2014-042AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ON BEHALF OF THE CITY OF DENTON, TEXAS A MEMORANDUM OF
AGREEMENT ("MOA") CONTEMPLATING A REAL ESTATE CONVEYANCE FROM
THE CITY OF DENTON TO THE STATE OF TEXAS, OF A 15,740 SQUARE FOOT TRACT
OF REAL PROPERTY, IN THE EUGENE PUCHALSKI SURVEY, ABSTRACT NO. 996,
CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF LOTS 9,
10 AND 19 OF THE FOXHUNT ADDITION, GENERALLY LOCATED AT THE
NORTHWEST CORNER OF UNDERWOOD STREET AND KENDOLPH DRIVE, DENTON,
TEXAS (THE "LAND"); AUTHORIZING EXECUTION OF A DEED WITHOUT
WARRANTY (HEREIN SO CALLED) CONDITIONALLY EFFECTUATING SUCH REAL
ESTATE CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Texas has requested the City of Denton to convey the Land to it
in connection with reconstruction and widening activities of IH 35E (North section) through
Southeast Denton County, known within the City of Denton as northeast corner of Underwood
Street and Kendolph Drive, such activities to occur from approximately Farm to Market 2181 to
US 380 (the "State Project");
WHEREAS, The State has agreed to compensate the City of Denton, Thirty Three
Thousand Five Hundred Seventeen and No/100 Dollars ($33,517.00) for the conveyance, said
amount being the fair market value thereof;
WHEREAS, the terms of the conveyance by the Deed Without Warranty have been
determined to be reasonable and fair, and to constitute the fair market value of the Land, by the
City Council of the City of Denton. NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SEC]ION 2. The City Manager, or his designee, is hereby authorized to execute the
MOA, attached hereto and made a part hereof as Exhibit "A", contemplating the sale and
purchase of a 15,740 square foot tract, as more particularly described in the Deed Without
Warranty.
SECTION 3. The City Manager, or his designee, is hereby authorized to execute a Deed
Without Warranty from the City of Denton to the State of Texas, in the form of the Deed
Without Warranty attached to the MOA and made a part thereof for all purposes as Exhibit "A",
conveying a 15,740 square foot tract of land, for expansion and reconstruction of I -35E from
Farm to Market Highway 2181 to US 380, as more particularly described in the MOA (Parcel
112)
SECTION 4. The Deed Without Warranty shall not be delivered to the State of Texas
unless and until it shall have delivered to the City of Denton payment in the amount of Thirty
Three Thousand Five Hundred Seventeen and No/100 Dollars ($33,517.00) as consideration for
the conveyance.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of -F -aaf _ 2014
M'11121 7 InA
. n1ROUG11S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR( /LE'D A. TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
MEMORANDUM OF AGREEMENT
EXHIBIT "A" to Ordinance 1 of 2
Date: January 23, 2014
City of Denton, Texas, A Municipal Corporation County: Denton
c/o Paul Williamson Highway No.: IH 35E
215 E. McKinney Street Location: Northeast corner of
Denton, TX 76201-4229 Underwood Street and Kendolph'
Drive
Project No.: IH 35E — Phase I
ROW CSJ No.: 0195-03-072
District: TxDOT - SPD
Parcel No.: 112
Dear Mr. Williamson: without warranty ("Reed"), attached hereto and made a part
thereof as Exhibit "A"
"
You have indicated a willingness to sign a deed for your property which consists of 0.3613 acres located
at Northeast corner of Underwood Street and Kendolph Drive, Denton, TX. .
It is important to confirm this agreement in order to avoid any possible misunderstanding as to the
details of the purchase or the process by which the Texas Department of Transportation (TxDOT) will
make payment. The payment of $33,517.00 as herein agreed will constitute full payment to be made by
TxDOT for the property to be conveyed to the State.
TxDOT and the owner(s) have agreed to the following provisions.
Until payment is made by TxDOT, title and possession of the property to be conveyed remains with you.
You shall bear all risk of loss to any and all such property prior to such payment. Either you or TxDOT
shall have the right to terminate this agreement.
The payment of the amount herein stated and the terms provided constitute the only promises,
consideration and donditions of this purchase; and no other promises, consideration or conditions have
been signified or implied, save and except any benefits which may accrue under the State's Relocation
Assistance Program and the mutual benefits to be derived by you and TxDOT from the signing of this
agreement.
The State, without cost to the owner, will pay the cost of recording all instruments conveying title to the
State. Deed"=x
With your signing of this agreement and execution of the geed the State will proceed
with the issuance of a State warrant which will be made out jointly to you and to Universal Land
Title of Texas.
Form SPD -ROW -N-1 (Rev. 09112) Page 1of2
* N
MEMORANDUM OF AGREEMENT
EXHIBIT "A" to'Ordinance 2 of 2
This company has been designated as the State's closing agent and is responsible to see that TxDOT
obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At
the same time, you have the right to withhold endorsement of the warrant and not accept payment until
you are fully satisfied on all details of the transaction.
Sincere�l
Elain Verver, SR/WA
ROW Acquisition Manager
I (We) fully understand the Texas Department of Transportation proposal as contained in this agreement
and hereby acknowledge receipt of the brochure entitled "Relocation Assistance. "
I (We) understand that relocation assistance benefits are handled entirely separate from and in addition
to this transaction and agree that my (our) execution of the Right of Way Deed is based on this
understanding.
CITY OF DENTON, TEXAS 'I`gxa I gine-rulc municipal corporation:API�ItOIS IAS TO LEGAL FORM;
*.- W
W��..._
Property Owner's Signature _
George C. Campbell 71 a ,Krgess, City Attorney
CITY MANAGER
Date 1 ao
A T 'ST:
Jen ife ° 'Walters, City Secretary
Form SPD -ROW -N-1 (Rev. 09112) Page 2 of 2
Date
Vniveersal Land Title of Texas - 704-67442
Doc44406
c5Y
it. .... . . .... . ......... ...
111013111VAINVII 0 6 ,
This Deed Without Warranty, dated this lrday of--- —1)(ItArlj 2014,
is by and between the City of Denton, Texas, a Texas home -rule municipal -dorporatioll
("Grantor"), whose address is 215 E. McKinney, Denton, Texas 76201 and the State of
Texas, acting by and through the Texas Transportation Commission ("Grantee"), whose
address is Temas Department of Transportation, 125 E. 11 h Street Austin, Travis County,
Texas 78701,.
WHEREAS, Grantor is the owner of certain lands, being 15,740 square feet in
size, more or less, located in the Eugene Puchalski Survey, Abstract No. 996, City of
Denton, Denton County, Texas, and being a portion of Lots, 9, 10 and 18 of the Foxhunt
Addition, an Addition to the City of Denton County, Texas, being more particularly
described on Exhibit "A", attached hereto (the "Land");
WHEREAS, the Grantee is in need of said Land in connection with the
construction to, and improvement of, 135E (North section) through Southeast Denton
County, located roughly between Farm to Market Road 2181 to US 380 (the "Project");
WHEREAS, Grantee possesses the authority to acquire the Land, including
through the exercise of eminent domain, pursuant to, without limitation, Chapters 203,
224 and 361 of the Texas Transportation Code;
WHEREAS, Grantor covenants to utilize the Land solely for road or highway
purposes;
WHEREAS, Grantor now desires to convey the Land, as set forth below, to
Grantee.
TINIZ.
Universal Land Title of Texas - 704-67442
Doc -44406
NOW, THEREFORE, the City of Denton, Texas, a Texas home -rule municipal
corporation, for and in consideration of the sum of One and No/100 ($1,00), and other
good and valuable consideration to Grantor, the receipt and sufficiency of which are
hereby acknowledged and confessed, has, subject to the reservations set forth herein,
GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT,
SELL AND CONVEY, without warranty of any kind or type, unto the State of Texas, for
road or highway purposes, all of the real property located in Denton County, Texas,
described on Exhibit "A!', attached hereto,
COVENANTS OF GRAN'FEM.
1. Grantee covenants that it shall use the Land solely for road or highway purposes.
1*.SI,'R'VA'FI0N9, FPi,,0M CONVEYANCE.
1. Grantor reserves all of the oil, gas and sulfur and other minerals in and under said
Land but waive any and all rights of ingress and egress to the surface thereof for the
purpose of exploring, developing, mining or drilling for the same; provided, however,
that operations for exploration or recovery of any such minerals shall be permissible so
long as all surface operations in connection therewith are located at a point outside the
Land and upon the condition that none of such operations shall be conducted so near the
surface of said Land as to interfere with the intended use thereof or in any way interfere
with, jeopardize, or endanger the facilities of the Texas Department of Transportation or
create a hazard to the public users thereof; it being intended, however, that nothing in this
reservation shall affect the title and the rights of the Grantee to take and use without
additional compensation any water, stone, earth, gravel, caliche, iron ore, gravel or any
other road building materials upon, in and under said Land for the construction and
maintenance of the State Highway System of Texas,
2. Grantor reserves an easement in, on, over and across the Land, for the public and
itself, its successors and assigns, of ingress, egress and regress for pedestrian and motor
vehicle travel at all times, including without limitation, during construction activities
related to the Project,
EXCEPTIONS FROM CONVEYANCE.
Without limiting the gee end iwurc of the without warranty conveyance herein, this
conveyance is sLibject to thy: following exceptions:
Validly existing casements, rights of way, and prescriptive rights, whether of
record or not; all recorded and validly existing instruments, restrictions,
reservations, conditions and covenants that affect the Land; taxes that affect the
Land; discrepancies, conflicts or shortages in area or boundary lines or
encroachments or protrusions or any overlapping of improvements or roadways;
parties in possession of the Land.
Page 2 of 5
Universal Land Title of Texas - 704-67442
hoc -44406
REPRESEN1A]"IONS AND WARRANTIES Ol' GRAN'I1J1 .
Grantee represents and warrants to Grantor that it has made an independent
inspection and evaluation of the Land and the title to same and the ability and legal
authority of Grantor to execute and deliver this Deed Without Warranty and
acknowledges that Grantor has made no statements or representations concerning the
present or future value of the Land, the state of title of the Land, encumbrances upon the
Land, or the condition, including the environmental condition, of the Land or the ability
and legal authority of Grantor to execute and deliver this Deed Without Warranty to
Grantee.
GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT
WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, LACK OF
ENCUMBRANCES, VALUE, QUALITY, QUANTITY, PHYSICAL AND
ENVIRONMENTAL CONDITION OF THE LAND AND/OR MATERIALS
CONTAINED OR LOCATED IN, ON OR UNDER THE LAND, THE NATURE OF
THE PAST OR HISTORIC USE OF THE LAND, AND/OR MERCHANTABILITY OR
FITNESS FOR PURPOSE OF ANY OF THE LAND, ABSENCE OF LATENT
DEFECTS, COMPLIANCE WITH LAWS AND REGULATIONS, OR THE ABILITY
AND LEGAL AUTHORITY TO EXECUTE AND DELIVER THIS DEED WITHOUT
WARRANTY, Grantee further acknowledges that, in executing and accepting this Deed
Without Warranty, it has relied solely upon its independent evaluation and examination
of the Land, and public records relating to the Land and the independent evaluations and
studies based thereon. Grantor makes no warranty or representation as to the accuracy,
completeness or usefulness of any information furnished to Grantee, if any, whether
furnished by Grantor or any third party. Grantor, its officers, employees, elected
officials, independent contractors, and agents assume no liability for the accuracy,
completeness or usefulness of any material flu-nished by Grantor, if any, or any of its
officers, employees, elected officials, independent contractors and/or agents, and/or any
other person or party, if any and Grantee hereby releases such parties from and against
any and all claims related to such matters. Reliance on any material so furnished is
expressly disclaimed by Grantee, and shall not give rise to any cause, claim or action
against Grantor, its officers, employees, elected officials, independent contractors and/or
agents.
Page 3 of 5
Doc -44400
WARRANTY, OR OTHERWISE. Grantee has satisfied itself as to the title, type,
condition, quality and extent of the property and property interests which comprise the
Land.
Grantor, for the consideration and subject to the reservations from and exceptions
to conveyance, grants, sells, and conveys to Grantee the Land, to have and to hold it to
Grantee and Grantee's successors and assigns forever, without warranty, express or
implied, statutory or otherwise, and all warranties that might arise by common law and
the warranties created by Section 5.023 of the Texas Property Code (and all amendments
and successors thereto) are expressly excluded.
EXECUTED THIS DAYOF `(' , 2014,
JENNIFER WALTERS, CITY SECRETARY
BY
APPR4 ED A: "TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Lai I W&GI a1w
OJEO AGE C. CAMPBELL,
CITY MANAGER
Page 4 of 5
Universal Land Title of Texas - 704-67442
Doc -44406
This insti-Luncrit was acknowledged before Inc of ay 04 014,
6
by George C. Campbell, City Manager on behalf of the AImy- of �entoii, Texas(:�
y4 FN JFNiv+tR flX, WALTERS
Nolfiry Public, Statrc)! Texas
MY (�f) U'Pir('w'i
DQCfrilber 19, 2014
mfiofiffi� ME
r
tar r B
'�'taii of Texas
lic,
y C0111 lission expires:
This it)StrUment was, ackicowled ged before me on 1 day of 2014,
by
J -r*. behalf of the State of Texas.
�-Nolary Public, State of Texas
CHRISTOPHER MCCARTHY My commission expires:
Notary PubliG, Slate of Texas
My Commission Expires
Januofy 30, 2018
Page 5 of 5
Universal Land Title of Texas - 704-67442
Doc -44406
0,1146911,011UM "I.,
County: Denton
Highway: IH 35E
STA. 1983+26.96 to 1984+42.18
R.O.W. CSJ: 0195-03-072
Description for Parcel 112
n
Page I of 3
July 9, 2012
BEING 15,740 square feet of land, more or less, in the Eugene Puchalski Survey, Abstract No.
996, City of Denton, Denton County, Texas, and being a portion of Lots 9, 10 and 18 of the
Foxhunt Addition, an addition to the City of Denton, Denton County, Texas, as recorded in
Volume 292, Page 618 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and being a
portion of a tract of land conveyed by deed to the City of Denton, as recorded in Volume 352,
Page 162 of the Deed Records of Denton County, Texas (D.R.D,C.T.), said 15,740 square feet
of land being more particularly described as follows:
COMMENCING at the southwest corner of said Lot 9, said comer being the intersection of
the north right-of-way line of Underwood Street, a variable width right-of-way, (no deed of
record found), with the east right-of-way line of Kendolph Drive, a 60.0 foot wide right-of-
way, as per said Foxhunt Addition, from which a 5/8 inch iron pipe found bears North 45
degrees 47 minutes 55 seconds West a distance of 1.99 feet;
THENCE North 89 degrees 34 minutes 37 seconds East along the north right-of-way line of
Underwood Street, a distance of 99.61 feet to a 5/8 inch iron rod set with Texas Department
of Transportation (TxDot) 3-1/4 inch aluminum cap set on the new southwesterly right-of-
way line of Interstate Highway 35E and being the POINT OF BEGINNING at Station
1983+26.96,177.00 feet Left, and having a Texas State Plane Coordinate System, NA.D.83,
North Central Zone (4202), surface coordinate of North 7,124,49733, East 2,381,308.12; **
1) THENCE North 62 degrees 17 minutes 54 seconds West along the new southwesterly
right-of-way line of Interstate Highway 35E, a distance of 112.55 feet to a 5/8 inch
iron rod set with (TxDot) 3 -1/4 inch aluminum cap set on the said east right-of-way
line. of Kendolph Drive; **
2) THENCE North 00 degrees 02 minutes 32 seconds West along the east right-of-way
line of Kendolph Drive, a distance of 86.77 feet to a point for comer on the existing
southwesterly right-of-way line of Interstate Highway 35E as established by deed to
the State of Texas, as recorded in Volume 348, Page 282 (D.R.D.C.T.) and being the
beginning of a non -tangent curve to the right having a radius of 7,502.00 feet, from
which a TxDOT concrete monument found bears South 68 degrees 53 minutes 44
seconds East a distance of 5.25 feet;
3) THENCE along the existing southwesterly right-of-way line of Interstate Highway
35E and along said curve to the right through a central angle of 02 degrees 14 minutes
29 seconds, an arc distance of 293.46 feet and being subtended by a chord bearing
South 61 degrees 57 minutes 56 seconds East a distance of 293.44 feet to a point for
corner on the said north right-of-way line of Underwood Street;
Universal Land Title of Texas - 704-67442
County: Denton
Highway, IH 35E
STA, 1983+26.96 to 1984+42.18
R.O.W. CSJ: 0195-03-072
Description for Parcel 112
Page 2 of 3
July 9, 2012
4) THENCE South 89 degrees 34 minutes 37 seconds West along the north right-of-way
line of Underwood Street a distance of 159.30 feet to the POINT OF BEGINNING
and containing 15,740 square feet (0.3613 acres) of land, more or less.
** The monument described and set in this call, if destroyed during construction, may be
replaced with a TxDOT Type 11 Right of Way Marker upon completion of the highway
construction project under the supervision of a Registered Professional Land Surveyor, either
employed or retained by TxDOT.
All bearings are based on the Texas Stale Plane Coordinate System, N.A.D. 83, North
Central Zone. All coordinates shown are surface and may be converted to grid by dividing by
the TxDOT conversion factor of 1.000 150630.
For Huitt-Zollars, Inc
D. Rex Winchester
Registered Professional Land Surveyor
Texas Registration No. 5191
10 41 -ft -A,4014
0
Huitt-Zollars, Inc.
1717 McKinney Avenue
W �-
Suite 1400
Dallas, Texas 75202-1236
Ph. (214) 871-3311
5191
Date: July 1, 2011
Revised Date: July 9, 2012
Universal Land Title of Texas - 704-67442
Doc -44406
EXHIBIT "A"
Page 3 of 3
REPLAT OF BLOCK 2
CHAP AN ADDITION
VOL. 508, PG, 335 CITY Of- DEN'TON
D.R.D.C.T,
P.O.C. 112
18" IRON PIPE FND.
11 "a BEARS: N45'47'56"W-1,991
P.O.B. 112
G'AD
� :1 3
N=7124497.33N
E=2381308.12
9 3TA-1983+26.96
177.00' Irl 1 NEW. R.O.W. LINE
AD
CT
41-
4,
0
<0 ?�o
•
; , -0 0
�6 g) 11 — N TON,
aly 01,
0o , �p
'tl 1� 2,
00 -99 VOL-- 352, PC, 0
0,
�cp
90
-
F
0i)UNT AWTION
VOL, `292, PG. 618D. C. T. P
15,740
EXISTING R.O.W. LIN TXV I CONS; MOY,
BFARS568�5�'44'W
7`602 O 5-25
b9-'1 4 - - STATE OF TEXAS
VOL 348, PG. 282
STATE OF TEXAS.r GSI
S
pl, D.R.D C,T,
CONDEML GASE NO, 4150
FROM: R. L. HUNT
'Ile
K35E STATE OF TEXAS
STATE OF TEXAS CONDEM. GASC-Ab, 4150
FROM: R"L. HUNT
(VARIAL31 8 VOL 348, PG. 282
D. R. 0, C. T.
R. 0. WW6 TH)v hyo
EUGENE f)UCHA KI SUR VEY
A B S 7TIR? A C T°Izo. 9 9 6
LE2END-
EXISTING RIGHT OF WAY LINE
NEW RIGHT Or WAY LINE
A PLAT OF A SURVEY OF
PROPERTY LINE
SURVEY LINE
PARCEL 112
GRAPHIC SCALE
EXISTING EASEMENT LINE — — — — — — — — —
FOR INTERSTATE HIGHWAY 35E
- �!I
0. 25' 50�
ACCESS DENIAL LINE
ACCESS IS PROHIBITED ACRDS� THE "ACCI-��S DENIAL -c
A 5,740SQ. FT.p [0.3613 AC.
I
A 11 F VEARJN�� �TAIE PLA04 C�IQAOINATE
1[kD O, 4,3. NfArH CEN111AL 20NE
TO THE HIGHWAY FACILITY rOOm THE AO)ACr]NY PROPERTY
P.D.C. . POINT OF COMMENCING
TRACT OF LAND IN THE
0200�
ALL COORDIRAIIES SHOWN HURFUN ABC 5URFACE
COORDINATES USING A COMBINED SURFACE
P.O.B. - POINT OF BECINNING
EUGENE: PUCHALSKi SURVE y
ADJUSTMENT FACTOR OF 1.000150630,
D.A.D.C.T. ®DEEB EIECOfIDS DENTON COUNTY TEXAS
IRF IRON ROD FOUND
ABSTRACT NUMBER 996
NOTE, THIS MAP IS AN INTERNAL TXDOT DOCUMENT,
ITS CONTENTS SHALL NOT BE USED FOR ANY OTHER
PURPOSE,
AD TxDOT 3-1/4 INCH ALUMINUM CAP SET ON TOP OFA 5/8 -INCH IRON ROD UNLESS OTHERWISE NOTED
CITY OF DENTON
7ilk, UWJMF.NT DESCRIKO AN6I $f7 IN T10,; CALL,
BD TxDOT BRONZE DISK SET IN CONCRETE
DENTON COUNTY, TEXAS
If 0E5TRQYCQ DURING CONSTRUCTION, MAY Bt
REPi,ACFT� WTII A 11VOT TYPF II RIGHT OF WA�
GO TxDOT 2 INCH ALUMINUM CAP SET ON TOP OF A
5/8 -INCH IRON
DATE: JULY 9, 2012
MARKER UPON THE COMPLETION OF THE HIGHWAY
LOhSfRLICRON IRCJLCI UNDER THE SVPLRIASION OF
A R os'IERED PROFESadONAL
LAND SURVEYOR EITHER
EMPLOYED OR RETAINED BY TxDOT.
WFG National Title Company -
a Williston Financial Group company
June 19, 2014
City of Denton
215 E. McKinney Street
Denton,TX 76201
RE: GF#: 704-57442
Hwy: 35 E
Parcel :112
Dear Mr. Williamson,
In connection with the above subject property, please find enclosed a check in the amount
of $ 33,517.00 representing seller's proceeds; also please find copies of the signed
closing documents to keep for your records.
It has been a pleasure doing business with you. If you ever need title insurance, please
remember us.
Thank you so much
Sincerely,
Paula Threatt
Escrow Officer/ Transportation Division
3165 S. Carrier Parkway, Grand Prairie, TX 75052
972-206-7470
1-1 . ............. . . —
It YRNMINIAMM10-10TTY, _0FTlJl51MVRlT.'_Y,.
-A
-MIQFt,PMWINQ�,YOIL)-,P-ANTQ-O.RAPH—A-pp AFlTlfVJftVATERM_AflK QN MURSE51M, IN
evils fat� 4119350
NVFG NuOunal'I'MO C01HRAlly Tom' q -i Bank, NA,
liNcro1w Account
1165 South Curricr Nvkway iiiv No 704-67442
Grand Pra6v,'l"X 75052
1-800-582-46M 6? 1
M
PAYT011111" Q1 0
TEXAS HR J -)O
ORDFROV
Cily of Denton, Texas. a Texas holne-rule 111tulicip"d Corporation
3151 Mckinney Street
Dcnwri.'FX 76�',101-4?20
Universal Land Title of Texas
GF it: 704-67442
Buyer: THE STATE OF TEXAS, acting by and through the Texas Transportation Commission
Seller: City of Denton, Texas, a Texas horne-rule municipal corporation
Property Address: ROW CSJ: 0195-03-072, 1H 35 E, PARCEL: 112, DENTON CO. DENTON, TX
Payee Name: City of Denton, Texas, a Texas home -rule municipal corporation
603 Proceeds of Sale -_- 533.517.00Total $33,517.00
Universal Land Title of Texas
GF M 704-67442
Buyer: THE STATE OF TEXAS, acting by and through the Texas Transportation Commission
Seller: City of Denton, Texas, a Texas home -rule municipal corporation
Property Address: ROW CSJ: 0195-03-072, lH 35 E, PARCEL: 112, DENTON CO. DENTON, TX
Payee Name: City of Denton, Texas, a Texas home -rule municipal corporation,
603 Proceeds of Sale S') 3,517M0
Total $33,517,00
3MM
4119350
6/19/2014
4119350
6/19/2014
A. Settlement Statement U.S. Department of Housing
and Urban Development
1. 0 FHA 2. 0 FrnHA 3. [1 Conv Unins 6. FjleNumbw--------j�7.Loan Number
4. 0 VA 5. 0 Conv Ins, 6. 13 Seller Finance 704-67442
C. Note. This form is furnishetl to give ymt a statement oracto.1 settlaml costs. Atiuninis paid to wid by
. 01C. 11 %wrt psid outstdc the clurn i the - r. -.0;W-wol Imre fear informational wirm"s said ate tttel
D. Nam & Address of Bow"wea E, :Nome & Address of Seller I
THE STATE OF TEXAS, acting by and through City of Denton, Texas, a Tesm home -role
the Texas Transporlation Commission municipal corporation
4777 US Hoy 90 East 215 E. Mckincey Street
Mesquite, TX 75150 Denton, TX 762014229
OND No. 2502-0265
mottragr In% Cuir
crot Agent are
n The tot MTN,
A4dicssofl
11, Scolorujit Agtea Name
Universal LmKd'l'itk of Texas
I3,740 SQ. FT. BUG VNF PVCHALSKI SURVEY, AJJ8TR,4CT NO. "6, 3165 South Carrier Pkwy
LOTS 9, 10, 19 FLOXHUNT ADI)MOS, DE NTON COUMTV, TX Grand Prairie, TX 751152 Tex ID: 27-0990944
ROW CS,' I: 019"3-472, IH 351 , PARCEL: 112, OKNTON Co. Underwritten By: WFG National Title Insurance Company
DENTON, TX I
Place of Scalemenj
Universal lAnd Title of Texas
3165 South Carrier Parkway
Grand Prairie, TX 75052
J. summary or norrower,s Tramacaoa
If. huormary of ScUor's Transaction
100. Gross Amount Due train narrower
40L Gorvas Amount Out to Seller
Z01. Contract Sales Price
�$3�3,5110 40 1. Contract Sales Price 133,517.90
101Personal Property
402. Personal Property...
_5821.80
103. Settlement Clotrgo$ 40 tt ,Wcr
403,
205.
404.
103.
405.
A4juatrocats for Items paid toy smiler In advance
106. City propoty taxes
lei, County Property taxes
108. Assessment T mcs
109. School Taxes
110. 01herTaxes
I)L Othertfixes
112.
133,
114,
115.
Adjuelmenta for ltrtrnx (told Iry seller 1n
406. city property taxes
407. County property taxes
405,meatTaxes
409. School Taxes
410. 01harTaxes
411. Other taxes
412,
413.
414,
415,
416.
20C Amounts Pail By Or In Behalf Of forrowtor
NO. Reductions In Amount Par to Seller
201. olift or cornea raotocy
501. Excess Deposit
202. Principal amount of new Imm(s)
502. ScIllemal Charges to Saar (fine 1400)
203. FAhling ktato(t) taken mubjmi 4,o
.503. Existing Loan(s) Taken Subject to
204. Lem Amount for 2ad Mftg,
W
5
504. Payoff wortganteloan
205.
-
505. Payoffof second mortgage loan
206,
SO.
207.
.9
507.
208,
508.
20%
$09.
Adjushonenu for Irmo; oapa4d by seller
Adjusimcatm for Nems untold b afler
210. Cit Momy tsars
510. City ]tiny tsars
211 County Prr perlytaxes
511. County property taxes-
xcs212.
212.Assessment Taxes
512. Assessment Taxes
20- School Toots
513. School Taxes
214, Wtor `faxes
514. Other Taxes
215. Other taxes_
515. Outer taxes
216.
516.
217,
517.
218.
518,
219.
519.
220. Total AmooHlbutWIcr
MO. C*Rb At Salk.1 Frujnfro111.1'revver
00. Carlo At Sridemenn'refflrom Seller
301. Gross Amount due from borrower (line 120)
�,3380 601. Gross Amotmi due to wJkw (line 420)
-652,
$33,517.00
302, Lm aniownis paid pay/for borrown (line 220)
SOM 1. reductions in ami. due SdW
48.4
303. Coth From Bory"Air - I
$34,334.90 603. Cash To Seller
3*3,517.00
5vo;fivu 5 Jr the Rest rztwv Settiolocol Procedures Act (RIMPA) requites die-
�%Wlloto 44) of RESPA Mandates that HUD dtsylop and psoseriitc
thk standard
foltowiog. IILJD must dcwebop a spesiul 1141cormhon Booklet to help persons
to= to be used at the time of loan settlement to ptovoic Fall jiboosom ofall charges
Ixtrowing moray to finance the purrb.w or miticoimi r"I estate to wer
imposed upon the borrower and Adler, Those Are third party disclosures dao we
4jWVKWthe o: nawre And "to of mW estate"tilowert wyiten;
designed to provide the borrower wilt peninent information during the sculemerto
. Eaeb lender must provide the booklet to all applicants from whom h mccives or for
process in order to be a baler shopper.
Whom 11 $WqMMN 4 written AITTication to borrow Inency to Aflawe she purchase of
The Public Reporting Burden for this collection of information is eadmated to
ItsoIe"tiAl real CIO*N - T-ft-Ocfl; Mull Pft"c cod distribute Woh the BwAki a
;wvrvgC one bout Pat #VqXwe, inclujim the floot for miewing; ingluctim
Good Faith Eagimmit of Ow wittemenj costa thug the borrower is likety 10 loon i,
b4ear011uj vAlsdoin data vourvo, y4timing and mahotairking the data nomkd. And
the Wd"11m, Thew 6*009jreq OTC moodolory.
anoplttiug And mvirwirti,, the collection of inforntatlott:
'Mis mgmey rasy not cullcor this k1forroation. uW you are W1 reqWred 10 cooropicsD
0155 fumt, OW064 it displays 0 curfalkly valid OK40 corutrol number,
71- toformatiant
Previous Editions am Obstolete Page I
form HUD -11 (3/86)
Handbook 4305.2
ff,
I
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51
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51
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File No. 704-67442
700. Total Sale Broker's Cammliflan based on jr 1-j" 50.00 /®
Paid F., runl
Vivi rifvl of Commission (line,700) U rqjjeWR�
Borrower's
Seller's
701. toFunds
at
Funds of
to
settlement
Settlement
703. Commission Paid
atSctikmcni
$0.00
$0,010
704, The fbWwmig pv5om, firms or to
-70-50.--
-
M10"on, '"110, 11 "I
-
-1-lio"
706. of the Real Estate commissk.ul junounj 10
707. drown above: to
800. items �Axbt�la Conftdlon �Wjlh
801. Low Otigirtation Fee % to
802, Loan N&MIm % to
803. Appratsol Fee to
904. Ctedit Reimer to
$05. LCndW$ InfiPM6,00) FCC to
.806. Moklbarc Iwarawc Aplication 10
807. to
900. hems Required by lam_ Iter To Be Paid In Advance
901, l"lacm from LO
-iO2.
_$�&day
Mortgage Irmnanco PnznJunt fee uhs to
903. MuArd Insurance Prerniani for ymu 10
1000. Rmrves 11!p2$1tc4 VAtk Under
IGO]. I lazew Insuraoct mcrnthN@ per "*nth
1602. Homoomees inm. urw months @ per month
1003. City pmpWy taxes matuhn t per mmth
1004. lamely property taxes H
1005. Axsrxsrnewl Taxes Months nurnih
'C'g
-iM.
School moths, @ pa month
1007, Other taxes months @ per "lama]
1 08. Other taxes moloba (a)per lomb
1011. AM gnitntv Adjustooml
I 100. Me Charges
I101 Sett- dosing fee to
1102. Abstract or title search to
1103. Title examination to
1104. 11fleinsurturcebindef to
1105. Document Lreparafim to
1] 06. Notary foes to
1107. Attorney's fm to
(hwludM nbove Rorns Plun kbervL
1108. Tilly; insurance to UriNgns] lend Title ofTrias W
"08.00
(inctuden above!tents numtwai:
1109. 1mdcyls coverage 50.00/50.00
$110, 0wj!ttc*vVMg0 W-517AM408.00
1111. E5cmw fee, to Unlvvr"] Laud Title ofTexas
$350.00
1112, State of Texas Policy Guturanty Fee 10 TrmawTItte lumm"ttre G%xrooty
$0.00
$0.00
Association
1113. Guaranty Auemonew 11ccompment to Zeiss T141c Insurance Guarawly
Ch a- -------- AmsMafiun
SIM
Soho
1200. ("Overamt,111 Rymording and Transfer Charges
1201. Recording Fees Dad $62.@0;hlv"gW ;M 10 thdveival LAW Title Recording
562.00
t202. 1.0!tjTps Dad M!!M, to
1203. State twstampff Deed y Mwpgg 10
1204. Tax certificates to
1203. Conveyance Fee to
1206. Ceuricy/Messenger Fee to
1300. Additional Nettleormi Chargee
1301survey to
1302. to
3400- TWO "MCM Et!Mwcaster In He" 103, Seelloo J and 502t.Stttl6a It.
5821.90
File No. 704-67442
I have carcruIly reviewed the HUD.] sealanaft sth,t,n,j Und loth;17 t Fel 1azy�Wg, and belief, ill,. -...d ---w --, ofail
disbursements made on my account or by me in this uanmc [Ion, j Who emlify that I have received a completed copy of pages 1, 2 and 3 ofthis HUJ)-j Settlement
slatumt.
STATE OF TEXAS, acting by and through the Texas
Transportation Commission
RIGHT OF WAY AGENT'S CLOSING CERTIFICATE
I certify that the State's Warrant Was disbursed as set forth
above
and deed has been delivered to the county clerk for
wording.
HDR Engineering, Inc.
Signature
Title
City f n on� TIMWoxas home -rule municipal corporation
Paig Wifflamlion, Real Eala"fe Manager
SETTLEMENT AGENT CERTIFICATION
Jbc Ht 9) I SettlCM111 Slatetlaciot which I have prepared is a true and WArMlluff.' It is a crime to knowingly make false statements to the United Slates
la ax #n with this statorl4cnt, a funds to ori this or Any other similar fonn, Iculthies upon et)nviction can mdudc a tint
and ftWrismnlem. For deiaHN 4cc; Tille 18 US, Code Seniors 1001 mid Secdo n
1010.
ale
ffm HUD.
Handbook
File No. 704-67442
I have carefully revjovcdj the HUD -I Settlement Statement `nndto the best of my knowledge and --'
belief, it is a ans and accurate statement of all receipts and
disbursements made on my account or by me in this transaction. I further certify that I have received a completed copy ofpages 1, 2 and 3 of this HM -1 Settlement
Statement.
STATE OF TEXAS, acting by and through the Texas City of Denton, Texas, a Texas home -rule munielpal corporatlon
Transportation Commission
Paul Williamson, R,,i_6t_,te Manager
RIGHT OF WAY AGENT'S CLOSING CERTIFICATE
I certify that the State's warrant was disbursed as set forth
above
and deed has been delivered to the county clerk for
recording.
HDR ELering, Inc
81 attire
Zmtr er
Title
SETTLEMENT AGENT CERTIFICATION
The HUD- I Settlement Statement which I have Iveluircd is a true and Warning: It is a crime to knowingly make false statements to the United States
caused the finida to be ml this or raly o [fit r similar &M, Penalties upon moviction can include a fine
"ful Ilor dcudis we:'rjile 18 U.S, code Section 1001 and Section
1010.
Date
Page 3 forin HUD -1 (3/86)
Handbook 4305.2
UNIVERSAL
LAND TITS.
u iY slf i.t..m E nasi ,'a d a ir.r`ht c•.ard+.��ro
AFFIDAVIT AS TO DEBTS AND LIENS
STATE OF TEXAS
COUNTY OF Denton
GF No.: 704-67442
Title Company: Universal Land Title of Texas
Owner: City of Denton, Texas, a Texas home -rule municipal corporation
BEFORE ME, the undersigned authority, on this day personally appeared the undersigned affiant
(hereafter called "Affiant" whether one or more), personally known to me to be the person whose name is
subscribed hereto, and being first duly sworn, deposes and says that:
Affiant is of the legal age and has never been known by any other name than that set out below.
The property referred to herein is briefly described as follows (the "Property"):
15,740 SQ. FT. EUGENE PUCHALSKI SURVEY, ABSTRACT NO. 996, LOTS 9,10,18 FLOXHUNT
ADDITION, DENTON COUNTY, TX
ROW CSJ: 0195-03-072, IH 35 E, PARCEL: 112, DENTON CO.
DENTON,TX
Afflant Is making this affidavit as the owner of the Property or on behalf of the entity shown above, if
any, as the owner of the Property, in which case Affiant is duly authorized by such entity to make this
affidavit. As used herein, "Owner" means Affiant.
To Afflant's knowledge, Owner's possession of the Property has been peaceable and undisturbed
and title to said Property has never been disrupted or questioned; nor does Afflant have any actual
knowledge of any facts by reason of which the title to, or possession of, said Property might be disrupted
or questioned, or by reason of which any claim to any of said Property might be asserted adversely
against Owner and that as far as Affiant knows, there are no encroachments or boundary conflicts.
No proceedings in bankruptcy or receivership have been instituted by or against Owner, and Owner
has not made an assignment for the benefit of creditors.
Affiant knows of no action or proceeding which is now pending in any state or federal court in the
United States, to which Owner is a party, nor does Affiant know of any state or federal court judgment,
state or federal tax lien, or any other state or federal lien or judgment lien or assessment of any kind or
nature whatsoever which is pending or threatened against Owner, or which now constitutes a lien on the
Property.
Affiant hereby certifies that all ad valorem property taxes and/or assessments pertaining to the
Property up to and including the year 2014 have been paid in full. If ad valorem tax exemptions are
claimed by Owner for the current year, Owner acknowledges that such exemptions shall not be
transferred or moved or otherwise claimed by Owner to or for the benefit of any other real property of
Owner.
Owner agrees to indemnify, reimburse or pay title company and/or its underwriter for any and all ad
valorem taxes, assessments, or loss incurred from removal of any existing exemptions, penalty, interest,
costs, attorneys' fees, or any other delinquent charges on the Property, should it ever be determined, at
any time, that such taxes, assessments, penalties, interest, costs, or other delinquent charges are owed
for any period on or prior to the date hereof.
Owner has received no notice from any public authority requiring any improvement, alteration or
change to be made on, about or affecting the Property; and Affiant knows of no assessments levied or
outstanding in favor of any sewer, water or other utility district, or in favor of any municipality or other
governmental authority for any such improvements.
Affiant has no knowledge of any paving liens of any kind or character or claims for paving
outstanding against the Property; and Owner has signed no petitions and knows of no petitions being
circulated, for the pavement of the streets, alleys or sidewalks adjacent to the Property,
There are no unpaid debts, bills or claims for labor or services performed or materials furnished or
delivered for alterations, repair work or new construction on the Property. There are no unpaid debts for
plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television antennae, carpeting,
rugs, sprinkler systems, venetian blinds, window shades, draperies, fences, appliances, street paving, or
any personal property or fixtures that are located on the Property.
Owner has not signed or executed any contracts of sale, warranty deeds, deeds of trust,
mechanic's lien contracts, time payment contracts or any other instruments affecting the Property (except
those instruments pertaining to this transaction being closed by title company under the GF number
shown above), and there are no chattel mortgages, conditional bills of sale, retention of title agreements,
implied vendor's liens, security agreements, financing statements, or personal property leases affecting
any fixtures, appliances or equipment now installed or located in or upon the Property or the
improvements thereon, and all plumbing, heating, ventilation, lighting, refrigeration and other equipment is
fully paid for, including bills for the repair thereof, except the following:
ORIGINAL AMOUNT CREDITOR
Except as set forth above, all debts or claims for labor and material used in construction of
improvements on the Property have been paid, and there are no unpaid labor or material claims against
the improvements on the Property or the Property, and all sums of money for such improvements have
been fully paint and satisfied,
There are no loans of any kind on the Property recorded or unrecorded except the following:
ORIGINAL AMOUNT CREDITOR
It Is understood that the payoff arnount(s) on loans listed above islare in accordance with
either oral or written statements given by the lending Institutions or Individuals and should any
notehoider require any additional amount in order to release said indebtedness or liens, Owner
shall pay that additional amount and hold the title company harmless therefore.
There are no tenancies affecting the Property or persons occupying the same, and Owner and/or
Owner's predecessors in title have not: (1) entered Into any oral or written lease agreements; (2) given
permission to use, occupy or enter the Property; () othenivise granted any possessory rights of any nature
whatsoever which are presently existing as of this date except:
Owner has no delinquent child support payments, and has no knowledge of nor has received any
notice of a claim for or lien to secure such payments, except:
The Property Is not subject to any unrecorded rights-of-way, easements or party wall agreements.
Section 1445 of the internal Revenue Code provides that a Transferee (Buyer) of a U.S. real
property interest must withhold tax if the Transferor (Seller) is a foreign person. To inform the Transferee
that withholding tax is not required upon my disposition of a U.S. real property interest, I the above
referenced Transferor, hereby certify that:
1. I am not a non-resident alien for purposes of U.S. income taxation;
2. My U.S. taxpayer identifying number is (see Substitute 1099); and
3. My home address:
I understand that this certificate may be disclosed to the Internal Revenue Service by the
Transferee and that any false statement I have made here could be punished by fine, imprisonment or
both.
Under penalties of perjury, I declare that I have examined this certification and to the best of my
knowledge and belief, it is true, correct, and complete.
This affidavit is made to the purchaser and/or lender, and title company as an inducement to them
to complete the transaction referenced herein, and Affiant realizes that said purchaser and or lender and
title company are relying upon the representations contained herein and that said representations shall
expressly survive closing and shall not merge into the deed from seller to purchaser, if any, and the
undersigned Affiant does hereby swear under the penalties of perjury that the foregoing Information is true
and correct in ,all aspects..
EXECUTED effective as of the day of.... VA , 20-4.
City nton, Texas, a Texas home -rule municipal corporation
j
zal
Paul Williamson, Real Estate Manager
State of T
County of TEXAS
Sworn and subscribed and acknowledged before me this 0TV day of RaI , 2014 by Paul
Williamson, Real Estate Manager, on behalf of City of Denton, Texas, a Texas home -rule municipal
corporation.
NOTARY PUBLIC, STATE OF TEXAS I E t �ctt0
,. NotaEl
t f tows
Y t s
',Decombee 04, 2016