HomeMy WebLinkAbout1994-205Et\WPD0CH\0RD\EXCHANGE.PR0
NO. V v
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
PROVIDING FOR THE EXCHANGE OF CERTAIN REAL ESTATE OWNE
D
WHEREAS, the City of Denton, in accordance with the
requirements of TEX. LOC. GOV'T CODE ANN. §272.001 (Vernon 1988),
has advertised that for the exchange of a certain tract of real
property for another tract of real property located adjacent to
the west side of the City of Denton Spencer Road Power Plant
property; and
WHEREAS, the City Manager having recommended to the City
Council that the said exchange of land be approved; and
WHEREAS, in accordance with Sec. 12.04 of the City Charter,
the Council hereby finds that the property described above is not
essential to continued effective utility service; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council of the City of Denton,
Texas, approves the contract between the City of Denton and
Terrano Realty, Inc. providing for the exchange of real property
described in the contract, a copy of which is attached hereto as
Exhibit "A" and incorporated by reference herein.
SECTION II. That the City Council hereby authorizes the
City Manager to execute any and all documents necessary to
consummate the exchange of real property in accordance with the
contract, and the expenditure of funds incidental to said
exchange.
SECTION III. That Ordinance No. 94-196 passed and approved
October 18, 1994 is hereby repealed.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the/ day of I ,
1994.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY• "' � x cI
PAGE 2
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XXCE1 M CONTRACT
STATE OF TRXA8
COO Ty Or DENTON
/1002/011
THIS EXCHANGE CONTRACT thereinafter "Contract") is made ag of
by and between TFRRANO RMUTy, INC.
ereinaftor referred to as ^PurcheRor") and CITY OP DENTON, TEXAS, a home rule municipality, of Denton, Denton county, Texas, (harein-
after referred to as -City.), upon the terms and condit.ione Set
forth herein.
EXCHANGE ACRF,Et41;14T
WHEREAS, Purchaser hat an option to purchase that certain tract
of land situated in Denton County, Texas, and being more partl,v-
lariy described in Exhibit A ("Tract A°) attached hereto and
incorporated herein for all purposes, pursuant to a contract from
J'owe'.11 M. Owens Parham, Individually and Executrix of the Estate of
Robert H. Parham to Tom Pouts, Trustee, from this transaction a
deed to Tom Fouts, Trustee; Contract from Tom routs, Trustee to
Torrano Realty, Inc., from this transaction a deed to Terrano
Realty, Inc.; :utd
WRFREAS, Citx owns that certain tract of land situated in
Denton County, Texas and being more particularly described in
Exhibit n ("Traeb no) attached hereto and incorporated berain for
all purponoaj and
w1I1:1tBX9, Purchaser wishes to acquire Tract B and City wishes to
acquire Tract A; and
WHEREAS, City is willing to convey Tract B upon the terms and
conditions contained herein; and
WHEREAS, Purahaser is willing and able to convey Tract A upon
the terms and conditions contained hereial
NOW, THEREFORE, for and In consideration of the sum ut Ten and
11v/100 Dollars ($10.00y in cash to each paid in hand by the other,
Chq receipt and sufficiency of which is hereby acknowledged and
confessed, and of the mutual agreements ennrained heroin, Purchaser
and City hereby agree as follows:
• ..r• :•t. I' r
Upon the terms and conditions contained herein, Purchaser
agrees to convey Tract A to City, and City agrees to Convey
Tract B to Purrchaaer.
Q002
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A. Between October 13, 1994 and the closing date, Purehas-
or agreaa that neither Purchaser or its prodacessore in
title to Tract h will not, through affirmative actions
taken after October 13, 1994 create any rdditional ancum-
branca attantfng Tract A without tha express prior written
consent of City. City agrees that City will not withhold
consent to a prvpvued additional ennumbrance affecting
Tract A it such proposed additional encumbrance has no
material, adverse effect upon the value, development, or
use of Tract A. if Purchaser through affirmative actions
takan after October 13, i994 does create any additional
encumbrance affecting Tract A without the express prior
written consent of City, Purchaser shall be required to
remove any such additional encumbrance at PurchaearIN sole
cost and expanse prior to or at the Closing.
A. Between October 13,. 1994 and the closing date, City
agrees that City will not through affirmative actions taken
after October 13, 1994 create any additional encumbrance
affecting Tract A without the express prior written consent
of Purchaser. Rurchaser agrees that Purchaser will not
withhold consent to a proposed Additional encumbrance
affecting Tract S if such proposed additional encumbrance
has no metarial, adverse effect upon value, development, or
use of Tract B. xf city through affirmative actions taken
after October 13, 1994 done ureate any additional euCum-
brance affecting Tract B without the exprmae prior written
consent of Purchaser, City shall be required to remove any
such additional encumbrance at City's sole cost and expense
prior to or at the time of Closing.
The eloslng shall b.a held at the office of Southwest Title
Company, 4230 W Freeway, Suite 121, Dallas, Texas, all ar
before , or at such time, date, and place
as City and pure seer may mutually agree upon (which date
is herein referred to ao the "closing date*).
pyl,LyAI:y Qf nrpdn. rna.ment Aaraemanr andRoeeession.
A. At the Closing, Purchaser ,halls (i) oxeouta, acknowl-
edge and deliver to City a General warranty need convdylag
Tract A to City (the "Purchaser Deed"), (ii) deliver
possession of Tract A to City; (iii) pay City Ten Thousand
and 00/100 Dollars ($10,000.00) in cash; and (iv) supply
City a• Commitment for Title Insuranco wltn terms anc con-
ditions of the commitment idential to those Contained in
the Commitment issued on June 23, 3.994 (r-354010-R) with
revisions to paragraph three (3) of Schedule A reflecting
PAG$ 2
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C171' OP DCNIOY
14004/011
record title veoted in Torrano Realty, Inc. and deleting
paragraphs five (s) and six (6) on Schedule C.
B. At. the Cloning, City shall+ (1) executp., acknowledge,
and delivor W Purchaser a General Warranty Deed Conveying
Tract 8 to Purchaser (the "City Deed")1 and (11) deliver
po4eeseion of Tract B to Purchaser.
C. At the Closing, Purchaser and City shall execute,
acknowledge, and de'livor, each to the other, that certain
Easement Agreement (heroin oo called) whereby Purchaser
grants to City an easement over and across land owned by
Purchaser, w�zah easement to be for the benefit at Tract A.
5. Pronerty Tax Liability.
Purchaser hereby Agrees that Purchaser will pay all 1994
property taxes levied or assessed against Tract A.
6. Q.ft1Pg Colitm•
A. Purchaser will pay the filing fees for the City Deed,
and City w,,0 1. pay the filing fees for Ow Purchaser Dead.
B. If purchaser desir«a to obtain a title insurance policy
covering Tract B, Purchaser shall pay the premium therefor,
if City wishes to obtain a title insurance policy covering
Tract A, City shall pay the premium therefor. If only one
party desires such title insurance, that party may select
the title company. If both parties desire title insurance,
than it is agreed that the title insurance company shall be
Southwest Title Company-
(;. If there are any closing costs not allocated to
Purchaser or City horein, such closing costs shall be paid
by the party incurring same.
WITOW-445...:
A. For a period from or.F.ober 13, 1994 to the date of
cloning, Purchaser agrann to allow city to enter upon Tract
A for the purpose of inspecting the same, and for the pur-
poso of conducting such environmental teats, feasibility
studies, and other tests or studies the City deems advis-
able. If. City, in City'e Cole di.ecretion, is not satisfied
with such insp++ctionu, testu or studies, City may terminate
this Contract by giving written notice of termination to
Purchaser twenty-four (24) hours prior to date of closing.
in the event City terminates this Contract pursuant to this
paragraph 7, City agrees to rdsuore Tract A substantially
to its condition prior to city'" entry.
PAGE 3
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07/21/95 14:20 PAX $173821644 TON.FOLTS. RRALTO ® 0U5
07/22/Ob 11:47 'YtB8276806Y�8
CITY OF DENTON
Q DOB/ 011
B. For a period from October 13, 1994 to the date of
closing, city agrees to allow Purchaser to enter upon Tract
8 for the purpose of inspecting the same. if Purchaser, in
Purchaser's sole discrotion, io not satisfied with such
inspections, Purchaser may terminate Lhla Contract by
giving written notice of termination to City Cwenty-tour
(21) hours prior to date of closing. in the event Purchas-
er terminates this Contract pursuant to this paragraph 7,
Purchaser agrees to rcotoro Tract A oubotantially to its
condition prior to Purchaser's entry.
h6pi�8At�it.iGYLS..BuiS�..%�.F.aFlki @.�
A. Purchaser ropresents there are no toxic or hazardous
wastes or materials on or within Tract A. Such toxic or
hazardous wastes or materials include, but are not limited
to, hazardous mar.eri.ale or wastes as same are defined by
the Resource (;oneervation and Recovery Act (RCRA), as
amended, and the Comprehenol.ve Environmental Response
Compenuation and Liability Act (CBRCLA), as amended.
A. with respect to Tract A, the City of Denton assumes the
rink of and agrees to indvmn4ky and hold Purchaser btrm-
less, and to defend Purchaser againat and from all claims,
costs, liabilities, expenses (including without limitation
court Coate and attorney, s fees), or demands of whatsoever
nature or source for any detects or F=vironmental Problems,
]atenn 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, Purchaser or any third party), or causing
property damage or destruction of whatsoever nature or
contamination to the environment (including without
limitation property of the City of Denton or Purchaser, or
property in its or their care, custody, or control, and
third party property), arisinq out of acts, emissions or
events occurring after Closing.
C. With respect to TrACt A, Purchaser assumes the risk of
and agrees to indemnity and hold the city of Denton harm-
less, and to defend the City of Denton againet and from all
claims, costs, liabilities, expenere (including without
limitation court Costs and attorney fees), or demands of
Whatsoever nature or source for any defects or Environ-
mental Problems, latent or obvious, discovered or undiecov-
tred, in the real and chattel property to be conveyed here-
under, causing personal injury to or death of pwrsnns whom-
soever (including without limitation employees, agents or
contractors of Seller, the City of Denton or any third
party), or causing property damage or destruction of what-
soeVer nature or contarainatl.nn to the environment (inolud-
ing without limitation property of Purubbujor or the City of
PAGE 4
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O7e2t/83 12 N 7 088173838240
CITY OF PrNTON
Z008/O11
Denton, or property in its or their care, custody, or con-
trol, and third party property), arining out of acts,
omissions or events occurring before Closing,
D. with respect to 'Craft A, the Purchaser assumes the risk
of And agrees to indemnify and hold City harmless, and to
defend City against and from all claims, coats, liabili-
ties, expenses (including without limitation court coete
and attorneys face), or demands of whatsoever nature or
source for any defects or Environmental Problems, latent or
obvious, discovered or undiscovered, in the real and chat-
tel property to be conveyed hereunder, rausing personal
injury to or death of persons whomsoever (including without
limitation employees, agents or contractors of the City of
vetlton, Purchaser or any third party), or causing property
damage oz• devtvuct.icu, of whatsoever nature or contamination
to the environment (including without limitation property
of the City of Denton or purchaser, or property in its or
their care, custody, or control, and third party property),
arising out of acts, omissions or events occurring after
Closing.
E. with respect. to mrart. n, the City of Denton assumes the
risk of and agrees to indemnify and hold the Purchaser
harmless, and to defend this Purchaser -against and from all
claims, costs, liabilities, expenses (including without
limitation court costs and attorney fees), or demands of
whatsoever nature or source for any defects or &I%riron-
mental Problome, latent or obvious, discovered or undiscov•
Bred, in the real and chattel property to be conveyed here-
under, causing personal injury to or death of persons whom-
soever (including without limitation employees, agents or
contractors or Seller, rho city of Denton or any third
pasty), or causing property damage or deDLruutivn of what-
soever nature or contamination to the environment (includ-
ing without limitation property of purchaser or the City of
Penton, or property in its or their care, custody, or
control, a21d third party property) , arising out of acts,
omissions or events occurring before Closing.
"Environmental Problurt,a mewls any cause or action under
the f.pderal Comprehensive Enviroamental Reuponse Colspensa-
tion and Liability Art of 19BO (as amended) and any cause
or notion arising from nimil.ar federal, state or local
legislation or other rules of law, and private causos of
action of whatever nature which arise from environmental
damage, toxic wastes or other similar causes.
A. Pour (a) days prior to closing, City agrees to furnish
to Purchasar, and if necessary, Purehaserts Title Company,
written evidence of the authority of the party(s) executing
PAGE 9
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TOX FOUTS RF.ALTO
C171' OF DCNTON
0007/011
0007
this Contract on behalf of the City. City agrees to
furnish to Purchaser, and it necessary, Purchaser's Title
Compat,y, at or prior to the Closing written evidence of the
authority of the party (a) executing the City Deed on behalf
of the City.
S. Pour (4) day�rior to clos,i,49, Purchaser agrees to
furnleh Gv-TInq—' and- 1£ necessary, City' a Title Company,
written evidence of the authority of the party(s) executing
this Contract on behalf of Purchaser. Purchaser agrees to
furnish to City, and if necessary, City's Title Company, at
or prior to the cloning written cvidcncc of the authority
of the party(s) exeouting the Purchaser Deed on behalf
Purchaser.
Any of the representations, warranties, covenanto, and
agreements Of the partieu, as well as any rights and
benefits of the parties, pertaining to a period of time
following the closing of the tranaactions contemplated
hereby shall 9urv;vA the closing and shall not be merged
therein.
GR L tw.E.�FiT�
Purchaser and City warrant and represent to each other that
no real estate brokers', agnnt.a', or finders' fees or
commissions are due arising in connection with the exchange
of Tract A for Tract B, from the execution of this Contract
or from the consummation of the transactions contemplated
herein, and each party hereto hereby agrees to indemnify
and hold the other party harmleae from claims made by any
person for any such fees, commissions or like compensation
claiming to have dealt with the party no indemnifying the
other.
12. Remedies..
if Purchaser breaches any of the agreements of Purchaser
contained in this Contract and such breach is not cured
within fifteen (15) dapps after City has delivered written
notice thereof to Purchaser, City at City'a election may
either terminate this Contact; or leek all other remedies
set forth in thin Contract or available at law, in equity,
or by statute, including specific performaneel provided,
however, if Purchaser is unable to deltvar title to Tract
A free and clear of any encumbrances, City's only remedy
shall be termination of this Contract unless the encum-
brance in question is an encumbrance created after October
13, 1994 by the affirmative acticne of Purchaser to which
City did not consont in writing, in which event City shall
be entitled to exercisig all of the remedies set forth
PAGE 6
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07/:1/00 JI: 40 093270684"O CZT1' OF DIhTON ® 000/0%1
® ooa
herainabove.
2f City breaohee any of the agreements or city contained in
this Contract and such breach is noL cured within fifteen
(is) days after purchaser has delivorcd written notice
thereof to City, Purchaser at purchaser's election may
either terminate thin Contract) or sock all remedies set
forth in this Contract or available at law, in equity or by
statute, including specific performance, provided, however,
if City .is unable to deliver title to Tract B free and
clear of any encumbrances, purchaser's only remedy shall be
termination of thin Contract unless the encumbrance 141
question is an encumbrance created after October 13, 1994
by the affirmative actions of City to which Purchaser did
not consent in writing, in which event Purchaser shall be
entitled to exercise all of the remedies set forth herein -
above.
13. Attorney's Pe4e.
Should either party to this contract commence legal pro-
ceedings against the other to enforce the terms and pro-
vieionv of this contract, the party loni.ng in such legal
pzoueedings ehall pay the attorney's fees and expenses of
the party prevailing in such legal proceedings.
14. Time q.
Tliuo in important to both Purchaser and City in the
performance of this Contract and they have agreed that
strict compliance is required as to Period any
date set in set forth
herein. If the final date of any per
in any term or provision of this Contract falls upon a
Saturday, Sunday, or legal holiday under the laws of the
United 9tatee or the state of Texas, then, and in ouch
event, the time of such period shall be oxtended to the
next day which is not a Saturday, Sunday, or legal holiday.
Any notice required or deeirod to be given to either party
hereto shall he deemed to be delivered (i) on the date of
delivery, if hand delivered, (ii) one (1) 'day after
sanding, if sent by overnight courier, or (iii) it sent by
mail, the day the same in pootod in a II.9. mall raeeptacle,
postage prepaid, certified moil, return receipt requested,
to the address of the applicable party set out above ouch
pac•Ly's nignature hereinbelow. Pithar party hereto may
change much party's addreoo for notice, but until written
notice of such change of addreslt is actually received by
the other party, the last address of such party designated
for notice shall remain ouch party'o address for notice.
PAGE I
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07:71i93 11:49
ST9a17Da4542ja
'fUM FUUTS_REALTO
cITT or LBNTON
la100a/011
Z009
16
17.
18,
.4swY@� ilirv.
If any term or provision of this Contract in held to be
11.1egal, invalid, or unenforceable, L11e legality, validity,
and enforceability of the remaining Larms and provisions of
this Contract shall :lot be attested therebyy
ce, and in lieu of
each such illegal, invalid, or unenforabla tarn or pro.
vision there shall be added automatically to this Contract
a legal, valid, and enforceable term or proviuloa AN
rlmilar as possible to the term or provision declared
illegal., invalid, or enforceable.
Either Yurohaser or City shall have the right to waive any
requirement contained in thin Contract, which is intended
for the waiving party's benefit, but, except as otherwise
spenif.i.cally provided herein, such waiver shall be effect-
ive only if in writing executed by the party for whore
benefit such requirement is intended.
5; ?], Yive Rights Ad Remed ea,.
Except as specifically limited herein, no right or remedy
set forth in this Contract is intended to be exclusive of
any other rigbt or remedy set forth in this Contract or by
Law provided, but each sball be cumulative and in addition
to every other right or remedy set forth in this Contract
or now or hereafter existing at law or in equity or by
statue.
19. captions.
The captions used in connection with the articles and
sections of this Contract are for convenience only and
shall not hn deemed to expand or limit the meaning of the
language of this Contract.
words of any gender used in this Contract shall be hold ana
construed to include any other gender, and words in Cho
singular shall be held to include the plural, unless the
context otherwise requires.
21. LXh.biS„A.
11.1 exhibits, attachments, annexed instruments, and addenda
roforred to herein shall be coneidered a part hereof for
all purposes with the same forr:e and effect as if copied
verbatim wherever reference is made to same.
PAGE B
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22. erra iea.
Except for the general warranty of title contained in the
City Deed and r.Rpresentations in paragraph eight (8) above,
Purchaser hereby acknowledges that City has not made any
representations or warrantioo to Purohaser with respect to
the suitability of Tract a for any intended use, the
condition of Tract 8 (including soil and sub -soil condi-
tion*), tho appreciation or income potential of Tract B,
the coning of Tract e, the platting of Tract B, avail-
ab.i.l.ity of utilities to Tract B, access to Tract B,
requirements in connection with any devolopmont of Tract B,
or any other matter whatsoever. purchaser further acknowl-
.+Jyea and agrees that Purchaser has investigated all
matters of concern to Purchaser with respect to Tract a
prior to closing date and that vurchasar is not relying on
any representation or warranty from the City with respect
to such matters except for the general warranty of title
contained .in the City Deed and representations in paragraph
eight (a) above.
23. Entirn Aareement.
This Contract embodies the entire agreement between
Purchaoer and City with respect to the subject matter
hereof and supersedes all prior agreements whether written
or oral.
24. A,rdment.
Except as otherwise specifically provided herein, this
Contrast may not be ameuded, varied, or terminated except
by an agreament in writing executed by both Purchaser and
City.
„ .•
Except as otherwise provided herein, this Contract &hall be
binding upon and inure to the benefit of Purchaser and City
and their respective successors and assigns.
EXECUTED by PurchaRRr and City on the date first referenced
above.
9AgE 9
U 010
07/21/95 10:47 TX/RX N0.1139 P.010 13
07/21/95 14:20 FAX 8173821544
09iY1�P3 11:60 V08118E00238
PURC}=EA:
TERRANO REALTY, INC.
Addtrast /1)h03 Campbell
Houeken, Te ao 77054
BY:
TOM_F'OUT9-REALTO
C171' OF OENTON
CITY:
CITY OF DENTON
Addrp-sa: 215 E. MCK1.D[1ey
A'l'1'liia'1' 1
JEIQNIFER W<ZR9, CI,TY/ SECRETARY
9y: /v
AP ,D A9 U LEOVi FORM:
DEB A. DR/AYOVI/T7CH, CITY ATTORNEY
SY: ,lG...K;Gj
9TAT8 OF TEXAS
W 011/O11
COUNTY or "WrON
This instryment was acknowledged before me on the day of
[ 1995 by John McCormack, Prarident 7cTorrana
r��'^rai•. MIOE WHITE
+ COMMISSION ^^ ''
� �*' MY COMMISSION EXPIRES
a. July 23, 1996 O • PU11L N PO
Comm Oe DFNTON
This inetxument ie acknowledged before me, the on 22itefJ
try LLOYD V. BARBELL, City Managez, oP the City of Demo ,
a unic,pal corporation, known t� me to be the person and officer
whose name ie eubearibed.to the farngoing instrument and acknowl-
edged to me that tho same was the acC Of the said City o> Denton,
Taxae, a mtulicipal corporation, that he wea3 duly authorized to
perfUrm the same by appropriate ordinance of the City Council of
the City of Denton and tlwt hA executod the came ae tt,e act of the
Bald City for ppurpose and consideration therein exgreeead, and in
the capacity therein stated.
N 1' Y PDBLIC AND FOR TE
C:\MYOOf..i\%\�iM7%
fi°" �if�eF ELIZABETH J. WILLIAMS pAdB Y 0
My COMMISSION EXPIRES
i *;F Me
Y 16 ,1997
®oll
07/21/95 10:47
TX/RX NO.1139
P.011 0
rJMIBIT "A•
or Number, P-354010-C
All that certain lot, tract or parcel of land lying and being situated in the
City and County of Denton, State of Texas, and being part of the Nary Austin
survey, Abstract No. 4 and being part of Lot 1, Block 1 and part of Lot 1,
Block 2 of the Municipal Utility Addition, an addition to the City and County
of Denton, recorded in Csbinet O, Page 346 of the Plat Records of Denton
County, Texas and more particularly described as follows'
COMMENCING at the northwest corner of said Lot 1, Block 1;
THENCE south 02 degrees 13 minutes 34 Seconds Went along the west boundary
line of ■aid Lot 1, Block 1, a distance Of 110.27 feet to the POINT Or
BMQxNNINg, said point being the southwest corner of a drainage and utility
easement as shown on said plat)
THENCM North 88 degrees 12 minutes 27 seconds East, along said easement south
boundary lino a distance of 149.37 feet to a point for corner;
THENCE South 57 degrees 16 minutes 37 seconds Most, continuing along said
easement south boundary line a distance of 024.65 feet to a point for a corner
in the east boundary Sine of said Lot 1, Block 12
THENCE South 0 degrees 00 minutes 00 seconds Last, along the east boundary
line of ■aid Lot 1, Block 1, passing at 394,04 feet the southeast corner of
said Lot 1, Block 1, Same being the north right-of-way line of Norse Road,
continuing and passing the south right-cf-way of Norse Road, Sams being the
northeast corner of said Lot 1, Block 2, continuing and along the east
boundary line of said Lot 1, Block 2, a total distance Of 1137.91 feet to a
point for corner;
TBMNCE South 88 degrees 05 minutes 58 Seconds west, a distance of 864.11 foot
to a point for a corner, said point being a Salient corner of said Lot 1,
Block 2, Said point also being the easterly southeast corner of a tract
described in Volume 2124, Page 775, Real Property Records, Denton County,
Texan (R.P.R.D.C.T.)I
THENCE North 0 degrees 36 minutes 10 Seconds East, along the west boundary
line of said Lot 1, Block 2, same being the east boundaline nes f said tract
described in Volume 2224, Page 775 R.P.R.D.C.T., passing
the
northwest corner of said Lot 1, Block 2, Mama being the south right-of-way of
Norse Road, continuing and passing the north right-Cf-way of Norse Road, same
being the southwest corner Of said Lot 1, Block 1, continuing and along the
west boundary line Of Said Lot 1, Block 1 a total distance of 1572.24 to a
point for a corner)
THENCE North 02 degrees 13 minutes 34 seconds Mast, Continuing along the Nest
boundary line of maid Lot 1, Block 1, a distance of 35.55 feet to the place of
.beginning and containing 27.7488 acres of land, more or long.
EXHIBIT "A", SOLO PAGE
i
1ANDMAD""
SURVEYORS,
1 NC. FIE
LD NOTES
TRACT 1
1.114 ACRES
BEING all that certain lot, tract, or parcel of land situ#t
Survey Abstract Number 4, in'the City and County.6f;100
of that certain "Tract B" described in a deed from,ll�a)
Jewell M. Parham, recorded in Volume 832, P29(-
County,;Texas, and being more particularly described;fla
COMMENCING at an iron rod found for corner in the,eio
a public;roodway and in the south line of spencer R64
:
THENCE along the arc of a curve to the right, having
38 , a radius of 470.09, an arc length of 308.58 feet, v11�4
02' 36" E, 303.07 feet with said south line of saidFS
found fol corner;
THENOF S 530 42' 41" E, 197.70 feet with said soutl4 i1,
rod set for PLACE OF BEGINNING;
THENCE S 530 42' 41" E, 624,48 feet with said soutt,ly.
rod found for corner, said point being the northwest 6p�''
land described.in Volume 478, Page 175, Deed ReC04
42381-35 North
Denton, Texas 76207-3408
(817) 382-4016
Fax (817) 387-9784
in the Mary L. Austin
rit4h, Texas, being a part
3sILand Development to
Food Records, Denton
follows:
st line of Woodrow Lane,
a 0ublic roadway;
1
I central angle of 370'36"
Ise'.chord bears south 69°
ncbr Road to an Iron rod
le Of said Road to an Iron
I
no of said Road to an iron
nor of that certain tract of
;, Denton County, Texas;
i>;:• j
THENCE S 180 03' 24" W. 40.83 feet to an iron rod rQ nd, for corner In the north
line of a 150.0 foot railroad right-of-way; ;•
THENCE along the arc of a curve to the left, having a;C ntrpl angle of 04° 04' 15",
a radius of 2815.03, an arc length of 200,00 feat„w�j ae Chord bears N 58° 16'
05" W, i99.96 feet with said 'north line of said railro ' rlg�t•of-way to a point for
I � �.y� I
corner;
THENCE N 620 06' 37" W, 409.42 feet with said nc
way to an iron rod set for corner in said east line of i
THENC N 209 08' 39" E,125.10 feet to the
containi g 1.114 acres of land, more or less.
EXHIBI� "B", PAGE ONE .OF TWO
I
said railroad right-of-
Irow Lane;
:OF BEGINNING and
"tli' e
4238 1-35 North
I, Denton, Texo$ 76207-3408
(817) 382.4016
Fox (817) 387-9784
S, INC.
FIELD NOTES
TRACT I ? �'
9.566 ACRES
BEING jall that certain lot, tract, or parcel of land ;sj
Survey Abstract Number 4, in the City and County o•
of that Ortain "Tract C" described in a deed from
Jewell M. Parham, recorded: in Volume 832, Peg(
County,. Texas, being also a part of that certain "1
832, Page 79, Deed Records, Denton County, Tex
certain (called) 0,3031 acre tract of land described
the City of Denton, Texas, recorded In Volume 156
DentonCounty Texas, and being more particularly d
COMMENCING at an iron rod found for corner in th
a public roadway and in the 'north line of Spencer I
point being the southwest corner of said "Tract C";
THENCE N 000 02' 25" E, 271.47 feet with the east
Sin iron !rod set for corner, in the south line of a 30.0
in Volume 407, Page 472, Dfoed Records, Denton C
THENCE N 88" 20' 46" E, t42.36 feet with said. s
easement to an iron rod set for PLACE OF 13EGINN
THENCE N 881, 20' 46" E, $65.64 feet with said
easement to an iron rod set of comer, said point be
1, Block 2, Municipal Utility; Addition, an addition
County, Texas, according to the plat thereof reebi
Plat Records, Denton County, Texas;
THEM E S 040 23' 39" W. 52.05 feet with the w
rod set for corner in said north line of said Spencer
THENCE N 53° 42' 41" W, 715.25 feet with said nr
rod set for corner;
THENCE N 09° 22' 02" E, 516.49 feet to the
containing 9.565 acres of land, more or less!. {
'in the Mary L. Austin
in, Texas, being a part
Land Development to
lead Records, Denton
" described in Volume
d being a part of that
linance No. 84-175 by
e 428, Deed Records,
id as follows:
line of Woodrow Lane,
a public roadway, said
of said Woodrow Lane to
rdad easement described
y�,lTexas;
line of said 30 foot road
ie of said 30 foot road
northwest comer of Lot
)ity of uenton, wul
Cabinet G. Page, 346,
I
i
i of said Lot 1 to an iron
1 of said Road to an Iron
,
I'
9 OF 1350INNWO and
EXHIBIT "Al", PAGE TWO OF TWO