1997-086T \WPDOCS\ORD\BARIA ORD
ORDINANCE NO. ~-~-'~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE
CONTRACT WITH RICHARD A. BARIA AND JO AN BARIA, FOR THE PURCHASE OF
APPROXIMATELY 1.562 ACRE TRACT OF L~ND KNOWN AS 1301 MYRTLE,
DENTON, DENTON COUNTY, TEXAS FOR FUTURE EXPANSION OF THE CITY OF
DENTON ELECTRIC LOCUST SUBSTATION, AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a Real Estate Contract with Richard A. Barla and Jo An
Barla for the purchase of approximately 1.562 acre of land known as
1301 Myrtle, Denton, Denton, County, Texas for the future expansion
of the city of Denton Electric Locust Substation, a copy of which
is attached hereto and incorporated by reference herein.
SECTION II. That the city Council hereby authorizes the expen-
diture of funds in the manner and amount as specified in the
agreement.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approval
PASSED AND APPROVED this the /~ day of ~ , 19 ~ .
JAC~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPRO~D AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
TNIS CONTRACT OF SALE ls made by and between Richard A Barla
and wife Jo An Barla (hereinafter referred to as "Seller") and CITY
OF DENTON, TEXAS, a home rule municipality, of Denton, Denton
County, Texas, (hereinafter referred to as "Purchaser"), upon the
terms and conditions set forth herein
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for, the tract of land known as 1301
Myrtle, Denton, Denton County, Texas, being more particularly
described in Exhibit A attached hereto and incorporated herein by
reference for all purposes together with all and singular the
rights and appurtenances pertaining to the property, including any
right, title and interest of Seller in and to ad]acent streets,
alleys or rights-of-way (all of such real property, rights, and
appurtenances being hereinafter referred to as the "Property"),
together with any improvements, fixtures, and personal property
situated on and attached to the Property, for the consideration and
upon and subject to the terms, provisions, and conditions
hereinafter set forth
PURCHASE PRICE
1 Amount of Purchase Prlce The purchase price for the
Property shall be the sum of $90,000 00
2 Payment of Purchase Price The full amount of the purchase
price, minus any escrow, shall be payable in cash at the closing
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are subject to the satisfaction of each
of the following conditions any of which may be waived in whole or
in part by Purchaser at or prior to the closing
1 Preliminary Title Report Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a pre-
llmlnary title report (the "Title Report") accompanied by copies of
all recorded documents relating to easements, rights-of-way, etc ,
affecting the Property Purchaser shall give Seller written notice
on or before the expiration of ten (10) days after Purchaser re-
ceives the Title Report that the condition of title as set forth in
the title binder ~s or is not satisfactory, and in the event Pur-
chaser states the condition is not satisfactory, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, this Agreement shall thereupon be null
and void for all purposes and the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser, otherwise, th~s con-
dltlon shall be deemed to be acceptable and any objection thereto
shall be deemed to have been waived for all purposes
2 Survey Purchaser may, at Purchaser's sole cost and
expense, obtaln a current survey of the Property, prepared by a
duly l~censed Texas land surveyor acceptable to Purchaser The
survey shall be staked on the ground, and shall show the location
of all improvements, highways, streets, roads, railroads, rivers,
creeks, or other water courses, fences, easements, and rights-of-
way on or adjacent to the Property, if any, and shall contain the
surveyor's certification that there are no encroachments on the
Property and shall set forth the number of total acres comprisIng
the Property, together with a metes and bounds description thereof
Purchaser will have ten (10) days after receipt of the survey
to revlew and approve the survey In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day period,
give Seller written notice of this fact Seller shall, at Seller's
option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser
In the event Seller as unable to do so within ten (10) days after
receipt of written notice, Purchaser may terminate this Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposlt shall be returned by the Title Company to
Purchaser Purchaser's failure to gave Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey
3 Seller's ComPliance Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows,
which representations and warranties shall be deemed made by Seller
to Purchaser also as of the closing date
1 There are no parties an possession of any port~on of the
Property as lessees, tenants at sufferance, or trespassers
2 Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting the Property, or any part thereof, nor to the best
knowledge and belief of Seller is any such proceeding or assessment
contemplated by any governmental authority
PAGE 2
3 Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof
4 To the best of the seller's knowledge, there are no toxic
or hazardous wastes or materials on or within the Property Such
toxic or hazardous wastes or materials include, but are not limited
to, hazardous materials or wastes as same are defined by the
Resource Conservation and Recovery Act (RCRA), as amended, and the
Comprehensive Environmental Response Compensation and Liability Act
(CERCLA), as amended
CLOSING
The closing shall be held at the office of Dentex Title
Company on or before May 1, 1997, or at such title company, time,
date, and place as Seller and Purchaser may mutually agree upon
(which date zs herein referred to as the "closing date")
CLOSING REQUIREMENTS
1 Seller's ReGulrements At the closing Seller shall
A Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all llens, encumbrances, conditions, easements, assess-
ments, and restrictions, except for the followzng
1 General real estate taxes for the year
of closing and subsequent years not yet
due and payable,
2 Any exceptzons approved by Purchaser
pursuant to Purchaser's Oblzgatzons here-
of, and
3 Any exceptions approved by Purchaser
in writing
B Deliver to Purchaser a Texas Owner's Title Policy at
Seller's sole expense, issued by Dentex Title Company, (the
"Title Company"), or such title company as Seller and
Purchaser may mutually agree upon, in Purchaser's favor in
the full amount of the purchase price, insuring Purchaser's
fee szmple title to the Property subject only to those
title exceptions listed zn Closing Requirements hereof,
such other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions contained in
the usual form of Texas Owner's Title Policy, provided,
however
PAGE 3
1 The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Seller,
2 The exception as to restrictIve cove-
nants shall be endorsed "None of Record",
3 The exception for taxes shall be
limited to the year of closing and shall
be endorsed "Not Yet Due and Payable", and
4 The exception as to liens encumbering
the Property shall be endorsed "None of
Record"
C Deliver to Purchaser possession of the Property on the
day of closing
2 Purchaser's Requirements Purchaser shall pay the pay the
conslderatlon as referenced ~n the "Purchase Price" sectlon of this
contract at Closing in immediately available funds
3 Clos~n~ Costs Seller shall pay all taxes assessed by any
tax Jurisdiction through the date of Closing
Ail other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated here~n
shall be equally shared by Purchaser and Seller
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
th~s Agreement shall be the sole responsibility of Seller, and
Seller agrees to indemnify and hold harmless Purchaser from any and
all claims for these commissions
BREACH BY SELLER
In the event Seller shall fall to fully and t~mely perform any
of its obligations hereunder or shall fall to consummate the sale
of the Property except Purchaser's default, Purchaser may e~ther
enforce speclflc performance of th~s Agreement or terminate th~s
Agreement
PAGE 4
BREACH BY PURCHASER
In the event Purchaser should fall to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement
MISCELLANEOUS
1 Assignment of Agreement This Agreement may not be
assigned by Purchaser without the express written consent of
Seller
2 Survlval of Covenants Any of the representations, war-
rantles, covenants, and agreements of the parties, as well as
any rights and benefits of the parties, pertaining to a per~od of
time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein
3 Notice Any notice required or permitted to be dellvered
hereunder shall be deemed received when sent by United States mall,
postage prepaid, certlfled mall, return receipt requested, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the s~gnature of the party
4 Texas Law to APPLY This Agreement shall be construed
under and ~n accordance with the laws of the State of Texas, and
all obllgatlons of the parties created hereunder are performable in
Denton County, Texas
5 Parties Bound This Agreement shall be b~ndlng upon and
· nure to the benefit of the parties and their respectIve he~rs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement
6 Legal Construction In case any one or more of the pro-
v~slons contained in this Agreement shall for any reason be held to
be ~nvalld, illegal, or unenforceable ~n any respect, said ~n-
val~dlty, lllegallty, or unenforceab~llty shall not affect any
other provision hereof, and this Agreement shall be construed as ~f
the lnvalid, illegal, or unenforceable provision had never been
contained hereln
7 Prior AGreements Superseded Th~s Agreement constitutes
the sole and only agreement of the parties and supersedes any prior
understandings or written or oral agreements between the part~es
respecting the w~th~n sub3ect matter
8 Time of Essence T~me is of the essence in this Agreement
PAGE 5
9 Gender Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words in the
singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise
10 Memorandum of Contract Upon request of either party,
both parties shall promptly execute a memorandum of this Agreement
suitable for filing of record
11 Compllance In accordance w~th the requirements of the
Texas Real Estate Llcense Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract cover3ng the Property examined
by an attorney of Purchaser's own selection
12 Time Llmlt In the event a fully executed copy of this
Agreement has not been returned to Seller within thirty (30) days
after Seller executes this Agreement and delivers same to
Purchaser, Seller shall have the right to terminate this Agreement
upon written notice to Purchaser
DATED this /~ day of ~ , 1997
SELLER PURCHASER
THE CITY OF DENTON, TEXAS
Benavldes
Rlchard'A ~arfa- Ted
City Manager
~ ~ ~ t 215 E McKlnney
~ Denton, Texas 76201
J~ Bar,a
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
PAGE 6
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on thzs day
of ,~-an(~ar~ , 1997 by Richard A Barla
Notary ~/ n and for Texas
STATE OF TEXAS
COUNTY OF DENTON
Thins instrument was acknowledged before me on this day
of ~ ~Lv~u~rc~ , 1997 by Jo An Barla
g~ "'~"~"~g ~ Notary ~ and
~- .......... ?~--~- ....... ~ P~ln
Texas
STATE OF TE~S
CO~TY OF DENTON
.e. on
of~~ , 1997 by Ted Benavldes City Manager, of the
C~ty of Denton, a municipal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the
sa~d City of Denton, Texas, a municipal corporation, that he was
duly authorized to perform the same by appropriate ordinance of the
City Council of the City of Denton and that he executed the same as
the act of the said City for purposes and consideration there~n
expressed, and in the capacity there~n stated
AEE007FF
PAGE 7
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT YAUD UNLESS YOUR NAME AND THE
POUCY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS
COUNTERSIGNED BELOW
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
No ' lo Zo
Alamo Title Insurance
of Texas
We, Alamo Title Insurance of Texas, a Texas corporation, will ~ssue our t~tle ~nsurance pohcy or pohcies
(the Pohcy) to You (the proposed insured) upon payment of the premium and other charges due, and
comphance with the requirements ~n Schedule B and Schedule C Our Pohcy will be ~n the form approved
by the Texas Department of Insurance at the date of issuance, and w~ll ~nsure your ~nterest ~n the land
descnbed in Schedule A The estimated premium for our pohcy and applicable endorsements ~s shown on
Schedule D There may be additional charges such as recording fees, and expedited deltvery expenses
This Commitment ends ninety (90) days from the effective date, unless the Policy ~s ~ssued sooner, or failure
to ~ssue the Policy ~s our fault Our liability and obligations to you are under the express terms of this
Commitment and end when th~s Commitment expires
ATTEST ~ ALAMO TITLE ~NSURANCE OF TEXAS
Secretary ~ ~__~ President /
Authorized S~gnatory
DENTEX TITLE COMPANY
300 N ELM STE 101
DENTON, TEXAS 76201
CONDITIONS AND STIPULATIONS
I If you have actual knowledge of any matter which may affect the title or mortgage covered by th~s
Commitment, that is not shown ~n Schedule S, you must not~fy us ~n wnting. If you do not notify us in
writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our
Iiab~l~ty If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be
ral~eved of liability already incurred
2 Our hability ~s only to you, and others who are included in the dehn~hon of Insured ~n the Pohcy to be
~ssusd Our liability is only for actual loss ~ncurred ~n your rehance on th~s Commitment to comply w~th
~ts requirements or to acquire the ~nterest in the land Our habfllty ~s hm~ted to the amount shown in
Schedule A of this Commitment and will be subject to the following terms of the Pohcy
Insuring Prows~ons, Conditions and Stipulations, and Exclusions
(THIS COMMITMENT IS INVALID UNLESS SCHEDULES A, a, c AND D ARE ATTACHED HERETO )
Commitment for Title Insurance Effective January 1, 1993
A32157(1/93)
Al rno Title Insurance
of Taxa.,
TEXAS TITLE INSURANCE INFORMATION
Title ;nsurance insures you aga~net loss resulting from certain El seguro de titulo la asegura en relac~bn a p~d~das resultantes
risks to your title de c~ertos nasgos qua pueden afectar el tltulo de su propiedad
The Comm~trnent for Title Insurance ~s the title insurance El Comprom~so para Begura de T~tulo es la promeca de la
company's ~:~romlsa to issue the title Insurance polly The compa~la aseguradora de titulos de em~tir la pbhza de saguro
Commitment is a legal document You should rewew it de tltulo El Compromlso es un documento legal Uated debe
carefully to completely understand it before your closing date laerlo cu~dadesamente y entorderlo complatamente antes de la
feche para tinahzar su tranascc~bn
Your Commttmect for Title Insurance ~s a legal contract between you and us The Commitment ~s not an opinion or report of your
title It is a contract to issue you a policy subject to the Comm~tment's terms and rrequ~rements
Before ~ssu~ng a Commitment for T~tla Insurance (the Comm~trnsnt) or a T~tla Insurance Pohcy (the Pohcy), the T~tle insurance
Company (the Company) determines whether the title is msurabla Th~s determ~neflon has already been made Part of that
determination ~nvolvas the Company's decision to insure the title except for certain nsks that will not be covered by the Policy Some
of these risks are listed in Schedule B of the attached Commitment as Exceptions Other nsks are stated ~n the Policy as Exclusions
These neks w~ll not be covered by the Policy
Another part of the determination involves whether the prorn~sa to insure ~s conditioned upon certa;n requ~remants being met
Schedule C of the Comm~tmant lists these requirerrante that must be satisfied or the Company w~ll refuse the cover them You may
want to discuss any matters shown on Schedules B~nd C of the Commitment w;th an attorney These matters will affect your btla
and your use of the land
When your Pohoy is issued, the coverage w~ll be limited by the Policy's Excepbons, Exclusions and Conditions, defined below
EXCEPTIONS are t~tle nsks that a Pohoy generally covers but does not cover ~n a part;cular instance Exceptions are shown
on Schedule B or discussed in Schedule C of the Commitment They can also be added ~f you do not comply with the
Conditions section of the Commitment When the Policy la issued, all Exceptions w~ll be on Schedule B of the Policy
EXCLUSIONS are title risks that a Policy generally does not cover Exclus~ens are contained ~n the Pohcy but not shown
or d~scuased in the Commitment
CONDITIONS ara additional provisions that qualify or hm~t your coverage Conditions ~nclude your responslb~htiss and these
of the Company They are contained ~n the Policy but not shown or d~scuased m the Commitment The Policy Cond~bons
are not the same as the Commitment Conditions
You can get a copy of the pohcy form approved by the State Board of Insurance by calling the T~tle Insurance Coml~any at
1.800-292-8520 or by calling the title insurance agent that issued the Commitment The State Board of Insurance may revise
the policy form from time to time
You can also get a brochure that explains the Policy from the Texas Department of Insurance by calhng
Before the Policy ~s issued, you may request changes in the Poi~cy Some of the changes to consider are
Request amendment of the "area and boundary" exception (Schedule B, paragraph 2) To get th~s amendment, you must
furnish a survey On the Owner Policy, you must pay an add~flonal premium for the amendment If the survey ~s acceptable
to the Company, your policy will insure you against loss because of discrepancies or conflicts ;n boundary lines,
encroachments Or protrusions, or overlapping of improvements The Company may then dec,de not to ~nsure aganst
specific boundary or survey problems by making special exceptions m the Policy
Allow the Company to add an exception to "rights of parties in pasasss;on" If you refuse th~s excepbon, the Company
or the title insurance agent may inspect the property The Company may except to and not insure you aganst the rights
of specific persons, such as renters, adverse owners or easement holders who occupy the land The Company may charge
you for the inspection
Fornl C~tment Inforrnafl~n Effective January 1 1993
If you want to make your own ~napechon you must s~gn a Waiver of Inspection form and allow the Company to add th~s exception to your Pohcy
The entire premium for a Pohcy must be pa~d when the Policy rs ~ssued You will not owe any add~honal premiums unless you want to increase your
coverage at a later date and the Company agrees to add an Increased Value Endorsement
IMPORTANT NOTICE AVISO IMPORTANTE
FOR INFORMATION OR TO MAKE A COMPLAINT, CALL OUR PARA INFORMACION O PARA SOMETER UNA QUEJA LLAME AL
TOLL-FREE TELEPHONE NUMBER NUMERO GRATIS
1-800-292-5320 t -800-292-5320
ALSO, YOU MAY CONTACT THE TEXAS DEPARTMENT OF TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE
INSURANCE AT 1-800-252-3439 SEGUROS DE TEXAS AL 1-800-252-3439
to obtain ~nformatlon on para obtener informac~on sobre
1 flhng a complaint against an ~nsurance company or agent 1 como someter una queja en contra de una compa~a de segures o
agente de seguros
2 whether an Insurance company or agent ~s hcensed,
2 s~ una compar~a de seguros o agente de seguroa hene hcenc~a
3 complaints received against an insurance company or agent
3 quejas rec~b~das en contra de una compa~a de aeguros o agente
4 pohcyholder rights, and de seguros,
4 los derechos del asegurado, y
5 a I~st of consumer pubhcat~ons and services available through the
Department 5 una hsta de pubhcac~ones y serv~c~os pare consum~dores d~spombles
a traves del Departamento
YOU MAY ALSO WRITE TO
TAMBIEN PUEDE ESCRIBIR AL
THE TEXAS DEPARTMENT OF INSURANCE DEPARTAMENTO DE SEGUROS DE TEXAS
PO BOX 149104 PO BOX 149104
AUSTIN, TEXAS 78714-9104 AUSTIN TEXAS 78714-9104
FAX NO (512) 475-1771 FAX NO (512) 475-1771
THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE
POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS
COUNTERSIGNED BELOW
COMHIT~ENT FOR TITLE INSURANCE
SCHEDULE A
EFFECTIVE DATE. December 31, 1996 GF NO .' 97-1020S
CO~IT~NT NO.: , issued January 17, 1997 et 8:00 a.~
( If applicable)
1. POLICY OR POLICIES TO BE ISSUED:
(a) OWNERS POLICY OF TITLE INSURANCE (Form T-i)
(Not applicable for improved one-to-four family residential real estate)
Policy Amount: 890, 000.00
Proposed Insured: CITY OF DENTON
(b.) OWNERS POLICY OF TITLE INSURANCE -
ONE-TO-FOUR ~AMILY RESIDENCES (Form T-iR)
Policy Amount.
Proposed Insured:
(c.) MORTGAGEE POLICY OF TITLE INSURANCE (Form T-2)
Policy Amount:
Proposed Insured:
Proposed Borrower:
(d.) MORTGAGEE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13)
Binder Amount:
Proposed Insured.
Proposed Borrower:
( e. ) OTHEI~
Policy Amount'
Proposed Insured:
2. The interest in the land covered by this Commitment is Fee Simple
3. Record title to the land on the Effective Date appears to be vested in:
RICHARD ~ EARIA and JO AN BARIA (AS TO TRACT ONE)
RICHARD ARLEN BARI~ SR (AS TO TRACT TWO and TRACT THREE)
4. Legal description of the land:
All those certain tracts of land being situated in the A. Nill Survey, Abstract No
623, Denton County, Texas, and being mere particularly described in Exhibit "A"
attached hereto and mede a part hereof
Dentex Title Company
Authorized Countersignature
FO~ Commitment-Schedule A Effective January, 1 1993
EXHIBIT "A"
TRACT ONE:
All that c~rtain p.734 aero trn(~t OF parse1 of lend situated in the A. HXLL
· ~; AB~ ~ 623~ ~nton Co~t~, ~xas~ ee~d t~acc ~ng a ~t o~ a
ca~Ae~ ~.562 aero ~aR oh~ ~ ~ to Richard A. sar~a and recorded in Va&uae
599~ page 574 ~ tbs md ~rde o~ ~ntofl Couflt~, Texas, and being more
pertinently des~rL~d as ~o1~8:
BEGZHHZ~, ~OF ~he Harshest ~rnoF o~ ~he ~rac~ being described herein a~ a
~ence earner ~8~ in the ~8~ righ~ of way o~ ~c~le SCree~
THENCE Hatch 89 degreee ~2e 48° ~ along and vi~h a fence a ~o~aflce o~ ~SS S3
feeC ~o an ir~ pin ee~ in ~he gr~d~
THEHCB Hough 00 degrees 32* 06" veeca distance or 203.05 ~ee~ ~o an iron pla
sec in ~he ground Iff a ~onee lLnef
THENCE HarSh 89 ~gc~s S0e 29" MOOC vi~h said ~ence a distance o~ L57.62 ~ee~
~o a ~ence corner Wac in .a~d U8~ r~gh~ o~ gay of Myrtle ScceeC~
THENCE Hor~h along eeLd right of gay a distance o~ 200.4~ ~ee~ ~o ~he ~H~ OF
B~INHIHO
All that certain 0.374 acre tract or parcel of land situated in the A HILL
SURVEY, ABSTRACT NUAHER 02]~ Denton Conntyt Teasel enid tract being a part of
called 1.S62 aero ~raot shown by Deed to Richard A. Bar/e and recorded in Volume
SEE, Page S74 of tho Deed Rooordl of Denton County, Texas, and being more
particularly deeoribed Aa followal
NEGIHHINUt for the Northwest ~orner of the tract being described herein at an
iron pin set An tho ground in · fines line at a point North 80 degrees 12' 48'
Heat 159.S3 feet and South 0 degrees 32e 000 Neet 103.24 feet from the
corner of said Saris
THENCE North 89 degrees 02' 11' Beet a distance of 181.57 Kent to an lrcn pin
set in tho ground in tho Horthveet right of way o£ ~uet street~
THENCE South 22 dearies 33' 22' #sit along said right of way
111.S0 Kent to · Sense ~ornar poet~
THENCE North 89 degrees SO' 29' Nest with a fence a distance oK ~39 59 ~ee~ to
an iron pin set in ~he groundj
r,$~N North 0 degreel 32' 06e gait e distance oK 99.81 rest ~o ~he POINT OF
BEGINNING,
Page 1 of 2
EXHIBIT "A" CONTINUED
TRACT THREE.
SORVEY, ~ ~ 6~3, ~t~ ~u~t~, Texasl eaLd ~racc being a ~r~ o~ a
caAled ~.56] more traet a~ ~ Mad ~o Richard A. Sar~a and recoFded la Volume
S99, page 574 Of ~he ~d ~.ords o~ Denton County, Texax, and being moFe
BEGZNNZHG, for ~he ~r~es~ ~rner of ~he ~rac~ beAflg described herein a~ an
iron pin, eec a~ a ~la~ Hatch 80 d~reea 12' 48" ~lt XS9.S3 ~ee~ tr~ ~he
Tff~HCB North 89 ~grfle ~1' 48° hs~ v*~h eaLd ~..ce a dts~an~e of 223.40 ~ee~
~o a ~ence ~ocner ~.c La ~he Nor~h~s~ rl~h~ of way o~ Locus~ S~reec~
XXX.80 feeC ~o ~ ~ro. p*. 8e~ la ~he ground~
THENCE 8ou~h 8S d~reee 02' ~0 West a d~sCan~e or X81.57 ~ee~ ~o an IFofl p*fl
se~ Ln CAe gr~nd~
THEHCB HarSh 00 degree 32~ 06° ~s~ a d~eCance o~ 103.24 ~ee~ ~o ~ho ~X~ OF
Page 2 of 2
COmmITmENT FOR TITLE INSURANCE
SCHEDULE B
EXCEPTIONS FROM COVERAGE
G.F. No..' 97-1020S
In addition to the Exclusions and Conditions and Stipulations, your Policy will not
cover loss~ costs, attorneys' fees, and expenses resulttn~ frou~
1 The following restrictive covenants of record itemized below (We must either
insert specific recordin~ data or delete this exception):
This exception is ~ereby deleted in its entirety.
2 Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrusions, or any overlapping of improvements.
3 Homestead or community property or suvivorship rights, if any, of any spouse of any
insured. (Applies to the Owner Policy only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the
public, corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or
perennial rivers ,and streams, lakes, beys, gulfs or oceans, or
b to lands beyond the line of the harbor or bulkhead lines as established
or chanEed by any Eovernment, or
c. to filled-in-lands, or artificial islands, or
d to statutory water rightst including riparian rights, or
e to the area extendin~ from the line of mean low tide to the line of vegetation,
or the rights of access to that area or easement along and across that area.
(Applies to the Owner Policy only. )
$ Standby fees, taxes and assessments by any taxing authority for the year 1997 and
subsequent years, and subsequent taxes and assessments by any taxing authority for
prior years due to change in land usage or ownership.
6 The terms and conditions of the documents creating your interest in the land
7 Materials furnished or labor performed in connection with planned construction
before signing and delivering the lien document described in Schedule ~ if the land
is part of the homestead of the owner (Applies to the Mortgagee Title Policy
Binder o~ Interim Construction Loan only, and may be deleted if satisfactory
evidence is furnished to us before a binder is issued. )
8 Liens and leases that affect the title to the land, hut that are subordinate to the
lien of the insured mortgage. (Applies to the Mortgagee Policy only )
9. The followin~ matters and all terms of the documents creating or offering evidence
of the metters (We ~ust insert matters or delete this exceptio~ ):
a. Any visible and apparent easements over and across said property, the
existence of which does not appear of record.
b. Any part or portion of the herein described property, lying within the
boundaries of a public or private road or right of way.
c. Rights of parties in possessio~u (On OTP only)
Any outstandinE oil, gas and other mineral interest owned by others of
record in the office of the County Clerk of Denton County, Texas
e. Easement as set forth in a deed from RICHARD ~. BARIA ET UX to RICHARD ~.
FOR~ Comm~tmant-$chedule B Effective January 1, 1993
CONTINUATION OF SCHEDULE B
G F. No.: 97-1020S
BARI~ JR. ET UX~ by instrumsnt filed OCT. 12, 1984 end recorded in Vol--r~ 1502,
Pase 5.50, REAL PROPERTY Records, Denton County, Texas.
FOIL~ Commitment-Schedule B Effective January 1~ 1993
CO~KTF~NT FOR TITLE INSURANCE
SCHEDULE C
G.P. No.. 97-1020S
Your Policy will not cover loss, costst attorney's fees, and expenses resultinS from the
following reqv/rements =hat will appear as Exceptions in Schedule B of the Policy,
unless you dispose of these matters to our satisfaction, before the date the Policy is
issued
1 Documents creating your title or interest must be approved by us end must be
signed, notarized and filed for record.
2 Satisfactory evidence must be provided that:
- no person occupying the land claims any interest in that land against the
persons n~med in paragraph 3 of Schedule ~
- all standby fees, taxest assessments and charges against the property have been
paidt
- all improvements or repairs to the property are completed and accepted by
owner, and that all contractors~ subcontractors, laborers and suppliers have
been fully paidt and that no mechan/c' st laborer's or materialmen' s liens have
attached to the propertyt
- there is legal right of access to and from the landt
- (on a Mortgagee Policy only) restrictions have not been and will not be
violated that affect the validity and priority of the insured mortgage
3 You must pay the seller or borrower the agreed amount for your property or interest
4 Any defect, lien or otharmatter that may affect title to the land or interest
insured, that arises or is filed after the effective date of tk%s Commitment
5. Upon receipt of a survey acceptable to Company end upon payment of all the
expenses in connection with the survey and the applicable premium, if any, Item 2 of
Schedule B will be deleted except for "shortages in area," subject to any additional
exceptions revealed by the survey.
6. Upon payment of the applicable premium, Paragraph 3 of Schedule B of any
Mortgagee Title Policy or Mortgagee Title Policy Binder on Interim Construction Loan
will be amended to read es followa~ "Standby fees, taxes and assessments by any
taxing authority for the year 1997 and subsequent years."
7. Upon payment of the applicable premium, Paragraph 3 of Schedule B of any
Mortgagee Title Policy or Mortgagee Title Policy Binder on Interim Construction Loan
will be amended to ir~lude the following language' "Company insures that standby
fees, taxes and assessments by any taxing authority for the year 1997 are not yet
due and payable."
8 Note to all buyers, sellers~ borrowerst lenders and all parties having an
interest in the transaction covered by t~Ls oomucCtment. The following constitutes a
major change in the procedures and requirements for disbursement of funds pursuant
to this transaotiom
The State Board of Insurance has adopted Article 9.39A disbursement from trust fund
accounts and Procedural Rule P-27 which requires that sufficient "good funds" be
received and deposited to the trust fund account before disbursment. "Good funds"
is defined in part as~ 1. cash or wire transfers~ 2. certified ohecks, cashier's
check~ and teller's checks~ 3. unterrified funds in amounts less than $1500. 00,
including personal ohacks~ travelers checks, money orders, and negotiable orders of
POR~ Commitment-Schedule C Effective January 1, 1993
CONTINUATION OF SCHEDULE C
G. F No.: 97-1020S
withdrawal~ provided multiple items shall not be used to evoid the $1500.00
limitetiot~ and 4. uncertified funds in a~ounts of $1500.00 or more, drafts and any
other items when collected by the financial institutio~
Deed of Trust dated APR. 19~ 1985~ executed by P.~CHAI~ A. BARI~ JR. AND W~PE,
JANET BARI~ for the benefit of CTTIZENS NATTONAL BANI% securins indebtedness in the
original principal emount of $15~000.00~ said Deed of Trust recorded on I~A¥ 3~ 1985
in Vol,,~ 1627, Page 512~ Real Property Records o~ Denton County~ Texas.
I~EQU~RE~NT~ RELEASE (AS TO TRACT TWO and TRACT THI~E)
Quitclaim deed £rom It~chard Arlen Baria~ Jr. and Janet Lee Barie to Richard
Arlen Baria~ Sr. recorded Aug. 1~ 1988 in Volume 2424~ PeSe 248~ Real Property
Records of Denton County, Texee. REQUIREI~NT~ Special Warranty Deed
FOR.M. Co~m~:tment-Schedule C Effective Jenuary 1~ ~993
Alamo Title Insurance of Texas
COMMITMENT FOR TITLE INSURANCE GF NO g7-1020S
SCHEDULE D
Pursuant to the requirements of Rule P-21, Basic Manual of Rules~ Rates and Forms for the
writing of Title Insurance in the State of Texas, the following disclosures are made.
! The following individuals are directors and/or officers, as indicated, of Alamo Title
Insurance of Texas.
Alex H. Halff, Chairman of the Board, Don H. Still, President, Ruth W.
McCracken, Senior Vice Presidentl Richard B Squllla, Vice President,
Pat L. Wilson, Secretary-Treasurer
OIRECTORS= Jack Biegler, Alex H. Halff, Ruth W McCracken, Travls M
Moursand, Robert T. Rork, Oon H. Still, E. Oon Walker, Jr , James M
Wilson and Pat L Wilson
Alex H. Halff, Howard A. Halff, the Estate of Thomas A. Halff, and
Mortgage Loan & Agency Co. are owners of more than 10~ of the stock of
Alamo Title Insurance of Texas. Travis M. Moursund and Alfred Moursund
are each an owner of more than 10% of the stock of Mortgage Loan &
Agency Co
2 The following disclosures are made by the Title Insurance Agent issuing this commitment
OWNERS of 100~ of Oentex Title Company. Adams Title Company
OIRECTORS of Oentex Title Company= Phil Adams, Ruth Adams & Rebecca
Arnold-Moore
OFFICERS of Dentex Title Company= Rebecca Arnold-Moore, President; Llnda Dudley, Vice
Presldentl Stacie Bourland, Secretary/Treasurer
Phil Adams and Ruth Adams own 100~ of the stock of Adams Title Company
3 You are entitled to receive advance disclosure of settlement charges in connection with
the ~roposed transaction to which this commitment relates Upon your request, such
dlscmosure will be made to you Additionally, the name of any person, firm or corporation
receiving any sum from the settlement of this transaction will be disclosed on the closing
or settlemont statement
You are further advised that the estimated title premium* is'
Owner Policy g40 O0
Mortgage Policy
Endorsement Charges
Total Sv4u.uu
Of this total amounts Ic~ ~ will be paid to the policy issuing Title
Insurance Company; ~gl ~ will be retained by the Title Insurance Agencyl and
the remainder of the estlmatea premium will be paid to other parties as follows
AMOUNT TO WHOM FOR SERVICES
* The estimated premium is based upon information furnished to us as the date of this
Commitment for Title Insurance Final determination of the amount of premium will be made
at closing in accordance with the Rules and Regulations adopted by the State Board of
Insurance.
Alamo Title Insurance
of Texas
GF No
(Optional)
DELETION OF ARBITRATION PROVISION
(Not apphcable to the Texas Residential Owner Pohcy)
ARBITRATION ~s a common form of alternatwe d~spute resolubon It can be a quicker and cheaper means to
settle a d~spute w~th your T~tle Insurance Company However, ~f you agree to arbitrate, you g~ve up your r~ght to
take the T~tle Company to court and your r~ghts to d~scovery of ewdence may be hm~ted ~n the arbltrabon
process In add~bon, you cannot usually appeal an arbitrator's award
Your policy contains an arbitration provision (shown below) It allows you or the Comoanv to re(3ulre arbitration
If the amount of Insurance is $1,000,000 or less If you want to retain your right to sue the Company in case of a
dispute over alclalm, you must request deletion of the arbitration provision before the policy Is Issued You can
do this by signing this form and returning It to the Company at or before the closing of your real estate trans-
action or by writing to the Company
The Arbitration prowslon m the Pohcy ~s as follows
"Unless prohibited by apphcable law or unless thru arbitration section ~s deleted by specific prows~on
~n Schedule B of th~s pohcy, e~ther the Company or the Insured may demand arbitration pursuant to
the T~tle Insurance Arb~trabon Rules of the American Arb~trabon Assoc~ahon Arbitrable matters may
~nciude but are not hm~ted to, any controversy or claim between the Company and the Insured aris-
ing out of'or relating to th~s Policy, and service of the Company ~n connechon w~th ~ts msuance or the
breach of a pohcy prows~on or other obhgat~on All arbitrable matters when the Amount of Insurance
~s $1,000,000 or less SHALL BE arbitrated at the request of e~ther the Company or the Insured, unless
the insured ~s an md~wdual person (as d~st~ngu~shed from a corporation, trust, partnership, assocm-
tmn or other legal enhty) All arbitrable matters when the Amount of Insurance ~s tn excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured Arb~trahon
pursuant,to th~s Pohcy and under the Rules m effect on the date the demand for arb~trabon ~s made
or, at the option of the Insured, the rules ~n effect at the Date of Pohcy shall be b~nd~ng upon the
partms The award may ~nclude attorney's fees only ~f the laws of the state ~n which the land ~s located
permit a court to award attorneys' fees to a prevailing party Judgment upon the award rendered by
the Arbitrator(s) may be entered in any court hawng Jurisdiction thereof
The law of the s~tus of the land shall apply to an arbitration under the T~tle Insurance Arb~trahon
Rules
A copy of the Rules may be obtained from the Company upon request"
I request deletion of the Arbitration prows~on
SIGNATURE DATE