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1992-217AAA010C7 ORDINANCE NO. AN ORDINANCE CONDITIONALLY AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION OF 5.92 ACRES OUT OF THE ROBERT BEAUMONT SURVEY FROM BARWORTH CORPORATION (GRANTOR) TO THE CITY OF DENTON TO BE UTILIZED IN EXPANDING THE NORTH LAKES PARK; PROVIDING CERTAIN CONDITIONS ARE MET BY GRANTOR; AND PROVIDING A CREDIT TO GRANTOR FROM FUTURE DEDICATIONS REQUIRED OF GRANTOR FOR PARK L~ND ON PROPERTY ADJACENT TO THE DONATED TRACT. WHEREAS, BARWORTH CORPORATION, through 1ts duly authorized representative, Jess Newton Rayzor, had communicated its desire to convey 5.92 acres of land out of the Robert Beaumont Survey, Abstract 31, to the City of Denton for park purposes prior to December 31, 1992; and WHEREAS, the 5.92 acres to be conveyed by BARWORTH CORPORATION is contiguous to an existing park within the City of Denton; and WHEREAS, the city of Denton desires to expand 1ts park facilities located adjacent to the property conveyed by BARWORTH CORPORATION; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The City Council directs the City Manager to accept 5.92 acres of land to be conveyed to the City of Denton for park purposes bythe BARWORTH CORPORATION, sub]ect to the following conditions: (a) That prior to December 31, 1992, the Planning and Zoning Commission recommends acceptance by the City of Denton of the 5.92 acres tract; and (b) That any ad valorem taxes due to any governmental entity for 1992 or earlier years on the 5.92 acres be paid prior to December 31, 1992; and (c) That this acceptance shall be revoked ~f the C~ty of Denton discovers the existence of toxic or hazardous wastes or materials on or within the 5.92 acres. Such toxic or hazard- ous wastes or materials ~nclude, but are not l~mlted to, hazardous materials or wastes as same or defined by the Re- source Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. SECTIO~ II. That should the City Manager accept BARWORTH CORPORATION, lts successors and assigns, may apply such conveyance as a credit in l~eu of donations or dedications required of the ownership of the 39.91 acre tract located contiguous to the 5.92 PAGE 1 acres conveyed herein (in the Robert Beaumont Survey, Abstract 31 and the N.H. Meisenheimer Survey, Abstract 810 and more partic- ularly described as Tract Two in the conveyance from Rayzor Investment Company and others to Barworth Corporation recorded at Vol. 907 Page 677 of the Deed Records of Denton County, Texas) by reason of Resolution 89-022, amendments to such resolution or other resolutions or ordinances subsequently adopted by the City of Denton requiring the conveyance of park lands as a requirement for development of the sub]ect 39.91 acre tract. S CTS. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the J~/~day of~, 1992. ATTEST: JENNIFER WALTERS, CITY SECRETARY V LEGAL FORM: APPROVED AS TO DEBRA A. DRAYOVITCH, CITY ATTORNEY Per the authority set forth in Section I above, the City of Denton hereby accepts this conveyance Lloyd V Harrell C~ty Manager PAGE 2 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS cOUNTY OF DENTON CITY OF DENTON I, the understgned, Ctty 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 Ordznance No 92-217 as approved by the City of Denton City Council on December 15, 1992 TO CERTIFY WHICH, wttness my offtclal stgnature and the seal of said City, this the 4th day of January , 19 93 ~ ~ (.,~;/ty off/Denton, Texas 0469C ~01007 A DONATION OF 5.92 ACRES OUT OF THE ROBERT BEAUMONT SURVEY FROM BARWORTH CORPORATION (GRANTOR) TO THE CITY OF DENTON TO BE UTILIZED IN EXPANDING THE NORTH LAKES PARK; PROVIDING CERTAIN CONDITIONS ARE MET BY GRANTOR; AND PROVIDING A CREDIT TO GRANTOR FROM FUTURE DEDICATIONS REQUIRED OF GRANTOR FOR PARKLAND ON PROPERTY ADJACENT TO THE DONATED TRACT. WHEREAS, BARWORTH CORPORATION, through its duly authorized representative, Jess Newton Rayzor, had communicated its desire to convey 5.92 acres of land out of the Robert Beaumont Survey, Abstract 31, to the City of Denton for park purposes prior to December 31, 1992; and WHEREAS, the 5.92 acres to be conveyed by BARWORTH CORPORATION is contiguous to an existing park within the City of Denton; and WHEREAS, the city of Denton desires to expand its park facilities located adjacent to the property conveyed by BARWORTH CORPORATION; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S CT_~. The City Councll directs the City Manager to accept 5.92 acres of land to be conveyed to the City of Denton for park purposes by the BARWORTH CORPORATION, s~b]ect to the following conditions: (a) That prior to December 31, 1992, the Planning and Zoning Commission recommends acceptance by the City of Denton of the 5.92 acres tract; and (b) That any ad valorem taxes due to any governmental entity for 1992 or earlier years on the 5.92 acres be paid prior to December 31, 1992; and (c) That this acceptance shall be revoked if the City of Denton discovers the existence of toxic or hazardous wastes or materials on or within the 5.92 acres. Such toxic or hazard- ous wastes or materials include, but are not limited to, hazardous materials or wastes as same or defined by the Re- source Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. ~. That should the City Manager accept BARWORTH CORPORATION, its successors and assigns, may apply such conveyance as a credit in lieu of donations or dedications required of the ownership of the 39.91 acre tract located contiguous to the 5.92 PAGE i acres conveyed~herein (in the Robert Beaumont Survey, Abstract 31 and the N.H. Meisenheimer Survey, Abstract 810 and more partic- ularly described as Tract Two in the conveyance from Rayzor Investment Company and others to Barworth Corporation recorded at Vol. 907 Page 677 of the Deed Records of Denton County, Texas) by reason o~ Resolution 89-022, amendments to such resolution or other resolutions Or ordinances subsequently adopted by the City of Denton requiring the conveyance of park lands as a requirement for development of the subject 39.91 acre tract. shall become effective That this ordinance 'its passage and approval. immed PASSED AND APPROVED this the ~)day of~, 1992 BOB CASTLEBERRY, ATTEST~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY Per the authority set forth in Section I above, the City of Denton hereby accepts this conveyance ~~/~ ~ RETURN TO C~ty of' Denton 21§ E McKmney Lloyd V Harrell Denton. TX 76201 ATTN: Rob,er N Wdkins~n City Manager PAGE 2 AAA010C7 WARRANTY DEED Date: Grantor: Barworth Corporation, a Texas Corporation of Harris County, Texas, Successor to H.W. Down Development Co., Inc., acting by and through its Chairman of the Board, Jess Newton Rayzor Grantor's Mailing Ad~ress (i~olu~ing county): 1204 W University Dr., 4th Floor, Denton county, Denton, Texas 76201-1771 ~r&ntee: City of Denton, Texas Grantee's M&ili~g A~4ress (inolu4ing oounty): 215 E. McKlnney Street, Denton, Denton County, Texas 76201 Cons/~er&tio~: Ten and no/100 Dollars ($10.00) and other valuable consideration Property (inolu4ing any improvements): 1.524 acres out of the Robert Beaumont Survey, Abstract No. 31, and being a part of a 31.202 acre tract conveyed to H.W. Down Development co., Inc. by deed dated April 24, 1963 by John W. Porter and recorded in Volume 493, Page 257 of the Deed Records of Denton County (more particularly described as Tract I in Exhibit A attached hereto and made a part hereof for all purposes) and 4.4 acres out of the Robert Beaumont Survey, Abstract No. 31, and being all that certain tract conveyed by Louis Groening to H.W. Down Development Co., Inc. by deed dated March 29, 1965 and shown of record in Volume 521, Page 200 of the Deed Records of Denton County, Texas (and being more particularly described as Tract II in Exhlbit A attached hereto and made a part hereof for all purposes) constituting a total conveyance of 5 92 acres. 8peoiml Wmrr&nties: Grantor warrants that toxic or hazardous materials/wastes includlng, but not limited to, such hazardous wastes as are defined in the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act, (CERCLA), as amended, are not stored on or within the subject property. Grantor warrants to assume all responsibility for and shall indemnify and defend the Grantee against all costs, claims or damages associated with the existence, if any, of the toxic or hazardous wastes/materials upon or wlthln PAGE 1 'tOL31 I 8 Pt O I I 9 the subject property mentioned above accruing against Grantee prior to a revocation of acceptance of this conveyance, if applicable, by Grantee. Reservations from the Exosptions to Convey&nos and Warranty~ This conveyance is executed, delivered and accepted subject to all valid restrictions, covenants, easements, outstanding mineral reservations, rights or royalties, if any shown of record in the Office of the County Clerk of Denton County, Texas and all zoning laws, regulations, and ordinances of municipal or other governmental authorities. 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, successors and assigns 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 hereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. WITNESS my hand at Denton, Texas this /6/' day of December, A.D., 1992. .EWTO Y oR, 5airman of the Board BARWORTH CORPORATION PAGE 2 tOL3 ~ t 8 RBO 1 ;~ 0 THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, a Notary Public in and for Denton County, Texas, on this day personally appeared JESS NEWTON RAYZOR, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. G~VEN under my hand and seal of office, this ./~/~----day of ~~~~ Notary Public In~andFor the ~ SHERIEHUDSON ~ StateofTexas / / ~ ~.~"~);; Notary Publ¥ qtata 0f Te~S ~ ~ ~MyC0mmlssior,~x,t,res083119~ My Commission Expires ~ / /?~ PAGE 3 TRACT 1 All that certain tract or parcel of ]and situated in Denton County, Texas, out of the Robert Beaumont Survey, Abstract No. 3], and being a par~ of a 3].202 acre tract of land conveyed to H W. Down Deve]opmen[ Co , Inc by deed dated April 24, 1963, by John W Porter and recorded in Volume 493, page 257 of the Deed Records of Denton County, Texas, and being more particu]hr]y described as follows. BEGINNING at a point in the West right of way line of Malone Street, said point being located North l°22'04" East, a distance of 78.4 feet from the Southeast corner of Lot No. 6 in Block ~I of North Univer~ity Place, q~ird Section, an addition to the C]ty of Denton, Texas, as re- corded in Vol 4, page 10 of the Plat Records of Denton County, Texas, said beginning point being also the North- east corner of aforesaid Lot No 6, Block ~I of North Uni- versity Place Addition; THENCE North 89o01'3]" West along the North line of aforesaid Lot No. 6 in Block ~I of North University Place Addition, a distaDce of 118.97 feet to a point for corner ~n the East line of a 16 foot utility easement along the We~ end of aforesaid Lot No. 6, Block ~I, said point being also located North ]o22'04" East, along the East line of said utility easement, a d~tance of ]0.16 feet from the North line of aforesaid North University Place, ~ird Section~ THENCE North ]°23'11" West along the East line of afore- said utility easement, a distance of 337 22 feet to a point for corner ~ THENCE North ]o22'04" East, at a distance of ]59 55 feet pssstng ~he South boundary ]~ne of Auburn Drive, street in North University Place Addition, Fourth Section, and conti~uing a total distance of 209 57 feet to po~n[ for corner in the North line of Auburn Drive, sa~d point being also located in the South line of a 2.786 acre tract of land conveyed to J Newton Rayzor by H W Down Develop- ment Co , Inc ~{ENCE South 87o08'36" East along the North line of a proposed Easterly extension of Auburn Drive and the South ]}ne of aforesaid 2.786 acre tract, a distance of 90 9] feet to a point for corner; THENCE North 4705]'24'' East, a distance of 35 36 feet to a point for corner in the East line of aforesaid 2 786 ncre ~ract, said point being also located in the West r~ght of way line of a proposed Northerly extension of Ma]one Street at the beginnning of a curve to the right, ha~ing a ,radius of 760.0 feet and a central angle of 15u52'30' ; ~{ENCE along the West line of said proposed Malone Skreet extension, same being along the arc of said curve to the right, a distance of 210.57 feet to the beginning of a reverse cu~e to the left, having a radius of 2293 00 feet, and a central angle of 38°55'20"; H~{ENCE continuing along the West line of said proposed Malone Street extension, same being along the arc of mentioned curve to the left, a distsnce of 196.]9 feet a point for corner in the North line of aforesaid 31.202 acre tract, said corner point being located South 88027'56'' East, a distance of ]]33.34 feet from the Northwest corner of said 31.202 acre tract, and said point also being the Northeast corner of aforesaid 2.786 acre ~IENCE South 88°27'56'' East along the North line of aforesaid 31.202 acres, a distance of 258.66 feet to a point for corner, said point being also the Northeast corner of a 4 4 acre tract of land conveyed by Louis Groening to [] W Down Development Co , Inc. by deed dated March 29, ]965, and shown of record in Vol 52], page 200 of the Deed Records of Denton County, Texasr THENCE South l°08' West, a distance of 974.4 feet to a point for corner in the North line of North University Place Addition, Third Section, and the South line of afore- said 3] 202 acres; ~{ENCE North 88o37'56'' West along said South line of aforesaid 31.020 acres and North line of said North Univer- sity Place Addition, at a distance of 268 85 feet passing the East line of aforesaid Malone Street and continuing a total distance of 328.85 feet to a point for corner in the West line of said Malone Street and the East ] the of afore- said Lot No. 6 in Block ~I of North University Place Addition; ~{ENCE North 01o22'04" East along the WeSt line of aforesaid Malone Street, ~ distance of ]0 7 feet to the place of beginning, and containing 8.82~ acres of ]and Save and except 7 297 acres as sho~ by plat of the f~fth sectl0n of North University Place Addition to the City of Denton, Texas as filed originally in Volume 9, Page 22 Plat Records of Denton County, Texas leaving 1 524 acres 0f land Page 2, of Exhibit "A" ' OL31 18 Pi O 123 TRACT II Al! that certain tract or parcel of ]and g]tuated in Denton County, Texas, out of the Robert Beaumont Survey, Abstract No. 31, conveyed by Louis Groening to H. W Down Development Co., Inc. by deed dated March 29, 1965, and shown of record in Vol. 52], pege 200 of the Deed Records of Denton County, Texas, and being more particularly described as fo]]ows~ BEGINNING at a point in the Northeast corner of a 31.202 acre tract ofoland described Jn Tract I hereof~ THENCE South Ol 08' We~t along the East line of aforesaid 31.202 acre tract, a distance of 429 8 feet to a fence corner in the North line of a grave] road to a point for corner! THENCE South 87051' East along a fence in the North line of aforesaid grave] road, a distance of 434.6 feet to an iron pin for c~rner~ THENCE North 01~58']0" Ea~t along a ~ence, e distmnce of 434.4 feet to an iron pin for corner; ~{ENCE North 88o27'56" West, a distance of 441 0 feet to the place of beginning, and containing 4 4 acres. Total acreage in Tract I and Tract II being 5.92 RETURN 70 C~ty of Denton 215 E MoKmney Denton. TX 76201 ATTN' Ro&er N. W~lkmson PAGE 3 OF Exhibit "A"