HomeMy WebLinkAbout2002-188SAOur Documents\Ordinances\02\Condemnation Ordinance Parcel 6.doc
ORDINANCE NO. pS ODo2 — /0 y/
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT
PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING
OF AN APPROXIMATE 0.352 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 SAID PROPERTY BEING LOCATED IN THE ELI PICKETT SURVEY, ABSTRACT
NO. 1018 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND BEING A
PORTION OF 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; 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 REFUSED, 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; 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 fee simple title for street purposes, with such
fee simple title vesting in the City of Denton in the hereinafter described land for the public
purpose of constructing street, drainage, utility and related improvements; and
WHEREAS, the hereinafter described property is believed to be owned by MLM Family
Trust ("Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Public necessity exists and public welfare and convenience require the acquisition
of the following:
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 0.352 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").
SECTION 2. The City Council finds that there is a public necessity and public need to
acquire 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 in the amount of the fair market value, including damages to the
remainder, if any, as determined by an independent appraisal obtained by the City.
SECTION 4. In the event the offer as described in Section 3 is refused 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 Property, with such fee simple title vesting in the City of Denton.
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. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP OVED A TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
"O- v
d &Ck,
EULINE BROCK, MAYOR
Page 2
EDIT A
RIGHT-OF-WAY ACQUISITION
PARCEL 6
BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton
County, Texas and being a portion of 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 strip of land being more particularly described by metes and
bounds as follows:
BEGINNING at the southeast corner of said MLM Tract, also being the southwest comer
of Parcel 2, Conveyance Plat Lexington Park South, recorded in Cabinet S, Page 299, Plat
Records of Denton County, Texas, said point being in Hickory Creek Road;
THENCE S 89052'43" W, a distance of 306.91 feet to the southwest comer of said MLM
Tract;
THENCE N 0009'54" W, passing a found 1/2 inch iron rod at 37.22 feet, in all a distance
of 49.92 feet to a 518 inch capped iron rod (TNP) set on the proposed new north right-of-
way line of Hickory Creek Road;
THENCE N 89051'30" E, with said line, a distance of 306.91 feet to a 5/8 inch capped
iron rod (TNP) set on the common line between said MLM Tract and said Parcel 2;
THENCE S 0009'54" E, with said line, passing a found 1/2 inch iron rod at 12.52 feet, in
all a distance of 50.02 feet to the Point of Beginning and containing 0.352 acre of land of
which 0.263 acre is included in the existing prescriptive right-of-way, leaving a
remainder of 0.089 acre of land more or less.
5=zy-0Z'
Bearings are based the Texas State Coordinate System, North Central Zone (MD 83).
.See F,xhihit B
eic"Aft it B
MAP Si4OWNG PROPOSED
RICH T—OF=WAY ACOOM1,TiON
City of Denton, Denton County, Texos
PARM :I
1NA Ai LAUEJ
Pi i44 -l.
1111111111111111111111 IN III
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
Instrument Number: 2003-207517
As
Recorded On: December 30, 2003 Deed
Parties: MLM FAMILY TRUST OF DALLAS COUNTY Billable Pages: 7
To Number of Pages: 7
Comment:
** Examined and Charged as Follows: **
Deed 26.00
Total Recording: 26.00
************ THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2003-207517
Receipt Number: 77633
Recorded Date/Time: December 30, 2003 02:24P
User / Station: B Smithers - Cash Station 3
Record and Return To:
CITY OF DENTON
601 E HICKORY STE B
DENTON TX 76205
THE STATE OF TEXAS)
COUNTY OF DENTON)
I hereby certify that this Instrument was FILED In the File Number sequence on the datettime
printed heron, and was duly RECORDED In the Official Records of Denton County, Texas.
CYAdu&
County Clerk
Denton County, Texas
STREET RIGHT-OF-WAY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT the MLM Family Trust, of Dallas County, Texas,
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
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r
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.
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 day of 6, 2003.
MLM Famil rust
By:
ne McDaniel - Trustee
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Family Treat\MLM ROW Deed.doc
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me this A-1 day
of 1AU,,),� , 2003, by Lane McDaniel, Trustee, for the MLM
Family Trust, on behalf of said trust.
�r+ STAVE HOLBERT 77 (
NotaryPubtlC Notary Public, State of Texas
State of Tax=
b, Camt.EvYe &12-2006 My commission expires 5�12 -aTD�
Accepted this 307% day of oft-e ae(t_
2003 for the City of Denton, Texas (Resolution No. 91-073).
By: �140?/
Paul Williamson
Manager, Real Estate
and Capital Support
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i^ l
EXMBIT A
RIGHT-OF-WAY ACQUISITION
PARCEL 6
BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton
County, Texas and being a portion of 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 strip of land being more particularly described by metes and
bounds as follows:
BEGINNING at the southeast corner of said MLM Tract, also being the southwest comer
of Parcel 2, Conveyance Plat Lexington Park South, recorded in Cabinet S, Page 299, Plat
Records of Denton County, Texas, said point being in Hickory Creek Road;
THENCE S 89052'43" W, a distance of 306.91 feet to the southwest corner of said MLM
Tract;
THENCE N 0°09'54" W, passing a found 1/2 inch iron rod at 37.22 feet, in all a distance
of 49.92 feet to a 5/8 inch capped iron rod (TNP) set on the proposed new north right-of-
way line of Hickory Creek Road;
THENCE N 89051'30" E, with said line, a distance of 306.91 feet to a 5/8 inch capped
iron rod (TNP) set on the common line between said MLM Tract and said Parcel 2;
THENCE S 0009'54" E, with said line, passing a found 1/2 inch iron rod at 12.52 feet, in
all a distance of 50.02 feet to the Point of Beginning and containing 0.352 acre of land of
which 0.263 acre is included in the existing prescriptive right-of-way, leaving a
remainder of 0.089 acre of land more or less.
L/=1�Z—O7--
Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83).
See Exhibit B for map.
_.AP SHOWING PROPOSEL
RIGHT—OF—WAY ACQUISITION
City of Denton, Denton County, Texas'
PARCEL 1
I I
I II
I I
L17NA M. LAUER
I WL. 4469 PG 744 1
I
0
4I
1�1
CHAUCER ESTATES I�I
PHASE 11 1 O 1
CAB. S, PG 274 1 I
Q K. 44 �j I
43 I A - - --t � I GEORGE T. CONNELL, JR.
44 45 I VOL• 3135, PG 4J6, D.R.D.CT.
Qfl
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ADDITION
PG. 75
P
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LM FAMILY TRUST,
CC / 96-0059630 i PARCEL 2
T. R.P.R.D.C.
CONVEYANCE PLAT
7RCEL 6 ' LEXINGTON PARK SOUTH
ACRE IN Ex/
uT AeeE r0r"SRNC I CAB. S. PG. 299, P.R.D.CT.
T6! ROW
OB9 ACRE REMAINDER
I
0
—' �1' a.x. NAZI. _(VARIABLE WIDTH ROW)._ _ 5 6932
b ---.— N 0009154' W 49.92. (TOE) — —.—...
33r GARY ✓AY MADRIGAL
1 32 VOL. 4155, PG 1004, (QUITCLAIM)
I VOL. 429, PG. 467, (LEGAL DESC-REF. DEED)
O
�I--rHICKORY CREEK RANCH
PHASE 11 1
N TES: CAB. S, PG. 241, P.R.D.GT. P
I. Bearings are based on the Texas Stole Coordinate
System. North Central Zone (Nod 83).
2. Integral parts of this survey.
a. Mop
b. Field notes
3. The new right-of-way line will be monumented with
5/8' Iron rods capped 'T.N.P.'
EXHIBIT B
PARCEL 6
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P.O.B. 'S Dov9s4- E 50.02- (FOE)
CITY OF DENTON
VOL. 4647, PG. 3456
J�
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AL VIN E. MEREDI TH ET UX.
VOL. 629, PG. 474, D.R.D.C. T
0 200 400 600
.
TEAGUE AND PERKINS
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If 00 Macon Street
E. A...
Fort Worth, Texas 76102
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(817) 336-3773
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TEXAS OWNER POLICY OF TITLE INSURANCE
SCHEDULE A
Issued simultaneous with Policy No. NONE Policy No. 0 47354
GF No. TX03-201835-FW06 Amount of Insurance$5,850.00
Premium $254.00
DATE OF POLICY 12/30/2003 at PM
1. Name of Insured:
City of Denton, Texas
2. The estate or interest in the land that is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is insured as vested in:
City of Denton, Texas
4. The land referred to in this policy is described as follows:
BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton County, Texas and
being a portion of a tract of land conveyed to the MLM Family Trust by deed recorded under County
Clerk's File Number 96-110059630, Real Property Records of Denton County, Texas, said strip, said strip of
land being more particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of said MLM tract, also being the southwest corner of Parcel 2,
Conveyance Plat Lexington Park South, recorded in Cabinet S, Page 299, Plat Records of Denton County,
Texas, said point being in Hickory Creek Road;
THENCE South 89 degrees 52 minutes 43 seconds West, a distance of 306.91 feet to the southwest
corner of said MLM Tract;
THENCE North 00 degrees 09 minutes 54 seconds West, passing a found 1/2-inch iron rod at 37.22 feet,
in all a distance of 49.92 feet to a 5/8-inch capped iron rod (TNP) set on the proposed new north right-
of-way line of Hickory Creek Road;
THENCE North 89 degrees 51 minutes 30 seconds East, with said line, a distance of 306.91 feet to a 5/8-
inch capped iron rod (TNP) set on the common line between said MLM Tract and said Parcel 2;
THENCE South 00 degrees 09 minutes 54 seconds East, with said line, passing a found 1/2-inch iron rod
at 12.52 feet, in all a distance of 50.02 feet to the POINT OF BEGINNING and containing 0.352 acre of
land of which 0.263 acre is included in the existing prescriptive right-of-way, leaving a remainder of 0.089
acre of land, more or less.
First American Title Insurance Company
First American Title Insurance Company
Texas Owner T-1(Rev. 12-30-99) Valid Only if Schedule A, B and Cover are attached
SCHEDULE B
GF No. TX03-201835-FW06
Policy No. O 47354
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or
expenses) that arise by reason of the terms and conditions of the leases or easements insured, if any, shown in
Schedule A and the following matters:
1. The following restrictive covenants of record itemized below (the Company must either insert specific
recording data or delete this exception):
See Item 6(a) below.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions,
or any overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations,
governments or other entities,
a. to tidelands, or land comprising the shores or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs, or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
C. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation or the right of
access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2004, and subsequent years,
and subsequent taxes and assessments by any taxing authority for prior years due to change in land
usage or ownership, but not those taxes or assessments for prior years because of an exemption granted
to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements
not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (the
Company must insert matters or delete this exception):
Item No. 1, Schedule B, is hereby deleted.
b. Visible and apparent easements on or across property described in Schedule A.
C. Rights of Parties in Possession.
First American Title Insurance Company First American Title Insurance Company
Texas Owner T-1(Rev. 12-30-99) Valid Only if Schedule A, B and Cover are attached
d. Easement:
To: Texas Power and Light Company
Recorded: February 1, 1937 in Volume 267, Page 353, of the Deed records, of Denton County,
Texas.
Purpose: *****
Location: *****
e. Oil, Gas and Mineral Lease, and all terms, conditions and stipulations therein:
Recorded: August 15, 2002 in Volume 5150, Page 1530, of the Real Property records, of Denton
County, Texas.
Lessor: MLM Family Trust, Nominee
Lessee: NationsGas Partners, L. L. C.
Title to said interest has not been investigated subsequent to the date of the aforesaid instrument.
First American Title Insurance Company
Authorized Countersignature (/ad22 )
First American Title Insurance Company
First American Title Insurance Company
Texas Owner T-1 (Rev. 12-30-99) Valid Only if Schedule A, B and Cover are attached
047354
OWNER POLICY OF TITLE INSURANCE
Issued by
First American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance
stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested(other'than as stated therein;
-h r— _-.
2. Any defect in or lieh,or
3. Any statutory '
inception on or
4. Lack of a
5. Lack of good and indefeasible title.
The Company also will
the extent provided in the
IN WITNESS HEREOF, the FIRST AMERICAN
President under the seal of the Company, but this
the date set forth in Schedule A.
title; n'
contractors; nrlmateryalman's lienfor labor or material having its
of the title, as insured, but only to
COMPANY has caused this policy to be executed by its
only when it bears an authorized countersignature, as of
�y�ilE•IkS��"�y+ . Title Insurance Company
". GQ 1y rrr:
,.� .PREESIDENT
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SEPTE116EA 2§ � � f..
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ATTEST SPCRETARWY
FORM T-1 CA: OWNER POLICY OF TITLE INSURANCE (4-4-02) Page 1 of 5
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of
this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but
not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (il) the character, dimensions or location of any
improvement now or hereafter erected on the land; (ill) a separation in
ownership or a change in the dimensions or area of the land or any parcel
of which the land is or was a part; or (iv) environmental protection, or the
effect of any violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the enforcement thereof
or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records
at Date of Policy.
(b) Any governmental police power not excluded by (a) above,
except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of
Policy.
2. Rights of eminent domain unless notice of the exercise thereof has
been recorded in the public records at Date of Policy, but not excluding
from coverage any taking that has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public records
at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the
insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;
(e) resulting in loss or damage that would not have been sustained
if the insured claimant had paid value for the estate or interest insured by
this policy.
4. The refusal of any person to purchase, lease or lend money on the
estate or interest covered hereby in the land described in Schedule A
because of unmarketabllity of the title.
5. Any claim which arises out of the transaction vesting in the person
named in paragraph 3 of Schedule A the estate or interest insured by this
policy, by reason of the operation of federal bankruptcy, state insolvency,
or other state or federal creditors' rights laws that is based on either (I)
the transaction creating the estate or interest Insured by this Policy being
deemed a fraudulent conveyance or fraudulent transfer or a voidable
distribution or voidable dividend, (ii) the subordination or
recharacterization of the estate or interest insured by this Policy as a
result of the application of the doctrine of equitable subordination or (ill)
the transaction creating the estate or interest insured by this Policy being
deemed a preferential transfer except where the preferential transfer
results from the failure of the Company or Its Issuing agent to timely file
for record the instrument of transfer to the insured after delivery or the
failure of such recordation to impart notice to a purchaser for value or a
judgment or lien creditor.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase including, but not limited to, heirs,
distributees, devisees, survivors, personal representatives, next of kin, or
corporate, partnership or fiduciary successors, and specifically, without
limitation, the following:
(i) the successors in interest to a corporation, limited liability
company or limited liability partnership resulting from merger or
consolidation or conversion or the distribution of the assets of the
corporation or limited liability company or limited liability partnership upon
partial or complete liquidation;
(ii) the successors in interest to a general or limited partnership
or limited liability company or limited liability partnership which dissolves but
does not terminate;
(ill) the successors in interest to a general or limited partnership
resulting from the distribution of the assets of the general or limited
partnership upon partial or complete liquidation;
(iv) the successors in interest to a joint venture resulting from the
distribution of the assets of the joint venture upon partial or complete
liquidation;
(v) the successor or substitute trustee(s) of a trustee named in a
written trust instrument; or
(vi) the successors in interest to a trustee or trust resulting from
the distribution of all or part of the assets of the trust to the beneficiaries
thereof.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice that may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto that by law constitute real property. The term
"land" does not include any property beyond the lines of the area described
or referred to in Schedule A, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but
nothing herein shall modify or limit the extent to which a right of access to
and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records": records established under state statutes at Date
of Policy for the purpose of Imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge. With
respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records"
also shall include environmental protection liens filed in the records of the
clerk of the United States district court for the district in which the land is
located.
(g) "access": legal right of access to the land and not the physical
condition of access. The coverage provided as to access does not assure the
adequacy of access for the use intended.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in
FORM T-1 CA: OWNER POLICY OF TITLE INSURANCE (4-4-02)
Page 2 of 5
the land, or hojds an indebtedness secured by a purchase money mortgage
given by a purchaser from the insured, or only so long as the insured shall
have liability by reason of covenants of warranty made by the Insured in
any transfer or conveyance of the estate or interest. This policy shall not
continue in force in favor of any purchaser from the insured of either (1) an
estate or interest in the land, or (ii) an indebtedness secured by a purchase
money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (1) in case of
any litigation as set forth In Section 4(a) below, or (ii) in case knowledge
shall come to an insured hereunder of any claim of title or interest that is
adverse to the title to the estate or interest, as insured, and that might
cause loss or damage for which the Company may be liable by virtue of this
policy. If prompt notice shall not be given to the Company, then as to the
insured all liability of the Company shall terminate with regard to the
matter or matters for which prompt notice is required; provided, however,
that failure to notify the Company shall in no case prejudice the rights of
any insured under this policy unless the Company shall be prejudiced by
the failure and then only to the extent of the prejudice.
When, after the date of the policy, the insured notifies the Company
as required herein of a lien, encumbrance, adverse claim or other defect in
title to the estate or Interest in the land insured by this policy that is not
excluded or excepted from the coverage of this policy, the Company shall
promptly investigate the charge to determine whether the lien,
encumbrance, adverse claim or defect is valid and not barred by law or
statute. The Company shall notify the insured in writing, within a
reasonable time, of its determination as to the validity or invalidity of the
insured's claim or charge under the policy. If the Company concludes that
the lien, encumbrance, adverse claim or defect is not covered by this
policy, or was otherwise addressed in the closing of the transaction in
connection with which this policy was issued, the Company shall specifically
advise the Insured of the reasons for its determination. If the Company
concludes that the lien, encumbrance, adverse claim or defect is valid, the
Company shall take one of the following actions: (i) institute the necessary
proceedings to clear the lien, encumbrance, adverse claim or defect from
the titre to the estate as insured; (ii) indemnify the insured as provided in
this policy; (iii) upon payment of appropriate premium and charges
therefor, issue to the insured claimant or to a subsequent owner,
mortgagee or holder of the estate or interest in the land Insured by this
policy, a policy of title insurance without exception for the lien,
encumbrance, adverse claim or defect, said policy to be in an amount equal
to the current value of the property or, if a mortgagee policy, the amount
of the loan; (iv) indemnify another title insurance company in
connection with its issuance of a policy(ies) of titre insurance without
exception for the lien, encumbrance, adverse claim or defect; (v) secure a
release or other document discharging the lien, encumbrance, adverse
claim or defect; or (vi) undertake a combination of (i) through (v) herein.
4. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED
CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated
causes of action alleging a defect, lien or encumbrance or other matter
insured against by this policy. The Company shall have the right to select
counsel of its choice (subject to the right of the insured to object for
reasonable cause) to represent the insured as to those stated causes of
action and shall not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees, costs or expenses Incurred by
the insured in the defense of those causes of action that allege matters not
insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act that in its opinion
may be necessary or desirable to establish the title to the estate or interest,
as insured, or to prevent or reduce loss or damage to the insured. The
Company may take any appropriate action under the terms of this policy,
whether or not it shall be liable hereunder, and shall not thereby concede
liability or waive any provision of this policy. If the Company shall exercise
its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed
a defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the insured
shall secure to the Company the right to so prosecute or provide defense in
the action or proceeding, and all appeals therein, and permit the Company to
use, at its option, the name of the insured for this purpose. Whenever
requested by the Company, the insured, at the Company's expense, shall
give the Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act that in
the opinion of the Company may be necessary or desirable to establish the
title to the estate or interest as insured. If the Company is prejudiced by the
failure of the insured to furnish the required cooperation, the Company's
obligations to the insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation, with
regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of loss
or damage signed and sworn to by the insured claimant shall be furnished to
the Company within 91 days after the insured claimant shall ascertain the
facts giving rise to the loss or damage. The proof of loss or damage shall
describe the defect in, or lien or encumbrance on the title, or other matter
insured against by this policy that constitutes the basis of loss or damage
and shall state, to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the failure of the
insured claimant to provide the required proof of loss or damage, the
Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such proof of loss or
damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the Company
and shall produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the insured
claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage. All
information designated as confidential by the insured claimant provided to
the Company pursuant to this Section shall not be disclosed to others unless,
FORM T-1 CA: OWNER POLICY OF TITLE INSURANCE (4-+02) Page 3 of 5
in the reasonable judgment of the Company, administration of the claim. Failure of the iured is
necessary in
ant submit for
rata
examination under oath, produce other reasonably requested information (0 where an subsequent improvement has
e migrana permission to secure reasonably necessary information from third Partial loss, the Company shall onloss been made, value
to a
Parties as r that the amount of insurance at Date of pp� cy bears the total value of ti
squired in this paagraph shall terminate an insured in the Proportic
Company under this Policy
oll as to Y liability of the estate or interest at Date of Polity; or
cY that claim. (if) where a subsequent improvement has been made, as to an
6• OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION that 1l l Pant shall only pay the loss pro rata in the ro
OF LIABILITY Percent Of the Amount of Insurance stated in Schedule A bears t,
the sum of the imount prove f Insurance stated in Schedule A and the amoun
In case of a claim under this polity, the Company shall have the
following additional options: expended for the improvement.
(in ad Pay or Tender Payment of the The Provisions of this Paragraph shall not apply
Amount of Insurance, and expenses for which the Company is liable under this polll attorneys fees
To pay or tender Payment of the amount of insurance under this shall onl a I to that
Polley, together with any costs, attorneys' fees and expenses incurred by Y pPY Of any loss
P Cy, and
the insured claimant, which were authorized b agg�ate, 10 Percent of the AmountofInsurance sta which exceeds, in the
time of payment or tender of a y the Company, incurred
re the (c) The Company will pay only c Schedule A.
to pay. Payment and which the Company is obligated expenses incurred in accordance withSection4 costs, these attorneys, fees and and
Upon g Stipulations,
obligations to exercise by the Company of this option, all liability and 8. APPORTIONMENT,
the insured under this
payment required, shall to dingPOlia other than to make the
defend, s terminate, including any Debility or obligation to If the land described p osecute, or continue an nl to Schedules consists of two affecting
more parcels that
surrendered to the Company y litigation, and the policy shall be are not used as a single site, and a loss is
P y for cancellation. of the parcels but not all, the loss shall be computed and on a pro aW
(b) To Pay the
Otherwise Settle With Parties ether than the Insured basis as if the amount of insuance under this polity was divided pro Pro
to
or With the Insured Claimanas
t. to the value on Date of Polity ra each se
U) f policy,
to Pay or otherwise settle with other of any improvements made subsequent paste Parcel to the whole, exclusive
name of an insured claimant any claim insured against under Sr Inthevalue has otherwise been agreed upon a o h Parcely thunless a liability or
together with any costs, attorneys, f policy, the insured at the time of the issuance of this policy and shown by an express
insured claimant which were authorized b and expenses incurred by the statement or by an endorsement attached to this policy.Pant and
Payment and which the Y the Company up to the time of
Company is obligated to pay; or
(u) to Pay or otherwise settle with the insured claimant the loss g' LIMITATION
or damage provided for under this policy, OF I-IABILiTy.
attorneys' fees and ex P e i together with any msLs (a) If the Company establishes the title, or removes the alleged defect,
authorized b expenses incurred by the insured lien or encumbrance, Y the Company u to claimant which were land, all as insured, or or cures the lack of a right
Company is obligated P the time of payment and which the takes action in a ght of access to or from the
9 ed to pay, in a reasonably diligent manner b ccordand with Section 3 or Section e
Upon the exercise by the Company Y any method, including litigation and the
for in as Pa Y of either of the options provided completion of any appeals therefrom, it shall have full
under this policy forbthe claimed (if), he or parry's obligations
the a insured
obligations with respect to that matter and shall not be liable foeanrmed its
required to be made, shall terminate, including any liability or obligation to damage caused thereby.
Payments Y loss or
defend, prosecute, or continue any litigation. the In the event of any litigation, including litigation by the Company
with the Company's consent, the Company shall have no flab for loss or
damage until there has or
2• DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. jurisdiction, and disposition all final determination by a court of competent
This policy is a contact of Indemnity against actual monetary appeals therefrom,
damage sustained or incurred bured as
insured. adverse to the title d
loss or damage by reason of matters insured la nsntb who has suffered (c) The Comp
any shall not be liable for loss or damage to any insured
only to the extent herein described. ma. for liability voluntarily assumed by the insured in settling any claim or suit
Y this policy and without the prior written consent of the Company.
(a) The liability of the Company under this policy shall not exceed 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF
the least of:
(I) the Amount of Insurance stated in Schedule A; LIABILITY. (if) the difference between the value of the insured All a
interest as insured and the value of the insured estate or Payments under this Policy,
to the de estate or interest subject attorneys' fees and ex except payments made for costs,
ect, lien or encumbrance insured tanto. expenses shall reduce the date the insured against by this policy amount of the insurance pro
Claimant is required to furnish to Company a proof of loss
or damage in accordance with Section 5 of these Conditions and
Stipulations. 11• LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
(b) In the event the Amount of Insurance shall be reduced b an
Schedule A at the Date of Policy is less than 80 stated in y Y amount the
insured estate or interest or Percent of the value of the insuring a mortgage to which Company may Pale under an
the full consideration insured has a exception is taken in ScheduleY Pokty
whichever is less, or if sub Paid for the land, gam, assumed or taken sub' B or to which the
erected on the land whichcredSes the0valuete fo�lthe icy an
by an insured and which is a charge or lien subject,
the which is or
executed
interest b improvement is or referred a in Schedule A, and the amount so Paid
or interest described
Y then
least 20 percent over the Amount of Insurance sate or payment under
Schedule q, then this Policy is sub' stated in this policy to the insured owner. Paid shall be deemed a
subject to the following:
FORM T-I CA: OWNER POLICY OF TITLE INSURANCE (4-4-02) Page 4 of 5
9
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed,
in which case proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and Stipulations, the
loss or damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under
this policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies that the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or property necessary
in order
to perfect this right of subrogation. The insured claimant shall
permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
Ifl a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion that the Company's payment bears to the whole
amount of the loss.
If loss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against by this
policy that shall exceed the amount, if any, lost to the Company by reason
of the, impairment by the insured claimant of the Company's right of
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terns or conditions contained in those instruments
that provide for subrogation rights by reason of this policy.
14.
Unless prohibited by applicable law or unless this arbitration section is
deleted by specific provision in Schedule B of this policy, either the
Company or the Insured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association.
Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the Insured arising out of or relating to
this Policy, and service of the Company in connection with its issuance or
the breach of a policy provision or other obligation. All arbitrable matters
Owner Policy
ISSUED BY:
0 AMEq,c
9
4 L
when the Amount of Insurance is $1,000,000 or less shall be arbitrated at
the request of either the Company or the Insured, unless the insured is an
individual person (as distinguished from a corporation, trust, partnership,
association or other legal entity). All arbitrable matters when the Amount of
Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to
by both the Company and the Insured. Arbitration pursuant to this Policy
and under the Rules in effect on the date the demand for arbitration is made
or, at the option of the insured, the Rules in effect at the Date of Policy shall
be binding upon the parties. The award may include attorneys' fees only if
the laws of the state in which the land is located permit a court to award
attorneys' fees to a prevailing party. Judgment upon the award rendered by
the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The Law of the situs of the land shall apply to any arbitration under the
Title Insurance Arbitration Rules.
A Copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted to
this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provision
and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number of
this policy and shall be addressed to the Company at: First American Title
Insurance Company, 1500 S. Dairy Ashford, Suite 300, Houston TX 77077.
COMPLAINT NOTICE.
Should any dispute arise about your premium or about a claim that you
have filed, contact the agent or write to the Company that issued the policy.
If the problem is not resolved, you also may write the Texas Department of
Insurance, P. O. Box 149091, Austin, TX 78714-9091, Fax No. (512) 305-
7426. This notice of complaint procedure is for information only and does
not become a part or condition of this policy.
First American Title Insurance Company
1500 South Dairy Ashford, Suite 300
Houston, Texas (77077)
National: 1-800-347-7826
FOR INFORMATION, OR TO MAKE A COMPLAINT, CALL:
1-800-347-7826
T-1 CA: OWNER POLICY OF TITLE INSURANCE (4-4-02) Page 5 of 5
IIINII�I��I�YII
Recorded On: November 10, 2003
Parties: FLATT PAUL
To
Comment:
Partial Release 22.00
Total Recording: 22.00
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
Instrument Number: 2003-184768
As
Partial Release
** Examined and Charged as Follows: **
Billable Pages: 5
Number of Pages: 5
************ THIS PAGE IS PART OF THE INSTRUMENT ************
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2003-184768
Receipt Number: 68076
Recorded Date/Time: November 10, 2003 01:59P
User / Station: J Morris - Cash Station 1
Record and Return To:
CITY OF DENTON
601 E HICKORY STE B
DENTON TX 76205
THE STATE OF TEXAS)
COUNTY OF DENTON }
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed bench, and was duly RECORDED In the Official Records of Denton County, Texas.
COWA
County Clerk
Denton County, Texas
STATE OF TEXAS
COUNTY OF DENTON
note:
PARTIAL RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS:
The undersigned is the present legal and equitable owner and holder of the following
Date: July 12, 1996
Original Amount: FIFTY THOUSAND AND 00/100 DOLLARS
($50,000.00)
Maker: MLM Family Trust
Payee: Paul Flatt and wife, Eleanor Flatt
Final Maturity Date:
Terms of Payment:
Holder of Note and Lien: Paul Flatt and wife, Eleanor Flatt
Holder's Mailing Address: 3104 Windy Hill
Denton, Texas 76201
Denton County
Note and Lien are described in the following documents:
Warranty Deed With Vendor's Lien, recorded August 27, 1996 in County Clerks File No. 96-
R0059630, of the Real Property Records of Denton County, Texas.
Deed of Trust, recorded August 27, 1996 in County Clerk's File No. 96-R0059631, of the Real
Property Records of Denton County, Texas.
Agreement for Partial Release of Liens, recorded August 27, 1996 in County Clerks File No. 96-
R0059633, of the Real Property Records of Denton County, Texas.
(The above described documents and liens are whether one or more, hereinafter called the
"Lien").
For good and valuable consideration paid to the undersigned, the receipt and sufficiency
of which is hereby acknowledged, the undersigned hereby releases and discharges the Lien from
the property located in the City of Denton, Denton County, Texas, fully described in the attached
Exhibit "A" and illustrated in the attached Exhibit `B" which is made a part hereof by reference.
Page 1
SAReal Fst\Projects\ROW Shared\Projects\Hickory Creek Road Improvement ProjectTarcel 6 MLM Family Trust\Partial Release of Liens.doc
This Partial Release of Lien only affects a release of the Lien as against the property
described in Exhibit "A" and illustrated Exhibit `B". It does not affect any other lien or liens that
the undersigned may have against any other property. This Partial Release of Lien also affects the
release of any other interest, if any, that the undersigned may have in property described in
Exhibit "A" and illustrated in Exhibit "B".
SIGNED this _ day of 4&Vyo,.4!v , 2003.
Paul Flatt
STATE OF TEXAS
COUNTY OF DENTON
La4o.�
t/.
Eleanor O. Flatt
ACKNOWLEDGMENT
This instrument was acknowledged before me this day of GUf/A Ofrrw, 2003,
by Paul Flatt.
ROBERT E. BELL Notary Public, State of Texas
°.,'Ai • ` Notary Public, state of Texas My commission expires Z / "�
;A'•� My Commission Exp, 03.27.2007
This instrument was acknowledged before me this / day of/1/OV-f A i�n , 2003,
by Eleanor O. Flatt.
Notary Public, State of Texas
My commission expires 7
Page 2
SAReal EsOrojects\ROW Shared\Projects\Hickory Creek Road Improvement ProjecOarcel 6 MLM Family Trust\Partial Release of Liens.doc
MAY-22-2002 12:08 TEAGUE NALL AND PERKINS 8173362813 P.08/20
EXHIBIT A
RIGHT-OF-WAY ACQUISITION
PARCEL6
BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton
County, Texas and being a portion of a tract of land conveyed to the MLM %amily Trust
by deed recorded under county clerk's file number 96-0059630, Real Property Records of
Denton County, Texas, said strip of land being more particularly described by metes and
bounds as follows:
BEGINNING at the southeast corner of said MLM Tract, also being the southwest corner
of Parcel 2, Conveyance Plat Lexington Park South, recorded in Cabinet S, Page 299, Plat
Records of Denton County, Texas, said point being in Hickory Creek Road;
THENCE S 89052'43" W, a distance of 306.91 feet to the southwest comer of said MLM
Tract;
THENCE N 0009'54" W, passing a found 1/2 inch iron rod at 37.22 feet, in all a distance
of 49.92 feet to a 518 inch capped iron rod (TNP) set on the proposed new north right-of-
way line of Hickory Creek Road;
THENCE N 89051'30" E, with said line, a distance of 306.91 feet to a 5/8 inch capped
iron rod (TNP) set on the common line between said MLM Tract and said Parcel 2;
THENCE S 0009'54" E, with said line, passing a found 1/2 inch iron rod at 12.52 feet, in
all a distance of 50.02 feet to the Point of Beginning and containing 0.352 acre of land of
which 0.263 acre is included in the existing prescriptive right-of-way, leaving a
remainder of 0.089 acre of land more or less.
Bearings are based the Texas State Coordinate System, North
See Exhibit B for map.
EXn�b��
MAP SHOW`;
RIGHT-OF-WAY
u
PROPOSED
ACQUISI7ION
City of Denton, Denton County, Texas
FPARCEL
I I
' lI
I I /
I
k4A M. LAUEJ
1 M. 4468. Pa 744
c�' yJ� 2
z
p
171 Q�� I
1�1
IaI �J CONNELL ADDITION
CAB. P. PG. 75 1
I
P•/R.r
z /Rr
Ibl
I
7
CHAUCER ESTATES
I'1I
MLM FAMILY TRUST,
PHASE 11
1 Q 1
,
CC j 96-0059630
PARCEL 2
CRAB. S, PG 274
I, t
',
R.P.R.D.C. T.
i
Q b� 44 1%I
I
CONVEYANCE PLAT
_
43
PARCEL 6
LEXINCTON PARK SOUTH
q�q ---��'
A
1 I
GfORGE T. CONNELL, JR. ,
O.J52 ACRC rOUI
I GAD' $ PG 299, P.R.D.C. T.
- - l
45
I
VOL• J135, PC. 4J6, D.R.O.0 T
0.16J ACRE IN E7ISONL ROW
a.a69 ACRE REYA tlaCR
44
,
46
(I
2
�I
P
\M1\M1
as
..
_ -1 es
_ .\~ P.K. NAIL
.. ._.._.__
HICKORY _CREEK ROAD
(VARIABLE MOTH ROW)
,..... _Z. .J...a..
J�31 l�'91 i
5 6931 q W ]06.91
..--..-..-.._.._.._.._..-.._.._
APPARENr ExISRN6 ROK
-Bv PR£SCR/P➢QV
p5N 0009'64' W 49.97' (For.)- I I
l �ARY JAY MADRIGAL
32 VOL.WL. 4155, PG. 1004, (QUITCLAIM) -ly/
I VOL. 429, PG. 467, (LEGAL DESC.—REF. DEED)
Y—rHICKORY CREEK RANCH i
PHASE 11 '
TES: CAB. S PG. 241, P.R.D.CT. c P
I. Bearings are based an the Texas Stale Coordinate
System, North Central Zone (Nod 83).
2. Integral parts of this survey.
o. Mop
b. Field notes
3. The new rlghl-of-way line will be monumenled with
5/8' Iron rods Copped T.N.P.'
EXHIBIT B
PARCEL 6
L-.\PR0J-R14\DEN0C271 \R0W\PARC-G.0WG
�7 •`2Z-oi
Dole:
P.O.H. s oov9'54' E sao2' (roc)
CITY OF DENTON
VOL. 4647, PG. 3456
J�
ALVIN E. MEREDITH £T UX.
WL. 829, PG. 474, D.R.D.C.T.
0 200 400 600
AND
o�FJJjE,.ALLiEE
00X8NL71X4TEAGUE
1Is260S
11 0 0 M a a o n S l r a e 1
:E'
Fort Worth. Texas 76 1 0 1
817)336-5773
235 Waal Nlakory street
Su Ita 100
0 a n 1 o n, T e x a a 76 20 1
(040)J8 3-4177