HomeMy WebLinkAbout2003-072S:\Our Documents\Ordinan=sW\Thompson Ministries Condenmation.doe
ORDINANCE NO. � DD.3l l% 17A
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 1.134 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR
STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON
AND A TEMPORARY CONSTRUCTION, GRADING, AND ACCESS EASEMENT
CONTAINING APPROXIMATELY 0.660 ACRE OF LAND, LOCATED IN THE ELI
PICKETT SURVEY, ABSTRACT NO. 1018 IN THE CITY OF DENTON, DENTON
COUNTY TEXAS AND BEING A PORTION OF PARCEL 2, CONVEYANCE PLAT
LEXINGTON PARK SOUTH, RECORDED IN CABINET S, PAGE 299, PLAT RECORDS
OF DENTON COUNTY, TEXAS, CONVEYED TO DWIGHT THOMPSON MINISTRIES,
INC. BY DEED RECORDED IN VOLUME 3135, PAGE 439, DEED RECORDS OF
DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE
AND IF SUCH OFFER IS NOT ACCEPTED, AUTHORIZING THE CITY ATTORNEY, OR
HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN
CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE
PUBLIC PURPOSE OF CONSTRUCTING STREET, DRAINAGE, UTILITY AND RELATED
IMPROVEMENTS; REPEALING THAT CERTAIN ORDINANCE NUMBER 2002-187
PERTAINING TO THE SUBJECT PROPERTY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, it is hereby determined that a public necessity exists and that public welfare
and convenience hereby require the acquisition of the following:
a. fee simple title for street purposes, with such fee simple title vesting in the City of
Denton in that certain tract or parcel of land containing approximately 1.134 acre,
together with improvements thereon and appurtenances thereto as more
particularly described in Exhibit "A" and illustrated in Exhibit "B", attached
hereto and made a part hereof by reference (the "Right -of -Way Property"); and
b. a temporary construction, grading and access easement in the name of the City of
Denton, Texas in, over and across that certain tract or parcel of land containing
approximately 0.660 acre as more particularly described in Exhibit "C", attached
hereto and made a part hereof by reference (the "Temporary Construction,
Grading and Access Easement") and as depicted on Exhibit "D", attached hereto
and made a part hereof by reference; to use for access, staging, and placement of
materials, equipment and supplies in conjunction with construction activities for
the construction and installation of the Hickory Creek Road Paving, Drainage,
and Utility Improvements Project (the "Construction Activities"), with said
Temporary Construction, Grading and Access Easement expiring upon the
completion of the Construction Activities or two years from the date the City of
Denton takes possession of the Temporary Construction, Grading and Access
Easement property, which ever occurs first. The Right -of -Way Property and
Temporary Construction, Grading and Access Easement are hereinafter
collectively called the "Property"; and
WHEREAS, the Property is believed to be owned by Dwight Thompson Ministries, Inc.
("Owner"); 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 references. Public necessity exists and public welfare and convenience
require the acquisition of fee simple title in and to the Right -of —Way Property for street
purposes and the Temporary Construction, Grading and Access Easement for the purposes
described above.
SECTION 2. The City Council finds that there is a public necessity and public need to
acquire the Property in the size, scope, width, and dimensions of the Property and for the
purposes stated in this ordinance.
SECTION 3. The City Manager, or his designee, is hereby authorized and directed to
make an offer for the Property to the Owner in an amount equal to fair market plus damages to
the remainder of the Property, if any, as determined by an independent appraisal prepared at the
direction of the City Manager, or his designee (the "Offer"). The City Council finds that the
Offer represents just compensation due the Owner for the Property.
SECTION 4. In the event the Offer is not accepted by the Owner of the Property, the
City Attorney or his designee is hereby authorized and directed to file the necessary
condemnation proceedings or suit and take whatever action that may be necessary against the
Owner and any other parties having an interest in the Property to acquire fee simple title for
street purposes in the Right -of -Way Property, with such fee simple title vesting in the City of
Denton and to acquire the Temporary Construction, Grading and Access Easement.
SECTION 5. If it should be subsequently determined that additional parties other than
those named herein have an interest in said property, then in that event, the City Attorney or his
designee is authorized and directed to join said parties as Defendants in said condemnation.
SECTION 6. Ordinance No. 2002-187 is hereby repealed.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the —60— day of 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CIT SECRETARY
n _ �
BY:
Page 2
APPROVED AW LECfAL FORM:
HERBERT UTY CITY ATTORNEY
110
Page 3
Exhibit A
RIGHT-OF-WAY ACQUISITION
,j PARCEL 5
BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton
County, Texas and being a portion of Parcel 2, Conveyance Plat Lexington Park South,
recorded in Cabinet S, Page 299, Plat Records of Denton County, Texas, conveyed to
Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, Page 439, Deed
Records of Denton County, Texas, said strip of land being more particularly described by
metes and bounds as follows:
BEGINNING at the southwest comer of said Parcel 2, also being the southeast corner of
the a tract of land conveyed to the MLM Family Trust by deed recorded under county
clerk's file number 96-0059630, Real Property Records of Denton County, Texas, said
point being in Hickory Creek Road;
THENCE N 0009'54" W, with the common line between said Parcel 2 and said MLM
Tract, passing a found 1/2 inch iron rod at 37.50 feet, in all a distance of 50.02 feet to a
5/8 inch capped iron rod (TNP) set on the proposed new north right-of-way line of said
Hickory Creek Road;
THENCE with said new right-of-way line with the following courses and distances:
N 89°51'30" E, a distance of 59.45 feet to a set 5/8 inch capped iron rod (TNP);
N 80'44' 18" E, a distance of 159.54 feet to a set 5/8 inch capped iron rod (TNP)
at the beginning of a curve to the right, having a radius of 850.00 feet and a chord
bearing and distance of N 85'17'54" E, 135.15 feet;
Easterly, along said curve, through a central angle of 09°07' 12", an arc distance
of 135.30 feet to a set 5/8 inch capped iron rod (TNP);
N 89°51'30" E, a distance of 67.79 feet to a 5/8 inch capped iron rod (TNP);
N 00°08'30" W, a distance of 10.00 feet to a 5/8 inch capped iron rod (TNP);
N 89051'30" E, a distance of 195.93 feet to a 5/8 inch capped iron rod (TNP)
set on the west right-of-way line of Teasley Lane, F.M. 2181 (variable width
right-of-way);
THENCE S 1032'50" E, with said west right-of-way line of Teasley Lane, a distance of
98.27 feet to a point at the southeast comer of said Parcel 2, said point being in Hickory
Creek Road;
THENCE N 89056'22" W, with the south line of said Parcel 2, a distance of 617.81 feet
to the Point of Beginning and containing 1.134 acres of land of which 0.549 acre is
included in the existing prescriptive right-of-way, leaving a remainder of 0.585 acre of
land more or less.
Bearings are based the Texas State Coordinate System, North Central Zone (NA
See Exhibit B for map.
11105102 Revised easement per new alignment.
_ �. '_`_ `` y,._?"'1jkl" 1 :" — ,.: t _.' K....,:1�. r cr�--•:4+i . ...rf 1 .: �.: p'
r
Exhibit B
gs
S
u
MAP SHOWING PROPOSED
RIGHT—OF—WAY ACQUIS177ON
City of Denton, Denton County, Texos
<, PARCEL I
I
I
� I SURLY P�10j8
El�( P(cKEf
I
/ I DW7GHT THOMPSON MINISTRIES, INC. I
/ 2 I WL. 3135, PG. 439, D.R.D.C.T.
0
PARCEL 2
INELL ADD17ION CONVEYANCE PLAT
CAB. P, PG. 75
LEX/NGTON PARK SOUTH I
49e CAB, s PG 299, P.R.O.C.T.
GORGE T. CONNELL, JR. ' LM FAMILY TRU
VOL Jim, Pa "S, D.R.D.C. T. I CC i 96-00596JO
I R.P.R.D.C. T.
I !t N 00r9'!.' W 3QOY
[:fP:ARCEL 5 I
A AMS TOTAL
9 ACRE M EYI$Mfp ROW! ACRE REM NN"R
d931''"' E J9..3'
a.iin mil• r-N 8931'30' E R7.79'
pore'", W
'.(AC N e93d'77" W 617d1' 3 a137'3n- E
CITY OF DENTON
GARY JAY MADRIGAL I I VOL 4647, PC. 3456
VOL. 4155. PG 1004. (QUITCLAIM) I -
VOL. 429. PG. 467 ALVWN E. MEREDITH ET UX.
VOL 629, PG 474, D.R.D.C.T.
NOTES: VOL. 429, PG. 467, O.R.D.GT. (LEGAL DESC.-REF. DEED)
1. Bearing, are based on the Twee State Coordinate 1rj
Syslam, North Central Zone (Nod 83). P,i3
2. Integral parts of this survey. �Y
0. Nap E SUR Ri
b. field not..
3. the new right -*I -way line wdl be monumenled with
5/6" ban reds copped -T.N.P.' 00
SAP
to
C4
2
EXHIBI T B
PARCEL 5 0 200 400 600
..,..nenmon,nweue . eeunw:
•aa-oi R.M%.e "".I per .....W..L
OF
R�fh TEAGUE NAU AND PERIQNS
J d 7N
fe Ored B LAWRENCE E ALLEE Fart W, r 1 A, Tema, 78102
P Y (e17) 3 J 0 - 5 7 7 3
'r 70+�� tJe West Hlek,ry street
e
/lam G QZ— 'I•y suRN 'lO Den ten "i: r:: 7e70i
Dote: (Y4O) J83-4177
Exhibit C
TEMPORARY CONSTRUCTION EASEMENT
PARCELS
f
BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton
County, Texas and being a portion of Parcel 2, Conveyance Plat Lexington Park South,
recorded in Cabinet S, Page 299, Plat Records of Denton County, Texas, conveyed to
Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, Page 439, Deed
Records of Denton County, Texas, said strip of land being more particularly described by
metes and bounds as follows:
BEGINNING at 5/8 inch capped iron rod (TNP) set at the intersection of the west right-
of-way line of Teasley Lane, F.M. 2181 (variable width right-of-way) with the proposed
new north right-of-way line of Hickory Creek Road (variable width right-of-way), said
point being N 01 °32'50" W, 98.27 feet from the southeast comer of said Parcel 2,
Conveyance Plat Lexington Park South;
THENCE, with said proposed new north right-of-way line of said Hickory Creek Road
with the following courses and distances:
S 89°5 P30" W, a distance of 195.93 feet to a 5/8 inch capped iron rod (TNP);
S 0008130" E, a distance of 10.00 feet to a 5/8 inch capped iron rod (TNP);
S 89°5 P30" W, a distance of 25.00 feet;
THENCE N 0008'30" W, departing said line, a distance of 140.00 feet;
THENCE N 89051'30" E, a distance of 217.74 feet to a point on the east line of said
Parcel 2 and the west right-of-way line of said Teasley Lane;
THENCE S 1 °32'50" E, with said line, a distance of 130.04 feet to the Point of
Beginning and containing 0.660 acre of land more or less.
Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83).
See Exhibit B for map.
11111102 Revised Temporary Construction Easement per new alignment.
Exhibit
D
MAP SHOWING PROPOSED
TEMPORARY CONSTRUCTION EASEMENT
City of Denton, Denton County, Texas
1 PARCEL I I
II
I
1 I
I
1 !
I � I
1
! I SURLY P'
GEORGE T, CONNELL, ✓R. rr I DWIGHT THOMPSON MINISTRIES, INC.
LDL JIJ5, PC 436, D.R.D.C.T. / 2 1 VOL. JIJ5, PG. 439, D.R.D.CT,
O I PARCEL 2
/ 1 CONVEYANCE PLAT
INELL ADDITION LEXINGTON PARK SOUTH
CAB. P. PG. 75
CAB. S. PC 299, P.R.D.CT,
db. !Wr
I
I
ALM FAMILY TRUSTI
CC / 96-00596JO 1
R.P.R.D.0 T. i
TEMPORARY CONSTRUCTION
EASEMENT (0.660 ACRE) —�
- - �saove'JOY
NpiJYla•W'L&u
CITY OF DENTON
IVOL. 4647, PG. J456
I I ALVIN E. MEREDITH ET UX,
I I VOL. 829, PC 474, D.R,D.CT,
NOTES: I I M- 429. PG. 467, D.R.D.CT, (LEGAL DESC-REF. DEED)
1, Beorings are based on the Texas Stale Caordinole
System, North Central Zane (Nod 8]).
2. Integral parts of this survey. 13t5 M
a. Nap
b. Field notes URV�
A The new right-ol-way tine will be monurrented with 1 E 5
5/e' Iran rods capped 'T.N.P.' „dpJ IVR
S�PNER P VV�y
Z
PARCEL 5 0 200 400 500
L: VnaYfll! WENO02]1�IIOv^iCE_SJIEV.ONC
11
11-11-02 R.I..d Ta per new oll"ont.
N♦� d t°.yN
TEAGUE NAU AND PERKINS
ps.. rlrps s sW el....e
LAWRENCE E. ALLEE
1100 Y0°°n Street
Fort Worth. Texas 7 6/ 0 2
JJ6-6y77J
repared By.
+ 4570
ey °/'�sto+�a?•
2JS Wool
uii.kto0 str..t
4 suaN
°e Denton, Tomas sea -417i0t
Dote:
5391 2162
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
133834
CITY OF DENTON
THE STATE OF TEXAS §
5 KNOWN ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That, Dwight Thompson Ministries, Inc., of Riverside
County, California, hereinafter called "Grantor" whether
one or more, 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, a municipal
corporation, which is located in Denton County, Texas, and
whose mailing address is 215 E. McKinney, Denton, Texas
76201, hereinafter called "Grantee", has granted and by
these presents does grant unto Grantee a temporary
construction and access easement for the purpose of
constructing said improvements over, under, through, across
and along all that certain lot, tract, or parcel of land
situated in the County of Denton, State of Texas, and being
more particularly described in attached Exhibit "A" and as
illustrated in attached Exhibit "B".
It is agreed that Grantee, in consideration of the benefits
above set out, will remove from the property above
described, such fences, buildings and other obstructions as
may now be found upon said property for the purpose of
access and construction activities in, along, upon and
across said premises. Grantee, its agents, employees,
workmen and representatives shall have ingress, egress, and
regress in, along, upon and across said premises for the
purpose of access and construction activities or any part
thereof. Grantee shall restore any existing fence or
pavement altered by temporary construction in a workmanlike
manner to an equal or better condition prior to
construction. This agreement and all rights and easements
created hereby shall expire upon the completion of the
Hickory Creek Road Paving and Drainage Improvement Project.
Grantee is purchasing this easement for the purpose of
constructing street and utility improvements, and it
reserves the right to make the improvements on such grade
and according to such plans and specifications, as will, in
5391 2163
its opinion, best serve the public purpose. The payment of
the purchase price for the easement herein conveyed shall
be considered full compensation for same, and for any
diminution in value that may result to remaining property
be virtue of project proximity thereto, grade alignment, or
utility installation, or the alteration of drainage
patterns and facilities.
This easement, together with the other provisions of this
grant, shall until its expiration constitute a covenant
running with the land for the benefit of Grantee, its
successors and assigns. The right hereby granted is
severable and may be assigned either in whole or in part.
Grantor disclaims all warranties of every kind, express or
implied, including but not limited to all warranties of
title and all warranties against encumbrance, and this
grant of easement is made wholly without warranty.
TO HAVE AND TO HOLD the above easement unto Grantee as
aforesaid for the purposes aforesaid the premises above
described.
i
EXECUTED this day of 2003.
Dwight Thompson Ministries, Inc.
By: Nam_
Dwight T ompson
President
5391 2164
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
PAOIli .161AAin of Blelyrm.Ms
5
5
5
This 'nstrument was acknowledged before me this
day of v497 2003, by Dwight Thompson, President
of Dwight Thompson Ministries, Inc., a California
corporation, on behalf of said corporation.
• •� �•Notary �ubhc State of Texai---N
Notary Public - State of -G&17 vrnia/�95
My Commission Expires:
Accepted this , C%H day of �a6uyj
2003 for the CityofDenton, Texas (Resolution No. 91-073).
rNew.a.,. _✓ •:
Paul Williamson
Manager, Real Estate
and Capital Support
5391 2165
Exhibit A
TEMPORARY CONSTRUCTION EASEMENT
PARCELS
BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton
County, Texas and being a portion of Parcel 2, Conveyance Plat Lexington Park South,
recorded in Cabinet S, Page 299, Plat Records of Denton County, Texas, conveyed to
Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, Page 439, Deed
Records of Denton County, Texas, said strip of land being more particularly described by
metes and bounds as follows:
BEGINNING at 5/8 inch capped iron rod (TNP) set at the intersection of the west right-
of-way line of Teasley Lane, F.M. 2181 (variable width right-of-way) with the proposed
new north right-of-way line of Hickory Creek Road (variable width right-of-way), said
point being N O192150" W, 98.27 feet from the southeast comer of said Parcel 2,
Conveyance Plat Lexington Park South;
THENCE, with said proposed new north right-of-way line of said Hickory Creek Road
with the following courses and distances:
S 89°51'30" W, a distance of 195.93 feet to a 5/8 inch capped iron rod (TNP);
S 0008130" E, a distance of 10.00 feet to a 5/8 inch capped iron rod (TNP);
S 89°51'30" W, a distance of 25.00 feet;
THENCE N 0008'30" W, departing said line, a distance of 140.00 feet;
THENCE N 8905 P30" E, a distance of 217.74 feet to a point on the east line of said
Parcel 2 and the west right-of-way line of said Teasley Lane;
THENCE S 1 °32'50" E, with said line, a distance of 130.04 feet to the Point of
Beginning and containing 0.660 acre of land more or less.
Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83).
See Exhibit B for map.
11111102 Revised Temporary Construction Easement per new alignment.
1
I
1
I
1
I
Exhibit B
MAP SNOWING PROPOSED
TEMPORARY CONSIRUC77ON EASEMENT
City of Denton, Denton County, Texas
PARCEL 1
t
I
rly
I � P KEG SURREY P,
jp18
E) I
)G
r
GEORG£ T. CONNELL, ✓R. DWIGHT THOMPSON MINISTRIES, INC.
VOL 3135, PQ 4J6, D.R.D.CT / 2 1 VOL 3134 PC 439, D.R.D.CT.
c
r O
I PARCEL 2 I
ZN
/
J
1
' CONVEYANCE PLAT ;
N
3
'ONCEBLLPADD177ON
LEXINGTON PARK SOUTH
PG. 75
rid,
wA
ri1, CAB. S. PQ 299, P.R.D.CT.
`°�
°£
I
41
I
'
I
TEMPORARY CONSTRUCTION
ee
EASEMENT (0.660 ACRE)
I
1
e
12
NLM FAMILY 7RUSTI
DDDDN�e/�aor•JBt ta7r'
2
w
CC / 96-0059630
1 0 W, j
R.P.R.D.CT,
I SB93t'J 7J. as
g Jo' 19 3'
B9�1Ja��19S 9J'9,
\M1
M1--SOODB'JOt IO.Gtl�
P.QB
CITY OF OENTON
NOI'J}'E 9a.)l
IVOL. 4647, PQ 3456
' 1 ALVIN E. MEREDITH ET UX.
1 1 VOL. 629, PG. 474. D.R.D.CT.
NOTES: I I VOL 429, PG. 467, D.R.D.CT. (LEGAL D£SC—REF. DEED)
1. Bearings are based on the Teas Slate Coordinate
System, North Central Zone (Nod 83).
2. Integral parts of this survey t5
o. Map
b. Field note, UR
3, The new right-of-way line will be manumented with ,1^IRE S
5/W Iran rods capped RT.N.P.' V�1`
SISPNEN P
_PARCEL 5
11-11-02 a.N..d TCE per
�.
repored By.
//- /2-o z
Dote:
0 200 400 600
!o .�
TEAGUE NALL AND PERKINS
a •na •a rrlr • •a „•
N
1 1 0 0 Moe .. St::: I
»,,,,
:E E. ALLEE
Forl We lh, Ta a as 76102
(617)JJ 6»5773
1570
s�"y0�•
235 Weal Nleaor Street
Sulfa 100
iURV
Dan l on, Ta saa 76201
.�
(040) Je3-4177
A Fre¢, eecomer, , j2� -R3: 5391
City of Denton
Engineering Department
City Hall East
601 E. Hickory, Suite B
Denton, Texas 76205
Attention: Paul Williamson
PM. PPDV191CN N?PP1..\'YI.H fiSTRI^..TS THE E/ «.
�NAUD ANU`UtIIENUF9[ED�5LE UlJOER FCD �i'�ia�4liCf rs
THE fv0TGi4A5{ ^n
GOU, CEff76iJ �,LtlM E,' F+e NumEer "TepuED,mm an
I �erWY MY mY ttio 4✓Y✓TMrt 'Yx d,N RE�^ d"
016dd NU.Pe nmh',a T1w. fl
AUG 1.5 (90
• �uNTy O�EHK
OENTON COUNTY•TEX0.4
DE4T89 CBGNT 'c l in:
CYNTHIA MITCHELL, COUNTY CLERK
On Au gg 15 2003
At 11:05am
Receipt #:
50174
Recording:
13.00
Doc/Mgmt
6.00
Doc/Num 2003—R0133934
Doc/Type
EAS
Deputy —Jane
m
Exhibit B
MAP SHOWING PROPOSED
TEMPORARY CONSTRUCTION EASEMENT
City of Denton, Denton County, Texas
1 PARCEL i
I 1
1
I
I
I
I r
I
1 (Dia I
I
so
1
GEORGE T. CONNELL, JR. 1 DWIGHT 7HOMPSON MINISTRIES, INC.
VOL 3I35, PG. 4J6, D.R.O.C'r / 2 1 WL. J/J5, PG 439, AR.D.CT.
r O I PARCEL 2
I
CONVEYANCE PLAT
ONN£cl ADDI77ONPC LEXINGTON PARK SOUTH
CAB. P, 75
i rid, r�,•kr CAB. S, PG. 299, P.R.D.CT.
i
TEMPORARY CONSMUC77ON
EASEMENT (0.660 ACRE)
I
FILM FAMILY TRUSTI
Neev'w
f®
CC Is 96-00596JO I
BA
R R.P.R.D.C.T. 1
\'�
` Z8�jee�l•�
h � ——SG0TN1'JO•C IO.Gb'
urwwrrnsrea
PARCEL 5 Nm•ssa'•w an
CITY OF DENTON
Lx� VOL. 4647, PG. 3456
I I ALV1N E. MER£DI774 ET UX.
I I VIX. 829, PG. 474, D.R.D.CT.
NOTES: I I VOL. 429, PG. 467, D.R.D.Cr. (LEGAL DESC.—REF. DEED)
1. Bearings are booed on the Texas Stale Coordinate
System, North Central Zone (Ned 83).
2. Integral parts of this survey 1315
a. slap
I . Field notes URA
J. The new right-ol-way line wi}I be monumenled with ARE 5
5/60 Iron rods capped 'T.N.P.• veN
50VA0 P1
CO
C4
41
m
� e
PARCEL 5 0 200 400 600
E:\PRa-R14\0EN0o771\R0W\TCE-5—REaD%G
11—I1-02 ReNeed TCE Per nv allemnenl.
_t X, ^STC,`f
1,p4 f0 .7
TEAGUE NAU AND PERKINS
e.qs sa rrq a Is srq
LAWRENCE E. ALLEE
110o I/paPa 1r..l
Fort Worth. Texas 75 1 0 2
(617) 336-577J
F'Frepared BY
+ 4570
+�:x1aA
SURD
235 West Hlek er Strsst
Dsh Ion Texa�070201
Dale:
(040) 303-4177
A FiEZ e&OWV fi,
City of Denton
Engineering Department
City Hall East
601 E. Hickory, Suite B
Denton, Texas 76205
Attention: Paul Williamson
5391 2161
Apry pgpv191QN H?PPI4 \W L^YI RE9T01fT9 THE v v- Hd::FL O8 V`_S
,NAUD ANU`UIENFtlA54E UNpEPBFCCD ME P�FC n
THE BTATR �f Tt).AS ^
LOUMYOFGfN7411 ��bp.'F NunbernequmNrm
I M1e..Y MY Nat Ci. MJ M✓FM'N .>b �1. .1 CN R[f.;1RHEO,MN^
Ne Nb E111n ymo NaTpY.� Y. ....
OMtlaINN�. Hewnk P'�1 '
AUG 5 ZQ03
of
®OUNTV 01L RK , u*
DENTON COUNT'."✓S
HCYNTCMMI�TC IAHkLX COUNTY CLERK
On Augg 15 2003
At 11:05am
Receipt #: 50174
Recording: 13.00
Doc/Mgmt : 6.00
Doc/Num : 2003—R0133834
Doc/Type . EAS
Deputy —Jane
5391 2156
STREET RIGHT-OF-WAY DEED
J-33833
STATE OF TEXAS 5
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON 5
THAT, Dwight Thompson Ministries, Inc., of Riverside County,
California, hereinafter called "Grantor" whether one or more, 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 municipal corporation, which is located
in Denton County, Texas, and whose mailing address is 215 E.
McKinney, Denton, Texas 76201, hereinafter called "Grantee", the
receipt and sufficiency of which is hereby acknowledged, and for
which no lien is retained, expressed or implied, does GRANT, GIVE
and CONVEY unto the Grantee all of that certain tract or parcel
of land, owned by Grantor and situated in Denton County, Texas,
in the Eli Pickett Survey, Abstract No. 1018, and being more
particularly described in Exhibit "A" and as illustrated in
Exhibit "B", both 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 further 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. Grantor hereby waives any and all
right for compensation 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 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.
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Thompson Ministries\DTM ROW Deed.doc
5391 2151
Grantor reserves all oil, gas, and other minerals in and
under the Property; provided the Grantor shall have no right to
enter Property to explore for, produce, extract or mine such
minerals.
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 warrant and 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.
EXECUTED this ;i day of Lt 455 2003.
Dwight T mpson Ministries, Inc.
By:
wight Thompson
President
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Thompson Ministries\DTM ROW Deed.doc
5391
2158
ACKNOWLEDGMENT
STATE OF CALIFORNIA §
§
COUNTY OF RIVERSIDE §
This instrument was acknowledged before me this
of 1v04o7 , 2003, by Dwight Thompson, President
Thompson Ministries, Inc., a California corporation, o
said corporation.
,-1H day
of Dwight
n behalf of
•";Vs TOD J. TAYLOR
•• y •= Notary Public, State of Texas No ar Public, State of -Cad foxzlza 7,Exgs
42•�;c•'My Commission F�cp. OfrOfr2006 My commission expires
Accepted this day of -40(w;p-
2003 for the City of Denton, Texas (Resolution No. 91-073).
By: jr&"X 1A1,iJAAAffhT6&,i--
Paul Williamson
Manager, Real Estate
and Capital Support
3 _
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Thompson Ministries\DTM ROW Deed.doc
5391 2159
Exhibit A
RIGHT-OF-WAY ACQUISITION
,PARCELS
BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton
County, Texas and being a portion of Parcel 2, Conveyance Plat Lexington Park South,
reco;ded in Cabinet S, Page 299, Plat Records of Denton County, Texas, conveyed to
Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, Page 439, Deed
Records of Denton County, Texas, said strip of land being more particularly described by
metes and bounds as follows:
BEGINNING at the southwest comer of said Parcel 2, also being the southeast corner of
the a tract of land conveyed to the MLM Family Trust by deed recorded under county
clerk's file number 96-0059630, Real Property Records of Denton County, Texas, said
point being in Hickory Creek Road;
THENCE N 0009'54" W, with the common line between said Parcel 2 and said MLM
Tract, passing a found 1/2 inch iron rod at 37.50 feet, in all a distance of 50.02 feet to a
5/8 inch capped iron rod (TNP) set on the proposed new north right-of-way line of said
Hickory Creek Road;
THENCE with said new right-of-way line with the following courses and distances:
N 89°5 P30" E, a distance of 59.45 feet to a set 5/8 inch capped iron rod (TNP);
N 80°44' 18" E, a distance of 159.54 feet to a set 5/8 inch capped iron rod (TNP)
at the beginning of a curve to the right, having a radius of 850.00 feet and a chord
bearing and distance of N 85°1T54" E, 135.15 feet;
Easterly, along said curve, through a central angle of 09°07' 12", an arc distance
of 135.30 feet to a set 5/8 inch capped iron rod (TNP);
N 89°5 P30" E, a distance of 67.79 feet to a 5/8 inch capped iron rod (TNP);
N 00°08'30" W, a distance of 10.00 feet to a 5/8 inch capped iron rod (TNP);
N 89°5 P30" E, a distance of 195.93 feet to a 5/8 inch capped iron rod (TNP)
set on the west right-of-way line of Teasley Lane, F.M. 2181 (variable width
right-of-way);
THENCE S 1032'50" E, with said west right-of-way line of Teasley Lane, a distance of
98.27 feet to a point at the southeast comer of said Parcel 2, said point being in Hickory
Creek Road;
THENCE N 89056'22" W, with the south line of said Parcel 2, a distance of 617.81 feet
to the Point of Beginning and containing 1.134 acres of land of which 0.549 acre is
included in the existing prescriptive right-of-way, leaving a remainder of 0.585 acre of
land more or less.
Bearings are based the Texas State Coordinate System, North Central Zone (NA
See Exhibit B for map.
11105102 Revised easement per new alignment.
Exhibit B���
F MAP SHOWNG PROPOSED•
RIGHT—OF—WAY ACQUISIAON
City of Denton, Denton County, Texas
PARCEL I
I
I
/
I / I i1 SURLY p-jOt9
ELt pIGKE
I
DWIGHT 7HOMPSON MINISTRIES, INC. I
/ 2 I VOL. 31J5, PC, 439, D.R.D.CT.
r
c
a
GEORCE T. CONNELL, JR. '
VOL JIJS, PG, 4J6, D.R.D.C. T. I
I
O I PARCEL 2
INELL ADDITION CONVEYANCE PLAT I
CAB, P, PD. 75
'�1•, LEX/NCTON PARK SOUTH I
We Rp
CAB. $ PC. 299, P.R.D.CT.
PARCEL 5
LUI AGCS )0)AC
0.319 AGf /N Cn5RN0 ROW
Iu
e.513 AMC RFNAINPCR
I
I1
N 0931'30• C 39.13'
I
ILM FAMILY 4
e-0997119,
N 8931'30.• C 6J19'
TRUST
i-'izJo
CC j 96-00596J0
'
n-131r5
G-N851J'31Y
N 0098'Je'
'
CITY OF DENTON '
CARY JAY MADRIGAL I �
VOL. 1647, PC. 3456 I
VOL 4155, PC. 1004, (QUITCLAIM) I I
I
Wt. 129, PG. 467
AL NN E. MEREOl7H ET UX.
I I
y
167,BD.R.D.C.
NOTES:
VOL 429, PG. T. (LEGAL DESC-REF DEED)
f. Bevrings are boaee an the Taxes Stole Coordinate
Syelem, North Cenlrcl zone (Nod 83).
p-i sJtS
2. Integral Ports of this Survey.
UR�Y �
Is. Field notesG
RE 5
3. The
VAN 1V
new right-of-woy line will be monvmmlee
' -roes •T.N.P.",
with p
S/e• Iron cepPee,
NEN
EXHIBIT. B
SAP
PARCEL ' S
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V OI COUNTY OIER
DENTON COUNTY. TEY.A9
5391 2161
City of Denton
Engineering Department
City Hall East
601 E. Hickory, Suite B
Denton, Texas 76205
Attention: Paul Williamson
A.w MOB/r.=rC'11L HEn:'rl^.n nesmzr3 me35Le, aCa',�1.- .__
Oi 1HE OCSCHIZEr c' PgOPERNBECAUSE OF COFQ(ipp9
RNALIOANOUNHNPO�DEAELE UNDER EfOEML LAW." •L'
TFIESTY0OF 00H - rz
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AUG 15 20RI
o
DE4189 8GACOc l in:
CYNTHIA MITCHiLL, COUNTY CLERK
On Augg I5 2003
At 11:65am
Receipt #:
50174
Recording:
13.00
Doc/Mont :
6.00
Doc/Nuo :
2003—R0133833
Doc/Type •
ROW
Deputy —Jane