HomeMy WebLinkAbout1996-056J \WPDOCS\ORD\USSERY ORD
NO. lD —0-5 �o
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND CHRISTINE USSERY
FOR THE PURCHASE OF REAL PROPERTY FOR LANDFILL PURPOSES;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That it approves the attached agreement between the
City of Denton and Christine Ussery for the purchase of real
property for landfill purposes and authorizes the City Manager to
execute the agreement on behalf of the City.
SECTION II That it authorizes the expenditure of funds in
accordance with the terms of the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the'L' day of 1996.
ATTEST:
JENNIFER WALTERS, CITY SECRETAR_
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: 't- /' a -xcz
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Christine Ussery
(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a
home rule municipality, of Denton, Denton County, Texas, (hereinaf-
ter 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, the tract of land containing ap-
proximately 4 acres of land situated in Denton County, Texas, being
more particularly described in Exhibit A attached hereto and
incorporated herein by reference for all purposes together with all
and singular the rights and appurtenances pertaining to the prop-
erty, 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 per-
sonal property situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth. However, it is expressly
understood that the seller may, at her own expense, remove the
following items from the property:
1.
2.
3.
4.
5.
Window curtains and rods;
Refrigerator,
Kitchen stove;
Television antenna and mast post;
Clothes lines and post.
Any of the above listed items not removed prior to vacating
property shall be forfeited to Purchaser.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of $72,000.
2. Payment of Purchase Price. The full amount of the Purchase
Price shall be payable in cash at the closing.
PURCHASERS OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions 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 pre-
liminary title report (the "Title Report") 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 re-
ceives the Title Report that the condition of title as set forth in
the title binder is or is not satisfactory, and in the event Pur-
chaser states the condition 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 and the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser; otherwise, this con-
dition shall be deemed to be acceptable and any objection thereto
shall be deemed to have been waived for all purposes.
2. Survey. Upon written request by Purchaser delivered to
Seller contemporaneously with Purchaser's delivery of an executed
original of this Agreement, Seller shall within twenty (20) days
from the date hereof, at Purchaser's sole cost and expense, deliver
to Purchaser 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 theievent 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
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing
PAGE 2
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, or trespassers.
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting 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. (a) 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 Environmen-
tal Response Compensation and Liability Act (CERCLA), as amended
(b) The City of Denton assumes the risk of and agrees to
indemnify and hold Seller harmless, and to defend Seller against
and from all claims, costs, liabilities, expenses (including
without limitation court costs and attorney's fees), or demands of
whatsoever nature or source for any defects or Environmental
Problems, latent or obvious, discovered or undiscovered, in the
real and chattel property to be conveyed hereunder, causing per-
sonal injury to or death of persons whomsoever (including without
limitation employees, agents or contractors of the City of Denton,
Seller or any third party), or causing property damage or destruc-
tion of whatsoever nature or contamination to the environment
(including without limitation property of the City of Denton or
Seller, or property in its or their care, custody, or control, and
third party property), arising out of acts, omissions or events
occurring after Closing.
(c) Seller assumes the risk of and agrees to indemnify and
hold the City of Denton harmless, and to defend the City of Denton
against and from all claims, costs, liabilities, expenses (includ-
ing without limitation court costs and attorney fees), or demands
of whatsoever nature or source for any defects or Environmental
Problems, latent or obvious, discovered or undiscovered, in the
real and chattel property to be conveyed hereunder, causing per-
sonal injury to or death of persons whomsoever (including without
limitation employees, agents or contractors of Seller, the City of
Denton or any third party), or causing property damage or destruc-
PAGE 3
tion of whatsoever nature or contamination to the environment
(including without limitation property of Seller or the City of
Denton, or property in its or their care, custody, or control, and
third party property), arising out of acts, omissions or events
occurring before Closing.
"Environmental Problems" means any cause or action under the
federal Comprehensive Environmental Response Compensation and
Liability Act of 1980 (as amended) and any cause or action arising
from similar federal, state or local legislation or other rules of
law, and private causes of action of whatever nature which arise
from environmental damage, toxic wastes or other similar causes.
MISCELLANEOUS OBLIGATIONS OF PARTIES
Seller shall be allowed to occupy the property until September
30, 1996, thereafter, seller shall pay rent at $400 per month, on
a month -to -month basis for a period not to exceed twelve months.
Seller shall not have the right to sublet or assign any of the
premises or any part thereof.
CLOSING
The closing shall be held at the office of Dentex Title
Company, Denton, Texas, on or before March 31, 1996, 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 Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements, assess-
ments, 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 Title Policy at
Purchaser's sole expense, issued by Dentex Title Company,
PAGE 4
Denton, Texas, (the "Title Company"), or such title company
as Seller and Purchaser may mutually agree upon, in Purch-
aser's favor in the full amount of the purchase price,
insuring Purchaser's fee simple title 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
Title Policy, 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 Seller;
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.
2. Purchaser's Requirements. Purchaser shall pay the full
cash purchase price to Seller at Closing in immediately available
funds.
3. Closing Costs. Through the date of Closing, Seller shall
pay all taxes assessed by any tax jurisdiction through the date of
Closing. Any taxes imposed, assessed or arising because of a
change of use of the Property after closing shall be paid by
Seller.
All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be equally shared 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.
PAGE 5
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.
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.
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, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the signature of the party.
4. Texas Law to AnDly. 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 provision hereof, and this Agreement shall be construed as if
the invalid, illegal, or unenforceable provision had never been
contained herein.
PAGE 6
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.
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 Seller within thirty (30) days
after Seller executes this Agreement and delivers same to
Purchaser, Seller shall have the right to terminate this Agreement
upon written notice to Purchaser.
DATED this day of , 1996.
SELLER
Chr :st ne Ussery
4215 Foster Road
Denton, Texas 76208
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PURCHASER
THE CITY OF DENTON, TEXAS
By:LZ J.90W`
WI-cT-TvYela
Acting City Manager
215 E. McKinney
Denton, Texas 76201
PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this a� day
of Vj2) \L"* 1996 by Christine Ussery.
90000000000000000000000000000000
o" ' �.� ROGER N WILKINSON og
O (\/,®� Notary Public Slate of Texas O
My Commission Expires OA 30 1998�
L00000000000000000000000
STATE OF TEXAS
COUNTY OF DENTON
NotaryPublic in and for Texas
This instrument is acknowledged before me, on this 6-e-'-A day
of 1996 by RICK SVHELA, Acting 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 in the capacity therein stated.
�ti Pvjks ELIZIIETH J WILLIAM8
MY COMMISSION IXPIRES
.4h V May 16,1007
J \WPI)CIM \USSERY K
�h'
Nota Publ and for Texas
PAGE 8
EXHIBIT "A"
ALL THAT CERTAIN
lot, hurt ut put eel of land nituated In Denton County, '1'axits, a putt of tho
Gideon Walker Sutvey, Absltact No, 1332, and being a pat of a 169i 69 uttc
tract described In Deed of 'Trust executed by W. 11, Edwatdrt, et at, to A I
Ileavet u, '1'runlea, t ecot ded In Vol, 09, Page 246 of the Deed of 'I t um Hot of dti
of Denton f`ounly, Texas, and being more particulatly described an fullown
1l1'1NNINU at the Intetnectlon of the East line of a Notth-South public tend and
the North line of an Eusl-Wont public road noar the Soulhetn moat Southwest
oornet of said 165.011 acre tract, said point being the Southern monl Southwest
cornet of "aid trael excluding any portion thereof lying within the confinctt of it
public road;
'r111SNCE North 112 deg, East with the East line of a Notth-South publit toad, J
total distance of 417.416 feel, a cornet;
'1'11ENCE Nast varallel with the North line of un East-West public toad fotntinp
the South line of thin It act, a total distance of 417.416 feel, a oornet ,
'I'IIENCE South 417.416 feel, a cornet;
,mENCE South parallel with the Went line of thin tract 417,416 feet, a totnct
In a fence line on the North line of an Last-Weut public road,
'111ENCE Went with the fence line on the North line of said public tond 417 416
feet to the place of beginning and containing 4 act es of land, exclusive of t ood-
wayn,
It Is expteenly undetelood and agreed this Is a correction Deed executed, ack-
nrwieged, deliveted and accepted In lieu of Deed from Alice Wilkerson to Petrl
A. Ussery and wife, Chrlsting Ussery, dated rebruary 17, 1965, teeotded in
Volumu 520, Page 202 of the Deed Itecords of Denton County, 't'exns, and iv
retroactive and effective as of February 17, 1965,
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A SETTLEMENT STATEMENT
US Department of Housing
and Urban Development
B Type of Loan
OMB No 2502-0265
1 ❑ FHA 2 ❑ Fill 3❑ Conv Unine I 6 File Number4 ❑ VA 5 ElCorm,Ins Cash95-1341D
C NOTE This form is furnished to give you a statement of actual settlement costs Amounts paid to
and by the settlement agent are shown Items marked ("p o c )" were paid outside the closing,
they are shown here for informational purposes and are not included in the totals
D NAME OF BORROWER THE CITY OF DENTON, TEXAS
ADDRESS OF SORROWERY 215 B. MCKINNE, OENTON, TX 76201
E NAME OF SELLER CHRISTINE USSERY
ADDRESS OF SELLER 4215 FOSTER ROAD, DENTON, TX 76208
P NAME OF LENDER'
ADDRESS OF LENDER
G PROPERTY LOCATION 4.0 ACRES OUT OF THE GIDEON WALKER SURVEY, ABSTRACT NO 1330, DENTON COUNTY, TEXAS
H SMLEMENTAGENT Dentex Title Company
PLACE OF SETTLEMENT 300 N. Elm, Suite 101, D2nt0h, Texas 76201
STACIE BOURLAND
I SETTLEMENT DATE 03/29/1996 PRORATION DATE: 03/29/1996
SUMMARY
y(OF BORROWER'S TRANSACTION
'}X�G$!•'lV,N!P�R71).�Ml�l6 = ��Lb1ROn
TRANSACTION
MMF�� R1M1iS}7��rxr Jv f Yi��'�tlr t .°e
101 Contract sale
,{K fyySUMMARY
�.�OyFSELLER'S
w,AfiAIStYR,( ewlT JYF'9iW�! i � l
price 72, 000.00
401 Contract sale price
72,000 00
102 Personal property
402 Personal property
103, Settlement charges to borrower 1,331.00
403
(ftM11AS 1400)
104
404
105
405
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE
We City/Town taxes to
406 City(Tcwn taxes to
107 County taxes to
407 County taxes to
108 Assessments at
4DS Assessments to
log School Taxes
4o9 School Taxes
110
410
ill
411
112
412
120 GROSS AMOUNT DUE FROM BORROWER P.
73.331 00
420 GROSS AMOUNT DUE TO SELLER ►
72,000 00
A1v1d11 # y�y
• 'IY
°8i >�LL ° . io 9ku i;o�
R 1� y
R Yf H!i T 1'yyf > ` �
Voq'
v
201 Deposit or earnest money
501 Excess deposit(see Instructions)
202. Principal amount of new l0an(s)
502, Settlement charges to sallar(Ilne 1400)
192.33
203 Existing Ioan(s) taken subject to
503 Existing Ican(s) taken subject to
204,
604 Payoff offirst mortgage loan
205
505 Payoff of second mortgage loan
200,
$a
207
507
200
Soo
209
509
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER
210 City/Towntaxes 01/01/1996 to 03/29/1996
70.61
510 city/Towntaxes 01/01/1996 to 03/29/1996
70 61
211 County taxes 01/01/1996 to 03/29/1996
36.33
511,county taxes 01/01/1996 to 03/29/1996
36.33
212 Assessments to
512 Assessments to
213,Sehool Taxes
202.51
513 School Taxes
202.51
214 1
514
216,
$is
218
Sle
217�
517
218
518
219
220 TOTAL PAID BY/FOR
TOTAL REDUCTIONS
BORRO WER ►
L522,0
309 45IN AMOUNT DUE SELLER ►
> tl�> rv�3G,�y.Y°�, S°
i �} �y ��} y�> i S4i°So'3Ai:NEi'EF.
'' §�CSy,n
501 78
301 Grose amount due from borrower (line 120)
"'
i�>S f4tlirAAVSI.!',T��4'flf•tfi3tP���t�iK
73,331 00 601 Gross amount due to seller (line 420)
72,000 00
302f Less amount paid bylfor borrower (tlrla 220)
309,45 1802 Lose tolai reductions in amount due seller (Una 520)
501.78
303 CASH (® FROM) ([a TO) BORROWER ►
73,021 55 603 CASH (® TO) (❑ FROM) SELLER ►
71,498 22
Previous Edition Is Obsolete
HUD-1 (3 86)
RESPA, He 4306 2
Page 1 of 3
2502
700 TOTAL
BASED ON PRICE @ %_
701 $ to
702 $ to
703, Commission Palo at swement
802 Loan discount %
ON Appraisal fee to
804 Credit report to
805 Lender's inspection tee
806 Mortgage Insurance application fee to
807 Assumption fee
am
809
810
all
812 DOES NOT PRINT
001 Interest from to E ( @ $
902 Mortgage insurance premium for mos to
903 Hazard Insurance premium for yrs to
904 Flood Insurance premium for yrs to
/clay
POC
z
PAID FROM
BORROWER'S
FUNDS
AT
SETTLEMENT
PAID FROM
SELLER'S
FUNDS
AT
SETTLEMENT
.4r�. n ... rn� e.ri •Y6MFFF5K ##IJ }'i
1001 Hazard Insurance
�FlMSFi.FR13' <> . `> Z.'.
r Y
months @ $
per month
1002
Mortgage Insurance
months @ $
per month
1003
City property takes
months @ $
per month
1004
County property taxes
months @ $
per month
1005
Annual assessments
months @ $
per month
1008
School Taxes
months @ $
per month
1007
months @ $
par month
100E
m..._ I .
1101
Escrow fee to
1102
Abstract or title search to
1103
Title examination to
1104
Title insurance binder to
1105,
Document preparation to PHILIPS & HOPKINS
1105
Notary fees to
75,00
1107
Attorney's tees to
(includes above Item numbers,
)
1106
Title insurance to Dentex Title Company
791 00
(Includes above item numbers 204 TO PHILIPS & HOPKINS FOR TITLE EXAM
1
1109
Lander a coverage $
1110
Owner's coverage $ 72,000 00 ( $791 00)
1111,
ESCROW NEE Dentex Title Company
85.00
85 00
1112
TAX CERTIFICATE TRW REDI PROPERTY DATA
32 33
1113
COPIES j FAX L.A. Dentex Title Cam an
II,pD
tt' p fi "<
1201
Rsoording fees Daed $15.OD Mortgage $ , Releases $
15.04
1202
City/County tax / stamps Deed $ Mortgage $
1203
State tax / stampa' Deed $ Mortgage $
1204
1205..yy��
1301
Survey to Kern Surveying Co.
429,00
1302
Pest Inspection to
1303
FED X( COURIER FEES
1304
1305
1308
1307
1308
1309
1400
TOTAL SETTLEMENT CHARGES (Enter on line 103, Section J and line 502 Section Iq
►
1.331 00
192 33
i95-1341D
Page 2 013
Thu CWle.�e eM o—r..._.n_,n
wa uw ac;;a`m NgA7n n
from other sources and cannot guarantee the accuracy thereof Any
Borrower/Purchaser understand that tax and Insurance proration and re
for current year, and in the event of any change for current year, all ne
r e escembletl that Information represvedenting the transaction from
the best Inforrnant'
tion avelleble
serves were based on figures er nforithe prae�d ng�mye reor supplied byylothers nd are eslUmetee cesaery adjustments must be made between Seller and Borrower directly
I hereby authorize the Settlement Agent to make expenditures and disbursements as shown and approve same for payment
I have carefully reviewed the HUD-1 Settlement Statement and to the best of knowledge and belief, It Is a true and accurate statement of all receipts and disbursements
made on my account or by me in this transaction I further certify that I have received a copy of the HUD 1 Settlement Statement
BORROWERS/P CHAS S SELLERS
THE CITY OF ENTON, E(ASCHRISTINE USSERY
BY RICK SVEHLA
The HUD 1 Settlement Statement which I have prepared Is a true and accurate account of this transaction I have caused or will cause the funds to be disbursed In
accordance with this statement
Settlement
Date 03/29/1996
WARNING It Is a crime to knowing)yy make false statements to the United States on this or any other similar form Penalties upon conviction can Include a fine or
Imprisonment For details see Title 18 U $ Code Section 1001 and Section 1010
1'ROCEEU5 FROM REAL ESTATE TRANSACTIONS (substitute IRS form logo-S)
The Information contained below and in Blocks E. G, H, and I Is Imporient tax Information and is being suppplied to the Internal Revenue Service If ou are
required to file a return, a negligence penalty or other sanction will be In on you If this Item is required to be reported and the IRS determines that is has not
been reported II this reel estate was our principal residence, file Form 2119, Sale or Exchan a of PdMat Residence, for any gain with your Income tax return, for
other transactions, complete the applicable parts of Form 4707 Form 6252 and/or Schedule D (Form 10401
We, the Sellers, divide and allocate the contract sales price as follows (no allocation required when husband and wife are the only Sellers)
NAME
ALLOCATION NAME
ALLOCATION
GROSS SALES PRICE S 72,000 00
❑ Check here it the Seller received or will receive property or services as part of the consideration
SELLER'S CERTIFICATION OF TAXPAYER INDENTIFICATION NUMBER (substitute W-9)
You are required by law to provide the Settlement Agent (see block H) with your correct taxpayer Indentlflcation number If you do not provide your Settlement
Agent with your correct taxpayer Identification number, you may be subject to civil or criminal penalties Imposed by law in the Tax Reform Act of 1986 under
Internal Revenue Code Sections 8045(e), 8676 5722 6723 and 7203
Under penalties of perjury I card that the number shown on this statement Is my correct taxpayer Indentificetlon number and that the allocation (if any) of the
sales price shown above is true an correct
SELLERS TIN SELLERS TIN
CHRISTINE USSERY
b95-1341D Page 3 of 3
A SETTLEMENT STATEMENT
US Department of Housing
and Urban Development
B Type of Loan
OMB No 2502-0265
I
1 ❑ FHA 2 ❑ FmHA 3 ❑Conv Unlne a FIR Number
4 ❑ VA 5 ❑ Conv Ins Cash 95-1341D
C NOTE This form is furnished to give you a statement of actual settlement costs Amounts paid to
and by the settlement agent are shown Items marked ("p o c )° were paid outside the closing,
they are shown here for Informational purposes and are not Included in the totals
0 NAME OF BORROWER THE CITY OF DENTON, TEXAS
ADDRESS OF BORROWER W E. MCKINNE, DENTON, TX 76201
E NAME OF SELLER CHRISTINE USSERY
ADDRESS OF SELLER 4215 FOSTER ROAD, DENTON, TX 76208
F NAME OF LENDER'
ADDRESS OF LENDER,
G PROPERTY LOCATION 4 0 ACRES OUT OF THE GIDEON WALKER SURVEY, ABSTRACT NO 1330, DENTON COUNTY, TEXAS
H,SWLEMENTAGENT Dentex Title Company
PLACE OF SETTLEMENT 300 N. Elm, Suite
101, Oentoh, Texas 76201
STACIE SOURLANO
I SETTLEMENT DATE 03/29/1996
PRORATION DATE
03/29/1996
yy�y�yj/�AySUMMARY OµFBORROWER'S TRANSACTION t KNY/yyy
11n(yt Mll'YArP F.1llY�+l�F� =
'>�''
MM !#M.�R! MMf�ltFl�l� RSY
R�pyS�UtMMM{A��RYY�OyF�y�S�EyLyLER'STRANSACTION
tl Y V ' $ �Ye1000 l.IYAYU1+�5 WJN io A "fill ,
101 Contract sale price
72,000 00 401 Contract sale price
72,000.00
102 Personal property
402 Personal property
103 Settlement charges to borrower
1,331.00 403
prom this 1400)
104
404
105
405
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE
108 CitylTown taxes to
4D8 City/Town taxes to
107 County taxes to
407 County taxes to
108 Assessments to
4D8 Assessments to
tog School Taxes
409 School Taxes
110
410
111
411
112
412
120 GROSS AMOUNT DUE FROM BORROWER ►
73,331 00
420 GROSS AMOUNT DUE TO SELLER ►
72,000 00
A 1N TAFA1fj S1i N� Ej'I
RRit'�b<o e°l'�Y<o(w'.8'°b
° lU Rii7 MRFn V �'n°r�'iegkd
201 Deposit or earnest money
501 Excess deposit(ses instructions)
202, Principal amount of now loan(*)
502, Sattlement charges to sellar(Nns 1400)
192 33
203 Existing loan(s) taken subject to
503 Existing loen(s) taken subject to
904
504 Payoff of first mortgage loan
205
505 Payoff of second mortgage loan
200
we
207
507
200
508
209
509
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER
210 city/rowntaxes 01/01/1996 to 03/29/1996
70.61
SID Clty/rowntaxes 01/01/1996 to 03/29/1996
70 61
211 County taxes 01/01/1996 to 03/29/1996
36.:3
511 Couutytaxas 01/01/1996 to 03/29/1996
36 33
212 Assessments to
512 Assessments to
213,Sehool Taxes
202.51
S73 School Taxes
202 51
214
514
216,
$is
216
616
217,
$17
218
518
2%
519
220 TOTAL PAID BY/FOR
520 TOTAL REDUCTIONS
BORROWER ►
309 45
IN AMOUNT DUE SELLER ►
501 78
° S LT ET1f lYlBh 11t71YF?! #11#Eit t:
`'a>n'H3 s e,-
CAMAT �
w`
301 Gross amount due from borrower (line 120)
73, 331 00
leo2
Dot Gross amount due to seller (line 420) jI
72,000 00
302 Less amount paid by/for borrower (line 220) I
309.45
Lose total reductions in amount due seller pine 520) {
501 78
303 CASH (® FROM) (❑ TO) BORROWER ►
73,021 55
603 CASH Q TO) (❑ FROM) SELLER ► I
71,498 22
Previous Edition 1s Obsolete HUD 1 (3 86)
RESPA, HS 4305 2
Page 1 of 3
r
700 TOTAL
No
°h=
701 $ to
702 $ to
703 Cammlaelon paid at settlement
704
601 Loan origination
802 Loan discount
803 Appraisal fee to
804 Credit report to
805 Lender a Inspection fee
806 Mortgage insurance application fee to
807 Assumption fee
Bob
809
810
811
812 DOES NOT PRINT
o�
eut interest mom / / to / / *$
902 Mortgage insurance premium for moo to
903 Hazard Insurance premium for yrs to
904 Flood Insurance premium for yrs to
POC
PAID FROM
BORROWER'S
FUNDS
AT
SETTLEMENT
PAID FROM
SELLER'S
FUNDS
AT
SETTLEMENT
1001
Hazard insurance months @ $
per month
1002
Mortgage Insurance
months @ $
per month
1003,
City property taxes
months @ $
per month
1004
County property taxes
months @ $
per month
1006
Annual assessments
months @ $
per month
1006
School Taxes
months @$
per month
1007
months @ $
per month
1008
months (a 3
oar month
1y01 Eserowfeeto
1102 Abstract or time search to
1103 TI6e examination to
1104 Title Insurance binder to
1106 Document preparation to P141LIPS & HOPKINS 75 00
1108 Notary fees to
1107 Attorney's fees to
(includes above Item numbers, 1
1108 Title insurance to Dentex Title Company 791 00
(includes above Item numbers 20% TO PHILIPS & HOPKINS FOR TITLE EXAM )
1109 Lender's coverage $
1110 Owner's coverage $ 72.000 00 ( $791 00)
1111 ESCROW FEE Dentex Title Company 85.00 85,00
1112 TAX CERTIFICATE TRW REDI PROPERTY DATA 32 33
1113 COPIES FAX L.D Dentex Title Cam an I1.00
1201, Ramrdingfees 00e0$15.00 Mortgage$
1202 Ciry/County tax / stamps Deed $ Mortgage $
1203 state tax / stamps, Dead $ Mortgage $
1204
fig
1302 Pest Inspection to
1303 FED X/ COURIER FEES
1304
1305
1306
1307
1308
and
rTI
M95-13410 Page 2 of 3
ry e d w ou�n,wx �lrurataFefe unoeret the Seltlame t Agent has assembled this Information represenllng the transactlon from the best information available
from other sources and cannot guarantee the accuracy thereof Any real estate agent or lender Involved may be furnished a copyy of thla Statement Seller end
BorroWer/Purchaser understand that tax and Insurance proretIons and reserves were based on figures for the preceding year or suppllad byy others and are estimates
for current year end In the event o1 any change for current year, all necessary adjustments must be made between Seller end Borrower tlirectiy
I hereby authorize the Settlement Agent to make expenditures and disbursements as shown and approve same for payment.
1 have carefully mvl5wed the HUD-1 Settlement Statement and to the best of knowledge and belief it is a true and accurate statement of all receipts and disbursements
made on my account or by me in this transaction I further certify, that I have received a copy of the HUD 1 Settlement Stetamwnt
BORROWE /PUI�LCH S Sz- I l
1 `rW
THE CITY OF DENTON, XA
BY RICK SVEHLA
SELLERS
CHRISTINE USSERY
The HUD 1 Settlement Statement which I have prepared is a true and accurate account of this transaction I have caused or will cause the funds to be disbursed in
accordance with this statement
Settlement Agent Date 03/29/1996
WARNING It Is a crime to knowing)yy make false statements to the United States on this or any other similar form Penalties upon conviction can Include aline or
Imprisonment For details see Title 1S US Code Section 1001 and Section 1010
PROCEEDS FROM REAL ESTATE TRANSACTIONS (substitute IRS form 1099-S)
The Information contained below and In Blocks E, G, H and I Is Important tax Information and Is being suppplied to the Internal Revenue Service If you are
required to file a return, a neggligence penaltyry or other sanction will be Imposed on you If this Item Is required to be reported and the IRS determines that IS has not
been reported If this real asfate was your princlpal residence, file Form 2119 Sale or Exchan a of PriclPa[ Residence, for any gain with your Income tax return for
other transactions, complete the applicable parts of Form 4707, Form 6252 and/or Schedule D (Form 1040)
We, the Sellers divide and allocate the contract sales price as follows (no allocation required when husband and wife are the only Sellers)
NAME
ALLOCATION NAME
GROSS SALES PRICE
Check here if the Seller received or will receive property or services as part of the consideration
ALLOCATION
S 72,000 00
SELLER'S CERTIFICATION OF TAXPAYER INDENTIFICATION NUMBER (substitute W-9)
You are required by law to provide the Settlement Agent (see block H) with your correct taxpayer Indenllflcatian number If you do not provide your Settlement
Agent with your correct taxpayer Identification number, you may be subject to civil or crlminel penalties Imposed by law In the Tau Reform Act of 1906 under
Internal Revenue Code Sections 6045(s), 6676, 6722 6723 and 7203
Under penalties of perjury, I certl that the number shown on this statement Is my correct taxpayer indentiflcation number and that the allocation (if any) of the
sales price shown above is true andcorrect
SELLERS TIN SELLERS TIN
HRISTINE USSERY
q95-1341D Page 3 of 3
ADDITIONAL CLOSING DOCUMENTS
TITLE COMPANYt DENTEX TITLE COMPANY
OF (FILE) NO.. 95-1341D
BUYERM: CITY OF DENTON
215 E. MCKINNEY, DENTON, TEXAS 76201
SELLER(S)t CHRISTINE USSERY
4215 FOSTER ROAD, DENTON, TEXAS 76208
LENDER: N/A
PROPERTY: 4 0 ACRES OUT OF THE GIDEON WALKER SURVEY, ABSTRACT NO 1330,
DENTON COUNTY, TEXAS
By Inidaling one or Mora of the following Items as may be eppropriala for this trinsAcIlOn. each SELLEItiand/or
BUYER acknowledges their understanding of the disclosures being made by TITLE COMPANY and affirms tha represellellons
made by them to TITLR COMPANY a Indicated Bach such disclosure or representation may Jointly benefit both TITLE
COMPANY and Its title Insurance undazweiter-in-interest.
Indivldutlr/entitles (denSingular reference to "Seller" and "Buyer" Includes multiplediled above. Any numbered team not applying to this transacton may be crossed out
B a's bit 1 1) WAIVRR OF INSPECTION. in the consideration of the Issuerece by TITLE
COMPANY to buyer of an Owner Policy of Title Insuranceilseuriug good
and indefeasible title to the Property subject to the poliey,s farms and conditions
DU hereby waives any obligation on the part of TITLE COMPANY to
Inspect the Property. Buyer agrees so accept an Owner Policy containing
the
following Schedule "R" exception: "11101IT3 OF PARTIES IN POSSESSION"
Within the meaning of this exception, "possession"
shall include open acts or
visible evidence of occupancy and any visible and apparent roadway or
easement on or across ail or any pan of the Property, but this exception does
not extend to any right, clalm, or Interest evidenced by
a document recorded In
the real 041810 records maintained by the County Clerk of the county in which
the Property Is located BUYER agrees 10 be fully responsible for Inspecting
the Property to determine the sights of any Party In possession and assumes full
responsibility for obtaining possession from its present occupants
Buysrs Wtials
2) OWNER TITLE REJECTION. Pursuant to the requirement of TEXAS
N/A
INSURANCE CODE Article 935. BUYER hereby acknowledges that the
Mortgage Policy ofTldaInsurance tobeIssued under the File number reftrenced
above, in consideration of $ paid in policy premium, win be
issued for the benefit and protection of the L911ft-01M and that such Policy
will not afford title insurance coverage to BUYER in the event of a defect in
the title to the real estate being acquired An Owner Policy in the amount of
S
shall be Issued for an additional premium coat of
S unless rejected by BUYER. BUYER HEREBY RRIECfS
THE ISSUANCE OF AN OWNER POLICY.
Seller's initials Buyer's initials
3) QUALIFYING POLICY PREMIUM PASS-THROUOii. BUYER has
N/A N/A
requested that the Owner Policy premium paid (or to be paid) by Seller In this
Iransscdon be applied to Issuance of an Owner Policy In favor of RUYBR's
transferee In a subsequent, qualifying transaction. BUYER understands that this
application of the premium will not result in Issuance of any Owner Policy in
favor of BUYER, end BUYER has rejected Issuance Owner
of an policy In
BUYER's favor SELLER HEREBY CONSENTS TO THiS APPLICATION
OP THE PREMIUM CHARGED AS AGREED UPON BY SELLER AND
BUYER
B er's a I
��
4) RECEIPT OF COMMTTMRNT BUYER acknowledges having received
and reviewed a copy of die Title
prollminery Commilm ent Issued in connection
with the above referenced transaction and understands that BUYER's Owner
Policy will contain the oxcepliont Sol forllt In Schedule "B" of the Commitment,
together with any additional exceptions to title sesulling from the documenta
Involved In this uansecllon
Buyor's initials 5) UNSURVEYED PROPERTY BUYER understands that no up -to data
survey of the Properly has been done In connection will, this transaction and that
_N/A the Owner Policy to be Issued to BUYER will not provide rile hisuranca
covers&* against encroachment of Improvements, boundary conflicts, or other
matter that would be found by a currant survey TITLE COMPANY has not
attempted to determine If die Property Iles in a special need hazard area, and
TITLE COMPANY has not made any representation concerning proximity of
the Properly In relation to any need plain or hood hazard area. BUYER is
advised that informadon concerning special flood hazard areas may be available
from county or municipal offleas, a qualified surveyor or land -engineering
Company. or a private flood plain consultant
- page i of 3 -
2*3
0�� 6a) ACCEPTANCE OPSURVEY. BUYER has received and reviewed a copy
of the survey of the Property made in connection with this transaction and
acknowledges being &wine of die following matters of encroachment / confilct
;discrepancy disclosed by the survey
Buyer's Inldals 6b) BOUNDARY COVERAGE. As proposed to be issued, BUYER's Owner
Policy will contain a general exception to any discrepancies or conflicts in &Fall
N/A or boundary lines, any encroachments, or any overlapping of Improvements
On payment of an additional 15% Owner Policy premium, policy coverage
ogdnl there mailers IS available, subject to TITLB COMPANY'' approval of
a current survey of the Property and wlibm" Bridling 'Pacific exceptions to
matters disclosed by the survey BUYER DECLINES TO OBTAIIJ THIS
ADDITIONAL COVERAGE
Seller's Initials ya•s Id 7) PROPERTY TAX PROBATIONS. Property lugs for the currant year have
fl �JI/ been printed between BUYER and SELLER, who each acknowedge
IL understanding that these proradons as hued either on tax amounts far the
preceding year or upon estimates of the oppraised value and/or "driveled t&i rates
for the current year SELLER &Ines that any default in prior payment of
Property taxes, either current or delinquent, will on demand be promptly
reimbursed by SELLER to TITLE COMPANY BUYER and SELLER! each
agree that, when amounts of the current years taxer become known and payable
(on or about October tat), they will adjust any matters of to proration and
reimbursement between themselves and that TITLE COMPANY shalt have no
further liability or obligation with respect to dhese proration
W's in 1� 9) TAX RENDITION AND EXEMPTIONS. Although the Central Appraisal
District (CAD) may independently determine BUYER'S new ownership and
07
billing address through deed record reseerch, BUYER Is Still obligated by law
to "render" Ills Property for laxadon, by notifying the CAD of the change in the
Property's ownership and of BUYBR's proper address for tax billing BUYER
Is advised that current yeu's taxes may have boon assessed on the basis of
various exemption obtained by SELLER (e g , homestead or over•65) To die
extent that BUYER may qualify to continue these exemption, It is the
responsibility of the BUYER to satisfy requirements of die CAD within the
period of time allowed BUYER &cknowhedges understanding these obliguion
and the fact that TITLE COMPANY assumes no responsibility for future
accuracy of CAD records concerning ownership, tax billing address, or status
of exemption i
Seller's Inldds uyer's s� , I VJ go) ACCEPTANCE OF REPAIRS. if SELLER and BUYER have previously
ry agreed upon SELLER'sobligation toPerform certain repahstoThe Property prior
to closing, both parties efRrm that all agreed upon repairs have been completed,
and BUYER accepts such repairs as being completed to BUYER's solisfacllon.
Sauer'sInitial$ years e���l) 9b) REPAIRS SUDSEQURNTTOCLOSING. ifSHLLBRandBUYERhave
agreed upon SELLER's obligation for certain repairs or other work effecting the
Property, to be performed after closing, both BUYER and SELLER each
acknowledge their understanding that TITLE COMPANY shall have no duly or
responsibility concerning completion, quality of workmanship or materials, or
Payment for such post closing rapalrS or work to or on the Property
HuyWs inldels 10) HOMEOWNERS ASSOCIATION. BUYER ackgowledges notification
that ownbrship of the Property Involves membership in a Homeowner's or
NIA Property Owners Association, to which monthly or annual dues or assessment$
will be owed that may be enforceable by a lien against the Property BUYER
understands that the association (or Its managing agent) should be contacted by
BUYBP directly to ascertain the exact amount of future dues or assessments
TITLE COMPANY disclaims any knowledge of, and her made no
representation with respect to, the Association &must budget, pending repairs
or deferred maintenance, if any, or other debts of the Association BUYER
accepts Solo responsibility to obtain such Information and verify its accuracy to
BUYER's satisfaction
Seller's initials B is Ird a li I 11) CLOSING DISCLAIMER. SELLER and BUYER each acknowledge
,A 1N understanding that the above referenced transaction has not yet "closed" At Oda
(1 time, any change In possession of the Property takes pines AT BUYER'S AND
SELLER'S OWN RiSK. THIS TRANSACTION iS NOT "CLOSED" UNTIL'
A) ALL TITLE REQUIREMENTS ARE COMPLETED TO THE
SATISFACTION OF THE TITLE COMPANY.
B) ALL NECESSARY DOCUMENTS ARE PROPERLY EXECUTED,
REVIEWED, AND ACCEPTED BY THE PARTIES TO THIS
TRANSACTION AND BY THE TITLE COMPANY.
C) ALL PUNDS ARE COLLECTED AND DBUVBRBD TO AND
ACCEPTED BY THE PARTIES TO WHOM THEY ARE DUB,
AND,
D) ALL NECESSARY DOCUMENTS ARB PILED OF RECORD iN
THE APPROPRIATE PUBLIC RECORDS
-Page 2of3-
Salic/'I Intel III
Tdlu'e laldd,
__LA
Rare's loldds
N A
Novel's 111441,
N/A
pool's Ie111814
N/A
8RI,LRR'S 810NATURR(S)1
CHRISTINE USSERY
STATR OP TUNAS
coin" OP�€UTL1H
1 1' , , , I
1�) IRS RRPORTINO, SELLEII Anknowltd9al havinl t&cciv&d It closing
carp once ilia
wl I, (ador/11axlsmeal ralul,11onr, lnfolmtllotatement to A o fret$ 01a I n l S• In
will 44 AMmlrllad to dig Inlcmal Ravanuo S,TYIPa, I S1/lsmanl
IT) ►YC[1►y a► DTIq or "us,c DN tOAN'AIAUIItn, lung bar•►y ,eAoa„led sa
ruNpt of a so y of p,, soaordai Dead of Truer alsorlaa 04 Soso ,soled
Ia ;--lnlse prop,rfYl ss 14 Dsed at Trutt being
Val a. a �..1 ya , a r•oard•4 to YPlora
��� Aeiar4• sf Depiep COrPIy,
11) A7MRTIgN AYIIOAYIT. AUYII 004 5111491 As hareby sebpso1641e Ihos
Ilia eseusq{laa laleru/ion (loop blsasq
tIIobsaN TaITsaAIsoIasegCaqUtIf, oAN/ 1 Ss.)14 /o rseosega usoynl InIPr►a11oplbetabove s/baoN oMere vldrol,llws/by a,,, t911PI4 and his TITAI ga •4
Iplorpselaa. Us lurthor aa1TgaAxNylsdAos, nougat•. tb•1 TITtA
Ca11rANT will ao/ be liable for ate, sasuraay of exah lalortu lea ant
sbss shelf b014 TITIII CoHrAlll b,rutua last ally sod sla /oral• eotlope
that aoy ,rise An, to 106441oats or 1Maaxi//, Ises 1af•roreoRe 11
soy Itaorspsoole/ •also over o•14 Inlartssla,, AUV94 ono IlllTa close
so look Is usl, allies or to Said llllala /er rooa11x416P
.
IT) yyaDlrT Of ANSTa1CT10119, bDYTb scbnoxte4104 1184104 r•s4Ivs4 a
Sop' at Ibs foolllalloot ,/lasetaa 0014 yropol(yl said uurla/l,ga
bolo# regarded to veto"$
1 Volume —Fss reAe 1 IscorJsvoloPsnt/a ounty,Ae
TIRS INSTRUMENT WAS ACKNOWI PDORD RRPORR MR ON TIIR
CHRISTINE USSERY
AND,
STATII OP TUNAS
COuRry DP DRNTON_
IIIly 'S SIpN TIIRRIS)I
I
BY RICK SVHELA
DAY OP --MARCH _ 19 96
NOTARY PI1RI IC, STAIR OPTOWAS
THIS INSTRUMENT WAS ACKNOWI RDORD RnPORR MR ON Tlln' •^'DAY OP MARCH 19 96
BYI RICK SVHELA, CITY OF DENTON
/LIIOTAA PI"IIQ 8TA971OPTRXAS
s4,y"d „i •� EWABEIH J WIUMMS
MY COMMISSION E%PINES
ft 18, 1097 1�T
,
� 1
WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
That I, CHRISTINE USSERY, a single person, of the County of
Denton and State of Texas, Grantor, for and in consideration of the
sum of TEN AND N0/100 ($10 00) DOLLARS and other valuable
consideration to the undersigned paid by the Grantee herein named,
the receipt of which is hereby acknowledged, have GRANTED, SOLD AND
CONVEYED, and by these presents do GRANT, bELL AND CONVEY unto THE
CITY OF DENTON, TEXAS Grantee herein, of the County of Denton and
State of Texas, whose mailing address is 215 E McKinney, Denton,
Texas 76201, all of the following described real property in Denton
County, Texas, to -wit
All that certain tract of land situated in the Gideon
Walker Survey, Abstract 1330, Denton County, Texas, being
a resurvey of a called 4 acre tract described in the Deed
to Perry A Ussery et ux recorded in Volume 606, Page 641
of the Deed Records of said County, as occupied on the
ground the subject tract being more particularly
described as follows
BEGINNING at the Southwest corner of the tract being
described herein at a 1/2" iron rod found for corner at
the Southwest corner of said 4 acre tract in the North
line of a road under apparent public use posted as Foster
Road,
THENCE North 00 degree 30 Minutes 00 Seconds East a
distance of 417 42 feet to a 1/2" capped iron rod set for
corner,
THENCE due East a distance of 417 37 feet to a cross tie
fence post for corner,
THENCE South 00 Degree 30 Minutes 00 Seconds West a
distance of 417 42 feet to a 1/2" iron rod found in the
North line of said Foster Road,
WARRANTY DEED, Page 1
THENCE due West a distance of 417 37 feet to the PLACE OF
BEGINNING and containing in all 4 00 acres of land more
or less
Reservations from and exceptions to conveyance and warranty
This deed is executed and delivered subject to all easements,
reservations, conditions, covenants and restrictive covenants as
the same appear of record in the office of the County Clerk of the
county aforesaid It is also subject to any outstanding oil, gas
and other mineral interest owned by others of record in the Office
of the County Clerk of the county aforesaid
TO HAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging, unto the said Grantee, its successors and
assigns forever, and I do hereby bind myself, my heirs, executors
and administrators to WARRANT AND FOREVER DEFEND all and singular
the said premises unto the said Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof
EXECUTED this 29th day of March, 1996
CHRISTINE USSERY
WARRANTY DEED, Page 2
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of
March, 1996, by CHRISTINE USSERY
aaPaazoaa�q'rtx xaaavanova
STACIE BOURLAND
NQTARY PUBLIC
OF TEXAS
Comm Exp 5 12 9B
' ogpuo+rosdae�.aw�pw+4
AFTER RECORDING RETURN TO:
City of Denton
215 E 'McKinney
Denton, Texas 76201
Attn: Rick Svhela
WARRANTY DEED, Page 3
NotarT Public, State of Texas
I
t3c,�.t,_i
Notary's Printed Name
My Commission Expires
r
ay `a k14dL1 m
r , ,.r
1
� �^' r " r
er i.,rr9aqucncaon
r�FC6mUaL sHSs
t a„,an
Filed for Record in.
DENTON COUNTY, TX
HONORABLE TIM HODGES/COUNTY
CLERK
On Mar 29 1996
At 3:09pm
Doc/Nupme 96-R00211332
WD
Recording: 9.00
Doc/Mgmt : 6.00
Receipt N: 9812
Deputy - CASSY