1999-274AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF
DENTON AND W C ORR, III, GENA ORR WILKS, DOROTHY ORR STOVAL, ROBERT
EDMOND ORR, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF
WALTER E ORR, SHARON ORR DUNCAN, AND CONNIE GRIFFITH, RELATING TO THE
PURCHASE OF 1 370 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77
(PARCEL 40), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That the C~ty Manager ~s hereby authorized to execute a Real Estate Contract
between the C~ty and W C Orr, III, Gena Orr Wflks, Dorothy Orr Stoval, Robert Edmond Orr,
Individually ,and as Independent Executor of the Estate of Walter E Orr, Sharon Orr Duncan, and
Conrac Gnffith, m substanUally the form of the Real Estate Contract which ~s attached to and made a
part of th~s ordinance for all purposes, for the purchase of 1 370 acres of land for the expansion of U
S H~ghway 77 (Parcel 40)
SECTION II That the C~ty Manager ~s authorized to make the expenditures as set forth ~n the
attached Real Estate Contract
SECTION III That th~s ordinance shall become effective ~mme&ately upon ~ts passage and
approval
JAC~ILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
\'
APPRO~,tED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
REAL E~t~E CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by end between W.C ORR, ZII,
GENA ORR WILKS, DOROTHY ORR STOV~L, ROBERT EDMOND ORR, INDIVIDUAL
and as INDEPENDENT EXECUTOR of ~he ESTATE of WALTER E. ORR,
,H~RON ORR DUNCAN,\end CONNIE G~&TH (hereinaft.r referred to !!
"Se~ler") and CITY,OF DENTON, ~n~8, a home rule munacipality,
Denton, Denton CoUnty, Texas, (hereinafter referred to
"Purchaser"), t~l~on ~e terms ~ oondi~-~ons set forth herein.
~----THE ESTATE OF MARILYN B. SLAUGHTER ORR
Seller hereby sells and a~reee to convey, and Purchaser
hereby purchases end agrees ~o pay for all that certamn ~rac=,
lot or parcel of lend described 4. ExhibLt "A" attached with all
rig}Its a~d appurtenances ~ta/n~ to the said property,
including any right, title ~ ~nterest of Seller ~n end to
adjacent s~reets, elle~s or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the .'Property"), together wl~h any improvements, fixtures, an~
per$oz~l propert~ sit~ated on I.~ attached to the Property, for
the considera~.~on and upon and sub,eat to ~he terms, provisions,
and conditions hereinafter set forth. Seller shall pay all cost
for the removal, installation, cons~ruction, reinstallation,
reconstruction, labor and ma~a~s for any end/or ~m~rove~en~s
improvements not removed by June 1, 1999 shall become proper~y of
~he City of Denton, Texas.
1. ~mount of Purchase Price. The purchase prLce for the
Property shall be ~he sum o£ $71,~88.00.
2. Palm.mt of Purchase PL-/~e. The £ull amoun~ of the
Purchase Price shall be payable in ~ash at the closing.
PURCHASER'S OBLIGATIONS
The ob'tiga=Lons of ~'urcham= hereunder to tonsure the
.,',=ausac,~ons c~on~.emp',a~ed hereb~ are 8ub~ect to the satiafention
o£ each of the following condi~ons an~ o£ which nay be waived in
whole or in part by Pm:abaser at or prior to the closing.
i Prelamanar~ Tatle Report Wathln twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Tatle Co~any (hereinafter def=ned) to ~ssue a
owners polacy commitment (the "C~---~tment") accompanaedbycopaes
of all recorded documents relating to easements, raghts-of-way,
etc , affectang the Property Purchaser shall gave Seller
wratten horace on or before the ex~ratlon of ten (10) days after
Purchaser receives the Commitment that the condition of t~tle as
set forth an the Com~atment is or as not satasfactory In the
event Purchaser states the cond~taon of t~tle ~s not
satasfactory, Seller shall, at Seller's optaon, promptly
undertake to eliminate or modify all unacceptable matters to the
reasonable satasfact~on of Purchaser In the event Seller ~s
unable to do so wathan ten (10) days after receipt of written
notace, thas Agreement shall thereupon be null and voad for all
purposes; otherwase, thas condataon shall be deemed to be
acceptable and any objection thereto shall be deemed to have been
waaved for all purposes
2 Surve~ Purchaser may, at Purchaser's sole cost and
expense, obtaan a current survey of the Property, prepared by a
duly lacensed Texas land surveyor acceptable to Purchaser The
survey shall be staked on the ground, and shall show the location
of all ~m~rove~nts, haghways, streets, roads, railroads, r~vers,
creeks, or other water courses, fences, easements, and r~ghts-of-
way on or adjacent to the Property, ~f any, and shall contaan the
surveyor's oertaficataon that there are no encroachments on the
Property and shall set forth the ~-m~er of total acres compras~ng
the Property, together wath a mates and bounds description
thereof
Pu=chaser will have ten (10) days after receapt of the survey
to revaew and approve the survey. In the event the survey ~s
unacceptable, then Purchaser shall within the ten (10) day
per~od, give Seller wratten not~ce of th~s fact Seller shall,
at Sellerfs cptacn, promptly undertake to eliminate or modify the
unacceptable portaons cf the survey to the reasonable
satisfaction of Purchaser. In the event Seller is unable to do
so w~than ten (10) days after receapt of written not~ce,
Purchaser may terminate thas Agreement, and the Agreement shall
thereupon be null and read for all purposes and the Escrow
Deposat shall be returned by the Tatle Company to Purchaser
Purchaser's faalure to gave Seller th~s wratten not~ce shall be
deemed to be Purchaser's acceptance of the survey
3 Sellerfs Com~laance Seller shall have performed, ob-
served, and complaed with all of the covenants, agreements, and
AEE008FE PAGE 2
condataons requared by this Agreement to be performed, observed,
and coa%olied wath by Seller praor to or as of the closang
REPRESENTATIONS ANDWARRANTIES OF SELLER
Sel'ler hereby represents and warrants to Purchaser as
follows, which representations and warrantees shall be deemed
made by Seller to Purchaser also as of the closang date
I There are no partaes an possessaon of any portaon of the
Property as lessees, tenants at sufferance, trespassers or other
partaes
2 Except for the prior actaons of Purchaser, there as no
pendang, or threatened condemnation or szmalar proceedang or
assessment or suet, affecting tatle to the Property, or any part
thereof, nor to the best knowledge and belzef of Seller as any
such proceeding or assessment contemplated by any governmental
authority
3 Seller has com~laed with all applacable laws, orc~nances,
regulations, statutes, rules and restractaons relatang to the
Property, or any part thereof
4. To the best of the seller's knowledge, there are no toxac
or hazardous wastes or meteraals on or withan the Property Such
toxic Or hazardous wastes or materaals ~nclude, but are not
lamated to, hazardous materaals or wastes as same are defined by
the Resource Conservataon end Recovery Act (RCRA), as amended,
and the Comprehensave Envaronmental Response Compensataon and
LaabalatyAot (CERCLA), as amended
CLOSING
The closang shall be held at the offace of Dentex Tatle
Company on or before June 30, 1999, or at such tLtle company,
tame, ~te, and place as Seller and Purchaser may mutually agree
upon (which date is herein referred to as the "closing date")
CLOSING REQUIREMENTS
I Seller's Rec~uarements At the closang Seller shall
A Deliver to State of Texas, actang by and through the
Texas Transportation Commissaon a duly executed and
acknowledged Deed an the form as attached hereto as
Exhabit OB" conveying good and merketable tatle to all of
AEE008FE PAGE 3
the Property, free and clear of any and all l~ens,
enct~brances, condLt~ons, easements, assessments, and
restr~ctLons, except for the following
i General real estate taxes for the
year of closing and subsequent years not
yet due and payable,
2 Any exceptLons approved by Purchaser
pursuant to Purchaser's OblL~atLons here-
of, and
3 Any exceptions approved by Purchaser
an wrLtLng.
B DelLver to Purchaser a Texas Owner's PolLcy of TLtle
Insurance at Purchaser's sole expense, Lssued by Dentex
TLtle Company, Denton, Texas, (the "T~tle Company"), or
such tLtle company as Seller and Purchaser may mutually
agree upon, Ln Purchaser's favor Ln the full amount of
the purchase prLce, LnsurLng fee s~mple tLtle for the
State of Texas to the Property subject only to those
tLtle exceptLons l~sted in ClosLng Rec~u~rements hereof,
such other exceptions as may be approved ~n writing by
Purchaser, and the standard prLnted exceptLons contaLned
· n the usual form of Texas Owner's PolLcy of T~tle
Insurance, provLded, however
1. The boundary and survey exceptLons
shall be deleted Lf required by Purchaser
and if so requLred, the costs assocLated
wLth same shall be borne by Purchaser,
2. The exceptLon as to restr~ctLve cove-
nants shall be endorsed "None of Record",
3 The exceptLon for taxes shall be
l~nLted to the year of closLng and shall
be endorsed "Not Yet Due and Payable",
and
4 The exception as to 1Lens enc~lm~er~ng
the Property shall be endorsed "None of
Record"
C DelLver to Purchaser possessLon of the Property on
the day of closLng.
AEE008FE PAGE 4
2 Purchaser's Re~uarements Purchaser shall pay the
consaderataon as referenced in the "Purchase Prace" section of
thLs contract at Closing an ~mnechtately avaLlable funds
3 Closing Costs Seller shall pay all taxes assessed by
any tax collectaon authority through the date of ClosLng Ail
other costs and expenses of closLng an consl~mm~tLng the sale and
purchase of the Property not specLfacally allocated herean shall
be paLdlby Purchaser and Seller
REAL ESTATE CO~4ISSION
All oblLgatLons of the Seller and Purchaser for payment of
brokers' fees are contaaned an separate wrLtten agreements
BREACH BY SELLER
In the event Seller shall faal to fully and t~mely perform
any of ars obligatLons hereunder or shall fall to consummate the
sale of the Property except Purchaser's default, Purchaser may
eLther enforce specLfLc performance of th~s Agreement or
termLnate thas Agreement by wratten notace delavered to seller
BREACH BY PURCHASER
In the event Purchaser should fall to cons---~ate the purchase
of the Property, the conditLons to Purchaser's oblLgatLons set
forth in PURCHASER'S OBLIGATIONS havLng been satLsfLed and
Purchaser beLng an default Seller may eLther enforce specLfLc
performance of thLs Agreement, or termLnate thLs Agreement by
wrLtten notice delLvered to purchaser
MISCELLANEOUS
i AssL~u~ent of Agre~nent. ThLs Agreement may be assagned
by Purchaser without the express wrLtten consent of Seller
2. Survaval of Covenants Any of the representataons, war-
rantLes, covenants, and agreements of the partaes, as well as any
rLghts and benefLts of the partaes, pertaLnang to a perLod of
tame fOllowing the closing of the ~ransactLons contemplated
hereby shall survLve the closang and shall not be merged thereLn
AEE008FE PAGE 5
3 NotLce Any notLce requLred or permxtted to be delavered
hereunder shall be deemed received when sent by UnLted States
meal, postage prepaLd, certLfaed mall, return receLpt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the sagnature of the party
4 Texas Law to Apply. ThLs Agreement shall be construed
under &nd in accordance with the laws of the State of Texas, and
all oblLgetaons of the partaes created hereunder are performable
Ln Denton County, Texas
5 PartLes Bound ThLs Agreement shall be bLndLng upon and
Lnure to the benefit of the partLes and theLr respectave heirs,
executors, adm~nastrators, legal representatLves, successors and
assagns where permLttedby thasAgreement
6 Legal ConstructLon In case any one or more of the pro-
vasaons contaaned Ln th~s ~reement shall for any reason be held
to be anvalid, Lllegal, or unenforceable Ln any respect, saad
valLdaty, illegalLty, or unenforoeabL1Lty shall not affect any
other provLsion hereof, and thas ~reement shall be construed as
af the invalid, illegal, or unenforceable provasaon had never
been contaaned hereLn
7 PrLor A~reements Superseded Thas Agreement constitutes
the sole and only agreement of the partLes and supersedes any
prLor understandings or written or oral agreements between the
partLes respeotang the wLthin subject matter
8 Tame of Essence. T~me as of the essence an thas
Agreement
9 Gender Words of any gender used an thas Agreement shall
be held and construed to include any other gender, and words
the sangular n~m~er shall be held to anclude the plural, and vLce
versa, unless the context requares otherwLse
10 Memorandum of Contract Upon request of eather party,
both part~es shall promptly execute a memorandum of
Agreement suatable for falang of record
11 Com~lLance In accordance wLth the requarements of the
Texas Real Estate LLcense Act, Purchaser Ls hereby advLsed that
Lt should be furnashed wath or obtaLn a polacy of tatle ansurance
or Purchaser should have the abstract coverang the Property
exemLnedby an attorney of Purchaser's own selectLon
AEE008FE PAGE 6
12 Tame L~mlt In the event a fully executed copy of th~s
Agreement has not been returned to Purchaser w~th~n ten (10) days
after Purchaser executes th~s Agreement and delivers same to Sel-
ler, Purchaser shall have the r~ght to terminate th~s Agreement
upon written not~oe to Seller
SELLER PURCHASER
THE CITY OF DENTON, TEXAS
W C ORR, III , ez
, Texas 76201
Denton
ORR LKS
AEE008FE PAGE 7
12 T=me L~m=t In the event a fully executed copy of th~s
Agreement has not been returned to Purchaser w~th~n ten (10) days
after Purchaser executes th~s Agreement and delivers same to Sel-
ler, Purchaser shall have the r~ght to term=nate th~s Agreement
upon written not~ce to Seller
DATED th~s day of , 1999
SELLER
D on,
DOROTHY qRR STOVAL
E008 fJ
12 Tzme Lzmmt In the event a fully executed copy of thzs
Agreement has not been returned to Purchaser wzthln ten (10) days
after Pmrchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the rmght to terminate thms Agreement
upon written notice to Seller
DATED th~s day of , 1999
SELLER ~
T~ CiTY
~u u~A, iix ~
, exas
~OROTHY C,~ 2TCVAL~
ROBERT INDIVIDUAL
and as EXECUTOR
of the ESTATE of WALTER E OBR
SHARON ORR DUNCAN
AEE008FE PAGE
12 Time Limit In the event a fully executed copy of this
Agreement has not been returned to Purchaser w~th~n ten (10) days
after Purchaser executes th~s Agreement and del~vers same to Sel-
ler, Purchaser shall have the r~ght to terminate thls Agreement
upon written not~ce to Seller
DATED this day of , 1999
SELLER
PO~OTH. I ORR_~TOVAL ,
12 ..T. ime Limit. In the event a fully executed copy of this
Agreement has not been returned to Purchaser wathan ~en (10) days
after Purchaser executes this Agreement and delmvers same to Sel-
ler, Purchaser shall have the right to terminate thxs Agreement
upon written not~oe to Seller
DATED this day of .. , 1999
WILLIAM D. RUCKMAN, ADMINISTRATOR
FOR THE ESTATE OF MARILYN B. SLAUGHTER ORR
; zooe z AaZ II
13
STATE OF TEXAS
COUNTY OF DENTON
Th~ lnstr~ent is acknowledged before me, on th~s ~ day of
___~~._, 1999 by Michael W Jez, C~ty Manager, of the Clty
of De~on, a municipal corporation, known to me to be the person
and officer whose name Ks subscribed to the foregoing ~nstrument
and acknowledged to me that the same was the act of the saLd CLty
of Denton, Texas, a munLcLpal corporatLon, that he was duly
authorLzed to perform the same b3~ appropriate ordLnance of the
C1ty CouncLl of the CLty of Denton and that he executed the same
as the act of the said C~ty for purposes and conszderatLon
there~n exloressed, and ~n the capac~t~re~a~e~.
Notary' Publzc/ zn ~d for
/~,/'"~'~*~ NotatyPut)lto,~tateofTexa~ the State of Texas
COUI'~' OF D~2~L~ON
Thzs ~nstrument zs acknowledged before me, on thzs ~ day of
I t,,,.k,?~/.*,J 14,/~'t, al~ I and for
STATE OF TEXAS
COUNTY OF DENTON
Thzs znstrttment zs acknowledged before me, on thzs ~+~ day of
[4~].] ~MT~ [ ~o~a~ P~i~c ~n and for
AEE008FE PAGE
STATUTORY DURABLE POWER OF ATTORNEY
FOR
GENA ORR WILKS
I, Gena Orr Wflks, appoint Wdham C Orr, III, as my agent (attorney-~n-fact) to act for me
m any lawful way wtth respect to the following subjects listed m A through M
A real property transactions,
B tangible personal property transactions,
C stock and bond transactions,
D commodity and option transactions,
E banking and other financial institution transactions,
F business operating transactions,
G insurance and annmty transactions,
estate, trust, and other beneficiary transactions,
claims and htlgatton,
J personal and family maintenance,
K benefits from social security, Medicare, Medica~d, other governmental programs or
CIvil Or mlhtary service,
L reurement plan transactmna,
M tax matters
I understand that these subjects are defined tn the Durable Power of Attorney Act, Chapter
XII, Texas Probate Code I intend for my agent to have all of the powers tn retatton to each
subject as described m the Durable Power of Attorney Act
Ourable power of Attorney tar Gena Orr WiIks page 1
13
In addttion, my agent wtll have the authority to make gifts of assets not reqmred for my
support for the purpose of establ,shmg or cont,numg a plan destgned to mm,mlze income,
estate, inheritance or other taxes payable by me or as a result of my death Such gifts may be
made to my descendants, any devtsee named m my last will. or any charity qualified to recetve
deducnble gifts under the Internal Revenue Code These mthvlduals authorized to receive gifts
shall Include my agent
My agent shall also have the power to lease real property for o~1, gas. and m~neral purposes, to
make contracts for mineral developments, to make poohng and un,nzatton agreements, or
either, all on such terms and w~th such agreements as my agent deems proper or necessary
Th~s document Is to be construed as a general power of attorney vesting in my agent complete
and absolute authority, wtthout my jomder or consent, to transact for me and on my behalf any
and alt business I m~ght transact ff personally present and acting Any transacuon completed
on my behalf by my agent will be binding upon me, my estate, and my successors and asstgns
My agent may execute affidavits as set out m the following sections quoted from the Durable
Power of Attorney Act
Sec 487 AFFIDAVIT OF LACK OF KNOWLEDGE OR TERMINATION
OF POWER, RECORDING
(a) As to acts undertaken tn good-fatth reltance on the durable power of
attorney, an affidavit executed by the attorney m fact or agent under a durable
power of attorney stating that the attorney m fact or agent dtd not have at the
time of exerctse of the power actual knowledge of the termination of the power
by revocation, by the pnnctpal's death, or by the qualtIication of a guardtan of
the estate of the pnnctpal ts conclustve proof as betwe~ the attorney m fact or
agent and a person other than the pnnctpal or the pnnctpal's personal
representative dealmg with the attorney m fact or agent of the nonrevocatton or
nonterrmnatzon of the power at that nme
(b) As to acts undertaken tn good-faith rehance on the durable power of
attorney, an affidavit executed by the attorney m fact or agent under a durable
power of attorney stating that the pnnctpal ts dtsabled or mcapacttated, as
defined by the power, ts conclustve proof as between the attorney tn fact or
agent and a person other than the pnnctpal or the pnnctpal's personal
representative dealmg .nth the attorney m fact or agent of the dtsabthty or
mcapactty of the pnnctpal at that time
I reques~ that any person deahng w~th my agent under th~s durable power of attorney accept
these affldawts as eonclns~ve as reqmred by the act
Th~s power of attorney ts not affected by my subsequent d~sabfltty or incapacity I realize that
this power of attorney will become effective on the date ~t is executed
Durable Power of Attorney for Gene Orr W~lks page 2
I agree that any third party who receives a copy of tNs document may act under ]t
Revocation of the durable power of attorney ~s not effective as to a third party until the th]rd
party reaewes actual notme of the revocatton I agree to mdemmfy the tNrd party for any
claims that arise agmnst the th]rd party because of rehance on tNs power of attorney
If any agent named by me d~es, becomes legally dtsabled, resigns, or refuses to act, I name the
following (each to act alone and successively, m the order named) as successor(s) to that
agent
Successor 1 Dorothy Orr Stovall
Slgnedthls /~ayof ('~OJ . 1996
Gena Orr W,Iks
2500 Hmkle Drive
Apartment 320C
Denton, Texas 76201
SS# 136-28-4683
State of Texas §
County of Denton §
This document was acknowledged before me on O//~M, ~0~ /9 , 1996, by Gene
Orr W,l~
Durable Power of Attorney for Gena Orr Wllks page 3
STATE OF TEXAS
COUNTY OF ~ENTON
This ~nstrument ls acknowledged before me, on th~s ~ day of
, 199~ by DOROTHY O~ ~TOV~
~y~ ~ ~/ffil~ L Nota~ P~lzc ~n and for
.__ .~ ~. th~ta~ of Texas
COUNTY
Th~s ~nstrument
ls ack~dged before me, on this day of
, 199 ~
by ROBERT~ED~OND ORR
Notary
Publlc~ and for
the State of Texas
s XAs
COUNTY OF D~
This ~~s ackn~w~ged before me, on th~s day of
, 199. by SHARON~
Notary Public ~-~t~and for
the State of Texas
S T~f~O~TEXAS
COUNTY OF ~
Th~s instrument ~s a~ledged before me, on th~s day of
, 199 by CONNI~RIFFITH
Notary Publ~ and for
the State of Tex~s~
AEE008FE PAGE
STAtES, TEXAS
COUNTY O~
This ~nstrument ls~owledged before me, on th~s day of
, 199__ by D~TOVAL
Notary P~ ~n and for
the State of ~exas
STATE OF TEXAS
COUNTY OF -DEN~)N--
Th~s ~nstrument ~s acknowledged before me, on th~s /J d~ay of
Nota~:~ ~ttbllc in a~ for
the State of Texas
STATE OF TE~S
Th~s ~nstr~ent ~s acknowledged before me, on th~s /~ day of
~,l , 199 ~ by S~ON O~ D~
({.(~.~ N~PublI~,~T~ [ Notary P~llc ~n and for
~ JUNE~,I~ I the State of Texas
STAT~ T~S
CO~Y ~
Th~s ~r~ent ~~ged before me, on thxs day of
, 199 by C~IE ~FITH
AEE008FE PAGE
S TA~-~XAS
COUNTY OF D~
Thms instrument is ac]t~o~ledged before me, on this day of
, , 199__ by DOR(J~H~Y~ORR STOVAL
Notary Publ~ and for
the State of
Texgas
q?h~s lnstrumen~t ~s aekn~ged before me, on th~s day of
, 199 by ROBERT~E~OND ORR
Notary Public ~nd for
the State of Texas'
S TAT~ TEXAS
COUNTY O~
Th~s Instrument is a~ledged before me, on th~s day of
, 199 by SHAi~R4~RR DUNCAN
Notary P~c_~n and for
the State
STATE OF ~F~V=~S ~d~l~ld~n(~,',.
/s lnstr~e~t is acknowledged before me, on this /~ day of
STATE OF TEXAS
Th~s ~nstrument ~s acknowledged before me, on th~s _ ~ day of
~/,,~?~ ~ ~/~/~ ~ Nota~ ~lsc zn and for
~. ---~-~ ~e Sta~ of T~as
COUNTY OF~~
ThLs instrument is~wledged before me, on thms day of
, , 199__ by RO~~O~
Notary P~Ln and for
the State of
XAS
Th~s Lnstrument Ls ackn~w~ed before me, on thLs day of
, 199__ by SHARON O~
Notary Public Ln for
the State of Texas
STATE OF TEXAS
COUNTY OF 9'9%~-v(~)
Th~s instrument is acknowledged before me, on th~s ~ day of
~J7 , 199~ by WILLIAM D. RUCKMAN, ADMINISTRATOR FOR THE
ESTATE OF MARILYN B. SLAUGHTER ORR
~ ~;[~ NOTARY PUBLIC ~ NO ·
~ ~ MyComm Exp 022700 ~
~E008~ PAGE ~
16
EXHIBIT "A"
County J~ Page 1 of 1
H~ghway U.S. 77
Project Emits, From I.H. 35 Rev October 27, 1994
To
cs J:
Account. ,
FIELD NOTES FOR PARCEL 40
BEING A TRACT OF LAND CONVEYED TO W.C. ORR, RECORDED IN VOLUME 197, PAGE 75, DEED RECORDS
OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE B B B & C R.R. SURVEY, ABSTRACT
NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
COMMENCING for reference et a found highway monument being the most easterly nnrthsaat comer of a
128.691-aero tract of land conveyed to Bob E. Tripp and David E. Trlpp (Tripp tract), Trustees, as recorded tn
Volume 996, Page 376, DRDCT, and said point being on the west right of way line of FM 2164,
THENCE S 00° 53' 06" E, along the east line of said Tdpp tract, e distance of 101 54 feet to an angle point,
THENCE S 00° 18' 08' E, continuing along said line, a distance of 33.30 feet to an angle point;
THENCE S 01 o 01' 92' W, continuing along said llne, a distance of 723 70 feet to a point being the northeast
corner of said Orr tract and the southeast comer of said Tripp tractand said point being the POINT OF BEGINNING
and being in the west right of way line of F.M. 2164;
(1) THENCE S 01 o 01' 62' W, along a line common to said Orr tract and extetlng west right of way
line of FM 2164, a distance of 124.06 feet to a point being the southeast comer of said Orr tract,
end said point being on the existing north right of way line of FM 2164,
(2) THENCE N 89° 10' 48' W, along a line common to said Orr tract and FM 2164, a distance of
426.18 feet to a found wood monument be,rig the southwest corner of said Orr tract, be;ng on
the existing north right of way line of FM Road 2164 (80 foot right of way), on the existing east
right of way line of U.S. 77, and said point being in a non-tangent circular curve to the left having
a radius of 383.31 feet;
(3) THENCE northwesterly, along said curve to the left common to sa~d Orr tract and exis~ng east
right of way line of U.S. 77, through a delta angle of 24° 05' 56", an am distance of 161 22
feet, and having a chord which bears N 39° 57' 36" W, a distance of 160.03 feet to an angle
point,
(4) THENCE N 52° 00' 33' W, a distance of 11.08 feet to the northwest corner of said Orr t~act and
southwest comer of 8aid Tdpp tract;
(5) THENCE S 88° 46' 32' E, along a line common to said Orr tract and said Trip; tract, a distance
of 540.00 feet to the POINT OF BEGINNING, and containing 1.370 acres, or 59,657 square feet
of land, more or less
John F. Wilder, R.P.L S ~3.~ Date
Texas No. 4285