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HomeMy WebLinkAbout23-719ORDINANCENO. 23-719 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE A LETTER DONATION AGREEMENT AND ACCEPT THE GIFT AND DEDICATION OF A FEE SIMPLE INTEREST IN APPROXIMATELY 6.8717 ACRES OF LAND LOCATED SOUTH OF JIM CHRISTAL ROAD LOT 3, AND A PORTION OF LOT 4, BLOCK A, WESTP ARK ADDITION, PHASE 2; CITY AND COUNTY OF DENTON, TEXAS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Westpark Group, LP has offered to dedicate to the City of Denton ("City") an approximately 6.8717 acre tract ofland located south ofJim Christal Road, Lot 3, and a portion of Lot 4, Block A, Westpark Addition, Phase 2, City and County of Denton, Texas; and WHEREAS, the City has conducted its due diligence to determine the environmental condition of the property and desires to accept fee simple title to the property for future public uses; and WHEREAS, the City Council hereby finds that accepting the fee simple dedication will benefit and serve the public; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager, or their designee, is authorized to execute a Letter Donation Agreement, attached hereto as Exhibit A, and accept on behalf of the City of Denton, the dedication of a fee simple interest in an approximately 6.8717 acre tract ofland via a Special Warranty Deed as ExhibitB. SECTION 3. The City Manager is further authorized to carry out all duties and obligations to accept the dedication and complete the title transfer. SECTION 4. If any section, article, paragraph, sentence, phrase, clause, or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in foll force and effect. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by ~n"'"' '\3,e..c., 1( by 'i)rr,__J o"" C \,....<-U Mc G e--L , the ordinance was passed and and seconded approved by the following vote ~ -_Q_]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: VACANT, District 4: Brandon Chase McGee, At Large Place 5: ii Chris Watts, At Large Place 6: ,/ PASSED AND APPROVED this the L( f,-1-.. day of__._A.:....ip.,c..r:......;;'---\ ___ _;,, 2023. ATTEST: ::~ Deputy City Secretary APPROVED AS TO LEGAL FORM: --:--,,, --= MACK REINW AND, CITY ATTORNEY BY:{L /V ~~ GERARD HUDSPETH, MAYOR Land Dedication RD Wells Electric Substation South of Jim Christal Road-6.8717 Acres Page2 Recorded On: May 23, 2023 10:30 AM Denton County Juli Luke County Clerk Instrument Number: 52560 ERecordings-RP DEED Number of Pages: 4 " Examined and Charged as Follows: " Total Recording: $38.00 *********** THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: Receipt Number: 52560 20230523000194 Recorded Date/Time: May 23, 2023 10:30 AM User: Kraig T Station: Station 21 STATE OF TEXAS COUNTY OF DENTON Record and Return To: Simplifile I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. Juli Luke County Clerk Denton County, TX THE STATE OF TEXAS COUNTY OF DENTON § § § DEED KNOW ALL PERSONS BY THESE PRESENTS: WESTPARK GROUP, LP, a Texas limited partnership, whose mailing address is P.O. Box 336, Denton, Texas 76202 (hereinafter called "Granter"), for and in consideration 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, whose mailing address is 215 E. McKinney Street, Denton, Texas 76201 (hereinafter called "Grantee"), the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, express or implied, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the Grantee that certain area of land situated in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, together with all improvements situated thereon and all and singularly the rights and appurtenances appertaining thereto and any and all right, title, and interest of Granter in and to any adjacent streets, alleys or rights-of-way (herein collectively called the "Property"). Granter hereby agrees that it has been fully compensated by Grantee for the property interests conveyed to Grantee hereunder, including without limitation, the right or claim to severance damages, or any damages to, or diminution in value of, other lands belonging to Granter that may be claimed or asserted by virtue of such acquisition of the Property by Grantee. This Deed is given and accepted subject to any and all restrictions, reservations, covenants, conditions, rights-of-way, easements, and encumbrances of record, if any, and all municipal or other governmental zoning laws, regulations and ordinances, if any, affecting the herein-described Property, and all other contracts, burdens and encumbrances of any kind affecting the Property, and any other matters affecting the Property that would be shown on an accurate survey of the Property (collectively, the "Permitted Encumbrances"). TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property unto the Grantee, its successors and assigns forever, subject to the Permitted Encumbrances, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Granter, but not otherwise, so that neither Granter nor its successors or assigns shall have, claim or demand any right or title to the Property or appurtenances or any part thereof. EXECUTED by Grantor on th~e set forth jp Vte acknowledgement below, to be effective, however, as ofthe ,f}p day of M 7= , 2023. THE STATE OF TEXAS § § COUNTY OF DENTON § GRANTOR: WESTPARK GROUP, LP, a Texas limited partnership By: Westpark Group GP, LLC, a Texas limited liability company its sole general partner By: The Rayzor Company, a Texas corporation, its sole member By: Uut,~/~ Philip A. ~ker, Vice President This instrument was acknowledged before me on the 2nd day of May 2023, by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, the sole member of Westpark Group GP, LLC, a Texas limited liability company, the sole general partner of Westpark Group, LP, a Texas limited partnership, on behalf of said limited partnership. e ANGElA RICHMOND llolary PullllC, Stale Of Tellll N111arY N: 12801fflâ—„ MrCDnlnilslOn &pllll&-19-20H ~ ~~~ Notary Public, State of Texas EXHIBIT "A" Tract 1: (Fee Simple) SITUATED in the City of Denton, Denton County, Texas, and being all of LOT 3, and part of LOT 4, BLOCK A, WESTPARK ADDITION, Phase 2, as shown on Conveyance Plat recorded under File No. 2019-172, Denton County Official Records, and all being more fully described as follows: BEGINNING at the common north corner of said Lot 4 and Lot 13R-1, Block A, Westpark Addition, as shown on plat thereof recorded under File No. 2018-54, of said Official Records, said point being in the south line of Jim Christal Road (135 foot right-of-way at this point); THENCE South 1 degree, 09 minutes, 35 seconds West with the common line between said Lots 4 and 13R-1, continuing with the common line between said Lot 4 and Lot llR, Block A, Westpark Addition, as shown on said plat in File No. 2018-54, and continuing with the common line between said Lot 4 and Lot 10, Block A, Westpark Addition, Phase 2, as shown on plat recorded as File No. 2013-318, said Official Records, in all 3461.57 feet to a 60d nail found in place for the most westerly southwest corner of said Lot 10 in the north line of said Lot 3; THENCE South 88 degrees, 50 minutes, 20 seconds East with the common line between said Lots 3 and 10, 456.01 feet to a 60d nail found in place for the common north corner of said Lot 3 and Lot 9, Block A, Westpark Addition, Phase 2, as shown on said plat recorded as File No. 2013-318; THENCE South 1 degree, 20 minutes, 40 seconds West with the common line between said Lots 3 and 9, 143.0 feet to a 1/2" iron rod found for the common east corner of said Lot 3, and Lot 1, Block 1, R. D. Wells Interchange, as shown on plat thereof recorded in Cabinet Y, Page 619, of the Denton County Plat Records; THENCE North 88 degrees, 50 minutes, 20 seconds West with the common line between said Lot 3 and said Lot 1, 520.0 feet to the southwest corner of said Lot 3 in an east line of said Lot 4; THENCE North 1 degree, 09 minutes, 35 seconds East with a common line between said Lots 3 and 4, 143.0 feet to the northwest corner of said Lot 3; THENCE North 88 degrees, SO minutes, 20 seconds West in said Lot 4, 0.55 foot; THENCE North 1 degree, 09 minutes, 35 seconds East in said Lot 4 3459.57 feet to a point in the north line of said Lot 4 and said south line of Jim Christal Road; THENCE North 89 degrees, 23 minutes, 35 seconds East with said north line of Lot 4 and south line of Jim Christal Road, 65.03 feet to the PLACE OF BEGINNING, and containing 299,333 square feet {6.8717 acres). Tract 2: (Easement) Non-exclusive easement rights contained and described in JOINT ACCESS AGREEMENT by and between WESTPARK GROUP, LP, a Texas limited partnership and UNITED STATES COLD STORAGE, LP, a Texas limited partnership, dated 02/02/2018, filed of record 02/05/2018, in cc# 2018-13080, Real Property Records of Denton County, Texas.