1995-209E:\~PDOCS\ORD\COE.O
ORDINANCE NO.. 5-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND HAROLD C. COE
FOR THE PURCHASE OF REAL PROPERTY; AUTHORIZING THE EXPENDITURE OF
FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That it approves the attached agreement between the
City of Denton and Harold C. Coe and authorizes the city Manager to
execute the agreement on behalf of the City.
SECTION II. That it authorizes the expenditure of funds in ac-
cordance with the terms of the agreement.
SECTION III. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the /~ day of ~~/~ ,
1995.
BOB CASTLEBERRY, MA~ ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Harold C. Coe
(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 containing approximately 29.612 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 property, including
any right, title and interest 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 "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 Price. The purchase price for the Property shall be the
sum of Two hundred two hundred, sixty five thousand dollars and no cents
($265,000.00).
2. Payment of Purchase Price. The full amount of the Purchase Price shall be
payable in cash at the closing. Closing will be on or before November 15, 1995.
PURCHASER' S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the transactions
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 preliminary 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 receives the Title Report that
the condition of title as set forth in the title binder is or is not satisfactory, and in
the event Purchaser 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, this condition shall be deemed to be
acceptable and any objection 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, 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 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 the event
Seller is 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 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. However in any event that
the sale is not completed, the cost of a survey will be borne by the Purchaser.
3. Seller's Compliance. Seller 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 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 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, litigation, or similar proceeding or assessment affecting the
Property, or any part thereof, nor to the best knowledge and belief of Seller is any
such proceeding or assessment by any governmental authority. Except for the
pending property tax actions presently pending in District court, Denton County.
3. Seller has complied with all applicable laws, ordinances, regulations,
statutes, rules and restrictions relating to the Property, or any part thereof.
4. (a) Seller represents that 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. If a certification inspection is necessary, Purchaser will
bear that expense.
(b) TO THE EXTENT ALLOWED BY LAW, 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 PERSONAL
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 DESTRUCTION 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 INDEMNIFY
AND HOLD THE CITY OF DENTON HARMLESS, AND TO DEFEND THE CITY OF
DENTON AGAINST AND FROM ALL CLAIMS, COSTS, LIABILITIES, EXPENSES
(INCLUDING 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 PERSONAL INJURY TO OR DEATH OF PERSONS
WHOMSOEVER (INCLUDING WITHOUT LIMITATION EMPLOYEES, AGENTS
OR CONTRACTORS OF SELLER, THE CITY OF DENTON OR ANY THIRD
PARTY) , OR CAUSING PROPERTY DAMAGE OR DESTRUCTION 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. IN THE EVENT THAT A CLAIM
ARISES WHICH IS COVERED BY THIS PROVISION, SELLER MAY AT HIS
ELECTION AVOID THE SALE.
"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.
CLOSING
The closing shall be held at the office of Dentex Title Company, Denton,
Texas, on or before November 15, 1995, 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
I. Seller's Requirements. 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,
assessments, 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 Purchaser's
Obligations hereof; and
3. Any exceptions approved by Purchaser in writing
4. Underground storage lease of Lone Star Gas and oil, gas and minerals
leases of record.
B. Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole
expense, issued by Dentex Title Company, 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 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:
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 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 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 in immediately available funds.
3. Closing Costs. Through the date of Closing, Purchaser shall only be
responsible for the payment of taxes assessed by the City of Denton and, Seller shall
pay all other taxes assessed by any other 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, save and except taxes so imposed by the City of
Denton, which taxes shall be paid by Purchaser.
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.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any of its obligations
hereunder or shall fail 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 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. Survival of Covenants. Any of the representations, warranties, 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 mail,
return receipt requested, addressed 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, and any litigation
hereunder shall be brought in the Court of competent jurisdiction exercising
jurisdiction over Denton County, Texas.
5. Parties Bound. This Agreement shall be binding upon and inure to the
benefit of the Parties and their respective heirs, executors, administrators, legal
representatives, successors and assigns where permitted by this Agreement.
6. Legal Construction. In case any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable
in any respect, said invalidity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if the invalid,
illegal, or unenforceable provision had never been contained herein.
7. Prior Agreements 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 Purchaser within five (5) days after Purchaser executes this
Agreement and delivers same to Seller, Purchaser shall have the right to terminate
this Agreement upon written notice to Seller,
DATED this __/__.~__ day of d~"~~ ......... 1995.
SELLER
Harold C. Coe
PURCHASER
THE CITY OF DENTON, TEXAS
LLOYD V. HARRELL, City M~'ager
215 E. McKinney Street
Denton, Texas 76201
STATE OF TEXAS r%,
COUNTY OF _~ .....
This instrument was acknowledged before me on ~j~,
PUBLIC Jla' AND F~4'~TEXAS
~/'ff~'-~X~. LINDA F. G~II~Z
~ .,/'~'(",,~b."~'.~ bi OT^ R Y P U I~ L I C
i! x:ztt'Tv., .. Comm.
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 ordinance of the City Council of the City of
Denton and that he executed the same as the act of the said City for purpose and
consideration therein expressed, and in the capacity therein stated.
NOTAR IN A FOR TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
~~~~ CITY ATTO~EY
EXHIBIT "A"
BEING all that certain lot, tract or parcel of land situated in the GIDEON WALKER
SURVEY, ABSTRACT NUMBER 1330 in the City and County of Denton, Texas,
being all that certain (called) 29.6159 acre tract of land described in Deed of Trust
from A. Ben Pinnell, Junior, Trustee, to First State Bank of Denton, recorded in
VOLUME 1902, PAGE 307, Real Property Records of Denton County, Texas; and
being more particularly described as follows:
BEGINNING at a nail and shiner found for corner in the West line of said survey
and in Mayhill Road, a public roadway, and in the south line of Treatment Plant
Road, a public Roadway having a Right-of-Way of 50.0 feet, said point being the
northwest corner of said 29.6159 acre Pinnell Tract;
THENCE South 88-0 49" East, pass at 34.57 feet a fence corner for east line of said
Mayhill Road, continuing a total distance with said south line of said Treatment
Plant Road along or near a fence line, 1108.41 feet to an iron rod found for corner,
said point being the northeast corner of said Pinnell Tract;
THENCE South 00-0 03' 19" East, 706,16 feet with a fence line to an iron rod found
for corner;
THENCE South 01-0 53' 43" East, pass at 1020.90 feet an iron rod found for corner
line of Fosters Road, a public roadway, a total distance of 1050.01 feet to a point for
corner in said road and in a Corporate City limit line for the City of Denton;
THENCE North 88° 02' 02' West, 482,76 feet with said Fosters Road and with said
City limit line to a point for corner;
THENCE North 02-0 14' 14" East, pass at 27.01 feet an iron rod found for said north
line of said Fosters Road, a total distance of 625.40 feet to a fence corner for corner;
THENCE North 87~ 46' 10" West, 77.08 feet with a fence to a fence corner for
corner;
THENCE North 02-0 53' 33" East, 421.87 feet with a fence corner to a fence corner for
corner;
THENCE North 87-0 49' 23" West, pass at 629.81 feet, a fence corner post for east line
of said Mayhill Road, a total distance of 663.11 feet to a point for corner in said
Mayhill Road and in said West line of said survey;
THENCE North 02-0 42' 50" East, 701.23 feet with said west line of said survey and
with said Mayhill Road to the PLACE OF BEGINNING AND CONTAINING 29.612
acres of land, more or less.
GF NI3MBER: 95101898 PAGE 1 OF 2
WARRANTY DEED
Date: November 15, 1995
Grantor: HAROLD C. C0E
Grantor's Mailing Address: 2221 E. GRAUWYLER #160
(including county) IRVING, TEXAS 76201
Grantee: CITY OF DENTON, TEXAS
Grantee's Mailing Address: 215 E. MCKINNEY STREET
(including county) DENTON, TEXAS 76201
Consideration:
For and in consideration of the sum of TEN Ai~D NO/100 DOLLARS ($10.00) and
other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged.
Property (including and improvements):
Being 29.612 acres out of the GIDEON WALKER SURVEY ABSTRACT # 1330, Denton
County, Texas, and being more particularly descibed on Exhibit "A" attached
hereto and made a part hereof for all purposes.
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made and accepted 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 in which the property is situated, to
the extent that the same apply to subject property and remain in effect.
Grantor, for the consideration and subject to the reservations from and
exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the
property, together with all and singular the rights and appurtenances thereto in
any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors,
administrators, successors, or assigns forever. Grantor binds Grantor and
Grantor's heirs, executors, adminstrators, and successors to warrant and forever
defend all and singular the property to Grantee and Grantee's heirs, executors,
administratiors, successors, and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the reservations
from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
HAROLD C. COE
PAGE 2 OF 2
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the 15~ay of November, 1995
by HAROLD C. COE.
ry P~b~ic, State of Texas
/',¢,"::,7~,~ D. JORGE URBINA ~
~ ~o~',~ NOTARY PUBLIC ~
~ ~,~ J/] STATE OF TEXAS ~
9 '%~I~-¢~~ M~ Gemm Exp. 06-2~-97 ~
After recording please return to:
CITY OF DENTON, TEXAS
215 E. MCKINNEY STREET
DENTON, TEXAS 76201
: 'Being,al! th&t'certlin lot, tract or parcel of land situated in the
:GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330 in the City and County
'of Denton, Texas, being all that certain (called) 29.6159 acre
tract-of land described In Deed of Trust from &. Ben Pinnsll,
Junior, Trustee, to First State Bank of Denton, recorded in
1902, PAGE 307, Rea! Property Records of Denton County, Texae~ and
being more particularly described as followsm
BEGINNING at a nail and shiner found for corner in the West line of ,,
said-survey and in Mayhill Road, a publl~ roadway, and in the South
line of Treatment Plant Road, & public Roadway having a nlgh~-oE-
~ay of 50.0 feet, said point bain9 the Northwest corner of said
29.61H9 acre Plnnell TractI
TBENCE South IS' 49' ~ast, pass ~t ~4.~? feet a fence corner for
Eas2 line of said Mayhlll Road, continuing a total distance with
said South line of said Treatment Plant Road alon9 or near a leBce
line, 1108.41 feet to an Iron rod found for corner, said point
bein9 the Northeast corner of said Plnnell Tract!
THENCE South 00' 03' 19' EaSt, ?06.~6 feet with & fence line to an
iron rod found'for corner~
THENCE South 0l' 53' 4~' ~ast, pass at 1020.~0 feet an Iron rod
found for corner line of Fosters Road, a public roadway, a total
distance of 1050.0l feet to a point for corner in said road ~nd in
a Corporate City Limit Line for the City of Dentonl
THENCE North ~8' 02' 02' west, 482.76 feet with said Fosters Road
and with said City..Llmit Line to a point for cornerl
THSNCE North 02' 14' ~4' East, pass a~ 27o01 feat an iron rod found
£or said North line of said' Fosters Road, a total distance of
$2~.40 feet to a fence corner for cornerl
THENC~ North 87' 46' ~0' ~est, 77.08 feet with a fence to a fence
corner for cornerl
TEn,CE North 02' 5~ ~3# Eaat, 421.87 feet with a ~ence'corner ~o a
fence corner £or cornefl '
THENC~ North 87' 49' 2~' West, ~ass at 62~.$1 feet, a fence corner
post for ~as~ line of said Mayhlll Road,.a total distnece of 66].11
feet to a point for corner In said Mayhill Road and in said
line of said eurveyl
THENCE North 02' 42' ~0' East, 701.2~ feet'with said ~est line of
said survey and with said Mayhill Road to the PI~WCE OF BEGINNINO
and CONTAIMINO 29.612 a~res o[ land, more or lees.
TttE 8TA'~'E OF'~EXAS 1
NOV .[ 5 ~995
Filed fo'r Reco'rd in:
HONORABLE TIM HODGES/COUNTY
At 4:03pm
Doo/Num : 95-R8878863
Doo/Type : WD
Reoo'~ding: 9.88
Reoeipt ~: 38888
Deputy - CASSY
TITLE RESOURCES
November 16, 1995
City of Denton
215 E. McKinney
Denton, Texas 76201
Attn: Lloyd V. Harre11, City Manager
Re: Our Ftle No: 95101898
Property: 1301S. MAYHILL ROAD, DENTON
Ne are pleased to enclose your O~ner's Title Policy Number 11058053 issued
in connection with the above referenced property.
Ne appreciate the opportunity to be of service to you and hope you will
remember us should you need assistance in selling the property insured by
the enclosed policy.
Very truly yours,
TITLE RESOURCES
Enclosure
1112 Dallas Dr. Suite #402 · Denton, Texas 76205 · 817-381-1006 or 214-434-2002 ,, Fax 817-898-0121
Title Resources Guaranty Company
OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
Policy Number: 11058053 File Number: 95101898
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST
AGREE WITH THE PREPRINTED NUMBER ON THE COVER
Policy Date: November 15, 1995 at 4:03 p.m.
Policy Amount: $265,000.00
1. Name of Insured:
CITY OF DENTON, TEXAS
2. The estate or interest in the land that is covered by this policy is:
F~,E S'TMpT,E
4. The land referred to in this policy is described as follows:
Being 29.612 acres out of the GIDEON WALKER SURVEY ABSTP~ACT # 1330, Denton
County, Texas, and being more particularly descibed on Exhibit "A" attached
hereto and made a part hereof for all purposes.
This Policy valid only if Insuring Provisions
Texas T-l, Texas Owner Policy
For Use in the State of Texas and Schedules A and B are attached. Revised January 1, 1993
E X ~ I ~ I T "A#
' Seing all th&t'cert~in lot, tract or parcel of lend situated In the
GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330 l~ the City and County
of Denton, Texas, being all that c,rtain (call,d) 29.6~59
tract' of land described In Deed of Trust from A. Ben P~nnell,
Jun~o~, Trustee, to First State Bank of ~nton, ~mco~ded In VOLUMZ
~902, PAGZ 3~7, Real P~o~rty Records of ~nton County, Texas~ and
being more particularly described as followN~
BEGINNING at a nail and shiner found fo~ corner ~ the West line
said survey and in Mayhtll Road, a publl6 roadway, and ~n the South
way of 50.0 feet, said point being the No~thwe~t corner of said
29.6~59 acrs Plnnell Tract;
THENCE South 88' 49" ~st, pas~ at 34.57 feet ~ fence corner for
East line of said Mayhlll Road, continuing a total distance with
said South line of said Treatment Plant Road along o~ near a fehce
line, ~08.4; feet to an iron rod found for co~ner, said ~lnt
being the Northeast co~ner of said Plnnell Tract;
THENCE South 00' 03' ~9" EaSt, 706.~6 feet with a fence l~ne to
iron rod found for corner;
THENCE South 01' 53' 43" East, pans at 1020.90 feet an iron rod
found for co~ne~ line of Fosters Road, a public roadway, ~ total
distance of ~050.0~ feet to a point fo~ co~n,r l~ said road ~nd In
a Corporats City Limit Line for the City of Dentonl
THENCE ~lorth 88' 02' 02' West, 482.7~ feet with said Fosters Road
and with said Clty..L~mit Line to a point fo~
TIlEllCE No~th 02' ~4' ~4" East, pass at 27.0~ feet a~ ~on rod found
fo~ .aid North line of said Foste~ Road, a total distance
625.40 feet to a fence corne~ for
THENCE North 87' 46' ~0" West, 77.08 feet with a fence to a fence
co~ner fo~
T}IENCE North 02e ~3~ 33" East, 421.87 feet with a feneg'corner to a
fence coEner loc corner~
THENCE North 87' 49' 23" West, ~ass at &29.81 feet, a fence corner
post loc East line of said Mayhlll Road,. a total d[stnace of 663.11
feet to a point for corner in said Mayhlll Road a~d In said West "'~
line of said survey~
THENCE North 02' 42' 50" East, 70~.~3 feet'w~th ss~d West line of
said sur~ey and with sa~d Mayhlll Road to the PLACE OF BEGINNING
and COntAINING 29.6~2 al:res of land, more or less.
COMPANY DOES NOI' INSURE TIIAT TIlE SQUARE FOOTAGE AND/OR
ACREAGE A/MOUNT SIIOWN ARE ACCURATE AND CORRECT.
Title Resources Guaranty Company
OWNER POLICY OF TITLE INSURANCE
SCHEDULE B
Policy Number: 11058053 File Number: 95101898
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST
AGREE WITH THE PREPRINTED NUMBER ON THE COVER
Policy Date: November 15, 1995
1. Intentionally Deleted.
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 survivorship rights, if any, of any spouse of any insured.
4. Any titles or rights asserted by anyone, including, but not hmited to, persons, the public, corporations, governments or
other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perinnial rivers and streams, lakes, bays, gulfs
or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, includeing riparian rights, or
e. to the area extending from the line of mean Iow tide to the line of vegetation, or the rights 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 1996 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 following matters and all terms of the documents creating or or offering evidence of the matters:
a.All visible and apparent easements or uses and all underground easements or
uses, the existence of which may arise by unrecorded grant or by use.
b. Rights of third parties, if any, with respect to any portion of the subject
property which lies within the boundaries of a public or private road.
c.Easement to TEXAS POWER A~D LIGHT COMPANY, filed July 23, 1945, recorded in
Volume 316, Page 4, Deed Records of Denton County, Texas.
d. Easement to TEXAS POWER AND LIGHT COMPANY, filed Februar~ 11, 1958, recorded
in Volume 435, Page 232, Deed Records of Denton County, Texas.
e. Easement to SINCLAIR-GULF PIPE LINE COMPANY, filed Februar~ 15, 1918,
recorded in Volume 158, Page 247, Deed Records of Denton County, Texas.
This Policy valid only if Insuring Provisions
Texas T-l, Texas Owner Policy
For Use in the State of Texas and Schedules A and B are attached. Revised January 1, 1995
Title Resources Guaranty Company
OWNER POLICY OF TITLE INSURANCE
SCHEDULE B (CONTINUED)
Policy Number: 11058053 File Number: 95101898
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST
AGREE WITH THE PREPRINTED NUMBER ON THE COVER
Policy Date: November 15, 1995
f. Easement to TEXAS POWER AND LIGHT COMPANY, filed February 7, 1950, recorded
in Volume 355, Page 519, Deed Records of Denton County, Texas.
g. Easement to TEXAS POWER AND LIGHT COMPANY, filed December 10, 1964, recorded
in Volume 516, Page 610, Deed Records of Denton County, Texas.
h. Easement to LONE STAR GAS COMPANY, filed July 21, 1970, recorded in Vol%une
605, Page 146, Deed Records of Denton County, Texas.
i. Easement to TEXAS POWER AND LIGHT COMPANY, filed April 21, 1967, recorded in
Volume 549, Page 661, Deed Records of Denton County, Texas.
j. Easement to TEXAS POWER AND LIGHT COMPANY, filed April 18, 1952, recorded in
Volume 372, Page 583, Deed Records of Denton County, Texas.
k. Easement to CITY OF DENTON, filed September 25, 1978, recorded in volume 914,
Page 522, Deed Records of Denton County, Texas.
1. Easement to CITY OF DENTON, filed March 2, 1982, recorded in Volume 1128,
Page 988, Deed Records of Denton County, Texas.
m. Undivided 1/4 interest in oil, Gas, and other Minerals described in
instrument filed July 3, 1941 recorded in Volume 290, Page 577, Deed Records
of Denton County, Texas.
n. Mineral Estate and Interest described in Instrument filed December 18, 1966
recorded in Volume 544, Page 660, Deed Records of Denton County, Texas.
o. Mineral Estate and Interest described in Instrument filed December 16, 1966
recorded in volume 544, Page 671, Deed Records of Denton County, Texas.
p. Mineral Estate and Interest described in Instrument filed May 10, 1967
recorded in Volume 550, Page 566, Deed Records of Denton County, Texas.
q. Mineral Estate and Interest described in Instrument filed February 18, 1965
recorded in Volume 519, Page 518, Deed Records of Denton County, Texas. As
Modified by Partition Agreement dated July 15, 1970, filed August 14, 1970,
and recorded in Volume 606, page 250, Deed Records of Denton County, Texas.
This Policy valid only if Insuring Provisions
Texas To1, Texas Owner Policy
For Use in the State of Texas and Schedules A and B are attached. Revised January 1, 1993
Title Resources Guaranty Company
OWNER POLICY OF TITLE INSURANCE
SCHEDULE B (CONTINUED)
Policy Number: 11058053 File Number: 95101898
THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST
AGREE WITH THE PREPRINTED NUMBER ON THE COVER
Policy Date: November 15, 1995
r. Terms, Provisions, and Conditions of lease dated November 7, 1966, between
LOTTA E. CALLAHAN and husband FELIX W. CALLA/{AN and LONE STAR GAS COMPANY, as
evidenced by short form or memorand%un of lease filed December 16, 1966
recorded in VolLu~e 545, Page 31, Deed Records of Denton County, Texas.
s. Terms, Provisions, and Conditions of lease dated November 7, 1966, between
LOTTA E. CALLAHAN and husband FELIX W. CALLAHAN and LONE STAR GAS COMPANY, as
evidenced by short form or memorandum of lease filed December 16, 1966
recorded in Vol%une 545, Page 35, Deed Records of Denton County, Texas.
t. Terms and conditions of TEXAS WATER RIGHTS ADJUDICATION dated October 29,
1981, filed August 4, 1983, recorded in Volume 1, Page 67, Texas Water
Rights Records Denton County, Texas.
This Policy valid only if Insuring Provisions
Texas %1, Texas Owner Policy
For Use in the State of Texas and Schedules A and B are attached. Revised January 1, 1993
OWNER POLICY OF TITLE INSURANCE
ISSUED BY
Title Resources Guaranty Company
11 058053
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED tN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, Title Resources Guaranty Company, a Texas
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage,
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:.
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material
having its inception on or before Date of Policy;
4. Lack of a right of access to and from the land;
5. Lack of good and indefeasible title.
The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
In Witness Whereof, Title Resources Guaranty Company has caused this policy to be signed and sealed by its duly
authorized officers as of Date of Policy shown in Schedule A.
RESOURGES OF Title Resources Guaranty Company
COUNTY, L.L
Sigr ~re ." President f
Secretary
EXCLUSIONS FROM COVERAGE
The following matters are expressty excluded from the coverage of 3 Defects, hens, encumbrances, adverse claims or other matters:
this policy and the Company w~ll not pay loss or damage, costs, (a) created, suffered, assumedoragreedtobytheinsuredcla~mant;
attorneys' fees or expenses which arise by reason of: (b) not known to the Company, not recorded in the public records at
1. (a) Any law, ordinance or governmental regulation {including but Date of Policy, but known to the insured claimant and not
not limited to building and zoning laws, ordinances, or disclosed in wnhng to the Company by the insured claimant
regulations) restricting, regulating, prohibiting or relating to prior to the date the insured claimant became an insured under
(i) the occupancy, use, or enjoyment of the land; this policy;
(ii) the character, dimensions or location of any improvement (c) resulting in no loss or damage to the insured claimant,
now or hereafter erected on the land; (d) attaching or created subsequent to Date of Policy;
(iff) a separation in ownership or a change in the dimensions or (e) resulting in loss or damage that would not have been sustained
area of the land or any parcel of which the land ~s or was a ~f the ~nsured claimant had paid value for the estate or interest
part; or insured by th~s policy.
(iv) environmental protection, or the effect of any wolahon of 4 The refusal of any person to purchase, lease or lend money on the
these laws, ordinances or governmental regulations, except estate or interest covered hereby in the land described m Schedule
to the extent that a notice of the enforcement thereof or a A because of unmarketabdity of the title.
notice of a defect, lien or encumbrance resulting from a 5. Anyclaim whichar~sesoutofthetransactionveshnginthe person
violahon or alleged violation affecting the land has been named in paragraph 3 of ScheduleAthe estate or Interestinsured by
recorded in the public records at Date of Pohcy. th~s policy, by reason of the operation of federal bankruptcy, state
(b) Any governmental police power not excluded by (a) above, insolvency, or other state or federal creditors' rights laws that is
except to the extent that a notice of the exercise thereof or a based on either (i) the transaction creating the estate or interest of
notice of a defect, lien or encumbrance resulting from a wolat~on the Insured by this Policy being deemed a fraudulent conveyance or
or alleged violation affecting the land has been recorded m the fraudulent transfer or a voidable distribution or voidable dividend, (ii)
pubhc records at Date of Policy. the subordination or recharacterization of the estate or interest
2. Rights of eminent domain unless not~ce of the exercise thereof has being insured by th~s Policy as a result of the applicahon of the
been recorded in the public records at Date of Pohcy, but not doctrine of equitable subordination or (iii) the transection creating
excluding from coverage any taking that has occurred prior to Date the estate or interest ~nsured by this Policy being deemed a
of Policy which would be b~nding on the rights of a purchaser for preferenbal transfer except where the preferential transfer results
value without knowledge, from the fadure of the Company or its issuing agent to timely file for
record the instrument of transfer to the Insured after delivery or the
failure of such recordation to impart not,ce to a purchaser for value
or a ludgment or lien creditor.
FORM T-l: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/1/1993
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Title Resources Guaranty Company
A TEXAS CORPORATION
FOR INFORMATION, OR
TO MAKE A COMPLAINT, CALL:
1-800-526-8018
Title Resources