1999-364mE REFERENCE I*ORM I 99-364I
X
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
The State of Texas, being the Grantee in this agreement, shall have
final possession of the original deed. Deed filed with County is
included in file but not imaged. 9/4/03 JW
AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE CITY
OF DENTON AND STATE OF TEXAS, RELATING TO 0 127 ACRES OF LAND FOR THE
EXPANSION OF U S HIGHWAY 77 (PARCEL 26) AND AUTHORIZING THE
EXECUTION OF THE DEED, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, pursuant to Resolution 88-021 the Cxty of Denton agreed to acquxre and to
provide all costs of the right of way for the widening ofU S Hxghway 77, for the State of Texas,
and having purchased 0 127 acres of land (parcel 26) as right of way and needing to convey such
right of way to the State of Texas, and
WHEREAS, that the process for determlmng the fmr market value of the right of way
above, as apphcable, 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 m effectuating this conveyance, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDA1NS
S T_S~ That the C~ty Manager xs hereby authorized to execute a deed between the
C~ty and the State of Texas, acting by and through the Texas Transportation Commission, in
substantmlly the form of the deed which ~s attached hereto and made a part of thru ordinance for
all purposes, for the conveyance of 0 127 acres of land for the expansion of U S H~ghway 77
(Parcel 26) which is more particularly describe in Exhibit "A" and ~s ~ncorporated here~n by
reference and made a part ofth~s ordinance for all purposes
~ That thru ordinance shall become effectxve immediately upon ~ts passage
and approval
PASSED AND APeROVEDthlsthe ,.9r'-~'~ dayof ~~//9 ,1999
ATTEST
JENNIFER WALTERS, CITY SECRETARY
EXHIBIT "A"
County Denton Page 1 of 1
Parcel 26 D- 15-
H~ghway U S 77 Rewsed June 11, 1999
Project Lira)ts from I H 35
to U S 380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 26
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO DAVID A
COGGIN, TRUSTEE, (TRACT 2) RECORDED IN VOLUME 2614, PAGE 845, DEED RECORDS OF
DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE N H MEISENHEIMER
SURVEY, ABSTRACT NO 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING at a found 1/2-ich ~ron rod for the most westerly corner of a tract of land
conveyed to Charhe Melwn Cunnmgham and w~fe, Jams Cunnmgham, as recorded ~n Volume
632, Page 217, DRDCT, snd the most southerly corner of said tract 2, being on the ex~stmg
north right of way line of R~ney Road,
THENCE N 48°11'52' E, along the common property line of said Cunnmgham tract and said
Coggm tract two, a distance of 98 51 feet to a set 5/8 ich ~ron rod with an alummum cap on
the new aouth right of way hne of U S 77 for the POINT OF BEGINNING,
(1) THENCE N 58°11'36' W, along the new south r~ght of way line of U S 77, a dmtance
of 185 05 feet to set a 5/8-Ich iron rod with an aluminum cap,
(2) THENCE S 60006'38' W, along the new south right of way hne of U S 77, a distance
of 12 32 feet to a 5/8-ich ~ron rod wlLh an alummum cap set in the west hne of se~d
Coggm tract and the easterly right of way hne of RIney Road,
(3) THENCE N 25<'55'13' W, along the west hne of sa~d Coggln tract and the easterly line of
Rmey Road, a dmtance of 71 89 feet to the most northerly corner of smd Cogg~n tract ~n
the existing southerly right of way line of U S 77,
(4) THENCE S 58°12'48" E, along the exiting southerly right of way line of U S 77 and the
northeasterly line of smd Coggm tract, a distance of 227 58 feet to a found 5/8-~nch ~ron
rod for the most easterly corner of sa~d Cogg~n tract and the most northerly corner of said
Cunmnghem tract,
(5) THENCE S 48011'52" W, along a hne common to smd Coggm tract and said
Cunnmghem tract, a distance of 27 90 feet to the POINT OF BEGINNING, and
contammg 0 127 acres of land, or 5,544 square feet of land, more or less
B Glenn ~ro'u~h; R P [' S ..... ~
Texas Registrat~on No 5255 ~*~-~--~-~
FND
2449
REV
Texan Depa~ment of Transportation
Form D 15 14
Page I of 3 Rev, 9/91
DEED
THE STATE OF TEXAS }
COUNTY OF DENTON } 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
oneormore, for and m consJderatton of the sum of ONe Dollar and No Cents .........
................................... 2 .... Dollars ($ '1. oo ) to Grantors
m hand prod by the State of Texas, acting by and through the Texas Transportation Conun,ss~on, receipt of
wMch ~s hereby acknowledged, and for wluch no hen ts retained, e~ther expressed or nnphed, have th~s
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 m Denton County, Texas, more particularly described m
h,b,t "A,' which ts attached hereto and incorporated here,n for any and all purposes
SAVE and EXCEPT, HOWEVER, ~t Is expressly umlerstood and agreed that Grantors are retaining
t~tle to the following unprovements located on the property described m smd Exhtbtt "A,' to w~t
N/A
Grantors covenant and agree to remove the above-described unprovements from satd land by the
day of N/A ,19.__, subject, however, to such extensmns of tune as may be granted
by the State m writing, and ~f, for any reason, Grantors fad or refuse to remove same w~thm said period of
t~me prescrxbed, then, w~thout any further consMerat~on, the t~tle to alt or any part of such unprovements
not so removed shall pass to and vest m the State of Texas forever
Grantors reserve all of the oR, gas and sulphur m and under the land hereto conveyed but wmve all rights
of Ingress and egress to the surface thereof for the purpose of exploring, developing, mmmg or drilling for
same, however, nothing In th~s reservation shall affect the title and r~ghts of the State to take and use all
othe~ minerals alld materials thereon, therein and thereunder
Texas Depmqment of Transportation
Form D 15 14
Page 2 of 3 Rev 9/91
TO IIAVE AND TO HOLD the prenuses hereto descrlbe~ and hereto 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 bmd ourselves, our heirs, executors, admtmstrators, successors and as-
signs to Warrant and Forever Defend all and singular the said premises hereto conveyed unto the State of
Texas and its assigns against every person whomsoever lawfully clamung or to clmm the same or any part
thereof, by, through or under, but not otherwise.
- . day of
IN WITNESS WHEREOF, this instrument is executed on this the
CITY OF DENTON:
ACKNOWLEDGMENT
COUNTY OF
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
/ ., know,',o m¢ o,
to me on the oath of , a credible witness,) to be the pe~on(s)b~vhose
name(s) is (are) subecnbed to the foregoing instrument and acknowled ed to me that he/she/thby execet~d the same for the
proposes and conSideration therein expressed /~ ~ fl
~ \~,'~ MAY 9, ~-002 .... J /
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS, }
COUNTY OF }
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
of
me Io be the person and officer whose nanm Is subscribed to the foregoing instrument and acknowledged to .,e that the same
was the act of the smd .. , a coq~oratlon, that he/she was
duly authorized to perform the same by appropriate re~olut~on of Ihe board of directors of such corporation and that he/~he
executed the same as the act of such corporndon for the purposes and conslderaaon thereto expressed, and m the cxpacl~
thereto stated
GIVEN UNDER MY HA_ND AND SEAL OF OFFICE, ttus day of ,, 19
Notary Pubhc Stale of Texas
My Comanssion expires on the day of ,19
Texaq Depariment of Transpoflallon
Form D 15 14
Page 3 of 3 Rev 9/91
After recording please return this instrument to:
PAUL WILLIAMSON
CITY OF DENTON
221 N. ELM STREET
DENTON, TEXAS 76201
<
CERTIFICAIF OF RECORDING
THE STATE OF TEXAS,
COUNTY OF DENTON }