HomeMy WebLinkAbout2002-183AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON
AND RAY HALLFORD RELATING TO THE PURCHASE OF A 0.565 ACRE
TRACT OF LAND IN FEE SIMPLE FOR STREET PURPOSES, AND TWO SLOPE
EASEMENTS CONTAINING APPROXIMATELY 0.203 ACRE AND 0.134 ACRE,
RESPECTIVELY, ALL OF WHICH ARE LOCATED IN THE D. LAMBERT
SURVEY, ABSTRACT NUMBER 784, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS, AND BEING PART OF LOT 1, BLOCK A, LOMBARD
ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS, AS PART OF
THE COLORADO/MAYHILL/EDWARDS PAVING AND DRAINAGE
IMPROVEMENTS PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION L The City Manager is hereby authorized to execute a Real Estate
Contract between Ray Hallford in substantially the form of the Real Estate Contract
which is attached hereto and made a part of this ordinance for all purposes, for the
purchase of a 0.565 acre tract of land in fee simple for street purposes, and two slope
easements containing approximately 0.203 acre and 0.134 acre respectively.
SECTION 2. The City Manager is authorized to make the expenditures as set
forth in the attached Real Estate Contract.
SECTION 3. This ordinance shall become effective immediately upon its
passage and approval. �////
PASSED AND APPROVED this the /01 day of OWa 2002.
y Ao-r�
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY
SECRETARY
APWOVED . �S,,T�O L�EGAL F
HERBERT L. PRO ., C ATTORNEY
M
REAL ESTATE CONTRACT
THIS CONTRACT OF SALE is made by Ray Haliford (hereinafter referred to as "Seller")
and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas,
(hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein.
I.
PURCHASE AND SALE
Subject to the terms and conditions contained in this Contract, Seller shall sell and convey
unto the Purchaser and Purchaser shall purchase the property particularly described in Exhibit "A"
and illustrated in Exhibit "D" attached hereto and made a part hereof by reference (the "Right -of -
Way Property"). The Right-of•Way Property will be conveyed by "Street Right of Way Deed" a
copy of which is attached hereto and made a part hereof as Attachment "1". Seller hereby sells
and agrees to convey the Right -of -Way Property with all rights and appurtenances pertaining to
the Right -of -Way Property including any right, title and interest of Seller in and to adjacent
streets, alleys or rights -of -way.
Seller shall sell and grant unto the Purchaser and Purchaser shall purchase the "Slope
Easements" containing those tracts particularly described in Exhibit "B" and Exhibit "C"
illustrated in Exhibit "E" and Exhibit "F" as Slope 8, Slope 9 (the "Easements"). The Easements
are attached hereto and made a part hereof as "Attachment 2".
The Right -of -Way Property and Easements are hereinafter called the "Property".
II.
SETTLEMENT AGREEMENT
Purchaser has heretofore instituted eminent domain proceedings to acquire the Property in
that certain cause styled City of Denton, Texas v. Ray Hanford, Cause No. ED-2002-00036 in the
Probate Court of Denton County, Texas (the "Condemnation Proceedings'). This Contract is a
settlement of any and all claims the Purchaser and Seller may have against each other arising out
of the Condemnation Proceedings including without limitation any and all claims for damages or
compensation the Seller may have against the Purchaser as a result of the Purchaser's acquisition
of the Property including damages to the remainder, if any, and any damages for trespass by the
Purchaser prior to the Purchaser's institution of the Condemnation Proceedings. Therefore, as of
the Closing, the Seller and Purchaser release and discharge each other from and against any and
all claims, damages, liability and actions arising out of or resulting from the Condemnation
Proceedings, the Purchaser's acquisition of the Property and any trespass by the Purchaser, its
employees or agents. At Closing the City and Purchaser will execute all necessary pleadings to
cause the dismissal of the Condemnation Proceedings. Purchaser currently has lawful possession
of the Property by virtue of a Right -of -Entry granted by Seller. Purchaser is entitled to continued
possession of the Property through Closing, or as otherwise provided herein.
PURCHASE PRICE
1. Amount of Purchase Price. The total purchase price for the Property shall be the sum of
One Hundred Eighty Five Thousand Dollars and No Cents ($185,000.00) (the "Purchase Price').
2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in
cash at the closing.
IV.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the transactions contemplated
hereby are subject to Seller's compliance with the covenants, agreements, and conditions required
by this Contract to be performed, observed, and complied with by Seller prior to or as of the
closing.
V.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser, which representations and warranties
shall be deemed made by Seller to Purchaser also as of the closing date, that the Property is
convey, granted and sold in "AS IS" condition. However nothing herein shall be construed to
release, discharge or hold harmless, any of Seller's predecessors in title.
VI.
CLOSING►,j,�.
The closing shall be held at the offic of Texas Title Company 2215 South Loop 288, Suite
320, Denton, Texas 76205 on or before 3tly-31, 2002, or at such title company, time, date, and
place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the
"Closing"). Further the Closing will be extended if necessary to allow for the Replat provided for
hereinbelow.
VII.
CLOSING REQUIREMENTS
1. Seller's Requirements. At Closing Seller shall
A. convey good and indefeasible fee simple title to the Right -of -Way Property by
PAGE 2
delivering the Street Right -of -Way Deed to Purchaser, free and clear of any and all
liens, encumbrances, conditions, assessments, and restrictions; and
B. grant the Easements to Purchaser, free and clear of all liens and encumbrances.
2. Purchaser's Requirements. At Closing Purchaser shall pay Purchase Price to Seller.
3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through
the date of Closing. All other costs and expenses of closing in consummating the sale and
purchase of the Property not specifically allocated herein shall be paid by the parry incurring same.
4. Setback. The Property is a part of a tract of land described as Lot 1, Block A of the
Lombardo Addition, an Addition to the City of .Denton, Texas (the "Parent Tract'). The plat of
the Parent Tract shows a 85 foot building setback line along the western boundary. The
conveyance of the Property to the Purchaser for the construction of a roadway will result in two
remainder tracts, being an approximate 1 acre tract (the "Northern Remainder") and an
approximate 4.2 acre tract (the "Southern Remainder"). The current zoning of the Parent Tract is
RCC-D, Regional Commercial Downtown which has no set back requirements along the western
boundary of the Parent Tract. Prior to Closing, the Seller will process a replat application for the
Northern and Southern Remainders to remove the 85 foot building line shown on the existing plat
(the "Replaf ). No applicationn fee will be required. Notwithstanding anything contained herein to
the contrary the Closing is contingent on approval of the Replat,
VIll.
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 broker or real estate fees due as a result of the
consummation of this contract.
IX.
BREACH BY SELLER
If Seller fails to fully and timely perform any of its obligations under this Contract or fails
to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may:
(1 ) enforce specific performance of this Contract; or (2) terminate this Contract and continue to
institute the Condemnation Proceedings. In either case, Purchaser shall be entitled to possession
of the Property under the previously granted Right -of -Entry until a court grants Purchaser
possession in the Condemnation Proceedings or in a suit for specific performance.
PAGE 3
X.
BREACH BY PURCHASER
In the event Purchaser fails to consummate the purchase of the Property, if Seller is not in
default under this Contract, Seller may (1) enforce specific performance of this Contract; or (2)
terminate this Contract. In either case, Purchaser shall be entitled to possession of the Property
under the previously granted Right -of -Entry until a court grants Purchaser possession in the
Condemnation Proceedings or in a suit for specific performance.
W
MISCELLANEOUS
1. Mayhill Road. It is the Purchaser's intention to close the section of Old Mayhill Road
from the existing Mayhill Road going east to the Rail to Trails corridor, as well as the section of
Edwards road going north from the location of the Snider property to the Municipal Landfill.
These road closures will be completed in the interest of public safety and will be taken to Denton
City Council for approval once the Mayhill/Colorado Paving and Drainage Improvement project
has been completed. Upon City Council approval the roads will be gated and closed to public
access. Adjacent property owners, including Seller, will be given keys to the gates for private
access to their property. Unless required by the public health, safety and welfare, the Purchaser
will not abandon these roads and will retain the public's interest and right of way until such time
that reactivation occurs. The Purchaser agrees to maintain and keep in place the gates and any
barricades referred to above so long as the roads remain closed to public access.
2. Survival of Covenants. Any of the representations, warranties, covenants, and
agreements of the parties, as well as any rights and benefits of the parties, 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 case may be, at the address set forth beneath
the signature of the party.
A. Seller's agent for purposes of notice shalt be: Mike Griffin, Griffin, Whitten, Jones &
Reib, 218 North Elm Street, Denton, Texas 76201.
B. Purchaser's agent for the purposes of notice shall be: Edwin Snyder, Deputy City
Attorney, City of Dent -on, 215 East McKinney Street, Denton, Texas, 76201.
PAGE 4
4. Texas Law to Ap lv. This Contract 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 Hound. This Contract 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 Contract.
6. Legal_ Constructiat. In case any one or more of the provisions contained in this
Contract small for any reason be held to be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract
shall be construed as if the invalid, illegal, or unenforceable provision had never been contained
herein.
7. Prior Agreements Superseded. This Contract 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 subject matter.
S. Time of Essence. Time is of the essence in this Contract.
9. GG ender. Words of any gender used in this Cpntract 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 context requires otherwise.
10. Memorandum of Contract. Upon request of either party, both parties shall promptly
execute a memorandum of this Contract suitable for filing of record.
11. Cow, pliance. In accordance with the requirements of the Texas Real Estate License
Act, Purchaser is hereby advised that it should be furnished with or obtain 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.
PAGE 5
IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows:
SELLER:
44',
y Hanford
Date: �% 1—
Michael A. Conduff
City Manager
215 E. McKinney
Denton, Texas 76201
Date: . V � �O:Z-
APPRO AS TO RM:
Edwin M. Snyder, Nputy City Attorney
Attorney for Purchaser
PAGE 6
TITLE CQhRANY ACCEPTANCE AND ACKNOWLEDGEMENT
The Title Company acknowledges receipt of the fully executed Contract on day of
�, 2001.
TITLE COMPANY:
Name: . Texas Title Company
Address: 2215 South Loop 288, Suite 320
Denton, Texas 76205
Telephone: 940-382-8251
By:-D-�DLXA, D42.0
Printed Name:
Title:
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11/28/2000
TRACT 30 HALLFORD
ALL TIIAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TI IL D.
LAMBERT SURVEY, ABSTRACT NUMBER 734, CITY OF DENTON, DENTON COUNTY, TEXAS. BEING
PART OF LOT I. BLOCK A LOMBARD ADDITION, AN ADDITION TO THE CITY OF DENTON. AS
SHOWN BY THE PLAT THEREOF RECORDED IN CABINET 1• PAGE 182. PLAT RECORDS. DENTON'
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONIMENCING AT A'h INCH IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAID LOT I ON THE
EAST RIGHT-OF-WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT-OF-WAY), SAID PIN ALSO
BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY IIALLFORD.
RECORDED UNDER COUNTY CLERK'S FILE NUMBER 93-R0073462, REAL PROPERTY RECORDS.
DENTON COUNTY, TEXAS;
TIIENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST, WITH THE WEST LINE OF SAID LOT I
AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 427.89 FL•ETTO A SETP2 INCII IRON
PIN WITH A YELLOW PLASTIC CAP STAMPED HSN 1849, ATTHE POINT-OF-DLGINNING OF TIIE
HEREIN DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 46 DEGREES 03 MINUTES 52
SECONDS WEST 993.12 FEET FROM A RAILROD SPIKE FOUND IN TI IL MIDDLE OF MAYI IILL ROAD
AT THE SOUTHEAST CORNER OF THE D. HOUGH SUREY ABSTRACT 696. WHICH IS TI11:
NORTHEAST CORNER OPT}IL D LAMDERT SURVLY ABSTRACT 734, ON TI IL WLST LINT: OP THE
GIDEON WALKER SURVEY ABSTRACT 1330;
THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITH THE WEST [-IN[: OF SAID LOT I
AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 30.00 FELT, TO A SE11:2 INCH IRON
PIN WITH A YELLOW PLASTIC CAP STANIPED IMN 1349;
THENCE SOUTHH 89 DEGREES 00 MINUTES 57 SECONDS LAST, A DISTANCE OF 197.81 FEET. TO A SIT
1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPLD II&N, 1849 AT T'I IL UL•'GINNING 01: A
CURVE TO THE LEFT;
TIIENCE AROUND SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLE-.' OF 11 DL'GRLES =:
MINUTES 54 SECONDS, A RADIUS OF 460.00 FEET, AN ARC LLNGTII OF 91.75 FELT. AND A Cl IORD
WHICH BEARS NORTH 85 DEGREES 16 MINUTES 06 SECONDS EA5'E, A DISTANCE OF')1.63 FL'L'T. TO
A SET 1/2 INCH IRON PIN WITH A YELLOWPLASTIC CAP STANII'ED I IRN 1849 ON THE WEST R!GI!1'-
OF-W'AY LINE OF THE OLD M.K. S T. RAILROAD RIGHT-OF-W'AY, AT THE BL'GINNING OF A CURVE
TO THE RIGHT.
TI IENCE WITH SAID RIGHT-OF-WAY, AROUND SAID CURVE TO THE RIGI IT. HAVING A CENTRAL
ANGLE OF 02 DEGREES 31 MINUTES 46 SECONDS, A RADIUS OF 1359?4 FEET. A` ARC LENGTH OF
82.08 FEET, AND A CHORD WHICH BEARS SOUTH 24 DEGREES 27 MINUTL'S 33 SECONDS LAST. A
DISTANCE OF 82.08 FEET, TO A SET 12 INCH IRON PIN WITH A YELLOWPLASTIC CAP STAM LD
}[SN 1849 AT THE BEGINNING OF A CURVE TO THE RIGHT;
1'I IENCE AROUND SAID CURVE TOT] IL RIGI IT. I IAVING A CLNTRAI, ANGLE 01' 13 M."GREES
MINUTES 27 SECONDS. A RADIUS OF 540.00 F[:GT, AN ARC LENum OF 127.62 FEET. AND A CI!C-;D
WHICII DEARS SOUTH 84 DEGREES 12 MINUTES 49 SECONDS WEST. A DISTTANCL 01: 1=7.3= FL'E
TO A SET 12 INCI I IRO` PIN WITI I A YELLOWPLASTIC CAP STANIPED I I&N IS -Iv;
TI IENCE NORTHH 89 DEGREES 00 MINUTES 57
POINT OF UEG1NNING AND CONTAINING IN
'[:ST, A DISTANCL OF 197.71 FELT 10 TML
�3P LAND.
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EXHIBIT E
31717
11 r.1812000
S1.0111: RASI-AIENT 9 I IALIXORD
ALL TI (AT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TI IL D.
LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON,.DENTON COUNTY. TEXAS. BEING
PART OF LOT 1, BLOCK A, LOMBARD ADDITION, AN ADDITION TO TI IE CITY OF DENTON. AS
SHOWN BY THE PLAT THEREOF RECORDED IN CABINET 1, PAGE 132, PLAT RECORDS. DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A''/, INCH IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAID LOT 1 ON TI IE
EAST RIGHT-OF-WAY LINE OF NIAYHILL ROAD (A 120 FOOT RIGFII'-Ol'-WAY), SAID PIN AI.SO
BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY HALLFORD.
RECORDED UNDER COUNTY CLERK'S FILE NUMBER 93-R0073462. REAL PROPERTY RIiCORUS.
DENTON COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST, WITH THE WEST LINE OF SAID LOT I
AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 507.89 FEET TO A SETI/2 INCH IRO`
PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, AT TI IE POINT-OF•BEGINNING of: TIIE
HEREIN DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 45 DEGREES 49 NFINUTES 29
SECONDS WEST 997.29 FEET FROM A RAILROD SPIKE FOUND IN TI IL MIDDLE OF MAYI IILL ROAD
AT TI IE SOUTHEAST CORNER OF THE D. HOUGI I SUREY ABSTRACT 696. WI IICI I IS TI IE
NORTHEAST CORNER OF THE D LAMDERT SURVEY ABSTRACT 734, ON TI IE WEST LINE OF T111
GIDEON WALKER SURVEY ABSTRACT 1330;
THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITH THE WEST LINE OF SAID LOT 1.
A DISTANCE OF 5.89 FEET, TO A SET1/2 INCII IRON I'IN WITI I A YELLOW PLASTIC CAP STAM1'L•'D
H&.N 1349;
THENCE SOUTH 89 DEGREES 00 MINUTES 57 SECONDS EAST, A DISTANCE OF 197.73 FEET. TO A SET
1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N' 1849 AT TI IL: BEGINNING OF A
CURVE TO THE LEFT;
THENCE WITI I SAID RIGIIT-OF-WAY, AROUND SAID CURVE TO THE LEFT, I LAVING A CENTKAL
ANGLE OF 13 DEGREES 32 NFINUTES 27 SECONDS, A RADIUS OF 540.00 FEET, AN ARC LENGTI I OF
127.62 FEET. AND A CHORD WHICH BEARS NORTH 84 DEGREES 12 Nil`UTES 49 SECONDS EAST. A
DISTANCE OF 127.32 FEET, TO A SET 12 INCH IRON PIN WI1'11 A YELLO%\' I'LAS'fIC CAI' STAM!'ED
FI&N 1349 AT THE BEGINNING OF A CURVE TO THE RIGIIT;
THENCE AROUND SAID CURVE TO TI IE RIGIIT, HAVING A CENTRAL ANGLE OF 00 DEGREES 30
MINUTES 51 SECONDS, A RADIUS OF 1859-24 FEET, AN ARC LENGTI I OF 16.63 FEET. AND A CHORD
WHICH BEARS SOUTH 22 DEGREES 56 MINUTES 14 SECONDS EAST. A DISTANCE OF 16.6S FEET. TO
A SET I+- INCI I IRON PIN WITI I A YELLOW PLASTIC CAP STAMPED 11&14 1349;
THENCE SOUTH 76 DEGREES 44 MINUTES 43 SECONDS WEST A DISTANCE OF 109.52 FEEL' TO A 1'2
INCI I IRON PIN SET WITH YELLOW CAP STAMPED I I -N 1849.
TI IENCE NORTH 83 DEGREES 36 MINUTES 21 SECONDS WEST A DISTANCE OF 225.77 FEET I'O IiIL'
POINT OF BEGINNING AND CONTAINING IN ALL 0.134 ACRE OF LAND.
EXHIBIT F
31717
11128 2000 REV 0004/2001
SLOPE EASC•NIC•NT 3 HALLFORD
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE D.
LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON. DENTON COUNTY, TEXAS, BEING
PART OF LOT I, BLOCK A. LOMBARD ADDITION, AN ADDITION TO 1'1 It-: CITY OF DENTON. AS
SHOWN BY THE PLAT THEREOF RECORDED IN CABINET I, PAGE 132, PLAT RECORDS, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMNIENCING AT A''/1 INCH IRON PIN FOUND AT TI-IL SOUTHWEST CORNER OF SAID LOT I ON THE
EAST RIGHT-OF-WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT-OF-WAY), SAID PI`. ALSO
BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY HALLFORD,
RECORDED UNDER COUNTY CLERK'S FILE NUMBER 93-R0073462, REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST, WITI I T11E WEST LIME OF SAID LOT I
AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 507.39 FEET TO A SETU2 INCH IRO`
PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, AT THE POINT -OF -BEGINNING OF THE
HEREIN DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 49 DEGREES 31 MINUTES 44
SECONDS WEST 933.40 FEET FROM A RAILROD SPIKE FOUND IN TI IE MIDDLE OF NIAYHILL ROAD
AT THE SOUTHEAST CORNER OF THE D. HOUGH SUREY ABSTRACT 696, WHICH IS THE
NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON TIME WEST LINE OF THE
GIDEON WALKER SURVEY ABSTRACT 1330;
TI IENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITI I TI III WEST LINE OF SAID 1.0 i 1,
A DISTANCLOF 20.13 FEE-T, TO A SL:TI/_ INCI1 IRON I'IN WITH A YELLOW 1'LAS'I•IC CAP STAN11'L'D
H,LN 1849;
THENCE NORTH 83 DEGREES 37 MINUTES 14 SECONDS LAST, A DISTANCE OF 141.78 FEET, TO A
SLT 12 INCH IRON PIN WITH A YELLOW PLASTIC CAI' STAMPL•'D I IS:N 1 S49;
TI4ENCE SOUTH 86 DEGREES 10 MINUTES 13 SECONDS EAST A DISTANCE: 01" 137.11 F'EE'T TO A SET
5; INCH IRON PIN WITH A YELLOW CAP STAMPED IISN IS49, ATTIIE BEGINNING OF A CURVL TO
THE RIGHT;
THENCE WITI I SAID RIGIIT-OF-WAY, AROUND SAID CURVE TO TFIE RIGHT. I IA%'1?:G A CENTRAL
ANGI.L OF 00 DEGREES 46 MINUTES 28 SECONDS, A RADIUS OF I S59.24 FEET, AN ARC LENGT I I OF
25.13 FEET, AND A CHORD WHICH 13EARS SOUTH 26 DL••GRLLS 06 MINUTES 40 SECONDS EAST. A
DISTANCE OF 25.13 FEET, TO A SET 1/2 INCH IRON PIN WITH I A t•ELLO%%' PLASTIC CAI' STAMPED
HSN 1349 AT THE BEGINNING OF A CURVE TO THE LEFT;
TIIENCL AROUND SAID CURVE TO TIIE LEFT, IMING A CENTRAL. ANGLE - OF 11 DEGRE:ES 25
MINUTES 54 SECONDS, A RADIUS OF 460.00 FEET, AN ARC LENGTII OF 91.73 FEET, AND A CHORD
WI IICH BEARS SOUTHH 85 DEGREES 16 MINUTES 06 SECONDS «'E•ST. A DISTANCE OF 91.6. FEET. TO
A SET 1l2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED I I CN 1349.
TI IENCE NORTI 189 DEGREES 00 MINUTES 57 SECONDS WEST, A DISTANCE OF 197.51
POINTOF BEGINNING AND CONTAINING IN ALL 0.203 ACRE OF LAND.
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ATTACHMENT 1
STREET RIGHT-OF-WAY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Ray Hallford, hereinafter called "Grantor," for and in
consideration of the sum of Ten Dollars and No Cents ($10.0(3) 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, BARGAIN, SELL and CONVEY unto the Grantee all of that
certain tract or parcel of land containing approximately 0.565 acres
of land and being situated in the D. Lambert Survey, Abstract Number
784, City of Denton, Denton County, Texas, as more particularly
described in Exhibit "A" and illustrated in Exhibit "B", 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. 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.
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.
SIGNED this Al day of 2001.
// XJ
Ray allfor
1
V.T -lI6,0 9h�
STATE OF Texas §
COUNTY OF -rY §
This instrument was acknowledged before me this a 9 day of
2002, by Ray Hallford.
♦��`qY P I ��I
�* �'• LYNN MINNA
Notary Public, State of Texas
My Commission F)im 10-01-04
AFTER RECORDING RETURN TO:
CITY OF DENTON
ENGINEERING DEPARTMENT
601 E. HICKORY
SUITE B
DENTON, TX 76201
ATTN: PAUL WILLIAMSON
Not y Public, State of Texas
Print Name: a
My commission expiresLew-
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HAMMETT & NASH, INC.
ENGINEERS & SURVEYORS
223 W. HICKORY, DENTON, TEXAS 76201
940-387-0506 tow 940-565-0436 hominoshOa:rrna;l.nel
OWN. S'pA CKD. SCALE) " 40' DATE 1211 j/00 JJOB NO, 31717
EXHIBIT B
31717
11/28n.000
TRACT 313 I.IALLFORD
ALL TIIAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TI IL D.
LAMBERT SURVEY, A1STRACT NUMBER 734. CITY OF DENTON, DENTON COUNTY. TEXAS. BEING
PART OF LOT 1, BLOCK A LOMBARD ADDITION, AN ADDITION TO THE CITY OF DENTON. AS
SI10WN BY THE PLAT TIIERC•OF RECORDED IN CABINET 1. PAGE 132. PLAT RECORDS. DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A'/z INCH IRON PIN FOUND AT Till: SOUTIIWEST CORNER OF SAID LOT I ON THE
EAST RIGHT-OF-WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT-OF-WAY). SAID PIN ALSO
BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY IIALLFORD,
RECORDED UNDER COUNTY CLERK'S FILE NUMBER 93-R0073462, REAL PROPERTY RECORDS.
DENTON COUNTY. TEXAS;
THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST, WITH THE WEST LINE OF SAID LOT I
AND THE EAST LINE OF SAID RIGFIT-OF-WAY, A DISTANCE OF 427.89 FELTTO A SETT_' INCII IRON
PIN WITH A YELLOW PLASTIC CAP STAMPED HSN 1849, AT THE POINT-OF-OEGINNING OF TI iE
I IEREIN DESCRIBED TRACT. SAID POINT OF BEGINNING BEING SOUTH 46 DEGREES 03 MINUTES 5=
SECONDS WEST 993.12 FEET FROM A RAILROD SPIKE FOUND IN TI IL MIDDLE 01' `IAYI [ILL ROAD
AT THE SOUTHEAST CORNER OF THE D. HOUGH SUREY ABSTRACT 696, WI IICI 11S TI [H
NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 73-1.0N'I'l IL WL•'S[' LINE OF THL
01DEON WALKER SURVEY ABSTRACT 1330,
THENCE NORTH 00 DEGREES 55 h11NUTES 40 SECONDS EAST WITI1 TILE %%'EST LINE OF SAID LOT I
AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 80.00 FEET, TO A SET1 2 INCI 11RJX
PIN WITH A YELLOW PLASTIC CAP STAMPED ILLN 1349;
THENCE SOUTHH 39 DEGREES 00 MINUTES 57 SECONDS EAST, A DISTANCE OF 197.81 FEET. TO A SET
12 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED l I&N' 1849 AT 1'1IC BEGINNING OF A
CURVE TO THE LEFT;
TI IENCE AROUND SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLE OI' 11 DEGREES ^_S
MINUTES 54 SECONDS, A RADIUS OF 460.00 FEET, AN ARC LENGTH OF 91.73 FELT. AND A CI IORD
WHICH DEARS NORTH 85 DEGREES 16 `IINUTL•S 06 SECONDS EAST'. A DISTANCE OF 91.63 FELT. TO
A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED IIRN 1349 ON TILE WEST R1GIil'•
OF -WAY LINE OF THE OLD M.K. & T. RAILROAD RIGHT-OF-WAY. AT THE BEGINNING OF A CURVE
TO THE RIGHT;
TI IENCE WITH SAID RIGHT -OF -WAN'. AROUND SAID CURVE TO THE RIGI IT. HAVING A CLNT*;�IL
ANGLE OF 02 DEGREES 31 MINUTES 46 SECONDS, A RADIUS OF 1359.24 FEET. AN ARC LENGTH OF
82.08 FEET, AND A CHORD WHICH BEARS SOUTH 24 DEGREES 27 ,MINUTL•'S 33 SECONDS EAST. A
DISTANCE OF 82.03 FEET, TO A SET 1 2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPL'D
H CN 1349 AT THE BEGINNING OF A CURVE TO THE RIGHT;
TI IENCE AROUND SAID CURVE TO TI IL RIGHT, HAVING A CENTRAL ANGLE OF I? I)IiGRIiES ::
MINUTES 27 SLCONUS. A RADIUS 01: 540.00 FL:1 % AN ARC LLNcj'Pll OF 127.62 FEET. AND A
`ti'HICI I BEARS SOUTH 84 DEGREES 12 MINUTES 49 SECONDS WEST. A UIS'fANCL 01' 1_7.:= FEE'.
TO A SET I:`' INCII IRON PIN WIT1I A YELLOW PLASTIC CAP STAMPED II&-N 1S•19;
TI IENCE NORTI I S9 DEGREES 00 .%IINUTIiS 57
POINT OF BEGINNING AND CONTAINING IN
EST. A DISTANCE OF 197.71 FL:UT 10 ML
A -,J5(S6gt3ZL_-QJ. LAND.
ATTACHMENT 2
SLOPE EASEMENT
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Ray Hallford, hereinafter called "Grantor", of Denton County,
Texas, in consideration of the sum of Ten Dollars and No Cents ($10.00)
and other good and valuable consideration in hand paid by the City of
Denton, Texas, receipt of which is hereby acknowledged, does by these
presents grant, bargain, sell and convey unto the City of Denton, Texas,
the free and uninterrupted use, liberty and privilege of the passage in,
along, upon and across the following described property, owned by
Grantor, and situated in the D. Lambert Survey, Abstract Number 784,
City of Denton, Denton County, Texas, further described in Exhibit "A",
illustrated in Exhibit "B" , and Exhibit "C", illustrated in Exhibit
"D", attached hereto and made a part hereof.
And it is further agreed that the City of Denton, Texas 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 constructing, reconstructing, installing,
repairing, and perpetually maintaining slope in, along, upon and across
said premises, with the right and privilege at all times of the grantee
herein, his or its agents, employees, workmen and representatives having
ingress, egress, and regress in, along, upon and across said premises
1
for the purpose of making additions to, improvements on and repairs to
said slope facilities or any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as
aforesaid for the purposes aforesaid the premises above described.
Witness my hand, this the day of , 20qA
ZZ 4L laz 4z
Ray Hallford
ACKNOWLEDGEMENT
THE STATE OF T as §
COUNTY OF � pp §
This instrument was acknowledged before me on this the Q9 day of
2002 by Ray Hallford.
LYNN MINNA
ftgNblic,SlatEofTn NotAJy Public, State of
=4r••~••''+P. A?YCammission
�'��ii�•``, EVues10-01-04
My Commission Expires: 1 C>
Accepted this the day of 2001- for the City of
Denton Texas (Resolution No. 91-073).
BY: af%1 w ( _ls-CL" ,K i rp.1;-V (, as Q- j? LA 6 / \
Paul Wil iamso
Real Estate & Capital Support Manager
2
AFTER RECORDING RETURN TO:
CITY OF DENTON
ENGINEERING DEPARTMENT
601 E. HICKORY
SUITE B
DENTON, TX 76201
ATTN: PAUL WILLIAMSON
3
EXHIBIT A
31717
11/28,2000 REV 01.'04f2001
SLOPE EASEMENT 8 HALLFORD
ALL THAT CERTAIN TRACTOR PARCEL OF LAND LYING AND BEING SITUATED IN THE D.
LAMBERT SURVEY, ABSTRACT NUMBER 794, CITY OF DENTON. DENTON COUNTY, TEXAS. BUNG
PART OF LOT 1, BLOCK A, LOMBARD ADDITION, AN ADDITION TO 1'1 IL' CITY OF DENTON. AS
SHOWN BY THE PLAT THEREOF RECORDED IN CABINET 1, PAGE I S2, PLAT RECORDS, DENTO`
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A %, INCH IRON PIN FOUND AT THL SOUTHWEST CORNER OF SAID LOT I ON THE
EAST RIGHT-OF-WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT -OF -WAY). -SAID PIN ALSO
BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY HALLFORD,
RECORDED UNDER COUNTY CLERK'S FILE NUNIBER 93-R0073462, REAL PROPERTY RECORDS,
DENTON COUNTY. TEXAS;
THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST. WITI I TI IL WEST LINE OF SAID LOT I
AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 507.89 FEET TO A SET1,2 INCH IRO`
PIN WITH A YELLOW PLASTIC CAP STANIPED HSN 1849, AT THE POINT -OF -BEGINNING OF THE
HEREIN DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 49 DEGREES 31 MINUTES 44
SECONDS WEST933.40 FEET FRONI A RAILROD SPIKE FOUND IN TI IE MIDDLE OF MAY HILL ROAD
AT THE SOUTHEAST CORNER OF THE D. HOUGH SUREY ABSTRACT 696. WHICH IS THE
NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784. ON THE WEST LINE OF TI IE
GIDEON WALKER SURVEY ABSTRACT 1330;
TI IENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITI l TI IE WEST LINE- OF SAID LO1 1.
A DISTANCL OF 20.13 F'EL1',TO A SL'Tlr' INCII IRON I'M Will l A YELLOW PLASTIC CAP STAMPLL)
HSN 1349;
TI IENCE NORTH 83 DEGREES 37 MINUTES 14 SECONDS EAST. A DISTANCE OF 141.73 FL'L'T, TO A
SLT U2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STMAI'LD I I&N 1349;
THENCE SOUTH 86 DEGREES 10 N11NU1'L•'S IS SECONDS EAST A DISTANCL OF 137.11 FEET TO:A SLT
V, INCH IRON PIN WITH A YELLOW CAP STAMPED I I&N 1349, AT TI IE BLGINNING OF A CURVL•' TO
THE RIGHT;
THENCE WITH I SAID RIGHT-OF-WAY, AROUND SAID CURVE TO TI IE RIGI IT, I IAviNG A CENTRAL
ANG1.L OF 00 DEGREES 46 MINUTES 23 SECONDS, A RADIUS OF IS59.24 FELT. AN ARC LENGT1101.
25.13 FEET, AND A CHORD WHICH BEARS SOUTH 26 DLGRLUS 06 MINUTES 40 SL'CONDS LAST. A
DISTANCE OF 25.13 FEET, TO A SET IR INCH IRON PIN WITI I A YELLOW PLASI'IC CAP STA\IPIiU
H&N 1349 AT THE BEGINNING OF A CURVE TO THE LEFT;
TIIENCL AROUND SAID CURVE 1'0 THE LEFT. IIAVING A CENTRAL ANGEL OF I I DEGREES :3
MINUTES 54 SECONDS, A RADIUS OF 460.00 FEET. AN ARC LENGTI I OF 91.73 FEET. AND A Cl IORD
WHICH BEARS SOUTIf 85 DEGREES 16 MINUTES 06 SECONDS WEST. A DISTANCE OF 91.6: FELT, TO
A SET li'_ INCH IRON Pitt WITH A YLLLOW PLASTIC GIP S'TAMI'ED HEN 1S49;
TI IENCE NORTH 39 DEGREES 00 MINUTES 57 SECONDS WEST. A DISTANCE OF 197.81 FEE] " TU TI Ili
POINT OF BEGINNING AND CONTAINING INALL 0.203 ACRL OF LAND.
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HAMMETT & NASH, INC.
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ENGINEERS & SURVEYORS
223 W. HICKORY, DENTON, TEXAS 76201
940-387-0506 fax 940-565-0436 homincshmo;rmo;l,nct
DWN. SpA CKD. SCALE j " -$Q' DATE Q 1103101 JOB N0, 31717
EXHIBIT C
31717
11 r 8f2000
81.0111: FASENIENT9IIAI.I.FORD
ALL TI IAT CERTAIN TRACTOR PARCEL OF LAND LYING. AND BEING SITUATED IN T IL D.
LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON,.DENTON COUNTY, TEXAS, UL ING
PART OF LOT 1. BLOCK A. LOMBARD ADDITION, AN ADDITION TO TI IE CITY OF DENTON. AS
SHOWN BY THE PLAT THEREOF RECORDED IN CABINET I. PAGE 182. PLAT RECORDS. DENTON
COUNTY, TEXAS, AND BC•ING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A Vi IN IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAID LOT I ON TI IE
EAST RIGHT-OF•WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT-OF•WAY), SAID I'IN ALSO
BEING THE NORTHWEST CORNER OF ATRACT DESCRIBED IN A DEED TO ROY HALLFORD,
RECORDED UNDER COUNTY CLERK'S FILL NUMBER 93-R0073462. REAL PROPERTY RECORDS.
DENTON COUNTY, TEXAS:
THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST. WITH THE WEST LINE OE: SAID LOT I
AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 507.89 FELT TO A SETIl2 INCII 11t0`
PIN WITH A YELLOW PLASTIC CAP STAMPED HS:N 1849, AT TI IE POINT-OF•BEGINNING OF Ti IL
tIERE1N DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 45 DEGREES 49 MINUTES 29
SECONDS WEST 997.29 FEET FROM A RALLROD SPIKE FOUND IN TI IL MIDDLE OF MAYIIILL ROAD
AT TI IE SOUTHEAST CORNER OF THE D. HOUGH SUREY ABSTRACT 696, %Vl IICI I IS Ti lE
NORTHEAST CORNL:R OF THE D LANIBERT SURVEY ABSTRACT 734, ON TI IL: WEST LINE' 01''111L:
GIDEON WALKER SURVEY ABSTRACT 1330;
THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITII THE WEST LINE OF SAID LOT 1.
A DISTANCE OF 5.89 FEET, TO A SETi/2 INCH IRON PIN WITI I A YELLOW PLASTIC CAP STANII'L•'D
H CN 1849;
THENCE SOUTH 89 DEGREES 00 MINUTES 57 SECONDS EAST, A DISTANCE: OF 197.73 FEET. TO A SET
112 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N IS49 ATTIIE BEGINNING OF A
CURVE TO THE LEFT;
THENCE WITH SAID RIGHT-OF-WAY, AROUND SAID CURVE TO THE. LEFT. I LAVING A CENTRAL_
ANGLE OF 13 DEGREES 32 MINUTES 27 SECONDS. A RADIUS OF 540.00 FEET• AN ARC LENGTII OF
127.62 FEET. AND A CHORD WHICH DEARS NORTII 84 DEGREES 12 MINUTES 49 SECONDS LAST. A
DISTANCE OF 127.32 FEET, TO A SET 1.2 INCtl IRON PIN WITI I A YELLOW PLASTIC C'AP STAMPLI)
tISN I S49 AT THE BEGINNING OF A CURVE TO THE RIGHT:
THENCE AROUND SAID CURVE TO TI IE RIGI IT, HAVING A CENTRAL ANGLE OF 00 DEGREES 30
N1I14UTLS 51 SECONDS, A RADIUS OF 1S59._4 FEET, AN ARC LENGTI I OF 16.63 FELT. AND A CIIORD
WHICH BEARS SOUTH 22 DEGREES 56 MINUTES 14 SECONDS EAST, A DISTANCE OF 16.6S FEET. TO
A SET U2 INCH IRON PIN 1VITI1 A YELLOW PLASTIC CAP STAMPED IISN 1349;
TI IL''NCE SOUTH 76 DEGREES 44 MINUTES 43 SECONDS WEST A DISTANCL 01: 109.52 FELTTO A 1'2
INCI I IRON PIN SET WITH YELLOW CAP STAMPED II &N 1849.
TI IENCE NORTI1 83 DEGREES 36 MINUTES 21 SECONDS WEST A DISTANCE•' OF225.77 FE1:'f'1'O TILL•
POINT OF BEGINNING AND CONTAINING IN ALI.0.134 ACKL OF LAND.
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HAMMETT & NASH, INC.
ENGINEERS & SURVEYORS
223 W. HICKORY, DENTON, TEXAS 76201
*=40-387-0506 (OK 940-565-0436 ham InQ3hmairrr:v!.nct
IN. S pA ICKO. SCALE 1 " = 50' DATE 01103101 JOS N0. 31712
Iasobl-H
5272 QI245
STREET RIGHT-OF-WAY DEED
STATE OF TEXAS § 022630
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Ray Hallford, hereinafter called "Grantor," for and in
consideration of the sum of Ten Dollars and No Cents ($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, BARGAIN, SELL and CONVEY unto the Grantee all of that
certain tract or parcel of land containing approximately 0.565 acres
of land and being situated in the D. Lambert Survey, Abstract Number
784, City of Denton, Denton County, Texas, as more particularly
described in Exhibit "A" and illustrated in Exhibit "B", 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. 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.
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.
SIGNED this day of 2002•
Ray allford
1
5272 QfI°246
ACKNOWLEDGMENT
STATE OF Texas (� §
COUNTY OF'b§
-iti
Thinntrument was acknowledged before me this ate, day of
iJMrL 2002, by Ray Hallford.
N to y Public tate of Texas
_ LYNN NI44A
^:. = Nxary R6fic, Ster of Tezas Prl t Name:
rE ,, e= �ycom.�sscnErestaatca My commission expires �O
AFTER RECORDING RETURN TO:
CITY OF DENTON
ENGINEERING DEPARTMENT
601 E. HICKORY
SUITE,B
DENTON, TX 76201
ATTN: PAUL WILLIAMSON
2
EXHIBIT A
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HAMMETT & NASH, INC.
ENGINEERS & SURVEYORS
223 W. HICKORY, DENTON, TEXAS 76201
940-367-0506 (0. 940-565-0436 ham I ncShOc:m,;[..et
OWN. SpA CKD. JSCALE J"= 40'IDATE 12111100 jJ08 NO. 31717
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1-EXHIBIT B 5272
01248
31717
11282000
TRACT 30 HALLFORD
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TI IL D.
LAMBERT SURVEY, ABSTRACT NUMBER 734. CITY OF DENTON. DENTON COUNTY, TEXAS. BEING
PART OF LOT 1. BLOCK A LOMBARD ADDITION, AN ADDITION TO THE CITY OF DENTON. AS
SHOWN BY TIIE PLAT THEREOF RECORDED IN CABINET I, I -AGE IS'_, PLAT RECORDS. DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A'% INCH IRON PIN FOUND AT THE SOUTI I WEST CORNER OF SAID LOT I ON TI IE.
EAST RIGHT-OF-WAY LINE OF NIAYHILL ROAD (A 120 FOOT RIGHT-OF-WAY). SAID PIN ALSO
BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY IIALLFORD.
RECORDED UNDER COUNTY CLERK'S FILE NUMBER 93-R0073462. REAL PROPERTY RECORDS.
DENTON COUNTY, TEXAS;
TI IENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST. WITH THE \VEST LINE OF SAID LOT I
AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 4_7.39 FELT TO A SETT ^_ INCII IRON
PIN WITII A YELLOW PLASTIC CAP STAM PLO HSN 1849. AT TIIE POINT -OF -BEGINNING OF TI IE
I IEREIN DESCRIBED TRACT. SAID POINT OF BEGINNING BEING SOUT1146 DEGREES 03 MINUTES 52
SECONDS WEST 993.12 FEET FROM A RAI LROD SPIKE FOUND IN TIIE MIDDLE Of: MAYI IILL ROAD
AT THE SOUTHEAST CORNER OF THE D. HOUGH SUREY ABSTRACT 696. WIIICI I IS THE
NORTHEAST CORNER OF THE D LA',I UERT SURV EY ABSTR.ACT 754, ON TI IL \VLSI' LIS I: OF TI IL'
GIDEON WALKER SURVEY ABSTRACT 1330;
THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITII THE WEST LI NI: OF SAID LOT I
ANDTHE EAST LINE OF SAID RIGIIT-OF-WAY. A DISTANCE OF 50.00 FEET, TO A SETI:2 INCI I IRON
PIN WITH A YELLOW PLASTIC CAP STAMPED IISN 1849;
THENCE SOUTH 39 DEGREES 00 MINUTES 57 SECONDS LAST. A DISTANCE OF 197.81 FEET. I,0 A SET
1(2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPLD IISN 1349 AT TIIE' UL'GINNING OF A
CURVE TO THE LEFT;
TI IENCE AROUND SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 11 DL'GREES'_5
MINUTES 54 SECONDS, A RADIUS OF 460.00 FEET, AN ARC LENGTH OF 91.73 PELT. AND A Cl IORD
WHICH DEARS NORTH 35 DEGREES 16 MINUTES 06 SECONDS EAST. A DISTANCE OF 91.63 FELT. TO
A SET I2 INCII IRON PIN WITH A YELLOW PLASTIC CAP STAMPED ILEN 1849 ON TI IE WEST
OF -WAY LINE OF TI IE OLD M.K. & T. RAILROAD RIGIFT-OF-AVAY, AT THE BEGINNING OF A CURVE
TO TIIE RIGHT;
TI IENCE WITH SAID RIGHT-OF-WAY.AROUND SAID CURVE TO THE RIG[IT. I IAVING A CLNT.LAL
ANGLE OF 02 DEGREES 31 MINUTES 46 SECONDS, A RADIUS OF 1339.24 FELT. AN ARC LIiNGTfi OF
82.05 FEET, AND A CHORD WHICH BEARS SOUTH 24 DEGREES 27 MINUTE'S 33 SECONDS LAST. A
DISTANCE OF 82.03 FEET, TO A SET 1!2 INCH IRON PIN WITH A YELLOW PLASTIC CAI' STAMPED
H&N 1349 AT THE BEGINNING OF A CURVE TO THE RIGHT;
TI IENCE AROUND SAID CURVL TO TI IL RIGHT. I IAVING A CEN1RAI. ANGLE OF 13 DEGREES 32
MINUTES 27 SLCONUS. A RADIUS OF 540.00 FELT. AN ARC LENGTH OF 127.02 FEEL AND A CHORD
WHICII BEARS SOUTH 34 DEGREES 12 MINUTES 49 SECONDS AVLS I-. A DISTANCE OF 127.32 FLE..
TO A SET I'_' INCII IRON PIN WITI I A YELLOW PLASTIC CAP STAMPED I ISN IS49;
Ti IENCE NORTH 39 DEGREES 00 MINUTES 57 SLCON AT:ST, A DISTANCE OF 197,73 FL'L'T 10 NHL
POINT OF BEGINNING AND CONTAINING A}1; 5Ip -LL .-t LAND.
...... VI. ......C.
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COUNTY CL[nK
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D1089 864co�d in;
CYNTHIA MITCHLLL, COUNTY CLERK
On Feb 13 2003
At 11:29am
Receipt #:
9314
Recording:
11.00
Doc/Mgot :
6.00
Doc/Num :
2003—R0022830
Doc/Type:
DED
_
Deputy ERIN
THE STATE OF TEXAS,
COUNTY OF DENTON
272 O'1250
SLOPE EASEMENT
0 2 2 S
§ KNOW ALL MEN BY THESE PRESENTS:
THAT Ray Hallford, hereinafter called "Grantor", of Denton County,
Texas, in consideration of the sum of Ten Dollars and No Cents ($10.00)
and other good and valuable consideration in hand paid by the City of
Denton, Texas, receipt of which is hereby acknowledged, does by these
presents grant, bargain, sell and convey unto the City of Denton, Texas,
the free and uninterrupted use, liberty and privilege of the passage in,
along, upon and across the following described property, owned by
Grantor, and situated in the D. Lambert Survey, Abstract Number.784,
City of Denton,, Denton County, Texas, further described in Exhibit "A",
illustrated in Exhibit "B" , and Exhibit "C", illustrated in Exhibit
"D", attached hereto and made a part hereof.
And it is further agreed that the City of Denton, Texas 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 constructing, reconstructing, installing,
repairing, and perpetually maintaining slope in, along, upon and across
said premises, with the right and privilege at all times of the grantee
herein, his or its agents, employees, workmen and representatives having
ingress, egress, and regress in, along, upon and across said premises
1
9272 Q 25-1
for the purpose of making additions to, improvements on and repairs to
said slope facilities or any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as
aforesaid for the purposes aforesaid the premises above described.
Witness my hand, this the o`l� day of 2002•
� r
Ray Hallford
ACKNOWLEDGEMENT
THE STATE OF Texas §
COUNTY OF§
This instrument was acknowledged before me on this the °VA% d3yof
2002 by Ray Hallford.
:� �' lYM1P7 NIN4A
-mS,.in? Nohry R,bfic, SG+p of Texas Nota3. Public, State of
��° ;: i1;,. d AA' Commission Epires 1J-a104
My Commission Expires:
Accepted this the 6 day of (�7Wc40J , 2002 for the City of
Denton Texas (Resolution No. 91-073).
BY
Real Estate & Capital Support Manager
_2
5272 Q1252
AFTER RECORDING RETURN TO:
CITY OF DENTON
ENGINEERING DEPARTMENT
601 E. HICKORY
SUITE B
DENTON, TX 76201
ATTN: PAUL WILLIAMSON
N
EXHIBIT A 52 7 2 O T 253
31717
I IRB•:000 REV 01.'04l2001
SLOPE EASEMENT 8 HALLFORD
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE D.
LAMBERT SURVEY, ABSTRACT NUMBER 784. CITY OF DENTON. DENTO. COUNTY, TEXAS. BEING
PART OF LOT I, BLOCK A. LOMBARD ADDITION, AN ADDITION TO TV IL CITY OF DENTON. AS
SHOWN BY THE PLAT THEREOF RECORDED IN CABINET I, PAGE 132. PLAT RECORDS. DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A % INCH IRON PIN FOUND AT TV IL SOUTHWEST CORNER OF SAID LOT I ON THE
EAST RIGHT-OF-WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT-OF-WAY). SAID PIN ALSO
BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY HALLFORD,
RECORDED UNDER COUNTY CLERK'S FILE NUMBER 93-R0073462, REAL PROPERTY RECORDS.
DENTON COUNTY, TEXAS;
TIIENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST. WITI 1711E WEST LINE OF SAID LOT I
AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 507.S9 FEET TO A SET[:2 INCH IRON
PIN WITH A YELLOW PLASTIC CAP STAMPED HSN 1349, AT THE POINT -OF -BEGINNING OF THE
HEREIN DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 49 DEGREES 31 MINUTES 44
SECONDS WEST 938.40 FEET FRONT A RAILROD SPIEL' FOUND IN TI IE MIDDLE OF MAYHILL ROAD
AT THE SOUTHEAST CORNER OF THE D. HOUGH SUREY ABSTRACT 696. %'RICH IS THE
NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 734. ON THE WEST LINE OF THE
GIDEON WALKER SURVEY ABSTRACT 1330;
TIIENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITI I TI IE WEST LINE OF SAID 1.01. I.
A DISTANCE OF20. 13 FEL'T,TO A SL'TIC INCII IRON PIN Ml ]l I A YELLOW PLASTIC CAP STAMPED
HSN 1349;
TI IENCE NORTI 183 DEGRL'ES 37 MINUTES 14 SECONDS EAST. A DISTANCE OF 141.78 FEET. TO A
SET U2 INC II IRON PIN WITH A YELLOW PLASTIC CAI' STAMPED i ISN IS49;
THENCE SOUTH 86 DEGREES 10 MINUTES IS SECONDS EAST A DISTANCE OF 137.11 FEET TO A SLT
Si INCH IRON PIN WITH A YELLOW CAP STAMPED I ISN 1349. AT TI IE BEGINNING OF A CURVE TO
THE RIGHT;
THENCE WITH SAID RIG] IT -OF -WAY, AROUND SAID CURVE TO THE RIGHT, HAVING A CCNTRAL
ANGLE OF 00 DEGREES 46 MINUTES 28 SECONDS, A RADIUS OF I S5924 FEEL AN ARC LENG11107
25.13 FEET, AND A CHORD WHICH DEARS SOUTH 26 DEGREES 06 MINUTES 4n SECONDS CAST'. A
DISTANCE OF 25.13 FEET, TO A SET IR INCH IRON PIN %VITI I A YELLOW PLASTIC CAI' STAMPED
HSN 1349 AT THE BEGINNING OF A CURVE TO THE LEFT:
THENCE AROUND SAID CURVE 1.0 THE LEFT, HAVING A CENTRAL ANGLE OF I I DLGRECS 25
MINUTES 54 SECONDS. A RADIUS OF 460.00 FEET. AN ARC LENGTH OF 91.73 FELT. AND A CHORD
WIIICH DEARS SOUTH 85 DEGREES 16 MINUTES 06 SECONDS (VEST, A DISTANCE 01: 91.63 FELT. TO
A SET IC INCH IRON PIN WITH A YELLOW PLASTIC CAP S'TANIPED IIRN I349t
TI IENCE NORTI I S9 DCGREES 00 MINUTES 57 SECONDS WEST. A DISTANCE OF 197.S I FLE I TU TI E
POINT OF BEGINNING AND CONTAINING IN ALL 0.203 ACRE OF LAND.
i�•
EXHIBIT B
254
MAYHILL ROAD
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HAMMETT & NASH, INC.
ENGINEERS & SURVEYORS
223 W. HICKORY, DENTON, TEXAS 76201
9,0-387-0506 to. 940-565-0436. I+aminesnOa:.ma�t.nel
OWN. SPA CKD. SCALE 1 ". 50' IDATE01103101 I JOB N0. 31717
EXHIBIT C 5 21 2
Q1255
31717
11r82000
NLOI'P. I:ASEAII:NT 1) I1ALIYORO
ALL TI TAT CERTAIN TRACTOR PARCEL OF LAND LYING AND BEING SITUATED IN THE D.
LAMBERT SURVEY, ABSTRACT NUMOCR 784. CITY OF DENTON,.DENTON COUNTY, TEXAS. BL'ING
PART OF LOT[. BLOCK A. LOMBARD ADDITION. AN ADDITION TO THE CITY OF DENTON. AS
SHOWN BY THE PLAT THEREOF RECORDED IN CABINET I, PAGE 182, PLAT RECORDS. ULNTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A % INCH IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAIL) LOT I ON TIIE
EAST RIGHT-OF-WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT-OF-WAY), SAID PIN ALSO
BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY HALLFORD.
RECORDED UNDER COUNTY CLERK'S FILL NUMBER 93-110073462. REAL PROPL'RTY IUiCOROS,
DENTON COUNTY. TEXAS; -
THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS CAST. % "ITII T)IG WEST LINE 01: SAID LOT I
AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 507.99 FL•'ETTO A SETI2 INCH IRON
PIN WITH A YELLOW PLASTIC CAP STAMPED HSN 1849, AT THE POINT -OF -BEGINNING OF TI IL
HEREIN DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 45 DEGREES 49 MINUTES 29
SECONDS WEST 997.29 FEET FROM A RAILROD SPIKE FOUND IN TIIE' MIDDLE OF MAN'HILL ROAD
AT TI IE SOUTHEAST CORNER OF THE D. HOUGH SUREY ABSTRACT 696, W'I IICI I IS TI IL
NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 734. ON TIIE NEST LINE OP TIIE
GIDEON WALKER SURVEY ABSTRACT 1330;
THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITH THE WEST LINE OF SAID LOT I.
A DISTANCE OF 5.89 FCET,TO A SETI2 INCH IRON PIN WITI I A YELLOW PLASTIC CAP STAMPED
H tN 1349;
THENCE SOUTH 89 DEGREES 00 MINUTES 57 SECONDS EAST, A DISTANCE OF 197.73 FEET. TO A SET
121NCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED HSN 1849 AT TIIE BEGINNING OF A
CURVE TO THE LEFT;
THENCE WITH SAID RIGHT-OF-WAY. AROUND SAID CURVE TO THE LEFT.I IAVING A CENTRAL
ANGLE OF 13 DEGREES 32 MINUTES 27 SECONDS. A RADIUS OF 540.00 FEET, AN ARC LENGTI I OF
127.62 FEET. AND A CHORD WHICI I BEARS NORTH 34 DEGREES 12 MINUTES 49 SECONDS LAST. A
DISTANCE OF 127.32 FEET, TO A SET 12 INCH IRON PIN WITH A YELLOW PLASTIC CAI' STAMPLU
HSN IS49 AT THE BEGINNING OF A CURVE TO THE RIGHT:
THENCE AROUND SAID CURVE TO TILE RIGHT. HAVING A CENTRAL ANGLE OF 00 DEGREES 30
MINUTES 51 SECONDS, A RADIUS OF 1359.24 FEET, AN ARC LENGTI I OF 16.63 FEET. AND A CHORD
WHICH BEARS SOUTH 22 DEGREES 56 MINUTES H SECONDS EAST. A DISTANCE" OF 16.6S FEL'I, TO
A SET If2 INCI I IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1349;
TIILNCE SOUTH 76 DEGREES 44 MINUTES 43 SECONDS WEST A DISTANCE OF 109.52 FEET TO A V2
INCI I IRON PIN SET WITH YELLOW CAP ST AMi'ED ILCN 1349;
THENCE NORTH 83 DEGREES 36 MINUTES 21 SECONDS WEST A DISTANCE OF 225.77 FEET TO TPIE
POINT OF BEGINNING AND CONTAINING IN ALL 0.134 ACRE OF LAND.
. „ t EXHIBIT D
56
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HAMMETT & NASH, INC.
ENGINEERS & SURVEYORS
223 W. HICKORY, DENTON, TEXAS 76201
C- 940-387-0506 fo. 940-565-0436 Maminas�maercal.nel
DWN. ,SPA CKD. SCALE I " _ $QI1 JOB NO. 3 1717
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COUNTY CLERK
DENTON COUNTY. TEIU79
Filed for Record in:
DENTON COUNTY TX
CYNTHIA MITCHELL, COUNTY CLERK
On Feb 13 2003
At 11:29am
Receipt k:
9314
Recording:
17.00
Doc/Mgmt :
6.00
Doc/Num :
2003—R0022831
Doc/Type •
ERS
Deputy —ERIN