1994-212e:\wpdocs\heritage.ord
ORDINANCE NO..qq '"~ I~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND HERITAGE LAND & DEVELOPMENT COMPANY,
INC. RELATING TO THE ACCEPTANCE BY THE CITY OF A DEDICATION OF 9.5
ACRES OF LAND WHEN CERTAIN CONDITIONS HAVE BEEN COMPLETED BY THE
DEDICATOR; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute an
agreement between the city of Denton and Heritage Land &
Development Co., Inc. relating to the acceptance of a dedication of
9.5 acres of land to the City for park purposes, under the terms
and conditions contained in said Agreement, which is attached
hereto and made a part hereof for all purposes.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the 15~day of ~0~~, 1994.
BOB CASTLEBERRY, MAY
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
~j:\wpdocs\k\heritage.con
THE STATE OF TEXAS
§ BY THIS AGREEMENT AND CONTRACT
COUNTY OF DENTON §
Heritage Land & Development Co., Inc. (DEDICATOR) hereby agrees to
dedicate and convey to city of Denton, Texas (CITY) or (ACCEPTOR)
in fee simple absolute the approximate 9.5 acres of land described
more particularly in Exhibit "A", attached hereto and made a part
hereof for all purposes and CITY hereby agrees to accept from
DEDICATOR such land based on the consideration discuss below:
1. Dedicator agrees to repair and paint the existing bridge on the
property in the manner as described in the letter from the City of
Denton to Heritage Land & Development Co., Inc, dated/~/b~I q~q~
prior to closing on the property.
2. Dedicator agrees to construct an eight (8) foot concrete
walkway from Bell Avenue across the remainder of Dedicator's
property and the city's Park via the bridge to the south boundary
of Cooper Crossing prior to closing on the property.
3. Dedicator agrees to pay the sum of One Thousand Dollars
($1,000) at the time of closing on the property to defray mowing
and maintenance expenses the city will assume in accepting the land
herein dedicated.
4. Dedicator agrees to convey the property in fee simple absolute
by general warranty deed at the time of closing on the property.
5. Dedicator agrees to convey the property free from any
delinquent taxes and taxes for the current year are to be prorated
to the date of closing.
6. Closing shall be on or prior to December 2, 1994, unless the
parties mutually agree in writing to a different date.
Executed this ~5~ day of ~O~-~'' , 1994
HERITAGE I~ND & DEVELOPMENT CO., INC. CITY OF DENTON
(DEDICATOR) (AC~
(TITLE~ ///~../~_~.~9~ LLOYD 'V.' HARRELL
city Manager
ClTY of DENTOJ~I~, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS76201
August 4, 1994
Mr. Wade Harris '
Heritage Land & Development Co., Inc.
2220 San Jacinto Blvd.
Suite 360
Denton, Texas 76205
Dear Mr. Harris:
Attached please find the contract documents relating to the donation of 9.5 acres of land fi.om
Heritage Land & Development Co., Inc. to the City of Denton.
As stated in the contract, Heritage Land & Development Co., Inc. will repair and paint the
existing bridge on the property. These improvements shall include but are not limited to the
following: · Structural repair of the bridge steel frame.
· Replacement of all wooden planks (treads) which span the bridge.
'~ Painting.
These improvements shall be inspected by a city representative before final acceptance of the
property.
If this contract complies with your understanding of the terms of this donation, please sign the
original and two copies and return such documents to my office for city execution.
Should you have any questions in this regard, please do not hesitate to call me at 566-8505.
oltl~t~l ¢ly~
Mickey Ohland
Park Planning Coordinator
· cc: ,, Rich Dlugas, Director
Parks and Recreation Department
817/566-8200 D/FW METRO 434-2529
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
I, the undersigned, City Secretary of the City of Denton,
Texas, (the "city") DO HEREBY CERTIFY that according to the records
of the city of which I am custodian, that:
the attached is a true and accurate copy of Ordinance No. 94-212,
as approved by the City of Denton City Council on November 15,
1994.
TO CERTIFY WHICH, witness my official signature and the seal
of said City, this the 18th day of November, 1994.
....,.~ city Secretary
'~ .~.~ City of Denton, Texas
AMM00535
j:\wpdocs\~\h~r~¢age.con
THE STATE OF TEXAS §
§ BY THIS AGREEMENT AND CONTRACT
COUNTY OF DENTON §
Heritage Land & Development Co., Inc. (DEDICATOR) hereby agrees to
dedicate and convey to city of Denton, Texas (CITY) or (ACCEPTOR)
in fee simple absolute the approximate 9.5 acres of land described
more particularly in Exhibit "A", attached hereto and made a part
hereof for all purposes and CITY hereby agrees to accept from
DEDICATOR such land based on the consideration discuss below:
1. Dedicator agrees to repair and paint the existing bridge on the
property in the manner as described in the letter from the city of
Denton to Heritage Land & Development Co., Inc, dated~57 q~[~
prior to closing on the property.
2. Dedicator agrees to construct an eight (8) foot concrete
walkway from Bell Avenue across the remainder of Dedicator's
property and the City's Park via the bridge to the south boundary
of Cooper Crossing.prior to closing on the property.
3. Dedicator agrees to pay the sum of One Thousand Dollars
($1,000) at the time of closing on the property to defray mowing
and maintenance expenses the City will assume in accepting the land
herein dedicated.
4. Dedicator agrees to convey the property in fee simple absolute
by general warranty deed at the time of closing on the property.
5. Dedicator agrees to convey the property fr~ from any
delinquent taxes and taxes for the current year~a~e'to/be'~prorated
to the date of closing.
6. Closing shall be on or prior to December 2, 1994, unless the
parties mutually agree in writing to a different date.
Executed this ~ day of ~Ot)~w~-~' , ~994
HERITAGE LAND & DEVELOPMENT CO., INC. CITY OF DENTON
(DEDICATOR) (AC~
(TITL~ //~.
- -' City Manager
RETURN TO:, City of-Dentoa
215 E. McKinney
Denton, TX 76201
ATTN: Ro~er 1% Wilkin~oa;
DE(; 0 8 1994
Fi3ed for Record in=
DENTON C[]UNTY~ TX
HONOF(ABL. E TIM HODGES/COUNTY
CI,.ERK
On Dec 08 1~94
At t0:56am
goc/Num : ~4-R0090444
~oc/Type : OR
Reco'cd i ~3g: 9.00
Doc/Mgmt": 6.00
Receipt ~: ~ 34961
Deputy - CHRISTI
2252
Prepared by the State Bar of Texas for use by lawyers only.
Revised 10-85.
WARRANTY DEED
(Long Form)
Date: December 1, 1994
Grantor: HERITAGE LAND & DEVELOPMENT CO., INC.
Grantor's Mailing Address (including county): 2220 San Jacinto Blvd., ~360
Denton (Denton County), Texas 76205
Grantee: THE CITY OF DENTON, TEXAS
Grantee's Mailing Address (including county): 215 E. McKinney - Municipal Building
Denton (Denton County), Texas 76201
Consideration: TEN DOLLARS ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged;
· ~DoS~e u! uI~moa pu~ K~aodoad ~o~[qns o~ XIdd~ omw~
~ue~xe oq~ oA ,po~nA!s s! X~a~doad oq~ qo!qa u! X~unoo oq~ ~o
~aoI3 X~unoD ~ ~o ~3!~o ~ u! paoooa ~o a~dd~ ~mw~ ~q~ mw
m~U~UOAOD ~A!~O!a~S~a pu~ m~UWU~AOD 'suo!~Ipuom
'e~u~m~s~ ii~ o~ ~oe~qn~ po~d~oo~ pu~ ~p~ sT ~ou~X~AUO~
:Klu~pu~3u~o^uooolsuo}~3xHpu~mo~suo{{~os~M
:memodand iie ao~
~oeaeq qaed e ep~m pue o~eaeq peqo~]e ,,¥. ~!q!qxs uo peq!amsep
Kiin~ eaom 6u!eq pue '~ex~& 'X3unoo uo~u~G 'uoqueG ~o K~!D
6u!eq pue 6u!XI pu~I ~o ieoaed ao ~eaq u!e]aeo &WH& ~qV DNIM~
:(sluatuo^oadm{ ,(uu i]u!pnlau{) ~(uodoad
Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells,
and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to
have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor
and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to
Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
HERI~-AG~ LAND & /~EVELO1~MENT CO. , INC.
ne C. Carlton, Fres'
(Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of ,19
by
Notary Public, State of Texas
Nomry's name (printed):
Notary's commission expires:
(Corporate Acknowledlpnent)
STATE OF TEXAS
COUNTY OF DENTON /~
This instrument was acknowledged before me on the dayof December ,1994
by Jane C. Carlton , President
of HERITAGE LAND & DEVELOPMENT CO., IN~Q
a ~exas ~ corporation, onbehalfofsai~._.. L..~dl~~
] ~' {~l~?'d~"~,i NotaryPub~lc, StateofTexa$ g motary snamefp?ntc~,,. ~
A~ERRECORDINGRETURNTO: pREPAREDINTHELAWOFFICEOF:
CITY OF DENTON
MUNICIPAL BUILDING
215 E. McKINNEY
DENTON, TEXAS 76201
THIS DOCUMENT
~;:~"'."r)F Y FOR
OR REPRODUOING
ET ~ TO V~DS~ P~K
.... -~ ~ ~Nf~ ~fY~ f~ ~ ~EIHG ~LL ~ LOT L
REC~OC~ ~ CA~J~T'~ P~ ~8~ ~AT RECOR~ ~ ~NT~ c~TY,
STREET ~ R~ giG4) AT T~ ~THVEST C~R ~ LaY b ~OCK
T~R60F RECORDED
H'
~C ~T ~ ~EE~' 37
T~ $~TH OJ DE~E~ 43 HI~TE~
L~ ~ ~]~ :TROT A
RETURN TO: City of Denton
~t5 E. McKinney
Denten, TX 76201 ':c~:~:~,:~J-r~}
~E(: 0 8 1994
Filed for Record
DENTON COUNTYo l'X
HONORRBLE TIM HODGES/COUNTY
CLERK
On Dec 88 ~994
8:56am
At 1 ·
Doc/Num : ~4-R0090445
WD
Doc/Tx~e ~ 11.00
Reco*rd ~ng. 6.00
Doc/Mgmt :~ 34961
Receipt fl.
Deputy - CHRISTI