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Home My WebLink About1999-364FILE REFERENCE FORM 99-364 Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act X Other Date Initials The State of Texas, being the Grantee in this agreement, shall have final possession of the original deed. Deed filed with County is included in file but not imaged. 9/4/03 JW S Ourp vmmla�lnmeeA9AHiel 776nnvn,x pm l26 6or ORDINANCE NO -�(P AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE CITY OF DENTON AND STATE OF TEXAS, RELATING TO 0 127 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 26) AND AUTHORIZING THE EXECUTION OF THE DEED, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Resolution 88-021 the City of Denton agreed to acquire and to provide all costs of the right of way for the widening of U S Highway 77, for the State of Texas, and having purchased 0 127 acres of land (parcel 26) as right of way and needing to convey such right of way to the State of Texas, and WHEREAS, that the process for determining the fair market value of the right of way above, as applicable, pursuant to Section 272 001 of the Texas Local Government Code relating to the conveyance of property to a governmental entity that has the power of eminent domain, shall be followed in effectuating this conveyance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SSECTION 1 That the City Manager is hereby authorized to execute a deed between the City and the State of Texas, acting by and through the Texas Transportation Commission, in substantially the form of the deed which is attached hereto and made a part of this ordinance for all purposes, for the conveyance of 0 127 acres of land for the expansion of U S Highway 77 (Parcel 26) which is more particularly describe in Exhibit "A" and is incorporated herein by reference and made a part of this ordinance for all purposes SECTION 2 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the �� day of 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY B'"t APPR EI-) LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY EXHIBIT "A" County Denton Parcel 220 Highway US 77 Project Limits from I H 35 CSJ 0195-02- Account to US 380 FIELD NOTES FOR PARCEL 26 Page 1 of D-15- Revised June 11, 1999 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO DAVID A COGGIN, TRUSTEE, (TRACT 2) RECORDED IN VOLUME 2614, PAGE 845, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE N H MEISENHEIMER SURVEY, ABSTRACT NO 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING at a found 1/2-inch iron rod for the most westerly corner of a tract of land conveyed to Charlie Melvin Cunningham and wife, Janis Cunningham, as recorded in Volume 632, Page 217, DRDCT, and the most southerly corner of said tract 2, being on the existing north right of way line of Riney Road, THENCE N 48011'52' E, along the common property line of said Cunningham tract and said Coggin tract two, a distance of 98 51 feet to a set 5/8 inch iron rod with an aluminum cap on the new south right of way line of U S 77 for the POINT OF BEGINNING, 0 THENCE N 58011'36' W, along the new south right of way line of U S 77, a distance of 155 05 feet to set a 5/8-inch Iron rod with an aluminum cap, (2) THENCE S 50006'38' W, along the new south right of way line of U S 77, a distance of 12 32 feet to a 5/8-mch iron rod with an aluminum cap set in the west line of said Coggin tract and the easterly right of way line of Riney Road, (3) THENCE N 25055'13' W, along the west line of said Coggin tract and the easterly line of Riney Road, a distance of 71 89 feet to the most northerly corner of said Coggin tract in the existing southerly right of way line of U S 77, (4) THENCE S 58012'48" E, along the existing southerly right of way line of U S 77 and the northeasterly line of said Coggin tract, a distance of 227 58 feet to a found 5/8-mch iron rod for the most easterly corner of said Coggin tract and the most northerly corner of said Cunningham tract, (5) THENCE S 48011'52" W, along a line common to said Coggin tract and said Cunningham tract, a distance of 2790 feet to the POINT OF BEGINNING, and containing 0 127 acres of land, or 5,544 square feet of land, more or less 1 B Glenn Crouch, R P L S Date Texas Registration No 5255 Pry 5OTe41 f 5255 p: q-,,}'� FND 2449 REV U Texas Department of Transportation Foim D 15 14 Page 1 of 3 Rev, 9/91 DEED THE STATE OF TEXAS COUNTY OF DEmmnN _ ) KNOW ALL MEN BY THESE PRESENTS That,the City of Denton a Texas Municipal Corporation of the County of Denton , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of ON Dollar and No r'cnh G--------- --------------------Dollars ($ t oo ) to Grantors in hand paid by the State of Texas, acting by and through the Texas Transportation Commission, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or Implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of laird in Denton County, Texas, more particularly described in Ex- hibit "A," which is attached hereto and incorporated herein for any and all purposes SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit "A," to wit Grantors covenant and agree to remove the above -described Improvements from said land by the day of N/A , 19 , subject, however, to such extensions of tune as may be granted by the State in writing, and if, for any reason, Grantors fail or refuse to remove same within said period of time prescribed, then, without any further consideration, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever Grantors reserve all of the oil, gas and sulphur in and under the land herem conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same, however, nothing in this reservation shall affect the title and rights of the State to take and use all othei mmerals and materials thereon, therein and theieunder Texas Department of Transportation Forrn D 15 14 Page 2 of 3 Rev 9/91 TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever, and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and as- signs to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claming or to claim the same or any part thereof, by, through or under, but not otherwise. IN WI NESS WHEREOF, this instrument is executed on this the t� day of C T '�F'nimnn ♦�.r'vxS -- #################################################################################### ACKNOWLEDGMENT THE STATE O EEX/lst COUNTY OF ��11 , , / . Q � ./ n BEFORE ME, the undersigned, a Notary Public, on this day personally appeared A known tom or p ved to me on the oath of a credible witness,) to be the pe(r£on(s)Uvhose name(s) is (are) subscribed to the foregoing instrument and acknowledged tome that he/she/th y execut the same for the purposes and consideration therein expressed y GIVEN UNDER MY HAND -AN D SEAL OF OFF[ s day of 19-F-F- ///°"' °°•,�. ANN FORSYTHE i•/ a�� Notary Public, state of Texas Notary P c, State of exas 1, My Commisslon Expires MAY 9, 2002 My Conurusswn expires on the 14— day of CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared known to of me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same a corporation, that he/she was was the act of the said duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he/she executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 19 Notary Pubhc State of Texas My Commission expires on the _ day of 19— Texas Department of Transportallon Form D 15 14 Page 3 of 3 Rev 9/91 After recording please return this instrument to: PAUL WILLIAMSON CITY OF DENTON 221 N. ELM STREET DENTON, TEXAS 76201 W A O Q r I� u 'o ni- CERTIFICAIF OF RECORDING THE. STATE OF TEXAS, I COUNTY OF DENTON I