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HomeMy WebLinkAbout2002-056 ORDINANCE NO. AN ORDINANCE ABANDONING AND VACATING THE RIGHT-OF-WAY OF EDWARDS STREET BETWEEN AVENUE E AND AVENUE D AND VACATING THE RIGHT-OF-WAY FOR THE PARTIAL ABANDONMENT AND REROUTING OF CHESTNUT STREET BETWEEN AVENUE E AND AVENUE D TO ACCOMMODATE THE CONSTRUCTION OF A NEW STUDENT RECREATION CENTER AT THE UNIVERSITY OF NORTH TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for the vacation and abandonment of certain right-of-way from the underlying and abutting fee simple owner, the University of North Texas ("UNT"); and WHEREAS, the property to be abandoned is described in Exhibits "A" and "C" and illustrated in Exhibits `B" and "D", respectively, attached hereto and made a part hereof by reference (the"Abandoned Right-of-Way"); and WHEREAS, the Development Review Committee of the City of Denton, Texas reviewed the requested abandonment of the Abandoned Right-of-Way and has recommended approval; and WHEREAS, the City Council of the City of Denton, Texas has determined that the Abandoned Right-of-Way is no longer needed for public use; and WHEREAS, the City and UNT have entered into an interlocal agreement which calls for the conveyance to the City from UNT of certain other street right-of-way in exchange for the City's abandonment of the Abandoned Right-of-Way; and WHEREAS, because UNT is the underlying and abutting fee simple owner of Abandoned Property, the conveyance of the City's interest in the Abandoned Property may be for less than fair market value as provided for in §272.001(b) of the Texas Local Government Code;NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. The Abandoned Property is hereby abandoned and all right, title and interest of the City in and to the Abandoned Property is hereby quit claimed to the abutting owner, UNT, subject to the rights of all utilities currently existing in the Abandoned Property to continue to operate and maintain existing utility facilities in the Abandoned Property. The City Manager or his designee is hereby authorized to execute on behalf of the City a quit claim deed to UNT to further evidence this abandonment. Section 2. This ordinance shall become effective immediately upon its passage and approval. a PASSED AND APPROVED thus the !/9 day of k ALZ , 2002. EULINE BROCK, MAYOR �CU ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PR UTY, CITY ATTORNEY BY: Page 2 CAWINDOWS\TEMP\ JNTAbandonment-Edwards.doc EXHIBIT A CHESTNUT STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 3,366 SQUARE FEET PROPERTY DESCRIPTION BEING a 3,366 square foot tract of land situated in the existing 50' right of way of Chestnut Street, as dedicated to the City of Denton in College Addition, on Addition to the City of Denton, as recorded by plat in Volume 44, Page 600, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod set for corner at the northeast corner of Block 43 of said Addition, said corner also being at the intersection of the south line of said Chestnut Street with the most westerly northwest corner of Avenue D as abandoned by City Ordinance No. 76-47, THENCE S89'51'20"W, along said south line, a distance of 206.13 feet to a 5/8" iron rod set for corner at the beginning of a curve to the left having a central angle of 20'57'47", a radius of 279.32 feet and a chord bearing and distance of N79'12'55"E, 101.63 feet; THENCE departing said south line and along said curve to the left on arc distance of 102.20 feet to a p.k. nail set for corner; THENCE N89'51'20"E, parallel to said south line, a distance of 186.30 feet to a 5/8" iron rod set for corner at the intersection of said south line with the northwest corner of Block 37 of the aforementioned College Addition; THENCE 57639'46"W, along said south line and along a north line of the aforementioned Avenue D abandonment, a distance of 82.22 feet to the POINT OF BEGINNING and containing 3,366 square feet of land, more or less. BASIS OF BEARINGS: The bosis of beorings shown hereon is the south line of Chestnut Street, S89'51'20"W, as shown on the Denton City Ordinance No. 76-47 recorded in Volume 4942, Pg. 2416, Deed Records, Denton County, Texas. �l R. P18UFs�`1. 1 . .Qo C3 BROCKETTE DAMS DRAKE inc. ooconsulting engineers Civil & Structural Engineering Surveying 4144 Central Expwy.,Suite 1100 Dollos,Texos 75204 (214)824-3647 Job No. C01015.401 January, 2002 Sheet 1 of 2 EXHIBIT B CHESTNUT STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION e 3,366 SQUARE FEET SCALE 7=50' Q � O � �3 zLU ov so' Right of way CHESTNUT STREET CHESTNUT N 89'51 '20" E 186.30' STREET P. 0. B 46„W 5/8"IRs 63g , S 89 '20" W 206. 13' h11b S� g2.22 � A = 20'57'47" 0\_OG R = 279.32' R. 0. W. L = 102,20' Abandoned CB= N 79'12'55" E by Ordrnanc el Ch = 101. 63' No. 76— 47 V. 4942, P. 24 J O-fl R. PIBURN. 3689 P• Q BROCKETTE DAVIS DRAKE inc. sUR -,4` ooconsulting engineers -r Civil & Structurol Engineering Surveying 4144 Centrot Expwy.,Suite 1100 Dallos.Texas 75204 (214)824-3647 Job No. C01015.401 January, 2002 Sheet 2 of 2 EXHIBIT C EDWARDS STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 26,988 SQUARE FEET PROPERTY DESCRIPTION BEING a 26,988 square foot tract of land situated in the E. Puchalski Survey, Abstract No. 996, in the City and County of Denton, State of Texas, and being a part of Block 43, College Addition, and being more particularly described as follows: BEGINNING at a 3/8" iron rod found for corner in the south line of Edwards Street (45' R.O.W.) at its intersection with the west line of Avenue D (80' R.O.W) as shown on the Map of said College Addition; THENCE N89'55'52"W, along said south line of Edwards Street, a distance of 599.73 feet to a 5/8" iron rod set for corner of the intersection of said south line with the east line of Avenue E (50' R.O.W.); THENCE N0O'OS'18"E, deporting said south fine and along said east line of Avenue E, a distance of 45.00 feet to a 5/8" iron rod set for corner at the intersection of said east line with the north line of said Edwards Street; THENCE S89'55'52"E, deporting said east line and along the said north line of Edwards Street, a distance of 599. 73 feet to a 5/8" iron rod set for corner in the afore— mentioned west line of Avenue D; THENCE S00'08'18"W, deporting said north line and along the said west line of Avenue D, a distance of 45.00 feet to the POINT OF BEGINNING and containing 26,988 square feet or 0.6196 acres of land, more or less. BASIS OF BEARINGS: The basis of bearings shown hereon is the south line of Edwards Street, N89'55'52"W, as shown on the Warranty Deed recorded in Volume 2049, Page 396, Deed Records, Denton County, Texas. � r fi d Pi13l1RN. JR. C� BROCKETTE DAVIS DRAKE in '3689 ooconsulting engineers Civil & Structural Engineering Surveying 4144 Central Expwy.,Suite 1100 Da11as,Texas 75204 (214)824-3647 Job No. C01015.401 October, 2001 Sheet 1 of 2 . EXHIBIT D �-- ® �- EDWARDS STREET ABANDONMENT SCALE 1=100 BLOCK 43, COLLEGE ADDITION 26,988 SQUARE FEET "x"FOUND AVENUE E 50' R.O.W, 5/8"1RS 5/8")RS N 00*08'18" E 45.00' Q I 1 0 N P 0 3 0 �- LE LO K 4 `� � G B � 8 O O K u� u' w ~ � w w C6 LU N Ln U o 3 v) 3 w Q O ~ a o w ct: _, o o Ln °C 0 L' O CC) Z � Q v ~' co ce 0 Z Q (n Q "' U 2 � } U 0 cn w POINT OF BEGINNING 26,988 SQUARE FEET STREET ABANDONMENT S 00*08'18" W 45.0 318"1RF /-5/8 IRS �•�3 3/8"tRF AVENUE D NN A, r�.. ., jp. 80' R.o.w. y:°�� 3089 O S U = BROCKETTE DAVIS DRAKE inc. ==Consulting engineers Civil & Structural Engineering Surveying 4144 Central Expwy.,Suite 1100 Dollos,Texas 75204 (214)824-3647 .lob No. C01015.401 October, 2001 Sheet 2 of 2 INTERLOCAL AGREEMENT THIS AGREEMENT is entered into effective as of the date set forth below by and between the City of Denton, Texas, a home rule municipal corporation (the "City") and the University of North Texas ("UNT"). WHEREAS, the City and UNT desire to enter into an Interlocal Agreement for the exchange of land for use as right-of-way, pursuant to §791.028 of the Texas Government Code, §272.001 of the Texas Local Government Code, and §2-127 of the Denton Code of Ordinances; and WHEREAS, UNT has a construction project to build a new student recreation center located between West Sycamore Street, Chestnut Street, North Texas Boulevard (formerly known as Avenue E), and Avenue D that requires the abandonment of a portion of Edwards Street and a partial abandonment of Chestnut Street as described in Exhibits "A" and "C" and illustrated on Exhibit "B" and "D", respectively, which exhibits are attached hereto and made a part hereof by reference (the "Abandoned Property"); and WHEREAS, the new recreation center will benefit both UNT and the citizens of the City of Denton; and WHEREAS, the right-of-way to be conveyed by UNT to the City in exchange for the Abandoned Right-of-Way is described in Exhibits "E", "G" and "I" and illustrated in Exhibits "F", "H" and "J" ", respectively, which exhibits are attached hereto and made a part hereof by reference (the "Exchange Property"or"Exchange Right-of-Way"); and WHEREAS, both City and UNT agree that the Exchange Property equals onexceeds the fair market value of the Abandoned Property; and WHEREAS, because UNT is the underlying and abutting fee simple owner of Abandoned Property, the conveyance of the City's interest in the Abandoned Property may be for less than fair market value as provided for in §272.001(b) of the Texas Local Government Code; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein the City and UNT hereby agree as follows: 1. The City shall abandon the Abandoned Property and quit claim its interests therein to UNT subject to the rights of all utilities currently existing in the Abandoned Property to continue to operate and maintain existing utility facilities in the Abandoned Property (the "City's Abandonment and Quit Claim"). In exchange for the City's Abandonment and Quit Claim, UNT shall convey the Exchange Property to the City by right-of-way deed or deeds in substantially the form of the Street Right-of-Way Deed attached hereto and made a part hereof by reference as Exhibit "K" (UNT's Conveyance"). 2. If UNT's Conveyance is not made within six months of the City's Abandonment and Quit Claim UNT shall be in breach of this Agreement. In such case the City may either enforce specific performance of this Agreement or obtain liquidated damages from UNT in the amount of $91,000.00. The parties agree that the liquidated damages represents the fair market value of the City's Abandonment and Quit Claim. 3. The City Council of the City and the Board of Regents of UNT have duly authorized this Agreement and the execution of same by the officers or agents who have signed below on their behalf. In fitness Where f, this Agreement has been executed by the parties to be effective this the / Gl , day of 2002. CITY OF DENTON By: ' �}ccC MIC L CONDUFF, CITYMANArlyER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. UTY, Y ATTORNEY BY: G` UNIVERSITY OF NORTH TEXAS BY: FREDERICK R. POLE, VICE PRESIDENT FOR ADMINISTRATIVE SERVICES APPROVED AS TO FORM BY: OU\Z C�„a \- a SACONTRAC RAdministrative ContracuGStudentRecCenteAUNT Interlocal Agreement-020602clean.docS:AE.'(.),NT t\k—L;AElnti*ititratwe (=H1ltryl'f+kittlflYHk�rY1:�:t'Hlc`I��-{f�^�-}rtf('FIRE'i1�7k�fL'NHIt'Ht�)��t���iJ-EIHt Page 2 : EXHIBIT A CHESTNUT STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 3,366 SQUARE FEET PROPERTY DESCRIPTION BEING a 3,366 square foot tract of land situated in the existing 50' right of way of Chestnut Street, as dedicated to the City of Denton in College Addition, on Addition to the City of Denton, as recorded by plat in Volume 44, Page 600, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod set for corner at the northeast corner of Block 43 of said Addition, said corner also being at the intersection of the south line of said Chestnut Street with the most westerly northwest corner of Avenue D as abandoned by City Ordinance No. 76-47; THENCE S89 51'20"W, along said south line, a distance of 206.13 feet to a 5/8" iron rod set for corner at the beginning of a curve to the left having a central angle of 20'57'47", a radius of 279.32 feet and a chord bearing and distance of N79'12'55"E, 101.63 feet; THENCE departing said south line and along said curve to the left an orc distance of 102.20 feet to a p.k, nail set for corner; THENCE N89'51'20"E, parallel to said south line, a distance of 186.30 feet to a 5/8" iron rod set for corner at the intersection of said south line with the northwest corner of Block 37 of the aforementioned College Addition; THENCE S76'39'46"W, along said south line and along a north line, of the aforementioned Avenue D abandonment, a distance of 82.22 feet to the POINT OF BEGINNING and containing 3,365 square feet of land, more or less. BASIS OF BEARINGS: The basis of bearings shown hereon is the south line of Chestnut Street, S89'51'20"W, as shown on the Denton City Ordinance No. 76-47 recorded in Volume 4942, Pg. 2416, Deed Records, Denton County, Texas. J ,I R. P13UR,1. !R. q 3689 ' Q BROCKETTE DAVIS DRAKE inc. &�� �... o=:>consulting engineers � s Civil & Structural Engineering Surveying 4144 Central Expwy.,Suite 1100 Dolias,Texas 75204 (214)824-3647 Job No. C01015.401 January, 2002 Sheet 1 of 2 ; EXHIBIT B CHESTNUT STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION e 3,366 SQUARE FEET SCALE 1=$0a � o � �3 Z o L�G� > � so' Right of way CHESTNUT STREET 80 ' R. 0. W. CHESTNUT N 89•51 '20" E 186.30' STREET ' P 0 B g 46.,W 518"IRS , S 89' '20" W 206. 13' 57 82.99 A = 20'5747" R = 279.32' R. O. w. In = 102. 20' Abandoned CB= N 79'12'55" E by Ordrn on c el Ch = 101. 63' No. 76— 4 7 V. 4942, P. 24 J� 1 R. PIBURN, JR. L: ��9 3689 Q• C3 8ROCKETTE DAMS DRAKE inc. ooconsulting engineers Civil & Structural Engineering Surveying 4144 Centrol Expwy.,Suite 1100 Dollos,Texas 75204 (214)824-3647 Job No. C01015.401 January, 2002 Sheet 2 of 2 EXHIBIT C EDWARDS STREET ABANDONMENT BLOCK 43, COLLEGE ADDITION 26,988 SQUARE FEET PROPERTY DESCRIPTION BEING a 26,988 square foot tract of land situated in the E. Pucholski Survey, Abstract No. 996, in the City and County of Denton, State of Texas, and being a port of Block 43, College Addition, and being more particularly described as follows: BEGINNING at a 3/8" iron rod found for corner in the south line of Edwards Street (45' R.O.W.) at its intersection with the west line of Avenue D (80' R.O.W.) as shown on the Map of said College Addition; THENCE N8955'52"W, along said south line of Edwards Street, a distance of 599.73 feet to o 5/8" iron rod set for corner at the intersection of said south line with the east line of Avenue E (50' R.O.W.); THENCE N00'08'18"E, departing said south line and along said east line of Avenue E, a distance of 45.00 feet to a 5/8" iron rod set for corner at the intersection of said east line with the north line of said Edwards Street; THENCE S8955'52"E, deporting said east line and along the said north line of Edwards Street, a distance of 599.73 feet to a 5/8" iron rod set for corner in the afore— mentioned west line of Avenue D; THENCE S00'08'18"W, deporting said north line and along the said west line of Avenue D, a distance of 45.00 feet to the POINT OF BEGINNING and containing 26,988 square feet or 0.6196 acres of land, more or less. BASIS OF BEARINGS: The basis of bearings shown hereon is the south line of Edwards Street, N89'55'52"W, as shown on the Warranty Deed recorded in Volume 2049, Page 396, Deed Records, Denton County, Texas. ST' ;BJRti. JR• ............... ^89 v,0�. C� BROCKETTE DAVIS DRAKE inc. ,�; ooconsulting engineers suKs Civil & Structural Engineering Surveying 4144 Central Expwy.,Suite 1100 Dollos,Texas 75204 (214)824-3647 Job No. C01015.401 October, 2001 Sheet 1 of 2 EXHIBIT D m ED WARDS STREET ABANDONMENT SCALE 1^'=100 BLOCK 43, COLLEGE ADDITION 26,988 SQUARE FEET 'X"FOUND AVENUE E 50.0' 50' R.0.W 5/8'?RS 5/8"1RS N 00'08'18" E 45.00' p , t 0 D P 3 p � LC L p K 4 � 3 C D p C K w to LU n ^ w w of N oC cn U o 3 cn 3 w w o o � cn a L0 0 c� Z � p * 0 0 LI) z Q cn c _ � U U 0 v7 w POINT OF BEGINNING 26,988 SQUARE FEET STREET ABANDONMENT S 00'08'18" W 45.0 �V� 1 3/8"IRE 5/8"IRS 3/8"IRF i N �.. ........ A V E N U E D ,. HN s .. 80' R.O.w °p 3oS9 A 4 U Q BROCKETTE DAVIS DRAKE inc. ooconsulting engineers Civil & Structural Engineering Surveying 4144 Central Expwy..Suite 1100 Dallos,Texas 75204 (214)824-3647 Job No. C01015.401 October, 2001 Sheet 2 of 2 EXHIBIT E County: Denton Page 1 of 2 Parcel 5 D-15- Eagle Drive April 10, 2001 Project Limits: From Avenue"A"to I.O.O.F Street CSJ: 918-46 Legal Land Description for Parcel 5 Being a 0.05141 hectare (0,1270 acre] tract of land situated in the E. Puchalski Survey,Abstract Number 996,Denton County,Texas,and being portions of tracts of Iand described in the deeds to the State of Texas recorded in Volume 583,Page 73, Volume 592,Page 702,Volume 2473, Page 152, and in Volume 540, Page 215, Deed Records, Denton County,Texas,being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of said State of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County,Texas; THENCE S 00004'17"W with the west line of said State of Texas tract a distance of 41.743 meters (136.92 feet] to a 15.875mm iron rod with yellow cap stamped"Dunaway &Assoc. Inc" set(hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING; (1) THENCE S 88°36'48"E leaving the west line of said State of Texas tract as recorded in Volume 583, Page 73, a distance of 2.931 meters [9.62 feet] to a 15.875mm iron rod set; (2) THENCE S 89°59'19"E a distance of 16.664 meters 154.67 feet] to a 15.875mm iron rod set; (3) THENCE S 88°36'48"E a distance of 24.939 meters [81.99 feet] to a 15.875mm iron rod set; (4) THENCE S 89°00'53"E a distance of 31.535 meters [103.46 feet] to a 15.875mm iron rod set in the east line of said State of Texas tract as recorded in Volume 540, Page 215, Deed Records,Denton County,Texas,said iron rod also being in the west line of the tract described in deed to Glynn C. Morris & Katherine Morris and recorded in county clerk's file number 94-R0012706, Deed Records, Denton County,Texas; (5) THENCE S 00021'48"E with the east line of last said State of Texas tract and the west line of said Morris tract a distance of 6.910 meters [22.67 feet] to an "X" cut set in concrete in the north right-of-way line of Eagle Drive (variable width right-of-way); (6) THENCE N 89°57'38"W leaving the east line of last said State of Texas tract and with the north right-of-way line of Eagle Drive a distance of 60.961 meters [200.00 feet] to the southwest corner of said State of Texas tract as recorded in Volume 592, Page 702, Deed Records, Denton County,Texas; I:\.Survey12000\20000901PARCEL5Igl.doc Page 1 of 2 EXHIBIT E County: Denton Page 2 of 2 Parcel 5 D-15- Eagle Drive April 10,2001 Project Limits: From Avenue"A' to I.O.O.F Street CSJ:918-46 (7) THENCE N 00°21'48"W with the west line of last said State of Texas tract a distance of 4.094 meters [13.43 feet] to a 15.875mm iron rod set at the southeast corner of said State of Texas tract as recorded in Volume 583,Page 73, Deed Records, Denton County, Texas; (8) THENCE N 89°55'43"W with the south line of last said State of Texas tract a distance of 15.169 meters [49.77 feet] to a 15.875mm iron rod set at the southwest corner of last said State of Texas tract,said iron rod also being the southeast comer of that tract of land as described in deed to Charles L. Johnson and wife Mary Anne Johnson as recorded in Volume 535, Page 549, Deed Records, Denton County,Texas; (9) THENCE N 00°04'17"E with the west line of last said State of Texas tract and the east line of said Johnson tract a distance of 3.976 meters [13.04 feet] to the POINT OF BEGINNING and containing 0.05141 hectares [0.1270 acres] of land NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE,NAD83 DATUM. CONTROL MONUMENT: NGS Monument AB2789 DTO D—NOS disk stamped "DTO B 1979"set in a concrete post flush with the ground located near the center of Denton City Airport south of the center taxiway A plat of even survey date herewith accompanies this legal description. N. Co rdle : ............ Lo.N2026 ............ Dunaway ::.. Associates, Inc. <' 2V2u� ;-Q SUM, I:1Survey\2000120000901PARCELSIgl.doe Page 2 of 2 ` EXHIBIT F PARCEL 5 _ LOT LINE Z tz ,—, CHARLES L. JOHNSON 4 0 o & WIFE 0 • v m MARY ANNE JOHNSON LOT 10 o A N DEED `.° VOL. 535, PG. 549 x r' D.R.D.C.T. z u N 12.700mm IRON ROD +n c FOUND w to S00M4'17'W 41.743m !- '� Z [136,921 a co STATE OF TEXAS DEED w VOL. 583, PG. 73 ? <O s D.R.D.C.T. `!m 3 91 D z u CID � LOT 1 i STATE OF TEXAS $ . DEED -3$ FTI -VOL. 592, PG. 702 .< 13.741m � � D.R.D.C.T. O (45.08'] W 0 CD c, w t7 z � x � ,r, BLOCK 7 STATE OF TEXASvi z < � CC A DEED rrI z .f.4 CD COLLEGE ADDITION z t VOL. 44, PG. 600 VOL. 2473, PG. 152 P.R.D.C.T. D.R.D.C.T. o � - co 3 z 4 < r, CO `� �GQFT C- LOT 12 �` `" : rn I STATE OF TEXAS .JOHN N. CORULE L o w o ..,....2........ ..I V Ln DEED20 u :EVOL. 540, PG. 215 ��SUR*4 / 1 D.R.D.C.T. / Z O f ` W. S ._. - GLYNN C. MIORRIS & KATHERINE E. MORRIS S oo71'as a 6.stOm DEED J22.67'] 94-R0012706 LOT 13 D.R.D.C.T. EXHIBIT SHOWING A 0.05141 ha [0.1270 ac.] NOTE: ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY TRACT OF LAND 0-15.875 mm IRON ROD SET UNLESS OTHERVASE NOTED. IN THE E. PUCHALSKI SURVEY NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE ABSTRACT NO. 996 COORDINATE SYSTEM NORTH CENTRAL ZONE. NAD83 DATUM. DENTON, DENTON COUNTY, TEXAS April 10, 2001 EXHIBIT G County: Denton Page 1 of 2 Parcel 1 D-15- Eagle Drive March 13,2001 Project Limits: From Avenue "A"to I.O.O.F Street CSJ: 918-46 Legal Land Description for Parcel 1 Being a 0.00878 hectare [0.0217 acre] tract of land situated in the E. Puchalski Survey, Abstract Number 996, Denton County, Texas, and being part of a tract of land described in deed to the State of Texas, recorded in Volume 549, Page 652, Deed Records, Denton County,Texas, part of a 0.1284 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0062108 and part of a 0.0425 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0064440, Real Property Records, Denton County,Texas,being more particularly described by metes and bounds as follows: COMMENCING at a 12.700mm iron rod found at the northeast corner of said 0.0425 acre tract, said iron rod being the northeast corner of Lot 4R, Block 21, College Addition,an addition to the City of Denton as recorded in Cabinet F, Slide 107, Plat Records, Denton County, Texas and being in the west right-of-way line of Central Avenue (15.240 meters [50 feet] in width); THENCE S 01004'09" E with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said west right-of-way line a distance of 18.192 meters [59.68 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc"set (hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING; (1) THENCE S 01°04'09" E continuing with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said nest right-of-way line a distance of 9.984 meters [32.75 feet] to a 15.875mm iron rod set at the southeast corner of said 0.0425 acre tract, and the southeast corner of said Lot 4R, said iron rod also being the point of intersection of the west right-of-way line of Central Avenue and the north right of way line of Eagle Drive (a variable width right-of-way); (2) THENCE N 89°53'30" W leaving the east line of said Lot 411 and along the south lines of the aforementioned 0.0425 acre tract, the 0.1284 acre tract and the Volume 549, Page 652 tract, and the north right-of-way line of Eagle Drive a distance of 44.163 meters [144.89 feet] to a 15.875mm iron rod set; (3) THENCE N 01°13'12" W leaving the north line of Eagle Drive a distance of 0.698 meters [2.29 feet] to a 15.875mm iron rod set; (4) THENCE N 88°44'49" E a distance of 35.935 meters [117.90 feet] to a 15.875mm iron rod set; (5) THENCE N 43°46'48" E a distance of 11.656 meters [38.24 feet] to the POINT OF BEGINNING and containing 0.00878 hectares [0.0217 acres] of land. I:\Survey\2000\2000090\PARCEL1IgI.doc Page 1 of 2 • s EXHIBIT G County: Denton Page 2 of 2 Parcel 1 D-15- Eagle Drive March 13,2001 Project Limits: From Avenue"A"to I.O.O.F Street CSJ: 918-46 NOTE: BEARINGS ARE BASED ON THE TEXAS STATE.PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE,NAD83 DATUM. CONTROL MONUMENT: NGS Monument AB2789 DTO D -• NOS disk stamped "DTO B 1979" set in a concrete post flush with the ground located near the center of Denton City Airport south of the center taxiway. A plat of even survey date herewith accompanies this legal description. I U MCP_'.•�_..s�:,?�'.��1 I,,E —PY r Joh N. Cordle ..................:... �A •v' 1�.4�� f RP No. 2026 ::.? .�.. ... .. ;-• ,:1 unaway Associates, Inc. <y':L��J`r;' •C f?/� I:1Survey1200012000090\PARCELllgl.doc Page 2 of 2 EXHIBIT H PARCEL 1 NOTE: ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY 0-15.875 mm IRON ROO SET UNLESS OTHERWISE NOTED. NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM. CITY OF DENTON U k,z S� O�j STATE OF TEXAS & W O ELO K 21 (0.0425 ACRES) 0.0 z COLLEGE ADDr,i. 96-ROO64440 L u C A& F. PG. 10" LOT 3? D.R.D.C.T. LiF.F..O.C.T. 12.700rnrIRCK rk R00 N Q 11.049m �y STATE OF TEXASi �'U DEED - 0 z Q G (0.1284 ACRES) L_ STATE OF TEXAS 96-R0062108 10 - - z fY W DEED D.R.D.C.T. �' C.)VOL. 549. PG. 652 `�$ O W D.R.D.C.T. .; L•r s� p L4=4 I N LL.! N 43'46'48' E 11.658m E [38.24'] N 01i3,12* W 0.6 8m w to [2.29'] N 88'44'49' E '35.935m 117.90� j n 4 on N 89'53'30' W 44.163m [144.89') pu 0 nou , cv n co _ n�co i r�C T \ •FT 4� G,�•`e:���Sc`,•ynCV t". CORDLE Y! GRAPHIC SCALE � ''o�s R` ( IN METERS ) 10 0 5 10 20 30 1 : 500 EXHIBIT SHOWING A 0.00878 ha [0.0217 ac.] ( 114 FEET TRACT OF LAND IN THE E. PUCHALSKI SURVEY ABSTRACT NO. 996 a 20 0 40 eu DENTON, DENTON COUNTY, TEXAS I.IOrch 13, 2001 EXHIBIT I 7,956 SQ. FT. DEDICATION BLOCK 43, COLLEGE ADDITION PROPERTY DESCRIPTION BEING a 7,956 square foot tract of land in Block 43 of the College Addition, an Addition to the City of Denton, Texas, as recorded by plot in Volume 44, Page 600, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 3/8" iron rod found for corner at the intersection of the north line of Chestnut Street (50' R.O.W.) with the west line of Avenue D (80' R.O.W.) as shown by the plat of said College Addition; THENCE S89'51'20"W, along said north line, a distance of 599.74 feet to a 5/8" iron rod set for corner at the intersection of said north line with the east line of Avenue E (50' R.0.W.); THENCE N00'00'30"W, deporting said north line and along said east line, a distance of 8.00 feet to a 5/8" iron rod set for corner; THENCE N8951'20"E, deporting said east line and parallel to said north line, a distance of 394.10 feet to a 5/8" iron rod set for corner at the beginning of a curve to the left having a central angle of 18'16'02 a radius of 221.32 feet and a chord bearing and distance of N8057'50"E, 70.26 feet; THENCE along said curve to the left on arc distance of 70.56 feet to a 5/8" iron rod set for corner at the beginning of a reverse curve to the right having a central angle of 17"43'16", a radius of 278.68 feet and a chord bearing and distance of N80'57'50"E, 85.85 feet; THENCE along said reverse curve to the right on orc distance of 86.19 feet to a 5/8" iron rod set for corner; THENCE N895 2 'E, parallel to the obovementioned north line of Chestnut Street, a distance of 51. feet to a 5/8" iron rod set for corner in the aforementioned west line of Avenue D; THENCE S00'00'30"E, along said west line, a distance of 32.01 feet to the POINT OF BEGINNING and containing 7,956 square feet of land, more or less. BASIS OF BEARINGS: The basis of beorings shown hereon is the south line of Chestnut Street, S89 51'20"W, as shown on the Denton City Ordinance No. 76-47 recorded in Volume 4942, Pg. 41 Deed Records, Denton County, Texas. w r� 4 JOHN R. PIBUil, J,Z is � � 3689 #cm Q BROCKETTE DAVIS DRAKE inc. 9 °k6ss1r�'-�°r` ==consulting engineers � sua��` Civil & Structural Engineering Surveying _ 4144 Central Expwy..Suite 1100 Dcllos,Texas 75204 (214)824--3647 Job No. C01015.401 January, 2002 Sheet 1 of 2 EXHIBIT J lrw� ® 7,956 SQ. FT. DEDICATION SCALE 7"=100 BLOCK 43, COLLEGE ADDITION N 00 00'30' IN S.00' AVENUE E 5/8"IRS 50' R.Q.W. 5/8"IRS C � K 4 , �oG C 0 B 0 C 0 v o+ n � w e; lay w x w m }- U OC z 3 a v� L ca n 5/8"IRS < A = 18'16'02' Z o R = 221.32' ' L - 70.56' CS= N 80'57'50" Ln 5/8"7RS Ch = 70.26' w w = A 17*43*16' R = 2 78.68' PAINT OF BEGINNING U L .. 86.19' 7,956 SQUARE FEET Ch= N 80 5 7'So E Ch = 85.85' STREET DEDICATION 5/8'tRs N 89-59 E 51.46' 5/8"IR S 3/8"IRF 3/8"IRF s 00ro0'30- E 32.01' AVENUE D 80' R.0.W. �• Fl3t1R,y,JR. C3 BROCKETTE DAVIS DRAKE inc. ooconsulting engineers Civil & Structural Engineering Surveying Y' 4144 Central Expwy.,Suite 1100 Dollos,Texos 75204 (214)824-3647 Job No. C01015.401 January, 2002 Sheet 2 of 2 E MBIT K PAGE 1 of 10 STREET RIGHT-OF-WAY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT the University of North Texas whether one or more, hereinafter called "Grantor," 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 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, SALE and CONVEY unto the Grantee all of those certain tracts or parcels of land containing collectively approximately 0.3313 acres of land, situated in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" illustrated in Exhibit `B", described in Exhibit "C" illustrated in Exhibit "D", and described in Exhibit "E" illustrated in Exhibit "F", all 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 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, but as a restriction as to the permitted use of the Property. Grantor hereby acknowledges that it has received full compensation for the property interests conveyed to Grantee hereunder, including without limitation, full compensation for 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 the extent allowed by law, to 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. SACONTRACTAdministrative Contracts-\StudentRecCenter\Street ROW Donation Deed Example• I 020602CIean.docS�E 4>?�F1 4F r }�+r+r�it FmHt ( +n aefrl?itrr�lerrt}fee erker tilrcet i�HVw F�offa4ifmi Deed-F%mjk,�n,, «.2060 .d EMIIBIT K PAGE 2 OF 10 SIGNED this day of , 2002. The University of North Texas By: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me this day of 2002, by the of the University of North Texas on behalf of said governmental entity. Notary Public, State of Texas Print Name: My commission expires Page 2 EXHIBIT K PAGE 3 OF 10 EXHIBIT A County: Denton Page 1 of 2 Parcel 5 D-15- Eagle Drive April 10,2001 Project Limits: From Avenue"A" to I.O.O.F Street CSJ: 918-46 Legal Land Description for Parcel 5 Being a 0.05141 hectare [0.1270 acre] tract of land situated in the E. Puchalski Survey,Abstract Number 996,Denton County,Texas,and being portions of tracts of land described in the deeds to the State of Texas recorded in Volume 583, Page 73,Volume 592, Page 702,Volume 2473, Page 152, and in Volume 540,Page 215, Deed Records, Denton County,Texas,being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of said State of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County,Texas; THENCE S 00"04'17"W with the west line of said State of Texas tract a distance of 41.743 meters [136.92 feet] to a 15.875mm iron rod with yellow cap stamped"Dunaway & Assoc. Inc" set (hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING; (1) THENCE S 88°36'48" E leaving the west line of said State of Texas tract as recorded in Volume 583, Page 73,a distance of 2.931 meters [9.62 feet] to a 15.875mm iron rod set; (2) THENCE S 89°59'19" E a distance of 16.664 meters [54.67 feet] to a 15.875mm iron rod set; (3) THENCE S 88°36'48"E a distance of 24.989 meters [81.99 feet] to a 15.875mm iron rod set; (4) THENCE S 89°00'53" E a distance of 31.535 meters (103.46 feet] to a 15.875mm iron rod set in the east line of said State of Texas tract as recorded in Volume 540, Page 215, Deed Records, Denton County,Texas,said iron rod also being in the west line of the tract described in deed to Glynn C. Morris & Katherine Morris and recorded in county clerk's file number 94-R0012706, Deed Records, Denton County,Texas; (5) THENCE S 00°21'48" E with the east line of last said State of Texas tract and the west line of said Morris tract a distance of 6.910 meters [22.67 feet] to an "X" cut set in concrete in the north right-of-way line of Eagle Drive (variable width right-of-way); (6) THENCE N 89°57'38"W leaving the east line of last said State of Texas tract and with the north right-of-way line of Eagle Drive a distance of 60.961 meters (200.00 feet] to the southwest corner of said State of Texas tract as recorded in Volume 592, Page 702, Deed Records, Denton County,Texas; I:1Survey12000\2000090\PARCEI5Igl.doc Page 1 of 2 EXHIBIT K PAGE 4 OF 10 EXHIBIT"A" County: Denton Page 2 of 2 Parcel 5 D-15- Eagle Drive April 10,2001 Project Limits: From Avenue"A' to I.O.O.F Street CSJ: 918-46 (7) THENCE N 00021'48"W with the west line of last said State of Texas tract a distance of 4.094 meters [13.43 feet] to a 15.875mm iron rod set at the southeast corner of said State of Texas tract as recorded in Volume 583,Page 73,Deed Records,Denton County, Texas; (8) THENCE N 89°55'43" W with the south line of Iast said State of Texas tract a distance of 15.169 meters [49.77 feet] to a 15.875mm iron rod set at the southwest corner of last said State of Texas tract,said iron rod also being the southeast corner of that tract of land as described in deed to Charles L. Johnson and wife Mary Anne Johnson as recorded in Volume 535, Page 549, Deed Records, Denton County,Texas; (9) THENCE N 00°04'17"E with the west line of last said State of Texas tract and the east line of said Johnson tract a distance of 3.976 meters (13.04 feet) to the POINT OF BEGININTING and containing 0.05141 hectares [0.1270 acres] of land NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE,NAD83 DATUM. CONTROL MONUMENT: NGS Monument AB2789 DTO D—NOS disk stamped "DTO B 1979"set in a concrete post flush with the ground located near the center of Denton City Airport south of the center taxiway , A plat of even survey date herewith accompanies this legat description. J n N. Cordle """' ' ' `••� PLS No. 2026 Q ..iGHt�t Dunaway Associates, Inc. <'•:s,K26 9ti0 ::;ss '•'O SUR�/> -r I:\Survey\2000\2000090\PARCELSIgl.doc Page 2 of 2 EXHIBIT B EXHIBIT K PARCEL 5 PAGE 5 OF 10 LOT LINE z m f" CHARLES L. JOHNSON s co n o w & WIFE 0 0-0 CA z z �'_m MARY ANNE JOHNSON LOT 10 DEED 5! `•° ': to VOL. 535, PG. 549 t4 c� D.R.D.C.T. x 12700rum IRON ROD _.- FOUND11D 0 t�0 S00-04'17•W 41.7Q n 2 z a co STATE OF TEXAS DEED V N � � VOL. 583, PG. 73 D.R.D.C.T. FrI rn D z u � LOT 11 STATE OF TEXAS o 3 DEED s ►� �'� �, VOL, 592, PG. 702 13.741m co m D.R.D.C.T. o [45.08'] w BC-9C u� rn co x c to a co m BLOCK STATE OF TEXAS < � DEEDFq o C) .CA coLLECE ADDITIQN VOL. 2473, PG. 152 z v: VOL. 44, PG. 600 :EP.R.D.C.T. D.R.D.C.T. 0co .� D 1D r•i f ,c c:F r fi o u LOT 12 ......:: ........ 'A `J ct m o STATE OF TEXAS .JoW� ;4.CORt_1�E ["• DEED <y•:S�?ss, ::oc I� N VOL, 540, PG. 215 suRN� �` '► x D.R.D.C.T. o rn CD CD c�i1 o r r 5 00'21'48` E 6.91Om GLYNN C. MORRIS & KATHERINE E. MORRIS t-ri $ (22.6T] DEED 94—ROO12706 LOT 13 D.R.D.C.T. EXHIBIT SHO MNG NOTE: ENCLISH UNITS ARE PROVIDEDA 0.05141 ha [0.1270 ac.1 FOR INFORMATION ONLY TRACT OF LAND 0-15.875 mm IRON ROD SET UNLESS OTHERWISE NOTED. IN THE E. PUCHALSKI SURVEY NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE ABSTRACT NO. 996 COORDINATE SYSTEM NORTH CENTRAL ZONE. NAD83 DATUM. DENTON, DENTON COUNTY, TEXAS April 10, 2001 EXHIBIT K PAGE 6 OF 10 EXHIBIT C County: Denton Page 1 of 2 Parcel 1 D-15- Eagle Drive March 13, 2001 Project Limits: From Avenue"A"to I.O.O.F Street CSJ: 918-46 Legal Land Description for Parcel 1 Being a 0.00878 hectare [0.0217 acre] tract of land situated in the E. Puchalski Survey, Abstract Number 996, Denton County, Texas, and being part of a tract of land described in deed to the State of Texas, recorded in Volume 549, Page 652,Deed Records, Denton County,Texas, part of a 0.1284 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0062108 and part of a 0.0425 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0064440, Real Property Records, Denton County,Texas, being more particularly described by metes and bounds as follows: COMMENCING at a 12.700mm iron rod found at the northeast corner of said 0.0425 acre tract, said iron rod being the northeast corner of Lot 4R,Block 21, College Addition, an addition to the City of Denton as recorded in Cabinet F, Slide 107, Plat Records, Denton County, Texas and being in the west right-of-way line of Central Avenue (15.240 meters [50 feet] in width); THENCE S 01°04'09" E with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said west right-of-way line a distance of 18.192 meters [59.68 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc"set(hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING; (1) THENCE S 01°04'09" E continuing with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said west right-of-way line a distance of 9.9S4 meters [32.75 feet] to a 15.875mm iron rod set at the southeast corner of said 0.0425 acre tract, and the southeast corner of said Lot 4R, said iron rod also being the point of intersection of the west right-of-way line of Central Avenue and the north right of way line of Eagle Drive (a variable width right-of-way); (2) THENCE N 89°53'30" W leaving the cast line of said Lot 4R and along the south lines of the aforementioned 0.0425 acre tract, the 0.12S4 acre tract and the Volume 549, Page 652 tract, and the north right-of-way line of Eagle Drive a distance of 44.163 meters [144.89 feet] to a 15.875mm iron rod set; (3) THENCE N 01°13'12" W leaving the north line of Eagle Drive a distance of 0.69S meters [2.29 feet] to a 15.875mm iron rod set; (4) THENCE N 88°44'49" E a distance of 35.935 meters [117.90 feet] to a 15.875mm iron rod set; (5) THENCE N 43°46'48" E a distance of 11.656 meters 138.24 feet] to the POINT OF BEGINNING and containing 0.00878 hectares [0.0217 acres] of land. I:\Survey\2000\2000090\PARCELllgl.doc Page 1 of 2 EXHIBIT K PAGE 7 OF 10 EXHIBIT C County: Denton Page 2 of 2 Parcel 1 D-15- Eagle Drive March 13,2001 Project Limits: From Avenue"A" to I.O.O.F Street CSJ: 918-46 NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE,NAD83 DATUM. CONTROL MONUMENT: NGS Monument AB2789 DTO D — NOS disk stamped `'DTO B 1979"set in a concrete post flush with the ground located near the center of Denton City Airport south of the center taxiway. A plat of even survey date herewith accompanies this legal description. Joh N. Cordle ..: ............ I wNo. 2026 . -. .._ ,....... � na�•ay Associates, Inc. , \ <�•` ,"- '����I SUR`l 1:lSurvey12000120000901PARCELllgl.doc Page 2 of 2 EXHIBIT D EXHIBIT K PARCEL 1 PAGE 8 OF 10 NOTE: ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY p=13.875 mm IRON ROO SET UNLESS OTHERWISE NOTED. NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM. CITY OF DENTON u..z OU STATE OF TEXAS g W CLOCK2t (0.0425 ACRES} 6 G.0 z COLLEGE A3Qh. 96-ROO64440 Z U CAB. F. PC. 10' LOT 3' D.R.D.C.T. E LLJ 12.70(knm IRON RCO F.F..D.C.T, C FOUND 11.049m �I STATE OF TEXAS I a �U —J OEED 0 Z (0.1284 ACRES) ^co STATE OF TEXAS 96-ROO62108 a E'ZDEED ; r� VOL. 549, PG. 652 $ O W C D.R.D.C.T. � N � i N 43-46*48' E 11.656m E i [38.24'] r c'+ Cl N 01'13'12' W 0.6 8m w r- [2.29'] N 8844'49* E °35.935m 117.90' I r on N 89'53'30' W 4-4.163m [144.89'] p W 0 (A %n o 0 ep U tj P,eOr 7F GRAPHIC SCALE °sii `� t� t7 ( IN METERS 10 0 5 10 20 30 1 : 500 EXHIBIT SHOWING A 0.00878 ha [0.0217 ac.] ( IN } TRACT OF LAND IN THE E. PUCHALSKI SURVEY ABSTRACT NO. 996 b 20 0 40 CG DENTON, DENTON COUNTY, TEXAS March 13, 2001 EXHIBIT E 71956 SQ. FT. DEDICATION EXHIBIT K BLOCK 43, COLLEGEADDITION PAGE 9 of 10 PROPERTY DESCRIPTION BEING a 7,956 square foot tract of land in Block 43 of the College Addition, on Addition to the City of Denton, Texas, as recorded by plot in Volume 44, Page 600, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 3/8" iron rod found for corner at the intersection of the north line of Chestnut Street (50' R.O.W.) with the west line of Avenue D (80' R.O.W.) os shown by the plot of said College Addition; THENCE S89'51'20"W, along said north line, a distance of 599.74 feet to a 5/8" iron rod set for corner at the intersection of said north line with the east line of Avenue E (50' R.O.W.); THENCE N00'00'30"W, deporting said north line and along said east line, a distance of 8.00 feet to a 5/8" iron rod set for corner; THENCE N89 51'20"E, deporting said east line and parallel to said north line, a distance of 394.10 feet to a 5/8" iron rod set for corner at the beginning of a curve to the left having a central angle of 18'16'02 a radius of 221.32 feet and a chord beoring and distance of N80 57'50"E, 70.26 feet; THENCE along said curve to the left an arc distance of 70.56 feet to a 5/8" iron rod set for corner at the beginning of a reverse curve to the right having a central angle of 17'43'16", a radius of 278.68 feet and a chord bearing and distance of N80 57'50"E, 85.85 feet; THENCE along said reverse curve to the right on arc distance of 86.19 feet to a 5/8" iron rod set for corner; THENCE N895 2 'E, parallel to the obovementioned north line of Chestnut Street, 'a distance of 51 feet to a 5/8" iron rod set for corner in the aforementioned west line of Avenue D; THENCE S00'00'30"E, along sold west line, a distance of 32.01 feet to the POINT OF BEGINNING and containing 7,956 square feet of land, more or less. BASIS OF BEARINGS: The basis of bearings shown hereon is the south line of Chestnut Street, 58951'20"W, as shown on the Denton City Ordinance No. 76-47 recorded in Volume 4942, Pg. 41 Deed Records, Denton County, Texas. W o,^C; oocoKnsulti ETTE g DAVIS eAers Inc 9y *S SRv�c.'��r.- u Civil & Structural Engineering Surveying 4144 Central Expwy.,Suite 1100 Dolios,Texas 75204 (214)824-3647 Job No. C01015.401 January, 2002 Sheet 1 of 2 EXHIBIT F EXHIBIT K 71956 SQ. FT DEDICATION PAGE 10 OF 10 SCALE T~�:100 BLOCK 43, COLLEGE ADDITION N 001)0'30' w 8.00' AVENUE E 5/8-IRS 50' R.O.W. 5/8"IRS D1 � 10 � 0 +- �' � OGK �0 G 8 � g 0 a o� w F- LU w :n �c w 3 00 F-- v rYo z N v7 OD N m � a I— ce 5/8"IRS A = 18'16'02' , Z,o R = 221.32' L = 70.56' CB= N 80's7'50' p N 5/8"IRS Ch = 70.26' w w = A = 17'43'16" R = 278.68' POINT OF BEGINNING U L a 86.19' 7,956 SOUARE FEET CB= N 80'57'50 E Ch = 85.85' STREET DEDICATION 5/8"IRS N 89-59� E 51.46' 5/8"1RS 3/8"IRF 3/8 IRE S 00'00'30' E 32.07' AVENUE D 80' R.O.W. ., Fl3URIY,JR. D .-1 F . 3 �u9 C3 BROCKETTE DAVIS DRAKE inc. >;�� ,•o =oconsulting engineers 4��,�,' Civil & Structurol Engineering Surveying 4144 Centrol Expwy.,Suite 1100 Dallos,Texos 75204 (214)824--3647 Job No. C01015.401 Jonuory, 2002 Sheet 2 of 2 STREET RIGHT-OF-WAY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT the University of North Texas whether one or more, hereinafter called "Grantor," 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 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, SALE and CONVEY unto the Grantee all of those certain tracts or parcels of land containing collectively approximately 0.3313 acres of land, situated in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" illustrated in Exhibit "B", described in Exhibit "C" illustrated in Exhibit "D", and described in Exhibit "E" illustrated in Exhibit "F", all 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 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, but as a restriction as to the permitted use of the Property. Grantor hereby acknowledges that it has received full compensation for the property interests conveyed to Grantee hereunder, including without limitation, full compensation for 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 the extent allowed by law, to 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. SACONTRAC71Administrative Con tracts\StudentRecCenteAStreet ROW Donation Deed Example- Q20602c1ean.docti ikti�i �f��r1<)jrzi+t+4tt,efwrF.�ttt h:L?+ttu#etttltof-erttemWiek-t_ii(')W_-P)mnki _ )(A);A.10 re ruvx SIGNED this day of , 2002. The University of North Texas By. 7�, e ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § T 's inst�,ment fwas acknowledged before me this L , day of �t°��� r 2002, by h+I U��° >E( , the VP for Fi#14axe I- of the University of North Texas on behalf of said governmental entity. &gl� kw.56 ,e;*.►p;;4, RACHEL L.WHITE Notary Public.State of Texas Notary Public, State of Texas My Commission Expires Print Name: June OB,2005 My commission expires e�~ 6 Page 2 EXHIBIT A County: Denton Page 1 of 2 Parcel 5 D-15- Eagle Drive April 10, 2001 Project Limits: From Avenue"A"to I.O.O.F Street CSJ: 918-46 Legal Land Description for Parcel 5 Being a 0.05141 hectare [0.1270 acre] tract of land situated in the E. Puchalski Survey,Abstract Number 996,Denton County,Texas,and being portions of tracts of land described in the deeds to the State of Texas recorded in Volume 583, Page 73,Volume 592, Page 702,Volume 2473, Page 152, and in Volume 540, Page 215, Deed Records, Denton County,Texas, being more particularly described by metes and bounds as follows: COMMENCING at the northwest corner of said State of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County,Texas; THENCE S 00004'17"W with the west line of said State of Texas tract a distance of 41.743 meters [136.92 feet] to a 15.875mm iron rod with yellow cap stamped"Dunaway &Assoc. Inc" set(hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING,- (1) THENCE S 88°36'48"E leaving the west line of said State of Texas tract as recorded in Volume 583, Page 73,a distance of 2.931 meters [9.62 feet] to a 15.875mm iron rod set; (2) THENCE S 89°59'19" E a distance of 16.664 meters [54.67 feet] to a 15.875mm iron rod set; (3) THENCE S 88036'48"E a distance of 24.989 meters [81.99 feet] to a 15.875mm iron rod set; (4) THENCE S 89000'53"E a distance of 31.535 meters [103.46 feet] to a 15.875mm iron rod set in the east line of said State of Texas tract as recorded in Volume 540,Page 215, Deed Records, Denton County,Texas, said iron rod also being in the west line of the tract described in deed to Glynn C. Morris & Katherine Morris and recorded in county clerk's file number 94-R0012706, Deed Records, Denton County,Texas; (5) THENCE S 00-21'48" E with the east line of last said State of Texas tract and the west line of said Morris tract a distance of 6.910 meters [22.67 feet] to an"X" cut set in concrete in the north right-of-way line of Eagle Drive (variable width right-of-way); (6) THENCE N 89"57'38"W leaving the east line of last said State of Texas tract and with the north right-of-way line of Eagle Drive a distance of 60.961 meters [200.00 feet] to the southwest corner of said State of Texas tract as recorded in Volume 592, Page 702, Deed Records,Denton County,Texas; I:1Survey12000\20000901PARCELSIgI.doc Page 1 of 2 EXHIBIT"A" County; Denton Page 2 of 2 Parcel 5 D-15- Eagle Drive April 10, 2001 Project Limits: From Avenue 'W' to I.O.O.F Street CSJ: 918-46 (7) THENCE N 00°21'48"W with the west line of last said State of Texas tract a distance of 4.094 meters [13.43 feet] to a 15.875mm iron rod set at the southeast corner of said State of Texas tract as recorded in Volume 583,Page 73, Deed Records, Denton County, Texas; (8) THENCE N 89°55'43"W with the south line of last said State of Texas tract a distance of 15.169 meters [49.77 feet] to a 15.875mm iron rod set at the southwest corner of last said State of Texas tract,said iron rod also being the southeast corner of that tract of land as described in deed to Charles L. Johnson and wife Mary Anne Johnson as recorded in Volume 535, Page 549, Deed Records, Denton County,Texas; (9) THENCE N 00°04'17"E with the west line of last said State of Texas tract and the east line of said Johnson tract a distance of 3.976 meters [13.04 feet] to the POINT OF BEGINNING and containing 0.05141 hectares [0.1270 acres] of land NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE,NAD83 DATUM. CONTROL MONUMENT: NGS Monument AB2789 DTO D—NOS disk stamped "DTO B 1979"set in a concrete post flush with the ground located near the center of Denton City Airport south of the center taxiway A plat of even survey date herewith accompanies this legal description. OF r ? J n N. Cordle •................. i -: .. 4 0F1N N ;:Gr PLS No. 2026 .... .....•....... (,-..,Dunaway Associates, Inc. �9 'S02020 F ss��'•'�Q °Sut3� I:1Survey1200012000090\PARCEL5Igl.doc Page 2 of 2 I EXHIBIT B PARCEL 5 LOT LINE z CHARLES L. JOHNSON a w o & WIFE c A U y N m MARY ANN� JOHNSON LOT 10 0 �+ �� OO VOL. 535, PG. 549CA �► 3 D.R.D.C.T. �0 ur 12.700mm IRON ROO _ - FOUND 0 SOO-04'17•W 41.743m 8d CD CD STATE OF TEXAS LA DEED VOL. 583, PG. 73 � u 4'4 ' D.R.D.C.T. V 01 > H2z 0 w LOT 11 STATE OF TEXAS 0 DEED VOL. 592, PG. 702 13.741m A m o D.R.D.C.T. 145.08'1 w 0 BC-$C u rn m BLOCK 7 STATE OF TEXAS � < co 2 DEED o .m COLLEGE ADDITION VOL. 2473, PG. 152 z VOL. 44, PG. 600 P.R.D.C.T. D.R.D.C.T. .0 0 z � , -at 3 o`er' F r�X::;', z w LOT 12 `'.'•�' = •:' `J ct �' ' STATE OF TEXAS •J�HN J. GOR���� GL% ���..�•zoz��........ 7/ DEED • ;F�ss,;;'• ' , VOL. 540, PG. 215 ��suR�� x x z D.R.D.C.T. { �c o m CJ1 CD r O can � (\ v GLYNN C. MORRIS & KATHERINE E. MORRIS o S 00'21'48" E 6.910m ,. [22.6T} DEED 94-R0012706 LOT 13 D.R.D.C.T. EXHIBIT SHOWING NOTE: ENCLISH UNITS ARE PROVIDED FOR INFORMATION ONLY A 0.05141 ha [0.1270 ac.]TRACT OF LAND 0-15.575 mm IRON ROD SET UNLESS OTHERWISE NOTED. IN THE E. PUCHALSKI SURVEY NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE ABSTRACT NO. 996 COORDINATE SYSTEM NORTH CENTRAL ZONE. NAD83 DATUM. DENTON, DENTON COUNTY, TEXAS April 10, 20D1 EXHIBIT C County: Denton Page 1 of 2 Parcel 1 D-15- Eagle Drive March 13,2001 Project Limits: From Avenue "A"to I.O.O.F Street CSJ: 918-46 Legal Land Description for Parcel 1 Being a 0.00878 hectare [0.0217 acre] tract of land situated in the E. Puchalski Survey, Abstract Number 996, Denton County, Texas, and being part of a tract of land described in deed to the State of Texas, recorded in Volume 549,Page 652, Deed Records, Denton County,Texas, part of a 0.1284 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0062108 and part of a 0.0425 acre tract of land described in deed to the State of Texas, recorded in County Clerk's File Number 96-R0064440, Real Property Records, Denton County,Texas,being more particularly described by metes and bounds as follows: COMMENCING at a 12.700mm iron rod found at the northeast corner of said 0.0425 acre tract, said iron rod being the northeast corner of Lot 4R, Block 21, College Addition, an addition to the City of Denton as recorded in Cabinet F, Slide 107, Plat Records, Denton County, Texas and being in the west right-of-way line of Central Avenue (15.240 meters [50 feet] in width); THENCE S 01004'09" E with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said west right-of-way line a distance of 18.192 meters [59.68 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc"set(hereafter called 15.875mm iron rod set)at the POINT OF BEGINNING; (1) THENCE S 01°04'09" E continuing with the east line of said 0.0425 acre tract, the east line of said Lot 4R, and said west right-of-way line a distance of 9.984 meters [32.75 feet] to a 15.875mm iron rod set at the southeast corner of said 0.0425 acre tract, and the southeast corner of said Lot 4R, said iron rod also being the point of intersection of the west right-of-way line of Central Avenue and the north right of way line of Eagle Drive (a variable width right-of-way); (2) THENCE N 89°53'30" W leaving the east line of said Lot 4R and along the south lines of the aforementioned 0.0425 acre tract, the 0.1284 acre tract and the Volume 549, Page 652 tract, and the north right-of-way line of Eagle Drive a distance of 44.163 meters [144.89 feet] to a 15.875mm iron rod set; (3) THENCE N 01013'12" W leaving the north line of Eagle Drive a distance of 0.698 meters [2.29 feet] to a 15.875mm iron rod set; (4) THENCE N 88°44'49" E a distance of 35.935 meters [117.90 feet] to a 15.875mm iron rod set; (5) THENCE N 43°46'48" E a distance of 11.656 meters [38.24 feet] to the POINT OF BEGINNING and containing 0.00878 hectares [0.0217 acres] of land. 1:\Survey\2000\2000090\PARCELllgl.doe Page 1 of 2 EXHIBIT C County: Denton Page 2 of 2 Parcel 1 D-15- Eagle Drive March 13,2001 Project Limits: From Avenue"A'to LO.O.F Street CSJ: 918-46 NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE,NAD83 DATUM, CONTROL MONUMENT: NGS Monument AB2789 DTO D — NOS disk stamped "DTO B 1979" set in a concrete post flush with the ground located near the center of Denton City Airport south of the center taxiway. A plat of even survey date herewith accompanies this legal description. OF Joh N. Cordle ff .... .. 7. .....:1•.1�,, RP No. 2026 •��-�IN.C(D-FIDLE °:;? ...�.................. � .i 'Erunaway Associates, Inc. <'•: :.<�' •c: I:1Survey1200012000090\PARCELIlgl.doc Page 2 of 2 • 4 EXHIBIT D PARCEL 1 NOTE: ENGLISH UNITS ARE PROVIDED FOR INFORMATION ONLY 0m15.875 mm IRON ROD SET UNLESS OTHERIMSE NOTED. NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM. CITY OF DENTON I..z Ou 8 E4 LJ STATE OF TEXAS m O� FLOCK 21 (0.0425 ACRES) o I3.O z COLLEGE ADON. 98-R0064440 �OR U LJ CAB. F. PG. 10; LOT 3� D.R.D.C.T. F.F..D.C.T. 12.700mm IRON R00n Q f 0U 11.049m STATE OF TEXAS N J DEED 0 O z Q L (0.1284 ACRES) ^z L STATE OF TEXAS 96-ROO62108 1O ,, E"z L DEED D.R.D.C.T.C.T. "' z`� ~ VOL. 549, PG. 652 $ O C D.R.D.C.T. p a A L N 43'46'48' E 11.656m E [38.24'] I voo 4 m o� N 01'13'12' W 0.6 8m w r [2,29'} N 88'44'49' E .35.935m 117.90' 10, n N 89'53'30' W 44.163m (144.89') p 0 ,n OU ' 1 •JO INN CORD �ALE1 GRAPHIC SCALE ''o e'� ( IN METERS ) 10 0 5 10 20 30 1 : 500 EXHIBIT SHOWING A 0.00878 ha [0.0217 ac.] ( IN FEEi' ) TRACT OF LAND IN THE E. PUCHALSKI SURVEY w o so ABSTRACT NO. 996 DENTON, DENTON COUNTY, TEXAS March 13, 2001 EXHIBIT E 7,956 SQ. FT. DEDICATION BLOCK 43, COLLEGE ADDITION PROPERTY DESCRIPTION BEING a 7,956 square foot tract of land in Block 43 of the College Addition, an Addition to the City of Denton, Texas, as recorded by plot in Volume 44, Page 600, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 3/8" iron rod found for corner at the intersection of the north line of Chestnut Street (50' R,O.W.) with the west line of Avenue D (80' R.O.W,) as shown by the plot of said College Addition; THENCE S89'51'20"W along said north line, a distance of 599.74 feet to a 5/8" iron rod set for corner at the intersection of said north line with the east line of Avenue E (50' R.0.W.); THENCE N00'00'30"W, deporting said north line and along said east line, a distance of 8.00 feet to a 5/8" iron rod set for corner; THENCE N89'51'20"E, departing said east line and parallel to said north fine, a distance of 394.10 feet to a 5/8" iron rod set for corner at the beginning of a curve to the left having a central angle of 18'16'02", a radius of 221,32 feet and a chord bearing and distonce of N80'57'50"E, 70.26 feet; THENCE along said curve to the left on arc distance of 70.56 feet to a 5/8" iron rod set for corner of the beginning of a reverse curve to the right having a central ongle of 17'43'16", a radius of 278.68 feet and a chord beoring and distance of N80'57'50"E, 85.85 feet; THENCE along said reverse curve to the right on arc distance of 86.19 feet to a 5/8" iron rod set for corner; THENCE N89'5 2 'E, parallel to the abovementioned north line of Chestnut Street, a distonce of 51 feet to a 5/8" iron rod set for corner in the aforementioned west line of Avenue D; THENCE S00'00'30"E, along said west line, a distance of 32.01 feet to the POINT OF BEGINNING and containing 7,956 square feet of land, more or less. BASIS OF BEARINGS: The basis of beorings shown hereon is the south line of Chestnut Street, S89'51'20"W as shown on the Denton City Ordinance No. 76-47 recorded in Volume 4942, Pg. 41 Deed Records, Denton County, Texas. i J00 R. C3 BROCKETTE DAVIS DRAKE inc.\ sss�°��•°c ooconsulting engineers sua��� { Civil & Structural Engineering Surveying 4144 Central Expwy.,Suite 1100 Dollos,Texos 75204 (214)824-3647 Job No. C01015.401 January, 2002 Sheet 1 of 2 f EXHIBIT F ® � 7,956 SQ. FT. DEDICATION SCALE 1`'400 BLOCK 43, COLLEGE ADDITION N 00ro0'30" w 8.00' AVENUE E 5/8'IRS 50' R.O.W. 5/8"IRS DII10 Ik15 G � 4 3 G� 0 � � � o GK �4 0 a rn ►� ^ w LU tt vi N W 01 Lu :n CaC Y w 3 }-- U co Q v 1•"3 taC 5/8"IRS A = 18'16'02" Z o R = 221.32' Ln L = 70.56' CB= N 80'57'50" Q V) 5/8"IRS Ch = 70.26' W w = A +� 17'43'16" R = 278.68' POINT OF BEGINNING U L 86.19' 7,956 SQUARE FEET 08= N 80'57'50 E S TREE T DEDICATION Ch = 85.85' 5/e"IRs N 89*59 E 51,46' 5/8"IRS 3/8"IRF 3/8''IRF s 00 00'30" E 32,01' A V E N U E D 80' R.O.W. 3 C3 BROCKETTE DAVIS DRAKE inc. o:o ol)Consulting engineers :��°• ° � Civil & Structural Engineering Surveying 4144 Central Expwy..Suite 1100 Dallos,Texos 75204 (214)824-3647 Job No. C01015.401 January, 2002 Sheet 2 of 2