The URL can be used to link to this page

Home My WebLink About2000-088\\Cx LOL\VOLI\ehe�WepPLOL\Ow UocummY`ANlwneeMNWeyer MeoOnax.Eoc AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN DOUGLAS C WEYER, THE WEYER LIVING TRUST — DATED JANUARY 12, 1995 AND THE CITY OF DENTON WHICH AMENDS AN AGREEMENT ENTERED INTO ON FEBRUARY 16, 1999, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is authorized to execute an Assignment and Assumption Agreement between Douglas C Weyer (Assignor), the Weyer Living Trust, dated January 12, 1995 (Assignee), and the City of Denton (Landlord), which is attached hereto and made a part hereof SECTION 2 That this ordinance will authorized the Assignor to assign, transfer, set over, and deliver to Assignee all of Assignor's right, title and interest in and to the Lease which was entered into with the Landlord on February 16, 1999 SECTION 3 That this ordinance shall become effective immediately upon its passage and approval �j� PASSED AND APPROVED this the day of %// ke—A 2000 LLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY QTT Lo ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIC4NMENT AND ASSUMPTION AGREEMENT is dated the -A day of 2000 by and between Douglas C Weyer ("Assignor"), The Weyer Lrvin Trust — dated January 12, 1995 ("Assignee"), and the City of Denton ("Landlord") Recitals of Fact A Assignor and Landlord entered into that certain Airport Lease Agreement ("Lease") with an effective date of February 16, 1999, wherein Assignor agreed to lease from Landlord, a 0 35 acre of land in the William Neil Survey, Abstract No 970, and being part of Lot 1, Block 1, Southeast Airport Addition to the city of Denton, Denton county, Texas, according to the plat thereof recorded in Cabinet G, Page 295, Plat Records, Denton County, Texas As more particularly described in attachments A and B, attached hereto and made a part hereof by reference B Assignor desires to assign, transfer, set over, and deliver to Assignee all of Assignor's right, title, and interest in and to the Lease C Assignee desires to assume all of Assignor's right, title, and interest in and to the Lease D Landlord desires to acknowledge, agree to, and consent to the previously approved assignment of the Lease to Assignee Agreement In consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows 1 Assignment Assignor assigns, transfers, sets over and delivers unto Assignee all of Assignor's right, title, and interest in and to the Lease 2 Acceptance Assignee accepts the foregoing assignment of the Lease and assumes all duties and obligations of Assignor under the Lease 3 Consent Landlord acknowledges, agrees to, and consents to Assignor's assignment of the Lease to Assignee 4 Assignor's Continuing Obligation This Assignment shall not act to release Assignor from its obligations under the Lease 5 Miscellaneous This Assignment and Assumption Agreement shall be (a) binding upon, and inure to the benefit of, the parties to this Assignment and Assumption Agreement and \\CH LGL\VOLI\ehmaS gi"L\OurD mmY nucm\W\ASSIGNMMT MD ASSUMPTION AGKC MT&c Page 1 of 2 their respective heirs, legal representatives, successors and assigns, and (b) construed in accordance with the laws of the State of Texas INS WITNESS WHEREOF, this Assignment and Assumption Agreement has been signed and delivered by the parties as of the date first above written ASSIGNOR ASSIGNEE The Weyer Living Trust Dated January 12, 1995 LE Weyer, Trustee LANDLORD City of Denton APPROVED AS TO LEGAL FORM Herbert L Prouty, City Attorney QI NCH LGL\VOLIUb,raPAM"LOnr Oowmmle\CootraMW SIGNME TANOASSUMPTIONAGREEMENTa Edwin Ser First Assist t Ci Attorney Page 2 of 2 ATTACHMENT "A" :'off '>a ATTACHMENT "B„ Fl£tD NOT D£SCRII'701V Belnq o 0 J50 acre tract of lend $'fueled In the 1151hom /Jell Survey AbOroct No 970 Crt7 of Denton Denton County rexos and being a portion of to( I stock 1 of Southeast Airport Addition on addition to the City of Denton rexos, according to the Mop or Flof thereoO recorded in Cabinet 6 Page 795 of the plot records of Denton County lexas said OJ50 acre tract being more particularly described as follows COMMENCIN6 a; J inch dirk for the westemmosl southwest comer of said tot 1, some being the South 08 degrees J6 minutes 71 seconds Nesf a distance of 161009 reef from a J inch disk for the northwest comer of said tot 1 INENC£ South 88 degrees J6 minutes 10 seconds test a distance of 18576 feet to a J inch disk for an ek comer of sold tot I 7fENC£ South Of degrees 7J minutes 50 seconds West, along the west line of sold tot 1, a distance of 2701J feet to n point said point being North Ol degrees 7J minutes 50 seconds Cost a distance of 54.'JP feel from the southernmost southwest comer of sold tot I MENC£ South 88 degrees J6 minutes 10 seconds East over and acroTs said lot 1 0 distance of J75 00 loot to an iron rod set for the POINT OF s£6lNNINC some being the northwest comer of the herein described tract and being South 01 degrees 2J minutes 50 seconds West a distance of 7574 reel from on Iron rod round 7N£NCE continuing over and across sand tot I the following calls South 88 degrees J6 minutes 10 seconds Cost o distance of 27700 to on iron rod set for the northeast comer of the herein described tract South 01 degrees 71 minutes 50 seconds West a distance of 5500 feet to on Iron rod set for the southeasl comer of the herein described tract North 88 degrees J6 minutes 10 seconds IYesf a distance of 77700 feet to an Iran rod set for The southwest comer of the herein described tract, North 01 degrees ?J minutes 50 seconds foal, o distance of 5500 reef to the Pow OF BEGINNING and conlolmng 0J50 acres or 15,7J5 square feel of land more or less and being subfncl to any and all easements the( may affect FLOOD NOTE IT IS LIY OPINION TNAI THE PROPERTY DESCRIBED IIEREIN_ fS NOT ___ WDIIM A SPECIAL FLOOD IIAZARD AREA ACCORDING 10 DIE FEDERAL EUERGENCY LTANACEAIENT AGENCY FLOOD MSURANCE RATE ►IAP, CONANNRBo Y-PANEL NO IrV0155 E PRESENT EFTECTK DATE OF UAP _ IPR/L 7 l897 HEREIN PROPERTY SITUATED WITHIN ZONE __ X1uNSHADED ___