HomeMy WebLinkAbout2007-166ORDINANCE NO. 2007- &
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BY AND
BETWEEN EAGLE FARMS, INC., AND JOHN PORTER AUTO SALES, INC., AS
SELLER, AND THE CITY OF DENTON, TEXAS, AS PURCHASER, REGARDING
A 1.069 ACRE TRACT OF LAND LOCATED IN THE F.P. JOHNSON, C.R. GREEN,
J.F. MYERS, AND H.F. BRUMMETT SURVEY, ABSTRACT NO. 1699, LOCATED
IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION
OF A CALLED 691.64 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO
EAGLE FARMS, INC., AND JOHN PORTER AUTO SALES, INC., RECORDED IN
COUNTY CLERK DOCUMENT NO. 93-R0077959, REAL PROPERTY RECORDS
OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF
FUNDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas is desirous of entering into a Real Estate
Contract with Eagle Farms, Inc., and John Porter Auto Sales, Inc., as Sellers, to acquire
approximately 1.069 acres of land as more particularly described in that certain Real
Estate Contract attached hereto and made a part hereof by reference (the "Contract"); and
WHEREAS, the City Council finds that the Contract serves valid municipal and
public purposes and is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
Section 2. The Contract is hereby approved. The City Manager or his
designee is hereby authorized to enter into the Contract, to make the expenditures
provided for therein, and to carry out the City's rights and duties under the Contract.
Section 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this / t" day of , 2007.
Wit ,
9RT 66• McNEILL, MAYOR
►�
Page 1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
Page 2
1`.. Preliminarv:Title Report. Within ten (10) business days after the date hereof, Purchaser,
at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to
issue a owner's policy commitment (the "Commitment") accompanied by -copies of all recorded
documents relating to easements, rights -of -way, etc., affecting the Property. Purchaser shall give
Seller written notice on or before the expiration of ten (10) business days after Purchaser receives
the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory.
In the event Purchaser states the condition of title is not satisfactory, Seller shall ..at Seller's
option, promptly undertake to eliminate or inodify all unacceptable matters to the reasonable
satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) business days after
receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which
event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to
closing. Purchaser's failure to give Seller this written notice shall.be deemed to be Purchaser's
acceptance of the commitment.
2. Survev. Purchaser; at Purchaser's sole cost and expense; shall obtain a current survey of
the Property,. prepared by a duly licensed :Texas land surveyor acceptable to Purchaser. The .
survey shall be staked on the ground, and shall show the location of all improvements, highways,
streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights -of -
wag on or adjacent to the Property, if any, and shall contain the surveyor's certification that there.,
are no encroachments on the Property and shall set forth the number of total acres comprising the .
Property, "together with a metes and bounds description, thereof. Following, delivery of the
Survey, the parties, agree to amend this Contract to. substitute the metes and bounds description of
the Property set forth on the Survey for the current description set forth herein if the current
description is different from that set forth in the Survey.
Purchaser will have ten (10) business days after receipt of the survey to review and approve
the, survey. In the event the survey is unacceptable, then Purchaser shall within the ten-(10)-
business day period, give Seller .written notice of this fact. Seller shall, at Sellers option,
promptly:undertake to eliminate or modify the unacceptable portions of the survey to the
reasonable satisfaction of Purchaser. In the event Seller is unable.to do so within ten (10)
business days after receipt of written notice, Purchaser, at'its option may elect to terminate this
Agreement (in which event this Agreement shall be mill and void), grant Seller additional time to
cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed
to be Purchaser's acceptance of the survey.
3.'`Sellei s Compliance.; Seller shall have performed, observed, and complied with all of the
covenants, agreeruents,.-and conditionsrequired by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
2 -
Denton to the Property subject, only to those title exceptions listedin Closing
Requirements hereOt such other exceptions as may be, approved in writing by
Purchaser, and the standard printed exceptions contained in the usual form of. Texas
Owner s Policy of Title Insurance, provided, however:
1. The boundary and survey exceptions shall be deleted if
required by Purchaser and if so required, the costs associated
with it shalt be borne by Purchaser,
2. The exception as to restrictive covenants shall be endorsed
"None of Record";
3.>` The exception for taxes shall be limited to the year of
closing and shall be 'endorsed "Not :Yet Due and Payable'
And
4.. The exception as to liens encumbering the Property shall
be endorsed "None of Record"-
C. Deliver to Purchaser possession of the Property on the day ofctosing.
2. "Purchaser's Requirements:. Purchaser. shall pay the consideration as referenced" in the
"'Purchase Price" section of this contract at Closing in immediately available funds.
3:. Closing Costs. Seller shall pay. all taxes assessed by any tax collection authority, through
the date ; of Closing, , All: other .customary and standard costs and. expenses .`of closing in
consummating the'; sale and purchase of the Property not specifically allocated herein shall be paid
b the Purchaser, except each y p party will be'responsible for itsownfees.
VII.
REAL ESTATE COMMISSION
Seller and Purchaser represent and warrant to each other that neither has retained a broker
for this transaction and that there are no brokers or real estate fees due as a result of -the
consummation of this contract.
VHL
RIGHT OF ENTRY AND POSSESSION
Seller hereby agrees to, and shall execute the Right Of. Entry and Possession attached
hereto and made'a:part hereof as Exhibit "B simultaneously with the execution of this Real .
Estate Contract, which will allow the Purchaser the right of entry upon, the. right to remove
4
improvements, if any, .with which the Property is encumbered, and grant immediate, possession of the
Property for public utility, access, grading, and construction purposes.
IX.
BREACH BY. SELLER
o
If Seller fails to fullyand timely perform any of its obligations under this:Contract or fails
to consummate the sale of the Property for any reason, except Buyer's default Buyer mayenforce
Specific performance of this Contract.
X
BREACH BY PURCHASER
In the event Buyer fails to consummate the purchase of the Property, if Seller is not in
defaultunder this :Contract, Seller will have the right to enforce specific performance of this
Contract.
XL
MISCELLANEOUS
1. Assignment of Agreement. Purchaser may assign this Agreement without the express `
written consent of Seller:
2. 'Survival ;of Covenants.' Any of the representations, warranties, covenants; . and
agreements. of the parties, as well as any rights and benefits of the patties, pertaining to. a period
of time following the closing of the transactions contemplated hereby shall survive the closing and
shall not be merged therein.
3.. Notice. Any notice required or permitted to be delivered hereunder shall be deemed
received when sent by United States- mail, postage prepaid, certified mail, .return receipt
requested, addressed to Seller or Purchaser, as the base maybe, at the address set forth beneath
the signature of the party..
a. Seller's agent for purposes of notice shall be: John Porter, 1204 West University Drive,.
Suite 400, Denton, TX 76201; (940) 391-0448.
Y
5
b. Purchaser's agent for the, purposes of notice shall.be: Edwin Snyder, City Attorney, City of
Denton, 215 East McKinney Street,: Denton; Texas, 76201 (940) 349-8333.
4. Texas Law to.Anoly. This Agreement shall be construed under and in accordance with
the laws of the State of Texas; and all obligations of the parties created hereunder are performable
in Denton County, Texas.
5. Parties Bound. This Agreement shall be binding upon and. inure to the benefit of the
parties and their respective heirs, executors, administrators, legal representatives; successors and
assigns :where permitted by this Agreement.
6. Ugal Construction. In case any, one or more of the provisions contained in this
Agreement shallfor any reason be held to be invalid, illegal, or unenforceable in any respect, said
invalidity; illegality, or unenforceability shall not affect. arty. other provision hereof, and this
Agreement shalt be construed as if the invalid; illegal, or unenforceable provision had never been
contained herein:
7, Prior Asteements Superseded. This Agreement constitutes the sole and only agreement
of the parties. and supersedes any prior understandings or written or oral agreements between'the
parties respecting the within subjectinatter.
8. Time of Essence. Time is of the essence in this Agreement.
9. Gender. Words of any gender used in this: Agreement shall be held and construed to
include any other gender, and words in the singular number shall be held to include the plural, and
vice versa, unless the contextrequires otherwise:
10_ Memorandum of Contract. 'Upon request of either party, hot parties shall promptly
execute a memorandum of this Agreement suitable for filing of record: `
11. Compliance. In accordance with the requirements of the Texas Real Estate License'
Act, Purchaser is' hereby advised -that it should be famished with or obtains' a policy of title
insurance or Purchaser should have the abstract covering the Property examined.by an attorney of
Purchaser's own selection. .
12. Effective Date; The term "Effective Date" means the latter of the dates on which this
Contract is: signed'. by either Seller or Purchaser, as indicated by their signature below: If the last
Party to execute this Contract fails to complete the date of execution below that party's signature,
the date the Title Company acknowledges receipt of a copy of this fully executed contract is the
Effective Date.
6
IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows:
SELLER:
Eagle Farms Inc: and
John Porter Auto Sales Inc.
By:
John Porter
Title:
PURCHASER:
City of Denton, Texas
By:
George Campbell
City Manager
APPROVED AS TO FORM:
CITY ATTORNEY
Cit
BY
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DENTON
Before me the undersigned authority on this day personally appeared John Porter, known to me to
be the person whose name is subscribed hereto and after being duly sworn, acknowledged that he
is authorized and has executed the above document for the purposes and consideration therein
stated and for the purpose therein stated on behalf of Eagle Farms, Inc. and John Porter Auto
sales, Inc_
Witness my hand and seal of office this the
2007.
GS "'
day of 1 oA_ E
BREtT LLE
MICHAEL o} Texas Notary Public in and for
to e
Notary V Commis on Expires State of Texas
Au9us122,2010 /%�IiC{{REL [3. JToLL£
Printed Name of Notary
My commission expires E- 22 - �I
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DENTON
Before me the undersigned authority on this day personally appeared George C. Campbell, City
Manager, City of Denton Texas, known to me to be the person whose name is subscribed hereto
and after being duly sworn, acknowledged that he executed the above document for the purposes
and consideration therein stated and for the purpose therein stated on behalf of and for the City of
Denton, Texas.
Witness my hand and seal of office this the % Si day of _�L, ; �— 2007.
Notary Public in and for
a.p�. LINDA HOLLEY State of Texas
Notary Public, State of Texas
My Commission Expires `.����. l�,L�r-y
r= December 08.2009 Printed Name of Notary
My commission expires / -J-cy
TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT
The Title Company acknowledges receipt of the fully executed Contract on -7 day of u
2007.
TITLE COMPANY:
Name: Senders Title Company
Address: 220 San Jacinto Blvd.
Denton, Texas 76205
Phone: 940-442-6159
By: ko�lon��
Printed Name: 6jaci e 1401b,2A
Title: VicL �lfcy;dcn�
EXHIBIT -A� \'\
rthur Surveying Co., Inc.
Professional zxuu survey.,,
P.O. Box 54 -• Lewisville, Texas 75067
Office: (972) 221-9439 — Fax: (972)221-4675
FIELD NOTES
Betng,all that certain lot, tract or parcel of land situated in the F. P. Johnson, C R
Green, J. F. Myers, and H. F. BrummettSurvey, Abstract No. 1699, located in the City
of Denton, Denton County Texas, and being a portion of a called-691.64 acre tract of.
land described in deed to Eagle Farms, Inc., and John Porter Auto Sales, Inc., recorded
in .County Clerk Document No. 93-110077959, Real Property Records of Denton County,
Texas, and being more particularly described by metes and bounds as follows
COMMENCING .at a 1/2 inch iron rod found for the northeast°comer of a called 1.33
Pore tract of land described in deed to The City of Denton, Texas, recorded in Volume
1185, Page 999, Real Property Records of Denton County; Texas, from which a 80D-
Nail found at the intersection of Masch Branch Road and Jim Christal Road, same being {
the most northeasterly comer of said Eagle Farms and John Porter Auto Sales Tract,
bears South 85 degrees 11 minutes 43 seconds East, a distance of 4683.66 feet;
THENCE South•19 degrees 26 minutes 07 seconds West, with Ilia common line ofsaid
Eagle Farms ;and John Porter Auto Sales Tract, and said Ctly of Denton Tract, : a
distance of 138.94 feet to a 1/2'inch iron rod with a cap stamped •Arthur. Surveying
Company' set1for,the POINT OF BEGINNING;
THENCE over and across said Eagle Farms .and John Porter Auto Sales Tract, the
following courses and distances:
South 00 degrees 37 minutes 18 seconds East; a distance of 93.31 feet to a 112
inch iron rod with a cap stamped "Arthur Surveying Company' set for comer,
South 19 degrees 26 minutes 07 seconds West, a distance"of 132183 feet to a
U2 inch iron rod with a cap stamped ^Arthur, Surveying Company' set for comer,
South 89 degrees 22 minutes 29 seconds West, a distance of 253.90 feet to a
V2 inch iron rod with asap stamped "Arthur Surveying Company' set for comer
North 00 degrees 37 minutes 31 seconds West, a distance of 348.59 feet to a 1/2
inch,indn rod with`a cap stamped Arthur Surveying Company° set for comer;
North 89 degrees 22 minutes 29'seconds East; a distance of 60.00 feet to a-112
inch iron rod found for the northwest comer of said City of Denton Tract;
R'laeepoja3Y0U71T105216-dty ofdaimiWoea�2705216_bndyeoc - POP 1' - - -
r ..:. ....
�r
EDIT B .
RIGHT OF ENTRY AND POSSESSION
STATE OF TEXAS §
COUNTY OF DENTON §
WHEREAS;': Eagle. Farms,: Inc; and John. Porter Auto.. Sales, Ine. a Texas limited
partnership is the owner (hereinafter referred toas"GRANTOR") of the following tract
of
1. Tracts or parcels of land (collectively called the "Property") containing a -total of "
approximately 1.069 acres of land; situated in the City of Denton, Denton County; Texas, as more.
particularly described'in "Attachment 1", all of which are attached hereto andmadea part
hereof by reference:
WHEREAS; the City is going to acquire fee title in the Property" for public utility purposes;
and
WHEREAS, the City will acquire the "Property" by donation or purchase, or upon failure to
acquire by donation] or purchase, by condemnation proceedings; and
WHEREAS, the City needs possession of the Property in order to construct important public
utility improvements for the expansion of the electric substation adjacent to the Property, related
facilities, "and appurtenances (The ``Public Utilities'):
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS; Ihat Grantor for and
in consideration of the sum of TEN DOLLARS ($16.00) and other good and valuable consideration to
it in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged and confessed
has Granted, Bargained, Sold and Conveyed and by these presents does Grant, Bargain, Sell and
.,Convey unto the City, its "contractors and assigns, the right of entry upon, the right to remove
improvements, if any, with- which the land is encumbered, and possession" of the Property for public
utility, access, gradugg,and construction purposes.
This grant of right of entry and possession is conditioned upon the following:
1. Grantor and the City -agree to and hereby designate the date of taking for winch to
value the Property for negotiation or condemnation purposes as the date of actual entry
and possession of the Property by the City.
2. The grant herein mad 'shall not prejudice, in any way, Grantor's rights to receive full
and just compensation from the City for the Property to be acquired by the City.
3. The "City agrees to acquire the; Property either by donation or purchase; or in the
alternative, by initiation of condemnation proceedings for the acquisition of the
Property: in a good faith and timely manner.
4. It is expressly provided thatin the event the City institutes condemnation proceedings,
the City is not liable to Grantor forint st �
ere upon any award orprdgmem as the result of
such proceedings for any period -of,time prior to the date of the award. However,',.
payment of any interest may be deferred by the City until -entry of judgment.. .
5. This' fight of entry and possession shall extend to the City, its contractors and assigns.
6. Grantor herein warrants that no person or corporation owns an interest in the fee title
Of the Property other than Grantor herein and there are no other parties in possession.
TO HAVE AND:TO HOLD the possession ofthe herein described Property for n„hlic „r;r,.
ACCEPTED AND AGREED TO by the City of Denton, Texas this
day of 2007.
CITY OF DENTON, TEXAS
A Home -Rule Municipal Corporation
By: t�
George C. 6ampbell
City Manager
APPROVED AS TO FORM:
Edwin Snyder, Cj?fY ATTORNEY
ATTACHMENT I \
PAGE- I OF 3
ArthrSurveying-Cb.) Inc.
P2101ba .3nalZamds7o;v
P.O. Box 54 — Lewisville, Teo= 7so67
Office: (972) 221-9439 — Fa¢ (972) 221-4675
FIELDWOTES
Being allthat certain lot, tract or parcel of land situated in the F. P. Johnson, C. R.
Green J. F. Myers, and H. F. Brummett Survey, Abstract No. 1699, located in the City,
of Denton, Denton County Texas, and being a portion of a called.691.64 acre tract of .
land described In deed to Eagle Farms, Inc., and John Porter Auto Sales, Inc-, recorded
in County Cleirk Document No. 93-110077959, Real Property Records of Denton County;
Texas;:and being more particularly described by metes and bounds as follows:
COMMEN W at a 112-inch iron rod found for the northeast comer of a caqed 1.33 '
acre tract'of land described. in deed to The City of Denton, Texas, recorded in Volume'
1185, Page 999; Real Property Records of Denton County, Texas, from which a GOD -
Nall found 8t the intersection of Masd1 Brandt Road afid JOY► Chfi§tal Road, same being
the most northeasterly comer of said Eagle Farms and.John Porter Auto Sales Tract,
bears South 85 degrees 11 minutes 43 seconds Fast, a distance of 4083.68 feet;
THENCE South .19 degrees 26 minutes 07 seconds West, with the common line of said
Eagle Farms andJohn Porter Auto Sales• Tract 8nd said City of ;Denton Tract a
distance of 138:94 feet to a 112 inch iron rod with a cap stamped 'Arthur Surveying
Company' set for the POINT OF BEGINNING:
THENCE over.and across said,Eagle'Fanns and John Porter Auto Sales Tract, the '
following courses and distances:
South OO degrees 37 minutes 18 seconds Fast; a distance of.93.31 feet to a 12
Inch Iron rod with a cap stamped "Arthur Surveying Company' set for corner,
South!19 degrees 26 minutes.07 seconds West, a distance of 132.83 feet to s
12 inch iron rod with a cap stamped "Arthur Surveying Company' set forcomer,
South189 degrees 22 minutes 29 seconds. West, a distance of 253.90 feet to a
12 inch iron rod with a cap stamped 'Arthur Surveying Company' set for comer,
North o0 de
grees 37 minuses 31 seconds West, a distance of 34859 feet to a 1/2inch iron rod with a Cap s�nped"Arthur Surveying Company% set for comsr,
North 89 degrees 22 minutes 29 seconds Fast, a distance of 60.00 feet to a 12.
Inch iron rod found for the northwest corner of said City of Denton Tract;
c%SwPWi ugWY470M6-mhwaemmn+nOMWO52la'�AW
enermoT
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I
ATTACHMENT I
PAGE OF 3
CALLED 102.343 ACRES I -
CALLED'.102.3175 ACRES' THE•-R013ERT N. AND JIMMIE G. NOBLES --'
NOBLES FAMILY PARTNERS,] LTD. '..� CHARITABLE REMAINDER UNITRUST '
C.C.. DOC, NO. 93-ROO89031 _ Vol. 2897. Pg.-995
R.P.R:D.C.T. : -
JIM CHRISTAL; ROAD R.P.R:D.C.T
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.. Gap dck Fence
OF
Q
/ COMMENCING
O l'Pmm eent - - 'O -
LN
E ieting improvements de within fenced
Dn... however the seeps of this survey
does not rafted any, location of saitl'-
improvemanta / moo`$^ / -A _.
_m CALLED 1 33 ACRES -
IN THE CITY OF DENTON, TEXA5
m • VOL. 1185, PG. 999
N R.P.R D.C.T •rr BENN NG
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Bdek e / Cap" t/rCM
1/2-clas '. N89°22' 9 £ 200 0' l/2-ews - w;..' .n -
Cener le Paws, ola /-
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l/2tua - SB9'22'29'W 25 .90' l/rclrrs. y9� "..
CALLED 691.64 ACRES
EAGLE FARMS,INC. AND / / - $
JOHN PORTER AU
TO -.SALES, INC. /
C.C..I)OC. - NO. 93-R0077959
R.P.RDCT r NORTH
• 60 0 60 Feet
.069 Acres i
F: P. Johnson, C. R. Green, rthur Surveying Co,lnc
J. F: Myers, & H. F. ,Brummett Survey Professsonal Land Surveyors
Abstract Number 1699
City of Denton 972-221-9439 - Pax972-2214675
t 220 Elm Sneer, Suite 200 - P.O. Box 54
Denton County, Texas Lewisv;lla, Tez4r i5o67
-20o7-
,. C:\ASC\D¢pmlwc't 200]\2)0821fi - cllY BI dmpn\.wD\E%RIBR.dw9 ]/ll/200] 3:22:Sfi PN COi .. .I .
1,
SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
THE STATE OF TEXAS, §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
THAT the undersigned, Eagle rafms; Inc., and John Porter Auto Sales, Inc.
(hereinafter referred to as "Grantor", whether one or more for and in consideration of
the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration
to it in hand paid by City of Denton, Texas, a home rule municipality (hereinafter
referred to as "Grantee"), the receipt and sufficiency of which is hereby acknowledged
and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does
hereby GRANT, SELL, AND CONVEY unto the said Grantee, the real property
containing approximately 1.069 acres of land more particularly described and illustrated
in Exhibit "A" attached hereto and made a part hereof, together with all improvements,
rights, appurtenances, and hereditaments located thereon or pertaining thereto, including
all rights, title and interest of Grantor in and to adjacent streets, alleys, and rights -of -way
(all of which foregoing are collectively referred to as the "Property").
THIS conveyance is expressly made by Grantor and accepted by Grantee subject
to those exceptions affecting the Property that a set forth in Exhibit "C" attached hereto
and made a part hereof by reference (the "Permitted Exceptions").
Grantor hereby retains and reserves, for Grantor and its successors and assigns
forever, all of the oil, gas and other liquid or gaseous hydrocarbons in, under, or that may
be produced from the Property. However, such reservation does not -include any right to
enter or use any portion of the surface of the property to develop or produce the reserved
estate.
TO HAVE AND TO HOLD the Property, together with all and singular the
rights and appurtenances thereto in anywise belonging unto the said Grantee, its
successors and assigns forever; and Grantor does hereby bind itself, its successors and
assignees to WARRANT AND'FOREVER DEFEND all and singular the said premises
unto the said Grantee, it's successors and assigns, against every person whomsoever
claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not
otherwise, subject to the Permitted Exceptions and the Reserved Minerals.
Executed to be effective as of the 17 day of August, 2007.
Page 1
Eagle Farms, Inc. and John Porter Auto Sales, Inc.
By
John R. Porter
ACKNOWLEDGMENTS
STATE OF, TEXAS §
COUNTY OF DENTON §
This instrument is acknowledged before me, on this Vt
� day of
AuruSr , 2007 by John R. Porter who has the authority to sign on
behalf Eagle Farms, Inc. and John Porter Auto Sales Inc.
;:�?!y,• MICHAEL BRETT STOLLE
•�"= Notary Public, State of Texas
s `- •My Commission Expires Notary Public in and for
''ti';f:;¢ August 22, 2010
State of Texas
Accepted this �h day of 5 r--PTeMdE2 2007 for the City of Denton, Texas
(Resolution No. 91-073).
BY:��L
Paul Williamson
Real Estate & Capital Support Manager
After Recording, Return to:
City of Denton
Utility and CIP Engineering Department
901-A Texas Street
Suite B
Denton, Texas 76209
Attention: RECS Division
Page 2
CALLED 102.3175 ACRES
NOBLES FAMILY PARTNERS, LTD.
C.C. DOC. NO. 93—ROO89031
R.P.R.D.C.T. _
CALLED 102.343 ACRES
THE ROBERT H. AND JIMMIE G. NOBLES
CHARITABLE REMAINDER UNITRUST
--r—Vol. 2897. Pg. 995
ROAD / R.P.R.D.CITj /
-Concrete'. CMP Gravel N59'22'29"E 287.13' Gravel
N
(206.11')
Gate
rick Fence
T
Cravat Pavement e
A
Existing improvements lie within fencedparea.
however the scope of this surveimprdoes
not reflect any location of saidin
improvements.
mTHE
CALLED 1.33 ACRES
CITY OF DENTON, TEX/n
3
VOL. 1185, PG. 999NR.P.R.D.C.T./
ZA
eX.
CVasBfick
Fence21/2-ORS
N8Q°22'9IQ"F% inn
c,) -
Concrete Power/pole
I
Concrete Powe' Pale /
/ Gaa Sign
o /
1.0691 Acrgs /
Steel Taxer
1/2'CIRS Si
CALLED 691.64 ACRES
EAGLE FARMS, INC. AND
JOHN PORTER AUTO SALES, INC. /
C.C. DOC. NO. 93—ROO77959
R.P.R.D.C.T.
EXHIBIT
1.069 Acres
F. P. Johnson, C. R. Green,
J. F. Myers, & H. F. Brummett Survey
Abstract Number 1699
City of Denton
Denton County, Texas
— 2007 —
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POINT OF
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POINT OF
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NORTH
60 0 60 Feet
rthur Surveying Co., Inc.
Professional Land Surveyors
972-221-9439 — Fax 972-221-4675
220 Elm Street, Suite 200 — P.O. Box 54
Lewisville, Texas 75067
C:\ASC\aec Project 2007\2705216 - city of demon\dw9\EXW8lT.dwg 7/11/2007 3:22:56 PM CDT
EXHIBIT A
METES AND BOUNDS LEGAL DESCRIPTION
Being all that certain lot, tract or parcel of land situated in the F. P. Johnson, C. R. Green, J. F. Myers, and H. F. Brummett
Survey, Abstract No. 1699, located in the City of Denton, Denton County, Texas, and being a portion of a called 691.64 acre
tract of land described in deed to Eagle Farms, Inc., and John Porter Auto Sales, Inc., recorded in County Clerk Document No.
93-110077959, Real Property Records of Denton County, Texas, and being more particularly described by metes and bounds as
follows:
COMMENCING at a 1/2 inch iron rod found for the northeast comer of a called 1.33 acre tract of land described in deed to
The City of Denton, Texas, recorded in Volume 1185, Page 999, Real Property Records of Denton County, Texas, from which
a 60D-Nail found at the intersection of Masch Branch Road and Jim Christal Road, same being the most northeasterly corner
of said Eagle Farms and John Porter Auto Sales Tract, bears South 85 degrees 11 minutes 43 seconds East, a distance of
4063.66 feet;
-- THENCE South 19 degrees 26 minutes 07 seconds West, with the common line of said Eagle Farms and John Porter Auto
Sales Tract, and said City of Denton Tract, a distance of 138.94 feet to a 1/2 inch iron rod with a cap stamped "Arthur
Surveying Company' set for the POINT OF BEGINNING;
THENCE over and across said Eagle Farms and John Porter Auto Sales Tract, the following courses and distances:
South 00 degrees 37 minutes 18 seconds East, a distance of 93.31 feet to a 1/2 inch iron rod with a cap stamped "Arthur
Surveying Company' set for corner;
South 19 degrees 26 minutes 07 seconds West, a distance of 132.83 feet to a 1/2 inch iron rod with a cap stamped "Arthur
Surveying Company" set for corner;
South 89 degrees 22 minutes 29 seconds West, a distance of 253.90 feet to a 1/2 inch iron rod with a cap stamped "Arthur
Surveying Company' set for corner;
North 00 degrees 37 minutes 31 seconds West, a distance of 348.59 feel to a 1/2 inch iron rod with a cap stamped "Arthur
Surveying Company" set for comer;
North 89 degrees 22 minutes 29 seconds East, a distance of 60.00 feet to a 1/2 inch iron rod found for the northwest comer of
said City of Denton Tract;
THENCE with the common line of said Eagle Farms and John Porter Auto Sales Tract, and said City of Denton Tract, the
following courses and distances:
South 00 degrees 37 minutes 31 seconds East, a distance of 238.59 feet to a 1/2 inch iron rod with a cap stamped "Arthur
Surveying Company" set for comer;
North 89 degrees 22 minutes 29 seconds East, a distance of 200.00 feet to a 1/2 inch iron rod with a cap stamped "Arthur
Surveying Company" set for comer;
North 19 degrees 26 minutes 07 seconds East, a distance of 115.06 feet to the POINT OF BEGINNING and containing a
1.069 acres of land more or less.
EXHIBIT C
PERMITTED EXCEPTIONS
Easement executed by the Fort Worth national bank, trustee to Texas Power and Light Company,
dated April 25, 1968, recorded in Volume 566, Page 81, Deed records, Denton County, Texas.
Easement executed by The Fort Worth national Bank, trustee to Texas Municipal Power Agency,
dated August 16, 1982, recorded in volume 1163, Page 996, Deed Records, Denton County,
Texas.
Right of Way Agreement executed by Eagle Farms, Inc. and John Porter Auto Sales, Inc. to
Southwestern Gas Pipeline Inc., dated July 11, 2001, recorded in Volume 4899, page 2085, Real
Property Records, Denton County, Texas.
Right of Way Agreement executed by Eagle Farms, Inc. and John Porter Auto Sales, Inc. to
Southwestern Gas Pipeline Inc., dated May 2, 2002, recorded in Volume 5111, page 3094, Real
Property Records, Denton County, Texas.
Right of Way Agreement executed by Eagle arms, Inc. and John Porter Auto Sales, Inc. to
Southwestern Gas Pipeline Inc., dated February 10, 2003, recorded in Volume 5301, page 758,
Real property Records, Denton County, Texas.
Right of Way Agreement executed by Eagle Farms, Inc., and John Porter Auto Sales, Inc. to
Southwestern Gas Pipeline Inc., dated April 29, 2003, recorded in Volume 5332, page 4847,
Real Property Records, Denton County, Texas.
Surface Lease, Easement and Right of Way executed by Eagle farms, Inc. and John Porter Auto
Sales, Inc. to Lynx Oil Co., Inc., a Texas corporation, dated December 9, 2004, recorded in
County Clerk's File No. 2004-158123, Real property Records, Denton County, Texas.
Right of Way Agreement executed by Eagle Farms, Inc. and John Porter Auto Sales, Inc. to
Southwestern gas Pipeline Inc., dated January 10, 2004, recorded in County Clerk's File No.
2005-19603, Real property Records, and Denton County, Texas.
Easement and Right -of -Way Agreement executed by Eagle Farms, Inc. and John Porter Auto
Sales,.Inc. to Crosstex North Texas Pipeline, L.P., a Texas limited partnership dated July 27,
2000 recorded in County Clerk's File No. 2005-102321, Real Property Records, Denton County,
Texas.
Right of Way Agreement executed by Eagle Farms, Inc. and John Porter Auto Sales, Inc. to
Southwestern Gas Pipeline Inc., dated December 6, 2005, recorded in County Clerk's File No.
2005-156015, Real Property Records, Denton County, Texas.
Electric Easement executed by Eagle Farms, Inc. and John Porter Auto Sales, Inc. to the City of
Denton, Texas, dated December 7, 2006, recorded in County Clerk's File No. 2007-4744, Real
Property Records, Denton County, Texas.
Mineral and/or royalty interest, as described in instrument recorded in Volume 1191, Page 521,
Deed Records of Denton County, Texas, referenced to which instrument is here made for all
purposes.
Terms and conditions and stipulations contained in Oil, Gas, or Mineral Lease dated November
17,_ 1999, between Eagle Farms, Inc, a Texas Corporation, as Lessor and Roger A. Soape, inc., as
Lessee, recorded in Volume 4575, page 1371, of the Real Property Records of Denton County,
Texas, and as affected by Lease Description Amendment and Ratification Agreement, recorded
in Volume 5158, Page 4148, Real Property Records of Denton County, Texas.
K
Doc-108566
5'
Electronically Filed Document ****
Denton County
Cynthia Mitchell
County Clerk
Document Number: ,2007-108566 i
Recorded As : ERX-WARRANTY DEED
Recorded On:
Recorded At:
Number of Pages
Recording Fee:
Parties:
September 10, 2007
02:10:08 pm
7
i
Direct- EAGLE FARMS INC
Indirect -
$35.00
Receipt Number: 419466
Processed By: Jane Morris
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.
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SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
THE STATE OF TEXAS, §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
THAT the undersigned, Eagle Farms, Inc., and John Porter Auto Sales, Inc.
(hereinafter referred to as "Grantor", whether one or more for and in consideration of
the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration
to it in hand paid by City of Denton, Texas, a home rule Imunicipality (hereinafter
referred to as "Grantee"), the receipt and sufficiency of which is hereby acknowledged
and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does
hereby GRANT, SELL, AND CONVEY unto the said Grantee, the real property
containing approximately 1,069 acres of land more particularly described and illustrated
in Exhibit "A" attached hereto and made a part hereof, together with all improvements,
rights, appurtenances, and hereditaments located thereon or pertaining thereto, including
all rights, title and interest of Grantor in and to adjacent streets alleys, and rights -of -way
(all of which foregoing are collectively referred to as the "Property").
THIS conveyance is expressly made by Grantor and accepted by Grantee subject
to those exceptions affecting the Property that a set forth in Exhibit "C" attached hereto
and made apart hereof by reference (the "Permitted Exceptions").
Grantor hereby retains and reserves, for Grantor and its successors and assigns
forever,.all of the oil, gas.and other liquid or gaseous.hydrocarbons.in,-under,.or.that.may-
be produced from the Property. However, such reservation does not include any right to
enter or use any portion of the surface of the property to develop or produce the reserved
estate.
TO HAVE AND TO HOLD the Property, together with all and singular the
rights and appurtenances thereto in anywise belonging unto the said Grantee, its
successors and assigns forever; and Grantor does hereby bind itself, its successors and
assignees to WARRANT AND FOREVER DEFEND all and singular the said premises
unto the said Grantee, it's successors and assigns, against every person whomsoever
claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not
otherwise, subject to the Permitted Exceptions and the Reserved Minerals.
ih
Executed to be effective as of the 17 day of August, I2007.
Page 1
Doc-108566
SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
THAT the undersigned, Eagle Farms, Inc., and John Porter Auto Sales, Inc.
(hereinafter referred to as "Grantor", whether one or more for and in consideration of
the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration
to it in hand paid by City of Denton, Texas, a home rule municipality (hereinafter
referred to as "Grantee"), the receipt and sufficiency of which is hereby acknowledged
and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does
hereby GRANT, SELL, AND CONVEY unto the said Grantee, the real property
containing approximately 1.069 acres of land more particularly described and illustrated
in Exhibit "A" attached hereto and made a part hereof, together with all improvements,
rights, appurtenances, and hereditaments located thereon or pertaining thereto, including
all rights, title and interest of Grantor in and to adjacent streets, alleys, and rights -of -way
(all of which foregoing are collectively referred to as the "Property").
THIS conveyance is expressly made by Grantor and accepted by Grantee subject
to those exceptions affecting the Property that a set forth in Exhibit "C" attached hereto
and made a part hereof by reference (the "Permitted Exceptions").
Grantor hereby retains and reserves, for Grantor and its successors and assigns
forever, all of the oil, gas and other liquid or gaseous hydrocarbons in, under, or that may
be produced from the Property. However, such reservation does not include any right to
enter or use any portion of the surface of the property to develop or produce the reserved
estate.
TO HAVE AND TO HOLD the Property, together with all and singular the
rights and appurtenances thereto in anywise belonging unto the said Grantee, its
successors and assigns forever; and Grantor does hereby bind itself, its successors and
assignees to WARRANT AND FOREVER DEFEND all and singular the said premises
unto the said Grantee, it's successors and assigns, against every person whomsoever
claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not
otherwise, subject to the Permitted Exceptions and the Reserved Minerals.
Executed to be effective as of the 2 7 day of August, 2007.
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