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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