereu~lder 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 ADult. 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. ~. 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 permittedby this Agreement.
. _6. Lea~l. Construct~e,' In case any one or more of the pro-
v~s~on? conca~ned in this Agreement shall for any reason be held
to De invalid, illegal, or unenforceoble in any respect, said in-
validity, illegality, or unenfor=eability 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 Aare~m~,ts Superseded. This Agreement constitutes
the sole and only agreement of the parties and supersedes any
prior ~nderstandinge or written or oral agreements between the
parties respsoting the within subject matter.
8. ~_.9~~. Time is of the essence in this
Agreement.
AEE008FE
PAGE 6
9. gender. Words o£ any gender used in this Agreement shall
be held and construed to include any other gender, and words in
the singular D-~er 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
A~jreement suitable £or filing o£ record.
11. Comnliance. In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that
it should be £urnished with or obtain a policy of title insurance
or Purchaser should have the abstract covering the Property
examined by an attorney o£ 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 day of , 1999.
SELLER PURCHABER
THE CITY OF DENTON, TEX~
215 E. McKinney
Denton, Texas 76201
AEE008FE PAGE 7
STATE OF TEXAS
COUNTY OF D~NTON
ent is acknowledged before me, on this ~ay of
,~)by Michael W. Jez, City Manager, of the City
municipal corporation, known to me to be the person
and offic~ whose name is s~scribed to ~he foregoin~ inst~en~
and ao~owledged to me the2 the s~e was the act of the said City
of Denton, Texas, a m~icipal co~oration, the2 he was duly
au2horized to per,om the s~e by appropriate ordinence of the
City Co,oil of 2he City of Denton and 2hat he execu2ed the
as 2he ac= of the said City for pu~oses and consideration
therein e~ressed, and in the capa~t7 therein s~ated. /
II[T~ Notn~P.hhcSta. nf~x. ~Ae State Of Texas
Deoember 19, 2002
STATE OF TEXAS
CODNTYOF D~NTON
This instrument is acknowledged before me, on this day of
, 1999 by Emory D. Groening.
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 ·ltu-.ted In tho
N. Il. Melsenheimer Survey, AbEt. 810, City and County of Denton, Texas,
being part of a Second Tract do~cribed in a deed from Charles Franks
to LouI· Greening on November 11, 1970, and recorded in Vol. 613, page
183, Deed Record· of said County, and being moro particularly described
as follow·:
B~GINNING ~t a steel pin on tho North right of way of Ilighway 77 at a
point N. 31" 37' 50" E. 30.0 foot and S. 58" 13' E 144 1 f~et from the
West Corner of said Second Tract;
TIICNC~ N. 31° 28' C. 139.92 tO a steel pin,
TII~NC= S. 58o 28' 28" E. 22.50 foot tO a steel pin;
THENCE S. l° 39' 30" C. along and near a chain link fence 167.80 fe~,t
to a ~te.l pint
THgNCE N. 58~ 13' W. 114.20 f~t to the place of bogtnnlng, containing
in all 0.220 acres of land.
SAVE & EXCEPT
BEING A PARCEL OF LAND SITUATED IN A ~ 0.220-ACRE TRACT OF LAND AS CONVEYED TO
EMERY D. GROENING, RECORDED IN VOLUME 89& PAGE 793, DEED RECORDS OF DENTON COUNTY, TEXAS
(DRDCT}, BEING ~iTUATED IN THE N.H. MEISENHBIdER SURVEY, ABSTRACT NO. 810, CiTY OF DENTON,
DENTON COUNT%', TEXAS, AND BEING MORE PARTICtJLARLY DESCRIBED AS FOLLOWS:
COMMENCING at a found 1/2-1neb iron md fer the mnhwaat comer of said Greening ~ac~ end the northeast
comer of a celled 0.228-·ere tract of land mnveyed to Albert B. Gtubb/, Sr. and wife, Margaret V. Gmbbs,
recorded in Velum· 842. P·ge 977, DRDCT;
THENCE S 31 · 44' 2E" W, ·long · Bt· common to .aid Gm·ning and said Gmbbe =re=to, · dlatance of 108 ES
feet to · ·et E/8-1nch Iron md ~ an alumirmm cel~ being the POINT OF BEGINNING, alas being · I=o:nt on the
new north right of way Ilne of U.S. 77;
{1} THENCE S E8° 11' 3B" E, eking the new north right of wey line of U.S. 77, · distance of
93.41 feet m a cot S/a4nah iron md ~ an Numinum ~ on the east line of said Greening a'act
and being on the west I~· of · 0.618-a~. ~a~t of land aa conveyed to C~eria· R Jackson,
reemded in Volume 1EBB, Page 214, DROGT;
(2) THENCE S 01 · 22' 3B" E, with th· Ik~ common to said Greening ~act and said Jackson tract.
· dlatanco ~f 37.88 feet te ·feund 1/24nah Into md being the couthsa~ corner of said Gmemng
~ being the couthweet ~mer of said J~on ~ and said I~elnt being on the exmtlng north
(3} THENCE NEB" 03' 18' W, w#h th· Fee commun to ceid Groaning tract and existing nenfl tight
ef way I~e of U.S. 77, I dbtance a~ 114.00 feet to · found 1/2~n~h iron md being ~e
leathwe~ =enter of .aid Gme~tg ~ and being the aeuthceet comer of said Gmbb/~ract;
(4) THENCE N 31~ 44' 2E' E, w#h the Ibc common to cold Greening ~raet and aaid Gmbbe tract.
· di~an~e of 31.27 feet t~ the POINT OF BEn, INNING, and containing 0.07E acre, er 3,255
~lUam feet of land, mom et leal.
BXHTBTT nB~
W~RRANTY DBED
Der,, I/-/V- re
Grentors EMORY D. GROEN~NG
Grantees City o£ Denton
Grantee's Mailing Address (including county) s
City o£ Denton
221 North Elm ~treet
Denton, Texas 76201
Denton, County
Considerations
EXGHT THOUSAND, FXV~ HUNDRED DOLL~RB ~ND NO/100 ($8,500.00) and
other good and valu~le consideration.
Proper2y (~nolud~n~ ~ ~rov~ente)~
All those certain tracts
Meioe~oimor ~u~e~, ~sbract No. 810, Denton Co~7, Texas and
beAng~re par~icularl~ described in nB~BXT A' a~ached here~o
and b~ ~hie re~erence being ~de a par~ hereo~ ~or all pu~oses.
Rese~a~ione FF~ and Exceptions ~o Conveyance and Warran~:
Basin,s, rights-of-way, and prescriptive rights, whether o~
record or no~; all presently recorded ins~en~s, o~her ~h~
~iens and conveyances, ~ha~ a~ec~
~OR , ~or ~he coneidera~ion, receip~ o~ which is her~y
ack--Isled, ~d s~ec~ ~o ~he rese~a~ions ~r~and excep~ions
~o conve~ce ~d warranty, grants, sells ~d conveys ~o ~r~ee
~he proper~, ~oge~hec wi~h all and ain~lar ~he rights and
appurtenances ~here~o in any wise belonging, ~o have and ~o hold
i~ ~o G~EB, ~BB'S heirs, executor, a~inis~ra~oFs,
successors or assize ~orever. ~OR binds ~OR ~d
~OR'S hei~e, executors, a~inis~ra~ors and successors ~o
need -~
warrant and forever defend all and singular the property to
GRANTEE ~nd GRANTEE[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.
435 ~reutzberg ~oad
Boerne, Texas 78006
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this __ day
of , 1999 by ~MORY D. GEO~NING.
Notary Public, in and for
the State of Texas
My Coamission Expires=
Deed-2