HomeMy WebLinkAbout1994-095E:\WP'10CS\0RD\WILS0N
ORDINANCE NO. i (/-075b
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND ROBIN G. AND PATTY S. WILSON TO
PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute a
Real Estate Contract between the City of Denton and Robin G. and
Patty S. Wilson for the purchase of property, under the terms and
conditions contained in said agreement, which is attached hereto
and made a part hereof, and is authorized to execute any other
document which may be associated with the purchase of said
property.
SECTION II. That the City Council hereby authorized the
expenditure of funds in the amount of $258,309.00 for the purchase
of said property and any closing costs, including the cost of
property survey, as specified in the agreement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the n�day of , 1994.
ATTI
JENI
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: (/"
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between ROBIN G. AND PATTY
S. WILSON (hereinafter referred to as "Seller") and CITY OF DENTON,
TEXAS, a home rule municipality, of Denton, Denton County, Texas,
(hereinafter 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 2.114 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.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of TWO HUNDRED FIFTY-EIGHT THOUSAND THREE
HUNDRED NINE DOLLARS ($258,309.00).
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 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 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
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:
PAGE 2
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-
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.
PAGE 3
"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
Purchaser will honor existing lease agreement with Seller's
tenant through December 31, 1994, at $300.00 per month rental fee.
Prorated rental payment for the month in which closing takes place
will be remitted to the Purchaser. All future rental payments will
be directed to the Purchaser.
Seller will be allowed to occupy and utilize the brick home and
building through December 31, 1994, rent free.
Seller will be allowed to remove Solar System, front porch
swing, children's swing, windmill swing, satellite dish, microwave
oven, and any other personal property items mutually agreed upon by
the Purchaser and Seller.
CLOSING
The closing shall be held at the office of DENTEX Title
Company, Denton, Texas, on or before , or at such
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,
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.
B. Deliver to Purchaser a Texas Owner's Title Policy at
Seller's sole expense, issued by DENTEX Title Company,
PAGE 4
Denton, Texas, (the "Title Company") in Purchaser's favor
in the full amount of the purchase price, insuring Pur-
chaser's fee simple title to the Property subject only to
those title exceptions listed in Closing Requirements here-
of, 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 as to the lien 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, Purchaser
shall only be responsible for the payment of taxes assessed by the
City of Denton and, Seller shall pay all other taxes assessed by
any other 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, save and except
taxes so imposed by the City of Denton, which taxes shall be paid
by Purchaser.
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 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 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.
S. 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 Purchaser within five (5) 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 If day of Maq , 1994.
SELLER
641 q
14
ROBIN G. WILSON
PATTY S. WILS N
PURCHASER
THE CITY •,�DENTON.,
BARN l
LLdLYD' V. HARRELL, City Manager
215 E. McKinney Str t
Denton, Texas 76201
PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on
by ROBIN G. WILSON.
STATE OF TEXAS
COUNTY OF DENTON
This instrument was
STATE OF TEXAS
COUNTY OF DENTON
TONI C. HOWELL
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. 8-2.97
by PATTY S. WILSON.
-/1- 9
G
TONI C. HOWELL
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. 8-2-97
This instrument is acknowledged before me, the on 9:
by LLOYD V. HARRELL, 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 acknowl-
edged 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 purpose and consideration therein expressed, and in
the capacity therein stated.
ATTEST:
JENNIFER WALTERS, CITY
BY: W4�
APP,t¢VED A!V TO LEGAL FORM:
DEBRA A. DRAY\\OV��ITCH, CITY ATTORNEY
BY: �� \ z-- .lz � j
E:\NPDOCS\K\NILSON.K
PAGE 8
"`..�^ra--,--�-•— .,..aa.---ac�-a�ac�:.. J / •----.tea----^.... �-,-^✓acr.:=may _ ��
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it o. �Eeo Recor*�s i
014P �fatp of Go mall' !mull .`till Mott hil o1je fr Urrarnta:
f Gountg of Denton t I i
That we, LOYD SMITH and wife, SIDDLE SMITH, .
bJt 122'73
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41
of the County of Denton. State of Texas, for and in consideration
,
f
'
of the sum of
TENANDNO/100($10.00)********* DOLLARS
and other good and valuable consideration
to us paid, and secured to be paid, by ROBIN GAYLE WILSON and wife, PATTI SIiOUSE ).
WILSON, the receipt of which is hereby fully acknowledged; and for the further con- G
sideration of the sum of $38, 250.00 advanced by North Texas Savings and Loan
Association, of Denton. Texas. at the special instance and request of the Grantees p1+
and for their special use and benefit as a part of the purchase price for the herein-
after described property, the receipt of which is hereby acknowledged by the Grantors'.1
same being evidenced by one certain Vendor's Lien promissory note, of even date
herewith, executed by the Grantees, payable to the order of said North Texas Savings ri
and Loan Association, in the principal sum of $38,250.00, and bearing interest from
date at the rate of 9.25% per annum, principal and interest being payable in regular
monthly installments of $327. 65 each, the first installment being due and payable on
the 1st day of August, 1976, and one like installment to,become due and payable on
the 1st day of each succeeding month thereafter until said note, principal and interest.
is fully paid, said note containing the usual default and attorney's fee clauses; and i
the Grantees by the acceptance of this deed acknowledge the Vendor's Lien to exist
against the hereinafter described property to secure the payment of said note, and it
is expressly understood and agreed that said North Texas Savings and Loan Asso-
ciation, Denton, Texas, shall be and it is hereby subrogated to the same rights,
titles, liens, equities and remedies which the Grantors would have if said note were p�
payable direct to them; said note being additionally 'secured by a Deed of Trust, of !:
even date herewith, executed by Grantees to W. D. Buttrill. Trustee for the benefit
of the holder thereof; - n,
nI
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said f
ROBIN GAYLE WILSON and wife, PATTI SHOUSE WILSON,
of the County of Denton State of Texas, all those certain I
tracts or parcels of land situated in Denton County, Texas, described in two tracts
as follows: Y! t
TRACT ONE:
ALL THAT CERTAIN tract or parcel of land in Denton bounty, Texas, and being a
part of a certain tract of land as conveyed by deed dated August 30. 1957, from W. A.
Coyle and wife, Ruth Coyle to J. W. Kellum, as shown of record in Volume 432.
Page 467, Deed Records of Denton County, Texas, and being out of the Gideon
Walker Survey, Abstract 1330, and more particularly described as follows:
BEGINNING at a point in the centerline of a North and South public road and in
the West Boundary Line, of the Gideon Walker Survey., Abstract 1330, and at the
Southwest corner of the J. W. Kellum five acre tract;
THENCE North 03 degrees 21 minutes 00 seconds East along the West Boundary''
Line of the J. W. Kellum five acre tract, 108.5 feet to a point for,the Northwest
corner oftract herein described;
THENCE South 88 degrees 09 minutes 00 seconds East 346.6 feet, and parallel
with the South boundary line of the J W. Kellum five acre tract, to "a steel pin for
corner; ,-
THENCE South 83 degrees 18 minutes 20 seconds East 171. 94 feet to a point for
corner in the East boundary line of the J. W. Kellum five acre tract;
THENCE South 03 degrees 21 minutes 00 seconds West along the East boundary
line of the J. W. Kellum tract 93. 92 feet to a steel pipe for the Southeast corner of
the J. W. Kellum five acre tract;
TIiENCE North 88 degrees 09 minutes 00 seconds West along the South boundary
line of the J. W. Kellum five acre tract, a distance of 518.3 feet to the point of
beginning, and containing 1.261 acres of land.
TRACT TWO: �)
ALL THAT CERTAIN tract or parcel of land in Denton County, Texas, and being a
part of a certain 42.5 acre tract of land as conveyed by deed dated January 10. 1953.
from N. A. Lowe and wife, Bertha Lowe, to'W. A. Coyle and wife, Ruth Coyle,
as shown of record in Volume 385, Page 177, Deed Records of Denton County, Texas, �)
being out of the Gideon Walker Survey, Abstract 1330, and being more particularly
described as follows:
BEGINNING at a steel pipe for the Southe asc corner of the J. W. Kellum five
acre tract;
THENCE North 03 degrees 21 minutes 00 seconds East along the East boundary j
line of the J. W. Kellum five acre tract, 93.92 feet to a point for corner; f
THENCE South 83 degrees 18 minutes 20 seconds East 29.84 feet to a 4" x 4"
wood fence corner post;
TIiENCE North 07 degrees 27 minutes 00 seconds East 23.05 feet to a steel pin j
for corner; i
THENCE South 89 degrees 09 minutes 00 seconds East and parallel with the South
413oundary. Line of the W. A. Coyle 42. 5 acre tract 311. 75 feet to a fence corner post; I
THENCE South 03 degrees 21 minutes 00 seconds West 114.3 feet to a steel pin on
the North side of a railroad cross -tie post;
THENCE North 88 degrees 09 minutes 00 seconds West 343.19 feet to the Place of
Beginning, and containing 0.884 acres of land.
This conveyance and the warranties contained herein are subject to all easements of
record, if any, and all restrictions, covenants, encumbrances, conditions and
reservations of record, if any, applicable to the herein conveyed property or any
part thereof.
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 ROBIN GAYLE WILSON and wife,
PATTI SIiOUSE WILSON. their
heirs and assigns forever and we do hereby bind ourselves. our
heirs, executors and administrators, to Warrant and rorever Defend, all and singular the said premises
unto the said ROBIN GAYLE WILSON and wife, PATTI SHOUSE,WILSON, their
heirs and assigns, against every person whomsoever lawfhlly claiming,. or to claim the same,_ or any part_
.- ., ...
But it is. expressly agreed anal ,stipulated .that •.the Vendor's. Lien isretained ,against the above
described property, premises and improvements; "until the above described note'', and all interest thereon
an fullypaid according to - - : its `.' ` face aud;tenoi. effect and reading, when this deed shall become
absolute. ,
WITNESS our hands. at Denton, •,benton County, Texas,
this 30th day of June, 1976. 17
. LO SMITH
Witness at request of Grantor+ S •'
D E SMITH 1.
94-426N
WARRANTY DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That we, ROBIN GAYLE WILSON and wife, PATTI SHOUSE WILSON, of
the County of Denton and State of Texas, Grantors, for and in
consideration of the sum of TEN AND N01100 ($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, SELL
AND CONVEY unto THE CITY OF DENTON, TEXAS, Grantee herein, of the
County of Denton and State of Texas, whose mailing address is 215
East McKinney Street, Denton, TX 76201, all of the following
described real property in Denton County, Texas, to -wit:
Two tracts of land situated in the Gideon Walker Survey,
Abstract No. 1330, Denton County, Texas, fully described
in Exhibit "A" attached hereto and made a part hereof.
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
WARRANTY DEED, Page 1
assigns forever; and we do hereby bind ourselves, our 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 Toth day of June, 1994.
/I wL2 "VerzAt c
ROBIN GAYZE WILSON
h&=LQ JII
PATTI SHOUSE WILSON
THE STATE OF TEXAS S
COUNTY OF DENTON S
This instrument was acknowledged before me on the loth day of
June, 1994, by ROBIN GAYLE WILSON and PATTI SHOUSE WILSON.
y. PG
°o NORRIE RAWDON
e
N�m Ntjtry PubIlc.Stete of Texas
Syr ��t4 M4 QETePI. ExP• 8.25• v
AP b
AFTER RECORDING RETURN TO:
LLOYD V. HARRELL, CITY MANAGER
CITY OF DENTON
215 EAST McKINNEY STREET
DENTON, TX 76201
WARRANTY DEED, Page 2
EXHIBIT A
TRACT ONE:
ALL THAT CERTAIN tract or parcel of land in Denton County, Texas, and being
a part of ■ certain tract of land as conveyed by deed dated August 30, 1957, from
W. A. Coyle and wife, Ruth Coyle to J. W. Kellum. as shown of record in Volume 432.
Page 467. Deed Records of Denton County, Texas, and being out of the Gideon Walker
Survey. Abstract 1330. and more particularly described as follows:
BEGINNING at a point in the centerline of a North and South public road and in the
Went Boundary Line of the Gideon Walker Survey, Abstract 1330, and at the Southwest
corner of the J. W. Kellum five acre tract;
THENCE North 03 degrees 21 minutes 00 seconds East along the Went boundary
line of the J. W. Kellum five acre tract. 108.5 feet to a point for the Northwest
corner of tract herein described;
THENCE South 88 degrees 09 minutes 00 seconds East 346.6 feet, and parallel
with the South Boundary Line of the J. W. Kellum five acre tract, to a steel pin
for corner;
THENCE South 83 degrees 18 minutes 20 seconds East 171.94 feet to a point for
corner in the East boundary line of the J. W. Kellum five acre tract:
THENCE South 03.degreen 21 minutes 00 seconds Went along the Last boundary
line of the J. W. Kellum tract 93.92 feet to a steel pipe for the Southeast corner of
the J. W. Kellum five acre tract;
THENCE North 88 degrees 00 minutes 00 seconds West along the South Boundary
Line of the J. W. Kellum five acre tract, a distance of 518.3 feet to the point of
beginning, and containing 1.261 acres of land.
TRACT TWO:
ALL — HAT CERTAIN tract or parcel of land in Denton County. Texas, and being a
part of a certain 42.5 acre tract of land as conveyed by deed dated January 10. 1953.
from N. A. Lowe and wife. Bertha Lowe. to W. A. Coyle and wife, Ruth Coyle, as
shown of record in Volume 385. Page 177, Deed Records of Denton Countv. Texas.
and being out of the Gideon Walker Survey. Abstract 1330, •and being more particularly
described as followst
BEGINNING at a steel pipe for the Southeast corner of the J. W. Kellum five acre
tracts
THENCE North 03 degrees 21 minutes 00 seconds. East along the East boundary
line of the J.;•W: Ksilnat flie acrs.tract; 93.92 feet to a. point for corner= .
THENCE South 83 degreeti 18 minutes.20•asoonds East 29.84 feet to a 4" a 4"
wood fence corner poatt
THENCE North 07 degrees 27 minutes 00'seeond■ East 23, 05 feet to a steel pin
for corners„
nth "degrees 09 minutes, 00'seconds East and parallel with the South
Boundary Ldne of the W. A. Coyle 42.5 acre tract 311.75 feet to a fence cornet post;
THENCE Soujh.03: degrees 21 minutes.00 acconds West 114.9rfeet to asteel pin on
the North aideof•a railroad•oross-tle post;
771ENCE North 88•degrses 09,ininutes 00.aeconds Wast.349.19 feet to the Place
of Beginning, and containing 0.1184 acres of land.
crn
.W.
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C. i[Y Otlt )J,.
iV rtYiNFt ILS'1'rPoFIN f 1111P'y
II .0 LY a^/ficl x,�D,h L10
Ih,i If 4 11ti np �l � uV nYn m..dnt).T¢xa5ou
JUN l 31994
+'pFpfx10,4'y
DENTON COUNTY, T'cX0.6•.,•.•
Filed for Record in:
DEA-rum COUNTY, TX
HONORABLE 1-111 HODGES
/COUNTY CLERK
On 1994/06/13
At 1e51p
Number: 94—ROO47412
Type o WD I S - 00