1996-056J \gPDOCS\ORD\U$$ERY ORD
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND CHRISTINE USSERY
FOR THE PURCHASE OF REAL PROPERTY FOR LANDFILL PURPOSES;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S~CTION I. That it approves the attached agreement between the
City of Denton and Christine Ussery for the purchase of real
property for landfill purposes and authorizes the City Manager to
execute the agreement on behalf of the City.
SECTION II That it authorizes the expenditure of funds in
accordance with the terms of the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED thls the~ day of ~ 1996.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
RE~L ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Christine Ussery
(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a
home rule municipality, of Denton, Denton County, Texas, (hereinaf-
ter referred to as "Purchaser"), upon the terms and conditions set
forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for, the tract of land containing ap-
proximately 4 acres of land situated in Denton County, Texas, being
more particularly described in Exhibit A attached hereto and
incorporated herein by reference for all purposes together with all
and singular the rights and appurtenances pertaining to the prop-
erty, including any right, title and interest of Seller in and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Property"), together with any improvements, fixtures, and per-
sonal property situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth. However, it is expressly
understood that the seller may, at her own expense, remove the
following items from the property:
1. Window curtains and rods;
2. Refrigerator,
3. Kitchen stove;
4. Television antenna and mast post;
5. Clothes lines and post.
Any of the above listed items not removed prior to vacating
property shall be forfeited to Purchaser.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of $72,000.
2. Payment of Purchase Price. The full amount of the Purchase
Price shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are sub]ect to the satisfaction of each
of the following conditions any of which may be waived in whole or
in part by Purchaser at or prior to the closing.
1. Preliminary Title Report. Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a pre-
liminarY title report (the "Title Report") accompanied by copies of
all recorded documents relating to easements, rights-of-way, etc.,
affecting the Property. Purchaser shall give Seller written notice
on or before the expiration of ten (10) days after Purchaser re-
ceives,the Title Report that the condition of title as set forth in
the title binder is or is not satisfactory, and in the event Pur-
chaser states the condition is not satisfactory, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser.
In the.event Seller is unable to do so within ten (10) days after
receipt of written notice, this Agreement shall thereupon be null
and void for all purposes and the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser; otherwise, th~s con-
dition.shall be deemed to be acceptable and any ob3ection thereto
shall be deemed to have been waived for all purposes.
2. Survey. Upon written request by Purchaser delivered to
Seller contemporaneously with Purchaser's delivery of an executed
original of this Agreement, Seller shall within twenty (20) days
from the date hereof, at Purchaser's sole cost and expense, deliver
to Purchaser a current survey of the Property, prepared by a duly
licensed Texas land surveyor acceptable to Purchaser. The survey
shall be staked on the ground, and shall show the location of all
improvements, highways, streets, roads, railroads, flyers, creeks,
or other water courses, fences, easements, and rights-of-way on or
ad]acent to the Property, if any, and shall contain the surveyor's
certificatIon that there are no encroachments on the Property and
shall set forth the number of total acres comprising the Property,
together with a metes and bounds description thereof.
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day period,
give Seller written notice of this fact. Seller shall, at Seller's
option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser.
In thelevent Seller is unable to do so w~thin ten (10) days after
receipt of written notice, Purchaser may terminate this Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposit shall be returned by the Title Company to
Purchaser. Purchaser's failure to give Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey.
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing
PAGE 2
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 in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers.
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting the Property, or any part thereof, nor to the best
knowledge and belief of Seller is any such proceeding or assessment
contemplated by any governmental authorlty.
3. Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
4. (a) There are no toxic or hazardous wastes or materials on
or within the Property. Such toxic or hazardous wastes or
materials include, but are not limited to, hazardous materials or
wastes as same are defined by the Resource Conservation and
Recovery Act (RCRA), as amended, and the Comprehensive Environmen-
tal Response Compensation and Liability Act (CERCLA), as amended
(b) The City of Denton assumes the risk of and agrees to
indemnify and hold Seller harmless, and to defend Seller against
and from all claims, costs, liabilities, expenses (including
without limitation court costs and attorney's fees), or demands of
whatsoever nature or source for any defects or Environmental
Problems, latent or obvious, discovered or undiscovered, in the
real and chattel property to be conveyed hereunder, causing per-
sonal injury to or death of persons whomsoever (including without
limitation employees, agents or contractors of the City of Denton,
Seller or any third party), or causing property damage or destruc-
tion of whatsoever nature or contamination to the environment
(including without limitation property of the City of Denton or
Seller, or property in its or their care, custody, or control, and
third party property), arising out of acts, omissions or events
occurring after Closing.
(c) Seller assumes the risk of and agrees to ~ndemnlfy and
hold the City of Denton harmless, and to defend the City of Denton
against and from all claims, costs, liabilities, expenses (~nclud-
lng without limitation court costs and attorney fees), or demands
of whatsoever nature or source for any defects or Environmental
Problems, latent or obvious, discovered or undiscovered, in the
real and chattel property to be conveyed hereunder, causing per-
sonal in]ury to or death of persons whomsoever (including w~thout
limitation employees, agents or contractors of Seller, the City of
Denton or any third party), or causing property damage or destruc-
PAGE 3
tlon of whatsoever nature or contamination to the environment
(including without limitation property of Seller or the city of
Denton, or property in its or their care, custody, or control, and
third party property), arising out of acts, omissions or events
occurring before Closing.
"Environmental Problems" means any cause or action under the
federal Comprehensive Environmental Response Compensation and
Liability Act of 1980 (as amended) and any cause or action arising
from similar federal, state or local legislation or other rules of
law, and private causes of action of whatever nature which arise
from environmental damage, toxic wastes or other similar causes.
MISCELLANEOUS OBLIGATIONS OF PARTIES
Seller shall be allowed to occupy the property until September
30, 1996, thereafter, seller shall pay rent at $400 per month, on
a month-to-month basis for a period not to exceed twelve months.
Seller shall not have the right to sublet or assign any of the
premises or any part thereof.
CLOSING
The closing shall be held at the office of Dentex Title
Company, Denton, Texas, on or before March 31, 1996, or at such
title company, time, date, and place as Seller and Purchaser may
mutually agree upon (which date is herein referred to as the
"closing date").
CLOSING REQUIREMENTS
1. Seller's Reauirements. At the closing Seller shall:
A. Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements, assess-
ments, and restrictions, except for the following:
1. General real estate taxes for the year
of closing and subsequent years not yet
due and payable;
2. Any exceptions approved by Purchaser
pursuant to ~urchaser's Obllaatlons here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Title Policy at
Purchaser's sole expense, issued by Dentex Title Company,
PAGE 4
Denton, Texas, (the "Title Company"), or such title company
as Seller and Purchaser may mutually agree upon, in Purch-
aser's favor in the full amount of the purchase price,
insuring Purchaser's fee simple title to the Property
subject only to those title exceptions listed in Closlnq
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:
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 full
cash purchase price to Seller at Closing ~n immediately available
funds.
3. Closinq costs. Through the date of Closing, Seller shall
pay all taxes assessed by any tax Jurisdiction through the date of
Closing. Any taxes imposed, assessed or arising because of a
change of use of the Property after closing shall be paid by
Seller.
All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be equally shared by Purchaser and Seller.
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, and
Seller agrees to indemnify and hold harmless Purchaser from any and
all claims for these commissions.
PAGE 5
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any
of its obligations hereunder or shall fall to consummate the sale
of the Property except Purchaser's default, Purchaser may either
enforce specific performance of this Agreement or terminate this
Agreement.
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS havlng been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement.
MISCELLANEOUS
1. A~sianment of Aareement. This Agreement may not be
assigned by Purchaser without the express written consent of
Seller.
2. S~rvival of Covenants. Any of the representations, war-
ranties, covenants, and agreements of the parties, as well as
any rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein
3. Notice. Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States mail,
postage prepaid, certified mall, return receipt requested, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the signature of the party.
4. Texas Law to ADmlv. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable
Denton County, Texas.
5. ~. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective helrs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Legal Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, said
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as
the invalid, illegal, or unenforceable provision had never been
contained herein.
PAGE 6
7. ~rlQr Aareements Superseded. This Agreement constitutes
the sole and only agreement of the parties and supersedes any prior
understandings or written or oral agreements between the parties
respecting the within subject matter.
8. Time of Essence. Time is of the essence in this Agreement.
9. Gender. Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words in the
singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
10. Memorandum of Contract. Upon request of either party,
both parties shall promptly execute a memorandum of this Agreement
suitable for filing of record.
11. Compliance. In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection.
12. Time Limit. In the event a fully executed copy of this
Agreement has not been returned to Seller w~thin 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.
SELLER PURCHASER
THE CITY OF DENTON, TEXAS
Christine Ussery ~'
421§ Foster Road Acting City Manager
Denton, Texas 76208 215 E. McKinney
Denton, Texas 76201
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this ~ day
of ~a~.~. , 1996 by Christine Ussery.
(~) N0,~ryPub,~c S,a,e0,1e×as ~ NotaryUPubl'lc in and for Texas
STATE OF TEXAS
COUNTY OF DENTON
This ~nstrument is acknowledged before me, on this ~ day
of ~m~ , 1996 by RICK SVHELA, Acting City Manager,
of the 'city of Denton, a munlcipal corporatzon, 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
said City of Denton, Texas, a municipal corporation, that he was
duly authorized to perform the same by appropriate ordinance of the
city Council of the Clty of Denton and that he executed the same as
the act of the said City for purposes and consideration therein
expressed, and ~n the capacity therein stated.
I1-* ~ '~ ~ GOIMt~I,SSfON EXPIRES
[ ~,':~ ,~ May 16, 1997
J \~PDOCS\K\USSERY K
PAGE 8
EXtllB iT "A"
ALL TItAT CERTAIN
lot, t~ut, t el ilaleel o[ land nilueted in Denton County, Texan, a i)a~t .f
Gideon Walker Sulvey, Abst~art No. 1332, and bain[l a i)~t or a 165 Ii';
tract described In Deed of T~uut executed by W. Ih Edwa~da, et al, to A I
lleavelb, 'l'runie~, teeolded In Vol. OD, PaRe 245 of the Deed of 'llunl
IM~CIIHHINU at tbs Inte~ne~tlon of the East line of a Not th-~outh publlr ~mul uml
tho Horth line o[ an ~ttet-Went public road nnar Ute ~ouihe~n moat ~outhwent
i. ornel of said 185.811 acre tract, said point being the ~outhern moat SouthwetH
ro~ne~ or held fleet ex(.ludlng an~ portion thereof lyln~ within tho ~'onflnet~ o[ u
public road=
TIIEHCE Hortb 1/2 deR. Ba~l with the ~a~t line o[ a He, th-South put)Ih
tala[ distance o[ 417. 418 feet, a eornet l
TIIEHCE East ?stalls[ with the North line o[ un East-West l)ublie ~oad
tim South line O[ tbia hast, a total distance or 411.418 feet. a
TIIENC~ South 411.416 feet. a eorne~;
TIIEHCE ~outh parallel with the Weal line o[ tbl~ tract 411.416 reel.
In a lense line on the Hortb line o[ an J~aat-We~t public road.
'IiiE~CE West with tbs lense line on the Ho~tb line or said public ~ond 417 416
feet to the place -[ beginning and eontalnlnE 4 ae~e~ o[ land, exclunive or ~oad-
it Is explessiy understood and aEreed this is a eorrcction Deed executed, ack-
ncwleged, delive~ed and accepted in lieu o[ Deed [rom ~llee Wilke~au~ to I'etr%
A. Ueaery and wi[e, Chrieting Uaeer~, dated February 11, 1065. ~eeo~ded in
Volume 520, Pa~e 202 o[ Ute Deed lleeorde o[ Denton Count3, Texa~, and I,
retroactive and effective as o[ February 17, !g85.
A SETTLEMENT STATEMENT
U S Department o! Housing
and Urban DeVelopment
8T~ Loan OMB No 25024)265
1 [] FHA 2 [] FmHA 3 [] Cenv Unins~ ~e~ -' umn~c~-eNumbe~
4 [] VA 5 [] Cony Ins Cash
C NOTE This form IS furnished to g --ttlement costs Amounts paid to
and by,the settlement agent are shown Items marked ("p o c )" were paid outside the closing,
they are shown here for informational purposes and are not included In the total?.__~__.
O NAME OF BORROWE THE C~TY OF DENTON, TEXAS
ADDRESS OF EORROWER~ 2[5 E. NCKINNE. OENTON~ TX 76201
E NAMEOFSELLER CHRISTINE USSERY
ADDRESS OF SELLER 4215 FOSTER ROAO, DENTON, TX 76208
F NAME OF LENOER~
ADDRESS OF LENDER
G PROPERTY LOCATION 4.0 ACRES OUT OF THE GIDEON NALKER SURVEY, ABSTRACT NO 1330, DENTON COUNTY, TEXAS
H 8ETTLEMENTAGENT Dent:ex Tttle Company
PLACE OF GETTLEMENT 300 N. Elm, Suite 10[, Oenton, Texas 76201
STACIE BOURLAND
I SETTLEMENT DATE 03/29/1996 PRORATION DATE: 03/29/1996
J SUMMARY OF BORROWER'S TRANSACTION IK SUMMARY OF SELLER'S TRANSACTION
OontraCtselapri~e 72,000.00 401 Contractselaprlce 72,000 0
lO2 Personal properly 402 Personal property
103, ~ettlement charges to borrower 1~331,00 403
(,'~Om llne 1400)
104 404
105 405
ADJU~I'MENTE FOR ITEMS PAID BY SELLER IN ADVANCE ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE
108 City/Town taxes to 406 Glty/Town taxes to
107 County taxes to 407 County taxes to
108 A~euments to ~08 Assessments to
109 School Taxes {Og School Taxes
110
111 tll
,112
la0 QROSS AMOUNT DUE FROM BORROWER · . 7~33! 00 420 QROSSA.U. OUHTDUETO~=R · 72,000
201 Oeposlt or earnest money 501 Excessdeposit($eelnstructions)
202, Principal amount of new IO~n(e) 502, Settlement oharges to seller(line t400) 192.33
203 F. xlsflng toen(s) token subject to 503 Exl~ng loan(e) tsken subject to
204, 504 Payoff of first mortgageloen
205 505 Payoffof second mortgageloan
207 507
209 ~09
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER ADJUSTMENTS FOR heMS UNPAID BY SELLER
210 City/Townfaxes 01/01/1996 to 03/29/1996 70.61 H0 Clty/Towntaxes 01/01/1996 to 03/29/1996 70 61
211 Co~ntytaxes 01/01/1996to 03/29/1996 36.33 ;'ll~Countymxes 01/01/1996 to 03/29/1996 36.33
212 Assessments to S12 Assessments to
2la, School Taxes 202,51 ;13 School Taxes 202.51
214 i ~14
2t$~ SI5
218 !516
2~7, 517
218 518
~!,9 ....... ~,,
E20 TOTAL PAID"BY/FoR .............. 520 TOTAL REDUCTIONS ...............
BORROWER · 309 45 IN AMOUNT DUE SELLER · 501 78
301 Gross amount due frorg borrower (line 120) 73,331 00 801 Gross amount due to seller (line 420) 72.000 00
302~ Less amount paid by/for bormw~ (//ne 220) 309,45 802 Less tote] reductions in amount due seller (#ne 620) 501.78
~O3 CASH ({~] FROM) (~ TO) SORROWER · 73,021 55 603 CASH (~'1 TO) ([] FROM) SELLER I~ 71,498 22
Previous Edition ts Obsolete HUD-t (3 86)
RESPA, HB 4305 2
Page I of 3
"/'~~ ~= ~ .~ . OMB NO 25020265
700 TOTAL SALES/BROKER'S COMMISSION
~S~ED~O~.P~!(~E' @ %_ PAID FROM PAID FROM
'~ - BORROWER'S SELLER'S
701 $ to ~ ~ FUNDS FUNDS
702 $ to AT AT
704703' COlliSion paid at eetliement SE i rLEMENT SEI'FLEMENT
802 Loan discount
803 Appraisal fee to
804 Credit report to
805 Lender's inspection fee
806 Mortgage insurance application fee to
807 Assumption fee
8O8
810
812 DOES NOT PRINT
901 Interestfrem / / to / / @$ /day
902 Mortgage insurance premium for mos to
903 H~ard Insurance premium for yra to
{K)4 Flood Insurance premium for yre to
I~1 Hazard Insurance months @ $ ,sr month ~ ------'--"---------
1002 Mortgage Insurance months @ $ ,er month
1003 City property taxes months @ $ =er month
1004 County property taxes months @ $ 3er month
1005 Annual assessmsnte months @ $ 3sr month
1006 School Taxes months @ $ )er month
1007 months @ $ )er month
1008 months @ $ )er month
1101 Escrow fee to
1102 Abstract or tnle search to
1103 Title examination to
1104 Title insurance binder to
1~05, Documehtpraparetionto PHILZPS & HOPKINS
1105 Notery fees to 75.00
I~07 Attorney's less to
(includes ~bove Item numbem,
11o8 Title insurance to Dentax Ttt3e Company 791 O0
(includes above t~em numbsm ~0% TO PHILZPS & HOPKINS FOR TITLE EXAH
1t09 Lender e coverage
1110 Owner's coverage $ 72.000 O0 ($7§100)
I11t~ ESCROW FEE Dentax Tit)e Company 85,00 85 O0
1112 TAX CERTIFICATE TRW REDI PROPERTY DATA 32 33
1202 City/County tax / stamps Deed $ Mortgage
1203 State tax t stamps, Deeds Mortgages
1204
1~05
1301 surveyto Ket'n Sur'veying Co. 429.00
1302 Pest inspection to
la03 FED X/ COURZER FEES
1304
1305
1306
1S07
1308
1400 TOTAL SETrLEMENT CHARGES (Enter on line 103, Section J and line 502 Section K) I~ ! ~ 331 O0 19233
#95-1341D Page 2 of 3
The Seller's and Banowsr's/Purchasar% understand the 8et~e~e~t
f,,r _o m__..o.~ ,e..r ~urces and cannot guarantee the accuracy theretofA~Anv~ r e a~ ~¢j~n~ Ionrf ~ -r~- -a~ .° ~n,,~,e~,r,~-e ~.n..g~e~tra,n.~°n from the best Information available
L~-~- L¥-w--?/r- umnaser u. ~d ..emtand th~; tax and Insurance prorotions and r~cervas were [~=~;asd or~'fi~u'~: '~'.-'~]"~ -m--a~Y_~? 1umlenea a c°pY o. f this Statement Sallar and
,'dr ~urran[ year, and In ~ne event of any change for current year, all necessary apJastrnants m~s~ ~; ;'-~=bl'~r~asr~n~el~'eer~r ~l~Pr rPol ~eer ~i r~/r s and are es,mates
I hereby authorize the Settlement Agent to make expanditur~ and disburasmanta as shown and approve same for payment
BORROWERS/PUI~"~$ ·
THE CITY 0 N, E~(AS ' ' ' CHRISTINE USSERY
BY RICK SVEHLA
TheHUD 1Setifement Statomentwhich Ihavepreparedlsatrueand accurate account of this transactlon I have cauced or wlll cauce the funds to be disbursed ln
accordance with this statement
Settlement Agent Date 03/29/1996
WARNING lt~sacr~met~kn~wing~ymakef~cestatamentst~theUnitedStatas~nthis~rany~thars~mi~arf~rm Penaltiesuponconvicfloncanlncludeaflneor
imprisonment For details see Title 18 U S Code Section 1001 and Section 1010
PROCEEDS FROM REAL ESTATE TRANSACTIONS (substitute IRS form 1099-S)
The .Information contained below and in Blocks E, G, H, and I la Im,~ortant tax information and is being supplied to the Internal Revenue Service ~f you are
required to file a return, a negligence penallY or other sanction will be ~mpceed on you if this item is required to be reported and the IRS determines that ishas not
been reported ~fth~rea~e~at&wasy~urpr~nc~pa~ras~dance~eF~rm2119~Se~e~rExchange~fPdcipalRasidence~f~ranyga~n w~thyourincometaxreturn, for
other transactions, complete the applicable parts of Form 4707 Form 0252 and/or Schedule D(Form 1040)
We, the Sellers, divide and allocate the contract sales price aa follows (no allocation required when husband and wife are the only Sellers)
NAME ALLOCATION NAME ALLOCATION
$ $
$ $.
GROSS SALES PRICE $ 72,000 00
[~ Check here if the Seller received or will receive property or services as part of the consideration --
SELLER'S CERTIFICATION OF TAXPAYER INDENTIFICATION NUMBER (substitute W-g)
You are required by law tO provide the Ssttlement Agent (see block H) wtth your correct taxpayer indentiflcation number If you do not provide your Settlement
Agent with your correct taxpayer Identification number you may be subject to civ or crimfnal pecat sa mpceed by law In the Tax Reform Act of 1986 under
Internal Revenue Code Sect one 6045(e), 8678 6722 6723 and 7203
Under penalties of perjury I certify that the number shown on this statement is my correct taxpayer indentiflcation number and that the allocation (if any) of the
sales price shown above is true an;= correct
SELLERS TIN SELLERS TIN
CHRISTINE USSERY
~95-1341D Page 3 of 3
A SETTLEMENT STATEMENT
U S Department of Housing
and Urban Development
B Typeof Loan OMB No 2502-0265
6 File Number 7 Loan Numbe-"~'"'~'-~
1 [] FHA 2 [] FmHA 3 [] Cony Unlns ~ ranceCaseNumber
4 [] VA 5 [] Cony Ins Cash 5-134[D
C NOTE This form is furnished to give you a statement of actual settlement costs Amounts paid to
end by the settlement agent are shown Items marked ("p o c)" were paid outs/de the closing.
they are shown here for Informational purposes and are not Included In the totals
D NAME OF BORROWER THE C:ITY OF DENTON, TEXAS
ADDRESS OF BORROWER 21,5 E, MCKINNE, DENTON, TX 76201
E NAMEOFSELLER CHRISTINE USSERY
ADDRESS OF SELLER 42[5 FOSTER ROAD, DENTON, TX 76208
F NAME OF LENDER'
ADDRESS OF LENDER,
G PROPERTYLOCATION 4 0 ACRES OUT OF THE GIDEON WALKER SURVEY, ABSTRACT NO [330, DENTON COUNTY, TEXAS
fl, 8ETTLEMENTAeENT Oentex Tf tle Company
PLACE OF SETTLEMENT 300 N. Elm, SUite 101, Denton, Texas 76201
STACIE I)OURLANO
t SETTLEMENT DATE 03/29/1996 PRORATION DATE 03/29/1996
J SUMMARY OF BORROWER'S TRANSACTION K SUMMARY OF SELLER'S~TRA~NSACTION
Contracteslaprlce 72,000 00 401 Contractsalaprlce 72,000.0(
102 PersonaJ property 402 Personal property
10,3 Settlement charges to borrower 1,3:31. O0 403
(frorn ltne 1400)
lO4 ~,04
105 ~O5
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE
1~8 Ci~J/Town taxes to t06 City/Town taxes to
107 County taxes to ~407 County taxes to
108 Assessments to 408 Assessments to
109 School Taxes 400 School Taxes
110 410
111 411
112 412
120 GROSB AMOUNT DUE FROM BORROWER · 73~331 00 420 GROSS AMOUNT DUE TO ~FLL_~R ~ > 72,000 00
201 Deposit or earnast money 501 Excassdeposit(seelnstructlan$)
202, Principal amount o! newloan($) 502, Settlement chargeato se~ier(llne 1400) 192 33
203 Existing loan(s) taken subject to 503 Existing loan(s) taken subject to
204 504 Payoff of first mortgsga Joan
205 505 Payoff of second mortgage loan
2O7 307
209 SO9
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER ADdUSTMENTS FOR ITEMS UNPAID BY SELLER
210 City/Towntaxes 01/01/[996 to 03/29/1996 70.6[ als C~ty/Towntsxes 01/01/1996 to 03/29/1996 70 61
211 Countytaxes 01/Ol/lgg6to 03/29/1996 36.23 ill Cou~tytaxus 01/01/1996 to 03/29/1996 36 33
212 Assessments to 512 Assessments to
213. School Taxes 202.51 643 Schoo] Taxes 202 51
214 514
R15,
216 518
~17, 517
~18 518
Z20 TOTAL P~ID"BY/FOR .......... SEO TOTAL'REOUCTIO'NS .....
BORROWER · 309 45 IN AMOUNT DUE SELLER · 601 78
301 Gross amount due from borrower (line 120) 73.331 00 I60t Gross amount due to seller (line 420) I 72.000 00
:302 Lesaamountpaldbylforbormwer(llna220) 300045 602 Lesatotalmdu~onalnamountdueseller(llna520) I 601 78
303 CASH (J-~ FROM) ([] TO) BORROWER · 73,021 56 603 CASH ({~ TO) ([] FROM) SELLER · I 71,498 22
Previous Edition i8 Obsolete HUD 1 (3 86)
RESPA, HB 4305 2
Page 1 of 3
~~;~ ~.. 2502 0285
OMB
No
700 TOTAL SALES/BROKER'S COMMISSION
BASED ON PRICE @ %= PAiD FROM PAID FROM
~'~'Y'~< ..... "" ~ ....... ~.~ "~ ~"~ ........ o~. ~.~ ~ ...... BORROWER'S SELLER'S
~ AT AT
702 $ to SE~LEMENT S~LEMENT
703 C~mm~lo~ p~ ~
7o4
~ ,~.,~ ~,~ POC
~1 Loan ~g[i~a~o~ %
802 ~an dl~unt %
8~ ~pr~s~ fee to
8~ Credit repo~ to
80~ L~der s Insp~ fee
~ Mo~gage insuran~ applicon fee ~
~7 ~ump~on fee
8O8
810
811
8~2 DOES NOT PRINT
a~3 ~ NOT PRINT
901 ~,~e,~.[ ~m / / to ] / ~ $ /day
~2 Mo~gage insur~ premium for mos ~
903 H~d Insumn~ premium for yrs to
~ Fl~d Insuran~ premium for ym to
t~t H~dlnsurance ,.~dh~ ~$ )~mon~
1~2 Mo~gage Insuran~ months ~ $ )er mon~
1~3, 01~ pmpe~ ~es months ~ $ )er mon~
1~ Coun~ p~pe~ ~ monks ~ $ mr month
1~ ~nual ass~en~ months ~ $ mr mon~
1008 School Taxes months~$ )ermonth
1~7 monks ~ $ ~er mon~
1~8 monffis ~ $ m ~er mon~
1t01 ~ow fee ~
1102 ~ra~ or aUe sear~ to
1~ Title e~mlnati~ ~
1104 ~fle Insur~ binder ~
1~05 D~umentpmpua~on~ PHZLZPS & HOPKZNS 75
11~ N~feesto
1107 A~omey's fe~ ~
(includes ~ I~m numbem,
1108 ~tleinsur~to Dentex Title Company 791 O0
(Includes~oveltem numbe~ 20~ TO PHZL]PS & HOPKINS FOR TZTLE EXAN
11~ ~nder's ~Ve~e
1110 Owner's~verage $ 72,000 O0 ( $791 00)
1111 ESCRO~ FEE Deotex Title Company
1112 TAX CERT]F]CATE TR~ RED[ PROPERTY DATA 3Z 33
1~1a COPIES/F~/L,D.
1201~ R~rdlngfaes ~$~S.O0 "Mo~age$ Rele~em$ 1~,~
12~ Ci~/Coun~/~mps Deed $ Mo~age$
1~4
1~I ~Wey~ Ke~n Surveying Co, 42g,~
1302 Pe~ inspe~lon to
1303 FED X/ COURZER FEES
1304
1308
1907
1308
1~ ,,
14~ TOTAL S~LEMENT CHARGES (Emer on line 1~, Se~on J and line 502, Semion ~ > ~331 O0 192 33
#95-13410 Page 2 of 3
f r"~o mseo~ s oa~u ~'~PnUn~rSaUntndeeer~de acc~ra~cv~ ~e r e~ fA~,~ theses1 ea~,bled thi~ information representing the transaction from ~ha best information available
cy y ~ats agent or lender involved ma be furnish
.Beeower/Purchaesr under~tsnd thct tax and insurance pmretlone and reserves were b~ed o~ ~ .... ~- ..... La-Y-~, ed a copy of this Statement Seller and
torcurrantyeer andintheeventofanvchanmeforcurrentv~. ~,,,~ ...... ,~..,~..._,--,;~,~-,wiu=preC~:lln earorsuppliedb others and are estimates
..... r ......... ,x =-, ............. u.L be made between ~el~'e~r and Borrower ~iirectly
I hereby authorize the Settlement Agent t~ make expendffures end dlebumemants es shown and approve same for payment.
Im ah~de o nC~ ~IYa~ ~reVl~n t ort ~y mil/Jell'n1 ~lS~dls ~ane~sa~gnedr ~ca~ tbt~aalt i°hf ak~ve° r~eca~ivg~da~a dcobl~lyleof, ~ieS ~.1 utr ~Dela~edt t~e m~e~tt ~t a~et~mane ~lt of all receipts and d lsbumements
CHRIST]NE USSERY
TheHUD 1SettiementStatementwhlchlhavepreparedisatrueandaccurataaccountofthistransaction Ihavecaucedorwlllcausethefundstobedlsbursedin
accordance with this statement
Settlement Agent. Data 03/2g/lgg6
iWm/~NIN(] !t Is' e c.~ to kno~.n, gl[/m..ak_e false statements to the United States on this or any other similar form Penalties upon conviction can include e fine or
.annmen~ for ue[a.s see Ht~e 10 U ~ ~ode Section 1001 and Section 1010
PROCEEDS FROM REAL ESTATE TRANSACTIONS (substitute IRS form 1099-S)
The Information contained below and in Blocks E, G, H and e re. portent tax information and is being supplied to the Internal Revenue Service If you are
required to fi]ea return a negl!genca penalty or other sanction w be Imposed on you if this item $ requ red to be reported and the IRS determines that Ishes not
been reported if this real esla~e was your principal residence, fle Form 2119 Sale or Exchan..ge of Priclpal Residence, for any gain with your income tax return for
other transactions, complete the applicable parts of Form 4707, Form 6252 and/or Schedule u(Form 1040)
We, the Sellem divide and allocate the contract sales pdce as follows (no allocation required when husband and wife are the only Sallem)
NAME ALLOCATION NAME ALLOCATION
$. $
GROSS SALES PRICE $ 72,000 00
[~ Check here if the Seller received or wiil receive property or services as part of the considarat~on
SELLER'S CERTIFICATION OF TAXPAYER INDENTIFICATION NUMBER (substitute W-9)
You are required by law to provide the Settlement Agent (ese block H) w~ your corrant taxpayer indantification number If you do not provide your Settlement
Agent with your correct taxpayer ]dantiflc~lon number you may be subject to civil or cdmmm penalties imposed by law in the Tm( Reform Act of 1986 under
internal Revenue Code Sections 8045(e), 6870, 6722 8723 and 7203
Under penalties of perjury I cartl~ that the number shown on this statement is my correct taxpayer indantltication number and that the allocation (if any) of the
sales price shown above s true eno correct
SELLERS TIN SELLERS TIN
CHRIST]NE USSERY
#gs-13410 Page 3 of 3
ADDITIONAL CLOSING DOCUMENTS
TITLB COMPANYt DENTEX TITLE CONPANY GF (FILR) NO.:_95-1341D
~U¥~R(S)I CITY OF DENTON
215 E. MCKINNEY, DENTON, TE~S 76201
S~LL~R(S)~ CHRISTINE USSERY
4215 FOSTER RO~, DENTON, TE~S 76208
LENDRR, N/A
PROP~R~ 4 0 ACRES OUT OF THE GIDEON W~KER SURVEY, ABST~CT NO 1330,
DENTON COUNTY, TE~S
fly bldallnI one or moro of the following llama ar may bo spprnpdata for thio tsan~endon, each SBLLEIhend/o,
BUYER ulmowledgas their underrtending of the dleclosurec being made by TITLR COMPANY end afBnns the repreceqlalinnz
made by them lo TITLR COMPANY as Indicated Bach such dbclosure or reprasentatlon may ]oindy benefit both TITLI~
COMPANY and its tide Imtuance underwdler-in.internst, Singular refarneco lo "Seller" ned "Buyer" includes muldpin
indlvldualHanfllles Idanufled above. Any numbered Item not applying to this trenrendon may bo aorred out
)p !) WAIVgR OFINSPgCTION. In tho comldaseflonofthe bsuancobyTiTLR
COMPANY to buyer of an Owner Puliny of Tide Insuraune:Lm~;uri~lg good
ned indofeasibin dde to tho Properly subjce! Io the Poliny,a lerms and condidons,
BUYER hereby waives any obligation on tho pm of 'm'LE COMPANY to
inspect the Properly, Buyer egror, s to accept fin Owner Policy containing tho
following Schedule "B" exception: "RIOIITS dP PARTIEs l~ POSSP~SION"
WIddn the meaning of this exception, "possession" shall include open acts or
visible evidence of oceupnecy and any visthin ned apparent roadway or
easomnet on or aernsa all or any part of tho Property, but this exception doec
not extend to any rlghl, claim, or inlerecJ nvJdtmced by e docomnet recorded in
the real astele records maintained by the County Clerk of tho county in which
tho Properly Is inceled BUYER agrees to bo fully raspunsiblo for inspoodna
tho Property Id determine tho dgins of any petty In poasassion and assumes fuji
responsibility for obtaining posseasion from Jla present occupants
Buyer'a Inldais 2) OWNER TFFLR REJEC'I3ON, Pursuant to the requirement of TItXAS
INSURANCE CODR Ardcle 955, BUYHR hereby aoJmowledgas that the
N / A Mertgago Policy of Tide Insurance to bo issued under the Fiin number ret&arced
above, irt comlderedon of $. paid in policy ixemium, will bo
issued for tho bneefit and protection of tho ~ end thai such Policy
will not ut'ford Illin Jiuornece coverage to BUYER in the event of ti defect in
tho ddo to tho rod aslaln being enquired An Owner Puiiny in tho wnonnt of
$. ahall be lasued for ne additional premium cost of
$. , uuiasa relented by BUYER, BUYBR HBRERY RIURCTS
THE ISSUANCE dP AN OWNER POLICY,
Seller'a ]nidala Buyer's Inidela 3) QUALIFYING POLICY PREMIUM PASS-TIIBOUOH. BUYER has
requerted that tho Owner Policy premium paid (or to bo paid) by Sell~ in fide
,, N/A N/A transection bo applied to issuance of an Owner Policy in favor of EUYER'a
trnesferen in a enlnaqunet, qualifying transaction. BUYER underatands that dda
epplinedon of the premium will not result in isauanne ;,f any Owner Policy in
fever of BUYER. end BUYER bec roJented lasuneno of ne Ownar Pullcy in
flUYER*a fever SELLER UERERY CONSENTS TO Tills APPLICATION
aP TIlE PREMIUM CIIAROED AS AOREED UPON BY SELLER AND
B er'a Iai a j~t) 4) RRCEIPT OF COMMITMRNT BUYER acknnwledtes havl~g received
.~ and reviewed a copy of the preliminary Title Cnmmitmnet Issued in connection
with tho above referenced transncdon end understands that BUYER's Owner
Policy will contain tho exceptions act forth in Schedule "E" of tho CommJtmnet,
· , tonethar with any additional exceptions to fMc eesubing from tho documne~
Involved in this trensactinn
Buyar's ]flJtJeJa S) UNSUBVI~YRD PROPERTY BUYER understands that no up-to data
en~ey or the Property has been done In connection with this ~nesentinn ned thtt
N/A tho Owner Policy tn bo issued to BUYER will not provide fido huurneon
cover0ge egahm encroecinunnt or Jmprovnmnets, boundary conflints, or other
·, matter that would bo found by t current enrvcy TITLE COMPANY has not
attempted to deteaninn if duo Property llas in n spaniel flood hazard area, ned
TthI~TLB COMPANY has not made any representation concerning proximity of
Property In relation to any flood phin or flood hazard area. BUYER Ja
advised that informednn concerning apeclal flood hasard areas may bo available
from county or muninJpal offices, a qualJBod enrvcyor br lend-neginearlng
company, or a private flood pluln noMultnflt
-Pngelof3-
) da) ACCEPTANCE O17 SURVEY. EUYER boa received and reviewed ti copy
of the su~oy of ~o Propor~ mede ~ co~tinn with
ac~owlndgns being awuo of tho following matl~s of ~m.oac~nt
/ disor~pmoy disclosed by tho sudsy
Buyer's lnldala db) EOUNDARY COVERAGE. Aa proposed to bo Issued, EUYER*e Owner
Policy will contain e Scotirai exception Io any discrepancies or conflicts in m'ee
. N/A or boundary lines, any enm.oachmants, or any ov=hpping of improvements
On payment of an eddiflnoel IS% Ownm. P?oy premiere, policy ce.yin.aec
elldMt thoro mailers is available, eubJcot Io '[i*I'L,R COIvIPANY*e tipproval of
a cormM survey of tho Property and wlthom Ilmhing specific exanpdoM to
meflm.s disclosed by tho aurvoy EUYER DECLINES TO ORTAI~' ~FHIS
ADDmONAL COVERAOE
Solies'slnldds ~i~.~ '/) PnO?nTYTAXPRORATIONS. oPor Yt. o. rurthcem.antyn ,..
IMco Iworeled IMtween EUYER and SBLLER, who Each aoknow(ltidlo
- undoretandinS thais thom Ix'orcUnoe sro bared either on lax emounts fd~r tho
precedinS yom' or upon eedm etas of tho tppribed video and/or arrested t~ rates
for the correct year SELLER esTms that any dcfanlt in prior payment of
-' pmlMrty ttxas, either current or delinquent, will on demand bo ~o,mptly
raimborand by SELLER to TITLE COMPANY BUYER and SELLER each
agree that, when amounts of the entrant yasre lanes become known md payable
(un or about October Is00 they will adjust any mmem of re proration and
rtilmborsement between themselves and that TITLE COMPANY tihail have no
further IlcbJlhy or oblJltmlon with rarpoct to these proredoue
DIsldet (CAD) may indtipondcotly determine EUYER'o now ownership and
billing address through deed record roseate:h, EtJY~R i. d~tJJl obligated by law
to "render" the Property for texedon, by noUfyJnS tho CAD of tho change in tho
PropeflY'a ownemh¥ and of EUYER*a propes addreas for tax billing RUYER
Is advised that current yem.'a taxes may have boon assessed on tho basis of
vafl°m exemPtinm °bteined bY SELLER (n S * bomorteed or oves-6S) Totho
oxMnt thet BUYER mtiy quelify to conUnno thom exeml~inm, It b tho
rarpomibllliy of tho EUYER to satisfy requirements or lin CAD within tho
period or time allowed EUYER aeknowiadsas ~mdemtandlns thegn obligatinns
and the mot thet TrFLE co~aPAl~, mamas no responsibility for futdro
ancorany of CAD r~ords concerning ownership, tax bUling address, or stems
hllw*slnldds t~ On) ACCEPTANCEOFREPAIRS. IfSELLRRCOdBUYERbovoprovinurly
agreed upon SELLER*a obligation to perform ce.lain repalra to the Propm.ty prior
to cineinL both pmlas affirm that all egreed upon repairs have bom completed,
and EUYER eccopts such repairs as bobB completed to EUYRR0s axtbfantlon,
'011'"/nldd. ~i }~ ~,L~) 'b) REEAIR' SUliSEQURNT TO CLOSIHG. if SELLER and EUYER IMv.
agreed upon SELLER*i obligation for certain repairs or othm. work affectjflI tho
Properly, 1o bo performed aftra, cinsinL both BUYER and SELLER tach
eeknowlcdgc their undorstmdina that TITLE COMPANY aiMll hove no duty or
responsibility cuncomlnB completion, quality of workmanship or mtitedab, ur
payman~ for such post closing repairs or work ~ or on tho Property
Bu~r°s/nldaJa 10) HOMEOWNERS ASSOCIATION. EUYER ecbi. owladges nodflctidon
that ownbrahlp of tho Property Involves memiMrship in a Itomcownes's or
N/A Property Owners Association, to whitih monthly ur annual dear or arsarsmoorl
will bo owed that mey bo cnforcochin by e lien eRaiMt tho Property BUYER
understands that thc arsooietinn (or Its mana~inl slant) should bo Gontacted by
BUYEP dlroefly to ti:~esrrain tho enact emnont of ful~'o duos or aasarsmonts
TITLE COMPANY disclaims any knowledge of, and has mede no
reprarantminn with respect to, tho AarocJedom annuel budl~ct, pending repairs
or deferred maintsnanco, if any, or othtir debts of tho Association EUYER
accepts solo rarpQnsthility to obtain such informetinn and veflJ~ its eoeora=y m
EUYER*e astisFtiction
Seliesoa lnldda ~~1~,,/ I!) CLOSING DISCLAIMER. SELLER and BUYER each anknowledae
undorstandin~ that tho above referenced Iranarodon hat not yet -oinsad,* At thiti
limo, any change In possession of the Properly takes pines AT EUYER*S AND
SELLER*S OWN WISK, THIS TRANSACTION IS NOT '*CLOSED" UNTIL.
A) ALL TITLE REQUIREMENTS ARE COMPLETED TO TIlE
SATISFACTION OF THE TITI..~ COMPANY,
E) ALL NECESSARY DOCUMENTS ARE PROPERLY EXECUTED.
REVIEWED, AND ACCEPTED IJY THE PARTIES TO THIS
TRANSACTION AND EY THE TITLE COMPANy,
C) ALL FUNDS ARE COLLECTED ~ DELIVERED TO AHD
ACCEPTED BY THE PARTIES TO WHO~ THEY ARE DUE,
AND.
D) ALL N~CESSARY DOCUMENTS ARE ~I.ED OP RECORD I~
THE APPROPRIATE PUBLIC RECORDS
- Pose 2 of 3 -
I~1) IRS RKPORTINO. 5BLLPlt a~knawl~B~
BY RICK SVHELA
BY; CHRISTINE U~SERY
A~.,,
NOTARY PI Jill lC, 5TATfl OPTflXA~
STATII OP TIIXAS
Tllla ~RULIB~ WAS ACKflOWI ~DO~fl ~flPORR MR OI4 Tllfl~Ay OP ~ ~RCH .19 ~
fly;_ [R~CK SVHELA, C~T~ 0~ DENTON
WARRANTY DEED
THE STATE OF TEXAS § ()~.1~
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
That I, CHRISTINE USSERY, a single person, of the County of
Denton and State of Texas, Grantor, for and mn conszderatlon of the
sum of TEN AND NO/100 ($10 00) DOLLARS and other valuable
consmderatmon to the undersmgned paid by the Grantee heremn named,
the receipt of whmch ms hereby acknowledged, have GRANTED, SOLD AND
CONVEYED, and by these presents do GR3~'I', bLLL AND CON-VEY unto THE
CITY OF DENTON, TEXAS Grantee heremn, of the County of Denton and
State of Texas, whose mailing address ms 215 E McKmnney, Denton,
Texas 76201, all of the following described real property mn Denton
County, Texas, to-wit
All that certain tract of land situated mn the Gmdeon
Walker Survey, Abstract 1330, Denton County, Texas, being
a resurvey of a called 4 acre tract descrmbed mn the Deed
to Perry A Ussery et ux recorded mn Volume 606, Page 641
of the Deed Records of samd County, as occupmed on the
ground the subject tract bemng more partmcularly
descrmbed as follows
BEGINNING at the Southwest corner of the tract bemng
descrmbed herein at a 1/2" iron rod found for corner at
the Southwest corner of samd 4 acre tract in the North
line of a road under apparent publmc use posted as Foster
Road,
THENCE North 00 degree 30 Minutes 00 Seconds East a
dmstance of 417 42 feet to a 1/2" capped mron rod set for
corner,
THENCE due East a dmstance of 417 37 feet to a cross tie
fence post for corner,
THENCE South 00 Degree 30 Mmnutes 00 Seconds West a
distance of 417 42 feet to a 1/2" mron rod found mn the
North lmne of said Foster Road,
WARRANTY DEED, Page 1
THENCE due West a distance of 417 37 feet to the PLACE OF
BEGINNING and containing in all 4 00 acres of land more
or less
Reservations from and exceptions to conveyance and warranty
This deed is executed and delivered subject to all easements,
reservations, conditions, covenants and restrictive covenants as
the same appear of record in the office of the County Clerk of the
county aforesaid It is also subject to any outstanding oil, gas
and other mineral interest owned by others of record in the Office
of the County Clerk of the county aforesaId
TO HAVE AND TO HOLD the above described premises, together
with all and s~ngular the rights and appurtenances thereto in
anywise belonging, unto the sa~d Grantee, its successors and
assigns forever, and I do hereby bind myself, my heirs, executors
and administrators to WARRANT AND FOREVER DEFEND all and singular
the said premises unto the said Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof
EXECUTED this 29th day of March, 1996
CHRISTINE USSERY ~
WARRANTY DEED, Page 2
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
This znstrument was acknowledged before me on the ~ day of
March, 1996, by CHRISTINE USSERY
Notary P~bllc,--State of Texas
Notary's Printed Name
My Commission Expires ~-- ( ~-
AFTER RECORDING RETURN TOt
City of Denton
215 E ~McKinney
Denton, Texas 76201
Attn: Rick Svhela
WARRANTY DEED, Page 3
Fzled fo~ Reco~d
DENTON COUHTY~ TX
HONORabLE T~H HODGES/COUNTY
CLERK
On Mm~ 89 1996
At 3:89pm
Boo/Hum : 96-R8881138
Doc/Tx~e : W~
Recocd~ng: 9.88
Doc/H~m~ : 6.88
Recezp~ ~: 9818
Deputy - C~SSY