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Home My WebLink About1999-125S \Ow 38 o,llcouoymo dw ORDINANCE NO Qq-la AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE CITY OF DENTON AND STATE OF TEXAS, RELATING TO 0 093 ACRES OF LAND FOR THE EXPANSION OF U S HIGHWAY 77 (PARCEL 38) AND AUTHORIZING THE EXECUTION OF THE DEED, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Resolution 88-021 the City of Denton agreed to acquire and to provide all costs of the right of way for the widening of U S Highway 77, for the State of Texas, and the City owning 0 093 acres of land (parcel 38) as right of way and needing to convey such right of way to the State of Texas, and WHEREAS, that the process for determining the fair market value of the right of way above, as applicable, pursuant to Section 272 001 of the Texas Local Government Code relating to the conveyance of property to a governmental entity that has the power of eminent domain, shall be followed in effectuating this conveyance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute a deed between the City and the State of Texas, acting by and through the Texas Transportation Commission, in substantially the form of the deed which is attached hereto and made a part of this ordinance for all purposes, for the conveyance of 0 093 acres of land for the expansion of U S Highway 77 (Parcel 38) SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the (oV— day of 1999 JACXAILLER, MAYOR ATTEST- JENNIFLR WALTERS, CITY SECRETARY BY ft ALI-� " tt FAA.,�o APP VED IS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY < 7 l4-ZL — Texas Department of Transportation Form D 15 14 Page 1 of 3 Rev 9/91 THE STATE OF TEXAS ) 1 COUNTY OF DENTriN 1 DEED KNOW ALL MEN BY THESE PRESENTS - That, the City of Denton a Texas Municipal Corporation of the County of Denton , State of Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of One Dollar and No n G Dollars ($ 1 00 ) to Grantors Commission, hand paid by the State of Texas, acting by and through the Texas Transportation Comission, receipt of which is hereby acknowledged, and for whch no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain tract or parcel of land in Denton Comity, Texas, more particularly described in Ex- hibit "A," which is attached hereto and incorporated herem for any and all purposes SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit "A," to wit Grantors covenant and agree to remove the above -described improvements from said land by the _— day of _ N/A , 19 , subject, however, to such extensions of time as may be granted by the State in writing, and if, for any reason, Grantors fail or refuse to remove same within said period of time prescribed, then, without any further consider anon, the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever Grantors reserve all of the oil, gas and sulphur in and under the land herem conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same, however, nothing in this reservation shall affect the title and rights of the State to take and use all other minerals and materials thereon, therein and thereunder Texas Department of Transportation Porto D 15 14 Page 2 of 3 Rev 9/91 TO HAVE AND TO HOLD the premises herein described and herem conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever, and Grantors do hereby brad ourselves, our heirs, executors, administrators, successors and as- signs to Warrant and Forever Defend all and singular the said premises herem conveyed unto the State of Texas and its assigns against every person whomsoever lawfully claming or to claun the same or any part thereof, by, through or under, but not otherwise. IN WITNESS WHEREOF, this ment is executed on this the ZJe. , 19 ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF D Enl T-o t J I Co day of BEFORE Ml, the undefstgne , a `otf Public, on this day personally appeared known to me (or proved 1"I _,I r36.1 to me on the oath of a credible witness,) to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed / ? / C' 19 � > GIVEN UNDER MY ELAND AND SEAL OF OFFICE, ttus//daeey of otary P c, State of as Nif r'4'kt1ETHJ WILLIAMS C */l M MMISSION EXPIRES A, MAY 15 2001 My Commission expires on are /.> J6 day of CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, I COUNTY OF DrnITVN I r BP� ORS M,, �y, the undersigned, a Notary Publi , on this day personally appeared M tr>an FL (CITY l Ip0161A-A- of /TY ,,/ E'Al Al , known to me to be die person and officer whose file is subscribed to t(ie foregoing instmment and acknowledged to me that the same was the act of the said _ , 7 _CJF /JEiVi D N a corporation, that he/she was duly authorized to perform the same by appropriate resolution of the board of directors of such corporation and that he/she executed the saute as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated GIVEN UNDER MY HAND AND SEAL OF OFFICE, this &day of 19 z,)111= oiary Pu State of T a %i-'r,lFG / 2 A E%�'% �/ w,'Commission expires on the L,Zlday of Texas Department of Transportation Form D 15 14 Page 3 of 3 Rev 9/91 After recording please return this instrument to, CITY OF DENTON 221 N. Film St. Denton, Texas 76201 Attn• Paul Williamson 0C M z a O O M F W A CERFIPICAIE OP RECORDING THE STATE OF TEXAS, I COUNTY OF DENTON _ I a M EXHIBIT "A" County Denton Highway U.S. 77 Project Limns From J.H. 35 To U.S.380 CSJ 0195-02- Account- FIELD NOTES FOR PARCEL 2$ Page 1 of 1 Rev October 27, 1994 BEING A PARCEL OF LAND SITUATED IN A CALLED 0.395-ACRE TRACT OF LAND CONVEYED TO THE CITY OF DENTON, RECORDED IN VOLUME 1181, PAGE 104 (TRACT 2), DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING PART OF THE DAVIS TRIANGLE ADDITION RECORDED IN CABINET J, PAGE 27, MAP RECORDS OF DENTON COUNTY, TEXAS (MRDCT), BEING SITUATED IN THE B.B.B & C.R R SURVEY, ABSTRACT NO 188, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING for reference at a set 5/8-inch iron rod for the southwest corner of said City of Denton, Tract 2, THENCE S 880 40' 48" E, along the south line of said Tract 2, a distance of 301 83 feet to a set 5/8-inch von rod with an aluminum cap for the POINT OF BEGINNING, being a point on the new south right of way line of U S 77 and said point being on a non -tangent circular curve to the left having a radius of 3759 72 feet, (1) THENCE northwesterly, along the new south right of way line of U S 77 and said curve to the left, through a delta angle of 000 56' 66% an arc distance of 61 15 feet, and having a chord which bears N 650 13' 57" W, a distance of 61 15 feet to a set 5/8-Inch Iron rod with an aluminum cap, said point being the beginning of a reverse curve to the right having a radius of 3879,72 feet, (2) THENCE northwesterly, along the new south right of way line of U.S 77 with said curve to the right, through a delta angle of 010 54' 05% an arc distance of 128 75 feet, and having a chord which bears N 640 44' 52" W, a distance of 128 74 feet to a set 5/8-inch von rod with an aluminum cap; (3) THENCE S 840 44' 05" W, with the new south right of way line of U S 77, a distance of 28 37 feet to a set 5/8-inch von rod with an aluminum cap, said point being on the west line of said Tract 2 and east right of way line of Windsor Drive (60-foot right of way), and being in a non -tangent circular curve to the left having a radius of 570 83 feet, (4) THENCE northeasterly, along the west line of said Tract 2 and said curve to the left, through a delta angle of 040 45' 480, an arc distance of 47.46 feet, and having a chord which bears N 460 25' 58" E, a distance of 47 44 feet to a point being the northwest corner of said Tract 2, and said point being on the existing south right of way line of U S 77, and the east right of way line of said Windsor Drive, (5) THENCE S 580 18' 30" E, along a line common to said Tract 2 and existing south right of way line of U S 77, a distance of 211.20 feet to a point being the southeast corner of said Tract 2, (6) THENCE N 880 40' 48" W, along the south line of said Tract 2, a distance of 13 87 feet to the POINT OF BEGINNING, and containi�� ,:0,093 acre, or 4,051 square feet of land, more or less John F Wilder, R P L S Texas No 4285 nnam.a a�,.mmmnromu• •min •mmo„mommMr ar, rILI L Date G 2462 REV