1988-08073051,
NO &]QgC)
AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE PURCHASE OF
REAL PROPERTY BY THE CITY OF DENTON, TEXAS AS DESCRIBED HEREIN
FROM JAMES NEBLETT AND ONEITA NEBLETT FOR THE ACQUISITION OF
PROPERTY FOR THE CITY'S WATER PLANT, AND PROVIDING FOR AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I That the City Council of the City of Denton,
Texas approves the Contract of Purchase of Real Property
providing for the purchase of that certain real property
described in said contract attached hereto, by the City of
Denton, Texas from James R Neblett and Oneita Neblett, in the
amount of Four-Thousand and No/Hundred Dollars ($4,000) per acre,
in accordance with the terms and conditions of said contract
SECTION II That the City Council authorizes the expenditure
of un-d the amount specified in said contract for the
purchase of said real property and authorizes the Mayor to
execute any and all documents necessary to consummate said
purchase
SECTION III That this ordinance shall become effective
imme iately upon its passage and appr vvaI
PASSED AND APPROVED this the`& day of 1988
RA STE JXNS, MAYOR
ATTEST
J N FE WA TERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
0
BY
411/7 1. on
1
2298L
THE STATE OF TEXAS §
CONTRACT FOR PURCHASE OF REAL
PROPERTY
COUNTY OF DENTON §
1 Parties JAMES R NEBLETT and wife, ONEITA NEBLETT
(Seller agrees to sell and convey to the CITY OF DENTON,
TEXAS, a municipal corporation of the State of Texas (Buyer),
the property described below
2 Property Seller agrees to sell to Buyer all that
certain real property (the Property) situated in the City of
Denton, County of Denton, State of Texas, described in Exhibit
"A", attached hereto and incorporated herein by reference,
provided, however that the parties recognize that no current
survey of the Property exists and that because of various sales
transactions involving the original tract of which the Property
is a part, the exact acreage included within the Property owned
by Seller to be conveyed may be more or less than the acreage
as described herein, and the parties agree that the exact
acreage and the boundaries of the Property which is to be
conveyed hereunder to Buyer shall be hereafter determined in
accordance with a current survey performed as provided herein
3 Escrow Agent Title USA Insurance Corporation of 531
North Locust Street, City of Denton, Texas, is hereby
designated as escrow agent and the Purchaser, on execution of
this agreement, shall pay the escrow fee, if any
4 Contract Sales Price The total sales price for the
Property shall be Four Thousand Dollars ($4,000 00) per acre,
which sum shall be the sole compensation due Seller for any and
all claims of any description whatever arising out of the
Buyer's acquisition or use of the property for public
purposes The total sales price for all of the acreage
included in the Property shall be determined by applying the
per acreage price to the total acreage included within the
property owned by Seller in accordance with a current survey of
the Property obtained as provided herein The total sales
price is to be paid to the escrow agent as follows
(a) One Thousand Dollars ($1,000 00) on the execution
of this contract by both parties, as earnest money
(b) The balance in cash or certified or cashier's check
at closing on delivery to the escrow agent of a general
warranty deed with full covenants, duly executed in
proper form for recording so as to convey to the Buyer a
good and marketable record and title to the Property
free and clear of all recorded and unrecorded liens,
assessments, leases, taxes, and encumbrances,
restrictions, and conditions, except public easements
and rights-of-way of record
PAGE ONE
5 Closin Date The transactions shall be closed on or
before ninety calendar days from the date of acceptance of
this agreement by the Seller and Buyer, or at such other time
as the parties may mutually agree, at the office of the escrow
agent or at such other location as is mutually agreeable to the
parties herein
6 Su~rve A survey of the Property shall be obtained
within sixty (60) days of the effective date of this agreement
by the Buyer, at the Buyer's expense, to be performed by a
Registered Public Surveyor licensed by the State of Texas A
plat of the survey together with any appropriate field notes
shall be furnished to Seller and Buyer prior to closing The
survey shall locate all improvements, encroachments, property
lines, and all easements and roadways adjoining or crossing the
property The total sales price for the Property shall be
determined by the exact acreage as shown on the survey
furnished
7 Soil Conditions The parties recognize that Buyer
intends to use the Property for the construction of a water
treatment plant, and that the Property will only be suitable
for such use if the soil or geological conditions on the
property are acceptable for such use The parties agree that
the Buyer, its agents or representatives, shall have ninety
(90) days from the effective date of this agreement to enter
upon the property and to perform such work and tests as may be
necessary to determine the existing soil and geological
conditions of the Property Should the Property not have
suitable soil or geological conditions for the intended use, as
solely determined by the Buyer, the Buyer may, notwithstanding
any other provision of this agreement, terminate this contract
by giving written notice to the Seller at any time prior to the
closing date, and any earnest money paid by Buyer shall be
returned to Buyer
8 Title Insurance Policy The Seller agrees, prior to the
closing, to procure at the Buyer's cost, from Title USA
Insurance Corporation or another title company of Seller's
choice acceptable to the Buyer, a preliminary title report
agreeing to ensure marketable title to the Buyer in the full
amount of the purchase price
9 Effect of Defective Title Should the title prove
defective in the opinion o t o Buyer's attorney, then such
defect shall be pointed out in writing by letter delivered to
the Seller after the delivery of such preliminary title report,
and the Seller shall have thirty (30) days thereafter in which
to cure such defects or, if agreed to by Buyer in writing,
prior to closing
PAGE TWO
10 Inability to Convey Title In the event Seller is
unable to convey good and marketable record and title to the
land as provided for herein in the opinion of the Buyer, then
this agreement shall terminate and any amount tendered by Buyer
shall be returned to Buyer
11 Fees Char es and Costs The Buyer shall pay all
recording fees, t t e searches, reconveyance fees, trustees'
fees, forwarding fees for any full reconveyance of any deed of
trust, and the premium charged for any policy of title
insurance arising out of this transaction Seller shall be
responsible for the payment of all delinquent ad valorem
property taxes, along with penalty and interest thereon, and
the payment of ad valorem taxes for the current tax year,
prorated to the date of closing
12 Default If Buyer shall fail to comply with any
provision of-This agreement, Seller may terminate this contract
and receive the Earnest Money as liquidated damages If Seller
shall fail to comply with any provision of this agreement,
other than the requirement to cure defective title, Buyer may
either terminate this agreement and receive the Earnest Money
previously paid, or enforce specific enforcement of this
agreement
13 Possession The possession of the Property shall be
delivere to o Buyer at closing
14 Integration This agreement constitutes the entire
agreement between the parties and neither party relies upon any
warrants or representation not contained herein
In witness wh of,
agreement on the Jday
ATTEST
the parties have executed this
of -21~ IBC , 1988
PU HASER
BY
RAY S; ENS, MAYOR
CITY F DENTON, TEXAS
JE I A TERS, CITY SECRETARY
AP ROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
PAGE THREE
SELLER
BY
AMES R NEBLETT
By
ONEITA NEBLETT
THE STATE OF TEXAS §
COUNTY OF DENTON §
Thi instrument was acknowledged before me on the /
day of , 1988 by Ray Stephens, Mayor of the City
of Dent , e" s, a municipal Corporation, on behalf of said
Municipal Corp .ation
0 JEANEM SCOTT
N*N PON% Sib d Teri
My CWM=1 n EXPIM *rd 91,1119
NO PUBLIC, STATE OF TEXAS
My Commission expires
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the
day of P Pt , 1988 by James R Neblett
`~ohuld Cee l~err~h9
NOTARY PUB LIC, STATE 0 ERAS
My Commission expires 6efto ber s ~
PAGE FOUR
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument
day of ,A pr" I ,
My Commission expires
2298L
was acknowledged before me on the
1988 by Oneita Neblett
Don41d Herring
NOTARY PUBLIC, STATE TEXAS
66t O bQr 311 19~~
PAGE FIVE
"EXHIBIT A"
Being out of the Sylvester Williams Survey, Abstract No 1322,
and being a part of a 250 23 acre tract described in a deed
from the John Hancock Mutual Life Insurance Company to Lonnie
Moseley, as shown of record in Volume 294, Page 199, Deed
Records, Denton County, Texas, and being more particularly
described as follows, to-wit
BEGINNING at a stake for corner in the North boundary line of a
public road, 16 0 feet north of the most southerly southeast
corner of said 250 23 acre tract,
THENCE north with the most easterly east boundary line of said
tract, 2242 0 feet to a stake for corner in the south boundary
line of the Martha Langston Survey and the north boundary line
of said Sylvester Williams Survey,
THENCE west with the north boundary line of said Williams
Survey, 987 5 feet to a corner, said corner being in the north
boundary line of said Williams Survey and the southwest corner
of said Langston Survey,
THENCE south 2242 0 feet to a stake for corner in the north
boundary line of said public road,
THENCE east with the north boundary line of said road, and
parallel and 16 0 feet north of the south boundary line of said
250 23 acre tract, to the place of beginning, containing 50 82
acres of land,
SAVE AND EXCEPT THE FOLLOWING TRACTS
1 One (1) acre of land deeded by James R Neblett et ux,
Oneita Neblett to David Harold Ratliff by deed dated
January 31, 1980, recorded in Volume 999, Page 7, Deed
Records, Denton County, Texas
2
Two (2) acres
of land deeded by James R Neblett et ux,
Oneita Neblett
to J A Boyd by deed dated May 12, 1980,
recorded in Vo
lume 1016, Page 716, Deed Records, Denton
County, Texas
3
Three (3) acres of land deeded by James R Neblett et ux,
Oneita Neblett
to Gary F Moerbe by deed dated January 12,
1981, recorded
in Volume 1055, Page 5, Deed Records,
Denton County,
Texas
4
Two (2) acres
of land deeded by James R Neblett et ux,
Oneita Neblett
to J Thomas Hinton and Diana Leslie Troutt
by deed dated February 20, 1981, recorded in Volume 1061,
Page 546, Deed
Records, Denton County, Texas
5
2 840 acres of land deeded by James R Neblett et ux,
Oneita Neblett
to Jack W Tillery by deed dated May 7,
1981, recorded
in Volume 1076, Page 252, Deed Records,
Denton County,
Texas
Two (2) acres of land deeded by James R Neblett et ux,
Oneita Neblett to Thomas Lee Long by deed dated May 6,
1982, recorded in Volume 1141, Page 829, Deed Records,
Denton County, Texas
Two (2) acres of land deeded by James R Neblett et ux,
Oneita Neblett to Merle Lynn Soltis by deed dated April
29, 1982, recorded in Volume 1143, Page 104, Deed Records,
Denton County, Texas
8 That portion lying within the Sylvester Williams Survey as
described in Judgment on Declaration of Taking to United
States of America dated July 15, 1981 recorded in Volume
1091, Page 27, Deed Records, Denton County, Texas
2298L
OF F T C E OF THE C= TY ATTORNEY
MEMORANDUM
TO Jennifer Walters, City Secretary
FROM Jeanette Scott, Legal Assistant
SUBJECT Title Policy--Purchase from James and Oneita Neblett
DATE July 18, 1988
Attached is the original title policy for filing in the official
records of the City Should you have any questions, please
advise
JEA E SCOTT
js
xc Roger Wilkinson, Right-of-Way Agent
Attachment
29811
Title USA Company of Denton
531 N Locust Denton Texas 76201
Post Office Box 518 Denton Texas 76202
(817) 387 6148 Metro 430 1884 or 430 1885
E'Jo1°TITLE
A USA July 12, 1988
The City of Denton, Texas
21-5 E Mr-K3.nney
Denton, Texas 76201
Reference Our GF33934-21
Purchase from James R Neblett and wife, Oneita Neblett
Dear Sir
In connection with the above captioned transaction, we enclose your Owner's
Title Insurance Policy, numbered OP403956
We now have a permanent file on your property and are in a position to render
excellent service should you have a need for our assistance
It has been a pleasure closing this transaction for you, and we hope to have
the opportunity of doing so again in the future
Very truly yours,
TITLE USA Company of Denton
Tommie Thompson
?Escrow Officer
MTN
Enclosure ,U L 1 8 1988
SCI LE OF ON
L DEPT
Title USA Insurance Corporation
Owner Policy
of Title
Insurance OP 403956
Title USA Insurance Corporation DALLAS TEXAS a Texas Corporation HEREINAFTER
CALLED THE COMPANY for value does hereby guarantee to the Insured (as herein
defined) that as of the date hereof the Insured has good and indefeasible title to the estate
or interest in the land described or referred to in this policy
The Company shall not be liable in a greater amount than the actual monetary loss of the
Insured and in no event shall the Company be liable for more than the amount shown in
Schedule A hereof and shall except as hereinafter stated at its own cost defend the
E~ TITLE Insured in every action or proceeding on any claim against or right to the estate or interest
in the land or any part thereof adverse to the title to the estate or interest in the land as
=USA hereby guaranteed but the Company shall not be required to defend against any claims
U based upon matters in any manner excepted under this policy by the exceptions in
Schedule B hereof or excluded by Paragraph 2 Exclusions from Coverage of this Policy
of the Conditions and Stipulations hereof The party or parties entitled to such defense
shall within a reasonable time after the commencement of such action or proceeding and
in ample time for defense therein give the Company written notice of the pendency of the
action or proceeding and authority to defend The Company shall not be liable until such
adverse interest claim or right shall have been held valid by a court of last resort to which
either litigant may apply and if such adverse interest claim or right so established shall
be for less than the whole of the estate or interest in the land then the liability of the
Company shall be only such part of the whole liability limited above as shall bearthe same
ratio to the whole liability that the adverse interest claim or right established may bear to
the whole estate or interest in the land such ratio to be based on respective values
determinable as of the date of this policy In the absence of notice as aforesaid the
Company is relieved from all liability with respect to any such interest claim or right
provided however that failure to notify shall not prejudice the rights of the Insured if such
Insured shall not be a party to such action or proceeding nor be served with process
therein nor have any knowledge thereof nor in any case unless the Company shall be
actually prejudiced by such failure
Upon sale of the estate or interest in the land this policy automatically thereupon shall
become a warrantor s policy and the Insured shall for a period of twenty five years from
the date hereof remain fully protected according to the terms hereof by reason of the
payment of any loss he they or it may sustain on account of any warranty of title
contained in the transfer or conveyance executed by the Insured conveying the estate or
interest in the land The Company shall be liable under said warranty only by reason of
defects liens or encumbrances existing prior to or at the date hereof and not excluded
either by the exceptions or by the Conditions and Stipulations hereof such liability not to
exceed the amount of this policy
IN WITNESS HEREOF the Title USA Insurance Corporation has caused this policy to be
executed by its President under the seal of the Company but this policy is to be valid only
when it bears an authorized countersignature as of the date set forth in Schedule A
President 8 Chief Executive 0/NCer
j1"5P CE'ri
tp
y0
OD
Attest Secretary
(D'18
EAL rf XPS ~O1tf
nviii~/11111
Texas State Board of Insurance Promulgated Form T 1 Owner Policy of Title Insurance 100Tx (REV 9-85) 4OM386H
Aollod slyj jo uoglpuoo Jo led e
awooeq IOU saop pue Aluo uogewJolul Jot sI aJnpaooad tumid
woo 10 aonou slgl 98L8L Xl ugsnV PAIS oiuloer ues
0l L 1, 0 juawlieda0 aoueinsul;o pieog ale;S 9y1 alwAA osle
Aew noA paAlosaJ iou sl walgoJd aqj 11 Aollod I Penns legj
Auedwoo eql of a3uM Jo luaBe eql loeluoa paps aneq noA legs
wlelo a lnoge Jo wnlwad moA Irl asue e4ndslp Aue plnogS
30110N 1NIVIdW00 L
algelelsuell lou Si Aollod s141 9
Z0ZgL sexal Alunoo wile(] sellep laals
weA IleC ( uogwodmo a0umnsul Vsn a111i of passalppe aq pe4s Auedwoo
aql pa4slwnl aq of paimbou Buqum u1 luawalels Aue pup Auedwoo aql uaAlb
aq of pannbou soogou Ile pup Aollod s1y1 )o SUOISIAOJd app uo paseq aq lsnw
Japunwaq palnsw 0110 a41 10 smels aql to lno it Auedwoo all Iswe6e
buuq Aew in aneq Aew palnsul aql legs uogoe to slLibu J0 suolloe uouae Auy
138JILM3 QUIpJ3 Aa110d 9
salpaww Jo s1481i Lions Bu1A(onul uo11e6gq Jo uo0oesuell Aug us pamsul
aql to aweu pill asn 01 Auedwoo a4i pwlad (legs pup uoge6olgns
to Iglu gans 100;Jed of Jawo w Alessaoau A1Jadold Jo uoslad
Aue 1su1e6e sapawa pue s146u Ile Auedwoo aq1 co Ja;sueJJ (laps
Auedwoo agl Aq poisonba ;1 pamsul agl wlelo gans w loodsaJ
w Alladwd Jo uoslad Aug ]swe6e palnsul aLp ;o salpoww pue slgbu
lee as pa011ua aq pup of pale6olgns aq pegs Is Pup pwnsul pill ;o lag
Aug Aq polaa;;eun Auedwoo a4i w lsaA (laps uoge6olgns to Iglu Ile
Aollod s1ul7 Japun weep a pa0las aneq (laps Auedwoo aql JanauagAA (le)
Awlod s1g1 Japun Auedwoo pull;o Allpgeq
Ile aleumial lope Auedwoo aui Aq Aollod dull ;o lunowe jjnl aql
to wawAed to Japual x luawAed agl Jaglmj weep gans as se Jap
unwag Auedwoo aLil io Allllgell lie aleulwlol (legs Aed as Japunala4
paleBllgo sI Auedwoo a41 yolLim sasuadxa pue seal AawW1e slsoo
Ile qUM Jagla6ol luawAed ;o Japual in luawAed gans pue Aogod
s143 Aq Iswe6e palnsul weep Aue palnsul ag1 in aweu 041 w Jo Jol
asmomWOO Jo spas Jo Aed of uogdo 9111 aneq (laps Auedwoo ayi (a)
Aollod sips Japun pamsul
ag1 of wawAed a paweap aq laps pled as lunowe ail] pue pool
agl ups uall Jo aBJego a s1 possum pamsul aLi1 Aq palnoaxe Jalleaa4
luawnJlsw Aug Jo uiejaq of paldaaxa uaq hue ;o Awoud Jo AUpIIeA
a41 bunnsw Aagod Aue Japun And Aim Auedwoo aui lunowe Aue
Aq paanpaJ aq pegs Aollod dull ;o lunowe aui pue owes wtl slue
Anew agi to lunowe aq1 aanpeA (legs sasuadxo pue seal Aamolie
slsoo Jol spew sluawAed ldaoxe Aogod s141 Japun sluawAed IIV (q)
Auedwoo agl;0 loasuoo uallum Ina
gum lens Jo wlelo Aue Bwplas us palnsul aLil Aq pawnsse AluelunlOA
AuI1gwl Jo; Aollod slgl Japun algeulelwew aq An asue Hope w1eI3 ON (a)
ssol;o puewAed b
Aollod sim 10 U0ISIAOId Aug aAIeM Jo A11110211 anaaUpo
w play aq AgOomj iou pe4s Aueawoo agl pup Allllgell ;o uolsslwpe
ue se pannsuoo aq iou (legs gloq Jo pamsul se a0q 041 gsgqelsa of
Jo palnsul aql to asua;ap 041 lo; Auedwoo oql Aq wi let uogoe Auy 111
pann sw as asuodxo Aug Jol pansw gans asmgmla (legs
Auedwoo app pue Bulpaoowd to uogoe Lions Bulpualop Jo 6ugna
asoid Jo sassawlm 6uwlelgo sauapIAa BUIJJJaaS JUGULM lJas BugOal;a
ul bwpeaoold Jo uogae Lions Aue ul pie algeuosew Ile Auedwoo
ay1 aA18 pegs pamsul Lions Auedwoo aull Aq palsonbei JanauagM (a)
J0p1o An lusw6pnf aslanpe Aue moll leadde w uogaoslp alos sll u1
114611 ag1 SGAJasaJ Alssaldxa pup uogwpsunl waladwoo ;o lmoo e Aq
uonewwlalop ou4 07 uogebgll Lions Aue onsind Aew Auedwoo sup
Aollod s141 10 SUOISIAwd agl Aq pglpmlad so papnb i se asuejap e
pasodlalw JO uogoe Aue lgbnwq ane4 pegs Auedwoo oql JanauagM (p)
walaq 9 U(I I to uoleUIgmoa
P ajellapun (9) Jo IDej9p 40 wlela aslanpe aowwgwnoua uaq ayl
bulblegaslp luawnoop 1a41o to asealaJ a anods (9) loalap Jo m Lilo
aslanpe aouelgwnoua uaq pull JO; uolldaoxa lno4pm aouelnsw apq to
(souAogod a ;o eouenssl sp ypm uoloauuoo u1 Auedwoo eouelnsul
apq lagloue Apuwapw (ti) ueol 041 )o lunowe 0111 Aollod ea6e6llow
e t1 In AlJadoid a111 ;o anleA llama aql of ones wnowe up w
ail w Aoilod pies 10010p 10 uJlep aslanpe aouelgwnoue Lail pup Jo;
uogdaaxa Inoypm aouemsw apq ;o Aollod e Aollod s1g1 Aq palnsw
puel aql u1 lsalalul to alelsa a4i ;o Japjog Jo aa6e61Jow Jaumo
Rlanhosgns e w Jo pwnsul manno aql o1 anssl lolalagl saBJego pue
wMwpJd aleudwdde to luawAed uodn (e) Aollod slgl Us paplAOJd
se pamsul aql Alluwapul (Z) palnsul se wwsa aq1 of apq oql moll
loalap Jo wleja aslanpe aoueigwnoua will a41 Jealo of sl3wpaa3oid
Alessaoau still alnpisw (I) suolloe 6wmollol pill ;o ouo avel (laps
Auedwoo 041 pgeA s1 loalap Jo weep aslanpe aauelgwnoua uaq
aql let-11 sapnlouoo Auedwoo aLil is uogewwlalop slJ Jo; suosea
pull to palnsul Ggl OSIApe Allao4loads pegs Auedwoo aqi panssl sem
Aollod slgl goigm 411m uogaauuoa u1 uollaesuwl pull l0 6ulsop aql
Us passalppe asIMJaLilo gem Jo Aogod slgJ Aq p8J8AO3 mu s1 loalap
Jo 11111310 aslanpe aouwgwnoua will aql legl sapnpuoo Auedwoo
aql ll Aollod 041 Japun 86Jego Jo weep s palnsul GqI to Appgenw
An A11PIIeA Ogl 01 se U01jeuIWJOIOP 511 ;o awls alge UOSOOJ a u1411M
buqum u1 palnsul a47 A;gou (lope Auedwoo pill alnlels uo mel Aq
paneq iou pue pIIeA s1 1081ap 40 weep aslanpe aouelgwnaua uaq a41
laglagm awwlalop of 06Jeyo Lions 0101ISanw Alldwold pegs Aued
woo aull /rlgod slgl to 9BeJano3 pus wall paldaaxa Jo papnjoxe IOU
s1 go14m Aagod s1Lil Aq palnsw puel aql u1 lsalalul so alelsa ag1 of
ally us malop 1agio Jo weep aslanpe aauelgwnoue uall a;o walay
palnbaJ se Auedwoo pup saggou palnsul pull Aollod 041 ;o alep agl
Jai;e uagM Aollod SI41 10 UOISIAold Aug OA1eM Jo A7glgeq epaouo s
AgoAegi iou joys pue Japunala41 algeq aq Ile4s 31 iou Jo Ja43a4m
Aollod a41 ;o swla aqj Japun uolloe aleudoldde Aug ales Aew Aped
woo rill pue palnsul as IsoJelul Jo alelsa pgl of pill pill gsggelso
of algensep Jo Alessaoau aq Aew uowldo s11 w ul3l4m tae Jaglo Aue
Up of Jo Bwpaaowd Jo uogoe Aue alnoesoid Aelep anpun 1no411m
pue alnplsw 01 lsoa UMO Sp Is l4Bu aLi1 aneq llegs Auedwoo a4i (a)
asue;ap pies ;o Icoluoo aloldwoo aneq peps lesunoo
Lions pue 6ulpaeowd Jo uo1lae Aue puelop Ol pallnbal sl 11 JenauegM
aolo4o Limo s11 ;o lasunoa ]oohs o114fiu 041 aneq pays Auedwoo a4i (q)
asodmd Lions Jol
palnsul a41 ;o aweu pull uogdo sp1 le asn 0111 uwlad Pug ulaJagl
sleedde lee pue Bulpoeocud Jo uogoe Lions w esua;ap aplAold os
w lg6u a4l Auedwoo pull o1 alnoes pays pwnsul aqi Bulpaaowd Jo
u0110e Aue 10 OSUOpp 9g1 JO; seplAoid Aogod smi we4m saseo Ile ul (e)
suOII;o uolnaesoJd pue asue;e0
palnsul Aug
;o asnods us to Aue p s14Bu d14s1oA1Alns Jo Aliecoid Apunwwoo
m pealsawo4 pull (9) Jo Aollod slgl Aq pamsul lsalalw Jo alelsa
a41 Jol anleA pled pay pwnsul gill p peweisns uaaq ane4 iou lonom
Li31gm aBewep Jo ssol us BuglnsaJ (g) Aollod dull ;o plop a41 of
luanbasgns papeaJO In Bululoelle (17) palnsul a41 01 aBewep Jo ssol
ou us 6w11nsaJ (E) Japunaia4 pamsul us aweoaq pamsul Lions olep
oql of Joud Auedwoo ag1 01 pamsul sqj Aq Buqum u1 posopslp IOU
pue Aollod s141 Aq pwnsw lsalalul Jo alelsa us palnboe pamsul a4i
glop eLi1 Is Jo Aogod dull ;o apple 041 Is Jaglia pwnsul gill 01 umou>
1nq splooei oggnd a41 Aq umo4s iou pue Auedwoo pill of umou>
IOU (Z) pamsul oul Aq of paaBe Jo pawnsse peopling poleoucs
(l) sJellew JaLipO Jo swlaja aslanpe seouaugwnou9 suall sloa;aO (p)
awes pull ssoJoe pue Buole puawasee;0
146u Jo maJa4i ssoooe ;o lg6u Jl94l Jo uogelaBaA ;o Gull 841 01 apq
mol ueaw to Gull a111 moil Bulpuelxa ague pull u1 Apelauab wlgnd 041
Jo sexai;o alelS 041 ;o siswaml m slLi6u aql Jo slg6u ue iedu 0l Jo
91 IeIagllJe Jo spuel u1 00111; 01 Jo JUGUJUJOAO6 Aue Aq peeue4o
so pagsllge;so se sawl peagjInq Jo Jogleq 941 Vo awl a111 puoAeq
spuel of Jo uogelaBaA 10 Bull 9111 Ol apq Mal ueaw ;o pull 841 woJJ
Bulpuaixe pool Aue o1 Jo sueaoo Jo s;lnb sAeq sajel sweeils pue
S1eAll lemualad An algeBlAeu ;o spaq Jo salogs a4i BUISIJdwpa spuel
Jo spuelepq of sagque Jeulle, Jo sluawwanOB suogelotlloo suosuad
op pauwll IOU lnq Bulpnlaul auoAue Aq palJasse slgBu Jo sally Auy (o)
saouewpio
Bumoz pue Bulppnq of pallwq tau 1nq Bulpnpul uogelnbaJ leluaw
UJOA06 Jo D0UeuIpJ0 mel Aue to soouenbosuoo a11p pue ;owaq else
a41 le splp0w aljgnd a41 w sueatlde s148u Lions to aslolaxe 041 ;o
aalou ssolun wewop luoulwa 40 Jamod sogotl ;o s146u Ieluemmanolo (q)
NOIltl133dX3 31WON033 VO A11N
n1NOddO d0 SSOI WON a3enSNl 31111 AS 030N31N13sodend ANV
WOd 030VO1HOW MO 03SV31 03el13dSNI OIOS 03sn 39 Ol
11 M011V O.J. A11J3dOHd 03mnSNl 31111 NI 3111131VnD30V d0 AM 19)
BUIMOIIOI
aql Io uoseaJ Aq a6ewep JO ssol lsulefie sinew iou saop Aollod sigi
Aollod 9141;o e8elen00 041 wcu; su0lsnlax3
;owagl sauelw;auoq ag1
of 1snil Lions ;o slasse 941 10 lied Jo lee ;o uwlnquislp pull
woJ; B1u11nsai 1snJl JO ealsn l a of lswelul UI SJOSS930ns alll IIIA)
JO wownJlsw 1snil uallum
e w paweu aalsnlp a;o aalswl ainlgsgns Jo Josseoons 041 pA)
uogeplnbll alaldwoa Jo Ielued
open a7nJUSA lwol flans ;o slasse ag1 ;o uollnqulslp a111
moil Buglnsou amJUGA 1wOl a 01 lsmslul ul wossaaons oql (A)
uogeplnbll aleldwoo Jo jellied Loco d14sioulied papmq uo
jelamiB Lions ;o slasse ayJ;o uoingalslp aql woJl bu111nsou
dlLiwaulied pallwq to Iweuab a of lsalawl u1 slossooons pill (Ail
aleulwlal IOU saop lnq sanlosslp gol4m d14s1aulied
paAw1l Jo IwaueB a of lsalelul w slossaaans dlgsuaulled ayJ (1111
uoneplnbll alaldwoa Jo jellied open uogelodloO Lions
to glossa aql ;o uognqulslp ag3 Jo uogepgosuoo Jo Ja6Jaw
ww; Buglnsai uogelodloo a of lsalelul m slossooons 841 (n)
slolwlswlwpe pup sminoexa saalnqulslp SGOSIAep SAIa4 (1)
Bulmopol ag1 of palw l iou 1nq
Bwpnpw asegoind moil pa11sln6ugslp as met to uogwado Aq pamsul
paweu flans 10 lswalul 047 w spaeoons oqM AJgwa Jo uoslad Aug
asegolnd moil pagsln6ugslp se mel 10 uogelado Aq pansul paweu
gans ;o lsalalul pull of speaaons opm Allue Jo uoslad Aue Jo palnsul
paweu agl 7sulebe pay aneq Aew Auedwoo 047 sasualap so 914Bu
Aue of ioafgns pue y alnpagoS u1 paweu pamsul a4i pamsw (a)
paglaads;l Jnoq Bwpnplu BURP angaa;;a Opi alep (11)
spiooaJ agqntl Ape 10 uoseaJ Aq palnsul all of palndwl aq Aew 4olLim
aoeou Jo o6pajmowl engonJisuoo iou o6pelmoull Ienmy o6polmowl (a)
puej aLiJ 01 Bugelal slallew
;o aagou OA1mnJlsuoo 1Jedw1 g3114M 9pJO0w 9sogi sploow agqnd (q)
Aliedoid
jeaJ alnpisuoo mol Aq 4a1Lim olala4l pail;;e sluawanoldwl pue y
alnpegog w aouaia;ai Aq Jo Apeoilmods paquosap puel a4i puel (e)
ueaw Aagod s1Li1 u1 lasso uagm swlal Bwmollol eql
suopluge0
SNOIltllndus aNV SNowaN00
SCHEDULE A
Amount $123,596,00 Owner Policy No OP 403956
GF or File No 33934-21 TJT Date of Policy July 12, 1988
Name of Insured The City of Denton, Texas
1 The estate or interest in the land insured by this policy is Fee simple
(fee simple leasehold easement etc -identify or describe)
2 The land referred to in this policy is described as follows
• SEE ATTACHED FOR LEGAL DESCRIPTION
Title USA Insurance Corporation/ 1301 Me I St Dallas Texas 75202
100TX A (Rev 7 80) 30M687H
To a State Board of I s a P orrulpated Form T 1 Owner Policy of T tie Insu once - Schad Is A
Attached to and made a part of Title USA Insurance Corporation Policy Binder or Commitment No
All that certain tract of land situated in the Sylvester Williams Survey,
Abstract Number 1322, Denton County, Texas and being a part of the called
50 82 acre tract described in the deed from Lonnie H and Pauline Moseley
to J H and Cords Neblett recorded in volume 368, Page 354 of the Real
Property Records of Denton County, Texas, the subject tract being more
particularly described as follows
BEGINNING for the northeast corner of the tract being described herein, at a
Government marker stamped 204-2, 209-1, 1982 situated at the southeast corner
of the called tract described in a judgment in favor of the United States of
America (hereafter referred to as "the U S A 11) recorded in Volume 1091, Page
27 of the Real Property Records of Denton County, Texas, also being the
southwest corner of a tract described in the deed from Alfred B Coulter at
ux to the U S A recorded in Volume 1101, Page 702 of the Real Property
Records of Denton County, Texas,
THENCE south 00 deg 451 1011 east with the west line of the Alfred B.
Coulter Tract recorded in Volume 383, Page 552 of the Denton County Deed
Records a distance of 1398 02 feet to an iron rod set at the northeast
corner of a tract described in the deed from Jack and Edith Tillery to R L
Skipper recorded in Volume 1599, Page 29 of the said Real Property Records,
THENCE south 89 deg 471 4611 west a distance of 552 19 feet to an iron rod
found at the northwest corner of the tract described in the deed from
Diane Leslie Hinton to Cornelius L Mills at ux recorded in Volume 1518,
Page 26 of the Denton County Deed Records,
THENCE south 00 deg 151 2011 east with the west line of the Mills Tract a
distance of 696 49 feet to an iron rod found at the southwest corner of the
said Mills Tract on the north right-of-way of a public road and the south
boundary line of the Neblett Tract,
THENCE south 89 deg 501 4411 west with the south boundary line of the
Neblett Tract along the said right-of-way a distance of 60 00 feet to an
iron rod set for the southeast corner of a tract to D H Ratliff recorded
in Volume 999, Page 7 of the Denton County Deed Records,
THENCE north 00 deg 151 2011 west with the east line of the Ratliff Tract
and the east line of the tract described in the deed from J H Neblett to
G F Moerbe recorded in Volume 1055, Page 5 of the Denton County Deed Records
a distance of 696 74 feet to an iron rod set for the northeast corner thereof,
THENCE north 89 deg 551 1611 west with the north line of the Moerbe Tract
a distance of 250 81 feet to an iron rod found at the northwest corner
thereof and the northeast corner of a tract described in the deed from
J H Neblett to J A Boyd recorded in Volume 1016, Page 716 of the Denton
County Deed Records,
THENCE north 89 deg 431 0811 west with the north line of the Boyd Tract
a distance of 125 01 feet to an iron rod found, the northwest corner thereof
in the west line of the Neblett Tract,
THENCE north 00 deg 351 4011 west with the west line of the Neblett Tract
along a fence a distance of 1245 40 feet to a Government marker stamped
109-2, 204-1, 1982 situated at the southwest corner of the said 45 25 acre
MISC INSERT 5OM487H
Attached to and made a part of Title USA Insurance Corporation Policy Binder or Commitment No
U S A Tract,
THENCE north 81 deg 071 16" east along the Government property line and
below the dam at Lake Ray Roberts a distance of 994 48 feet to the PLACE
OF BEGINNING and enclosing 30 899 acres of land
MISC INSERT 5OM487H
SCHEDULE B
Owner Policy No OP 403956
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements insured
if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this policy
1 The following restrictive covenants of record itemized below (the company must either insert specific recording data or state
None of Record )
None of Record
2 Any discrepancies conflicts or shortages in area or boundary lines or any encroachments or any overlapping of im
provements
3 Taxes for the year 19 a`and subsequent years, and subsequent assessments for prior years due to change in land usage
or ownership Not yet due and payable
4 The following hen(s) and all terms provisions and conditions of the instrument(s) creating or evidencing said lien(s)
5 Easement dated July 17, 1945, executed by L H Mosely and wife, Pauline
Mosely to Denton County Electric Cooperative, Inc , shown of record in Volume
403, Page 346, Deed Records of Denton County, Texas
6 Any portion of the property herein described which falls within the
boundaries of any road or roadway
7 Visible and apparent easements on or across the property
JITLE USA COMPANY OF DENTON /
Tommie Tholof Zrt Vft fwn0eficer
Title USA Insurance Corporation 11301 Me St Duties To as 75202
To as State Board of Insu ante Promulgated Form T 1 Owner Policy of Title Insurance - Schedule B
100Tx4 (Rev 343) 60M386H
GF #33934
2251
Papand bs the State Bar of Tl Cal for uu M Ia"NLr%only
RLVIxA 10 85
o ivx~ n in, ti i n i i
WARRANTY DEED
REAL PROPERTY RECOROS
Date
Grantor
July 1, 1988
James R Neblett and wife, Oneita Neblett
Grantor s Matting Address (including county) 2003 Sena
Denton, Texas 76201
County of Denton
Grantee City of Denton, Texas
VOL 2412PAGE541
.'32882
Grantee s Matting Address (including county) 215 East McKinney
Denton, Texas 76201
County of Denton
Consideration Ten and No/100 ($10 00) Dollars and other good and
valuable consideration
Property (including any improvements) (See Exhibit "A" attached hereto )
Reservations from and Exceptions to Conveyance and Warranty None
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 to any wise belonging to
have and hold it to Grantee Grantees heirs executors administrators successors or assigns forever Grantor binds Grantor
and Grantors heirs executors administrators and successors to warrant and forever defend all and singular the property to
Grantee and Grantees heirs executors administrators 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
TOZ9L srexas ruo;uaa
SauuTgoW ISVH 4T9
GOTaao s,fauaogTV S~TO
dO HJIddO MV"I 3HI NI a311Vd311d
sandxa uolsslwwoa s 6ieloN
(paluud) aweu s dieloN
sexayjo alelS aggnd,GeluN
TOZ9L Svxay `uo4uga
AauuTgoW 4sva 9TZ
aaT330 s,AOUJO:~TV A4TO
Ol NW11311 ONI(1N03921 IIH,LdV
uotmodioo pies jodlsgaq uo uogejodioa e
,)o
Sq
61 }o ,Cep aql uo aw ajojaq paSpalmoulae sum luawlulsw slgy
10 AINfIOJ
SVX31 d0 RIVIS
(juaw8palmou3jaV ale.wdaoj)
sandxa uolsslwwoo s 6le]oN
(pawud) aweu s fMON
Sexayjo alelS aggnd tieloN
dff 44@TgaN eau0
88 61 Jo,Cep 4
sam» rlwwOb KW t ;
LlWtry e, 1
+r N; 4 lnlc ++f , 1
`a3Tm pine 4491gaN a saucer ,(q
aql uo aw aiojaq paEpalmouloe sem luawnilsw slgy
NOZNHG d0 AIN00J
SVX31 d0 31VIS
(luawspalmou3lav)
iiaquax vino zia aaN u saWvr
L
Z~SBVJZTt710A
VOL 242PAGE54J
EXHIBIT "A"
All that certain tract of land situated in the Sylvester Williams
Survey, Abstract Number 1322, Denton County, Texas and being a
part of the called 50 82 acre tract described in the deed from
Lonnie H and Pauline Moseley to J H and Corda Neblett recorded
in Volume 368, Page 354 of the Real Property Records of Denton
County, Texas, the subject tract being more particularly
described as follows
BEGINNING for the northeast corner of the tract being described
herein, at a Government marker stamped 204-2, 209-1, 1982
situated at the southeast corner of the called tract described in
a judgment in favor of the United States of America (hereafter
referred to as "the U S A recorded in Volume 1091, Page 27 of
the Real Property Records of Denton County, Texas, also being the
southwest corner of a tract described in the deed from Alfred B
Coulter et ux to the U S A recorded in Volume 1101, Page 702 of
the Real Property Records of Denton County, Texas,
THENCE south 000 45' 10" east with the west line of the Alfred
B Coulter Tract recorded in Volume 383, Page 552 of the Denton
County Deed Records a distance of 1398 02 feet to an iron rod set
at the northeast corner of a tract described in the deed from
Jack and Edith Tillery to R L Skipper recorded in Volume 1599,
Page 29 of the said Real Property Records,
THENCE south 890 47' 46" west a distance of 552 19 feet to an
iron rod found at the northwest corner of the tract described in
the deed from Diane Leslie Hinton to Cornelius L Mills et ux
recorded in Volume 1518, Page 26 of the Denton County Deed
Records,
THENCE south 000 15' 20" east with the west line of the Mills
Tract a distance of 696 49 feet to an iron rod found at the
southwest corner of the said Mills Tract on the north
right-of-way of a public road and the south boundary line of the
Neblett Tract,
THENCE south 890 50' 44" west with the south boundary line of
the Neblett Tract along the said right-of-way a distance of 60 00
feet to an iron rod set for the southeast corner of a tract to
D H Ratliff recorded in Volume 999, Page 7 of the Denton County
Deed Records,
THENCE north 000 15' 20" west with the east line of the Ratliff
Tract and the east line of the tract described in the deed from
J H Neblett to G F Moerbe recorded in Volume 1055, Page 5 of
the Denton County Deed Records a distance of 696 74 feet to an
iron rod set for the northeast corner thereof,
THENCE north 890 55' 16" west with the north line of the Moerbe
Tract a distance of 250 81 feet to an iron rod found at the
northwest corner thereof and the northeast corner of a tract
described in the deed from J H Neblett to J A Boyd recorded in
Volume 1016, Page 716 of the Denton County Deed Records,
THENCE north 890 43' 08" west with the north line of the Boyd
Tract a distance of 125 01 feet to an iron rod found, the
northwest corner thereof in the west line of the Neblett Tract,
THENCE north 000 35' 40" west with the west line of the Neblett
Tract along a fence a distance of 1245 40 feet to a Government
marker stamped 109-2, 204-1, 1982 situated at the southwest
corner of the said 45 25 acre U S A Tract,
THENCE north 810 07' 16" east along the Government property
line and below the dam at Lake Ray Roberts a distance of 994 48
feet to the PLACE OF BEGINNING and enclosing 30 899 acres of land
Q*` Yt,l ~ ~PaGE~44
l`
bU1H4!•TEXAg gr~
comac..* TOM
~'~'IMfyMhw'i Bhrsvasgramam(was ~iled~,AIM
'40MI iletnm by me and was dtNp.
66rd6~'unr xt vokmta gnOf6e imanamed
di'Pfnr~hrnkmiu~y,' emMdB
JUL 121M
(
M (
N ~
i
d
(I `
a"W*ftftiaWWQ,ndWrW „