1996-266E ~WPDOCS\ORD\PARK EXC
ORDINANCE NO
AN ORDINANCE MAKING FINDINGS CONSISTENT WITH SECTION 26 001 OF THE
PARKS AND WILDLIFE CODE, INCLUDING THE FINDING THAT THERE IS NO
FEASIBLE AND PRUDENT ALTERNATIVE TO THE USE OR TAKING OF 13 06
ACRES IN ABSTRACT 616 AND 1007 OUT OF SOUTH LAKES PARK IN THE CITY
AND COUNTY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A
CONVEYANCE OF THIS 13 06 ACRES OF UNDEVELOPED CITY PARK LAND TO THE
DENTON INDEPENDENT SCHOOL DISTRICT IN EXCHANGE FOR A 5 105 ACRE
TRACT OF LAND NEAR EVERS PARK IN ABSTRACT 186 IN THE CITY AND
COUNTY OF DENTON, TEXAS TO BE USED FOR PARK PURPOSES, MAKING
CERTAIN OTHER FINDINGS, MAKING THIS ORDINANCE CUMULATIVE OF OTHER
ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS
CLAUSE, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Denton Independent School District ("DISD") needs
13 06 acres out of South Lakes Park to construct a new middle
school and related improvements, and
WHEREAS, the City is willing to exchange the 13 06 acres
abstract 616 and 1007 for approximately 5 105 acres in abstract 186
near Evers Park, belonging to DISD, with both properties being
within the City and County of Denton, Texas, and
WHEREAS, an independent appraisal has determined that the
13 06 acre tract has the same fair market value as the 5 105 acre
tract, and
WHEREAS, since both the City and the DISD are governmental
entities having the power of eminent domain, there is no require-
ment for an election to be held prior to the exchange, sub]ect to
Tex Loc Gov't Code ~253 001(b), nor is there a requirement for
competitive sealed bidding, in accordance with Tex Loc Gov't Code
§272 001, and
WHEREAS, the 13 06 acres was purchased with funds from the
Land and Water Conservation Fund of the Texas Local Parks, Recrea-
tion, and Open Spaces Fund, requiring that notice be publIshed and
a public hearing be held regarding this project prior to the actual
consummation of same, in accordance with Chapter 26 of the Parks
and Wildlife Code, and
WHEREAS, by Resolution No R96-059, passed by the City Council
on October 18, 1996, the City Council called a public hearing and
provided notice of said hearing, all in accordance with Chapter 26
of the Parks and wildlife Code, for the purpose of receiving public
comments concerning whether the City should exchange the 13 06
acres out of South Lakes Park for the 5 105 acres near Evers Park
owned by the DISD, and
WHEREAS, on November 5, 1996, a public hearing in compliance
with §26 002 of the Parks and Wildlife Code was held in the City
Council Chambers, and public comment was received, and
WHEREAS, the city Council now wishes to make findings
consistent with §26.001 of the Parks and Wildlife Code and to
authorize the Mayor to execute a conveyance of the 13.06 acres for
the 5.105 acre tract; and
WHEREAS, both the DISD and the Clty, in accordance with a
Joint Use Agreement which the parties entered into on December 20,
1983, propose to ]ointly use the 13 06 acres for both school and
park and recreational purposes; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES.
~ That the findings in the recitations set out in
the preambles to this ordinance are true and correct, and that they
are hereby adopted by the Clty Council and made a part of this
ordinance for all purposes.
~ That after a public hearing and comment by the
public, in accordance with Chapter 26 of the Parks and Wildlife
Code, the city Council finds that there is no feasible and prudent
alternative to the use and taking of the 13 06 acres out of South
Lakes Park, in abstract 616 and 1007 within the City and County of
Denton, Texas, and more fully described In Exhibit "A", attached
hereto and made a part of this ordinance as if written word for
word herein, for construction of a new middle school and related
improvements and that the program or project includes all reason-
able planning to minimize harm to the land as a park, recreation
area, scientific area, wildlife refuge, or storage site, resulting
from the use or taking.
S CT O~. That the Mayor, or in his absence, the Mayor Pro
Tem, is hereby authorized and directed to execute a Conveyance and
Real Estate Contract and all other documents necessary to consum-
mate this transaction, after approval as to form by the City
Attorney, of property consisting of 13.06 acres, more or less, out
of abstract 616 and 1007 out of South Lakes Park, as more specifi-
cally described in Exhibit "A", conveying this property to the DISD
in exchange for 5.105 acres, more or less, out of abstract 186 near
Evers Park in the city and County of Denton, as more specifically
described in Exhibit "B" attached hereto and made a part of this
ordinance as if written word for word herein. This Real Estate
Contract shall be substantially in the form of the attached
contract which is made a part of th~s ordinance as if written word
for word herein.
~ This ordinance shall be cumulative of all the
provisions of the ordinances and of the Code of Ordinances of the
City of Denton, Texas, as amended, except where the provisions of
this ordinance are In direct conflict with such ordinances and such
Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
Page 2
SECTION V It is hereby declared to be the intention of the
C~ty Council that the sections, paragraphs, sentences, clauses, and
phrases of in this ordinance are severable and, if any phrase,
clause, sentence, paragraph, or section of th~s ordinance shall be
declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentence, paragraphs,
and sections of this ordinance, s~nce the same would have been
enacted by the C~ty Council without the incorporation in th~s
ordinance of any such unconstitutional phrase, clause, sentence,
paragraph, or section
SECTION VI That this ordinance shall become effective
~mmed~ately upon its passage and approval
PASSED AND APPROVED this the /~ day of ~. , 1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTO~EY
Page 3
REAL ESTATE CONTRACT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS CONTRACT OF SALE is made by and between the City of
Denton, Texas, a Texas municipal corporation (hereinafter referred
to as "Seller") and the Denton Independent School D~strlct, an
· ndependent school d~strlct and a pol~tlcal subdivision of the
State of 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 containing ap-
proximately 13 06 acres, more or less, of land s~tuated in the S C
Hlrams Survey abstract number 616 and the C Poull~er Survey
abstract number 1007 in the City and County of Denton, Texas, being
more particularly described ~n Exhibit "A" attached hereto and
· ncorporated here~n by reference for all purposes together w~th all
and singular the r~ghts and appurtenances pertaining to the
property, ~ncludlng any r~ght, title and ~nterest of Seller in and
to adjacent streets, alleys or rights-of-way (all of such real
property, rights, and appurtenances being hereinafter referred to
as the "13 06 acres"), together with any improvements, fixtures,
and personal property situated on and attached to th~s property,
for the consideration and upon and subject to the terms, pro-
visions, and conditions hereinafter set forth
PURCHASE PRICE
1 Consideration of Purchase Price In exchange for the
13 06 acres to be conveyed by Seller above, Purchaser sells and
agrees to convey and Seller hereby purchases and agrees to pay for,
by the exchange of the 13 06 acres to Seller, the tract of land
containing approximately 5 105 acres, more or less, in the B B B
and C R R company Survey abstract number 186, s~tuated in Denton
County, Texas, being more particularly described in Exhibit "B"
attached hereto and incorporated here~n by reference for all
purposes together with all and singular the rights and appurtenanc-
es pertaining to the property, zncludlng any right, title and
interest of Purchaser in and to ad3acent streets, alleys or rights-
of-way (all of such real property, r~ghts, and appurtenances being
hereinafter referred to as the "5 105 acres"), together w~th any
improvements, fixtures, and personal property situated on and at-
tached to this property, for the consideration and upon and subject
to the terms, provisions, and conditions hereinafter set forth
2 Exchanae of Properties The properties shall be exchanged
at the closing in full satisfaction of the Seller's and Purchaser's
purchase price
PARTIES' OBLIGATIONS
The obligations of parties 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
~n part by the other party 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 ~ssue a pre-
llmlnary title report (the "Title Report") on the 13 06 acres of
land, and the Purchaser shall, at Purchaser's sole cost and
expense, shall have caused the Title Company (hereinafter defined)
to issue a title report (the "Title Report") on the 5 105 acres of
land The Title Reports shall be accompanied by copies of all
recorded documents relating to easements, rights-of-way, etc ,
affecting the properties Purchaser and Seller shall give each
other written notice on or before the expiration of ten (10) days
after Purchaser and Seller receive the respective Title Reports
that the condition of titles as set forth in the title b~nders are
or are not satisfactory, and ~n the event Purchaser or Seller
states the condition is not satisfactory, the Purchaser or Seller
shall, at Purchaser or Seller's option, promptly undertake to
el~mlnate or modify all unacceptable matters to the reasonable
satisfaction of the other party In the event Purchaser or 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, otherwise, this condition shall be deemed to be accept-
able and any ob3ectlon thereto shall be deemed to have been waived
for all purposes
2 Survey Upon written request by e~ther party delivered to
the other party contemporaneously with the first party's delivery
of an executed original of this Agreement, the other party shall
within twenty (20) days from the date thereof, at that party's sole
cost and expense, deliver to the other party a current survey of
the respective property, prepared by a duly l~censed Texas land
surveyor acceptable to the other party The survey shall be staked
on the ground, and shall show the location of all ~mprovements,
highways, streets, roads, railroads, r~vers, creeks, or other water
courses, fences, easements, and rights-of-way on or adjacent to the
Property, ~f any, and shall contain the surveyor's certification
that there are no encroachments on the Property and shall set forth
the nur~ber of total acres comprising the Property, together with a
metes and bounds description thereof
The parties will have ten (10) days after receipt of the
survey to review and approve the survey In the event either
survey is unacceptable, the party making objections to the survey
shall within the ten (10) day period, give the other party written
not~ce of this fact The party receiving the objections shall, at
that party's option, promptly undertake to eliminate or modify the
Page 2
unacceptable portions of the survey to the reasonable satisfaction
of the other party In the event the party satisfying the
ob]ect~on to the survey ~s unable to do so w~th~n ten (10) days
after receipt of written not~ce, the other party may terminate this
Agreement, and the Agreement shall thereupon be null and void for
all purposes and the Escrow Deposit, if any, shall be returned by
the Title Company to the other party E~ther party's failure to
g~ve the other th~s written notice shall be deemed to be the other
party's acceptance of the survey
3 Part~es' Compliance The part~es shall have performed,
observed, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by e~ther party prior to or as of the closing
REPRESENTATIONS AND WARRANTIES OF SELLER AND PURCHASER
Seller and Purchaser hereby represent and warrant to each
other, as to the respective 13 06 acres to be conveyed by Seller
and the 5 105 acres to be conveyed by Purchaser as follows, which
representations and warrant~es shall be deemed made by the parties
also as of the closing date
1 The Seller holds good marketable t~tle to the 13 06 acres
and the Purchaser holds good marketable t~tle to the 5 105 acres,
2 There are no parties ~n possessIon of any port,on of the
Property as lessees, tenants at sufferance, or trespassers,
3 Except for the prior actions of the parties, there is no
pending or threatened condemnation or s~m~lar proceeding or asses-
sment affectlng the respective properties, or any part thereof, nor
to the best knowledge and belief of the part~es is any such pro-
ceeding or assessment contemplated by any governmental authority,
4 The parties have complied w~th all applicable laws,
ordinances, regulations, statues, rules and restrictions relating
to the respective properties, or any part thereof
5 There are no toxic or hazardous wastes or materials on or
within the respective properties Such toxic or hazardous wastes
or materials lnclude, but are not limited to, hazardous materials
or wastes as same are defined by the Resource Conservation and
Recovery Act (RCTA), as amended, and the Comprehensive Environmen-
tal Response Compensation and L~ablllty Act (CERCLA), as amended
In the event any such toxic or hazardous wastes or materials are
found upon the respective properties, Seller shall be responsible
for the expense of removal of these wastes or materials on the
13 06 acres and Purchaser shall be responsible for the expense and
removal of these wastes or materials on the 5 105 acres upon
receipt of wrltten notice of the presence of these wastes or
materials, or the party ~n receipt of sa~d not~ce may terminate
Page 3
this Agreement and return same to the party sending the notzce
CLOSING
The closing shall be held at the office of Dentex Title
Company, 300 North Elm, Denton, Texas, on or before January 3,
1997, Texas, or at such time, date, and place as Seller and
Purchaser may mutually agree upon (which date is herein referred to
as the "closzng date")
CLOSING REQUIREMENTS
1 Seller's and Purchaser's Reaulrements At the closing
Seller shall, with respect to the 13 06 acres and Purchaser shall,
with respect to the 5 105 acres do the following
A Delzver to each other a duly executed and acknowl-
edged Special Warranty Deed conveying good and marketable
title in fee sample to the respective properties, free and
clear of any and all liens, encumbrances, condItions, ease-
ments, assessments, and restrictions, except for the follow-
1 General real estate taxes for the
year of closing and subsequent years not yet
due and payable,
2 Any exceptions approved by the other
party, subject to the other party's obliga-
tions hereof, and
3 Any exceptions approved by either
party in writing
4 Purchaser's instrument of conveyance
will contain the required restrictive cove-
nants prohibiting racial discrimination as set
forth in United states v Texas, Civil Order
No 5281 (E D Tex , August 9 and 15, 1973)
B Deliver to each other a Texas Owner's Tatle Polacy at
that party's sole expense, respectively on the 13 06 acre
tract by Seller and the 5 105 acre tract by Purchaser issued
by Dentex Title Company, (the "Title Company") an the other
party's favor an the full amount of the purchase price,
insuring the other party's fee simple title to the Property
subject only to those title exceptions listed in Closlnq
Reaulrements hereof, such other exceptions as may be approved
in writing by the partaes, and the standard printed exceptions
contaIned in the usual form of Texas Owner's Tatle Policy,
provided, however
Page 4
1 The boundary and survey exceptions
shall be deleted if required by either party
and if so required, the costs associated with
same shall be borne by the other party,
2 The exception as to restrictive
covenants shall be endorsed "None of Record",
3 The exception as to the lien for
taxes shall be limited to the year of closing
and shall be endorsed "Not Yet Due and Pay-
able", and
4 The exception as to liens encumbering
the Property shall be endorsed "None of Re-
cord"
C Seller shall deliver to Purchaser possession of the
13 06 acre tract, and Purchaser shall deliver to Seller
possession of the 5 105 acre tract
2 Purchaser's and Seller's RequIrements Purchaser and
Seller shall exchange the 13 06 acres for the 5 105 acres at
Closing
3 Closln~ Costs. Through the date of Closing, Purchaser
shall be only responsible for the payment of taxes and other
assessments, if any, through the date of Closing on the 5 105 acre
tract and Seller shall be responsible for the payment of taxes and
other assessments, if any, through the date of Closing on the 13 06
acre tract Any taxes imposed, assessed or arising because of a
change of use of the 13 06 acre tract after closing by the parties
shall be the responsibility of the Purchaser and on the 5 105 acre
tract shall be the responsibility of the Seller In particular,
the Seller shall not be responsible for roll back tax liability to
any tax jurisdiction resulting from Purchaser changing use of the
property from agricultural uses to non-agricultural uses on the
13 06 acre tract, and Purchaser shall not be responsible for roll
back tax llab~llty to any tax jurisdiction resulting from Seller
changlng use of the property from agricultural uses to non-
agricultural uses on the 5 105 acre tract
All other costs and expenses of closing ~n consummating the
sale and purchase of the Property not specifically allocated here~n
shall be equally shared by Purchaser and Seller
REAL ESTATE COMMISSION
All real estate commissions, if any, occasioned by the
consummation of this Agreement shall be the sole responsibility of
the parties who incurred that obligation, and each party agrees to
· ndemnlfy and hold harmless, to the extent allowed by law, the
Page 5
other party from any and all claims for these commissions
BREACH
In the event Seller or Purchaser shall fall to fully and
timely perform any of its obligations hereunder or shall fall to
consummate the sale of the Property except in the event of the
other party's default, e~ther party may either enforce specific
performance of this AGreement or terminate this AGreement
MISCELLANEOUS
1 Asslanment of Aareement This AGreement may not be
assigned by either party without the express written consent of the
other party
2 Survival of Covenants Any of the representations,
warranties, covenants, and agreements of the part~es, as well as
any rights and benefits of the part~es, pertaln~nG to a period of
t~me 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 mall,
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 Apply 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 in
Denton County, Texas
5 Parties Bound Th~s AGreement shall be b~nd~nG upon and
inure to the benefit of the part~es and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this AGreement
6 LegaI Conetructlon In case any one or more of the pro-
vlslons contained in thls AGreement shall for any reason be held to
be invalid, ~lleGal, or unenforceable in any respect, sa~d ~nvalld-
lty, llleGallty, or unenforceablllty shall not affect any other
provlslon hereof, and this AGreement shall be construed as if the
invalid, illegal, or unenforceable provision had never been
contained herein
7 Prior Aqreements 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 parties
respecting the w~thln sub3ect matter
8 Tame of Essence Time ~s of the essence in this AGree-
PaGe 6
ment
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 e~ther party,
both part~es 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 L~cense Act, Purchaser is hereby advised that ~t
should be furnlshed w~th or obtain a policy of title ~nsurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own select~on
12 T~me Limit In the event a fully executed copy of th~s
Agreement has not been executed and returned to Seller within
thirty (30) days after Seller executes th~s Agreement and delivers
same to Purchaser, Seller shall have the right to terminate this
Agreement upon written not~ce to Purchaser
DATED th~s /~ day of ~ , 19~__
SELLER
CITY OF DENTON, TEXAS
215 East McK~nney
Denton, Texas 76201
BY JA~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
DENTON INDEPENDENT SCHOOL
DISTRICT
Page 7
APPROVED AS TO LEGAL FORM
RICHARD D }{AYES, ATTORNEY
FOR DENTON INDEPENDENT
SCHOOL DISTRICT
STATE OF TEXAS
COUNTY OF DENTON
T~i_~ instrument is acknowledged before me, the on the /0 7{
day of 7'/~9~c~_.3 , 1996, by Jack Miller, Mayor of the City
of Dent'on, 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 said City
of Denton, Texas, a municipal corporation, that he was duly
authorized to perform the same by appropriate resolution of the
C~ty Council of the City of Denton and that he executed the same as
the act of the said City for purpose and consideration there~n
expressed, and in the capacity therein stated
NOTAR~ PUBLIC IN AND ~R TEXAS
STATE OF TEXAS
COUNTY OF DENTON
This instrument KS acknowledged before me, the on the
day of , 1996, by , Chairman of
the School Board, known to me to be the person and officer whose
name Ks subscribed to the foregoing Instrument and acknowledged to
me that the same was the act of the said DISD, that he was duly
authorized to perform the same by appropriate resolution of the
DISD School Board and that he executed the same as the act of the
said DISD for purpose and consideration there~n expressed, and ~n
the capacity therein stated
NOTARY PUBLIC IN AND FOR TEXAS
Page 9
EXHIBIT "A"
COLEMAN & ASSOC. SURVEYIING
P.O Box 686 0 Denton, Texas 76202-0686 0 (817) 565-8215
TRACT 1, 13.060 J~S
FXBLD IIOTB8 to &11 that carteAn ~zaek of 1~ st~ked An ~ S. c Ht~8
S~ey ~strao~ ~r 616 ~d ~b C. Poulltez S~ey ~s~ra~ H~er 1007,
CIty o~ Den~, Du~ C~, Te~o ~d berg · p~ of ~he called 200.3008
acre ~rae~ ~scr~od ~ ~b ~ed fr~ ~ Fearn1 Depos~ ~s~ce
~o ~ CA~M of Dent~ re~d ~n Vol~ 32S?, ~age 071 o~ ~ Real Pr~er~
Records of D~ C~, Tms~ ~b o~ec~ ~ac~ ~ ~re par~i~l~ly
~scr~ed as fo11~s.
BEG~X~ for ~he ~g~ comer o~ ~ ~rac~ bei~ ~scF~ed ~Eeln, a~ a
1/2 ln~h AEon rod f~d near a fenice co.er
~he 8aAd City of Den~ ~a~ ~d ~he Sou~g~ co.er of ~ 1, Bloc~ C of ~he
TeasleM hll S~dlvAoAon as s~ ~ ~he pla~ ~hereo~ recor~d in C~ine~
Page 8 of ~b Pla~ Records of Den~
~CB MoF~h 89 De~oes SS MAnures 51 Set.ds Eas~ ~h ~b N~h lane o~ ~he
CA~M of Denton ~ra~ nd ~b S~h lane of Block
fee~ North of a 1/2 inch Ar~ r~ f~d a~ ~ Sou~as~ co.cF ~breo~ ~ ~he
~es~ rlgh~ o~ ~y of ~as~ Drlve ~ c~inui~ a~roao Jas~ ~lve ~d ~h ~he
Sou~h l~e of Block A, An axx, u a nce of 8s .42 fee~
Ar~ r~ ge~ for ~he ~heag~ ~o~er of ~ ~reAn
· ~ S~h 00 De~f 04 ~u~eo 09 Set.ds
a 1/2 ~*h Ar~ r~
~CB S~h 90 De~ees SS ~u~es S0 Se~ ~eg~ a dAs~n~e of 8S2.02 ~ee~ ~o
a 1/2 Anch 1r~ r~ se~ ~ ~b We8~ lane of ~b CA~ of Den~ ~ac~ ~d ~e
ho~ l~e of ~b called 100.00 aero ~ac~ ~scF~ed An
C~any Fe~d tn VOl~ 3127, Page 930 o~
Den~ C~y,
w~dCE No~h 00 D~ees 01 MAnures 2S Sec~ds Wos~ wi~ ~he We8~ lane ot ~he
Cl~M of Den~ ~ac~ a dAl~ce ot 667.18 fee~
encloaAng X3 060 acres of land.
24
S 105
FIIg~D~ ~ ~0 ~ll tMt ~rtein tract o~ l~ ~lt~t~ in the B B B ·
~ rM ~M ~t the ~rt~t corer o~ the ~l~ tr~ ~n t~ ~th line
tract ~lcrl~ ~n t~ ~ to ~nt~ ZMe~t S~I D~tr~ct re~d~
Volu~ 1140 ~qe 234 of tM said ~ R~or~, e~id ~int ~inq the
~o~ner o~ t~ tract ~ecr~d ~n the ~ to t~ C~ty of ~nt~ ~e~r~d
Vol~ 1196 P~e 44~ o~ the ea~d ~
li~ o; t~ ~l~ tract a di.te~ o~ 57~ 79 feet to a pk nail f~ at a fence
corer on t~ .orth ;~t-of-~ay of .xMsor ~i~ as descried Ln the deed
the C~ty of ~nton re~ ~n Vol~ 1236 ea~ 745 of the ea~d ~ed
~Cg ~ete;1y vith t~ ~;th l~ne of Htndsor Drive along · ~;ve to t~ left
~oee radxu. ~a 538 30 ~eet eith an arc l~th of 285 21 feet (c~rd
Horth 86 Degrees 4~ H~nutee 56 Seconds ~st a distance o~ 281 88 [set) ~ the
e~ off said curve,
T~HCE ~uth 77 ~grees 48 H~te. 35 ~conde Heet ~lth ~he ~rt~ line of the
sa~d r~d a d~.tance o~ 39 56 [eet to the ~th~et Corner of the T;ip~ trac~
the East rxght-o~-~ay of ~ers Parkway as de.~i~ In the deed to the City
~nt~ ;ecord~ In Vol~ 1~66 Page 22 of t~ .a~d ~ Records,
1} ~r~ 12 ~gr~s O? W~te. 18 Sec~e ~et a distance of 143 20 feet
~ ~ iron f~
2) ~rth~eeterly alo~ the arc of a ~e to ~he left having a radius of
652 69 f~t an arc length of 148 61 feet (chord ~aring North 18
~re~ 12 ~x~tes 2~ S~ ~st a dista~e of 148 42 feet),
3) ~rth 23 ~1 Il ~inutes 55 S~ ~st a dx~tance of 75 68 Eeet ~o
· n iron r~
4) ~r~h~esterly a~o~ ~he a~c of a ~r~ ~ the left hav~ a radius
242 ~1 feet an arc leith of 98 55 feet (c~rd beerL~ Hor~h 11 ~gr~s
~ Hlnutes 45 Se~n~ ~t a dLsta~e of 97 ~7 feet),
5)North 00 ~rees 04 N~nutes 31 Sects Eas~ a d~stance of 124 56
~o t~e S~h~es~ corner of ~ DISD ~rac~,
~ENCE Sou~h 89 ~grees 56 Minutes 50 Seco~ East with the South line of the
DISD ~act a distance of 448 52 feec to the P~CE OF BEGINNING and enclosing
5 ~05 acres of
slh
]d58/96111
OWNER POLICY OF TITLE INSURANCE
Issued by
468822
Alamo Title Insurance
of Texas
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINEDilN SCHEDULE S AND, THE CONDITIONS AND STIPULATIONS, ALAMO TITLE INSURANCE OF
TEXAS, a Te, Y,a~ ~)rporatlon~hereth'oalled~the Compariy, Insures, as of Date of Policy shown in Schedule A,
against loss 9r damage, no~t exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by
the insured b~, reaeoh of
I Title Io the estate or interest de~rtbed in Schedule A being vested other than as stated therein,
2 Any ~lefe~t In or lien or encumbrance on the t~tle,
3 Any ~tatuto~y or (x)nstltutlorlel mechanic's, centrector's, or materialman'a lien for labor or material having
its In~eptlon on or before Date of policy,
4 Lack of a right pf access to,and from the lend,
5 Lack[of good and Indef~eaql?le tit~ ,
The cp~pany also will,pay ~the po~, attorneys' fees and expenses incurred In defense of the title, as
Insured, pUtenly to the extent provided In the Conditions and Stipulations
ALAMO TITLE INSURANCE OF TEXAS
/
Secretary ~ ~ President
FORM T 1 Owner Policy of Title Insurance Effective January 1 1993
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and ti~e Company will not pay loss or darr~age costs atiomeys fees or expenses that arise by reason of
1 (a) my law ordinance or governmental regelat~on (~nclud~ng bul riot I~m~ted to building and zoning laws ordinances or regulations) rest¢~Ctlng regulating prohibiting or relating
to (i) the occupancy use or enjoyment of ~he {and (111 ~he character dimensions or location of any improvement now or hereafter erected on the land (ill) a separation in
owner6hlp or e change *n the d~menslons or area of the land or any parcel of which the land IS or was a part or (~v) environmental protection or the effect of any violation of
these laws ordinances or governmental regulations except to the extent that a iloflce Of [he enforcement Iharaof or a floflCe of a defect lien or encumbrance resulting from
(a) created suffered assumedoragrsedtobythe~nsuredcla~mant
(d) aftach~ng or created subsequeflt to Date of Pchcy
CONDITIONS AND 811PULATION$
OEFINmO~ OF TEflM~
The follo~no ter~ wh~ U~d in this policy mean
(a) 'ir~ui'ed I~e"--'tnsured nam~ ~n Schedule A and subject to any rights or defenses the c~mpany Would have had against Ihs named maured Iho~e who ~Jcceed to the
[Iqulda~on
liquldal~on
R-03 Property Cats.. L
1000= 1169.00 County Code~ 121
O~IER POLICY OF TITLE INSURANCE
SCHEDULE A
GF No.= 96-19581{1
Policy No . 468822 Issued with Policy No.
Amount of Insurance= $122~ 528.00
Premiu~ $1~169.00
Date of Policy= January 15~ 1997 at 2=49 P. ~
1 Na~e of I~mured~
CITY OF DENTON
2 The estate or interest in the land that Es covered by this policy is= Fee Simple
3. Title to the estate or interest in the land is insured as vested im
CITY OF DENTON
4. The land referred to in this policy is described as follows=
All that certain tract of land bein~ situated in the B. S.B. & C.~ Company Survey,
Abstract No. 186, City of Dento~ Denton County~ Texas, an~ heine more particularly
described in Exhibit "~ attached hereto an~ made a part hereof.
Dentex Title Company
Alamo Title Insurance of Texas Authorize~-Countersi~-
FO~ T-1. O~er Policy-Sched~e A Effective Jan~ry 1, 1993
~x'LBIT
5 L05 ACRES
F~ELD NOTES tO all that certain tract o~ land situated in the B.B B & C R R.
r~mpany Survey Abstract Number 186, Denton County, Texas, and being all of the
tract deqcribed in the deed from Jac~ Bell Construction Company :o Bob E Tripp
et al rero:ded in Vo2ume 308S. PaDs 253 of the Deed Records of Denton County,
Texas, the subject tract being more p~rticularly described as ~ollo~S-
BEGINNING lot the Northeast corner of the tract being described hereLn at an
iron rod found at the Northeast coiner o~ the Tripp tract in the South line of a
rzact deqrribed in the deed to Denton Independent School District recorded
VolLime~ 1140, Page 234 Of the said Deed Records, said point being the Northwest
corner of the tract described l~ the deed to the City of Denton recorded in
Volutes 11~6. Page 442 of the said Deed Recorda~
THENCE South 00 Degrees 16 Minute~ 03 Seconds Nest along a fence ~ith the East
line o£ the ~ripp tract a distance of $77.?~ feet to a pk nail found at a fence
corner on the North right-of-way o£ Nindsor Drive as described in the deed to
the City of Denton recorded in V~lume 1236, Page 745 of the said Deed Recorda~
TBENCE ~esterl¥ ,~th the North line of Nindsor Drive along a curve to the left
vhose radius ia 538.30 £eet ~ith a~ arc length of 285 21 feet [chord ~eartng
North 86 Degreee 4~ ~lnutea 5~ Seconds Nest a distance of 281,88 feet1 to the
end of said curvet-
T}IENCB South 77 Degrees 48 Minutes 35 Seconds Nest eith the North line of the
se~d road a distance o£ 39 56 feet to the Southwest corner of the Trlpp tract in
the East right-o~-ea¥ o~ ~vers Park~a¥ as described tn the deed to t~e City
Denton recorded in Volu~e Il6&, Page 22 of the said Deed RecOrds~
T~E~ICE Northerly the following 5 calls=
I) North 12 Degrees 07 Minutes 18 Seconds ~est a d~atance of 143 20 feet
to an lrbn rod found~
Northwesterly along the arc o~ a ctLrve to the left having a radius of
852 &9 feet an arc length of 148 61 fee~ (chord bearing North
Degrees 12 Minu~ea 21 Seconds we~t a distance of 148 42 feetl,
3! North 23 Degrees 1! Minutes ~$ Seconds West a distance o~ 75.68 feet to
an iron rod found.
4) Northwesterly along the arc of a curve to the right hav~ng a radius
242 61 feet an arc length of ~8 SS feet (chord bearing North 11 Degrees
33 M~nutes 45 Seconds ~est a distance of
~) North 00 Degree~ 0a Minute~ 31 Seconds East a d~stance of 124 56 feet
to nhe Southwest cor~er of the DISD tract~
T~FNrE South 8~ Degrees 55 Minutes 56 Seconds East ~ith :he South l:ne of the
DZSD ~ra~t a distance of 448 S2 feet to the Pid~CE OF BEGINNING and enclosing
5 I05 acres of land, HOl~OR LESS ....................................
O~NER POLICY OF TITLE INSUI~NCE
SCHEDULE B
G.F. No.~ 96-1958R1
Policy No.~ 468822
EXCEPTIONS FROM COVERAGE
TBis Policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) =hat ~rise by reason of the =erms and conditions of the
leases or easements insured, if any, shown in Schedule A and the following matters:
1. The followin~ restrictive covenants of record intemized below (the Company must
either insert specific recording data or delete this exception)~
CLERK' S FILE NO. 97-R0005055, Real Property Records of Denton County, Texas. (Deleting
therefrom any restrictions indicating any preference, limitation, or discrimination
based on race, color, religion, se~ handicap, familial status, or national origin)
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any
encroachments or protrtmions, or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any
insured.
Any titles or rights asse=ted 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, bays, gulfs or oceans, or
b to lands beyond the line of the harbor or bulkhead lines aa established or
changed by any government, or
c. to filled-in lands, or artificial islands, or
d to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean Iow tide to the line of
vegetatio~ or the right of access to that area or easement along and across
that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 1997 and
subsequent years, and subsequen= taxes and assessments by any taxing authority for
prior years due to change in land usage or ownership.
The following matters and all terms of the documents creating or offering evidence of
the matters (We must insert matters or delete this exceptio~:
a Eights of parties in possession under unrecorded documents
b. Easement granted to TEXAS POWER & LIGHT COMPANY from ~ F. EVERS, by instrument
filed AUGUST 16, 1932 and recorded in Volume 240, Page 32?, DEED Records, Denton
County, Texa,
c Easement granted to TEXAS POWER & LIGHT COMPANY from CLARENCE ~ TRIPP ET UX,
by instrument filed JUNE 11, 1956 and recorded in Volume 422, Page 244, DEED
Records, Denton County, Texas
d Easement granted to TEXAS POWER & LIGHT COMPANY from CLARENCE ~ TRIPP ET UL
by instrument filed AUGUST 8, 1956 and recorded in Volume 424, Page 63, DEED
Records, Denton County, Texas.
Alamo Title Insurance of Texas
Form T-1. Owner Policy-Schedule B Effective January 1, 1993
G F. No.. 96-1958R1 CONTINUATION OF SCHEDULE B
Policy No.. 468822
e Easement Branted to CITY OF DENTON from BOB E. TRIPP ET AL, by i~tr,,"~nt
filed DECE~EE 21, 1982 and recorded in Volume 1182, Page ?l&, DEED Records,
Denton County~ Texas.
f. Liability not assumed by reason of location of £anoes as shown on survey dated
September 19, 1996, prepared by W~ ~ Colema~ RPLS ~4001.
Alamo Title Insurance of Texas
Form T-I Owner Policy-$chedule B Effective January 1, 1993
CONDITIONS AND STIPULATIONS Continued
4 DEFENSE AND PRO$ECUTION OF ACTIONS DUTY OF INSURED CLAIMANT TO COOPERATE
5 PROOF OF LO~ OR DAMAGE
In addition to ~ ai~er th~ r~tlO~ r~qu~d uflder Si]~[on 3 o~ ~ Cold,ions and S~pulat[on~ have been provided Ole C,o~oany a proof of Io~ ~ d~mage Ii~gn~d and sworn
~hall state to the ex'~t PO~ble tf~ bas~s of calculating he amount of the imm or d~nage If the Compamy is prejudiced by the falk~re o~ the ir~urad ~lalmilN Io provide the
copy all reeord~ book8 ledgem chack~ correspondence and memoranda in the custody or cent~ of a third party ~ mae, mlabiy pekin to the k~e or damage All
Company under this p~llcy as to that clam
(a) ?o PaY et ?mdm' Raym~t ~ the Amoum of Inm~m~ee.
,. ;~_ .~ ,_?~7~,,~ ..~,,,~..,.~..,.~w,m,; ww~.~e oreortam~eanyfltigatlon afldthepolieyeharbesormndemdththeComlm yf r~l tol~l
w~ ~P~qu~qe~A~e~r~eW~tF`tht~&~rh~r~1antfle~p~a~With~heth~redC~m~m __n_ o
t ~ to pay~or oft~nv~ae set~e with other parl~ f~ or In Ihe ~me o an Insured daimafl~ any claim insured ago#mt under Ihls po~-'y toget~ vath any ooet~, affomeys
by ~he f~sured c~alman~ wh~ were aulflo~zed by lhe Company up to the {~me ol payment and wh~ the Company ~ ~l~gated to pay
UPOn the e~arc~'e bylhe Compaily ol o~,'~er of the o{)tmn$ provided for in paragraphs (~ () or ( ) the CompanY'S ol~lgatlone ~o the insured ur<let ~hls policy for the ~a m,~d io~s
or da .mage, otheI than f~e paymmlto required to be made ~hafi to~ nato ncludlng any liability o~ obhgahon to defend pmsecuto or conltnue any I~gatlon
7 D~TERMINATIOI~, SXTEI~'OF LIABILITY AND COINSURANCE
mal~om ,'rmumd against by this p~.y and oely to the ex~en~ herren de~lbed
11 It le ~.eldy~ thttt the amount of Ineurende under thle poIW/eheJI be mc~cecl by any amount the COmpany may pay u~ any Pelk~Y 10~4,~g a .n~tgage t~.whkth
tbe w~ta o~ Int~ clewll~ or rdemKI to Iff ~edule A end the af~uof eo paid ehall be denmacl a ~ayment under thin pol~/~o the hta~red ~er
'~ PAYMffNTOF
(a) NO pay?~l Ihall ~e macle witbeut pWng thle ~iny fer endoMmbet of the poYmant enlss~ ~e POf)GYhco been ~t ~ deofmye¢, In whffih (~M I~mof of k)~ ~
de~ chaff be fu~ th the edtl~ of the Con',l~hy
(b) ly and the extant of loss ~ damage hen been d~nltdiy fixed ffi ac~co~denco whh theco Gendldons end 8tipu~aito~s, the m er derange ofmlf be paYe~ whhin w
W~ If olelmenL
neco~ 13if~t the C<m~my Wired to
If k3~e t a ofated abeue that ant chall cot ueld this belisY, b~t the CO~ny, th that event,~ehofl be requ~ th PaY o~
~o)
~t non Ihaured obllgom shall exlof end shall Ir~ude without limltatlo~ the d~hte of the insured to il~,emntffco, guaranties other
· or ben~ cotw~ndthg any tam,.s er conditions contained th those ffietn.~nents that provide for ed)rogeden dghts by macon o~ thio pofisy
14 AIqBITRAT10~L
Unisml prch[~otted by appitca~e law or u~leco th.~ archraiten uechco ia betatod by sp~ pi'ovision in Gcbeduis 6 of this polisy either the cernpeny or the b~sured may demand
eroftm Ion pu_r~ent to the Title I~umnco Att31trstion Rule~ of the Amerffien Arbitration AMCOIStio~ Arbitrable matters may include ~t are not limited to and.co.raw.my or c?im
between the C.~ny and the ~nsurecl aheit~g out of or rutof~ng to thin pblffiy any co.ice of the Company ~ concocffi~ w~th Its Issuecoe ~ the breach o a PO~'y to~0~slen er errmr
obitgaifen All ~ mattem when the Amount of tnsuta~ is $1,000 000 or less 8HALL BE arbitrated at the request of either the Company or the Insured, unless the insured
~ en thdheduof person (an d~tioguiched from a corporation trust portherchip ae~lo~ or other legal e~tlty) All a~rabta mabe~s when ff~e Amount of Insumnco is in exce~e of
$1 0OO.OOO chaff be a~trated onty when agreed to by both the Company and the Insured Arbitratio~ pumuent to this policy and under the Rules in effect co the date the ~
c~J~ Imving jutlKlioflof~ th, erenf
A copy of tha R¥iss may be obtained Irom the Company upon reduest
provision of this policy this policy chait be construed as a whole
aasentng such claim, chall be reblitc~ed to tffia policy
(c) No amandment of er endorsement to this policy cen be made except by a writing endorsed he,eon or abeched hereto sigced by etiher the prenident a Vk:e presibent the
Senrstar/ and Aeffintant ~6enretar/or vattdetl~l officer or authoitzed signstery of the Company
16 SEVEP. AnlLITY
remain in toll toma and effect
COMPLAH4T NOTlClt
8hould Imy dispute ad# abeut your premium ec about a ofalm that you have flisd, contact the agent or v,'dte to tbe ear. any tbet ideuecl me. po41ey
nM iNMW(I, you M rely write tbe Tenen W of Inenmnco, P O Box 14~el, luedn, TX 7~71,1-9~1, Fen No ($1Z) 4T~1T/1 Thll notJco o? Wallffi IX'mmOUrl a