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HomeMy WebLinkAbout2010-148• :Y ORDINANCE NO. 2010-148 AN ORDINANCE APPROVING AN ASSIGNMENT OF A LEASEHOLD INTEREST IN AN AIRPORT LEASE AGREEMENT AT DENTON MUNICIPAL AIRPORT FROM MICHAEL MOORE, TO TONY A. RILEY LOCATED AT 4710 LOCKHEED, DENTON, TEXAS AT THE DENTON MUNICIPAL AIRPORT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael Moore has requested that his Airport Lease Agreement at 4710 Lockheed dated August 27, 2001 be assigned to Tony A. Riley; and WHEREAS, the Airport Board has approved the Assignment and Lease Amendment; and WHEREAS, the City Council deems it in the public interest to approve this Assignment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to execute an Assignment of a leasehold interest in an Airport Lease Agreement at the Denton Municipal Airport from Michael Moore to Tony A. Riley, attached as Exhibit A and made a part of this Ordinance for all purposes, to evidence the City's consent to the Assignment. SECTION 2. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. 614S, MAYOR 4 -ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: LEASE ASSIGNMENT OF COMMERCIAL OPERATORS LEASE AT DENTON MUNICIPAL AIRPORT DATE: ASSIGNOR: Michael Moore ASSIGNEE: Tony A. Riley LEASE: Date: August 27, 2001 Landlord: City of Denton, Texas Tenant: Michael Moore Premises: All that certain lot, tract, or parcel of land situated in the WILLIAMS NEIL SURVEY, ABSTRACT NUMBER 970 in the City of Denton, Denton County, Texas, and being a part of Lot 1, Block 1 of the Southeast Airport Addition, an Addition to the City of Denton, Denton County, Texas, as recorded in Cabinet G. Page 295 of the Plat Records of Denton County, Texas, the subject tract being more particularly described in ATTACHMENTS A and B. Assignor assigns to Assignee Tenant's interest in the lease. A. Assignee Agrees To: 1. Assume Tenant's Obligations under the Lease. 2. Accept the premises in their present "as is" condition. 3. Complete all obligations of purchase from Assignor prior to this Assignment becoming effective. Landlord consents to the Assignment. Landlord agrees to notify Assignor within 30 days of any Assignee default. B. Assignor agrees as a condition of Landlord's consent to this Assignment that: 1. Assignor will remain liable on the Lease should Assignee default on the lease. 2. Assignor will pay or will have the Assignee pay the Landlord a five hundred dollar ($500.00) transfer fee. 3. Assignor will pay or will have the Assignee pay all the Landlord's administrative costs of handling and processing this Assignment, including without limitation, all Landlord's reasonable attorney fees and Landlord's staff time associated with this Assignment. PREVIOUS ASSIGNMENTS: None Page 2 of 3 For Mic el . oore, Assignor cha Moo .e '�Fqr Tony A. Riley, As i Tony Riley r :r - City of Denton, dlo George 6. Campbell, City Manager Attest: Jennifer Walters, City Secretary By: Q@- - Approved as to Legal Form: Anita Burgess, City Attorne By: STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the (� day- Mow, 20 `(�� , by Michael Moore, airport lessee. —� J [Seal] ]IRES Nota}�Public Siate o exasSUE BRIDGES My COMMISSION EXPIRES Cfission Expires � I:...: JUty 10, 2013 (or Notary Stamp) Page 3 of 3 STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the ( of POLu , 20_, Lday by Tony A. Riley. ��� [SEAL] t �_ SUE BRIDGES '1 My COMMISSION EXPIRES July 10, 2013 STATE OF TEXAS COUNTY OF DENTON Public, State of Texas emission Expires (or Notary Stamp) This instrument was acknowledge d before me on the /J� day of , 201�, by George C. Campbell on behalf of the City of Denton, Texas, a unicipal corporation. [SE JANE E. RICHARDSON ��. _ S Notary Public, State of Texas My Commission Expires --.,;44�; d,.� June 27, 2013 CIA/ 66. tary Public, State of Texas My Commission Expires (or Notary Stamp) Concrete Monument North ATTACHMENT A West Corner Lot 1, Block 1 --- Southeast Airport Addition Cabinet G, Page 295 �,, Qo rn, 150' TAXIWAY DRAINAGE & UTILITY EASEMENT s 88036'10"E 70.00' 0 0 I 0 _0 Lot 3 Lot 4 I Lot 1 W Loti2 3 0 0 I i 6 (V N 10 o I 0 0 Ito 88036'10"W 70.00' P.O.B. LOCKHEED ND 24' Asphalt Road tN:$QED FLOOR 7vG NATURAL GROUND BER • eUR:EO ELECTRIC RISER IRF • IRON ROO FOUND IRS/CAP • 1/2- IRON R00 SET W/CAA FCP FENCE CORNER POST P.L. • PROPERTY LINE L + BUILDING LINE U.E • UTILITY EASEMENT P y E + PUBLIC UTILITY EASEMENT DE DRAINAGE EASEMENT COMM. ESVT • COM:vSUNICATION ESH• WM • WA!ER METER rE.'"mC:NE RISER EZ . E::CTRIC R:SER 'R:NS • ::ECTRIC TRANSi0RMCA POWER POLE :a . LVi . POLE R O'1 • RIGmT OF WAY p 3 . POINT OF BEGINNING :•C.. POINT OF COMMENCING �,.\�•- + OVER -MEAD UTILITY -:]Tv•• • CABLE TV LINE .. E__CTRIC LINE -_T.. - :PY.CN£ LINE .. j.. a 'N'nE FENCE -mCOO FENCE -_W... PIPE 8 CABLE FENCE -o-- • CHAINI-INK FENCE ' } + PLAT OR OEEJ CALL .•,t _r,V'ROL^ING �tC+vL'tit£N� 50' i A a ATTACHMENT B All that certain lot, tract, or parcel of land situated in the WILLIAM NEIL SURVEY, ABSTRACT NUMBER 970, in the City of Denton, Denton County, Texas, and being a part of Lot 1,. Block 1 of the Southeast Airport Addition, an Addition to the Cdts of Denton CountynTexasof Denton, Dentotytheesubject tract recorded in Cabinet G, Page 295 of the Plat Records being more particularly described as follows: Beginning for the Southwest corner of the tract being described herein at a capped iron rod set for corner from which a concrete monument found at the Northwest corner of said Addition bears North 24 Degrees 39 Minutes 36 Seconds West a distance of 1861.31 feet; THENCE North 01 Degrees 23 Minutes 50 Seconds East a distance of 110.00 feet to a capped iron rod set for the Northwest Corner. THENCE South 88 Degrees 36 Minutes 10 Seconds East a distance of 70.'00 feet to a capped iron rod set for the Northeast Corner. THENCE South 01 Degrees 23 Minutes 50 Seconds West a distance of 110.00 feet to a capped iron rod set for the Southwest Corner. THENCE North 88 Degrees 36 Minutes 10 Seconds West a distance of 70.00 feet back to the place of beginning, and enclosing 0.18 acres of land, more or less. This Survey sketch represents the results of an on -the -ground survey made under my direction and supervision on 07-31-01. There are no visible or apparent intrusion, protrusions or easements except as shown hereon. i - FLOOD STATEMENT: I have examined the FEMA Flood Insurance Rate Map for the City of Denton, Denton County, Texas, Community Number 480774, effective date 4-2-97 and that map ( indicates that this property is in Non -Shaded ZONE X which is defined as" Areas determined to be outside the 500-year flood, as shown on Panel 0355 F of said map. i NOTE: This survey was done without the benefit of Schedule A & B or title binder. Kenny oilinge .L.S No.5312 Date