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Home My WebLink AboutR2002-006A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS TO ENABLE AN EXCHANGE OF RIGHT OF WAY TO ALLOW THE ABANDONMENT OF EDWARDS STREET BETWEEN AVENUE E AND AVENUE D AND THE REROUTING OF CHESTNUT STREET TO ACCOMMODATE THE CONSTRUCTION OF A NEW STUDENT RECREATION CENTER; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton and the University of North Texas desire to enter into an Interlocal Agreement for the exchange of land for use as a fight-of-way, pursuant to §791.028 of the Government Code, §272.001 of the Texas Local Government Code, and §2-127 of the Denton code of ordinances; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: Section I. The City Manager or his designee is hereby authorized to execute on behalf of the City of Denton an Interlocal Agreement with the University of North Texas to enable the exchange of land for use as fight-of-way for the proposed Student Recreation Center located between West Sycamore Street, Chesmut Street, Avenue E, and Avenue D in substantially the same form as of the Inteflocal Agreement attached hereto and made a part hereof by reference. Section 2. approval. PASSED AND APPROVED this the /~-~ dayof J~~-, EULINE BROCK, MAYOR This resolution shall become effective immediately upon its passage and 2002. ATTEST: JENNIFER WALTERS, CITY SECRETARY HERB~_~TORNEY C:\WINDOWS\TEMP\UNT [nterlocaI-ROW.doc INTERLOCAL AGREEMENT THIS AGREEMENT is entered into effective as of the date set forth below by and between the City of Denton, Texas, a home rule municipal corporation (the "City") and the University of North Texas CUNT"). WHEREAS, the City and UNT desire to enter into an Interlocal Agreement for the exchange of land for use as right-of-way, pursuant to §791.028 of the Texas Government Code, 272.001 of the Texas Local Government Code, and §2-127 of the Denton Code of Ordinances; and WHEREAS, UNT has a construction project to build a new student recreation center located between West Sycamore Street, Chestnut Street, North Texas Boulevard (formerly known as Avenue E), and Avenue D that requires the abandonment of a portion of Edwards Street and a partial abandonment of Chestnut Street as described in Exhibits "A" and "C" and illustrated on Exhibit "B" and "D", respectively, which exhibits are attached hereto and made a part hereof by reference (the "Abandoned Property"); and WHEREAS, the new recreation center will benefit both UNT and the citizens of the City of Denton; and WHEREAS, the right-of-way to be conveyed by UNT to the City in exchange for the Abandoned Right-of-Way is described in Exhibits "E", "G" and 'T' and illustrated in Exhibits F", "Fl" and "J" ", respectively, which exhibits are attached hereto and made a part hereof by reference (the "Exchange Property" or "Exchange Right-of-Way"); and WHEREAS, both City and UNT agree that the Exchange Property equals or exceeds the fair market value of the Abandoned Property; and WHEREAS, because UNT is the underlying and abutting fee simple owner of Abandoned Property, the conveyance of the City's interest in the Abandoned Property may be for less than fair market value as provided for in §272.001(b) of the Texas Local Government Code; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein the City and UNT hereby agree as follows: 1. The City shall abandon the Abandoned Property and quit claim its interests therein to UNT subject to the rights of all utilities currently existing in the Abandoned Property to continue to operate and maintain existing utility facilities in the Abandoned Property (the City's Abandonment and Quit Claim"). In exchange for the City's Abandonment and Quit Claim, UNT shall convey the Exchange Property to the City by right-of-way deed or deeds in substantially the form of the Street Right-of-Way Deed attached hereto and made a part hereof by reference as Exhibit "K" (UNT's Conveyance"). 2. If UNT's Conveyance is not made within six months of the City's Abandonment and Quit Claim UNT shall be in breach of this Agreement. In such case the City may either enforce specific performance of this Agreement or obtain liquidated damages from UNT in the amount of $91,000.00. The parties agree that the liquidated damages represents the fair market value of the City's Abandonment and Quit Claim. 3. The City Council of the City and the Board of Regents of UNT have duly authorized this Agreement and the execution of same by the officers or agents who have signed below on their behalf. the itness Where, of,, this Agreement has been executed by the parties to be effective this day of \~"~~ 2002. CITY OF DENTON ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAI~ORM: HERBERT L. PROUTY,,C~FY ATTORNEY l/ FREDI~ICK R. POLE, VICE PRESIDENT FOR ADMINISTRATIVE SERVICES APPROVED AS TO FORM BY: S:\CONTRACTxAdministrative Contraets~StudentRecCenter~UNT Interlocal Aereement-020602elean.docgA6!ON~d~(~lM~6mlaisl~a6ve Page 2 EXHIBIT A CHESTNUT STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 3,366 SQUARE FEET PROPERTY DESCRIPTION BEING o 3,366 square foot tract of land situated in the existing 50' right of way of Chestnut Street, os dedicated to the City of Denton in College Addition, on Addition to the City of Denton, os recorded by plot in Volume 44, Page 600, Deed Records, Denton County, Texas, and being more particularly described os follows: BEGINNING ct o 5/8" iron rod set for corner ct the northeast corner of Block 43 of said Addition, said corner also being ct the intersection of the south line of said Chestnut Street with the most westerly northwest corner of Avenue D os abandoned by City Ordinance No. 76-47; THENCE S89'51'20"W, o/cng said south line, o distance of 206.13 feet to o 5/8" iron rod set for corner ct the beginning of o curve to the left having o central angle of 20'57'47", o radius of 279..32 feet and o chord bearing and distance of N7g'12'55"E, 101.63 feet: THENCE deporting said south line and clang said curve to the left on crc distance of 102.20 feet to o p.k. nail set for corner; THENCE N89*51'20"E, parallel to said south line, o distance of 186.30 feet to o 5/8" iron rod set for corner ct the intersection of said south line with the northwest corner of Block ..37 of the aforementioned College Addition; THENCE S76'$9'46"W, clang said south line and along o north line of the aforementioned Avenue D abandonment, o distance of 82.22 feet to the POINT OF BEGINNING and containing 3,366 square feet of land, more or less. BASIS OF BEARINGS: The basis of bearings shown hereon is the south line 'of Chestnut Street, S89'51'20"W, os shown on the Denton City Ordinance No. 76-47 recorded in Volume 4942, Pg. 2416, Deed Records, Denton County, Texas. 0i¥ii & Structural Engineering SurYe~ng 4144 Central E×pwy.,Sulte 1100 Dellos,Te×a$ 75204 (214)a24-3§47 Job No. 001015.401 January, 2002 Sheet 1 of 2 EXHIBIT B CHESTNUT STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 3,366 SQUARE FEET SCALE 50' Right of Way N 89'51'20"ECHESTNUT STR~ P.O. B t b S 89'b~'20" W 206.15' i~ C.~', A = 20'57 47 R = 279.52' L = 102.20' CB= N 79'12'55" E Ch = 101.65' CHESTNUT STREET 80' R.O.W. 186.50' 5/8"tRS R.O.W. Abandoned by Ordinance No. 76-47 BROCKETTE DAVIS pRAKE , inc. r-)~-)consulting engineers Civil & Structural Engineering Surveying 4144 Central Expwy.,Sulte 1100 dob No. C01015.401 V. 4942,~~ Dallas,Texas 75204 (214)824-3647 January, 2002 Sheet 2 of 2 EXHIBIT C EDWARDS STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 26,988 SQUARE FEET PROPERTY DESCRIPTION BEING o 26,988 square foot tract of land situated in the E. Pucholski Survey, Abstract No. 996, in the City and County of Denton, State of Texas, and being o port of Block 43, College Addition, and being more particularly described os follows: BEGINNING ct o 3/8" iron rod found for corner in the south line of Edwards Street (45' R.O.W.,) ct its intersection with the west line of Avenue D os shown on the Mop of said College Addition; THENCE N89'55'52"W, clang said south line of Edwards Street, o distance of 599.73 feet to o 5/8" iron rod set for corner ct the intersection of said south line with the east line of Avenue E (50"R.O.W.); THENCE NOO'OS'IS"E, deporting said south line and clang said east line of Avenue E, o distance of 45.00 feet to o 5/8" iron rod set for corner ct the intersection of sold east line with the north line of said Edwards Street; THENCE S89'55'52"E, departing said east line and clang the said north line of Edwards Street, o distance of 599. 73 feet to o 5/8" iron rod set for corner in the afore- mentioned west line of Avenue D; THENCE S00"08'18"W, deporting said north line and along the said west line of Avenue D, o distance of 45.00 feet to the POINT OF BEGINNING and containing 26,988 square feet or 0.6196 acres of land, more or less. BASIS OF BEARINGS: The basis of bearings shown hereon is the south line of Edwards Street, Nsg*55'52"W, os shown on the Warranty Deed recorded in Votume 2049, Page 396, Deed Records,__.. Denton. County, Texos. .~- BROCKETTF' DAVIS DRAKF. , n~~' ~'E:)consulting engineers Civil & Structural Engineering Surveying 4144 Central Expwy.,Suite 1100 Dallas,Texas 75204 (214)824-3647 Job No. C01015.401 October, 2001 Sheet 1 of 2 EXHIBIT D EDWARDS STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 26,988 SQUARE FEET SCALE "1'.--'100 AVENUE E X'~OUND 5!.0' C) c~ N 00'08'18" E cOLt- i3t-0 POINT OF BEGINNING 26,988 SQUARE FEET STREET ABANDONMENT AVENUE 80' R.O.W, 4144 Centrol Expwy.,Suite 1100 Job No. C01015.4-01 50' R.O.W. 5/a"~Rs 5 0~ 00'08'18"W 45.0, 1 BROCKETTE DAVIS pRAKE , inc, r-~::)consul ting engineers Civil &: Structurol Engineering Surveying Oollos,Texos 75204 (214)824-3647 October, 2001 Sheet 2 of 2 EXHIBIT E County: Denton Parcel 5 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CS J: 918-46 Page 1 of 2 D-15- April 10, 2001 Legal Land Description for Parcel 5 Being a 0.05141 hectare [0.1270 acre] tract of land situated in the E. Puchalski Survey, Abstract Number 996, Denton County, Texas, and being portions of tracts of land described in the deeds to the State of Texas recorded in Volume 583, Page 73, Volume 592, Page 702, Volume 2473, Page 152, and in Volume 540, Page 215, Deed Records, Denton County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of said State of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County, Texas; THENCE S 00°04, 17" W with the west line of said State of Texas tract a distance of 41.743 meters [136.92 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc" set (hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING; 1)THENCE S 88°36'48'' E leaving the west line of said State of Texas tract as recorded in Volume 583, Page 73, a distance of 2.931 meters [9.62 feet] to a 15.875mm iron rod set; 2)THENCE S 89°59' 19" E a distance of 16.664 meters [54.67 feet] to a 15.875mm iron rod set; 3) 4) THENCE S 88°36'48'E a distance of 24.989 meters [81.99 feet] to a 15.875mm iron rod set; THENCE S 89°oo'53"E a distance of 31.535 meters [103.46 feet] to a 15.875mm iron rod set in the east line of said State of Texas tract as recorded in Volume 540, Page 215, Deed Records, Denton County, Texas, said iron rod also being in the west line of the tract described in deed to Glynn C. Morris & Katherine Morris and recorded in county clerk's file number 94-R0012706, Deed Records, Denton County, Texas; s)THENCE S 00'21'48" E with the east line of last said State of Texas tract and the west line of said Morris tract a distance of 6.910 meters [22.67 feet] to an "X" cut set in concrete in the north right-of-way line of Eagle Drive (variable width right-of-way); 6)THENCE N 89o57'38'' W leaving the east line of last said State of Texas tract and with the north right-of-way line of Eagle Drive a distance of 60.961 meters [200.00 feet] to the southwest comer of said State of Texas tract as recorded in Volume 592, Page 702, Deed Records, Denton County, Texas; I:~urvey~2000~000090',PARCEL51gl.doc Page 1 of 2 EXHIBIT E County: Denton Parcel 5 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CSJ: 918-46 Page 2 of 2 D-15- April 10, 2001 7)THENCE N 00°21'48" W with the west line of last said State of Texas tract a distance of 4.094 meters [13.43 feet] to a 15.875mm iron rod set at the southeast corner of said State of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County, Texas; 8)THENCE N 89o55'43'' W with the south line of last said State of Texas tract a distance of 15.169 meters [49.77 feet] to a 15.875mm iron rod set at the southwest corner of last said State of Texas tract, said iron rod also being the southeast comer of that tract of land as described in deed to Charles L. Johnson and wife Mary Anne Johnson as recorded in Volume 535, Page 549, Deed Records, Denton County, Texas; 9)THENCE N 00°04' 17" E with the west line of last said State of Texas tract and the east line of said Johnson tract a distance of 3.976 meters [13.04 feet] to the POINT OF BEGINNING and containing 0.05141 hectares [0.1270 acres] of land NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLA.NE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM. CONTROL MONUMENT: NGS Monument AB2789 DTO D - NOS disk stamped "DTO B 1979" set in a concrete post flush with the ground located near the center of Denton City Airport south of the center taxiway A plat of even survey date herewith accompanies this legal description. l:\Survey',2000~2000090~PARCELSlgl.doc Page 2 of 2 EXHIBIT F DC-DC E~ o Z PARCEL 5 LOT LINE CHARLES L. JOHNSON WIFE MARY ANNE JOHNSON DEED VOL. 535, PG. 54.9 D.R.D.C.T. STATE OF TEXAS DEED VOL. 583, PG. 73 D.R.D.C.T. LOT 10 LOT 11 BLOCK 7 COLLEGE ADDITION VOL. 44, PO. 600 P.R.D.C.T, STATE OF TEXAS DEED VOL. 592, PG. 702 D.R.D.C.T, STATE OF TEXAS DEED VOL. 247,3, PG. 152 D.R.D.C.T. LOT 12 o STATE OF TEXAS DEED VOL. 540, PG. 215 D.R.D.C.T.Z rq S' ~O;~{;4~';'E ,~ ,.,~.'9'l~m' ~LYNN 'C. MORRIS &: KATHERINE E. MORRIS 22.67'] DEED 94-R0012706 LOT 1.'1 D.R.D.C.T. NOTE: EN6LISH UNITS ARE PROV~DEO FOR INFORMAllON ONLY 0=15.875 mm IRON ROD S~T UNLESS OTHERWISE NOTED. NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORI~I CENTRAL ZONE, NAD83 BATUkI. EXHIBIT SHOWING A 0.05141 ha [0.1270 ac.] TRACT OF LAND IN THE E. PUCHALSKI SURVEY ABSTRACT NO. 996 DENTON, DENTON COUNTY, TEXAS April 10, 2005 EXHIBIT G County: Denton Parcel 1 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CS3': 918-46 Page I of 2 D-15- March 13, 2001 Legal Land Description for Parcel 1 Being a 0.00878 hectare [0.0217 acre] tract of land situated in the E. Puchalski Survey, Abstract Number 996, Denton County, Texas, and being part of a tract of land described in deed to the State of Texas, recorded in Volume 549, Page 652, Deed Records, Denton County, Texas, part of a 0.1284 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0062108 and part of a 0.0425 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0064440, Real Property Records, Denton County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at a 12.700mm iron rod found at the northeast corner of said 0.0425 acre tract, said iron rod being the northeast corner of Lot 4R, Block 21, College Addition, an addition to the City of Denton as recorded in Cabinet F, Slide 107, Plat RecOrds, Denton County, Texas and being in the west right-of-way line of Central Avenue (15.240 meters [50 feet] in width); THENCE S 01"04'09" E with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said west right-of-way line a distance of 18.192 meters [59.68 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc" set (hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING; 1)THENCE S 01°04'09'' E continuing with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said ,,,,'est right-of-way line a distance of 9.984 meters [32.75 feet] to a 15.875mm iron rod set at the southeast corner of said 0.0425 acre tract, and the southeast corner of said Lot 4R, said iron rod also being the point of intersection of the west right-of-way line of Central Avenue and the north right of way line of Eagle Drive a variable width right-of-way); 2)THENCE N 89*53'30" W leaving the east line of said Lot 4R and along the south lines of the aforementioned 0.0425 acre tract, the 0.1284 acre tract and the Volume 549, Page 652 tract, and the north right-of-way line of Eagle Drive a distance of 44.163 meters 144.89 feet] to a 15.875mm iron rod set; 3)THENCE N 01°13'12'' W leaving the north line of Eagle Drive a distance of 0.698 meters [2.29 feet] to a 15.875mm iron rod set; 4)THENCE N 88°44'49'' E a distance of 35.935 meters [117.90 feet] to a 15.875mm iron rod set; 5)THENCE N 43*46'48" E a distance of 11.656 meters [38.24 feet] to the POINT OF BEGINNING and containing 0.00878 hectares [0.0217 acres] of land. l:\Survey~2000~000090kPARCELllgl.doc Page 1 of 2 EXHIBIT G County: Denton Parcel 1 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CSJ: 918-46 Page 2 of 2 D-15- March 13, 2001 NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM. CONTROL MONUMENT: NGS Monument AB2789 DTO D - NOS disk stamped "DTO B 1979" set in a concrete post flush with the ground located near the center of Denton City Akport south of the center taxiway. A plat of even survey date herewith accompanies this legal description. Joh~t N. Cordle RP//LS No. 2026 Dunaway Associates, Inc. l:~u rvey~000x2.000090WARCEL1 lgl.doc Page 2 of 2 EXHIBIT H PARCEL i NOTE: ENGLISH UNITS ARE PRO%,IDED ['OR ~NFORMA~ON ONLY 0=15,875 mm IRON ROD SET UNLESS O~HERWI~ NOTED. NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINAT~ SYSTEM NOR'~i CENTRAL ZONE, NAD83 DA'nlM. N 01'13'12' W 0.6 2.29'] CITY OF DENTON BLOCK 21 COLLEGE ADDN. CAB. F, PC, 107 F.R.D.C T STATE OF TEXAS 0.0425 ACRES) 96-R0064440 cot 3~ D.R.D.C.T. STATE OF TEXAS ~ DEED 0.1284. ACRES)STATE OF TEXAS 9B-RO062108DEEOD.R.D.C.T.VOL. 549, PG. 652 N 43'46'48' E 11.656m-- 38.24'] N 88'44'49" E 35.935m [117,90'] N 89'53'30" W 44.163m [144.89'] GRAPHIC SCALE IN ~ETERS ) 10 0 5 10 20 30 1 : 500 m ~ ) JO~N N CORDLE E~IBIT SHO~NG A 0.0097~ ha [0.0~17 ac.] TRACT OF L~D IN TH~ E. PUCH~SKI BSTR~CT NO. DENTON, DENTON COUNTY, TE~S Uorch 15, 2001 EXHIBIT I 7,956 FT. DEDICATION BLOCK 43, COLLEGE ADDITION PROPERTY DESCRIPTION BEING o 7,956 square foot tract of land in Block 43 of the College Addition, on Addition. to the City of Denton, Texas, os recorded by plot in Volume 44, Page 600, Deed Records, Denton County, Texas, and being more particularly described os follows: BEGINNING at o 3/8" iron rod found for corner at the intersection of the north line of Chestnut Street (50' R.O.W.) with the west line of Avenue D (80' R.O.W.) os shown by the plot of said College Addition; THENCE S89'51'20"W, along said north line, o distance of 599.74 feet to o 5/8" iron rod set for corner at the intersection of said north line with the east line of Avenue E (50' R.O.W.): THENCE NOO'OO'30"W, deporting soid north line and along said east line, o distance of 8.00 feet to o 5/8" iron rod set for corner; THENCE N89'51'20"E, deporting said east line and parallel to said north line, o distance of 394.10 feet to o 5/8" iron rod set for corner at the beginning of o curve to the left having o central angle of 18'16'02", o radius of 221.32 feet and o chord bearing and distance of NSO'57'50"E, 70.26 feet; THENCE along said curve to the left on arc distance of 70.56 feet to o 5/8" iron rod set for corner at the beginning of o reverse curve to the right having o central angle of 17'43'16", o radius of 278.68 feet and o chord bearing and distance of NSO'57'50"E, 85.85 feet; THENCE along said reverse curve to the right an arc distance of 86.19 feet to o 5/8" iron rod set for corner; THENCE N89'.bg~"E, parallel to the obovementioned north line of Chestnut Street, o distance of 51.~*~' feet to o 5/8" iran rod set for corner in the aforementioned west line of Avenue D; THENCE SO0'O0'$O"E, along said west line, o distance of 32.01 feet to the POINT OF BEGINNING and containing 7,956 square feet of land, more or less. BASIS OF BEARINGS: The basis of bearings shown hereon is the south line of Chestnut Street. S89'51'20"W, os shown on the Denton City Ordinance No. 76-47 recorded in Volume 4942, Deed Records, Denton County. Texas. BROCKETTE DAVIS Ez cz: consulting engineers Civil & Structural Engineering Surveying 4144 Central Expwy.,Suite 1100 Dallas,Texas 75204 (214)824-56~7 Job No. C01015.401 January, 2002 Sheet 1 of 2 EXHIBIT J SCALE 1~-'100 7,956 SQ. FT. DEDICATION BLOCK 43, COLLEGE ADDITION GOLL~'G c) C) POINT OF BEGINNING 7,956 SQUARE FEET STREET DEDICATION z/a "~F~F S 00'00'30' E 32.01 N 00'00'30' W 8.00' 3 BLOCK R = 22L$2' L ,. 70,56' CS= N 80~7'50" 5/8"1R5 Ch = 70,26' 17'43'16" R = 278.68' L = 86.79' CB= N 80'57'5( Ch = 85.85' 5/8 "IRS 4144 Centrol Expwy.,Suite 1100 Job No. C01015.401 89'59~ £ 51.46' 3/S"IRF~ AVENUE 80' R.O.W. AVENUE E 50' R.O.W. I I I~ BROCKETTE DAVIS pRAKE i~EZZ~consul ting engineers Civil &: Structurol Engineering Surveying DollosiTexos 75204 (214)824-,3647 Jonuory. 2002 Sheet 2 of 2 F~ IIBIT K PAGE 1 OF 10 STREET RIGHT-OF-WAY DEED STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: THAT the University of North Texas whether one or more, 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 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, does GRANT, SAI Yz. and CONVEY unto the Grantee all of those certain tracts or parcels of land containing collectively approximately 0.3313 acres of land, situated in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" illustrated in Exhibit "B", described in Exhibit "C" illustrated in Exhibit "D", and described in Exhibit "E" illustrated in Exhibit "F", all 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 Grantor in and to any adjacent streets, alleys or rights-of-way, hereinafter collectively called the "Property." It is acknowledged and agreed that Grantee is acquiring the Property for the purpose of permitting Grantee or its agents or assigns to construct, maintain, repair and operate thereon street, highway, right-of-way, drainage improvements, utilities and other related improvements. This provision shall not be construed as any restraint on the right of Grantee to convey fee simple title to the Property, but as a restriction as to the permitted use of the Property. Grantor hereby acknowledges that it has received full compensation for the property interests conveyed to Grantee hereunder, including without limitation, full compensation for severance damages, or any damages to, or diminution in value of, other lands belonging to Grantor, that may be claimed or asserted by virtue of such acquisition of the Property by Grantee. 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. Grantor does hereby bind Grantor and Grantor's heirs, successors, executors and assigns, to the extent allowed by law, to forever defend, all and singular the Property unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. S:\CONTRACT~dministrative Contracts\StudentRe¢Center\Street ROW Donation Deed Examole- I EXHIBIT K PAGE 2 OF 10 SIGNED this day of 2002. The University of North Texas By: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me this the behalf of said governmental entity. day of ~ 2002, by of the University of North Texas on Notary Public, State of Texas Print Name: My commission expires Page 2 EXHIBIT K PAGE 3 OF 10 EXHIBIT A County: Denton Parcel 5 Eagle Drive Project Limits: From Avenue "A' to I.O.O.F Street CSJ: 918-46 Page 1 of 2 D-15- April 10, 2001 Legal Land Description for Parcel 5 Being a 0.05141 hectare [0.1270 acre] tract of land situated in the E. Puchalski Survey, Abstract Number 996, Denton County, Texas, and being portions of tracts of land described in the deeds to the State of Texas recorded in Volume 583, Page 73, Volume 592, Page 702, Volume 2473, Page 152, and in Volume 540, Page 215, Deed Records, Denton County, Texas, being more particularly described by metes and bounds as foIlows: COMMENCING at the northwest corner of said State of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County, Texas; THENCE S 00004, 17" W with the west line of said State of Texas tract a distance of 41.743 meters [136.92 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc" set (hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING; 1)THENCE S 88°36'48'' E leaving the west line of said State of Texas tract as recorded in Volume 583, Page 73, a distance of 2.931 meters [9.62 feet] to a 15.875mm iron rod set; 2)THENCE S 89°59'19'' E a distance of 16.664 meters [54.67 feet] to a 15.875mm iron rod set; 3)THENCE S 88°36'48"E a distance of 24.989 meters [81.99 feet] to a 15.875mm iron rod set; 4)THENCE S 89°00'53" E a distance of 31.535 meters [103.46 feet] to a 15.875mm iron rod set in the east line of said State of Texas tract as recorded in Volume 540, Page 215, Deed Records, Denton County, Texas, said iron rod also being in the west line of the tract described in deed to Glynn C. Morris& Katherine Morris and recorded in county clerk's file number 94-R0012706, Deed Records, Denton County, Texas; 5)THENCE S 00°21'48'' E with the east line of last said State of Texas tract and the west line of said Morris tract a distance of 6.910 meters [22.67 feet] to an "X" cut set in concrete in the north right-of-way line of Eagle Drive (variable width right-of-way); 6)THENCE N 89°57'38" W leaving the east line of last said State of Texas tract and with the north right-of-way line of Eagle Drive a distance of 60.961 meters [200.00 feet] to the southwest corner of said State of Texas tract as recorded in Volume 592, Page 702, Deed Records, Denton County, Texas; I:~Survey~000",2000090~PARCEl..51gl.doc Page 1 of 2 EXHIBIT K PAGE 4 OF 10 EXHIBIT "A" County: Denton Parcel 5 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CSJ: 918-46 Page 2 of 2 D-15- April 10, 2001 7)THENCE N 00"21'48" W with the west line of last said State of Texas tract a distance of 4.094 meters [13.43 feet] to a 15.875mm iron rod set at the southeast corner of said State of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County, Texas; 8)THENCE N 89°55'43'' W with the south line of last said State of Texas tract a distance of 15.169 meters [49.77 feet] to a 15.875mm iron rod set at the southwest corner of last said State of Texas tract, said iron rod also being the southeast comer of that tract of land as described in deed to Charles L. Johnson and wife Mary Anne Johnson as recorded in Volume 535, Page 549, Deed Records, Denton County, Texas; 9)THENCE N 00°04'17" E with the west line of last said State of Texas tract and the east line of said Johnson tract a distance of 3.976 meters [13.04 feet] to the POINT OF BEGINNrING and containing 0.05141 hectares [0.1270 acres] of land NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM. CONTROL MONUMENT: NGS Monument AB2789 DTO D - NOS disk stamped "DTO B 1979' set in a concrete post flush with the ground located near the center of Denton City Airport south of the center taxiway A plat of even survey date herewith accompanies this legal description. Jpi N. Cordle 2RPLS No. 2026 Duna,,va7 Associates, Inc. I:\Surve¥~2000~2000090WARCELSIgLdoe Page 2 of 2 EXHIBIT B PARCEL 5 EXHIBIT K PAGE 5 OF 10 LOT LINE CHARLES L. JOHNSON WIFE MARY ANNE JOHNSON DEED VOL. 535, PG. 54.9 D.R,D.C.T. STATE OF TEXAS DEED VOL. 583, PG. 7,3 D.R.D.C.T. LOT 10 LOT 11 STATE OF TEXAS DEED VOL. 592, PG. 702 D.R.D.C.T. BLOCK 7 COLLEGE ADDITION VOL. 44, PO. 600 P.R.D.C.T. STATE OF TEXAS DEED VOL. 24-73, PG. 152 D.R.D.C.T. 0 22 67'] LOT 12 STATE OF TEXAS DEED VOL. 540, PG. 215 D.R.D.C.T. S 00'2f48" E 6.910m GLYNN C. MORRIS &: KATHERINE E. MORRIS DEED 94-R0012706 LOT 1,7, D.R.D.C.T. NO'[E: ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY 0=15.875 mm IRON ROD SET UNLESS 01~IERVASE NOTED. No'rE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE. NAD83 DATUM. EXHIBIT SHOWiNG A 0.05141 ha [0.1270 ac.] TRACT OF LAND IN THE E. PUCHALSKI SURVEY ABSTRACT NO. 996 DENTON, DENTON COUNTY, TEXAS April 10, 2001 EXHIBIT K PAGE 6 OF 10 EXHIBIT C County: Denton Parcel 1 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CSJ: 918-46 Page 1 of 2 D-15- March 13, 2001 Legal Land Description for Parcel 1 Being a 0.00878 hectare [0.0217 acre] tract of land situated in the E. Puchals~ Survey, Abstract Number 996, Denton County, Texas, and being part of a tract of land described in deed to the State of Texas, recorded in Volume 549, Page 652, Deed .Records, Denton County, Texas, part of a 0.1284 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0062108 and part of a 0.0425 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0064440, Real Property Records, Denton County, Texas, being more particularly described by metes and bounds as follows: COMMENCING at a 12.700mm iron rod found at the northeast corner of said 0.0425 acre tract, said iron rod being the northeast corner of Lot 4R, Block 21, College Addition, an addition to the City of Denton as recorded in Cabinet F, Slide 107, Plat Records, Denton County, Texas and being in the west right-of-way line of Central Avenue (15.240 meters [50 feet] in width); THENCE S 01°04'09'' E with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said west right-of-way line a distance of 18.192 meters [59.68 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc" set (hereafter calIed 15.875mm iron rod set) at the POINT OF BEGINNING; i)THENCE S 01004'09'' E continuing with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said ','.'est right-of-way line a distance of 9.984 meters [32.75 feet] to a 15.875mm iron rod set at the southeast corner of said 0.0425 acre tract, and the southeast corner of said Lot 4R, said iron rod also being the point of intersection of the west right-of-way line of Central Avenue and the north right of way line of Eagle Drive a variable width right-of-way); 2)THENCE N 89°53'30'' W leaving the east line of said Lot 4R and along the south lines of the aforementioned 0.0425 acre tract, the 0.1284 acre tract and the Volume 549, Page 652 tract, and the north right-of-way line of Eagle Drive a distance of 44.163 meters 144.89 feet] to a 15.875mm iron rod set; 3)THENCE N 01°13'12'' W leaving the north line of Eagle Drive a distance of 0.698 meters [2.29 feet] to a 15.875mm iron rod set; 4)THENCE N 88044'49TM E a distance of 35.935 meters [117.90 feet] to a 15.875mm iron rod set; s)THENCE N 43°46'48TM E a distance of 11.656 meters [38.24 feet] to the POINT OF BEGINNING and containing 0.00878 hectares [0.0217 acres] of land. l:\Survey~000~000090~PARCELllgl.doc Page 1 of 2 EXHIBIT C County: Denton Parcel 1 Eagle Drive Project Limits: From Avenue "A" to I.O.O.F Street CSJ: 918-46 Page 2 of 2 March 13, 2001 EXHIBIT KPAGE7OF 10 NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM. CONTROL MONUMENT: NGS Monument AB2789 DTO D - NOS disk stamped "DTO B 1979" set in a concrete post flush with the ground located near the center of Denton City Airport south of the center taxiway. A plat of even survey date herewith accompanies this legal description. Joh~ N. Cordle I~ RP/LS No. 2026 ESunaway Associates, Inc. IASurvey~2000~2000090~ARCELllgl.do¢ Page 2 of 2 EXHIBIT D PARCEL 1 NOTE: ENGLISH UNITS ARE PRO~IO£0 FOR INFORMA'RON ONLY O-15.875 mm lEON RO0 SET UNLESS OII-IERWlSE NOTED. NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DA~JM. EXHIBIT K PAGE 8 OF 10 N O1'15'12' W 0.6~ 2.29'] CITY OF DENTON STATE OF TEXAS DEED VOL. 54g, PG. 652 D.R.D.C.T. STATE OF TEXAS o.o42s ACE,S) 96-R0064440 o~ ~ D.R.D.C.T. EXHIBIT E 7,956 SQ. FT. DEDICATION BLOCK 43, COLLEGE ADDITION EXHIBIT K PAGE 9 OF 10 PROPERTY DESCRIPTION BEING o 7,956 square foot tract of land in Block 43 of the College Addition, on Addition to the City of Denton, Texas, os recorded by plot in Volume 44, Page 600, Deed Records, Denton County. Texas, and being more particularly described os follows: BEGINNING at o 3/8" iron rod found for corner at the intersection of the north line of Chestnut Street (50' R.O.W.) with the west line of Avenue D (80' R.O.W.) os shown by the plot of said College Addition; THENCE S89'51'20"W, along said north line, o distance of 599.74 feet to o 5/8" iron rod set for corner at the intersection of said north line with the east line of Avenue E (50' R.O.W.): THENCE NOO'OO'30"W, deporting said north line and along said east line, o distance of 8.00 feet to o 5/8" iron rod set for corner; THENCE NBg'51'20"E, deporting said east line and parallel to sold north line, o distance of ..394.10 feet to o 5/8" iron rod set for corner at the beginning of o curve to the left hovlng o central angle of 18'16'02", o radius of 221.32 feet and o chord bearing and distance of NBO'57'50"E, 70.26 feet; THENCE along said curve to the left on arc distance of 70.56 feet to o 5/8" iron rod set for corner at the beginning of o reverse curve to the right having o central angle of 17'43'16", o radius of 278.68 feet and o chord bearing and distance of N80'57'50"E, 85.85 feet; THENCE along said reverse curve to the right on arc distance of 86.19 feet to o 5/8" iron rod set for corner; N89'59~'~"E, parallel to the abovementioned north line of. Chestnut Street,THENCE dlslonce of 51.~5 feet to o 5/8" iron rod set for corner in the oforementloned west line of Avenue D; THENCE SO0'O0'30"E, along said west line, o distance of 32.01 feet to the POINT OF BEGINNING and containing 7,956 square feet of land, more or less. BASIS OF BEARINGS: The basis of bearings shown hereon is the south line of Chestnut Street. S89'51'20"W os shown on the Denton City Ordinance No. Deed Records, Denton County, Texas. 76-47 recorded in Volume R BROCKETTE DAVIS .DRAKE , in( Dconsulting engineers Civil & Structural Engineering Surve)4n9 4144 Central Expwy..Sulte 1100 Job No. C01015.401 Dallas,Texas 75204 (214)824-3647 January, 2002 Sheet 1 of 2 EXHIBIT F EXHIBIT K 7,956 SQ. FT. DEDICATION ,.^GE ,o oF ,o SC~E ~'-.~oo BLOCK 43, COLLEGE ADDITION oo~o'~o' w e. oo'A V E N U E E 5/8"/RS, 50' R.O.W. I~/ Zb /I / R = 22L32' I ~ I L = 70.~' J ~ / i~ I~R = 278.[8 I I POINT OF BEGINNING ~ ~ ~ ~ ~ = 8~,~ I I 7,95~ SOUARE FEET / /~ch = ~5.85' / SmElT DEO/CA~/O~ ~1/ t ~/~",~s / / J5/8~5/8"IRS"IRF 3/8''IRF[ S 00~0'30" E 32.01 A V E N U E D 80' R.O,W. BROCKETTE ' DAVIS pRAKE ~', ~,~,~/~¢/ consultmg eng,neers ..'::~);~'. ~ .......... , Civil A Structurol Engineering Surve~ng 4144 Centrol Expwy.,Suite 1100 Dollos,Texos 75204 (214)824-3647 Job No. C01015.401 Jonuery, 2002 Sheet 2 of 2