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HomeMy WebLinkAbout1999-274S�rHmIly Nlghwq 77""UlmU ORDINANCE NO AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND WC ORR, III, GENA ORR WILKS, DOROTHY ORR STOVAL, ROBERT EDMOND ORR, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF WALTER E ORR, SHARON ORR DUNCAN, AND CONNIE GRIFFITH, RELATING TO THE PURCHASE OF 1 370 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 40), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a Real Estate Contract between the City and W C Orr, III, Gena Orr Wilks, Dorothy Orr Stoval, Robert Edmond Orr, Individually ,and as Independent Executor of the Estate of Walter E Orr, Sharon Orr Duncan, and Connie Griffith, 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 1 370 acres of land for the expansion of U S Highway 77 (Parcel 40) 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 n i PASSED AND APPROVED this the / — day of �cr7� 1999 JA ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPRO ED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 64L r / 1 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between W.0 ORR, III, Gw+% ORR wxLxs, DOROTHY ORR STOVAL, Row= EDMOND ORR, INDIVIDUAL and as INDEPENDENT EXECUTOR of the ESTATE of WALTER E. ORR, SHARON ORR DUNCANVandCONNIE GRIBFITH (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton Cc ty, Texas, (hereinafter referred to as "Purchaser"), upon a terms and conditions set forth herein. THE ESTATE OF MARILYN B. SLAUGHTER ORR 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 prop- erty, 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 June 11 1999 shall become property of the City of Denton, Texas. I• A. ] «.. 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of 071,588.00. 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 dame 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 3 Seller's Compliance Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and AEE008FE PAGE 2 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 beat 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 beat 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 June 30, 1999, 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") CLOSING REQUIREMENTS 1 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 "8" conveying good and marketable title to all of AEE008FE PAGE 3 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. H 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 sub3ect 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", 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. AEEOOSFE PAGE 4 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 paidiby Purchaser and Seller REAL ESTATE 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 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 this Agreement by written notice delivered to purchaser MISCELLANEOUS 1 Assignment of Agreement. This Agreement may 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 AEEOO8FE PAGE 5 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 in- validity, illegality, or unenforceability shall not affect any other prrovision 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 sub3ect matter 8 Time of Essence. Time is of the essence in this Agreement 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 Purchasers own selection AEE008FE PAGE 6 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 SELLER W C ORR, III QL&NA oma Wl I KS ` P. o A ORR WILRS AEE008FE PAGE 7 PURCHASER THE CITY OF DENTON, TEXAS Cs. E , Texas 76201 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 SELLER _ ............ -�• t ■� • AEE008FE PAGE lie , 1999 Ca 4-Y MaAft ger D on, 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 D- r /\#� C..' - ROBERT EDMONYORR, INDIVIDUAL and as INDEPENDENT EXECUTOR of the ESTATE of WALTER E ORR if/bO1.tJ �jy1/�LCtit�.� SHARON ORR DUNCAN AEE008FE PAGE f 9 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 4h9&F2 _B'r 0-t--@R'R; -III e W ez 1 nonnmHv p�gg gmnV_r YOM WON)" AEE008FE PAGE J 10 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 SELLER W C. ORR, III Q-eNA OAR Wl I KS C, ; A ORR WILKS day of 1999 WILLIAM D. RUCKMAN, ADMINISTRATOR FOR THE ESTATE OF MARILYN B. SLAUGHTER ORR AEE008PE PAGE f 1t f�A; - 13 STATE OF TEXAS COUNTY OF DENTON Thi inatr ent is acknowledged before me, on this /I>, day of , 1999 by Michael W Jez, City Manager, of the City of De on, 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 pu ses and consideration therein expressed, and in the capacity 3:::4 ^oi4' ANN FORSYTHE Notary Public in d £or l( �/ Notary Publlo, Bute of Tewae the State of Texas My Cnmmioalon Ewpina MAY 0, 2002 4, STATE OF TEXAS COUNTY OF DENTON T is instrument is acknowledged before me, on this a44b day of 199a by W C ORR, III GLORIA T EBERT . . NaaryaublaBMeaTewr myftff Mepne ifot4ry Public in and for MARCH 4, 2W3 t State of Texas STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this o�4441day of —, 199L by GENA ORR WILKS s GLORIAT EBERT Naafi Pu k SM of Ta n mycpnai' *1 Bow MARCH 4, 2WI AEEOOSFE PO)Lary Public in and for e State of Texas PAGE V. STATUTORY DURABLE POWER OF ATTORNEY FOR GENA ORR WILKS 1, Gena Orr Wdks, appoint William C Orr, 111, as my agent (attorney -in -fact) to act for me in any lawful way with respect to the following subjects listed in A through M A real property transactions, B tangible personal property transactions, C stock and bond transactions, D commodity and option transactions, E banking and other financial institution transactions, F business operating transactions, G insurance and annuity transactions, H estate, trust, and other beneficiary transactions, I claims and litigation, J personal and family maintenance, K benefits from social security, Medicare, Medicaid, other governmental programs or civil or military service, L retirement plan transactions, M tax matters I understand that these subjects are defined in the Durable Power of Attorney Act, Chapter XII, Texas Probate Code I intend for my agent to have all of the powers in relation to each subject as described in the Durable Power of Attorney Act Ourable Power of Attorney for Gene Orr Wilks page 1 13 In addition, my agent will have the authority to make gifts of assets not required for my support for the purpose of establishing or continuing a plan designed to minimize income, estate, inheritance or other taxes payable by me or as a result of my death Such gifts may be made to my descendants, any devisee named in my last will, or any charity qualified to receive deductible gifts under the Internal Revenue Code These individuals authorized to receive gifts shall include my agent My agent shall also have the power to lease real property for oil, gas, and mineral purposes, to make contracts for mineral developments, to make pooling and unitization agreements, or either, all on such terms and with such agreements as my agent deems proper or necessary This document is to be construed as a general power of attorney vesting in my agent complete and absolute authority, without my joinder or consent, to transact for me and on my behalf any and all business I might transact if personally present and acting Any transaction completed on my behalf by my agent will be binding upon me, my estate, and my successors and assigns My agent may execute affidavits as set out in the following sections quoted from the Durable Power of Attorney Act Sec 487 AFFIDAVIT OF LACK OF KNOWLEDGE OR TERMINATION OF POWER, RECORDING (a) As to acts undertaken in good faith reliance on the durable power of attorney, an affidavit executed by the attorney in fact or agent under a durable power of attorney stating that the attorney in fact or agent did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation, by the principal's death, or by the qualification of a guardian of the estate of the principal is conclusive proof as between the attorney in fact or agent and a person other than the principal or the principal's personal representative dealing with the attorney in fact or agent of the nonrevocation or nontemmnation of the power at that time (b) As to acts undertaken in good faith reliance on the durable power of attorney, an affidavit executed by the attorney in fact or agent under a durable power of attorney stating that the principal is disabled or incapacitated, as defined by the power, is conclusive proof as between the attorney in fact or agent and a person other than the principal or the principal's personal representative dealing with the attorney in fact or agent of the disability or incapacity of the principal at that time I request that any person dealing with my agent under this durable power of attorney accept these affidavits as conclusive as required by the act This power of attorney is not affected by my subsequent disability or incapacity I realize that this power of attorney will become effective on the date it is executed ,I Durable Power of Attomey for Gene Orr Wilke page 2 �i I agree that any third party who receives a copy of this document may act under it Revocation of the durable power of attorney is not effective as to a third party until the third party receives actual notice of the revocation I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney If any agent named by me dies, becomes legally disabled, resigns, or refuses to act, I name the following (each to act alone and successively, in the order named) as successor(s) to that agent Successor 1 Dorothy Orr Stovall Signed this J �"tay of 0, 1996 I State of Texas County of Denton Gena Orr Wilks 2500 Hinkle Drive Apartment 320C Denton, Texas 76201 SS# 136-28-4683 This document was acknowledged before me on O �J 9 1996, by Gena Orr Wilk �••�• * fMLMOMM (Sean Newt' PW.% awe of Tom UFO, Wabowkstim J � Durable Power of Attomey for Gene Orr Wllks page 3 STATE OF TEXAS L COUNTY OF SENT= Tu r✓�`'K�T This instrument is acknowledged before me, 199_E by DOROTHY ORR TOVAL ITpbtary Pdtle * STATE OF TEXAS o Notary P 7kY Curt Exp 0'am the 3ta COUNTY OF This instrument is a, , 199 by COUNTY of This instrument is a 199_ by TEXAS COUNTY This instrument is a 199_ by on this day of lic in and for of Texas before me, on this day of ND ORR Notary Publa.c---s i a the State of Texas before me, on this day of DUNCAN Notary Public iT-% and for the State of Texas before me, on this Notary Publf the State of /b AEEOO8FE PAGE X day of TEXAS COUNTY This instrument is knowledged before me, on this day of 199_ by DORQT.HY ORR STOVAL Notary P3 the State STATE OF TEXAS n COUNTY OF ..DEAN- a a C, CC R 1kry" in and for This instrument is acknowledged before me, on this L day 1991 by ROBERT EDMOND ORR PEGWA IDAV"RNPORTNotory Publale of T�wae Nota ublic in a for My Commbslonim 9152002 the state of Texas STATE OF TEXAS COUNTY OF DNNWN 44-11 V-J "" This instrument ,442r,l , 199 is q acknowledged by SHARON ORR before me, on this DUNCAN 1Y4 ADRIAN C LEAL e Notary Pubho, sta of Twm My001111 kn1PMp JUNE 26,1W OF TEXAS This instrument is a, 199 by G es Notary Public in and for the State of Texas before me, on this Notary Public in the State of Texas AEE008FE PAGE 011 for of day of day of STA TEXAS COUNTY OF D N This instrument is ac wledged before me, on this 199_ by DORO`TH1,'0RR STOVAL Notary Pub1 n and for the State of Te s STA TEXAS COUNTY OF D a T4 This instrument is a 199 by STATSQ0F TEXAS COUNTY O NT This instrument is ask 199 by S STATE OF ''3 LQUIS(QMG / COUNTY OF DFN=N C)U"'jA before me, on this ND ORR Notary Public in-, the State of Texa edged before me, on this W- ORR DUNCAN for Notary P is in and for the State o exas day of day of day of TboAs instrument is acknowledged before me, on this - day of 1999 by CONNIE GRIFFITH Notary the Sta AEE008FE PAGE j if tic in and fo"r of STATE OF TEXAS COUNTY OF SENT= This instrument is acknowledged before me, on this day of 199E by DOROTHY ORR TOVAL `•00m @iFLP C FAARCORC( �4Y� Notary POM rzL. " STATE of TEXAS Notary P lic in and for -�• -^^ ^� the Stat46 of Texas STATE TEXAS COUNTY This instrument is -'& 199_ by OF TEXAS This instrument is acknkkk ow,lg 199_ by SHARON STATE OF TEXAS COUNTY OF "iM1gv() [gad before me, on this day of EDMOND ORR Eqi the State of before me, on this day of UNCAN Notary Public in -Infor the State of Texas ~1�4 This instrument is acknowledged before me, on this 3 day of At&(oWT , 199q by WILLIAM D. RUCKMAN, ADMINISTRATOR FOR THE ESTATE OF MARILYN B. SLAUGHTER ORR 711�1� ER � ca�\ IC Not ry Public in and for !�y ` AS the State of Texas Vy M27 00 Y rry Yr r1 i9 AEE008FE PAGE 16 EXHIBIT "A" County Depton Highway U.S. 77 Project Limits: From I.H. 35 To U.S.380 CSJ: 019T Account. FIELD NOTES FOR PARCEL 49 Page 1 of 1 Rev October 27, 1994 BEING A TRACT OF LAND CONVEYED TO W.C. ORR, RECORDED IN VOLUME 197, PAGE 75, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE B B B & C R.R. SURVEY, ABSTRACT NO 188, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING for reference at a found highway monument being the most easterly northeast comer of a 128.691-acre tract of land conveyed to Bob E. Tripp and David E. Tripp (Tripp tract), Trustees, as recorded in Volume 996, Page 376, DRDCT, and said point being on the west right of way line of FM 2164, THENCE S 000 53' 06" E, along the east line of said Tripp tract, a distance of 101 54 feet to an angle point, THENCE S 000 19' 08" E, continuing along said line, a distance of 33.30 feet to an angle point; THENCE S Ot ° 01' 52" W, continuing along said line, a distance of 723 70 feet to a point being the northeast corner of said Orr tract and the southeast corner of said Tripp tractand said point being the POINT OF BEGINNING and being in the west right of way line of F.M. 2164; (1) THENCE S 010 01' 52" W, along a line common to said Orr tract and existing west right of way line of FM 2164. a distance of 124.06 feet to a point being the southeast comer of said Orr tract, and said point being on the existing north right of way line of FM 2184, (2) THENCE N 890 10' 48" W, along a line common to said Orr tract and FM 2164, a distance of 426.18 feet to a found wood monument being the southwest corner of said Orr tract, being on the existing north right of way line of FM Road 2164 (80 foot right of way), on the existing east right of way line of U.S. 77, and said point being in a non -tangent circular curve to the left having a radius of 383.31 feet; (3) THENCE northwesterly, along said curve to the left common to said Orr tract and existing east right of way line of U.S. 77, through a delta angle of 240 05' 56", an arc distance of 161 22 feet, and having a chord which bears N 390 67' 36" W, a distance of 160.03 feet to an angle point, (4) THENCE N 620 00' 33" W, a distance of 11.08 feet to the northwest corner of said Orr tract and southwest comer of said Tripp tract, (5) THENCE S 880 46' 32" E, along a line common to said Orr tract and said Tripp tract, a distance of 540.00 feet to the POINT OF BEGINNING, and containing 1.370 acres, or 69,667 square feet of land, more or less John F. Wilder, R.P.L S Texas No. 4285 W Date D-2462AEV