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"