1994-196AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT
PROVIDING FOR THE EXCHANGE OF CERTAIN REAL ESTATE OWNED BY THE
CITY OF DENTON AND TOM FOUTS; AND PROVIDING FOR AN EFFECTIVE
DATE ·
WHEREAS, the City of Denton, in accordance with the
requirements of TEX. LOC. GOV'T CODE ANN. §272.001 (Vernon 1988),
has advertised that for the exchange of a certain tract of real
property for another tract of real property located adjacent to
the intersection of Spencer and Ruddell Roads; and
WHEREAS, the City Manager having recommended to the City
Council that the said exchange of land be approved; and
WHEREAS, in accordance with Sec. 12.04 of the City Charter,
the Council hereby finds that the property described above is not
essential to continued effective utility service; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council of the city of Denton,
Texas, approves the contract between the City of Denton and Tom
Fouts providing for the exchange of real property described in
the contract, a copy of which is attached hereto as Exhibit "A"
and incorporated by reference herein.
SECTION II. That the city Council hereby authorizes the
Mayor and City Manager to execute any and all documents necessary
to consummate the exchange of real property in accordance with
the contract, and the expenditure of funds incidental to said
exchange.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
1994.
BOB CASTLEBERRY, MAYO~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED A~TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
PAGE 2
EXCHANGE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS EXCHANGE CONTRACT (hereinafter "Contract") is made as ~
the effective date by and between -~¢~n~o ~1+~.~/~.
(hereinafter referred to as "Purchaser") and CITY OF DE~ITON, TEXAs,
a home rule municipality, of Denton, Denton County, Texas,
(hereinafter referred to as "City"), upon the terms and conditions
set forth herein.
EXCH3~NGE AGREEMENT
WHEREAS, Purchaser owns that certain tract of land situated in
Denton County, Texas, and being more particularly described in
Exhibit A ("Tract A") attached hereto and incorporated herein for
all purposes; and
WHEREAS, City owns that certain tract of land situated in
Denton County, Texas and being more particularly described in
Exhibit B ("Tract B") attached hereto and incorporated herein for
all purposes; and
WHEREAS, Purchaser wishes to acquire Tract B; and
WHEREAS, City is willing to convey Tract B upon the terms and
conditions contained herein;
NOW, THEREFORE, for and in consideration of the sum of Ten and
no/100 Dollars ($10.00) in cash to each paid in hand by the other,
the receipt and'sufficiency of which is hereby acknowledged and
confessed, and of the mutual agreements contained herein, Purchaser
and City hereby agree as follows:
1. Exchance AGreement
Upon the terms and conditions contained herein, Purchaser
agrees to convey Tract Alto City, and City agrees to convey
Tract B to'Purchaser.
2. No Creation of Additional Encumbrances by Affirmative ~
Actions.
A. Between the effective date and the closing date,
Purchaser agrees that Purchaser will not through affirma-
tive actions taken after the effective date create any
additional encumbrance affecting Tract A without the
express prior written consent of City. City agrees that
City will not withhold consent to a proposed additional
encumbrance affecting Tract A if such proposed additional
encumbrance has no material, adverse effect upon the value,
development, or use of Tract A. If Purchaser through
affirmative actions taken after the effective date does
create any additional encumbrance affecting Tract A without
the express prior written consent of City, Purchaser shall
be required to remove any such additional encumbrance at
Purchaser's sole cost and expense prior to or at the
Closing.
B. Between the effective date and the closing date, City
agrees that City will not through affirmative actions taken
after the effective date create any additional encumbrance
affecting Tract B without the express prior written consent
of Purchaser. Purchaser agrees that Purchaser will not
withhold consent to a proposed additional encumbrance
affecting Tract B if such proposed additional encumbrance
has no material, adverse effect upon value, development, or
use of Tract B. If City through affirmative actions taken
after the effective date does create any additional
encumbrance affecting Tract B without the express prior
written consent of Purchaser, City shall be required to
remove any such additional encumbrance at City's sole cost
and expense prior to or at the time of Closing.
The closing shall be held at the office of Southwest ~qle
Company, Denton, Texas, on or before ~a¥~%L~ %9~99q ,~or
at such time, date, and place as City and Purchaser may
mutually-.agree upon (which date is herein referred to as
the "closing date").
4. Delivery of Deeds. Easement Aqreement and Possession.
A. At the Closing, Purchaser shall: (i) execute, acknowl-
edge and deliver to City a General Warranty Deed conveying
Tract A to City (the ',Purchaser Deed"); (ii) deliver
possession of Tract A to City; and (iii) pay City Dollars
in cash.
PAGE 2
B. At the Closing, City shall: (i) execute, acknowledge,
and deliver to Purchaser a Special Warranty Deed conveying
Tract ~ to Purchaser (the "City Deed"); and (ii) deliver
possession of Tract B to Purchaser.
C. At the Closing, Purchaser and City shall execute,
acknowledge, and deliver, each to the other, that certain
Easement Agreement (herein so called) whereby Purchaser
grants to City an easement over and across land owned by
Purchaser, such easement to be for the benefit of Tract A.
5. Property Tax Liability.
A. Purchaser hereby Agrees that Purchaser will pay all
1994 property taxes levied or assessed against Tract A.
B. The provisions of this paragraph 5 shall survive the
Closing and the delivery of the Purchaser Deed and the City
Deed.
A. Purchaser will pay the filing fees for the City Deed,
and City will pay the filing fees for the Purchaser Deed.
B. If Purchaser desires to obtain a title insurance policy
covering Tract B, Purchaser shall pay the premium therefor.
If City wishes to obtain a title insurance policy covering
Tract A, City shall pay the premium therefor. If only one
party desires such title insurance, that party may select
the title company. If both parties desire title insurance,
then it is agreed that the title insurance company shall be
Southwest Title Company.
C. If there are any closing costs not allocated to
Purchaser or City herein, such closing costs shall be paid
by the party incurring same.
7. Inspection of Property.
A. For a period of thirty (30) days after the effective
date, Purchaser agrees to allow City to enter upon Tract A
for the purpose of inspecting the same, and for the purpose
of conducting such environmental tests, feasibility
studies, and other tests or studies the City deems advis-
able. If City, in City's sole discretion, is not satisfied
with such inspections, tests or studies, City may ter~inate
this Contract by giving written notice of termination to
Purchaser on or before thirty (30) days after the effective
date. In the event City terminates this Contract pursuant
to this paragraph 7, City agrees to restore Tract A
substantially to its condition prior to City's entry.
PAGE 3
B. For a period of thirty (30) days after the effective
date, City agrees to allow Purchaser to enter upon Tract B
for the purpose of inspecting the same. If Purchaser, in
Purchaser's sole discretion, is not satisfied with such
inspections, Purchaser may terminate this Contract by
giving written notice of termination to City on or before
thirty (30) days after the effective date. In the event
Purchaser terminates this Contract pursuant to this
paragraph 7, Purchaser agrees to restore Tract A substan-
tially to its condition prior to Purchaser's entry.
8. Representations and Warranties.
A. Purchaser represents there are no toxic or hazardous
wastes or materials on or within Tract A. 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.
B. With respect to Tract A, the City of Denton assumes the
risk of and agrees to indemnify and hold Purchaser harm-
less, and to defend Purchaser 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, Purchaser 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 Purchaser, or
property in its or their care, cusDody, or control, and
third party property), arising out of acts, omissions or
events occurring after Closing.
C. With respect to Tract A, Purchaser 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 Environ-
mental Problems, latent or obvious, discovered or undiscov-
ered, 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 Purchaser or the
PAGE 4
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.
D. With respect to Tract B, the Purchaser assumes the risk
of and agrees to indemnify and hold Purchaser harmless, and
to defend Purchaser 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, Purchaser 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 Purchaser, or property in its or
their care, custody, or control, and third party property),
arising out of acts, omissions or events occurring after
Closing.
E. With respect to Tract B, t~e City of Denton 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 Environ-
mental Problems, latent or obvious, discovered or undiscov-
ered, in the real and chattel property to be conveyed
hereunder, c~using 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 Purchaser or the
City of Denton, or property in its or their care, custody,
or control, and third party property), arising out of acts,
omissions or events occurring before Closing.
,,Environmental Problems" means any cause or action under
the federal Comprehensive Environmental Response Compensa-
tion 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.
A. Within fifteen (15) days after the effective date, City
agrees to furnish to Purchaser, and if necessary, Purchas-
PAGE 5
er's Title Company, written evidence of the authority of
the party(s) executing this Contract on behalf of the City.
City agrees to furnish to Purchaser, and if necessary,
Purchaser's Title Company, at or prior to the Closing
written evidence of the authority of the party(s) executing
the City Deed on behalf of the City.
B. Within fifteen (15) days after the effective date,
Purchaser agrees to furnish to City, and if necessary,
City's Title Company, written evidence of the authority of
the party(s) executing this Contract on behalf of Purchas-
er. Purchaser agrees to furnish to City, and if necessary,
City's Title Company, at or prior to the Closing written
evidence of the authority of the party(s) executing the
Purchaser Deed on behalf Purchaser. ,
10. No Commissions.
Purchaser and City warrant and represent to each other that
no real estate brokers', agents', or finders' fees or
commissions are due arising in connection with the exchange
of Tract A for Tract B, from the execution of this Contract
or from the consummation of the transactions contemplated
herein, and each party hereto hereby agrees to indemnify
and hold the other party harmless from claims made by any
person for any such fees, commissions or like compensation
claiming to have dealt with the party so inderanifying the
other.
PAGE 6
il. Remedies.
If Purchaser breaches any of the agreements of Purchaser
contained in this Contract and such breach is not cured
within fifteen (15) days after City has delivered written
notice thereof to Purchaser, City at City's election may
either terminate this Contact; or seek all other remedies
set forth in this Contract or available at law, in equity,
or by statute, including specific performance; provided,
however, if Purchaser is unable to deliver title to Tract
A free and clear of any encumbrances, City's only remedy
shall be termination of this Contract unless the encum-
brance in question is an encumbrance created after the
effective date by the affirmative actions of Purchaser to
which City did not consent in writing, in which event City
shall be entitled to exercise all of the remedies set forth
hereinabove.
If City breaches any of the agreements of City contained in
this Contract and such breach is not cured within fifteen
(15) days after Purchaser has delivered written notice
thereof to City, Purchaser at Purchaser's election may
either terminate this Contract; or seek all remedies set
forth in this Contract or available at law, in equity or by
statute, including specific performance; provided, however,
if City is unable to deliver title to Tract B free and
clear of any encumbrances, Purchaser's only remedy shall be
termination of this Contract unless the encumbrance in
question is an encumbrance created after the effective date
by the affirmative actions of City to which Purchaser did
not consent in writing, in which event Purchaser shall be
entitled to exercise all of the remedies set forth herein-
above.
12. A t rne 's Fees.
Should either party to this Contract commence legal
proceedings against the other to enforce the terms and
provisions of this Contract, the party losing in such legal
proceedings shall pay the attorney's fees and expenses of
the party prevailing in such legal proceedings.
13. Time of E sence.
Time is important to both Purchaser and City in the
performance of this Contract and they have agreed that
strict compliance is required as to any date set forth
herein. If the final date of any period which is set forth
in any term or provision of this Contract falls upon a
Saturday, Sunday, or legal holiday under the laws of the
United States or the State of Texas, then, and in such
event, the time of such period shall be extended to the
next day which is not a Saturday, Sunday, or legal holiday.
PAGE ?
14. Notices. ..
Any notice required or desired to be given to either party
hereto shall be deemed to be delivered (i) on the date of
delivery, if hand delivered, (ii) one (1) day after
sending, if sent by overnight courier, or (iii) if sent by
mail, the day the same is posted in a U.S. mail receptacle,
postage prepaid, certified mail, return receipt requested,
to the address of the applicable party set out above such
party's signature hereinbelow. Either party hereto may
change such party's address for notice, but until written
notice of such change of address is actually received by
the other party, the last address of such party designated
for notice shall remain such party's address for notice.
15. Seve~.
If any term or provision of this Contract is held to be
illegal, invalid, or unenforceable, the legality, validity,
and enforceability of the remaining terms and provisions of
this Contract shall not be affected thereby, and in lieu of
each such illegal, invalid, or unenforceable term or
provision there shall be added automatically to this
Contract a legal, valid, and enforceable term or provision
as similar as possible to the term or provision declared
illegal, invalid, or enforceable.
16. Waiver.
Either Purchaser or City shall have the right to waive any
requirement contained in this Contract, which is intended
for the waiving party's benefit, but, except as otherwise
specifically provided herein, such waiver shall be effect-
ive only if in writing executed by the party for whose
benefit such requirement is intended.
17. Cumulative Riqhts and Remedies%
Except as specifically limited herein, no right or remedy
set forth in this Contract is intended to be exclusive of
any other right or remedy set forth in this Contract or by
law provided, but each shall be cumulative and in addition
to every other right or remedy set forth in this Contract
or now or hereafter existing at law or in equity or by
statue.
The captions used in connection with the articles and
sections of this Contract are for convenience only and
shall not be deemed to expand or limit the meaning of the
language of this Contract.
PAGE 8
19. Use of Lanquage.
Words of any gender used in this Contract shall be held and
construed to include any other gender, and words in the
singular shall be held to include the plural, unless the
context otherwise requires.
20. Exhibits.
All exhibits, attachments, annexed instruments, and addenda
referred to herein shall be considered a part hereof for
all purposes with the same force and effect as if copied
verbatim wherever reference is made to same.
21. No representations or Warranties.
Except for the special warranty of title contained in the
City Deed, Purchaser hereby acknowledges that City has not
made any representations or warranties to Purchaser with
respect to the suitability of Tract B for any intended use,
the condition of Tract B (including soil and sub-soil
conditions), the appreciation or income potential of Tract
B, the zoning of Tract B, the platting of Tract B, avail-
ability of utilities to Tract B, access to Tract B,
requirements in connection with any development of Tract B,
or any other matter whatsoever. Purchaser further acknowl-
edges and agrees that Purchaser has investigated all
matters of concern to Purchaser with respect to Tract B
prior to the effective date and that Purchaser is not
relying on any representation or warranty from the City
with respect to such matters except for the special
warranty of title contained in the City Deed.
22. Entire A reem nt.
This Contract embodies the enti~e agreement between
Purchaser and City with respect to the subject matter
hereof and supersedes all prior agreements whether written
or oral.
23. Amn__~9_~.
Except as otherwise specifically provided herein, this
Contract may not be amended, varied, or terminated except
by an agreement in writing executed by both Purchaser and
City.
Except as otherwise provided herein, this Contract shall be
binding upon and inure to the benefit of Purchaser and City
and their respective successors and assigns.
PAGE 9
25. Effective Date.
The effective date of this Contract shall be the latest
date either party signs this Contract.
EXECUTED by Purchaser and City as of the effective date.
PURCHASER: CITY:
CITY OF DENTON
Address: Address: 215 E. McKin~ey
Denton, Texas 76201
By: By: ~S ~'/*~;~
Title: ~9~R
Title:
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on
by
NOTARY PUBLIC IN AND FOR TEXAS
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on ~-~
8[~)~) N0mUPubl~.Stal, 01T,x,s ~ NOT~ 9CBLIC IN AND FOR TEXAS
STATE OF TEXAS
COUNTY OF DENTON
Thi~ instrument is acknowledged before me, the
/ ~g~ by LLOYD V. HARRELL, Cmty Manager, of the City of Denton,'
PAGE 10
a municipal corporation, known to me to be the person and officer
whose name is subscribed to the foregoin~ 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. ~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
A~OVED~AS TO LEGAL FORM:
DEBP~A A. DRAYOVITCH, CITY ATTORNEY
BY:
PAGE 11
EF.7(10-91)
GF# 94F 354010
WAIVER OF INSPECTION
Procedural Rule P-3 of the Basic Manual of Rules, Rates, and Forms
for the writing of title ~nsurance in the State of Texas allows the Title Company
to make a general exception in insuring forms as to "Rights of Parties in
Possession on condition that the Insured executes a written instrument waiv,ng
an mspection of the property to be insured.
Pursuant thereto, the undersigned waives ~nspection of the property
being insured by title insurance in the above file and further states that the
undersigned is satisfied to accept t.he policy subject to such general exception.
EXECUTED this !°~tb day of October , 199 4 .
CITY OF DENTON. TEXAS ·
B ~lo~d ~. H~rre~ Citv/ M~nager
5'05 Castl-eberry, May/r~
F~31TBZT
og ~nton, reoo~e~ ~n C~lne~ G, ~age 346 o~ the ~la~ R~d~ o~ ~n~on
coun~y~ T~S ~ more p~/~l~ly aG~C~b~d ~ ~o11~a~
C0~ a~ the ~r~hwen= ~o~= o~
line of .al~ ~ 1~ Block 1, a dll~e Of ~0.27 ~ee~ ~o ~he POI~ OF
~E SOU~ 57 degrees 16 ~nutls 37 secede ~t, conbinuin~ &long said
~R 9ou~h' O deg=ee~ 08 BSnu~ef 00 ~econ~s Za.~, alo~ ~ e~.~ bou~
continuing ~ paas~ng t~ eou~ ~gh~-o~-W~ o~ Norse RO~, g~e being the
north~.C aorne~ o~ said LoC 2, Bl~k 2, c~t~nuing ~ ~long the east
to a ~lnt ~or a co~er~ ~i~ ~Ant ~ing a G&XAea~ co~e= o~ s~Ad ~t 1,
Bl~k 2, sai~ DOAU~ also being =he easterly
descri~ in vol~e 3~4, Page 775, ~eal p~o~ ~eao~s, ~nton Co~t~,
~ Ror~ 0 deg~al 36 mA~el ~0 Iaeom~~ Eas~, alon~ the welt bOUnd~
line o~ ~&~ ~ X~ Bl~k 2, I~ ~ing ~ east ~ line o~ .~d tract
~elcrtb~ An vol~ 212&r ~age ~T5 R.P.~.D,C.T., palling ~t 918.55 ~eet the
no~hweS~ oo~= o~ aai~ ~C L, Bl~k
wos~ bo~ 1~ o~ s&L~ ~
~ lane o~ ffa~ ~ ~ Blo0k 1, a d~l~e of 35.55 feeC ~o cho plies of
begi~n{ug ~ aont~ning 27.7488 ~0 of 1~ ~e or 1aaa.
EXHIBIT "A" SOLO PAGE
I!?i: ~4238, 1-35 NOrth
!i:" Denton, Taxes 76207-3408
' (817) 382-4016
~ "! Fax (817) 387-9784
.p E,D NOTES
SUEVEYORS, ING. T CT,
' 1,114 ACRES
BEING all that certain lot, tract, or parcel of land sib.l~ :ed~ in the Mary L. Austin
.... ' .: i, int~,h Texas, being a part
Survey Abstract Number 4, in' the City and County,of~
of that ~ertain "Tract B" described in a deed from,~ las~ Lend Development to
Jewell M, Parham, recorded,in Volume 832, Page[~ ' 'Deed Records, Denton
County, ;Texas and being mom particularly describe~'?a.',~ fo!lows.
COMMENCING at an iron rod found for corner in th~'~st !ina of Woodrow Lane,
a ublic'roadway and in the s6uth ne of Spencer R~i a' I~bllc roadway;
' rc of a Curve to the r ght, having a central angle of 37 36
THENCE along the a ' , ,, i 69°
38", a re:dius of 470,09, an arc length of 308.58 feet,.~?sa:ch_o?d bears so, uth .
3o3.o fee wi h , id outh ,ne of sa d ,Dad to an ,ton rOD
found fo~ corner;
THENC~E $ 53° 42' 41" E, 197.70 feet w~th said so . e said Road to an iron
EGINNiNG · ..
rod set for PLACE OF B ;
THENCE $ 55° 42' 41" E, 624,48 !eat with sa,d south'.! ne ~f said Read to an iron
rod four~d for co. rner, said point being the northwest ~: nar of that certain tract of
land described in Volume 4?8,, Page 175, Deed Reco~',.c. ~?nton County, Texas;
THENCE S 18° 03' 24" W, 46.83 feet to an iron foci !~ dlfor corner In the north
llne of a i150 0 foot railroad r ght.of-way; ,..,
· e arc of a cdrve to the left, having a[,p..~ntr~ll angle of 04
THEN, CF a. lo~n~g~ ~,. ..... '^-"t~' of 200,00 feet,.wh~se ~bhord bears N $8° 16
a raalus~ o1' .O-lO,Uo, a. a.~ ,~,-u ,, . .... ,L_L;~H.~.k~.^*.~ O a nolnt for
05" W ~99,96 feet with said north line ot sa~a raRro .~.,~[-~I!, '~- "-~ t ,-
corner, , , ,,;.l, .,:
THENC~ N 62° 06' 37' W, 409,42 feet with said no, r~[",l)ne ,~of said railroad right-of-
w~¥ to a~ iron rod set for cornier in said east hne of s
,,
THENC~ N 20° 08' 39" E,:. 125.10 feet to the: :Et.~F BEGINNING and
containlflg 1,11~,acres ofland, more or less.:
" ' 4238 1-35 North
l','i ' ' Denton, Texas 76207-340B
'~' ', (817) 382-4016
ii'" ' i. Fax(B17) 387-9784
SURVEYORS I NC
g.B68 ACRES i!?
BEING ~11 that certain lot, tract, or parcel of landlsi~ecl:in the Mary L. Austin
Survey Abstract Number 4, in the City and CountY' (~entSn, Texas, being a part
of that qertain "Tract C" des(~ribed In a deed from' [~!las; Land Development to
Jewell M. Parham, recorded! in Volume 832, Pag~ 79 Deed Records, Denton
County,: Texas, being also a part of that certain "T ~'B" described In Volume
832, page 79, Deed RecordS, Denton County,. Te~ an"d being n part of that
certain (called) 0,3031 acre tract of land descnbed ' e
~rdinanc No. 84-175 by
the citY of Denton, Texas, r~corded in Volume 156! ;"IPa~je 428, Deed Records,
Denton [County Texas, and b~ing more pa~cularly d, ~brlbed as follows:
i ' I!i ~$~line of WoodroW Lane,
,-~...~,~.,~.llun ~t an iron ro~ found for corner in th~~, ,
Wa and in the,~ortn line o~ op=
a public road y . -., ti
point b~ing the southwest co?er of said Trac~C , ,.:i,
TH N& N 00° eet w th the aa t Ii!' Woodro to
an iron irod set for corner, In the south line of a 30,0 !~) ', rc~d easement described
in Volume 401, Page 472, D~ed Records, Denton C~,~ ~,!Texas;
THENG, E N S8~ 20' 46" E, ~42.36 feet with said. {~'.P.'..~. line of said 30 foot road
easement to an iron rod set for PLACE OF BEGINNIng;
i : F~"i' " said 30 foot road
' . , ,, 65.64 feet w~th said s~.h. I!ne of
THENCE N 88 20 46: E: $ .... '-= -olnt ~ei~'the'n°ffhwest cornerof .Lot
easement to an iron rca set Or co,.m..er, sa~u t~ ,
~ · i Addltlon, an add tlon ~e ~ltY of Denton,
1 BIo(~k 2, Municipal ..Utility.,., .... , u.^...4 ~an0~i~l' iff Cabinet G, Page 346,
Plat Records, Denton County, Texas,
i , . . L .... °--t with the W~{!3Ina of said Lot I to an iron
THENCE S 04~ 23 39 W, ~z,uo ma _ = ~L~.=
;~ sel~for corner in said no~h fine of said Spencel~
THENCE N 53~ 42' 41" W, '~15,25 feet with sa~d n~!l!n,e of said Road to an iron
rod set for corner; , {~
THENCE N 09° 22' 02" ~, 518.49 feet to th~ ,~I~CI~ OF BEalENING and
contel tng9.565acresoflan · mo~e or ].ess'..
Terrano To City of Denton
OMB No. 2502.0265 (Exp. 12-31-86}
A, U,S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN
SETTLEMENT STATEMENT t. [] FHA 2. [] FMHA a. [] CONV. UNINS.
r-] co,, ,NS.
e. FILE NUMBER: 7. LOAN NUMBER:
GF 94F 354O10
: 8. MORTGAGE ~NS. CASE NO.:
;
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent
are shown. Items marked '(p.o.c,)' were paid outside the closing; they are shown here for informational purposes and
are not included in the totals.
D. NAME OF BORROWER: CITY OF DENTON , TEXAS
ADDRESS OF BORROWER: 215 E. McKinney
Denton, TX 76201
E. NAME OP SELLER: TERRANO REALTY, INC.
ADDRESS OF SELLER: 1 3 0 3 Campbe 11 Rd.
Houston, TX 77055
F NAME OF LENDER:
ADDRESS OF LENDER:
G. PROPEFCF7 Tract I: 1.114 acres; Tract II: 9.565 acres,
LOCATION: Mary L. Austin Survey, Abst. No. 4, Denton,
Denton County~ Texas
H. 8ETTLEMENTAGENT: SOUTHWEST LAND TITLE CO.
PLACE OF SETrLEMEN~ 4230 LBJ Fwy., Suite 1~1
Dallas, TX 75244
I. SETTLEMENT DATE: October 19, 1994
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM SORROWER: 400. GROSS AMOUNT DUE TO SELLER:
t 01. Contract sales price ,~P~ ,Z~/~ ~ ~ 401. Contract sales price
103. Settlement charges to borrower (Line 1400) ~ ,,OZa?-~ d) 403 Reserves transferr~
104, 404,
105, 405.
Adjuslments for items paid by seller in advance: Adjustments 1or items paid by seller in advance:
106. School / City, tewntax to 406. School / City, towntax to
107. State / County tax to 407. State / County tax to
108, School tax te 408. School tax to
109. Prorations (Rent, Tax, Ins.} 409. Prorations (Rani, Tax, ins,)
110. Assessments 410, Assessments
111. 411,
t20. GROSS AMOUNT BUE FROM ORROWE,: I 4B0. GROSS AMOU, DUE TO SELLER:
200, AMOUNTS PAiD BY OR IN BEHALF OF 500. REDUCTIONS IN AMOUNT DUE
BORROWER: TO SELLER:
201, Deposit or earnest money 502. Settlement charges to seller (Uno 1400)
202. Principal amount of new loan(s) 503. Existing loan(s) taken subject to
203. Existin~ loan(s) taken subject to 504. Payolf to first mortgage loan
204. Set[.lement cost pa, id by Seller 505. Payoff o: second mortgage 1can
205. ~.r.~'('.-. ,,'~'~.,'~*,-"h~;~ ~/.J~'"~Z~ 506. Deposit or earnest money
206. ¢7 (./' 507. Settlement cost paid for borrower
207. ' 50 8 ,~',.,.,.,,.,,~'¢./;~/-P~, ~-w"~ ,~.~/
208. 509. 6/ ~'
Adjustments for items unpaid by seller Adjustments for ilems unpaid by se,er
210, School / City, towntax to 510. School / City, towntax to
211. State I Count,/tax : to 511. State I County tax to
213. School tax 1o 513. School tax to
214. All Taxes i lo 514. Ail Taxes to
215. i 515.
216. 516.
520.
TOTAL
REDUCTION
AMOUNT
DUE
220. TOTAL PA'O BY/FOR BORROWER d-~ ,....~/'~,,~, D y o~,/) ~7/~/, ¢ ,~.
. SELLER
300. CASH AT SETTLEMENT FROM I CASH
TO BORROWER 600. CASH AT SETTLEMENT TO I FROM SELLER
301. Gross amount due from borrower (Li~) ,~3~ ~. ,~.. / 601. Gross amount due Io seller (Line 420)
302. Less amounts paid by I lot borrower (Line 220) Z) ,~ 502. Less reductions in amount due seller (Line 520)
D
303. C^S.( r TO)BORROWER 500. CAS.( r TO)( Z' .OM)SELLE.
Southwest Land T~Ue CO., acting as Escrow Agent, has assembled on this Statement, Information and figures representing your transaction as understcod by
it. It Js the responslblflty of the Escrow Agent to make such settlemen~ as agreed to by all parties to this transaction. Tax p,oraaons have been based on figures for the preceding
year, or estimates lot the eurrenl yea¢, and in the event of change of taxes for the current year, al~ necassaW adjustments must be made between Seller and Purchaser and / or
Borrower and Lender, with the understanding that Southwest Land Title Co, will not be liable for any adjustments. In the event a Real Eslate Agent negotlaled lhJe transaction.
or in the event a loan is involved, such agent and lender may be furnished a copy of thls slatement. U the foregoing stamment is aaUsfactory Io you. please signify your approval
and authorization of payments and receipt of a copy bereol, by signing your name in the space provided.
Previous Edition Is Obsolete HUD-1 (3-86)
/
, RESPA, HB 4305.2
Terrano to City of Denton
L. Settlement Charges
700. Total Sales / Broker's Commission based on price $ @ , Paid From Paid From
Division of Commission (line 700) as Iol]ows: Borrower's Seller's
701. $ to Funds at Funds at
702. $ to Settlement Settlement
703. Commission paid at Settlement
704.
800. Items Payable In Connection With Loan
801. Lean Origination Fee %to
802. Loan Discount °/01o
803. Appraisal Fee to
804. Credit Report to
805. Lender's Inspection Fee to
808. Amortization Schedule to
810. Photos to
811. Warehouse Fee to
812. Tax Research Fee to
813. Mortgage Applicstton Fee to
814.
816.
817.
900. Items Required By Lender To Be Paid In Advance
901. Interest from to @ $ / day
902. Mortgage Insurance Premium for months io
903. Hazard Insurance Premium for ~/ears to
905.
1000. Reserves Deposited With Lender
1001. Hazard Insurance rnonths@$ per month
1002. Mortgage Insurance months@$ per month
1003. City/school property taxes months@$ per month
1004. County property taxes months@$ per month
1005. Annual assessments months@$ per month
1007, months@$ per month
1008.
1100. Title Charges
1101. Settlement or closing fee to
1102. Abstract or title search fo
1103. TtSe examination to
1105. Document preparation to,~/~'y./?~ ~.~, .~ ~d~ .
1107. Attorney's fees to - '
(includes above items numbers: 1105
1108. Tiffs insurance to Southwest Land Title Co.
(includes above items numbers: 1 i 02, 1103(r,~,~,~,..
1109. Lender's coverage $
1111. Restrictions
1113. iRS Reporting Fee
1115.
1116.
1200. Gove~n,~ant Recording and Transfer Charges
1201. Recording fees: Deed $~/' ~" ; Mortgage $ ; Releases $ "/~,~,',,C~
1204.
1300. Additional Settlement Charges
1301. Survey to
1302. Pest Inspection to
1303. Tax Certificates
1304. State of Texas Policy Guaranty Fee
1305. Courier / Messenger Fees
1306.
1307.
1308.
1309.
1400. Total Settlement Charges (enter on lines 103, Section J and 602, Section K)
D
have care u y reviewed the HUD-I Settlemen S a amen and o th9 best of my know edge and belief, it is a true Lad accurate statement of all receipts and
disbursements made on my account or by me in this transaoSon~urther certify that I have received a copy of the HUD-1 Settlement Statement.
Sorrow~7~ L~'~yd V. Harrell, C~t~ Mananger &*Sellers John M. McCormack, Presl~en=
The HUD-1 Se{tlement Statement which I have ~are~ Is a~t~e a n d,~.~..~t e accour~ of this transaction. I have caused or will cause the funds to be disbursed
in accordance with this statement. ,Ri; ~ ~'~'~s.~ ~,, ~
~ob Castleberry, Ma~or
Settlement Agent /[ Date
Warning: t s a c me o knowingly make false statements to the United Slates o~thls er any other slrnllar form. Penalties upen conviction can inctudea fine
~nd imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. PAGE 2
City of Denton to Terrano
OMB No. 2502-O265 /Exo. ~2-31-8B~
A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN
SE'I-FLEMENT STATEMENT t. [] FHA 2. [] FUHA 3. ~ CONY. UNINS.
6. FILE NUMBER: 7. LOAN NUMBER:
GF 94F 354018
8. MORTGAGE iNS. CASE NO.:
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent
are shown, Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and
are not included in the totals.
D. NAME OF BORROWER: TEHRANO REALTY, INC.
ADDRESS OF BORROWER: 1303 Campbell Rd. \
Houston, TX 77055
E. NAME OF SELLER: CITY OF DENTON, TEXAS
ADDRESS OF SELLER: 215 E. McKinney
Denton, TX 76201
F NAME OF LENDER:
ADDRESS OF LENDER:
G. PROPERTY 27.7488 acres, part of the Mary Austin Survey, Abst. No. 4,
LOCATION: and being part of Lot 1, Block 1 and part of Lot 1, Block 2,
Municipal Utility Addition, Denton, Denton County, Texas
H. SEqTLEMENTAGENT: SOUTHWEST LAND TITLE CO.
PLACE OF SETTLEMENT: 4230 LBJ Frwy., Suite 121
Dallasr TX 75244
I. SE'I-rLEMENTDATE: October 19r 1994
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM SORROWER: 400. GROSS AMOUNT DUE TO SELLER:
101. Contract sales price ~/~,5'""//, ~ ~ 401. Contract sales price c/,~,,~.~7.,/' ~,,~z.
t05.1103'04' Set6ement charges to borrower (Line1400) '/.,,~.,~,~>~ 405.404'403 Reserves translerred
Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance:
106. School / Cit/, town tax to 406. ScheollCit/, town tax to
107. State/Count/tax to 407. State/Count/tax to
108. School tax to 408. SchOol tax to
109. Prorations (Rent, Tax. Ins.) 409. Prorations (Rent, Tax, ins.)
110. Assessments 410. Assessments
111. 411.
,20. GROSS AMOUNT DUE FROM BORROWER: 7,~,~,,~y 420. GRO$$ AMOUNT DUE TO SELLER:
200. AMOUNTS PAiD BY OR IN BEHALF OF 500. REDUCTIONS IN AMOIJNT DUE
BORROWER: TO SELLER:
201. Depositorearnestmoney 502. Settlement char~es to seller (Une1400/ r ~ ~ ~.
202. Principal amount of new loan(s) 503. Existing loan(s) taken subject to
203. Existing ban{s) taken subiect to 504. Payoff to first modifiable Ioan(:Z~.~.,~
204. Settlement cost paid by Seller 505. Payoff el. eeeemMmmgegedee~
Deposit or earnest money
205.~.~,.~.,~,,~' ./f'~,,~.,.. ,'-~7~'~2'~z-/$,,~,,' r~,/..~'?/,.,")~' 5~67.. Sotllementcostpa/i~forborrowor
206. ' / ....
208, 5o9. '- C;"
Adjustments for items unpaid by seller Adjustments for items unpaid by seller
210, School/City, town tax to 510. School/City, lown ~ax
211. State / Count/tax to 511. State / County tax to
213. School tax to 513. School tax to
214. All Taxes to 514. All Taxes to
215. 615.
216. 516.
520. TOTAL REDUCTION AMOUNT DUE
220. TOTAL PAiD BY/FOR BORROWER 72 O /'"~/, C~ ~ SELLER
300. CASH AT SETTLEMENT FROM I CASH
TO BORROWER 600, CASH AT SETTLEMENT TO / FROM SELLER
301. GrossamountduefromborrowerrUne120) ~/~ ~,, ~)Y 601. Grossamountduotoseller(Une420)
302. Less amounts paid by/for borrower (Uno 220) ~,//,D"~/, 4 /../z 602. Less reductions in amount due seller (IJne 520)
308. CASH( d ,OM)(r TO)BORROWER o3. CAS,( 'O (r ROM)SELLE,
Southwest Land Title Co., acting as Escrow Agent, has assembled on this Slatemenl, Inlormagon and figures representing your transaction as understood by
it. it is the responsibility ol the Escrow Agent Io make such ssnlemem as agreed to by all parties to this transaction. Tax prorations have been based on figures for the preceding
year. or estimates for the currem year, and in me evem ol change of taxes for the current year, all necessa~ adjustments mus~ be made between Seller and Purchaser and / or
Borrower and Lender, with the understanding that Southwest Land Title Co, will nol be Ilabte for any adjustments, In the event a Real Estate Agent negotiated this transaction,
or in the event a loan ts involved, such agent and lender may be furnished a Copy of this stalement If the Ioregolng statement is satisfactory to you, please slgnlty your approval,
and authorization of payments and receipt ol a copy hereof, by signing you~ name in the space provided.
Previous Edition is Obsolete HUD-1 (3-86)
RESPA, HB 4305.2
94F 354018 (City of Denton to Terrano)
L, Settlement Charges
700. Total Sales / Broker's Commission based on price $ @ = Paid From Paid From
Division of Commission (line 700) as follows: Borrower's Seller's
701, $ to Funds at Funds at
702. $ to Settlement Settlement
703. Commission paid at Settlement
704.
800. Items Payable In Connection With Loan
801. Loan Origination Fee °/0to
802, Loan Discount %to
803. Appraisal Fee to
804, Credit Repot:t to
805. Lender's Inspection Fee to
808. Amortization Schedule to
810, Photos to
811. Warehouse Fee to
812. Tax Research Fee to
813. Mortgage Application Fee to
814.
815,
816,
817,
900, Items Required By Lender To Be Paid In Advance
901. Interest from to @ $ /day
902. Mortgage Insurance Premium for months tO
903. Hazard Insurance Premium for years to
905.
1000. Reserves Deposited With Lender
1001. Hazard Insurance months@$ per month
1002~ Mortgage Insurance months@$ per month
1003. City/school property taxes months@$ per month
1004. County property taxes months@$ per month
1005, Annual assessments months@$ per month
1007. months@$ per month
1008.
1100. Title Charges
1101, Settlement or closing fee to
1102. Abstract or title search to
1103. Title examination to
1104. Title insurance binder to ·
1105. Document preparation to.~-~)~/'~
1107, Attorney's fees to
(includes above items numbers', 1105
1108. Title i~surance to Southwest Land Title Co.
(incl,,;Jes above items numbers: 1~02. 1103
1109. Lender's coverage $
1110. Owner's coverage $ ~/.~-- ~_~-v'-.~,~
1111. Restrictions
1112. Escrow Fee
1113. IR,? Reporting Fee
1115,
1116,
1200. Government Recording a~d Transfer Charges /~,/~'/,~ /,.~ ~' .
1201, Recording fees: Deed $ ~/~ ; Mortgag'e $ ; Releases $~";' ~ ) ~,~/,' ~' ~) ,:,~, ~"~'~
1204.
1300, Additional Settlement Charges
1301. Survey to
1302. Pest inspection to
1303. Tax Certificates
1304, State of Texas Policy Guaranty Faa
1305. C0urlo,' / M~ss~ 9~-r Fees
1306,
1307,
1308,
1309.
1400. Total Settlemel t Charges (enter on lines 103, Section J and 502, Section k~ J?2
I have carefully reviewed he HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and
have received a copy of the HUD-1 Settlement Statement.
disbursements made on ~y account or by me In this transaction. I farther certify thst l
Borrower* John N. McCormack, President Sellsrs'~lov~ V. Harr. e~l, C~ty ~anager ar
The HUD~I Settlement SI ~tement which I have prebared Is a true and accurate account of this tran{l~lon.~ hav,e~j~ll ca_us.e, tf~ funds to be disbursed
in accordance with this atement.
Selllemen, Age.t ' Data "lq- ?¢ /
Warnlngf It is a crime to knowingly make false statements to the United States on this or any other air'ilar ~o~. Penalties upon c~vlctlon can include a tine
and imprisonment. For )tails see: Title 18 U.S. Code Section 1001 and Section 1010. PAGE 2
REQUES'I' FOR TAXPAYER IDENTIFICATION NUMBER (TIN)
IN CONNECTION WITH A REAL ESTATE TRANSACTION
TO: CITY OF DENTON, TEXAS DATE: October 19, 1994
GF# 94F 354018
The Tax Reform Act of 1986 requires the reporting of certain "Real Estate Transactions", as
currently defined in the Income Tax Regulations. If your transaction requires disclosure you are
required .by law to provide SOUTHWEST LAND TITLE CO. with your correct taxpayer identification
number. If you do not provide SOUTHWEST LAND TITLE CO. with your correct taxpayer identifica-
tion number, you may be subject to civi'l or ciminal penalties imposed by law. This is important tax
information and is being furnished to the Internal Revenue Service. If you are required to file a return,
a negligence penalty or other sanction will be imposed on you if this item is required to be reported
and the Internal Revenue Service determines that it has not been reported.
SOUTHWEST LAND TITLE CO.
2900 LINCOLN PLAZA
500 NORTH AKARD STREET
LOCK BOX 6
DALLAS, TEXAS 75201
TIN # 75.2541812
NAME OF TAXPAYER (SELLER)
FORWARDING ADDRESS OF TAXPAYER
TAXPAYER IDENTIFICATION NUMBER
DATE OF CLOSING GROSS PROCEEDS $
GENERAL DESCRIPTION (Address)
OF THE REAL ESTATE
TRANSFERRED
PRINCI~AL RESIDENCE OTHER REAL ESTATE
AMOUNT RECEIVED FROM BUYER FOR REAL ESTATE TAXES
******************************************
CERTIFICATION. -- Under penalties of perjury, I certify that:
'] (1) The number shown on this statement is my correct Taxpayer Identification Number,
AND
(2) I am providing my Taxpayer identification Number in connection with a real estate
transaction.
-~ (3) t am not required to furnish a Taxpayer Identification Number to SOUTHWEST
LAND TITLE CO., as the seller is a corporation, governmental unit, or an exempt volume
transferor (as per attached).
I hereby acknowledge receipt of this form in lieu of a form 1099.
DATE: October 19,_1994 [ '~.~'~,~/
TAXPAYER By. Bob Castleberry, MTor
TAXPAYER
THE STATE OF TEXAS
COUNTY OF DENTON:
This instrument was acknowledged before me this /~ day of
October, 1994, by Lloyd V. Harrell as City Manager on behalf of the
City of Denton, Texas, a home rule municipality.
May 15, 1997
Printed Name of Notary
My commission expires:
THE STATE OF TEXAS
COUNTY OF DENTON:
This instrument was acknowledged before me this ~ day of
October, 1994, by Bob Castleberry, Mayor on behalf of the City of
Denton, Texas, a home rule municipality.
~ ROGER,.W,LK,NS0N . § Notary Public, State of Texas
My C0mm,,,,0n
~000~00O~O0~O000~O0000~x~0 Printed Name of Notary
My commission expires=
AFTER RECORDING, RETURN TO:
TERRANO REALTY, INC.
1303 Campbell Rd.
Houston, TX 77055
~$pECIAL WARRANTY DEED
THE STATE OF TEXAS:
COUNTY OF DENTON:
THAT, THE CITY OF DENTON, TEXAS, a home rule municipality, of
Denton, Denton County, Texas, hereinafter designated Grantor, for
and in consideration of the sum of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration, including but not
limited to the exchange of properties hereinafter designated and
set forth, paid by and conveyed by TERP~%NO REALTY, INC.,
hereinafter designated Grantee, whose mailing address is 1303
Campbell Rd., Houston, TX 77055, the receipt and sufficiency of
which consideration is hereby acknowledged; and said Grantor has
Granted, Sold and Conveyed in Exchange, and by these presents does
Grant, Sell and Convey in Exchange unto the said Grantee, all that
certain lot, tract or parcel of land lying and being situated in
the County of Denton, State of Texas, to-wit:
SEE EXHIBIT "A" FOR A METES AND BOUNDS DESCRIPTION OF
SAID PARCEL, WHICH EXHIBIT IS MADE A PART HEREOF FOR ALL
PURPOSES AS THOUGH COPIED IN FULL HEREIN;
subject, however, to the restrictions,.conditions, easements, and
covenants, if any, applicable to and enforceable against the
property as reflected by the records of the County Clerk of Denton
County, Texas; in consideration for which the Grantee has, by
separate conveyance, conveyed in exchange to Grantor, the following
described lot, tract or parcel of land lying and being situated in
the County of Denton, State of Texas, to-wit:
SEE EXHIBIT "B" FOR METES AND BOUNDS DESCRIPTION OF TWO
TRACTS OF LAND, WHICH EXHIBIT IS MADE A PART HEREOF FOR
ALL PURPOSES AS THOUGH COPIED IN FULL HEREIN;
TO HAVE AND TO HOLD the premises first above-described,
together with all and singular the rights and appurtenances thereto
in anywise belonging unto the said Grantee, its successors and
assigns, and Grantor does hereby bind itself, its successors and
assigns, to Warrant and Forever Defend, all and singular the said
first above-described premises unto the said Grantee, its
successors and assigns, against every person whomsoever lawfully
claiming, or to claim the same, or any part thereof, by, through
and under Grantor, but not otherwise.
WITNESS our hands at Denton, Texas, this 19th day of October,
1994.
CIT~ OF DENTON, TEXAS
By .~o~. 'V. Harrell,. Cit~Manager
Bob Ca~tleberry, M~ ~
THE STATE OF TEXAS
COUNTY OF DENTON:
This instrument was acknowledged before me this /~ day of
October, 1994, by Lloyd V. Harrell as City Manager on behalf of the
City of Denton, Texas, a home rule municipality.
· ?~.....~%
;
Printed N~e of Notary
My co~ission expires:
THE STATE OF TEXAS
COUNTY OF DENTON .'
This instrument was aoknowledged before me this ~ day of
October, 1994, by Bob Castleberry, Mayor on behalf of the City of
Denton, Texas, a home rule municipality.
ROGERN, WILK~N$ON ~ Not~y Public, State of Texas
Notary Public, State of Texas___~
My C~lmlsslo. Explr. ~?~
~~~~ Printed N~e of Nota~
My co~ission expires:
AFTER RECORDING, RETURN TO:
TERRANO REALTY, INC.
1303 Campbell Rd.
Houston, TX 77055
AFFIDAVIT AND INDEMNITY AS TO
DEBTS, LIENS AND PARTIES IN POSSESSION
(Se!let or Owner/Borrower)
GF#94F 354018
PROPERTY:27.7488 acres, part of the Mary Austin survey, Abst. No. 4, and being part
of Lot 1, Block 1 and part of Lot 1, Block 2, Municipal Utility Addition,
Denton, Denton County, Texas
STATE OF TEXAS ) (
COUNTY OF DENTON ) (
BEFORE ME, the undersigned authority, on this day personally appeared
City of Denton, Texas
(Seller or Owner/Borrower), personally known to me, who, having been duly sworn, on oath states that the marital
status of the undersigned has not changed since the date of acquisition of said property and represents to the
Purchaser, Lender, and SOUTHWEST LAND TITLE CO. (Title Company) in this transaction that there are:
1~ No unpaid debts for taxes, plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television
antennae, carpeting, rugs, lawn sprinklering systems, venetian blinds, window shades, draperies, electric appliances,
fences, street paving, or any personal property or fixtures that are located on the subject property described above,
and that no such items have been purchased on time payment contracts, and there are no security interests on such
property secured by financing statement, security agreement or otherwise except the following:
Creditor Approximate Amount
NONE
2. No loans or liens (including federal, state and judgment liens) of any kind against the undersigned, nor on such
property except the following:
Creditor Approximate Amount
ALEX DICKIE, SR. ET AL
DANNY R. BAYS, SR.
3. All ~abor and material used in the constructlon of improvements on the above described property have been paid
for and there are no unpaid labor or material claims against the improvements or the property upon which same are
situated, and the undersigned hereby declares that all sums of money due for the erection of improvements have been
fully paid and satisfied, except the following:
NONE
4. The undersigned is not presently in bankruptcy, or if the undersigned is in bankruptcy, the Property has been
declared by the bankruptcy court to be exempt from the claims of all creditors, and there are no creditors of the
undersigned who have not received notice of the bankruptcy;
5. The undersigned has not been refused title insurance by another title corapany;
6. Except as noted below, there are no visible or apparent easements or any underground easements created by
virtue of unrecorded grant or use, nor are there any parties occupying, renting, leasing, residing or possessing the
Property or any portion thereof, nor is the undersigned aware of any party claiming title to the Property or any
portion thereof by reason of adverse possession, except:
NONE
INDEMNITY: THE UNDERSIGNED AGREE TO PAY ON DEMAND TO THE PURCHASER, LENDER, OR
TITLE COMPANY IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNT
SECURED BY ANY AND ALL LIENS SHOWN OR NOT SHOWN ABOVE, TOGETHER WITH ALL
COSTS, LOSS AND ATTORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH
SUCH UNMENTIONED LIENS, PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUCH
PROPERTY, OR A PART HEREOF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROP-
ERTY AND ARE CREATED BY OR ARE KNOWN TO THE UNDERSIGNED, OR HAVE AN INCEPTION
DATE PRIOR TO THE CLOSING OF THIS TRANSACTION.
The undersigned acknowledge that the Purchaser, Lender and the Title Company in thru transaction are re~ying
on the truth of the statements contained herein in purchasing same, lending money thereon, or issuing a title policy
therein and would not purchase same, lend money, or issue a title insurance policy therein unless said representations
are made on oath under penalties of perjury.
CITY 0Y DENTON, TEXAS
Bob Castleberry, Mayor By:Lloyd V. Harrell, City Manager
SUBSCRIBED AND SWORN TO before me, the undersigned Notary Public, this day of
October , 1994 , byLloyd V. Harrell, City Manager of City of Denton and
Bob Castleberry, Mayor of City of Denton.
AIPP (9/92) Notary Public. State of Texas
COODSTEIN & STAR~, P.C.
P.O. BOX 670302
5925 Forest Lane, Suite 200
Dallas, Texas 75230
Date: October 19, lg~4
The undersigned has (have) or does (do) hereby employ the law fi~ of
COODfiTEIN & STARR~ P.C., for the limited purpose of preparing the Deed, Note
sale or Lean Instructions, and necessary or proper in connection with
sale, pnrchas'e or mortgage of lnnd described in Sou~hWes~ Land Title Company
file No. ~F 94F 354018 .,aid firm i~ not employed for
consultation or r~presentation generally, or for any purpose in connection
with ~nid sale, purchase or mortgage of land other thnn the preparagion
~ - - ' seller(Lend ar)
By: L~yd V. Harr~l~ Cit~ Manager
-- ~'., · purchaser (Borrower)
TER~0 RE~, INC.
By: John M. McCormacm, Fresl~en~
October 19, 1994
To: Southwest Land Title Co.
4230 LBJ Fwy., Suite 121
Dallas, TX 75244
Re: GF 94F 354010 - Tract I: 1.114 acres; Tract II 9.565 acres,
Mary L. Austin Survey, Abst. 4, Denton,
Denton County, Texas
GF 94F 354018 - 27.7488 acres of land, Mary Austin Survey,
Denton, Denton County, Texas
This is to advise you that the sale price of the property
covered in your GF 94F 354010 is $81,571.04, and that the
total sale price of the property covered in your GF 94F 354018
is $91,571.04.
John M. McCormack as President on
behalf of Terrano Realty, Inc.
BY L logy d .~Ha~r~na ge r
Bob Castleberry,
AF'rrIOAV1T O[" NOe41rOl'~F:I~,N
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned au tho r~[.y, on this day personally appearecl
CITY OF DENTON, TEXAS . Trnnsferor.
known to me to be the person whose name Is subscribed hereto, and, nfl. er being du~y sworn and under oath.
deposed and said:
[ 1) '~Fransferor ofcvcn dale bcrewJLh, sold ,,~nd tr,~nsfcrrecl certain real property (lhe Property ] locntec
In DENTON County, Texas. nncl more pm'Ucularly described in
Exhibit "A" attached hereto mad made a part hereof for all lntcn~s and purposes to
TERKANO REALTY, INC. , Tmnsl'eree."
(2) "I ac mowledge ti'mt SeeUon 1445 of the Interred Revenue Code provides that a tmnsreree {buyerl
of a United States real property Interest must wlLhhho d l~: ir thc transferor (seller) Is a foreign person/entity.
To Inform nnd assure Transl'crec that wILhholdlng' of Lax Is noL required upon thc sale and transfer el'Lbo Property
hy Transferor Lo Transferee. thc understt~ned hereby ccrUf]es Lo Transl'cree the
[al Transferor Is not a foret,~n person, foreign corporation, l'orcl~n parl. ncrshlp, roreltln trust.
or forel,~n estate (as such terms are defined In thc Internal Revenue Code and Income Tm'~ Ret~u]ntlons)
purposes of U.S. Income taxaLIon:
(b) . No person or enLILy other L~on Transferor has any Ice LILle ownership Interest In or Lo thc
Property: · or United
(c) Transferor's social security number Is ,. ,'
SLates Employer's Identification Number Is '
Id) Tmnsferor's marling address is: I ..
"! understand LhaL Lhls Affidavit of Nonforelgn Status may be disclosed to the InLemal Revenue
Service by Tmnsl'ercc and U~aL .,ny l'alsc statement made herein could bc punishable by Rne. Imprisonment. or
both." (4) "Under penalties orperJury. ! declare LhaL! have exm-nlned this Amdavlt orNonforclgn Status and.
Lo the bcsL of my knowledge and belier. It Is true. correct, ond complete." IF ENTITY'. cHEcK HERE.
"Pud. her. ! dccl,'u'c LhaL! have the auLhodLy Lo sl~n Lhls document on bch,'flr o£Tmnsfcror.'"
EXECUTED '~.ITccLIvc as o£ thc 19t:h. (lay or october /. 39 94 .
DETN T $
~1o~, V'~ ti re' , City
B6b Cast:le'Serry~ MayorJ
SWORN TO AND SUBSCF'dBED BEFORE ME on ~ay of 0ctober~ 1994 by
SWORN TO AND SLrBSORIDED BEFOIiB ME on by
the
· on beh,'df of soJd
or
eorpor,~LlOno
NoLagt Public, SLate
GF# 94F 3540[8
WAIVER OF INSPECTION
Procedural Rule P-3 of the Basic Manual of Rules, Rates, and Forms
for the writing of title insurance in the State of Texas allows the Title Company
to make a general exception ~n ~nsur~ng forms as to "Rights of Parties ~n
Possession on condition that the Insured executes a written instrument wa~wng
an inspection of the property to be msured.
Pursuant thereto, the undersigned waives ~nspection of the property
being insured by title insurance m the above file and further states that the
undersigned is satisfied to accept the policy subject to such general exception.
EXECUTED this 19th day of October , 1994
TERRANO REALTY, INC.
BY: John M. McCormack, President
AFFIDAVIT OF PARTIES IN POS.~ESSION
T~E STATE OP' TEXAS ~
COUNTY OF DENTON I
BEFORE 'ME, t~e undersigned authority in and for ssi0 County and S~a[e, on
~n~s ~ay ~r~nally adhere0 ~loyd V. ~arrell, City Manager, and Bob C~s~leberry,*
known ~o me to ~ the 0erin whose name ~S ~uOscr~C hereto and u0on oat~ deocses
a~ says aa follows:
1. With r~s~ec~ to ihs ~eal ~ro~er[y Ioca~ea in De~o~ County, Texas,
a~d ~scr;0e~ 0slow or In Exhibit "A" a~[ached hereto, affiant nas ~o[:
(a) entered into any oral or written lease agreements,
(O) given ~e~m~ion to use, ~cu~y~ or enteff, off
(c) otherwise granted Shy ~a~s~ry rights of any nature what~eve~ which
are presently existing as of t~ie date except:
*Mayor, bo=h on behalf of =he ¢i=y of Den[on, Texas,
2, To afflant~s knowledge there ara no psrttea in Oossession of all or a 0~rt~on
of t~e descril~ed gro~erty or exercising any ~osse~ory rights thereon.
3. This AffiOsvit ia given to Induce Southwest Lancl TitLe Co. ancl its ti'.[e
~nsurance underwriter to ISSue policies of title insurance without general exception to "rights
of part;isa in i~OsSes$1on" eXCel~t sa i~roviOecl herein~ and affiant acknowledges that such
policies would not De Issued excel3t upon the representations contained herein,
PROPERTY;
EXECUTED and sworn to this /~f clay of Oct. ober ./'/ 1994 . /
th~ City of Dent(~n, Texa~
Den=on, Texaa
SWORN TO~ SUBSCEI~ED AND ACKNOWLEDGED BEFORE ME [~ls ~ZW ~sy 0f
~O~ar~ Pu~tlC, State of Texas