2003-085ORDINANCENO. &/)95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON APPROVING A
REAL ESTATE EXCHANGE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
AND CRAIG IRWIN AND DALE IRWIN FOR TWO PARCELS OF LAND EACH BEING
0.294 ACRE OF LAND SITUATED IN THE MOREAU FORREST SURVEY, ABSTRACT
NUMBER 417, DENTON COUNTY, TEXAS, FOR THE PURPOSES OF A PROPERTY
LINE ADJUSTMENT FOR FENCING ACTIVITIES BY THE WASTEWATER
DEPARTMENT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton and Craig Irwin and Dale Irwin desire to enter into a
Real Estate Exchange Agreement in substantially the form of the agreement attached hereto and
made a part hereof by reference (the "Agreement") for the purpose of making property line
adjustments for fencing activities by the City's Wastewater; and
WHEREAS, in compliance with Chapter 272 of the Texas Local Government Code,
based on an appraisal obtained by the City, the City is receiving fair market value for the
property being exchanged pursuant to the Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The City Council of the City of Denton hereby approves the Agreement
and authorizes the City Manager, or his designee to execute it on behalf of the City of Denton
and to carry out the City's rights and duties under the Agreement including the expenditure of
funds provided for in the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval. 11
PASSED AND APPROVED this the
ATTEST:
ER WALTE CITY SECRETARY
BY:
APPRO ED A O LEGAL RM:
HERBERT L. Y, C ATTORNEY
BY:
REAL ESTATE EXCHANGE AGREEMENT
THIS AGREEMENT is made by and between Dale Irwin and Craig Irwin (hereinafter
referred to as "Irwin") and the City of Denton, a home rule municipality located in Denton
County, Texas, (hereinafter referred to as "City"), upon the terms and conditions set forth herein.
Whereas, the Irwins are the owners of that certain tract or parcel of land in the City of
Denton, Texas which is more particularly described in Exhibit "A" attached hereto and made a
part hereof by reference (the "Irwin Tract") which is needed for public purposes; and
Whereas, the City is the owner of that certain tract or parcel of land in the City of Denton,
Texas which is more particularly described in Exhibit "B" attached hereto and made a part hereof
by reference (the "City Tract"); and
Whereas, the City desires to exchange the City Tract for the Irwin Tract upon the terns
and conditions contained in this agreement; and
Whereas, the City Tract because of its shape and size cannot be used independently; and
Whereas, in compliance with Chapter 272 of the Texas Local Government Code, based
on an appraisal obtained by the City the fair market value of the Irwin Tract is equal to or greater
than the fair market value of the City Tract;
Now, Therefore, for good and valuable consideration, including the covenants contained
herein, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:
1) EXCHANGE OF TRACTS.
a) At Closing, and subject to the terms and conditions contained herein, the Irwins shall
convey to the City the Irwin Tract with all rights and appurtenances pertaining to the
Irwin Tract, including any right, title, and interest of the Irwins in and to adjacent streets,
alleys, or rights-of-way, and together with any improvements fixtures, and personal
property situated on and attached to the Irwin Tract (hereinafter called the "Irwin
Property"). The Irwin Property shall be conveyed by a deed without warranty in
substantially the same form as the deed attached hereto and made a part hereof as Exhibit
"C" (the "Irwin Deed"). The Irwins' sole consideration for the conveyance of the Irwin
Property to the City is the City's conveyance of the City Property to the Irwins.
b) At Closing, and subject to the terms and conditions contained herein, the City shall
convey to the Irwins the City Tract with all rights and appurtenances pertaining to the
City Tract, together with any improvements fixtures, and personal property situated on
and attached to the City Tract (hereinafter called the "City Property"). The City Property
shall be conveyed by a deed without warranty in substantially the same form as the deed
attached hereto and made a part hereof as Exhibit "D" (the "City Deed"). The City's sole
consideration for the conveyance of the City Property to the Irwins is the conveyance of
the Irwin Property to the City.
2) CONDITIONS PRECEDENT TO CLOSING
a) On or before fifteen days after the Effective Date of this agreement, the City at its expense
shall obtain a current commitment hereinafter called the ("City Title Commitment") for
the Irwin Property for the issuance of an Owner's Policy of Title Insurance from the Title
Company, together with legible copies of all documents constituting exceptions to title as
reflected in the City Title Commitment.
b) City shall have a period of ten days following the receipt of the City Title Commitment,
and legible copies of title exception documents to review. such items and to deliver to the
Irwins in writing such objections as the City may have to anything set forth in the City
Title Commitment. Any items to which the City does not object within the ten-day
period shall be deemed to be "Permitted Exceptions". In the event the City timely
objects to any matter in the City Title Commitment, the Irwins shall have the right, but
not the obligation, for a period of thirty days to cure any such matters objected to by the
City, to the City's satisfaction. Should the Irwins fail to cure such matters to the
satisfaction of the City, the City in its sole discretion, by a written notice to Irwins within
fifteen days following the expiration of the thirty day period either (a) terminate this
agreement and the parties hereto shall have no further obligation one to the other, or (b)
City may waive any such defects and consummate this agreement with such uncured
objections being deemed additional Permitted Exceptions.
c) On or before fifteen days after the Effective Date of this agreement, the Irwins at their
expense shall obtain a current commitment hereinafter called the ("Irwin Title
Commitment") for the City Property for the issuance of an Owner's Policy of Title
Insurance from the Title Company, together with legible copies of all documents
constituting exceptions to title as reflected in the Irwin Title Commitment.
a)
The Irwins shall have a period of ten days following the receipt of the Irwin Title
Commitment, and legible copies of title exception documents to review such items and to
deliver to the City in writing such objections as the Irwins may have to anything set-forth
in the Irvin Title Commitment. Any items to which the Irwins do not object within the
ten-day period shall be deemed to be "Permitted Exceptions". In the event the Irwins
timely object to any matter in the Irwin Title Commitment, the City shall have the right,
but not the obligation, for a period of thirty days to cure any such matters objected to by
the Irwins, to the Irwins' satisfaction. Should the City fail to cure such matters to the
satisfaction of the Irwins, the Irwins in their sole discretion, by a written notice to City
within fifteen days following the expiration of the thirty day period either (a) terminate
this agreement and the parties hereto shall have no further obligation one to the other, or
(b) the Irwins may waive any such defects and consummate this agreement with such
uncured objections being deemed additional Permitted Exceptions.
2
3) CLOSING
a) The closing shall be held at the office of Reunion Title Company, 2925 Country Club
Road, Suit 104, Denton, Texas 76210 on or before May 31, 2003, or at such time, date,
and place as the Irwins and City may mutually agree upon (which is herein referred to as
the "Closing").
b) At Closing the Irwins shall deliver the Irwin Deed to the City and the City shall deliver
the City Deed to the Irwins.
c) The Irwins and the City agree to pay closing costs as outlined below:
i) The Irwins and the City will bear the cost of any expenses, other than those outlined
herein, directly incurred by each, including their own attorney's fees, if any.
ii) The Escrow Fees, Document Preparation Fees, and other related fees charged by the
Title Company to complete this transaction will be paid for equally by the parties.
iii) All Costs to obtain, deliver, and record releases of all liens to be released at closing, if
any, will be paid by each party for the property it is conveying.
iv) All costs to obtain, deliver, and record all documents to cure title objections, as set
forth above will be paid by each party for the property it is conveying.
v) All costs to obtain and deliver reports or certificates of ad valorem taxes will be paid
by each party for the property it is conveying.
vi) Ad valorem taxes for the Irwin Property shall be prorated as of the date of closing.
The tax rates and values shall be based upon the most current tax appraisal and rates
available. In the event that additional taxes are due and owning as a result of a new
tax appraisal or rates, the Irwins agree to pay the City additional sums due within
Thirty (30) days of being billed for same. The Irwins shall provide and pay for
current tax certificates upon which the adjustments for taxes shall be based. This
section shall survive the closing of this agreement.
4) REAL ESTATE COMMISSION
The Irwins and the City represent and warrant to each other that neither has retained a broker for
this transaction and that there are no broker or real estate fees due as a result of the
consummation of this agreement.
3
5) BREACH
If the Irwins fail to fully and timely perform any of their obligations under this agreement or fail
to consummate the exchange of the properties for any reason, except the City's default, City may
enforce specific performance of this agreement, as its sole and exclusive remedy under this
agreement. If the City fails to fully and timely perform any of its obligations under this
agreement or fails to consummate the exchange of the properties for any reason, except the
Irwin' default, the Irwins may enforce specific performance of this agreement, as their sole and
exclusive remedy under this agreement.
6) MISCELLANEOUS
i) Assignment of Agreement. This agreement may not be assigned without the written
consent of the other party.
ii) Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties, pertaining
to a period of time following the closing of the transactions contemplated hereby shall
survive the closing and shall not be merged therein.
iii) Sole Agreement. This agreement constitutes the sole and only agreement of the
parties and supersedes any prior understandings or written or oral agreements between
the parties respecting the within subject matter.
iv) Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received when sent by United States mail, postage prepaid, certified mail, return
receipt requested, addressed to the Irwins or City, as the case may be, at the address
set forth below or when sent via fax to the fax number set forth below.
To Irwins:
Dale Irwin
525 South Carroll
Suite 100
Denton, Texas 76201
To City:
City Attorney
City Hall
215 E. McKinney
Denton, Texas 76201
Fax No. 940.382.7923
4
v) Texas Law to Apply. This Agreement shall be construed under and in accordance
with the laws of the State of Texas. All obligations of the parties created hereunder
are fully performable in Denton County, Texas.
vi) Parties Bound. This agreement shall be binding upon and inure to the benefit of the
parties and their respective heirs, executors, administrators, legal representatives,
successors and assigns where permitted by this agreement.
vii) Legal Construction. In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, said invalidity, illegality, or unenforceability shall not affect any other
provision hereof, and this agreement shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained herein.
viii)Time of Essence. Time is of the essence in this agreement.
ix) Gender. Words of any gender used in this agreement shall be held and construed to
include any other gender, and words in the singular number shall be held to include
the plural, and vice versa, unless the context requires otherwise.
x) Memorandum of Contract. Upon request of either party, both parties shall promptly
execute a memorandum of this Agreement suitable for filing of record.
xi) Compliance. In accordance with the requirements of the Texas Real Estate License
Act, each party advises the other that it should obtain a policy of title insurance or
have the abstract covering the property examined by an attorney of its own selection.
xii) Effective Date. The term "Effective Date" means the latter of the dates on which this
agreement is signed by the Invins or the City, as indicated by their signature below.
If the last party to execute this agreement fails to complete the date of execution
below that party's signature, the date the Title Company acknowledges receipt of a
copy of this fully executed contract is the Effective Date.
IN WITNESS WHEREO the parties have executed this agreement as follows:
Date:
EKe Irwin
Date: Q,
Craig Irwij
5
CITY OF DENTON, TEXAS
BY.
Michael A. Conduff, City an er
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Date:
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
The Title Company acknowledges receipt of the fully executed Agreement on 2l day of m2,64\
.
'2002.
TITLE COMPANY
Name: Texas Title Company
Address: 2215 South Loop 288
Denton, Texas 76205
Telephone: 940-382-8251
By:~Q
Printed-Name: ,vita
6.1> 07 /2003 115
24 FAX 9.105889304 REUNION TITLE
CITY OF DENTON, TEXAS
B
Michael A. Conduff, Ci ger
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Date: S
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
10002
The Title Company acknowledges receipt of the fully executed Agreement on 7thday of firri
,2992- `L0arJ
TITLE COMPAWI :
Name: f2F- UNI0N TI T LE
Address:
Denton, Texas 76205-
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By:
Printed N e:
Title: F~C~ple1 nFr )l E(Z
REUNION TITLE
2925 COUNTRY CLUB ROAD
SUITE # 104
DENTON.TX 76210
9HO - S(P6- 8300
FRY gg0-S(46- g30q
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TRACT 1
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10/22/02
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE
MOREAU FORREST SURVEY, ABSTRACT NUMBER 417, DENTON COUNTY, TEXAS, AND
BEING A PART OF A CALLED 245.00 ACRE TRACT DESCIBED IN A DEED TO THE CITY OF
DENTON, RECORDED IN COUNTY CLERK'S FILE NUMBER 97-R0019639 REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF SAID CITY OF
DENTON TRACT;
THENCE SOUTH 87 DEGREES 25 MINUTES 07 SECONDS EAST WITH A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 212.84 FEET TO A FOUND IRON PIN;
THENCE SOUTH 59 DEGREES 24 MINUTES 33 SECONDS EAST WITH A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 102.67 FEET TO A FOUND IRON PIN;
THENCE SOUTH 34 DEGREES 56 MINUTES 12 SECONDS EAST WITH A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 149.73 FEET TO A FOUND IRON PIN;
THENCE SOUTH 49 DEGREES 19 MINUTES 26 SECONDS EAST WITH A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 86.24 FEET TO A FOUND IRON PIN AT THE
POINT-OF-BEGINNINGOF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 73 DEGREES 54 MINUTES 29 SECONDS EAST WITH A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 97.96 FEET TO A FOUND IRON PIN;
THENCE SOUTH 33 DEGREES 39 MINUTES 13 SECONDS EAST WITH A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 228.91 FEET TO A FOUND IRON PIN;
THENCE SOUTH 08 DEGREES 45 MINUTES 41 SECONDS EAST WITH A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 59.94 FEET TO A 1/2 INCH IRON PIN SET
WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849;
THENCE NORTH 39 DEGREES 43 MINUTES 23 SECONDS WEST, A DISTANCE OF 360.06 FEET
TO THE POINT-OF-BEGINNING AND CONTAINING IN ALL 0.294 ACRES OF LAND;
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JOB NO.32812
EXHIBIT "B"
PAGE 2 of 2
TRACT2
32812
10/22/02
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE
MOREAU FORREST SURVEY, ABSTRACT NUMBER 417, DENTON COUNTY, TEXAS, AND
BEING A PART OF A CALLED 430.14 ACRE TRACT DESCRIBED IN A DEED TO ANN C. STARK,
ROBERT W. CALLAHAN, AND JAMES E. CALLAHAN, RECORDED IN VOLUME 979, PAGE 103,
DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST CORNER OF A CALLED 245.00
ACRE TRACT DESCIBED IN A DEED TO THE CITY OF DENTON, RECORDED IN COUNTY
CLERK'S FILE NUMBER 97-80019639 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,
THENCE SOUTH 87 DEGREES 25 MINUTES 07 SECONDS EAST WITH A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 212.84 FEET TO A FOUND IRON PIN;
THENCE SOUTH 59 DEGREES 24 MINUTES 33 SECONDS EAST WITH A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 102.67 FEET TO A FOUND IRON PIN;
THENCE SOUTH 34 DEGREES 56 MINUTES 12 SECONDS EAST WITH A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 149.73 FEET TO A FOUND IRON PIN;
THENCE SOUTH 49 DEGREES 19 MINUTES 26 SECONDS EAST WITH A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 86.24 FEET TO A FOUND IRON PIN;
THENCE SOUTH 39 DEGREES 43 MINUTES 23 SECONDS EAST, A DISTANCE OF 360.06 FEET
TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 AT
THE POINT-OF-BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 24 DEGREES 42 MINUTES 41 SECONDS EAST, A DISTANCE OF 428.75 FEET
TO A FOUND IRON PIN;
THENCE NORTH 39 DEGREES 54 MINUTES 01 SECONDS WEST WITH A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 227.84 FEET TO A FOUND IRON PIN;
THENCE NORTH 08 DEGREES 45 MINUTES 41 SECONDS WEST WITH A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 217.23 FEET TO THE POINT-OF-BEGINNING
AND CONTAINING IN ALL 0.294 ACRES OF LAND;
EXHIBIT "C"
THE IRWIN DEED
DEED WITHOUT WARRANTY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Dale Irwin and Craig Irwin, hereinafter called "Grantors," for and in
consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable
consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a home rule
municipal corporation, hereinafter called "Grantee," the receipt and sufficiency of which is
hereby acknowledged, and for which no lien is retained, express or implied, do hereby GRANT,
BARGAIN, SELL and CONVEY unto the Grantee all of that certain tract or parcel of land
situated in the City of Denton, Denton County, Texas, as more particularly described in Exhibit
"A" and as illustrated in Exhibit "B", both of which are attached hereto and made a part hereof
for all purposes, together with all improvements situated thereon and all singularly the rights and
appurtenances thereto and any and all right, title and interest of Grantors in and to any adjacent
streets, alleys or rights-of-way, hereinafter collectively called the "Property."
Notwithstanding the area and shape of the Property this Deed shall be construed as
conveying all rights and appurtenances incident to any ordinary conveyance of land.
TO HAVE AND TO HOLD the Property, together with all and singular the
rights and appurtenances thereto in anywise belonging unto said Grantee, its successors and
assigns, forever without warranties, either express or implied.
SIGNED this day of 12003.
Dale Irwin
Craig Irwin
9
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me this day of
2003, by Dale Irwin.
Notary Public, State of Tennessee
Print Name:
My commission expires
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me this day of
2003, by Craig Irwin.
Notary Public, State of Tennessee
Print Name:
My commission expires
10
EXHIBIT "D"
THE CITY DEED
DEED WITHOUT WARRANTY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT the City of Denton, Texas, hereinafter called "Grantor," for and in consideration
of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to Grantor in
hand paid by the Dale Irwin and Craig Irwin, hereinafter called "Grantees," the receipt and
sufficiency of which is hereby acknowledged, and for which no lien is retained, express or
implied, do hereby GRANT, BARGAIN, SELL and CONVEY unto the Grantee all of that
certain tract or parcel of land situated in the City of Denton, Denton County, Texas, as more
particularly described in Exhibit "A" and as illustrated in Exhibit "B", both of which are attached
hereto and made a part hereof for all purposes, together with all improvements situated thereon
and all singularly the rights and appurtenances thereto, hereinafter collectively called the
"Property."
Notwithstanding the area and shape of the Property this Deed shall be construed as
conveying all rights and appurtenances incident to any ordinary conveyance of land.
TO HAVE AND TO HOLD the Property, together with all and singular the
rights and appurtenances thereto in anywise belonging unto said Grantees, its successors and
assigns, forever without warranties, either express or implied.
SIGNED this day of
2003.
CITY OF DENTON, TEXAS
By:
Michael A. Conduff
City Manager
11
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON
This instrument was acknowledged before me on 2003 by
Michael A. Conduff, City Manager, City of Denton.
Notary Public, in and for the State of Texas.
My Commission Expires:
12
5360 03813
099478
DEED WITHOUT WARRANTY
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT Dale Irwin and Craig Irwin, hereinafter called "Grantors," for and in consideration
of the sum of TEN DOLLARS (SI0.00) and other good and valuable consideration to Grantor in
hand paid by the CITY OF DENTON, TEXAS, a home rile municipal corporation, hereinafter
called "Grantee," the receipt and sufficiency of which is hereby aclmowledged, and for which no
lien is retained express or implied, do hereby GRANT, BARGAIN, SELL and CONVEY unto
C the Grantee all of that certain tract or parcel of land situated in the City of Denton, Denton
County, Texas, as more particularly described in Exhibit ":n" and as illustrated in Exhibit "B",
both of which are attached hereto and made a pan hereof for all purposes, together with all
improvements situated thereon and all singularly the rights and appurtenances there« t and any and
all right, title and interest of Grantors in and to any adjacent streets, alleys or rights-of-way,
hereinaficr collectively called the "Propeny."
Notwitluland'utg the area and shape of the Properly this Decd shall be construed as
conveying all rights and appurtenances incident to any ordinary conve%atce of land.
TO HAVE AND TO HOLD the Property, toucthcr with all and singular the
rights and appurtenances thereto in anNivise belonging unto said Grantee, its successors and
assigns, forever without warranties. either express or implied.
SIGNED this 5'-h day of -NA 2()00,..
Dale Irwin C/
1
/ 'raig Imvin
.A.
t
5360 03818
STATE OF TEXAS
COUNTY OF DENTON
ACKNOWLEDGMENT
This instrument was acknowledged before me this -~thdaycf jCl t
2003, by Dale !twin.
F +=..1C1'-2BU2M0W06
STATE OF TEXAS
Notary Pu ic, State orTennessce- j dXLjs
Print Name:
My commission expires
ACKNOWLEDGMENT
COUNTY OF DENTON §
This instrument was acknowledged before me this day of
2003, by Craig Irwin.
I
SIEPHANIE CuuuM Notary P blic, State of-T
A.." t;ssv Pucsc Print N ante:
State c: tcros
cc:n+,. :e:t-se-2005 My commission expires
ufte~ recerc(t
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5360 0.3810-
EXHIBIT A
TILICI' 2
32812
10.^_402
ALI. THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TBE
MOREAU FORREST SURVEY, ABSTRACT NUMBER 417, DENTON COUNTY, TEXAS, AND
BEING A PART' OF A CALLED 330.14 ACRE TRACT DESCRIBED IN A DEED TO ANN C. STARK,
ROBERT\1'. CALLAHAN. AND JAMES E. CALLABAN, RECORDED IN VOLUME 979, PACE 103.
DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT A POUND IRON PIN AT THE NORTHWEST CORNER OF A CALLED 245.00
ACRE TRACT DESCIBED IN A DF.EDTO THF. CITY OP DENI'ON. RECORDED IN COUNTY
CLERK'S FILE NUMBER 97-11OU 19639 REAL PROPERTY RECORDS, DENT ON COUNTY. TEXAS,
THENCE SOUTH 87 DEGREES 25 MINUTES 07 SECONDS FAST R'IT'11 A NORTHEAST LINE OF
SAID CITY OF DENTON TRACT, A DISTANCE OF 212.94 FEET TO A FOUND IRON PIN:
THENCTi SOUI'If 59 DEGREES 24 MINUTES 33 SECONDS EAST \YFFII A NORTHEAST LINE 01:
SAID CITY OF DENTON TRACT', A DISTANCE OF 102.67 FEEL' I'O A FOUND IRON PIN:
THENCE SOUTH 34 DEGREES56MINUTES II SECONDS BAST N'FFII A NORI BEASTLINT: OF ,
SAIDCITY OF DEN'TON'I RACT. A DISTANCE OF 149.73 FEET l"O A FOUND IRON PIN;
i
THENCE SOU 11149 DEGREES 19 N11NU'1"ES 26 SECONDS EAS'C W ITI LA NOR'IIIEAS'T LINE OF
SAID CITY OF DEN TON TRACT, A DISI"ANCE OP 86.24 FEET TO A FOUND IRON PIN;
I HENCE SOUL"1139 DEGREES 43 MINUTES 23 SFCON'DS EAST, A DISTANCE OF 360.06 FEET
TO A In INCII IRON PIN SET WI I II A YELI-MV PLASTIC CAI' S'IAMI'Ii0 MIi1AOPLEN 1849 AT
-1 HE POINT-OF-BEGINNING 01' TI II- HEREIN DESCRIBED "IRACT:
THENCE SOU11124 DEGREES 42 MINUTES 41 SECONDS FAST. A DIS VANC'iE OF 428.75 FEEL'
TO A FOUND IRON PIN:
TIII'NCIi NOR'TII 39 DE(IRIi1:S 54 MISL!TF:S 01 SI`.C'ONOS R"IiSI' \\'ITII A NORTIIIEASI' LINE OF
SAID CITY OF DEiNTON IRAC I A DISI'ANC E OF 227.84 PRET TO A FOUND IRON PIN:
II IENCE NORIII U8 DEGRFI.1,45 AiINUI'I.S41 SECONDS B'ESI WI'[II A NOR 'I IWASI LINE OF
SAID CITY OF DENTONTP.ACI ADISFANCE OF 217.23 FWCI'101'11V POINT-OF-BEGINNING
AND CONTAINING IN ALL 0294 ACRES OF LAND:
N.,
A.C.P. L P.R.R. CO. SORVI
ABSTRACT 927 EXHIBIT B v~.;j-„~ •:5' -Z
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5360 03821
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2 v1 6 MT ov in:
on Jun 24 2003
At 4:15pa
Receipt 07 39034
Recording: 11.00 , 6.00
Doc/Nuit ' 2003_MI,
Doc/Type : DED47B
DeputY -ERIN
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