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Home My WebLink About2003-186SAOur Documents\0rdinances\03\Spencer Road - American Legion - Pumhase.doc ORDINANCE NO. - / 0(/ AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PURCHASE A 0.60 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET, UTILITY AND RIGHT-OF-WAY PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE MARY AUSTIN SURVEY, ABSTRACT NUMBER 4 IN DENTON COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN TRACT OR PARCEL OF LAND IN A DEED TO AMERICAN LEGION POST #71 RECORDED IN VOLUME 561, PAGE 464 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, City of Denton staff and agents have reached settlement terms with American Legion Post 971 for the necessary street right-of-way required by the project known as Spencer Road Paving, Drainage and Water Improvements; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to contract and purchase the 0.60 acre tract in Denton County, Texas, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit `B" and illustrated in Exhibit "A", attached hereto and made a part hereof by reference (the "Property"). The Property is being acquired for street, utility and right-of-way purposes. SECTION 2. The City Council hereby authorizes the expenditure of $140,00000 (the "Purchase Price") plus closing costs for the Property. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the `% �h day of 2003. (�� ACIL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY TTORNEY BY: '08 30Vd 'O '8V0 — *NOOV 'd000 0313 '00 N �C) F Ci O � ao z,47 O � W c} J a < U W < < « � Y O Mf C046 � �O O '3 c ~� e we � o 0 Q Q � c M 0 q Q u 'Rtg 'd 'Li A31}1318 'N a. 0 �o 0 0 �o �a Q V v o a m V I v 1 rn Y y' �o c uE u2 r m EXHIBIT'B' Legal Description fora strip of land out of the MARYL. AUSTIN SURVEYA-4 Denton, Denton County, Texas Being all that certain tract, parcel, or lot of land out of the MARY L. AUSTIN SURVEY A-4, in the City of Denton, Denton County, Texas, as described by deed recorded in Volume 561, Page 464, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod found for the southwest corner of aforesaid deed, said iron rod also being in the east line of that tract described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas, having Texas Coordinate System, North Central Zone,1983-1999 coordinates of x = 2397664.26, y = 7120889.89 feet; THENCE with said east line, North 02"5428" West a distance of 35.61 feet to a 5/8" iron rod set for comer, THENCE leaving said east line, North 84"02'16"East a distance of 42.38 feet to a 5/8" iron rod set for an angle point; THENCE North 85"06'09" East a distance of 100.50 feet to a 5/8" iron rod set for an angle point; THENCE South 89*11'13" East a distance of 100.00 feet to a 518" iron rod set for an angle point, THENCE South 83'06'05" East a distance of 100.57 feet to a 5/8" iron rod set for an angle point, THENCE South 83"10'46" East a distance of 103.57 feet to a 5/8" iron rod set for an angle point; THENCE South 84'09'56" East a distance of 97.11 feet to a 5/8"iron rod set for an angle point; THENCE South 89'11'13"East a distance of 143.41 feet to a 5/8" iron rod set for comer in the west line of DENTON COUNTY ELECTRIC COOP ADDITION, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet D, Page 80, Plat Records, Denton County, Texas; THENCE with the west line of said addition, South 01'4341" East, passing at a distance of 15.26 feet, a W iron rod found for the southwest corner of said addition, and continuing for a total distance of 25.12 feet to a point for corner, THENCE North 88'48'19" West a distance of 684.05 feet to the POINT OF BEGINNING and CONTAINING 0.600 acres of land, more or less as surveyed by John nall jr. rpls #1970 during the month of June and July 2002. BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone, 1983 -1999 datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface. See attached Survey Sketch jnj.L-0075; "Dedicated to Quality Service" www.cityofdenton.com 5359 052921 (American Legion Post 471) 1 , LICENSE, RIGHT OF ENTRY AND POSSESSION 098834 STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON WHEREAS, AMERICAN LEGION POST #71, is the sole owner ("GRANTOR") of the following tract of land: That certain tract or parcel of land (the "Property") containing approximately 0.600 acres of land, situated in the City of Denton, Denton County, Texas as part of the Mary L. Austin Survey A-4 and being more particularly described on Exhibit "A" and illustrated on Exhibit "B", both of which are attached hereto and made a part hereof by reference. WHEREAS, the City of Denton, Denton County, Texas (the "City") intends to acquire fee simple title in and to the Property for some or all of street and highway purposes, for utility relocation purposes, for construction, grading, and access purposes, for drainage purposes and for other public purposes; WHEREAS, the City intends to acquire the Property by purchase, or upon failure to acquire by purchase, by condemnation proceedings; and WHEREAS, prior to its acquisition of the Property, the City requires possession of the Property in order to construct important public improvements for paving, utility and drainage improvements associated with the project commonly ]mown as, among other things, the "Spencer Rd. Improvements Project" and Grantor consents to said prior possession of the Property. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Grantor for in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable ideration to it in hand paid by the City, the receipt and sufficiency of which are hereby owledged and confessed, has GRANTED, BARGAINED, SOLD and CONVEYED and by : presents does GRANT, BARGAIN, SELL and CONVEY unto the City the license, the right privilege of the use of and a private license and right of entry over, across and upon the erty, the right to remove improvements, if any, with which the Property is encumbered, and ession of the Property for street and highway purposes, for utility relocation purposes, for truction, grading, and access purposes, for drainage purposes and for other public purposes. This grant of license, 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 which to value the Property for negotiation or condemnation purposes as the date of actual entry and possession of the Property by the City. 3539 )SZQ3, 2. The grant herein made shall not prejudice, in anyway, 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 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 that in the event the City institutes condemnation proceedings, the City is not liable to Grantor for interest upon any award or judgment 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 license, right 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 of the Property for street and highway purposes, for utility relocation purposes, for construction, grading, and access purposes, for drainage purposes and for other public purposes, subject to the limitations above described. This LICENSE, RIGHT OF ENTRY AND POSSESSION is EXECUTED to be effective as of June 6, 2003. AMERICAN LEGION POST #71 By If J^ n yrVJ Pnnty __!�rV b(el 9 JAW Z. t'057r G w &L i✓ D c2 _61 ACCEPTED AND AGREED TO by the City of Denton, Texas this day of * U N E , 2003. APPROVED AS TO FORM: CITY ATTORN Y CITY OF D TE S BY: CITY OF DENTON, TEXAS, A Horne -Rule Municipal Corporation By: ic]y A. Conduff City Manager PAGE 5359 .529�1 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON § This instrument was acknowledged before me this �a day of 2003 by Samuel J. Marino Post ('nmmnnrlar of AM AN LEGION POST #71,in I is or her stated capacity and on behalf the above -named entity, for the pup ses herein stated / Notary Public, 5 of Texas Printed Name: `�/Amy J. D o/V A" MAMIE J. DUNN Notary Public State of Texas ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON § This it strum nt was acknowledged before me this day of ( Ae,, 2003 by D , , of the CITY OF DENT , TEXAS, in his or her stated ca ty and on behalf the above -named entity, for the purposes herein stated. JENNIFER K. WALTERS Notary Public, State of Texas MY Commission Expires December 19, 2006 APPROVED AS TO FORM: taryPt1 ic, State of Texas Printed Name::J'�; /1//7� CITY ATTORNEY --City or Denton Engineering Department City Hall East 601 E. Hickory, Suite B Denton, Texas 76205 A4teniier;; Pat)! 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G ITy OF -DEN-rot4 :V-NGwEER%N6OFPA0Q7rm6A-IT G�! k4A 0- EAST _Koty ST-, lJu rE B pF,,uTroN, TEMS -74ZO5- �/�Tifl!J : PREL W(arAtASo1J ANY� On„OrTCUOtronce R Irllrv[a5u)DJFli0'T- HIS iATEOrEUEr+ COUNTYOVDVIITGN I nereor ceroH �.xl Ini3 ^IgLIUT="d �dF° FD'S ILn 141e Nero¢¢' oacenncd on I'te dale dPd 1rna 4 ".,.tl np�eV4 4y n+p. en+l rVTi Iluly III;[CFDED. in InC D',Cla I Gut": Pp Iul o'r+nn'I+.epvy. u'()nninn C.-�lY♦ •.c JUN 2 3 2003 COUNTYCLEPK o®i^ DENTON CO Yl 7EXA6 Filed For Record in: DONroN l�uNrr rx CYN111 [A M [ TILL, lX)1l/TY CLEW On Jun 23 am At 4:elpa Receipt tt: 37726 Recording: 13.00 Doc/Ngat 6.00 Doc/Nua 2@*3-RNgg634 Doc/Type : NDO Deputy Felicia