HomeMy WebLinkAbout23-706ORDINANCE NO. 23-706
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR
DESIGNEE, TO EXECUTE A CONTRACT OF SALE BETWEEN THE CITY OF DENTON,
AS "BUYER", AND NELDA HACKETT (REFERRED TO HEREIN AS "SELLER"), FOR THE
PURCHASE OF APPROXIMATELY 6.5 ACRES OF LAND, MORE OR LESS, FOR THE
PURPOSES OF THE CONSTRUCTION OF A WASTEWATER TREATMENT FACILITY
AND OTHER PUBLIC USES , BEING LOCATED IN THE J. W. WITHERS SURVEY,
ABSTRACT NO. 1343, AND THE B.B.B. & C.R.R. COMPANY SURVEY, ABSTRACT NO.
196, ALL LOCATED IN THE CITY AND COUNTY OF DENTON, TEXAS, FOR A
PURCHASE PRICE OF $820,000.00; AUTHORIZING THE PROVISION OF RELOCATION
ADVISORY SERVICES AND RELOCATION FINANCIAL ASSISTANCE IN AN AMOUNT
OF $155,478.84; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the above-captioned tract, containing approximately 6.5 acres of land, and
being more particularly described in Exhibit "A" to the Contract of Sale (the "Contract"),
hereto and made a part hereof for all purposes, (the "Property") may be put to public use and
benefit; and
WHEREAS, Seller has agreed to sell the Property to the City of Denton (the "City") for
the purchase price of Eight Hundred Twenty Thousand Dollars ($820,000.00); and
WHEREAS, the City Council hereby finds that the Contract between the City and Owner
serves a municipal and public use and is in the public interest; and
WHEREAS, the Seller is eligible for Relocation Advisory Services and Relocation
Financial Assistance according to Ordinance No. 2012-073; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by
reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or designee, is authorized to: (a) execute the Contract of
Sale between the City of Denton, as Buyer, and Nelda Hackett, as Seller, for the purchase price of
$820,000.00 and under the terms and conditions set forth in the attached Contract of Sale, and (b)
execute any other documents necessary for closing of the transaction contemplated by the Contract,
and (c) provide relocation advisory services and financial assistance according to Ordinance No.
2012-073 in the amount of $155,478.84.
SECTION 3. The City Manager is further authorized to make expenditures and to carry out
all duties and obligations as set forth in the Contract.
SECTION 4. That to the extent the Property is being purchased wholly or partly with bond
proceeds, City has obtained an independent appraisal of the Property's market value.
SECTION 5. If any section, article, paragraph, sentence, phrase, clause, or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by Tiri "''""' 'fsec. K.
by 'is<'o--JI)..... ~¼c.H Mt.. G~<-, the ordinance was passed
and seconded
and approved by the
following vote [ G -_Q__]:
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis, District 3:
VACANT, District 4:
Brandon Chase McGee, At Large Place 5:
Chris Watts, At Large Place 6:
Aye
✓
/
✓
✓
✓
Nay Abstain Absent
PASSED AND APPROVED this the L( ~ day of_,_A-'-'('c.....:'-·,-'-\ ____ , 2023.
ATTEST:
ROSA RIOS, CITY SECRETARY
~ • ~tySecretary
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
BY: --·-------,....,,, .... .,.,,.,,,,,.,,.....,, --------· __ ..... .._.. ... ~·-3""2.ll!IUO_,_
k ~ GERARD HUDs ETH,MA YOR
---------------
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CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF DENTON §
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HA VE THE
RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE
CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR
(2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE
OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT
CODE.
This Contract of Sale (the "Contract") is made this L/ f l day of A r; / , 2023,
effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date"), by
and between Nelda Hackett, (referred to herein collectively as "Seller") and the City of Denton,
a Texas home-rule municipal corporation (referred to herein as "Buyer").
RECITALS
WHEREAS, Seller owns those certain tracts ofland, in the J. W. Withers Survey, Abstract
No. 1343, in the B.B.B. & C.R.R. Company Survey, Abstract No. 196, City of Denton, Denton
County, Texas, as described in. Document Number 2003-137250, recorded in the Denton County
Deed Records, and being more particularly described Exhibit "A" attached hereto and made a
part hereof for all purposes (the "Land"); and
WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the
Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys, and
rights of way and together with all and singular the improvements and fixtures thereon and all
other rights and appurtenances to the Land (collectively, the "Property").
ARTICLE I
SALE OF PROPERTY
For the consideration hereinafter set forth, and upon the terms, conditions, and provisions
herein contained, and subject to the reservations herein, Seller agrees to sell and convey to
Buyer, and Buyer agrees to purchase from Seller, the Property.
Seller, subject to the limitation of such reservation made herein, shall reserve, for
themselves, their heirs, devisees, successors, and assigns, all oil, gas, and other minerals in, on,
and under and that may be produced from the Property. Seller, their heirs, devisees, successors,
and assigns shall not have the right to use or access the surface of the Property, in any way,
manner, or form, in connection with or related to the reserved oil, gas, and other minerals and/or
related to exploration and/or production of the oil, gas, and other minerals reserved herein,
in.eluding without limitation, use or access of the surface of the Property for the location of any
well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit
areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or
any other infrastructure or improvement of any kind or type in connection with or related to the
reserved oil, gas, and other minerals, and/or related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas, and all associated
hydrocarbons, and shall exclude (1) water, (2) all substances that any reasonable extraction,
mining, or other exploration and/or production method, operation, process, or procedure would
consume, deplete, or destroy the surface of the Property; and (3) all substances which are at or
near the surface of the Property. The intent of the parties hereto is that the meaning of the term
"other minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie,
597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas
above the surface of the earth.
It is understood that the Property, or a portion thereof, is subject to that certain Oil, Gas
and Mineral Lease dated March 9, 2000 between Marvin C. Burch, et al as lessors, and Roger A.
Soape, Inc., lessee, (the "Oil and Gas Lease") and that such Oil and Gas Lease, to the extent it is
valid and subsisting, shall not be subject to such surface use prohibitions, to the extent provided
by law. However, (i) such Oil and Gas Lease and any other valid and subsisting oil, gas and/or
mineral lease(s) ("Other Mineral Lease(s)") shall be considered an Exception, as defined below;
(ii) Seller agrees that it will not grant, renew or extend any surface use rights or surface use
rights agreements with respect to the Property; (iii) Seller shall secure for the benefit of Buyer
the grant of a partial release and waiver from Richard L. Burch, a/k/a Richard Lee Burch, a/k/a,
Richard Burch, and Nelda Grace Burch Hackett, a/k/a Nelda G. Hackett, a/k/a Nelda Grace
Jeanes Hackett of all surface rights to the property covered by the Oil and Gas Lease, save and
except those rights retained by BKV Barnett, LLC, in its capacity as successor-in-interest to
Devon Energy Production Company, LP, in its capacity as a successor in interest to Roger A.
Soape, the original lessee in the Oil and Gas Lease, in the Partial Waiver and Release of Surface
Rights recorded in the official records of Denton County, Texas as Document Number 165173
on November 8, 2022 and attached hereto as Exhibit "C"; and (iv) the surface rights released and
waived pursuant to clause (iii) hereof shall be conveyed by Seller to Buyer as of the Closing
Date. Seller's obligation to secure the surface rights release set forth in clause (iii) of this
paragraph is a condition to Closing.
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ARTICLE II
PURCHASE PRICE. EARNEST MONEY,
AND ADDITIONAL EXPENSES
2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of
EIGHT HUNDRED TWENTY THOUSAND and NO/100 Dollars ($820,000.00) (the "Purchase
Price"), subject to appropriation.
2.02 Earnest Money. Buyer shall deposit the sum of FIFTY THOUSAND and No/100 Dollars
($50,000.00), as "Earnest Money" (herein so called) with WFG National Title Company, 3492
Long Prairie Road #200, Flower Mound, Texas 75028, (the "Title Company"), as escrow agent,
within fourteen (14) calendar days after the Effective Date hereof. All interest earned thereon shall
become part of the Earnest Money and shall be applied or disposed of in the same manner as the
original Earnest Money deposit, as provided in this Contract. If the purchase contemplated
hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest
Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing.
In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the
Title Company as provided in this Contract.
2.03 Additional Expenses. Buyer shall pay the following additional expenses to or on behalf
of the Seller:
(a) Replacement Housing Supplement $148,056.58;
(b) Incidental Expenses (ClQsing Costs) $7,422.84;
( c) Moving Costs -Reasonable moving costs to be paid to or on behalf of Seller.
3.01 Title Commitment.
ARTICLE III
TITLE AND SURVEY
(a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be
furnished to Buyer, at Buyer's expense, a current Commitment for Title Insurance (the
"Title Commitment") for the Property, issued by Title Company. The Title Commitment
shall set forth the state of title to the Property, including a list of liens, mortgages,
security interests, encumbrances, pledges, assignments, claims, charges, leases (surface,
space, mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty
interests, conditional sales contracts, rights of first refusal, restrictive covenants,
exceptions, easements (temporary or permanent), rights-of-way, encroachments, or any
other outstanding claims, interests, estates, or equities of any nature ( each of which are
referred to herein as an "Exception").
(b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at
Buyer's sole cost and expense, true and correct copies of all instruments that create or
evidence Exceptions (the "Exception Documents"), including those described in the Title
Commitment as exceptions to which the conveyance will be subject and/or which are
required to be released or cured at or prior to Closing.
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3.02 Survey. Within twenty (20) calendar days after the Effective Date, Buyer has caused or
will cause to be prepared at Buyer's expense, a CU1Tent on the ground survey of the Prope11y (the
"Survey"). The contents of the Survey shall be prepared by a surveyor selected by Buyer and
shall include the matters prescribed by Buyer, which may include but not be limited to, a
depiction of the location of all roads, streets, easements and rights of way, both on and adjoining
the Property, water courses, 100 year flood plain, fences, improvements, and structures of any
kind, and other matters provided in items 1-4, 6a, 7a, 8, 11,13,16, 18, and 19 of Table A of the
ALTA Minimum Standard Detail Requirements. The Survey shall describe the size of the
Property, in acres, and contain a metes and bounds description thereof. Seller shall furnish or
cause to be fumished any affidavits, ce11ificates, assurances, and/or resolutions as required by the
Title Company in order to amend the survey exception as required by Section 3.05 below. The
description of the Property as set forth in the Survey, at the Buyer's election, shall be used to
describe the Prope11y in the deed to convey the Property to Buyer and shall be the description set
forth in the Title Policy. Notwithstanding the Survey of the Property, the Purchase Price for the
Property, as prescribed by Section 2.01, above, shall not be adjusted in the event the Survey shall
determine the Prope11y to be either larger or smaller than that depicted in Exhibit "A," attached
hereto.
3.03 Review of Title Commitment, Survey, and Exception Documents. Buyer shall have a
period of fifteen (15) calendar days (the "Title Review Period") commencing with the day Buyer
receives the last of the Title Commitment, the Survey, and the Exception Documents, in which to
give written notice to Seller specifying Buyer's objections to one or more of the items
("Objections"), if any. All items set forth in the Schedule C of the Title Commitment, and all
other items set forth in the Title Commitment which are required to be released or otherwise
satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer.
3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within
fifteen (15) calendar days after Seller is provided notice of Objections, either satisfy the
Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections
that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence,
Seller shall, in any event, be obligated to (i) cure those Objections or Exceptions that have been
voluntarily placed on or against the Property by Seller after the Effective Date, (ii) secure the
surface rights releases set forth in clauses (iii) and (iv) of Article I prior to Closing, and (iii)
convey to Buyer the surface rights released and waived pursuant to clauses (iii) and (iv) of
Article I at Closing. If Seller fails or refuses to satisfy any Objections that Seller is not
obligated to cure within the allowed fifteen (15) calendar day period, as may be extended by
Buyer, in its sole discretion, then Buyer has the option, exercisable within fifteen (15) days
after the provided fifteen (15) day cure period, of either:
(a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller on or
before the fifteen (15) day option period provided hereinabove, in which event those
Objections shall become Permitted Exceptions (herein so called), or
(b) te1minating this Contract by notice in writing on or before the fifteen (15) day option
period provided hereinabove and receiving back the Earnest Money and the interest
accrued thereon, in which latter event Seller and Buyer shall have no fu1ther obligations,
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one to the other, with respect to the subject matter of this Contract.
3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard
Texas Owner's Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title
Policy shall be issued by the Title Company, in the amount of the Purchase Price and ensuring
that Buyer has indefeasible fee simple title to the Prnperty, subject only to the Permitted
Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no
other exceptions to title, with the standard printed or common exceptions amended or deleted as
follows:
(a) survey exception must be amended if required by Buyer to read "shortages in area" only
( although Schedule C of the Title Commitment may condition amendment on the
presentation of an acceptable survey and payment, to be borne solely by Buyer, of any
required additional premium);
(b) no exception will be pe1mitted for "visible and apparent easements" or words to that
effect ( although reference may be made to any specific easement or use shown on the
Survey, if a Permitted Exception);
(c) no exception will be pe1mitted for "rights of parties in possession", unless otherwise
agreed by Buyer; and
( d) no liens will be shown on Schedule B.
(e) Schedules C and D shall be deleted in their entirety; and
(t) the arbitrations provision contained in the attached commitment has been deleted in its
entirety; and
Notwithstanding the enumeration of the stated exceptions, amendments, and/or deletions,
Buyer may object to any Exception it deems material, in its sole discretion.
ARTICLE IV
FEASIBILITY REVIEW PERIOD
4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of
Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in
Buyer's sole and absolute discretion, during the period commencing with the Effective Date of
this Contract and ending thirty (30) calendar days thereafter (the "Absolute Review Period"),
based on such appraisals, tests, examinations, studies, investigations, and inspections of the
Property the Buyer deems necessary or desirable, including but not limited to studies or
inspections to determine the existence of any environmental hazards or conditions, perfo1med at
Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted
the right to conduct engineering studies of the Property, and to conduct a physical inspection of
the Property, including inspections that invade the surface and subsurface of the Property. If
Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for
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Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the
Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute
Review Period, in which case the Earnest Money and the interest accrued thereon will be
returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations
hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this
Article IV, Section 4.01, Buyer will provide to Seller, if requested by Seller, copies of (i) any
and all non-confidential and non-privileged reports and studies obtained by Buyer during the
Absolute Review Period; and (ii) the Survey,
ARTICLE V
REPRESENTATIONS, WARRANTIES, COVENANTS, AND
AGREEMENTS
5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract
and consummate the sale and purchase of tb.e Property in accordance with the terms and
provisions herewith, Seller represents and wan-ants to Buyer as of the Effective Date and as of
the Closing Date (as defined in Article VII, Section 7.01 herein), except where specific reference
is made to another date, that:
(a) The descriptive information concerning the Property set forth in this Contract is complete,
accurate, true, and correct.
(b) There are no adverse or other parties in possession of the Prope1ty or any part thereof,
and no party has been granted any license, lease, or other right related to the use or
possession of the Property, or any palt thereof, except those described in the Leases, as
defined in Article V, Section 5.02(a).
(c) The Seller has good and marketable fee simple title to the Property, subject only to the
Pe1mitted Exceptions.
( d) The Seller has the full right, power, and authority to sell and convey the Property as
provided in this Contract and to carry out Seller's obligations hereunder.
(e) The Seller has not received notice of, and has no other knowledge or info1mation of, any
pending or threatened judicial or administrative action, or any action pending or
threatened by adjacent landowners or other persons against or affecting the Property.
(t) The Seller has paid all real estate and personal property taxes, assessments, excises, and
levies that are presently due, if any, which are against or are related to the Property, or
will be due as of the Closing, and the Property will be subject to no such liens.
(g) Seller has contracted or entered into an agreement with a real estate broker which will
result in real estate broker commissions or finder's fee or other fees payable to such real
estate broker with respect to the transactions contemplated by this Contract and, therefore,
at Closing Seller shall pay directly or shall pay out of the proceeds due to Seller
hereunder at Closing any and all professional service fees, finder's fees and/or real
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estate broker commissions due under such agreement and any other agreements, oral or
written, that may have been entered into by Seller with respect to the Property or the
transactions contemplated by this Contract. Otherwise, except as provided in this Section
5.0l(g), Seller has not contracted or entered into agreements with other real estate brokers
or with any agents, finders, or any other parties in connection with this transaction or
taken any actions which would result in any other real estat~ broker commissions or in
any finder's fees or other fees payable with respect to the transactions contemplated by
this Contract.
(h) Except as provided in Article 1 with respect to the Oil and Gas Lease, all Leases (as
defined in Article V, Section 5.02(a)) shall have expired or othe1wise te1minated prior to
the Closing Date, and any and all tenants or parties occupying the Property pursuant to
the Leases shall have permanently abandoned and vacated the Property, including without
limitation, all personal property of any such tenants or parties, prior to the Closing
Date.
(i) The Seller is not a "foreign person" as defined in Section 1445 of the Intemal Revenue
Code of 1986, as amended.
5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as
follows:
(a) Within ten (10) calendar days after the Effective Date, Seller, at Seller's sole cost and
expense, shall deliver to Buyer, with respect to the Property, true, correct, and complete
copies of the following:
(1) All lease agreements, including but not limited to the Oil and Gas Lease and any
other valid and subsisting Other Mineral Lease(s), use agreements and/or occupancy
agreements and/or licenses of any kind or nature (if oral, Seller shall provide to Buyer
in writing all material terms thereof) relating to the use or possession of the Prope11y,
or any pali thereof, including any and all modifications, supplements, and
amendments thereto (the "Leases',).
(b) Intentionally Omitted.
( c) Prior to the Closing Date, Seller shall secure and file in the Denton County Real Estate
records a release from Marvin C. Burch (or his estate or heirs, as applicable) and Richard
Lee Burch of that certain Reserved Private Access Easement executed by City of Denton
filed August 3, 2007, recorded as Instrument No. 2007-92936 of the County Clerk's
Official Records of Denton County, Texas.
( d) Prior to the Closing Date, except as provided in Article 1 and Article V, Section S.02(g),
Seller shall have terminated all unexpired Leases, and Seller shall have caused the tenants
to have vacated the Property and to have removed all personal property of the tenants
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from the Property prior to the Closing Date.
(e) From the Effective Date until the Closing Date or earlier termination of this Contract,
Seller shall: •
(1) Not enter into any written or oral contract, lease, easement or right of way
agreement, conveyance, or any other agreement of any kind with respect to, or
affecting, the Property that will not be fully performed on or before the Closing or
would be binding on Buyer or the Property after the Closing Date.
(2) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing,
or claims related thereto, concerning or affecting the Property.
(3) Not take, or omit to talce, any action that would result in a violation of the
representations, warranties, covenants, or agreements of Seller.
(4) Not sell, assign, lease, or convey any right, title, or interest whatsoever in or to the
Property, or create, grant or permit to be attached or perfected, any lien,
encumbrance, or charge thereon.
(f) Seller shall indemnify and hold Buyer harmless from all loss, liability, damage and
expense, including, without limitation, reasonable attomeys' fees, arising or incurred as a
result of any liens or claims resulting from labor or materials furnished to the Property
under any written or oral contracts arising or entered into prior to Closing.
(g) Intentionally Omitted
5.02.A. Warranty; Property Condition. Buyer represents and warrants to Seller that it has
made, or will make prior to Closing, an independent inspection and evaluation of the Property and
aclmowledges that Seller has made no statements or representations concerning the present or
future value of the Property, or the condition, including the environmental condition, of the
Property. Except as othe1wise specifically represented and warranted by Seller in this Contract,
SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, STATUTORY,
OR IMPLIED, AS TO THE VALUE, QUALITY, QUANTITY, PHYSICAL AND
ENVIRONMENTAL CONDITION OF THE PROPERTY, AND/OR MATERIALS
CONTAINED OR LOCATED IN, ON, OR UNDER THE PROPERTY, THE NATURE OF THE
PAST OR HISTORIC USE OF THE PROPERTY, AND/OR MERCHANTABILITY OR
FI1NESS FOR PURPOSE OF ANY OF THE PROPERTY. Buyer fi.niher acknowledges that it
has relied solely upon its independent evaluation and examination of the Property, public records
relating to the Property, and the independent evaluations and studies based thereon. Seller makes
no warranty or representation as to the accuracy, completeness, or usefulness of any information
furnished to Buyer, if any, whether furnished by Seller or any third pal'ty. Seller assumes no
liability for the accuracy, completeness, or usefulness of any material furnished by Seller, if any,
and/or any other person or pru.ty. Reliance on any material so fumished is expressly disclaimed by
Buyer, and shall not give rise to any cause, claim, or action against Seller.
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5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this
Contract, the representations, warranties, covenants, and agreements of Seller and Buyer
contained in this Contract shall survive the Closing, and shall not, in any circumstance, be
merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a).
ARTICLE VI
CONDITIONS PRECEDENT TO PERFORMANCE
6.01 Performance of Seller's Obligations. Buyer is not obligated to pe1form under this
Contract unless, within the designated time periods, all ·of the following shall have occurred:
(a) Seller has performed, furnished, or caused to be fumished to Buyer all items required to
be so performed or furnished under other sections of this Contract except as otherwise
provided in this Agreement or expressly waived, accepted, or agreed in writing by Buyer;
and
(b) Seller cures, or Buyer waives in writing, within the time periods specified in Article III,
all of Buyer's objections made in accordance with Article III.
6.02 Breach of Seller's Representations, Warranties, Covenants, and Agreements. Buyer
is not obligated to perform under this Contract unless all representations, warranties, covenants,
and agreements of Seller contained in this Contract are true and conect or have been perfo1med,
as applicable, as of the Closing Date, except where specific reference is made to another date.
6.03 Adverse Change. Buyer is not obligated to perfo1m under this Contract if, on the date of
Closing, any portion of the Property has been condemned by an entity other than Buyer, or is the
subject of condemnation, eminent domain, or other material proceeding initiated by an entity
other than Buyer, or the Property, or any patt thereof, has been matedally or adversely impaired
in any manner.
6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers
notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property
is unsuitable to or for Buyer's purposes.
6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in
this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions
precedent to the performance·of Buyer's obligations under this Contract by giving to the Seller,
at any time prior to Closing, a written waiver specifying the waived condition precedent.
6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the
conditions precedent to the performance of Buyer's obligations under this Contract have not
been satisfied by Seller or waived by the Buyer in writing within the time periods provided, the
Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination,
the Eamest Money and accrued interest shall be immediately returned to Buyer by the Title
Company. The Seller shall, on wtitten request from Buyer, promptly issue the instructions
necessary to instruct the Title Company to return to Buyer the Earnest Money and accrued
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interest and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall
have no further obligations under this Contract, one to the other.
ARTICLE VII
CLOSING
7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices
of the Title Company and shall be accomplished through an escrow to be established with the
Title Company, as escrowee. Unless otherwise agreed in writing by Buyer and Seller, the
Closing Date (herein sometimes called) shall be the day that is fifteen (15) calendar days after
the earlier of (i) the date on which the Seller has satisfied, performed, furnished, or caused to be
furnished to Buyer all representations, wan·anties, items and obligations required to be satisfied,
perfo1med or furnished under this Contract, unless Buyer has expressly waived or accepted any
nonperformance thereof in writing. In the event a Closing Date is not set within the established
parameters herein, unless otherwise agreed to by the pai1ies, either party can then terminate this
contract by providing written notice thereof to the other party and the Title Company, and Buyer
shall be entitled to the return of the Eamest Money and accrued interest.
7 .02 Items to be Delivered at the Closing.
(a) &Ike, At or prior to the Closing, Seller shall deliver or cause to be delivered to Buyer
or the Title Company, at the expense of the party designated herein, the following items:
(1) The Title Policy, in the form specified in Article Ill, Section 3.05;
(2) The Special Wananty Deed, substantially in the form as attached hereto as Exhibit
"B" subject only to the Permitted Exceptions, if any, duly executed by Seller and
acknowledged;
(3) the surface rights releases set forth in clauses (iii) and (iv) of Article I;
(4) All other items required pursuant to Article I and Article V, Sections 5.01(h)
and 5.02(a)~(i), or otherwise necessa1y and appropriate to evidence satisfaction or
performance of Seller's obligations set forth in Article I and Article V, Sections
S.Ol(h) and 5.02(a)-(i) (unless othe1wise expressly waived or accepted in writing
by Buyer); and
(5) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
(b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following
items:
(1) The sum required by Article II, Section 2.01, less the Earnest Money and accrued
interest, in the form of a check, cashier's check, or other immediately available
funds; and
IO
(2) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this
Contract and without limiting the general application of the provisions of Section 5.03, above,
the provisions of this Article VII, Section 7.03 shall survive the Closing. The following item
shall be adjusted or prorated between Seller and Buyer with respect to the Property:
(a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall
occur shall be prorated and Seller shall submit Seller's portion to the Denton County Tax
Assessor as of the Closing Date. Ad valorem taxes for the calendar year in which the
Closing shall occur shall be tendered under Texas Tax Code Section 26.11. If the actual
amount of taxes for the calendar year in which the Closing shall occur is not known as of
the Closing Date, the proration at Closing shall be based on the amount of taxes due and
payable with respect to the Property for the preceding calendar year. Seller shall pay for
those taxes attributable to the period of time prior to the Closing Date (including, but not
limited to, subsequent assessments for prior years due to change of land usage or
ownership occurring prior to the date of Closing) and Buyer shall be responsible for those
taxes attributable to the period of time commencing with the Closing Date.
7.04 Possession of the Property. Possession of the Property shall be delivered to Buyer at
Closing subject to the Occupancy Agreement to be executed at Closing.
7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in
negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is
responsible for paying fees, costs, and expenses identified herein as being the responsibility of
Seller, including but not limited to the real estate broker commission and any other applicable
professional service fees, finder's fees and/or broker commissions as described in Section
5.0l(g). Buyer is responsible for paying all other fees. costs, and expenses related to Closing.
ARTICLE VIII
DEFAULTS AND REMEDIES
8.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or
more of the following events:
(1) Any of Seller's warranties or representations contained in this Contract are untrue
on the Closing Date;
(2) Seller fails to meet, comply with, or perform any covenant, agreement, condition
precedent, or obligation on Seller's part required within the time limits and in the
manner required in this Contract;
11
(3) Seller fails to deliver at Closing the items specified in Article VII, Section
7.02(a) of this Contract for any reason other than a default by Buyer or termination
of this Contract by Buyer pursuant to the terms hereof prior to Closing; or
(4) Seller fails to deliver at or before Closing the surface rights releases set forth in
clauses (iii) and (iv) of Article I.
(b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's remedies
for the default, may, at Buyer's sole option, do any of the following:
(1) Terminate this Contract by written notice delivered to Seller in which event the
Buyer shall be entitled to a retum of the Earnest Money and accrued interest, and
Seller shall, promptly on written request from Buyer, execute and deliver any
documents necessary to cause the Title Company to retum to Buyer the Earn.est
Money and accrued interest;
(2) Enforce specific performance of this Contract against Seller, requiring Seller to
convey the Property to Buyer subject to no liens, encumbrances, exceptions, and
conditions other than those shown on the Title Commitment, whereupon Buyer
shall waive title objections, if any, and accept such title without reduction in
Purchase Price on account of title defects; and
(3) Seek other recourse or relief as may be available to Buyer at or by law, equity,
contract or otherwise.
8.02 Buyer's Default and Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at
Closing the items specified in Article VII, Section 7.02(b) of this Contract for any
reason other than a default by Seller under this Contract or termination of this Contract
by Buyer pursuant to the terms hereof prior to Closing.
(b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and
exclusive remedy for the default, may, at Seller's sole option, do either one of the
following:
(1) Terminate this Contract by written notice delivered to Buyer in which event the
Seller shall be entitled to retain the Earnest Money, and Buyer shall, promptly on
written request from Seller, execute and deliver any documents necessary to cause
the Title Company to issue to Seller the Earnest Money; or
(2) Enforce specific perfo1mance of this Contract against Buyer.
12
ARTICLE IX
MISCELLANEOUS
9.01 Notice. All notices, demands, requests, and other communications required hereunder
shall be in writing, delivered, unless expressly provided otherwise in this Contract, by hand
delivery, overnight delivery service, or by United States Mail, registered or certified, return
receipt requested, postage prepaid, and shall be deemed to be delivered and received upon the
earlier to occur of: (a) if provided by hand delivery or overnight delivery service, the date
delivered, and (b) if provided by United States Mail, the date of deposit in a regularly maintained
receptacle for the United States Mail, in each case addressed as follows:
SELLER:
Nelda Hackett
4280 Country Club Road
Denton, TX 76210
N eldahackett l@verizon.net
Copies to:
For Seller:
Dr. Ara Minassian, Broker
Star Realty
ara~v,starreal tv. us
214-727-0686
BUYER:
Deanna Cody, Deputy Director
Real Estate Division
City of Denton
40 l N. Elm Street
Denton, TX 76201
deanna.cody@c.ityofdenton.com
For Buyer:
City Attorney
City of Denton
215 E. McKinney Street
Denton, TX 76201
9.02 Governing Law and Venue. This Contract is being executed and delivered and is
intended to be performed in the State of Texas, the laws of Texas governing the validity,
construction, enforcement, and interpretation of this Contract. THIS CONTRACT IS
PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT
WITH RESPECT HERETO SHALL LIE IN, DENTON COUNTY, TEXAS.
9.03 Entirety and Amendments. This Contract embodies the entire agreement between the
parties and supersedes all prior agreements and understandings, if any, related to the Property,
and may be amended or supplemented only in writing executed by the party against whom
enforcement is sought.
9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and
Buyer, and their respective devisees, heirs, successors, and assigns. If requested by Buyer, Seller
agrees to execute, acknowledge, and record a memorandum of this Contract in the Real Property
Records of Denton County, Texas, imparting notice of this Contract to the public.
13
9.05 Risk of Loss. If any damage to the Property shall occur prior to Closing, or if any
condemnation or any eminent domain proceedings are threatened or initiated by an entity or
party other than Buyer that might result in the taking of any portion of the Property, Buyer may,
at Buyer's option, do any of the following:
(a) Terminate this Contract and withdraw from this transaction without cost, obligation, or
liability, in which case the Earnest Money and accrued interest shall be immediately
returned to Buyer; or
(b) Consummate this Contract, in which case Buyer, with respect to the Property, sha11 be
entitled to receive (i) in the case of damage, all insurance proceeds, if any; and (ii) in the
case of eminent domain, all proceeds paid for the Property related to the eminent domain
proceedings.
Buyer shall have ten (10) calendar days after receipt of written notification from Seller on
the final settlement of all condemnation proceedings or insurance claims related to
damage to the Property in which to make Buyer's election. In the event Buyer elects to
close prior to such final settlement, then the Closing shall take place as provided in
Article VII, above, and there shall be assigned by Seller to Buyer at Closing, in form and
substance satisfactory to Buyer, all interests of Seller in and to any and all insurance
proceeds or condemnation awards which may be payable to Seller on account of such
event. In the event Buyer elects to close upon this Contract after final settlement, as
described above, Closing shall be held five (S) business days after such final settlement.
9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and
contemplated to be performed, executed, and/or delivered by Seller and Buyer, Seller and Buyer
agree to perform, execute, and/or deliver, or cause to be performed, executed, and/or delivered at
the Closing or after the Closing, any fut1her deeds, acts, and assurances as are reasonably
necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the
contrary contained in this Contract and without limiting the general application of the provisions
of Section 5.03, above, the provisions of this Article IXt Section 9.06 shall survive Closing.
9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of
the essence with respect to this Contract.
9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are
incorporated in and made a part of this Contract for all pu1poses.
9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken
by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are
hereby delegated by Buyer, pursuant to action by the City Council of Denton, to the City
Manager or Interim City Manager of Buyer, as applicable or their designee.
9.10 Contract Execution. This Contract of Sale may be executed in any number of
counterparts, all of which taken together shall constitute one and the same agreement, and any of
the parties hereto may execute this Agreement by signing any such counterpart.
14
9.11 Business Days. If the Closing Date or the day of performance required or permitted
under this Contract falls on a Saturday, Sunday, City of Denton holiday or Denton County
holiday, then the Closing Date or the date of such performance, as the case may be, shall be the
next following regular business day.
Signature Page to Follow
15
SELLER: Nelda Hackett
BY: Q u...~
~tt
Executed by Seller on the \ 'S 't"~ day of rJ\ ~ \. 2023.
BUYER: CITY OF DENT.ON
Executed by Buyer on the j/'d-day of_7_.4,~~ .... .........,,,,c.../ __________ 2023,
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINW AND, CITY ATTORNEY
BY: fL_ Ac:
16
IBIS AGREEMENT HAS BEEN BOTH
REVIEWED AND APPROVED AS TO
Financi~ operational obligations and
Business terms. -"J
Recorded On: June 29, 2023 09:33 AM
Denton County
Juli Luke
County Clerk
Instrument Number: 67640
ERecordings-RP
DEED
Number of Pages: 9
" Examined and Charged as Follows: "
Total Recording: $58.00
••••••••••• THIS PAGE 15 PART OF THE INSTRUMENT•••••••••••
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 67640
Receipt Number: 20230628000402
Recorded Date/Time: June 29, 2023 09:33 AM
User: Emily L
Station: Station 41
STATE OF TEXAS
COUNTY OF DENTON
Record and Return To:
Simplifile
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
Juli Luke
County Clerk
Denton County, TX
WFo Nat1ona1 Title
GFl_£2/-} 4 IJ&n-+-/A(! k.6IT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
That Charles Hackett and Nelda Hackett, husband and wife ("Grantor"), 4280 Country
Club Road, Denton, Texas 76210, for and in consideration of the sum of TEN AND NO/100
DOLLARS ($ I 0.00), and other good and valuable consideration to Grantor in hand paid by the
City of Denton, a Texas home-rule municipal corporation ( "Grantee"), 215 E. McKinney Street,
Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL,
and CONVEY, unto Grantee all the real property in Denton County, Texas being more particularly
described on Exhibit "A," attached hereto and made a part hereof for all purposes, and being
located in Denton County, Texas, together with any and all rights or interests of Grantor in and to
adjacent streets, alleys, and rights of way and together with all and singular the improvements and
fixtures thereon and all other rights and appurtenances thereto ( collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its
heirs, devisees, successors, and assigns all oil, gas, and other minerals in, on, and under and that
may be produced from the Property. Grantor, its heirs, devisees, successors, and assigns shall not
have the right to use or access the surface of the Property, in any way, manner, or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas, and other minerals reserved herein, including without limitation,
use or access of the surface of the Property for the location of any well or drill sites, well bores,
whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or
tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or improvement
of any kind or type in connection with or related to the reserved oil, gas, and other minerals, and/or
related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas, and all associated
hydrocarbons and shall exclude (i) water, (ii) all substances that any reasonable extraction, mining,
or other exploration and/or production method, operation, process, or procedure would consume,
deplete, or destroy the surface of the Property; and (iii) all substances which are at or near the
surface of the Property. The intent of the parties hereto is that the meaning of the term "other
minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d
743 (Tex. 1980).
As used herein, the tem1 "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and aH areas above
the surface of the earth.
This conveyance and warranties of title contained herein are expressly made subject only
to the above listed reservation and to !hose conditions, restrictions, minerals interests, Jeases,
covenants and easements set forth on Exhibit "B" attached hereto and incorporated herein by
reference (the "Exceptions"'), but only to the extent same are valid and subsisting and, io fact,
affect. the Property.
This Special Warranty Deed is presented WrTHOUT ANY REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTERS WITH
RESPECT TO THE EXISTENCE OF ANY ENVIRONMENT AL LlABILlTIES, RELEASE OF
HAZARDOUS SUBSTANCES, OR ANY OTHER ENVIRONMENTAL CONDITION WITH
RESPECT TO THE PROPERTY.
TO HAVE AND TO HOLD the Property, subject only to the above listed reservation and
to the Exceptions, together with all and singular the rights and appurtenances thereto in anywise
belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby
bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all
and singuJar the Property unto Grantee and Grantee's successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by,
through, or under Granter but not otherwise.
EXECUTED the _/:-: ~ ___ day of J \...l,11\JL , 2023.
GRANTOR: GRANTOR:
~b~Jd(
ACKNOWLEDGMENT
THE ST ATE OF TEXAS §
COUNTY OF DENTON §
ACKNOWLEDGMENT
THE ST A TE OF TEXAS §
COUNTY OF DENTON §
This inslrument was acknowledged before me on jlJjl\L ?., 1, '2 ... 0 ~i23 by Charles Hackett.
Upon Filing Retum To:
City of Denton
Real Estate
401 N. Elm Street
Denton, TX 76201
Attn: Deanna Cody
/
Notary ublic, State of JJ..tt.f
My commission expires: ___ _
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
LEGAL DESCRIPTION
Exhibit "A''
To
Special Warranty Deed
BEING a 6.550 acre tract of land situated in the B.8.B. & C. R.R. Co. Survey, Abstract No. 196 and the J.W. Withers
Survey, Abstract No. 1343, Denton County, Texas, and being all of those certain tracts of land described as 3.029
acres and 3.506 acres in a Deed to Nelda Hackett, as recorded in Volume 5400, Page 6124 of the Real Property
Records of Denton County, Texas, and being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod with cap stamped McCullah" found for the Northeast corner of a called 222.275
acre tract ofland described as the First Tract in Deeds to Burch Family Farm, Ltd., as recorded in Document No. 2007-
110043 and 2007-110044 otthe Real Property Records of Denton County, Texas, said point being in the Westerly line
of the G.C. & S.F. Railroad (a variable width right-of-way), said point also being an angle point in the East line of Lot 1,
Block A per the Final Plat of Hickory Creek Detention Addition, as recorded in Document No. 2017-391 of the Plat
Records of Denton County, Texas, from which a 5/8 inch iron rod with cap stamped "TNP" found for the most Easterly
Northeast corner of said Lot 1 bears South 35°21 '14 • East a distance of 764 .86 feet;
THENCE North 89°56'57" West along the North line of said 222.275 acre tract passing a 5/8 inch iron rod with cap
stamped "TNP" found for an interior ell comer of said Lot 1 at a distance of 36.81 feet, and continuing along the common
line between said 222.275 acre tract and said Lot 1 for a total distance of 839.42 feet to a 1/2 inch iron rod found for
the Northeast comer of the above cited Hackett tract and an interior Northwest comer of said 222.275 acre tract, same
being the POINT OF BEGINNING for the herein described tract;
THENCE South 08°48'27" East departing the South line of said Lot 1, and along a common line between said Hackett
tract and said 222.275 acre tract, for a distance of 457.02 feet to a 1/2 inch iron rod found for an angle point
THENCE South 33°29'50" East continuing along the common line between said Hackett tract and said 222.275 acre
tract, for a distance of 277.12 feet to a 1/2 inch lron rod found for the Southeast corner of said Hackett tract and an
interior ell corner of said 222.275 acre tract;
THENCE South 62°25'36" West along a common line between said Hackett tract and said 222.275 acre tract, for a
distance of 236.55 feet to a 1/2 inch iron rod found for the Southwest corner of said Hackett tract and an interior ell
corner of said 222.275 acre tract:
THENCE North 28°56'49" West along a common line between said Hackett tract and said 222.275 acre tract, for a
distance of 238.96 feet to a 1/2 inch iron rod found for an angle point;
THENCE North 41°44'53" West continuing along the common line between said Hackett tract and said 222.275 acre
tract, for a distance of 186.30 feet to a 1/2 inch iron rod found for an angle point;
THENCE North 43°40'20" West continuing along the common line between said Hackett tract and said 222.275 acre
tract, for a distance of 271.06 feet to a 1/2 inch iron rod found for an angle point at the common West corner of said
Hackett 3.029 and 3.506 acre tracts;
THENCE North 36°34'57" West continuing along the common line between said Hackett and said 222.275 acre tract,
for a distance of 84.27 feet to a 5/8 inch iron rod with cap stamped "TNP" set for an angle point:
THENCE North 76"21'30" West continuing along the common line between said Hackett and said 222.275 acre tract,
for a distance of 25.36 feet to a 5/8 inch iron rod with cap stamped "TNP" set for an angle point;
THENCE North 33°03'30" West continuing along the common line between said Hackett and said 222.275 acre tract.
for a distance of 208,78 feet to a 5/8 inch iron rod with cap stamped "TNP" found for the Northwest corner of said
Hackett tract and an interior Northeast corner of said 222.275 acre tract, said point also being in the South line of said
Lot 1, from which a 5/8 inch iron rod found for reference bears South 16°49'37" West a distance of0.66 feet and a 1/2
inch square pipe found for the Southwest comer of said Lot 1 and an Interior ell corner of said 222.275 acre tract bears
North 89°26'11" West a distance of 715.04 feet;
THENCE South 89°56'44" East along the common line between said Hackett tract and said Lot 1, for a distance of
602.41 feet to the POINT OF BEGINNING, and containing 6.550 acres of land, more or less.
i,
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Exhibit "B"
To
Special Warranty Deed
Exceptions
a. Non-Annexation Agreement by and between Nelda Hackett and City of Denton, Texas filed
March 12, 2010, as Instrument No. 2010-22666, of the County Clerk's Official Records of Denton
County, Texas.
b. Non-Annexation Agreement by and between Nelda Hackett and City of Denton, Texas filed
May 12, 2016, as Instrument No. 2016-55344, of the County Clerk's Official Records of Denton
County, Texas.
c. Any portion of the subject property lying within the boundaries of public or private road.
d. All visible and apparent easements or uses and all visible and apparent underground easements
or uses, the existence of which may arise by unrecorded grant or by use.
e. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals,
together with all rights, privileges, and immunities relating thereto, appearing in the Public Records
whether listed in Schedule B or not There may be leases, grants, exceptions, or reservations of
mineral interest that are not listed.
f. The outstanding interest in oil, gas, and/or other minerals as set forth in instrument by and
between Marvin C. Burch and Nelda Grace Burch Hackett and Richard Lee Burch, filed May 28,
2003, recorded in/under Instrument Nos. 2003-81905 and 2003-81906.
g. Mineral Lease by and between Nelda Grace Jeanes Hackett, Marvin C. Burch, Richard Lee
Burch, in their respective capacities, as Lessor, and Roger A. Soape, Inc., as Lessee, filed April 25,
2000, recorded as Volume 4575, Page 1477, of the County Clerk's Official Records of Denton
County, Texas. Lease Ratification in Instrument No.2004-160807.
h. An easement for Oil/Gas pipelines executed by Grace A. Burch, Trustee under Will of M.
Burch, deceased to Southwestern Gas Pipeline, Inc., filed June 28, 1968, recorded as Instrument in
Volume 568, Page 312, of the County Clerk's Official Records of Denton County, Texas.
i. An easement for Oil/Gas pipelines executed by R. N. Morris to Southwestern Gas Pipeline,
Inc., filed July 5, I 968, recorded as Instrument in Volume 568, Page 308, of the County Clerk's
Official Records of Denton County, Texas.
j. Outstanding interest in oil, gas, and/or other minerals as set forth in instrument by and
between M.C. Burch and wife, Mary and Nelda Grace Jeanes, filed June 23, l 986, recorded in/under
(instrument) Volume 1913, Page 747, Deed Records, Denton County, Texas.
k. Outstanding interest in oil, gas, and/or other minerals as set forth in instrument by and
between Marvin C. Burch and wife, Mary and Nelda Grace Jeanes, filed April 29, 1986, recorded
in/under (instrument) Volume 1872, Page 421, Deed Records, Denton County, Texas.
I. Tenns and provisions of Oil, Gas Lease by and between Nelda Grace Jeanes, as Lessor, and
Bildaco, as Lessee, filed April 18, 1986, in Volume ] 865, Page 913. Correction recorded in Volume
1872, Page 424, Deed Records, Denton County, Texas.
AFTER RECORDING RETURN TO:
WFG National Title Company
4606 Park Springs Blvd., Suite 110
Arlington, Texas 76017