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Home My WebLink About1994-212e:\wpdocs\heritage.ord ORDINANCE NO. CH AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND HERITAGE LAND & DEVELOPMENT COMPANY, INC. RELATING TO THE ACCEPTANCE BY THE CITY OF A DEDICATION OF 9.5 ACRES OF LAND WHEN CERTAIN CONDITIONS HAVE BEEN COMPLETED BY THE DEDICATOR; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute an agreement between the City of Denton and Heritage Land & Development Co., Inc. relating to the acceptance of a dedication of 9.5 acres of land to the City for park purposes, under the terms and conditions contained in said Agreement, which is attached hereto and made a part hereof for all purposes. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. 7 PASSED AND APPROVED this the ]_CJ_day of 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY is �. L ;►. �` ...� _ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY j:\wpdocs\k\heritage.con THE STATE OF TEXAS § COUNTY OF DENTON § BY THIS AGREEMENT AND CONTRACT Heritage Land & Development Co., Inc. (DEDICATOR) hereby agrees to dedicate and convey to City of Denton, Texas (CITY) or (ACCEPTOR) in fee simple absolute the approximate 9.5 acres of land described more particularly in Exhibit "A", attached hereto and made a part hereof for all purposes and CITY hereby agrees to accept from DEDICATOR such land based on the consideration discuss below: 1. Dedicator agrees to repair and paint the existing bridge on the property in the manner as described in the letter from the City of Denton to Heritage Land & Development Co. , Inc, dated AAyi T 4 � tglI l prior to closing on the property. 2. Dedicator agrees to construct an eight (8) foot concrete walkway from Bell Avenue across the remainder of Dedicator's property and the City's Park via the bridge to the south boundary of Cooper Crossing prior to closing on the property. 3. Dedicator agrees to pay the sum of One Thousand Dollars ($1,000) at the time of closing on the property to defray mowing and maintenance expenses the City will assume in accepting the land herein dedicated. 4. Dedicator agrees to convey the property in fee simple absolute by general warranty deed at the time of closing on the property. 5. Dedicator agrees to convey the property free from any delinquent taxes and taxes for the current year are to be prorated to the date of closing. 6. Closing shall be on or prior to December 2, 1994, unless the parties mutually agree in writing to a different date. Executed this I S12% day of NC)1)tw.b�' , 1994 HERITAGE LAND & DEVELOPMENT CO., INC. (DEDICATOR) CITY OF DENTON (ACCEPT0 ) BY LLOYD V. HARRELL City Manager CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 August 4, 1994 Mr. Wade Harris Heritage Land & Development Co., Inc. .2220 San Jacinto Blvd. Suite 360 + Denton, Texas 76205 Dear Mr. Harris: Attached please find the contract documents relating to the donation of 9.5 acres of land from Heritage Land & Development Co., Inc. to the City of Denton. As stated in the contract, Heritage Land & Development Co., Inc. will repair and paint the existing bridge on the property. These improvements shall include but are not limited to the following: • Structural repair of the bridge steel frame. • Replacement of all wooden planks (treads) which span the bridge. • Painting. These improvements shall be inspected by a city representative before final acceptance of the property. If this contract complies with your understanding of the terms of this donation, please sign the original and two copies and return such documents to my office for city execution. Should you have any questions in this regard, please do not hesitate to call me at 566-8505. ouicereiy, �` Mickey Ohland Park Planning Coordinator cc: - Rich Dlugas, Director Parks and Recreation Department 8171566-8200 DIFW METRO 434-2529 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON I, the undersigned, City Secretary of the City of Denton, Texas, (the "City") DO HEREBY CERTIFY that according to the records of the City of which I am custodian, that: the attached is a true and accurate copy of Ordinance No. 94-212, as approved by the City of Denton City Council on November 15, 1994. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 18th day of November, 1994. R `, ' i;r, ` " City Secretary City of Denton, Texas AMM00535 -j:\wpdocs\k\Aer�"9e.con THE STATE OF TEXAS § § BY THIS AGREEMENT AND CONTRACT COUNTY OF DENTON § Heritage Land & Development Co., Inc. (DEDICATOR) hereby agrees to dedicate and convey to City of Denton, Texas (CITY) or (ACCEPTOR) in fee simple absolute the approximate 9.5 acres of land described more particularly in Exhibit "A", attached hereto and made a part hereof for all purposes and CITY hereby agrees to accept from DEDICATOR such land based on the consideration discuss below: 1. Dedicator agrees to repair and paint the existing bridge on the property in the manner as described in the letter from the City of Denton to Heritage Land & Development Co. , Inc, dated kt ,ur T i 1h prior to closing on the property. 2. Dedicator agrees to construct an eight (8) foot concrete walkway', from Bell Avenue across the remainder of Dedicator's property and the City's Park via the bridge to the south boundary of Cooper Crossing.prior to closing on the property. 3. Dedicator agrees to pay the sum of One Thousand Dollars ($1,000) at the time of closing on the property to defray mowing and maintenance expenses the City will assume in accepting the land herein dedicated. 4. Dedicator agrees to convey the property in fee simple absolute by general warranty deed at the time of closing on the property. 5. Dedicator agrees to convey delinquent taxes and taxes for the to the date of closing. 6. Closing skull be on or prior parties',mutually agree in writing the property free from any current year'are'to,be-prorated to December. 2, 1994, unless the to a different date. Executed this ) 5' day of 1994 HERITAGELAND'& DEVELOPMENT CO., (DEDICATOR) BY (TITLLO,f/ INC. CITY OF DENTON (ACCEPTO,) BY LLOYD V. HARRELL City Manager RETURN T0: Clty of Benton 215 E. McKinney Denton, TX 76201 ATTN: Roger N. WilkinsoA ANY rllC lhip@NHTn � v�1�1 NId"C"I Yu ' CY S gwcL&ji)f4 A,. 4.' I'.TY lN:1,Al1 E4.7 GGLUM 44.-. 1 I tlANq UNENA'iCEAF UiJBESPkgEf{Rl,tfifd. Pa tta"EXAS1 I ' E 70Ntilin Y nPM!ta M l a)uoilleNl� naerSxvnen�ean y9 at i�iaal Aio°.��+�V�',. Ann counnty.7(l)(mon��d,li,�.a DEC 0 B 1994 l dpV.DEi I(•y1 �. Ct5U8nY'CLI:iiV( *, CEPJTUN CGJNTV.YE7:A3 w,*„M+`" Filed for Record in: DENTON COUNTY, TX NLINORAEIL.E: Tlhl NODGE:S/COUNTY CLERK On Der 08 1994 AL 10-.56"Am Doc/Num : 94-R@090444 Doc/Type : OR Recording: 9.00 Doc./Pigmt' : 6.00 Receippt N: 34961 Deputy - CFIRISTI 2252 Prepared by the State Bar of Texas for use by lawyers only. Revised 10-85. 01985 h, fM Stem Bar of Teaaa WARRANTY DEED (Long Form) Date: December 1, 1994 Grantor: HERITAGE LAND & DEVELOPMENT CO., INC. Grantor's Mailing Address (including county): 2220 San Jacinto Blvd., #360 Denton (Denton County), Texas 76205 Grantee: THE CITY OF DENTON, TEXAS Grantee's Mailing Address (including county): 215 E. McKinney — Municipal Building Denton (Denton County), Texas 76201 Consideration: TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged; •40a33a ut uiewaa pug Agaadoad loaCgns 04 ATdde awes gegq quagxa aqq oq 1pa4ungTs sT A4aadoad aq4 goigm ui A4unoo aqq ;o xaaTO AqunoO aqq 90 aoi;3o aqq uz paooaa 3o aeadde awes eqq se squguanoo aAT43zajs93 pug sIuguanoo 'suozgtpuoo 'suoi4enaasaa lsluawasga TTe oq goaCgns paideoog pug Spew ST aoueAanuoo stgy :XIUUIIUM pue a3uedanu00 01 suoiidaaxd puu woij suonemasaa :sasodand TTe ao; ;oaaaq gaed a apew pup ogaaaq pagoegqe „y„ gtgtqxg uo pagtaosap ATTn3 aaow 6utaq pup 'sexay 'AqunoO uoquaa luoquaa ;o AgTO '98T# ZOKESSEV 'ASAEnS ANVdWOO 'N'2T'O I 'H'9*9 aqq ut pagengTe 6uTaq Pup 6uzAT pueT 30 Taoaed ao 40ea4 uTegaao IVM q7V ONIH9 :(s)uawanojdwi ,Cue 8uipn1aui) ,(uadad 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 in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's 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. LAND & j1rVEVYO MENT CO. ,, INC. arlton, STATE OF TEXAS COUNTY OF (Acknowledgment) This instrument was acknowledged before me on the by STATE OF TEXAS COUNTYOF DENTON day of , 19 Notary Public, State of Texas Notary's name (printed): Notary's commission expires: (Corporate Acknowledgment) This instrument was acknowledged before me on the by Jane C. Carlton of HERITAGE LAND & DEVELOPMENT C a Texas corporation, on behalf ofsa o„... a AMYBRUMLEY J' Notary Public, State of Texas �sC e J My Commission Expires FEB. 8,1998 AFTER RECORDING RETURN TO: CITY OF DENTON MUNICIPAL BUILDING 215 E. McKINNEY DENTON, TEXAS 76201 /sf day of December ,1994 President PREPARED IN THE LAW OFFICE OF: F.XHIBI� T "A" I•iI5 DOCUMENT a FOR 9 NIIL �OF IUAING OR REPRODUCING NLTHEA8,ILB.RL C,R.R.RCCT Lin OIPANTPSRURVEY,, AISTRACTINNUNYCR 1niCD THT 86, CITY OF DENTOkA DENTON COUNTY, TEXAS, AND DEI))G PART Dv A (CALLED) IM332 ACRE TRACT DESCRII£D IN A DEED FROM JESSE NEWTON RAYZOR ET AL TO WINDSOR PARK DEVELOPMENT RECU AND IN VMVKNG ALL 13 LOTPAGC 483, DEC RECORDS Of DENTON Ct7♦JH RACCCORDED cIN C�MNET' C. PaLEK CTION AGE CBIR. PLAT R CORDS OF DENTON COUNT TEXAS AND OCING MORE PARTICULARLY DCSCRIYCO AS FOLLOWS, BCGiNNING AT. A IRON PIN SET IN THC EAST LINE Of NUM LOCUST STREET (F.N. ROAD 2164) AT THE NORTHWEST CORNER Of LOT L DLOCK C DI1J THE �CCORNER Of Y VL tAST AS SHOWN ON THE PLAY OFCOOFCRCROSIN4 THCREOF RECORDED IN CA➢INET C PALE q0 Cr THE PLAT RECORDS OF DCNTDN COUNTY, TEXAS, THENCE SOUTH 73 DEGREES 39 MINUTES 93 SECONDS EAST WITH THC SOUTH POUNDARY LINE: OF COOPER CROSSIN4 FIRST SCCTIDK A DISTANCE OF 14 6CDFEETO A CROSS T FOUND IpONST SPIN AT THE SOUTHEAST CORNE3t or LOT OT' SDCNCE OUNDAR04 yI�LINE OFWp TRACT A DISTANCE OFF 1110 FEET TO A FOUND T wv" Plti IXT VEST WrTH THE LINE OF WD'TRACT GADISTAWE OFE149.44SECFEEE TO A r"D IRON PIN EAST AT THE SOUTHEAST CORNER OF LOT L COOPER GLEN RCHCE NORTH 79 DEGREES J9 MINUTES 39 SECONDS VEST A DtST"4CE OF 923.31 {'LEY 10,A tOUND IRON PIW THENCE NORTH 39 DEGREES 33 MINUTES 20 SECONDS WEST A DtSTMK.E of STREET ATETHCDAN JASOUTHWESTIN SET ON TW COKNCR OF LOT�TLINE Or Ilr" GGLENi NORTH LOCUST TWNCE'NORTN DI DEGREES YY MU+VILS 10 SECONDS CAST WITH TIC CAST 11LDISTANCE OF 19o.04 EET1TOSTT-C POINTD OF GIN t Of WORTH LOCUS:INNG ANDTHE WEST LINEI�CONTTAAINING A D IN ALL 9.61 ,ACRES OF LAND. RETURN TO.- City of Denton 215 E. McKinney Denton, TX 76201 ATTNI R696P N. Wilkinson -fk BaVfr i 1.4i014 r=f ^ WN�efifgTiar7 TH,E SftE, nENTnc,nnr q (A f thbM,bf.b 4 AU ,...; f ftCA06E UP LOLUN UAMDUNAPUROE......UNDERNUER&MV. r;d �AxEnr'rEzns ;UP iflifF„F.N70N � .iAthalao,.,instrum5�>fvrr t :,,nitisFllnNmnderRaquenceon in RaatMazoImWGOEW'APhaarpecm6yc: oauYiGmn Cwaunty,vTeason I✓,m,.A DEG 0 9 1994 ti-Y' r:1r 6EN1�°44 OEN7'ON UOUN7'Y, 1'kXAU *, a,i Filed for Record i.nc DENTON COUNTY, TX 1-I01,10RRDLE TIM FIODGES/COUNTY CLERK On Dec 08 1994 At 10c56am Doe/Hum 94—R0090445 WD Doc./Type ° 11.00 Rer.ordangc 00 RecciF�t e, t It, c 349f>1 fte DeputY - CHRIST'I