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Home My WebLink AboutR2004-028S:\Our Documents\Resolutions\04\Hickory Creek HOA Quit Claim Resolution. DOC RESOLUTION NO. ~_~00 .~ - 0~,~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT THE CONVEYANCE OF CERTAIN REAL PROPERTY DESCRIBED IN THAT CERTA1N DEED FROM HICKORY CREEK (DENTON) HOMEOWNERS ASSOCIATION, INC., ("HOA") TO THE CITY DATED JANUARY 30, 2001, RECORDED IN VOLUME 4775, PAGE 01285 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND TO EXECUTE A QUIT CLAIM DEED FOR AN APPROXIMATE 0.573 ACRE PORTION OF SAID PROPERTY TO THE HOA, SAID PORTION BEING A PART LOT 4, BLOCK A OF HICKORY CREEK RANCH, PHASE 2, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Hickory Creek (Denton) Homeowners' Association (the "HOA") signed and recorded a warranty deed to the City of Denton, Texas (the "City") dated January 30, 2001 and recorded in Volume 4775, pages 01286-01287 of the Real Property Records of Denton County, Texas, attempting to convey to the City Lots 3 and 4, Block A of that certain plat of Hickory Creek Ranch Phase 2 according to the plat thereof recorded in Cabinet S, Page 242 of the Plat Records of Denton County, Texas (the Property"); and WHEREAS, the City desires to accept the conveyance except for a portion of the Property, being a portion of Lot 4 containing approximately 0.573 acres of land (the Quit Cl~ma Property") as more particularly described in Exhibit "A" to the Quit Claim Deed and Acceptance of Conveyance attached hereto and made a part hereof by reference the "Quit Claim Deed"); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this resolution are incorporated herein by reference. SECTION 2. The City Manager or his designee is hereby authorized to execute the Quit Cla'un Deed on behalf of the City of Denton and to execute all other documents necessary to effectuate this transaction. SECTION 3. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ~ ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 QUIT CLAIM DEED AND ACCEPTANCE OF CONVEYANCE THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Hickory Creek (Denton) Homeowners' Association (the "HOA") signed and recorded a warranty deed to the City of Denton, Texas (the "City") dated January 30, 2001 and recorded in Volume 4775, pages 01286-01287 of the Real Property Records of Denton County, Texas, attempting to convey to the City Lots 3 and 4, Block A of that certain plat of Hickory Creek Ranch Phase 2 according to the plat thereof recorded in Cabinet S, Page 242 of the Plat Records of Denton County, Texas (the "Propertf'); and WHEREAS, the City desires to accept the conveyance except for a portion of the Property, being a portion of Lot 4 containing approximately 0.573 acres of land as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the Quit Claim Propertf'); The City does hereby accept the conveyance of the Property, save and accept the Quit Claim Property, and the City for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, does by these presents, QUIT CLAIM unto the HOA, its successors and assigns, all of the City's fight, title and interest in and to the Quit Claim Property. TO HAVE AND TO HOLD all of the City's right, title and interest in and to the Quit Claim Property unto the HOA, its Successors and assigns forever, so that neither the City nor its successors or assigns shall have, claim or demand any right or title to the Quit Claim Property. Witness my hand, this the /~"~/- day of ~ ,2004. Michael A. Conduf~,~-h City Manager ~-~ ATTEST: APPROVED AS TO FORM: HERBERT L~ .U~ ~ ATTORNEy CEPTED~.. "~__~0' ' HICKORY CREEK (DENTON) HOMEOWNER'S ASSOCIATION, INC. BY: Name: Title: ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on ~_//~'~.~. / , 2004 by Michael A. Conduff, City Manager of the City of Denton, Texas,Von behalf of said city. IF;;} Not,w ,ub.ic. st,to o* Texss Notary Public, in and for the State of Texas. My Commission Expires J My Commission Expires: 0~/~ 7/~),~-'Jun~ 27, 2005 THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on ., 2004 by the ., of the Hickory Creek (Denton) Homeowers Association, Inc., on behalf of said corporation. Notary Public, in and for the State of Texas. My Commission Expires: EXHIBIT A rthur Surveying C0., Inc. P.O. I/lox 54 ~ Lowiavil 1o, Texas 75067 Office: (972)221-9439- Fax: (972)221-4675 0.573 Conveyance Tract Part of BlockA~ Lot 4 Hickory Creek Ranch Phase 2 City of Denton, Denton County, Texas City of Denton Project J-DE No. 686559 City of Denton Project Name: Hickory Creek Plat Amendment Being a 0.573 acre tract of land situated in the S. A. Vuntors Survey, Abstract No. 1315, in tho City of Denton, Denton County, Texas, and being a part of Block A, Lot 4, ofHickory Crock Ranch, Phase 2, an addition to tho City ofDantun, Denton County, Texas, according to the plat thcrcofrecorded in Cabinet S, Page 241 ofthe Plat Records ofDantun County, Texas, and being more particularly descn'bad as follows: BEGINNING at a 5/8 inch iron rod with a yellow cap marked "Carter & Burgess" formd for the northwest comer ofthe herein described 0.573 acre tract, same point being the northeast comer ofLot 1, Block O of said Hickory Creek Ranch, Phase 2, same point being in the south line ofMontacito Drive (a 60 foot right- of-way); THENCE South 88 degrees 35 minutes 47 seconds East, along the north line of thc herein described 0.573 tract and thc south line ofsald Montecito Drive, passing at a distance of 172.86 foot a ½ inch iron md with a yellow cap marked "Arthur Surveying Company" set for thc northwest comer of a 0.588 acre drainage tract, continuing on said course for a total distance of 188.23 feet to a ½ inch iron rod with a yellow cap marked Arthur Surveying Company" set for the northeast comer of the herein described 0.5'13 acre tract~ same point fi:om which a'5/8 inch iron md with a yellow cap marked "Carter & Burgess" found for the northeast comer of said Block A, Lot 4 and the northeast comer ofsaid 0.588 acre Drainage tract bears South 88 degrees 35 minutes 47 seconds East, a distance of i94.02 feet; THENCE South 11 degrees 08 minutes 52 seconds East, along the east line of the herein described 0.573 acre tract, a distance of 126.11 feet to a ~ inch iron rod with a yellow cap markad "A~ur Surveying Company" set for thc southeast comer ofthe herein descried 0.573 acre tract, same being in thc south linc of said 0.588 acre Drainage tract, same point being in the north line of Lot 10 of Old Alton Estates, an · addition to Denton County, Texas, according to the Plat thereof recorded in Volume 13, Page 25 ofthc Plat Records ofDentun County, Texas, same point bcing in the south line of said Block A,. Lot 4, same point fi.om which a 5/8 inch iron rod with a yellow cap marked "Carter & Burgess" found at the southeast comer of said Block A, Lot 4 and the southeast comer of said 0.588 acre Drainage tract bear5 South 88 degrees 52 minutes 47 seconds East, a distance of 192.76 feet; THENCE North 88 degrees 52 minutes 47 seconds Wast, along the south line of the herein described 0.573 acm tract and said Block A, Lot 4 and said 0.588 acre Drainage tract and along the m>rth Iino of said Lot 10, passing at a distance of 15.35 feet a ½ inch iron rod with a yellow cap marked "Arthur Surveying Company" set for the southwest comer of said 0~588 acre Drainage tract, continuing un passing the northeast comer of Lot 11 of said Old Alton Estates, continuing on said course for a total distance of 215.64 feet to a 5/8 inch iron rod with a yellow cap marked "Carter & Burgess" found for the southwest comer of the herein described 0.573 acre Iract, same point being tho southwest comer of said Block A, Lot 4, same point being the southeast corner of said Lot 1, Block G; THENCE North 01 degrees 24 minutes 13 seconds East, along the west line of the herein described 0.573 10f2 rthur~r~vey~ng~ Co., I~.,,~,~c. P.O. Box 54 - Lowisvillo, Texas 75~7 acre tract and tho west llnc ofsaid Block A, Lot 4, and along thc oest line of said Lot 1, Block G, a dlstanco of 124.16 foot to tho POINT OF BEGINNING and containing a total of0.573 acre of land, moro or los,, No. 43~7 ~ 2of2