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. VOL ?AGE
THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF Denton DEED RE DS 34054 0
That Ana Rocco Pena, Donald Bailey and wife Silvia Bailey
l
of the County of Denton and State of Texas , for and In consideration of
,
the sum of - - - - - - - - - - - - - - - - -
Ten and no/100 ($10.00) - -DOLLARS,
to them in band paid .,y The City of Denton, Texas
Denton and State of Texas , the receipt of which
K of the County of
<<A
Is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER
` QUIT CLAIM unto the said City of Denton, Texas, its successors
y
and assigne, all their right title and interest in and to that certain tractor par.
eel of land lying in the County of Denton and State of Texas, described as follows,
to-wit:
All that certain 0.019 acre tract or parcel of land lying and being
i"situated in the City and County of Denton, State of Texas, and being part
of the, N.H. Meisenheimer survey, Abst. No. 810, and being part of a tract
~J of land as conveyed to Donald Bailey and wife Silvia naiLzy by deed
~Lgrec3rded in Volume 808, Page 920 and also being part of a tract of land as
`conveyed to Ana. Rocco Pena by deed recorded in Volume B650 Page 226 of the
fl41-Deed i.ecords of Denton County, Texas, and more particulary de.^ribed ao
follows:
rr Beginning, for the southeast corner of the tract being described here
~n in at an iron pin set in the ground at the southeast corner of said Pena ,
A tracts ;
Thence Sout!. 66 degrees,. 50 minutes, 20 seconds West 42.88 feet to an
;iron pin set in the yroundt
T Thence North 01 degree, 51 minutes, 25 minutes East 20.45 feet to an
iron pin set in the ground on the north line of proposed Windsor Drive
Thence South 89 degrees, 00 minutes, 32 seconds East with the north f
tr line of said road 42.82 feet to an iron pin set in the ground;
Thence South 01 degree, 51 minutes, 25 seconds West 38.84 feet to the t.
o'. ~ 4 point of beginning.
4
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h+
TO HAVE AND TO BOLD the said premises, toget:ter with all and singular the rights, privi ;
w +Ji r lyf r !
loges and appurtenances thereto In any manner belonging unto the said City of Denton, Te:.ae'
4+= , E' the add
its successors and a3signs, forever, so that neither
u y~
Ana Rocco Pena, Donald Bailey and wife Silvia Baiie
nor their heirs, nor any person or persona claiming under them shall, at any t`1L d
° have, claim or demand any right or title to the aforesaid premises or appurtenances, orRiy a th i
a~ ~ v
Denton, Texas this j5
WITNESS our hand at j ,
Id day of /~/oNt►►6N' A. D
M ;t Witnesses at Request of Graatar: Rocco Pe
ona d Bailey
1~
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,
ACKNOW'I.F,UG:tIFNT l
1HE STATL OF TEXAS,
Ef ORI: 6}F., the rand •rslgned authority,
R
COUNTY OF ~aJrsw
~tna 0~~,~Y
a on this day personally nppea:ed NN a. 'e't 41
hncwn to ns. to be the person whose name to sibsnibcd to lbe foreCo'mg instrument, and ar o*
t' he executed the same for the purposes ai,d considanotion therein expreeae',.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Th' Z dday of -km- ~t k.D~jI
R
otary Pubhr, In sad !or the tqk of ~QI
AIy Commission Fglres .f3.14.~,Se C~
- ACKNOWLEDGMENT - -
THE STATE OF Maryland Z
COUNTY OF Waahipgton BEFORE ME, the undersigned authority,
on this day personally appeared Dona j Bailey._and 3ilVia Bailey
~„own to me to be the persons whose name are subscribed to the foregoing instrument, and acknowledged to me that
the .y.. executed the same for the purposes end consideration therein expressed.
ty$Z
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thls 19'h day of *bvvnbpr A.D.
' . Notary public, to a to the Stale of .
f
r My Commirsion Expires ......t.cl f 6
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS$ 1 BEFORE ME, the undersigned su+hority,
COUNTY OF.... . 1
whosels naday mep personally
said
subscribed a to dthevforegoing instrument and acknowledged to mkn that he same was the act of he ~ r
b, ' !L, : - _ _ _ _ - - _
r a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein
expressed, and In the eapacL., therein stated.
r ,y
19_.._..
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ..__day A.D.
(L.S.)
_
a
Notary Public, In and for the State of Texas.
r ,
i My Commission Expires
St
CLERKS CERTIFICATE
THE STATE OF TEXAS, 1,
County
COUNTY OF..
Clerk of the County Court of raid County, do hereby certify that the foregoing Instrument of writing dated on the
day of . , A. D. IF with its CertiOcate of Authentlcstlon, was filed for
word in my office on the Gay of . , A. D. 19 at o'clock . M., and duly
recorded t)da WiW,Jr0M... ........A. L. 19 at...... o'clock 1d., In the
a < f 9404"f said County, In Volume , on pages
.17NESS MY H dW ~ CURT of said County, at office in . -dw 6t i' i#a aMMee ► fibs!{/,
"~s►r Iset above written.
' sd GAntr~ fuss IS rbnp~ low
"11111
e" IV. r DEC lewounty Clerk 4' ounty, Texas.
Je `J'am 3 ,
7 G B. ► ~ By. . _ . , Deputy.
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T•1 Owns POlioy-Fmm Neseribad by 8tata Board of Insurance of ltoxaa-Rwiwd 7.11980.
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GF H-8958 - _ - - _ t
STFWNIZT TI'PLE
j tt11A HANT]' Q01f1'AIN Y
{ STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter called the Company, for value does hereby ,
+ guarantee to the insured (as herein defined) that as of the date hereof, the Insured has good and indefeasible title to the
estate or interest in the land described or referred to in this policy.
The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall
the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its
own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land,
r or any art thereol adverse to the tine to the estate or Interest In the land as hereby but the Company guaranteed, shall
not be required to defend against any claims based upon matters in any manner excepted under this policy by the excep-
tions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy", of the Conditions and
Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after the commencement
of such action or proceeding, and in ample time for defense therein, give the Company written notice of the
, pendency of
the action or proceeding, and authority to defend, The Company shall not be liable until such adverse interest, claim, or {
right shall have been held valid by a rourt of last resort to which either litins,tt may apply, and if such adverse interest, {
claim, or right to established shall be for less than the whole of the estate or Interest in the land, then the liability of the
Company shall be only such part of the whole liability limited above as shal' bear the same ratio to the whole liability that +
the adverse interest, claim or right established may bear to the whole estate or interest in the land, such ratio to be based +
on respective valuet determinable as of the data of this policy. In the absence of notice as aforesaid, the Company is re- ,
Ifeved from all liabibty with respect to any such interest, claim or right; provided, however, that failure to notify shall not
prejudice the rights of the Inuured if such Insured shall not be a party to such action or proceeding nor be served with pro-
cess therein, nor have any knowledge thereof, not In any case, unless the Company shall be actually prejudiced by such +
failure.
,
b
Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy '
and the Insured shall for a period of twentyffva years from the date hereof remain fully protected according to the terms {
hereof, by reason of the payment of any loss, he, they or it may sustain on account of any warranty of title contained in the
transfer or conveyance executed by the Insured conveying the estate or interest in the land. The Company shall be liable t
under said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not excluded
either by the exception: or by the Conditions and Stipulations hereof, such lability not to exceed the amount of this policy. {
{
+
IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has caused this policy to be executed by Its
Chairman and President under the seal of the Company, but this policy is to be valid only when It bears an authorized
countersignature, as of the date set forth in Schedule A.
HTH WART TITLE
' + ovataxtrr enaar~xr
hairman of the Board ttt'+• r resident
Countersigned:
STEH TITLE OF DENTON COUNTY, INC.
e ~ Cr ~l ,
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km a 1521389 A
',;r.. 691 (Rsv.11 d0) -
x
X
vi~
GENERAL. CONDITIONS AND STIPULATIONS
1. Definitions Insured were a
The following terms when used in this purchaser for value without knowledge;
(a) "land": The land described, specifii alllyy ore by riirhts, ifhany,of ad ors cum nunity property or survivorship
reference, in Schedul r A, and improvements affixed thereto g y. y pouse of any Insured,
which by law constittte real property. 3. Defense of Actions
(b) "Public retards": Thost records which impart (a) In all cases where this polic
constructive notice of matters relating to the land, y provides for the defense
of any action or proceeding, the Insured shall secure to the ;
(c) "knowledge^: Actual knowledge, not constructive Company the right to so provide defense in such action or
knowledge, or notice which may be imputed to the Insured proceeding, and all appeals therein, and permit it to use, at
by reason of any public records. its option, the name of the Insured for such purpose, When-
(d) "date": The effective date, including hour if specified. ever requested by the Company, the insured shall give the
(e) "insured": The Insured named in Schedule A and, Company all reasonable aid in any such action or proceeding,
subject to any rights or defenses the Company may have in eHect:ng settlement, securing evidence, obtaining
had against the named Insured or Env person or entity who witnesses, of defending such action or proceeding.
succeeds to the interest of such named Insured by operation (b) The Company shall have the right to select counsel
r of law as distinguished from purchase, any person or entity of its own choice whenever it is required to defend any
who succeeds to the interest of such named Insured by action or proceeding, and such counsel shall have full control
operation of law as distinguished from purchase including of said defense.
but not limited to the following: (cl Any (i) heirs, devisees, distributees, executors and of the Insured tor,toaes abl establish the title asyi surred,
oreboth,
administrators; shall nct be construed as an admission of liability, and the
00 the successors In interest to a corporation resulting Company shall not thereby be held to concede fiability or t
from merger or consolidation or the distribution of the assets waive any provision of this policy. {
of such corporation upon partial or complete liquidation;
(itil the partnership successors in Interest to a general 4. Payment of Loss
or limited partnership wIdissolves but doesnottermisate; (a) No claim shall arise or be maintainable under this f
partnership
(iv) the successors in Interest to a general or limited policy for liability voluntarily assumed by the Insured in esul such ge eralror limitedr nthe
distribu partnership upo patialtorcomplete Company y claim or suit without written consent of the
liquidation; (b) All
(v) the successors In Interest to a joint venture made for costar attorney fees anld exopenses, shaltr duce the
resulting from the distribution of the assets of such joint amount of the insurance pro tanto; and the amount of this
venture upon partial or complete liquidation; policy shall be reduce) by any amount the Company may
(vil the successor or substitute trustee of a trustee pay under any policy insuring the validity or priority of any
named in a written trust instrument; or lien excepted to herein or any instrument hereafter executed
(vii) the successors in interest to a trustee or trust by the Insured which is a charge or lien on the {and, and the
resulting from the distribution of all or part of the assets of amount so paid shall be deemed a payment to the Insured
such trust to the beneficiaries thereof, under this policy.
2. Exclusions from the Coverage of this Policy (c) The Company shall have the option to pay or settle
This policy does not insure or compromise for or in the name of the Insured any claim
reason of the following; against loss or damage by insured against by this policy, and such payment or tender of
payment, t
(a) The refusal of any person to purchase, lease or lend which the Company Is all gatedthereunderst and expenses
morby on the land. terminate all liability of the Company hereunder as to such shall
(b) Governmental rights of police power or eminent claim, further, the payment or tender of payment of the
tdombin unless notice of the exercise of such rights appears in full amount of this policy by the Company shall terminate
tM public records at the date hereof; and the consequences all liability of the Company under this policy.
of an, law, ordinance or governmental regulation Including, (d) Whenever the Company shall have settled a claim
but nor. limited to, building and zoning ordinances. under this
l Any Halos or rights asserted by anyone Including, policy, ec all right of subrogation shall vest to the
but not limited to Company unaffected b any act of the Its and and it shall
persons, corporations, government or be wbrogated to and be e entitled to all rights end remedies of
other entities I •~delands, or lands comprising the shoes or the fissured against any person or property in respect to such
beds of navlgat~o or perennial rivers and streams, takes, bays, claim. The Insured, if requested by the Company, shall
gulfs or oceans, or to any lend extending from the line of transfer to the Company ell rights and remedies against any
mean low tide to the line of vegetation, or to land beyond person or property necessary in order to perfect such right
the line of the harbor or bulkhead lines as established or of subrogation, and shall permit the Company to use the
charged by any government, or to filled• r, lands, or artificial name of the Insured in env transaction or litigation
Islands, or to riparlan rights, or the rights or Interests of the Involving such rights or remedies.
s State of Texas or the public generatly in the area extending
from the line of mean low tide to the line of negation or their S. Policy Entire Contract
right of access thereto, or right of easement along and across Any action, actions or rights of action that the Insured ~4
the tame, may have, or may bring, against the Company, arising out of yt}
(d) Defects, liens, encumbrances, adverse claims against the status of the title insured heraunder, must be based on
the title as Insured or other matters (1) created, suffered, the provisions of this policy, st`X
assumed or agreed to by the Insured at the date of this policy, given the Company, and anstat ment In twrit ng required to t'
a or (2) known to the Insured at the date of this policy unless be furnished the Company, shall be addressed to it at P. 0.
disclosure thereof in writing by the Insured shall have been Box 2029, Houston, Texas 77001,°
made to the Company prior to the date of this policy; or loss p'
or damage which would not have been sustained if the 6. This policy is not transferable,
, •a
INVAIt'lll T1'1,1.1•.1
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GUARANTY COI I
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ESTABLISHED 1896 E
INCORPORATED 1908 } i
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ANAME
RECOGNIZED NATIONALLY POLICY
FOR MORE THAN 75 YEARS F
AS BEING OF
SYNONYMOUS WITH TITLE
SAFETY INSURANCE
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ST]~ANVAlit, T TIT1,X
btl4t ARTY COMPANY
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P. o. Box
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Houston, Tei 77001
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T 10wnen Polley Schedules - Form PyacrIb.d by State eou d of Ineu,ar,c@ of Tevu 19)0
t lfl-12/13/82 SCHEDULE A
OF No. B-8959
Owner Policy Nr .t 0 1521389 A Date of Policy: December 13, 1982
NAME INSURED:
THE CITY OF DENTON, TEXAS.
Amount of:
i1 FOUa hUNDRED THOUSAND AND N01100 ($400,000.00) DOLLARS.
I '
1. The estate or iraerest In the land insured by this policy is: (Fee Simpf1, Leasehold, Easement, Etc. Identify or Describe)
1
FEE SIMPLE,
2. The land referred to In this policy is described as follows:
SEE ATTACKED "EXHIBIT At' FOR LEGAL. DESCRIPTION.' F
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T-1 or*mars Pokcy Schedul,t - Form Piesarlhed Ef Slit' "d f~r$
Policy No.: 0 1521389 A
c This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or
easemisnts insured, it any, shown in Schedule A, and to the following matters vrhich are additional exceptions
Irom the coverage of this policy:
Restrictive covenants affecting the land described or referred to albov or any encroachments,
or any
2. Any discrepancies, conflicts, or shortages in area or boundary
overlapping of improvements.
3. Taxes for the year 19 83 and subsequent years, and subsequent assess gents for prior years due to
change in land usage or ownership.
4. The following lien(s) and all terms, prov stuns ar d conddions of the nstrumernls! creating or evidencing
%
r„i pt said freMsl' NONE.
5. Rights of parties in possession.
f' 6. That portion on the West lying in the Mayhill Road; Road easement along the North;
power poles and lines; Guy easements; protrusion of fences beyond property lines;
i shown on SurveyropdatertedyOctoberlines Hammett, RegisterednPts all ublic as
protrus ' Surveyor. ~
7. Any discrepancies in fences due to confluence of creek.
°k 8, Any drainage easements in creek located on said property. eas
exec
, 1961
al to 9, Denton recordedsindVolumet472, Page 263,uDeedted Denton County,hTexas. of
SEE ATTACHED "EXHIBIT B" FOR CONTINUING EXCEPTIONS.
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ehl, 'r' 9TEHART TLE OF DENTON C , NC. 1
5'1'EAVAIt'll TITLE
GUAMANty COMPANY
' + Aulhorl;,J Ceunlarupneture
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Attached to and made apart of Stewart Title Guaranty I:ot»G3'IN Policy No. 0 1521389 A
Continuation A Schedule 1
"EXHIBIT A"
TRACT ONE:
All that certain tract or parcel of land situated in the Gideon
Walker Survey, Abstract 1330, Denton County, Texas, being a part
of a certein called) 430.140 acre tract described in a deed itoan
Henry S. Millar Co., Tr^istee to Lotta 17s. Callahan oil the 2nd day
of August, 1977, recorded i,3 Volume 347, Page 690, Deed Records `
of said County, and being more fully described as follows; i
BEGINNING at a steel pin at Cite WcgL Southwest corner of said
430.140 acre tract in Mayhill Road and at the Southeast corner of
the MEP & PRR Co. Survey, Abstract 927;
THENCE N. 2° 58' 37" E. with said Survey line. and the most
Westerly boundary line of said 430.140 acre tract in Mayhill
Road, a distance of 751.63 feet to an iron pin at a slid-Northwest
corner of said tract;
THENCE S. 88° 06' 15" E. with a fence and the North line of a
road a distance of 2641.17 feet to an iron pin and fence corner 1
at en inner ell corner of said tract and a bend in said road;
THENCE S. 38° 23' 20" E. with a fence and a Northeasterly line of
said road a distance of 61.96 feet to a steel pin en a Northerly
bou,,. ary line of a City of Denton Sewage Treatmen, - Plant tract
described in a deei from 6J. T. Evers et al in Volume 463, Page
260, Deed Records of Denton County, Texas;
THENCE S. 49° 38' W. with a North boundary line of said City
Tract a distance of 11.88 feet to a steel pin at an angle;
THENCE: N. 88° 06' W. a distance of 60.0 feet to a steel pin at
w.. the West Northwest corner of said City of Denton Tract;
THENCE S. 1° 54' W. along and near a fence a distance of 709.0 to
a steel pin and fence corner at Southwest corner of said City of
4 Denton Tract;
THENCE N. 87° 50' 41" W. with a fence and a South boundary line
of said 430.140 acre trace a distance of 693.69 feet to a steel
pin at a fence corner angle;
FA.
THENCE N. 87' 49' 09" W, with a fence a distance of 1932.91 feet
to the Point of Beginning and containing 45.648 acres of land.
TRACT TWO:
All that certr,in tract os parcel of land situated in the Gideon
Walker Survey, Abstract 1330, Denton County, Texas, being a part
of a certain (called) 430.140 acre tract described in a deed from
Henry S. Miller Co., Trustee to Lotta E. Callahan on the 2nd day 1
of August, 1977, recorded in Volume 847, Page 690, Deed Records
of said County, and being pore fully described as follows:
° CONTINUED ON PAGE 4
_ AfTi(, ,j trl fpjn DACE A;',Nl Of.,
Moor TALE "AAANlY CONIFANY , Il
POULY No. gg
toNlitluAT + OF U1LtL~E AA
C-0UNTE GNID
r r b EY A 1 TLE Of OENTON
f,, i 6Y
A OAi2E COUNIERSIGNAtOBE
Pape
SIr}1ItT pl'IT1.1.
' OUAp Ap1TY POY pANY
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COW n IL.on Form 1UJ A i
Attached to and made a part of Stewart Title Gwaranty,Compmy Policy No. 0 1521389 A
Continuation of Schedule A
CONTINUED FROM PAGE 3 "EXHIBIT k"
BEGINNING at a steel pin at the Southeast corner of a City of
f Denton Sewage Treatment Plant Tract described in a deed from W,
T. Evers, et al to City of Denton on December 120 1960 and
recorded in Volume 463, Page 260, Deed Records of Denton County, i
Texas, and an inner Southwest corner of said 430.140 acre tract;
THENCE N. 1' 54' E. along and near a fence a distance of 980.70
feet to a steel pin and fence corner at the East Northeast corner
of said City of Denton Tract;
1HENCE Westerly with the North bouncary line of said City Tract
the following 5 bearings and distances: (1) N. 76' 06 W. 220.0
feet (2) N. 1' 54' E. 215.0 feet (3) S. 67' 54' W. 388.7 feet (4)
S. 1' 54' W. 42,50 feet (5) S. 49' 38' W. 285.42 feet to a steel
pin on the Northeasterly line of a road;
THENCE N. 38' 23' 20" W, with a fence and the Northeast line of.
E said road a distance of 61.96 feet to a steel pin and fence
corner at an inner ell corner of said 430.140 acre tract;
THENCE N. 1' 20' 58" E. with a West boundary line of said tract
along and near a fence a distance of 287.56 feet to a corner in }
• Pecan Creek;
THENCE Rasterly and Southerly with the middle of Pecan Creek the
following 17 courses and distances: (1) S. 60' 18' 06 E.
157.38 feet (2) N. 71' 18' 35" E. 518.28 feet (3) S. 71' 41' 41
' E. 173.01 feet (4) S. 67' 48' 26" E. 297.75 feet (5) S. 49' 16'
23" E. 79.11 feet (6) S. 8' 35' 49" E. 243.12 feet (7) S. 31` 49'
a+ 18" E. 169.01 feet (8) S. 85' 55' la3" E. 223.65 feet (9) S. 44'
19' 49" E. 137.92 feet (10) S. 48' 06' 12" E. 242.88 feet (11) S.
42' 28' 28" E. 39.0 feet (12) S. 6' 04' 26" W. 108.62 feet (13)
j S. 25° 15' 45" W. 70.50 feet (14) S."51' 44' 51" W. 187.94 feet
r (15) S. 12' 43 27" W. 301.18 feet (16) S. 52' 11' 17" W, S,3. 32
feet (17) S. 41' 41 08" W. 244.97 feet to a corner in eaid
Pecan Creek on a South boundary line of said 430.140 acre tract;
fir
THENCE N. 48' 52' 43" W. along and near a fence a distance of
712,26 feet to the Point of Beginning and containing in all
25.733 acres of land.
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AtrKlltN TO ANN A'.AOf A PART OF
K ONMT r NE GCnBANTY COMPANt
PuueY No. 0 1521389 A
t CCN101 PON OF SCr EDULE A
rcua smNEa - ~
stay nT~iP7E OF DENT
Paga .jj- AJT110AIIFD COUNICAS10AXURE
fi'I' a'. M'A 12'1' T I'1' I.1'i
- OUARANTT COXPANT Oil
~p~rvP^g k 2 A.<w Mr
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Cant.n, at.an Farm ; W A.T
Attached to and made a part of Stewart Title Guaranty'Company P01icy No. 0 1521389 A
Continuation of Schedule B
"EXHIBIT B"
10~ Easement dated August 24, 1925, from W. T. Evers to Lone Star
Gas Company, recorded in Vol. 199, page 615, Deed Records, Denton
County, Texas.
11 Easement dated July 14, 1960, from W, T. Evers to Lone Star Gas
company, recorded in Vol. 460, page 89, Deed Records, Denton
i
I County, Texas.
12 Easement dated March 3, 1925, from George W. l
Clark to Lone Star
Gas Company, recorded in Vol. 199,
County, Texas. Page 612, Deed Records, Denton
13! Easement dated October 18, 1949 from W.
+ and Light Com an T. Evers to Texas Power
P recorded In Vol. 355, page 519, Deed Records,
Denton County, Texas,
141 Easement dated November 10, 1964 from W. and Light Company, recorded in Vol. 516, T. Evers to Texas Power
Denton County, Texas, page 610, Deed Records,
15Easement dated April 11, 1967, from Felix W. Callahan
Texas Power and Light Company, recorded in Vol. c et ux 1,
Deed Records, Denton County, Texas. 54 page 661, 7
16 Lease agreement dated November 7 fi
vir, to , 1966, from Lotta E. Callahan et
Lone Star Gas Co., recorded in Vol. 545, pa g 31 Deed
Records, Denton County, Texas. 8 '
17 Easement dated February 15, 1952 from Will Evers to Texas Power
'and Light Company.
e recorded in Vol. 312, page 583, Deed Records,
+ Denton County, Texas,
18 Easement dated July 14, 1960, from w. T. Evers to Lone Star Gas
t Company, recorded in Vol. 460, + County, Texas. page 90, Deed Records, Denton
E 19. Easement dated March 29, 1955, fram W. T. Evers to Lone Star Gas
Company, recorded in Vol, 410,
County, Texas, page 169, Deed Records, Denton
c ~
y 20. Mineral' interest as set out in Partition Deed between Jessie E. King
et vir, Kenneth M. King and Lotta E. Callahan at vir Felix W.
Callahan dated February 10, I965, recorded in Vol. 519, page 518,
Deed Records, Denton County, Texas, as modified by Partition
Agreement between Jessie E, King and Kenneth Y. King and Lotta
E. Callahan and Felix W. Callahan dated July 15, 1970, and filed
August 14, 1970, recorded in Vol. 606, ' n page 250, Deed Records,
a
T Denton County, Texas.
21. Easement dated June 24, lf70, executed by Lotte E. Callahan et vir
r,.F Felix W. Callahan to Lone Star Gas Company, filed July 21,•1970
under clerk's file 86314.
22. Easement dated December 18, 1973 executed by Henry S. Miller Company,
Trustee to City of Denton, recorded in Vol. 695, page 350, Deed
Records, Denton County, Texas.
a, 23• Easement dated September 22, 1978 executed Lv Lotta E. Callahan et
~i vir Felix W. Callahan to City of Denton, recorded in Vol. 914, page r
24, 522, Deed Records, Denton County, Texas, r
Easement dated executed by Lotta E. Callahan at al to
City of Denton, recorded in Vol. 1128, r' t County, Texas. page 982, Deed Records, Denton +F
t 25. Easement dated executed by Lotta E. Callahan et al to f
City of Denton, recorded in Vol. 1128, page 1988, Deed Records, Denton
County, Texas.
f
trT'CNF' T9 AN't 'CAPE APART OF
, St['N;0.7 7iTIE CNRA,NtY COMPANY
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rrrrt 71UAt D~~dUiE AB
111 (.00111[" PIED
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P AU1W..i1tD COUNTERSIGNATURj
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SN'A12T TITLE'
ovANANrr COMPANY
r.
R E S O L U T I O N
i
WHEREAS, the City Council of tine City of Denton has hereto-
' j
fore determined the necessity for disposing of the real property
hereinafter described= and
i
WHEREAS, after due notice as required by law, competitive
E bids were received by the City of Denton; and
WHEREAS, the highest bid received was for Five Thousand
Eight Hundred Dollars ($5,800.00), from Marvin Willst and
t WHEREAS, the City Council hereby finds and determines that
the redsonable and fair market value of such property is Five
t;
lhou;- nl E?aht Hundred Dollars ($5,800.00)
t: W. TH2REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON# TEXASs i
.1,
SECTION I.
The bid for Five Thousand Eight Hundred Dollars ($5,800.00)
by Marvin Wills is hereby accepted.
SECTION II.
The Mayor is hereby authorized to execute an behalf of the
City of Denton, Texas a quitclaim deed conveying the hereinafter j
described property to Marvin Wills, to-wits
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas out of
N the A.N.B. Tompkins Survey in Denton County, Texas, and being
=p„ score particularly described as followas
1 '4
t
a BEGINNING at the southwest corner of a tract of land conveyed to
W. H. Barnes and wife, Ruby Barnes by deed dated August 22, 1945
and recorded in Volume , Page of the Deed Records of
. 4 Denton County, Texas
THENCE north 72 feet along the east line of McCormick Street to
a point for a corners
r.
' THENCE east 150 feet to a point for a corners
` THENCE south 72 feet to a point for corner in the north line of
Orr-Kid Drive;
THENCE west along `he north line of Orr-Kid Drive 150 feet to
the place of beginning.
CONDIIIONSs Sale is subject to the condition that all future
improvements shall be appplicable to all City of Denton Rules arid
Regulations, Spec iftcations and ordinances.
vPAGE ONE
f t
r
SECTION III. i
i,
The City of Denton is hereby authorized to pay its share of c
# the necessary and reasonable cost of closing as required by the
1'
advertisement for bid.
n
PASSED AND APPROVED this the day of AC s 1482.
IC RD 0. STEWA ~ MAYOR ,
z• CI OF DE TON
G~ .
ATTE tt
Lf , RI 4Tr !
DEPUTY CITY SECRETARY
CITY OF DENTON# TEXAS
F
3 <<. '~j
APPROVED AS TO LEGAL FORMi
C. J. TAYLORi JR., CITY ATTORNEY
' CITY OF DENTON, TEXAS j.
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I ~ a R
Y' lF BYs NO,
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PAGE TWO
I i
272L
E
S
R E S O L U T I O N
WHEREAS the Constitution of the State of Texas affirms the
principle tat "a general diffusion of knowledge is essential to
the preservation of the liberties and rights of the people"
(Article VII, Section 1); and
WHEREAS, the public libraries of the State of Texas
facilitate the greatest diffusion of knowledge, freely, and to
E` all citizens, regardless of age or economic background; and
WHEREAS, the Texas State Library and 4rchives Commission has
approved a budget request for the next biennium which would see
State bunds appropriated to support local library services in an
amount equal to $1.50 per capita; and
WHEREAS, an appropriation in this amount would create a
State and local partnership to provide the educational services
of local public libraries, a partnership which is essential if
adequate service is ever to be realized; and
Y
WHEREAS, an appropriation of $1.50 per capital would be used
by the Denton Public Library to obtain extensive services for
users; and
WHEREAS, the State of Texas, which has appropriated funds
for local public libraries in the current biennium in an mount
equal to $0.32 per capita ranks only 29th among the 44 states
appropriating funds for this purpose; and ?
" WHEREAS, the State of Texas is fortunate to possess the
i means necessary to provide for its citizens improved public
! library services through increased State funding of local public
libraries; NOW, THEREFORE,
1..4 BE IT RESOLVED BY THB CITY COUNCIL OF THE CITY OF DENTON TEXAS: !
5 That, the City of Denton, Texas pledge its support of level
4 funding for the Statewide Library Development program of the
s Texas State Library, and that we further urge the support of all
members of the Texas Legislature to gain passage of this measure.
.r** PASSED AND APPROVED this the 74 day of December, 1982.
y
7
}
1?Y. ',i
CIT OF D' TON, TE~(AS
ATTE
NESTLING
VICKI DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO iEGAI FORM:
C. J. TAYLOR, JA., CITY ATTORNEY
BY: 1 i
7
i
V
y
r ~Y
A
CITY OF DENTON, TEXAS
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
C.J. Taylor, ,7r•, City Attorney
Joe D. Morris, Assistant City Attorney
Robert B. Hunter, Assistant City Attorney < < i
1 }
DATES December 10, 1982
DEC 1 3 t8~
'"Oe Chris Hartung, City Manager
-Vicki Westling, Deputy City Secretary
x Bill McNary, Director of Finance
r.. Bob Nelson, Director of Utilities
f i}
FROM: C. J. Taylur, Jr., City Attorney
4~
r SUBJECT: Callahan lawsuit and purchase of a 25.733 and
' 45.648 acre tracts.
We have closed the purchase of the above property and attach
copies of the following instruments for your filese
1, Resolution of the City Council=
2• Judgment in Cause No. 81-6739-B condemning the full
at fee title to the 17.93 acre tract;
3. Closing statement;
4, Warranty Deed conveying the 27.733 and 45,648 acre
tracts; and
5. Map of the 27.733 and 45.648 acre tracts,
If you have any questions, please feel free to contact t1.e
undersigned.
~ G
M K. J .
tT GJi} n
I
k ry: ti,
CJTJRe js
u Attachments
f 1
9
ti
3
f~
R E S O L U T I O N
WHEREAS, the City of Denton, Texas is the defendant in a
certain cause of Action No. 81-6739-B styled Felix w. Callahant,
et al v. City of Denton, Texas in the 158th Judicial District
Court said Cause of Action involving the title to a 17.93 acre
tract of land described :n Volume 463, Page 260 of the Deed
Records of Denton County, Texas and the title to a roadway
easement described in Volume 472, Page 263 of th? Deed Records
of Denton County, Texas; and
h WHEREAS, the City Council has heretofore instructed and
authorized the City Attorney to instit,ite condemnation
proceedings to acquire the fee simple title to said 17.93. acres
" of land and the fee.simple title to said roadway easement; and
WHEREAS,- the City Council has found and determined that it
ar
would-be in-the best interest of the City of Denton to acquire
approkimately 75 acres of land owned by the Plaintiffs in the
t~sa.
above styled and numbered cause situated around and adjacent to
C
the 17.93 acre tract of land; and
- 'WHEREAS,-the City Council finds and determines that it would
be in the best interest of the City of Denton to acquire said
approximate 75 acre tract of land by the institution of
condemnation proceedings against Felix W. Callahan, et al to
squire the.-fee simple title to said 75 acre tract of land; NOW,
? THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
The City Attorney be, and he is hereby authorized and
directed, to enter, into an agreed
judgment in Cause No, t
81-6739-B styled Felix W. Callahan, et al v. City of Denton,
s
Texas in the 158th Judicial District Court of Denton County,
°y Texas wherein the fee simple title to said 17.93 acres of land
.b
is awarded to the City of Denton, Texas and to further enter
1.
Into an agreed judgment and/or contract of sale from Felix w.
Callahan, Latta E. Callahan Ann C. Stark, Robert W. Callahan and
James E. Callahan to acquire the additional 75 acres of lr,nd
(approximately) for a total consideration and cost to the City
of Denton of Four +
undyed Thousand Dollars ($400,000.00) in ~
settlement Of Cause No. 81-6739-B and in full
~ payment for said
additional 75 acres of land, the said 75 acres to be conveyed
free and clear of all liens, and the judgment condemning the
17.93 acres in fee simple title free and clear of any and all
restrictions and covenants herein above set out in Volume 463,
t Page 260 of the Deed Records of. Denton County, Texas.
SECTION II.
µ As further consideration for the conveyance of the above
described additional
1 property, the City of Denton hereby agrees
to cons'•ruct across Pecan Creek a low water dam in the
s, approximate cost of Thirty-Three Thousand Dollars
' ($33,000.00).
sad rI` OI_
This resolution shall become effective immediately from and
after its date of passage.
,t
, r
PASSED AND APPROVED this the
day of 1982.
Kr
RICHARD O. STEWART, MAYOR
s CITY OF DENTON, TEXAS
ATTESTS
r
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
fi
APPROVED AS TO LEGAL FORM;
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS -
BYr
6 1!
L, .
d
M er~`,?iG'ik'"}! *etPr 37,. I r. .
4 ~
E N0, 81-6739-8
FELIX W. CALLAHAN ET AL S IN THE DISTRICT COURT
VS, S
S of DENTON COUNTY, TEXAS
CITY OF DENTON, TEXAS S '
S 158TH JUDICIAL DISTRICT
JUDGMENT
The above-entitled and numbered cause came on for
y~
he<r:tng before this court on December P
1982• Plaintiffs
Felix W.
Callahan, Lotta P. Callahan, Ann C. Stark, Robert W.
Callahan,- and James E.
Callahan appeared by and through their
attorneys of record.
Defendant and Cross-Plaintiff herein
appeared by and thrcigh its attorneys of record.
At that time attorneys for all
! parties announced that
they had agreed on a settlement of the matters involved in this
t suit and that the City of Denton is entitled to comdemn the
17.93 acre .
r
tract of land. Pursuant to the agreement Defendant
+r, and Cross-Plaintiff, City of Denton, Texas has agreed to build a
low water dam across Pecan Creek at
its expense within
one-hundred and twenty (120) days from date hereof, and to oa
plaintiffs pay
$400,000.00 in full and complete settlement of the
asserted causes of plaintiffs and in full
Payment for a 25,733
acre tract of land and a 45.648 acre tract of land to be
n conveyed to the City of Denton, Texas by Warranty Deeds.
r The Court, on request of the
parties, finds that it has
Y jurisdiction of the parties and subject matter of this suit=
that there is a bonafide dispute between the
~ parties; that the
settlement herein is fair' reasonable, and
juz
„tj and that it
would be in the best interest of the parties if the o
{ ours
i 4 approved the settlement and rendered ud
j gm_Pnt accordingly.
` It is therefore adjudged;
1. Upon the execution and delivery of a
` warranty deed convoying a 25.733
M tract of land and a 45.648 acre tractcof
Y land to the City of Denton, Texas,
r.
y ~
i i
f: JUDGMENT FOR PLAINTIFFS-PAGE ONE ~
A TAO p~`Y,y r~'. uh-1622 •'.i aSly l!I e ~.,r Ml/~~{~,J y,t,~
'Tcky•,ca t '''t.~ h; "t; >9t i1''t', f`'"f ~'`~.~i., `Y ^te ,r ;>.'a^(h ."~1Mw~t~ 't'~Y'r i;PNax"'9.i.
That plaintiffs Felix W. Callahan, Lotta
E. Callahan, Ann C. Stark, Robert W.
¢ Callahan, and James E. Callahan recover
from Defendant and Cross-Plaintiff, the z
City of Denton, Texas the sum of
$400,000.00.
f
2. That the City of Denton, Texas do have
and recover from the Plaintiffs Felix W.
Callahan, Lotta E. Callahan, Ann C.
Stark, Robert W. Callahan, and James E.
Callahan, the full fee simple title,
excluding oil, gas, and mineral interest,
to the following described tract of land
situated in Denton County, Texas to-wit:
A tract or parcel of land situated in Denton County,
Texas, on Pecan Creek, about 4 miles Southeast from Denton, and
being a part of the Gideon Walker 2/3 League Survey, Patented a
~y October 8, 1845, Patent No. 42, Volume 4, and more particularly
described as follows:
BEGINNING at a stake at the Southeast corner
of a 40.93 acre tract, conveyed by W. L.
' Henson and Jewel C. Henson to Wm. T. Evers
October 7, 1924;
THENCE Wast with the South line of the tract
a distance of 695.00 feet, to a point that is
the Southwest corner of this tract, being 15
feet West of a stake that is on the said
South line;
THENCE North 709.00 feet to a point for the
Northwest corner of this tract; being 50 feet
South and 15 feet West of the Southeast •
corner of a tract belonging to Calvin Gabbert;
THENCE East 75.00 feet to a stake;
THENCE North 470 44 East 297.3 feet to a
E stake;
THENCE North 42.5 feet, to a stake on the
bank of Pecan Creek;
THENCE with the bank of Pecan Creek North
660 00' East, 388.7 feet to a stake;
THENCE South 215.00 feet to a stake;
` THENCE South 780 00' East, 204.(" feet, to
a point;
s THENCE South 974.75 feet to a point in the
South boundary line of Wm. T. Evers land, and '
i the North line of the N. T. Wilkerson land;
THENCE North 510 30' West, 198.3 feet to
the point of beginning, containing 17.93
acres. more or less.
3. That costa of suit be taxed against the
City of Denton, and that the City of
Denton may have its writ of possession.
r r"
JUDGMENT FOR PLAINTIM-PAGE 7.40 g:
' R~ ° r ~~W , f ' ~ r: ,.1~ ~r.l; .e~•'~pj `•y~T "'F~,~~~n.~J~~s n n
M'RX422K?C -L gJ, yn a, ~ ' ~ F ~ f S~ ii ''lr^•~~ 7~X
4,, 0
a
SIGNED AND ENTERED this day of December, 1982.
w
Ju ge John Narsutis
Judge of the 158th
Judicial District'Court,
Denton County, Texas
i
Y
APPROVED:
PHIf.?CIS, WHITE, DAVIDGE, GRIFFIN,
SHEL "I,ND FAMES
- N
BY:
ATTORNEYS FOR PLAINT FFS
~ w
y1
Y
p. C. J. A LO , J . , C R N E Y
ATTOR EY FOR D FENDAN AND CROSS-
` PLAINTIFF, CITY OF DENTON, TEXAS
~I WCALLAHAN, P a nth- i(
TTA 9. CALLAHAN, P 1 a rn,.t~i
JA;ME~.E. CALLAHAN, Plaintiff
P ANN C. STARK, Plaintiff
. By.
W. C LAHAY,
Her Attorney-in-Pact
ROBERT W. CALLAHAN, Plaintiff
i 5 7
By : 7~ 1: i t lr.Ee_(' _c •.-l
EELIX 14. CALLAHAN
His Attorney-in-Fact
r
r,
JUDGMENT FOR PLAINTIFFS-PAGE THREE
~dy e x {f`."
~de~~n
~~4
STEWART TITLE
PURCHASER'S STATEMENT
DATE: AZ-/a42- GF No.: - O
SALEFROMT0:
PROPERTY ~S~~~ari y°~5,733Q.Q.. WW.R^~~ew~LrEy 4i -/.331J
PURCHASE PRICE
PtUS. CHARGES
Filing tees to County Clerk:
WD /3.Oc7 REL DT TSF
AFF $ 13,00
Loan Charges and Fees Due to _
Appr. Fee Cr. Rep. Photo
Orig. Fee Insp. Fee $
a
S_
Loan Transfer Fee or Assumption Fee $
Fees to Tt .
Title Company
Title Policy: Owner Mortgagee Binder
t Escrow ~c? Restrictions
S /5 o J;
Tax Certificates: i
i'
State and County $
City and School $ w
Other $
Survey Fee to $
Attorney's fen for prepsrat;on of papers to S
- a
Flood Insurance premium to $
Ha:ud Insurance premium to $
Tax and Insurance escrowed with $
_ mos. tax deposit 0 per mo.
nee. hazard Insurance 0 per mo.
mos. flood insurance per mo.
mos. mortgage Insurance iP per mo. S =
$ _ I
Intnraat from to $
Proration of hazard insurance from to $
Proration of flood insurance from to $
Maintenance charge proration from to $
Tax proration from to S
w
Escrowed accounts with lender purchased from Seller $
r S_
TOTAL CHARGES $ o7t~_7a
t GROSS AMOUNT DUE BY PURCHASER S
LESS: CREDITS
a ' Down payment or earnest money paid to $
Loan from
1,10 Note assumed $
Interest proration from to _ $
Tax proration from as aa.LL...r
$
Rant proration from _ to $
Other Credit $
$
TOTALCREDITS$
l l: BALANCE DUE BY/TO PURCHASERS
• Parchaser understands the timing or Escrow Agent has assembled thisinfurmation ropresenting the transaction from tht test information
available from other sources and cannot guarantee the accuracy thereof Any real estate agent or lender involved may be furniehed a copy of this
Statement.
Purchaser understands that tea and ineutime proration& and reserves were based on figures for the preceding year or supplied by others"
estimates for current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Setter
direct.
The undersigned hereby suihoriaN S Tr jd ~.7" L C to make expenditures and disbursements u shown above and
apProveswmeforpay:nent,Theundersigned alsuacknowledges receipt oftaanfunds, i(appiiable,inthMmcuntshown above andrecdptofacopy
of tlt4 Statement,
CLOSING OR ESCROW ACENT ADDRESS'
Y wI}c~~w §.i~. p ,'fir 1 . . S J V. } a'.~ Cti .++'~w `r~ n + ti
t
:{;'±iy A~ ti"ri r~~a + "taS~'ti~~^ r~~Y•
t WARRANTY DEED
THE STATE OF TEXAS S
COUNTY OF DENTON I ; KNOW ALL MEN BY THESE PRESENTS:
~y
s
That we, FELIX W. CALLAHAN and wife, LOTTA E. CALLAHAN, of
Denton County, Texas, and JAMES E. CALLAHAN of Denton County,
e
Texas, ANN C. STARK of Bee Cuunty, Texas, and ROBERT W. CALLAHAN
of Pierce County, Washington, not joined by our spouses because
the hereinafter de•r_ribed property consitututes no part of our
homesteads and is our sole and separate property, for and in con-
sideration of the sum of TEN AND NO1100 ($10.00) DOLLARS and
other valuable consideration to the undersigned paid by the
Grantee herein named, the receipt of which is hereby acknow-
ledged, have GRANTED, SOLD AND CONVEYED, and by these presents do
'r
GRANT, SELL AND CONVEY unto CITY OF DENTON, TEXAS, a municipal
t, corporation, Grantee herein, of the County of Denton, State of
(4 Texas whose mailing address is Municipal Building, 215 E.
McKinney, Denton, Texas 76201, all of the following described
real property in Denton County, Texas,•to-wit:
a'
V
TRACT ONE:
All that certain tract or parcel of land situated in the Gideon
Walker Survey, Abstract 1330, Denton County, Texas, being a part
of a certain (called) 430.140 acre tract described in a deed from
Henry S. Miller Co., Trustee to Lotta E. Callahan on the 2nd day
ra of August, 1977, recorded in Volume 847, Page 690, Deed Records
of said County, and being more fully described as follows:
' BEGINNING at a steel pin at the West Southwest corner of said
430.140 acre tract in Mayhill Road and at the Southeast corner of
the MEP & PRk Co. Survey, Abstract 927;
THENCE N. 2° 58' 37" E. with said Survey line and the most
Westerly boundary line of said 430.140 acre tract in Mayhill
^ F" Road, a Distance of 751.63 feet to an iron pin at a mid-Northwest
corner of said tract;
THENCE S. 88° 06' 15" E. with a fence and the North line of a
road a distance of 2641.17 feet to an iron pin and fence corner
at an inner ell corner of said tract rnd a bend in said road;
„ THENCE S. 38' 23' 20" E. with a fence and a Northeasterly line of
said road a distance of 61.96 feet to a steel pin on a Northerly
boundary line of a. City of Denton Sewage Treatment Plant tract
described in a deed from W. T. Evers et al in Volume 463, Page
260, Deed Records of Denton County, Texas;
THENCE S. 49' 38' W. with a North boundary line of said City
Tract a distance of 11.88 feet to a steel pin at an angle;
1 It 11
. V . r~P y '"rd' r n . ~ • { xy ~~R~ c ~•~.~T Xf~~~.~'~'Ik
i
THENCE N. 88' 06' W. a distance of 60.0 feet to a steel pin at
the West Northwest corner of said City of Denton Tract;
THENCE S. 1' 54' W. along and near a fence a distance of 709.0 to
a steel pin and fence corner at Southwest corner of said City of
Denton Tract;
THENCE 1;. 87' 50' 41" W. with a fence and a Sputh boundary line
of said 430.140 acre tract a distance of 693.69 feet to a steel
pin at a fence corner angle;
I
THENCE N. 87' 49' 09" W. with a fence a distance of 1932.91 feet
to the Point of Beginning and containing 45.648 acres of land,
TRACT TWO:
All that certain tract or parcel of land situated in the Gideon
Walker Survey, Abstract 1330, Denton County, Texas, being a part
of a certain (called) 430.140 acre tract described in a deed from
Henry S. Miller Co., Trustee to Lotta E. Callahan on the 2nd day
of August, 1977, recorded in Volume 847, Page 690, Deed Records
of said County, and being more fully described as follows:
BEGINNING at a steel pin at the Southeast corner of a City of
Denton Sewage Treatment Plant Tract described in a deed from W.
T. Evers, et al to City of Denton on December 12, 1960 and
recorded in Volume 463, Page 260, Deed Records of Denton County,
' Texas, and an inner Southwest corner of said 430.140 acre tract;
THENCE N. 1' 54' E. along and near a fence a distance of 980.70
' feet to a steel pin and fence corner at the East Northeast corner
of said City of Denton Tract;
THENCE Westerly with the North boundary line of said City Tract
the following 5 bearings and distances: (1) N. 76' 06' W. 220.0
feet (2) N. 1' 54' E. 215.0 feet (3) S. 67' 54' W. 388.7 feet (4)
S. 1' 54' W. 42.50 feet (5) S. 49' 38' W. 285.42 feet to a steel
pin on the Northeasterly line of°a road;
" THENCE N. 38' 23' 20" W. with a fence and the Northeast line of
said road a distance of 61.96 feet to a steel pin and fence
corner at an inner ell corner of said 430.140 acre tact;
THENCE N. V 20' 58" E. with a West boundary line of said tract
' along and near a fence a distance of 287.56 feet to a corner in
Pecan Creek;
THENCE Easterly and Southerly with the middle of Pecan Creek the
" following 17 courses and distances: (1) S. 60' 18' 06" E.
157.38 feet (2) N. 71' 18' 35" E. 518.28 feet (3) S. 71' 41' 41"
E. 173.01 feet (4) S. 67' 48' 26" E. 297.75 feet (5) S. 49' 16'
23" E. 79.11 feet (6) S. 8' 35' 49" E. 243.12 feet (7) S. 31' 49'
:G 18" E. 169.01 feet (8) S. 85' 55' 18" E. 223.65 feet (9) S. 44'
19' 49" E. 137.92 feet (10) S. 48' 06' 12" E. 242.88 feet (11) S.
42' 28' 28" E. 89.0 feet (12) S. 6' 04' 26" W. 108.62 feet (13)
k S. 25' 15' 45" W.-70.50 feet (14)- S. 51' 44' 51".W.. 187.94 feet
(15) S. 12' 43' 27" W. 301.18 feet (16) S. 52' 11' 17" W. 93.32
feet (17) S. 41' 41' 08" W. 244.97 feet to a corner in said
Pecan Creek on-a South boundary line of said 430.140 acre tract;
i
THENCE N. 48' 52' 43" W. along and near a fence a distance of
712.26 feet to the Point of Beginning and containing iti all
25.733 acres of land.
THIS CONVEYANCE IS SUBJECT TO THE FOLLOWING:
I. Easement dated August 24, 1925, from W. T. Evers to-Lone Star
Gas Company, recorded in Vol. 199, page 615, Deed Records,
Denton County, Texas.
WARRANTY DEED, Page Two
2. Easement dated July 14, 1960, from W. T Evers Dto Lone Star
Gas Company, recorded in Vol. 460, page 89, Denton County, Texas.
s
3. Easement dated March 3, 1925, from George W. Clark to Lone
' Star Gas Company, recorded in Vol. 199, page 612, Deed f
Records, Denton'CouTity, Texas.
y
4. Easement dated October 18, 1949 from W. T. Evers to Texas 4
Power and Light Company, recorded in Vol. 355, page 519,
Deed Records, Denton County, Texas.
a
5. Easement dated November 10, 1964, from W. T. Evers to Texas
Power and Light Company, recorded in Vol. 516, page 610,
Deed Records, Denton County, Texas.
` 6. Easement dated April 11, 1967, from Felix W. Callahan et ux
to Texas Power and Light Company, recorded in Vol. 549, page
661, Deed Records, Denton County, Texas.
1966, from Lotta E.
7. Lease agreem,:nt dated November 7,
s Callahan et vir, to Lone Star Gas Co., recorded in Vol. 545,
page 31, Deed Records, Denton County, Texas.
8. Easement dated February 15, 1952 from Will Evers to Texas
Power and Light Company, recorded in Vol. 372, page 583,
y, Deed Records, Denton County, Texas.
f{ 9. Easement dated July 14, 1960, from W. T. Evers to Lone Star
Gas Company, recorded in Vol. 460, page 90, Deed Records,
FDenton County, Texas.
10. Easement dated March 29, 1955, from W. T. Evers to Lone Star
Gas Company, recorded in Vol. 410, page 169, Deed Records,
Denton County, Texas.
11. Mineral interest as set out in Partition Deed between Jessie
E. King et vir,,Kenneth M. King and Lotta E. Callahan et vir
F Felix W. Callahan'.dated February 10, 1965, recorded Texas Vol.
519 page 518, Deed Records, Denton County, ' modified by Partition Agreement between Jessie E. King and
h a, Kenneth M. King and Lotta E. Callahan and Felix W. Callahan
dated J,Tly 15, 1970, and filed August 14, 1970, recorded in
Vol. 606, page 250, Deed Records, Denton County, TexaR.
12. Easement dated June 24, 1970, executed by Lotta E. Callahan
at vir Felix W. Callahan to Lone Star Gas Company, filed
July 219 1970 under clerk's file 16314.
13. Easement dated December 18, 1973 executed by Henry S. Miller.
Company, Trustee to City of Denton, recorded in Vol. 695,
page 350, Deed Records, Denton County, Texas.
l' 14. Easement dated September 22, 1978 executed by Lotta E.
s, Callahan et vir Felix 1-1. Callahan to City of Denton,
recorded in Vol. 914, page 522, Deed Records, Denton County,
• Texas.
r, 15. Easement dated executed by Lotta E.
Callahan et al to City of Denton, recorded in Vol. 1128,
page 982, Deed Records, Denton County, Texas.
16. Easement dated executed by Lotta E.
Callahan an al to City of Denton, recorded in Vol. 1128,
page ivo, Deed Records, Denton County, Texas.
17. That portion on the West lying in the Mayhill Road; Road
easement along the North; Power poles and lines; Guy ease -
meets; protrusion of fences beyond property lines; protrusion
WARRANTY DEED, Page Three 4'
~ 4~ 4fi .t Vii'
K' of property lines beyond fences; and City of Denton ease-
ments all as shown on Survey dated October 25, 1982 by Gary
W. Hammett, Registered Public Surveyor.
18. Road easement dated August 30, 1961 executed by W. T. Evers
et al to the City of Denton recorded in Vol. 472, page 263,
Deed Records, Denton County, Texas.
TO HAVE AND TO HOLD the above described premises, tugether
with all and singular the rights and appurtenances thereto in
anywise belonging, unto the said Grantee, its successors and assi 91
gns forever; and we do hereby bind ourselves, our heirs, execu-
tors 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 lawfuly claiming or
to claim the same or any part thereof.
EXECUTED this day of 1982.
Y+
r y
FELIX W.
CALLAHAN
s
LOTT E. CA
A L
,ti JAMES E. CALLAHAN
ANN C. STARK
By.
her agent` and
z.."1
%
attorney-in-fact
ROBERT W. CALLAK.AN
r0
By:
F LI W. CALLAHAN, his agent and
attorney-in-fact
.x
I
WARWO."Y DEED, Page Four µ
P
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THE STATE OF TEXAS S
S
COUNTY OF DENTON S
BEFORE ME, the undersigned authority, in and for said County, r~
Texas, on this day personally appeared FELIX W. CALLAHAN and
LOTTA E. CALLAHAN, known to me to be the persons whose names are c
subscribed to the foregoing instrument, and acknowledged to me '
that they executed the same for the purposes and consideration$
therein expressed.
j GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 1982.
Notary Public, State o Texas
My Commission Expires'
i,
THE STATE OF TEXAS S
iv R
COUNTY OF DENTON S
BEFORE ME, the undersigned authority, in and for said County,
,x Texas, on this day personally appeared JAMES E. CALLAHAN, known
to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 1982.
{ .1
, SI
Notary Public, State o Texas
1 My Commission Expires:
! Y
^ THE-STATE OF TEXAS I
S
COUNTY OF DENTON S
BEFORE ME, the undersigned authority, in and for said County,
n Texas, on this day personally appeared FELIX W. CALLAHAN as agent
and attorney-in-fact for ANN C. STARK, known to me to be the per-
son whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
0 consideration therein expressed and the in capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
1982.
Notary Public, tate o exas
My Commission Expires:
WARRANTY DEED, Page Five
~ l
t
r
4 THE STATE OF TEXAS 5 ,
COUNTY OF DENTON 5
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared FELIX W. CALLAHAN as agent
and attorney-in-fact for ROBERT W. CALLAHAN, known to me to be
the person whose name is subscribed to the foregoing instrument, 1
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and the in capacity therein
stated.'
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day i'
1982.
}rt
Notary Public, State o Texas
My Comwission Expires:
~a
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----FDY-M BY COUNTY ----=9T11ETURN TO
City of Denton I
Municipal Building
j~ 215 E. McKinney
Denton, Texas 76201
1
WARRANTY DEED, Page Six
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f R E S O L U T I O N
WHEREAS, the City Council of the City of Denton has hereto-
fore determined the necessity for and ordered the acquisition by
the City of Denton of the hereinafter described right, title an9
Interest in the land hereinafter described; and
WHEREAS, the City of Denton has been unable to agree and
cannot agree with the owner upon the value of the hereinafter
described right, title and interest in the hereinafter described
land situated in the City of Denton, Denton County, Texas, NOW, r
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
s.
` SECTION I.
The City Council hereby finds and determines that it is
necessary to acquire the hereinafter described rights, title and
interest in the hereinafter described land, and that it Is
necessary that it authorize proceeding in Eminent Domain to
acquire the right, title and interest in the hereinafter
y#4, .
described property.
SECTION II.
The City Attorney of the City of Denton, Texas, is hereby
authorized and directed to bring condemnation proceeding to
obtain the fee simple title, including all improvements thereof,
to the following tract of land situated in Denton County, Texas:
All that certain 0.157 acre tract or parcel of land situated in
.n the B.B.B. & C.R.R. Co. Survey, Abstract No. 186, Denton County,
Texas, said tract being part of a tract shown by deed to B. M.
t Ennis and recorded in Voluae 1001, Page 542, of the Deed Records
of Denton County and being more particularly described as
follows,
BEGINNING for the northwest corner of the tract being described
herein at a ms -k found in the concrete at the northwest corner
of said Ennis Tract;
THENCE south 88047150" east 271.39 feet to the northeast
corner of a brick column;
THENCE south 02014159" west 2S.82 feet to an iron pin set in
the ground on the south line of proposed Windsor Drive;
w THENCE north 8802712710 west with the south line of said
proposed road 148.53 feet to an iron pin set in the ground;
I DSOR DRIVE/B. M. ENNIS, ET UX c'~..
►
W
PAGE NE
, ,~~'~i ,y-' r`.•e"aP~a~~~~ra,~'?~~[~ib ~!I "~k~~q~y~y~~ ati~' ,ry,,.
. a x AFL
{
THENCE north 89000'32" west with the south line of said
proposed road 122.40 feet to an iron pin set in the ground;
' THENCE north 01012149" east 25.39 feet to the point of
beginning.
i for street and utility purposes; with the title thereto vesting
in the City of Denton; however, there is excluded from said '
s
estate to be condemned all the oil, gas and sulpher which can be
removed from beneath said land without any right whatever
remaining to the owner of said oil, gas and sulpher of ingress
and egress to or from the sjrface of said land for the purpose
of ex)loring, developing, drilling or mining the same.
~r
SECTION III.
This Resolution shall become effective from and after its
5k date of passage.
a PASSED AND APPROVED this the day of December, 1982.
4'
,r CI OF DINSTOTNEVAU
A ,
M
ATTBS
F:
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON$ TEXAS
BY:
e
WINDSOR DRIVE/B. M. ENNIS, ET DX
PAGE TWO
•
F
f~ ,j
212L
w
S
R E S O L U T I O N
WHEREAS, the City Council of the City of Denton has hereto-
fore determined the necessity for disposing of the real property
hereinafter described) and
t WHEREAS, after due notice as required by law, competitive
bids were received by the City of Denton; and
WHEREAS, the highest bid received was for Five Thousand One
Hundred Dollars ($5,100.00), from McMahan Tire 6 Supply Co.,
Inc./McMahan Oil Co.; and
WHEREAS, the City Council hereby finds and determines that
the reasonable and fair market value of such property is Five
k Thousand One Hundred Oollar.s ($5,100.00);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
~z CITY OF DENTON, TEXASt
r:
SECTION I.
The bid for Five Thousand One Hundred collars ($5,100.00) by
McMahan Tire i Supply Co., Inc./McMahan Oil Co. is hereby
accepted.
SECTION II.
s.
The Mayor is hereby authorized to execute on behalf of the
rte,'` City of Denton, Texas a quitclaim deed convey'.ng the hereinafter
described property to McMahan Tire i Supply Co., Inc./McMahan
' Oil Co., to-Mitt
All that certain tract or parcel of land situated in the B.B.B.
C.R.R, Survey, Abstract No. 185, Denton County, Texas, and
being a part of that certain tract deeded by J. A. Carroll to
the Missouri, Kansas and Texas R.R. Co. on October 9, 1885,
recorded in Volume 28, Page 403, Deed Records of Denton County
x" and being more fully described as followsi
BEGINNING at the northwest corner of Block 14 of the B.B.B. &
C,R.R. Survey, Abstract No. 1851
THENCE north 890211190 east 285.55 feet to the east right of
way of 60 foot road, an iron pin, the true point of beginning;
THENCE north 89021119" east 27.21 feet to a point 50.0 feet
from the center line of the main tract of T 6 P R.R., a 60 penny
nail in the croestie; j
THENCE with a curve to the left whose tangent bearing is south
20054136" west and radius is 1959.86 feet a distance of 325.55
# feet to an iron pin;
yN1g PAGE ONE
1
it
THENCE south 89018150" west 121.17 feet to the east right of
way of a 60 foot road, a railroad spike driven in a concrete
slabt
k! THENCE a,)rth 30028' east with said right of way 363.7 feet to
the true point of beginning and containing 0.497 acres of land,
a more or less. j;,
' CONDITIONS: If and when development occurs on this site, a
minimum twenty-five foot (251) front yard setback is required,
and all City of Denton Rulis and Regulations, Specifications and
Ordinances shall be applicable.
4
SECTION III.
The City of Denton is hereby authorized to pay its share of y
the necessary and reasonable cost of closing as required by the
advertisement for bid.
PASSED AND APPROVED this the day ofQ. 1982.
a
ffAAD ~c
I STEW T, 0
'Y CI Ity OF NTON
k y.
Y
ATTES :
a
}
ICRI 418 LING
P q` a DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
'r
BY:
r
,
s .
tR
p 7~
PAGE TWO A
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t
R E S O L U T I O N
i
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the Mayor of the City of Denton, Texas, be and he is
hereby authorized and directed, to execute on behalf of the City
of Denton, Texas, a contract between Taylor-Hall Construction
Company, Inc. and the City of Denton, Texas concerning the
renovation of the old fire station for a central police f
t
station. A copy of which is attached hereto, and made a part ti
hereof, for all purposes.
i, SECTION II.
The City Manager, be and he is hereby authorized to employ
the necessary employees, contractors, or supervisors to take
over and manage the completion of the renovation of the old fire
14
rl. station for a central police station.
PASSED AND APPROVED this the 2nd day of December, 1982.
k
41
~'!r
I HARD STEW ANT, MAYOR
CI OF 0NTON, TEXAS
\J~ ATTES :
d t. ,
r y? . ~ I TLINd
DCPUTY CITY SECRETARY
C*TY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
Y By l
.
Ln
V
'+Y t
l
4 .
THE STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON S
WHEREAS the City of Denton, as the Owner, and Taylor-Hall
Construction Company, as the General Contractor, entered into a
contract dated August 26, 1982 for the renovation of the old
y
fire station for a central police station in the total amount of
t One Million Eighty-Nine Thousand Nine Hundred Dollars and
t
WHEREAS, the performance and payment bonds submitted by
Taylor-Hall Construction Company, Inc. have been determined,
' r
through no fault of Taylor-Hall Construction Company, Inc. or
' the City of Denton, Texas, to be insufficient s:rder the bid
documents, the contract documents, and the charter and laws of
R the State of Texasr and
WHEREAS, Taylor-Hall Construction Company, Inc. has been
unable after due diligence to submit a Performance and Payment
a.
Bond satisfactory to the City of Denton, Texas for the
completion of the above described projectp now, therefore, in I
consideration of the payments and agreements, herein set forth,
the parties mutually agree as follows:
1. Taylor-Hall Construction Company, Inc. hereby voluntarily
releases, transfers and conveys to the City of Denton, Texas all
of its right, title, and interest in and to the construction
contract dated August 26, 1982 between the City of Denton, Texaa
r. , 1.
and Taylor-Hall Construction Company, Inc. for the renovation of
zti the old fire station for a central police station in the City of
Denton, Texas.
} 2. Taylor-Hall Construction Company, Inc. hereby voluntarily
rslases, transfers and conveys to the City of Denton, Texas all
t of its right, title and interest in and to all subcontracts
between Taylor-Hall Construction Company, inc. and the various
subcontractors for work and labor to be performed on the
{ contract for the renovation of the old fire station for a
i
' central police station, including all contracts for the purchase
of supplies and materials for the above described construction
project.
PAGE ONE
.yia ~•FY. MYLCtla401.:,..r.. r., r,;V r=c;p:~wa f,,n
1
j
Jl
R
3. The City of Denton and Taylor-Hall Construction Company,
Inc. hereby agree thit Taylor-Hall Construction Company, Inc.
has expended the sum of $101,054.53 for labor, materials, and
subcontract payments of which amount Taylor-Hall Construction
Company, Inc. has already been paid the sum of $57,651.09 by the
City of Denton. Upon the execution and approval of this
2
i N
agreement, the City of Denton, Texas will pay to Taylor-Hall
t
Construction Company, Inc. the sum of $30,403.44 and upon
verification of ce>A ain bills the City of Denton will pay to
z
Taylor-Hall Construction Company, Inc. an additional sum of
} $13,000.00; however, it is understood and agreed that the City
of Denton will not pay any bill for labor or materials not
t.
r incorporated into the project, which shall constitute full
payment for all work, labor, and materials incorporated into the
above described contract by Taylor-Hall Construction Company,
IV- Inc. If there is a dispute between Taylor-Hall Construction
Company, Inc. and the architect as to whether or not any bill or
;J
charge for labor or material was actually incorporated into the
{ construction project, then such dispute shall be submitted to
three arbitrators composed of the attorney for Taylor-Ball
r~
Construction Company, Inc. and the City Attorney of the City of
Denton, Texas, and one professional engineer licensed in the
State of Texas selected by the attorney for Taylor-Hall
Construction Company, Inc. and the City Attorney of the City of
Denton, Texas. The decision of the arbitrators on any given
r dispute shall be final and binding on Taylor-Hall Construction
a
Company, Inc. and the City of Denton, Texas.
4. Taylor-Hall Construction Company, Inc. hereby certifies
that all costs and/or bills for all labor and materials
` incorporated into the above described project and all costs and
bills for all materials on the project site have teen paid for
by Taylor-Hall Construction Company, Inc., except to the extent
} that subcontracts are in progress and except for those bills
f
s`listed on Exhibit "A" attached hereto and made a part hereof and
any further bills for labor and materials incorporated into the
t
PAGE TWO
1
project and certified by the architect of the City of Denton as
labor and materials Incorporated into the project. Taylor-Hall
Construction Company, Inc. further certifies that there are no
outstanding loans with any banks, savings and loan associations,
insurance company, or other individual, company or association
that would constitute a lien or charge against the project
and/or Taylor-Nall Construction Company, Inc.
5. The City of Denton, Texas hereby releases
Taylor-Hall ~
Construction Company, Inc. from any and all liability for
completion of the above described contract, and Taylor-Hall
Construction Company, Inc., hereby waives, releases, and conveys
unto the City of Denton, Texas all of Its right, title and
r interest in and to the above described contract,
6. The parties hereto agree that in the payments to be made
r' to Taylor-Hall Construction Company, Inc. there is a bill of
z
$10,000 which was paid to New Hampshire Insurance Company on
y August 9, 1982 in payment for the premium for Performance and Ij
I Payment Bonds on the !
project for the renovation of the police
ti station, and Taylor-Hall Construction Company, Inc. hereby
u
w4 t transfers and assigns to t',e City of Denton, Texas all of its
i,
r' right, title and interest in and to said payment to New
Hampshire insurance Company and hereby authorizes the City of
i
Denton to file slit against New Hampshire Insurance Company for
tsr
the return of such
wt premium payment.
. ' , - EXECUTED this 2nd day of December, 1982.
CITY OF DENTON, TEXAS TAYLOR-HALL CONSTRUCTION
COMPANY, INC.
2Y J 31 1
ittu
~E "
i I Al ST RT, MAYO N TAYLOR, PRESIDENT
ATT19STi /
? E
' I -K'F'BTLINO
DEPUTY CITY SECRETARY
CITY OF DEWPON, TEXAS
r
APPROVED AS TO LEGAL FORMI
F., C. J. TAYLOR, JR., CITY ATTORNEY
t CITY OF DENTON, T$XAD
SY t
PAGE THREE All
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