1994-095E:\~P~OCS\ORD\~ILSON
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND ROBIN G. AND PATTY S. WILSON TO
PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute a
Real Estate Contract between the city of Denton and Robin G. and
Patty S. Wilson for the purchase of property, under the terms and
conditions contained in said agreement, which is attached hereto
and made a part hereof, and is authorized to execute any other
document which may be associated with the purchase of said
property.
SECTION II. That the City Council hereby authorized the
expenditure of funds in the amount of $258,309.00 for the purchase
of said property and any closing costs, including the cost of
property survey, as specified in the agreement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the of ,
BOB CASTLEBERRY, MAy ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between ROBIN G. AND PATTY
S. WILSON (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 ap-
proximately 2.114 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.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of TWO HUNDRED FIFTY-EIGHT THOUSAND THREE
HUNDRED NINE DOLLARS ($258,309.00).
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 subject to the satisfaction of each
of the following conditions any of which may be waived in whole or
in part by Purchaser at or prior to the closing.
1. preliminary Title Report. Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title Company (hereinafter defined) to issue a pre-
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, this con-
dition 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.
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows,
which representations and warranties shall be deemed made by Seller
to Purchaser also as of the closing date:
PAGE 2
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 authority.
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 indemnify and
hold the City of Denton harmless, and to defend the City of Denton
against and from all claims, costs, liabilities, expenses (includ-
ing 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 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 destruc-
tion 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.
PAGE 3
"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
Purchaser will honor existing lease agreement with Seller's
tenant through December 31, 1994, at $300.00 per month rental fee.
Prorated rental payment for the month in which closing takes place
will be remitted to the Purchaser. All future rental payments will
be directed to the Purchaser.
Seller will be allowed to occupy and utilize the brick home and
building through December 31, 1994, rent free.
Seller will be allowed to remove Solar System, front porch
swing, children's swing, windmill swing, satellite dish, microwave
oven, and any other personal property items mutually agreed upon by
the Purchaser and Seller.
CLOSING
The closing shall be held at the office of DENTEX Title
Company, Denton, Texas, on or before , or at such
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 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 here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Title Policy at
Seller's sole expense, issued by DENTEX Title Company,
PAGE 4
Denton, Texas, (the "Title Company") in Purchaser's favor
in the full amount of the purchase price, insuring Pur-
chaser's fee simple title to the Property subject only to
those title exceptions listed in Closing Requirements here-
of, 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 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.
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 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. Assiqnment of Aqreement. This Agreement may not be
assigned by Purchaser without the express written consent of
Seller.
2. Survival 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 mail, 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 ADDlv. 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. 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. Leqal 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 in-
validity, 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.
PAGE 6
7. Prior Aqreements 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 Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
DATED this I~ day of ~ , 1994.
SELLER
ROBIN G. WILSON
PURCHASER
THE CITY ~F DENTON,.TEXAS J
B~-LLCY~V. H~RRELL, Ci~ Manager
215 E. McKlnney street
Denton, Texas 76201
PAGE 7
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on ~- //-~ by ROBIN G. WILSON.
NOT; ~~~~e,T E XAS
~,,,
STATE OF TEXAS l[~ NOTA"Y PUBBO
COUNTY OF DENTON ~,~'~,,~ STATE OFTEXAS
This instrument was ackno ~~ ~-//- by ?ATTY S. WILSON.
xAs
~ ~ TONI C. HOWELL
This instrument is acknowl~on
by LLOYD V. ~RRELL, City Manager, of the city of Denton,
a municipal corporation, known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowl-
edged 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.
JENNIFER WALTERS, CITY SECRETARY
E: %WP~0CS~K~W ~ LSON. K
PAGE 8
· uunt~ ~f Denton
Th,' we. LOYD SMITH ~d wife. SmDLE SMITH.
12273
of the County of Denton. State of Tex~a. for ~nd in consideration
and other good and v~u~le eonaide~at~on
to US paid. and secured to be paid. by ROBIN GAYLE WILSON and wife. PATTI SHOUSE
WILSON. the receipt of which
sideration of the sum of $38. 250.00 advanced by Nor~ Tex~ Savings and Lo~
Association. of Denton. Texas. at the speci~ inst~ce ~d request of the Gr~toes
~d for ~eir special use and benefit an a p~t of the purchase prine for the herein-
~ter described property. ~e receipt of which is hereby acknowledged by the Gr~tor~
s~e being evidenced by one ceftin Vendor's Lien promissory note. of even date
herewith, executed by the Gr~tees, pay~lo to the order of s~d No~h Texas Savin~s
~d Lo~ Association. in the princip~ sum of $38,250.00, and bering interest from
date at the rate of 9.25% per a~um. princip~ ~d interest being pay~le in re~l~
monthly instal~ents of $327.65 each. the first instalment bein~ due and pay~le on
the let day of August, 1976, ~d one like inst~ent to,become due ~ pay~le on
the let day of each succeeding month there~ter until s~d note, princip~ and interest
is fully p~d, said note cont~ng the usu~ default ~d a~orney's fee clauses~ and
~e Grantees by the nccept~ce of ~i~ deed acknowledge the Vendor's Lien to exist
aganst the herainMter described property to secure ~e pa~ent of s~d note. ~d it
is expressly understood ~d agreed that s~d Nor~ Texas Savings ~d Lo~ Asso-
ciation, Denton, Texas. sh~l be ~d it is hereby subrogated to the s~e rights,
titles, liens, equities and remedies which the Grantors would have if s~d note were
pay~le direct to ~em; s~d note bein~ ~dition~ly ~ecured by a Deed of Trust.
ofeVen~edateholderherewith'~ereof;executed', by Gr~tees to W. D. Bu~rill; Tastee for ~e benefit
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said
ROBIN GAYLE WILSON and wife· PATTI SHOUSB WILSON.
of the County o{ Denton State of Texan. all those certain
· tracts or parcels of land situated in Denton County. Texan. described in two tracts
an follokvs:"
TRACT ONE:
ALL THAT CERTAIN tract or parcel of'land in Denton ~Sunt~:, Texan, and being a
part of a certain tract of land as conveyed by deed dated'August 30, 1957, from W. A
Coyle and wife, Ruth Coyle to ,T. W. Kellum, an shown of record in Volume 432.
P~e 467, Deed Records of Denton County, Texan, and being out of the Gideon
Walker Survey, Abstract 1330, and more particularly described an followm
BEGINNING at a point In the centerline of a North and 'South public road and in
the West Boundal;y Line of the Gideon Walker Survey, Abstract 1330, and at the
Southwest corner of the J. W. Kellum five acre tract; ,. .
THENCE North ~3 deg['ees 21 minutes 00 senonds'Ea~i along the West Boundary'~
Line of the J. V~o Kellum five acre tract,, 108.5 feetto a point for. She Northwest
corner of tract herein described; ; ' ..... "
THENCE South 88 degrees 09 minute';, 00 ~es~nd~ Eanti ~45. $ feet~ and parallel
with the South boundary line Of the J;'?~ Kellum five acre il, act, i0 '~ steel pin for
THENCE South 83 degrees 18 minutes 20 seconds East 171. 64 feet to a point for
corner in the East boundary line of the J. W. Kellum five acre tract;
THENCE South 03 degrees 21 minutes 00 seconds West along the East eoundary
line of the J. W. Kellum tract 93.92 feet to a steel pipe for the Southeast corner of
the J. W. Kellum five acre tract;
THENCE North 88 degrees 09 minutes 00 seconds West along the South boundary
line of the J. W. Kellum five acre tract, a distance of 518.3 feet to the point of
beginning, and containing 1.261 acres of land.
TRACT TWO:
ALL THAT CERTAIN tract or parcel of land in Denton County, Texas, and being a
part of a certain 42.5 acre tract of land an conveyed by deed dated January 10, 1953,
from N. A. Lowe and w/re, Bertha Lowe, to'W. A. Coyle and wife, Ruth Coyle,
as shown of record in Volume 385. Page l??, Deed Records of Denton County, Texas,
being out of the Gideon Walker Survey, Abstract 1320, and being more particularly
described as follows:
BEGINHING at a steel pipe for the Southeant corner of the J. W. Kellum five
acre tract;
THENCE North 03 degrees 21 minutes 00 seconds East along the East boundary
line of the J. Wo Kellum five acre tract, 93.62 feet to a point for corner;
THENCE South 83 degrees 18 minutes 20 seconds East 29.84 feet to a 4' x 4'
wood fence corner post;
TItENCE North 0'/ degrees 27 minutes 00 seconds Bast 23.05 feet to a steel pin
for corner;
TtIENCE South 89 degrees 09 minutes 00 seconds Bast and pa~allel with the South
~Boundary Line of the W. A. Coyle 42.5 acre tract 311. '/5 feet to a fence corner post;
THENCE South 03 degrees 21 minutes 00 seconds West 114.3 feet to a steel pin on
the North side of a railroad cross-tie post;
THENCE North 88 degrees 09 minutes 00 seconds West 343.19 feet to the Place of
Beginning, and containing 0.564 acres of land.
This conveyance and the warranties contained herein are subject to ail easements of
record, if any. and all restrictions, covenants, encumbrances, conditions and
reservations of record, if any. applicable to the herein conveyed property er amy
part thereof.
TO HAVE AND TO HOLD the above described premise~, together w/th'all'and singular the rights
and appurtenances thereto in anywise belonglng unto the said ROBIN GAYLE WILSON and wife,
PATTI SItOUSE WILSON, their . · .'
heirs and assigns forever and we do hereby bin~ ourselves, our
heirs, executors and administrators, to Warrant and Forever Defend, all and s!ngular the said premises
unto the ,aid [tOBIN GAYLE WILSON and wife, PATTI SHOUSE WILSON, their
heirs and assiglxs, against every person whomsoever law[idly ciaimlng~ or to claim the same, or any- part
But it is. expressly agreed and stipulated ,that .the Vendor's Lien is ret~iged agaln~t .the above
descr/bed property premises and improveme~ts,"unt/I the above described ~ote ! and all interest thereon'"
WITNESS our handS at Denton, Benton County, 'l~exas,
94-426N
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
That we, ROBIN GAYLE WILSON and wife, PATTI SHOUSE WILSON, of
the County of Denton and State of Texas, Grantors, for and in
consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and
other valuable consideration to the undersigned paid by the Grantee
herein named, the receipt of which is hereby acknowledged, have
GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL
AND CONVEY unto THE CITY OF DENTON, TEXAS, Grantee herein, of the
County of Denton and State of Texas, whose mailing address is 215
East MoKinney Street, Denton, TX 76201, all of the following
described real property in Denton County, Texas, to-wit:
Two tracts of land situated in the Gideon Walker Survey,
Abstract No. 1330, Denton County, Texas, fully described
in Exhibit "A" attached hereto and made a part hereof.
Reservations from and exceptions to conveyance and warranty~
This deed is executed and delivered subject to all easements,
reservations, conditions, covenants and restrictiv~ covenants as
the same appear of record in the office of the County Clerk of the
county aforesaid. It is also subject to any outstanding oil, gas
and other mineral interest owned by others of record in the Office
of the County Clerk of the county aforesaid.
TO HAVE AND TO HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging, unto the said Grantee, its successors and
WARRANTY DEED, Page 1
assigns forever; and we do hereby bind ourselves, our heirs,
executors and administrators to WARRANT AND FOREVER DEFEND all and
singular the said premises unto the said Grantee, its successors
and assigns, against every person whomsoever lawfully claiming or
to claim the same or any part thereof.
EXECUTED this 10th day of June, 1994.
ROBIN ~Y~E WILSON
PATTI SHOUSE WILSON
THE STATE OF TEXAS
COUNTY OF DENTON §
This instrument was acknowledged before me on the 10th day of
June, 1994, by ROBIN GAYLE WILSON and PATTI SHOUSE WILSON.
'1~ 'm~m~£'m"~$:~--~: Notary Pub::: State of Texas
AFTER RECORDING RETURN TO:
LLOYD V. HARRELL, CITY MANAGER
CITY OF DENTON
215 EAST McKINNEY STREET
DENTON, TX 76201
WARRANTY DEED, Page 2
EXHIBIT
TR ,~CT ONE:
ALL TIIAT CERTAIN tract or p~rcel of land in Denton Count),. Texan. and being
a part of a certain tract of land as conveyed by deed dated August 30. 1957. from
W. A. Coyle and w~e. Ruth Coyle to J. W. Kellum. ~ shown of ~eco~d In Volume 432.
P~e 467. Deed Records of Denton Count).. Texan. ~d being out of the Gideon Walke~
Sudsy. Abstract 1330. and more p~ticul~ly described an follows:
BEGINNING at n point In the centerline of n North and South public ro~ and In the
West Bound~ Line of the Gideon Walker Survey. Abstract 1330. and at the Southwest
corner of the J. W. Kellum five ~cre trnctl
THENCE NOrth 03 degrees 21 minutes 00 seconds E~t ~long thc West boundary
line of the J. W. Kellum five acre tract. 108.5 feet to a point for the Northwest
corner of t~nct herein described[
TII~NCE South 88 d~reen 09 minutes 00 seconds E~st 346.6 feet. and p~nllol
wi~ ~e South Boundar~ Line of the J. W. Kellum five acre tract, to n steel pin
~o~
TIIENCE ~uth 83 de~rees 18 minutes 20 seconds E~t 171.94 feet to n point fo~
co~ner in the East bound~y line of the J. W. Kellum five nc~e tract~
THENCE Bou~ 03.dn~r~en 21 minutes 00 ascends Went along the East bound~y
line of ~e J. W. Kellum tract 93.92 feet to n stoel pipe fo~ the Southeast co~ner of
· ~ J. W. Knllum five acre
T~ENCE North 88 de~e~n 00 minutes 00 ascends Went aloeE thc South ~ounda~y
Line of the J. W. Kellum five acre tract, n distance of 518.3 feet to the point of
beginning, ~nd eontnlnin~ 1.261 acres of land,
TRACT TWO:
ALL THAT CERTAIN tract or pa~el of land in Denton Count)'. Texan. ~d being a
p~ of n ce~ain 42.5 acre tract of l~d ~ co,eyed by deed dated Janu~y 10. 1953,
from N. A. Lows ~d wife. Be~h~ ~we, to W. A. Coyle ~d wife. Huth Coyle.
oh~n of record in Volume 385. Page ITT, Deed Records of Denton Count)., Texan.
~ heine o~ of the Gideon W~ke= S~v~, Abstract 1330, and bet~ mo~ p~ticul~ly
described ~ follows~
BEGINNING ~ · steal pt~ fo= ~e ~thn~t co=ne~ of the J. W. Kellum five ac~e
t~actJ
~ENCE No~ 03 dn~ens 21 minutes 00 secede E~t a~n~ ~ E~t boundary
.... ,- ' --' =-~ ~' ~e.~t: 93.92 feet ~ · ~int fo~ co=null
ll~e OZ ~l ~:'.w, .------.¥--,--- -. _ _ '; ....... .it 4n
~N~ N°~ q?deJreel 2.7 ~i~el ~o I~O~1 E.~ 23,05 feet to'a steel pin
foresters... . ' ' . ' '
_ ~ '. .,~=_,~.~ a ~le42.5~retr~3~.TOfeetzo
T~NC~ ~,03..degroea 21 ~autea.00 ,eco~a West 114.3 feet.tO a steel pin on
the ~o~ aido,of.a r~o~.c~e~-tle poeti
~NCE N°r~ 88,de~reee 09 ~f~e, 00.ascots Wo~ ~43J ~9 feet t'o the Place
of Beginning, ~d cont~ni~ 0.224 ~ree of
JUN 1 ~11994
Filed fo'r Ileco*r*d in:
DE~I'rON COUNT¥~ TX
HONORABLE 'l'II~ HOI)GES
/COU~,ITY CLERK
At 1:51P
Nu~be~: 94--R8847418
Type : WD 15.00