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1990-179ORDINANCE NO. D AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND MOORE BUSINESS FORMS, INC. TO PROVIDE FOR THE DONATION OF REAL PROPERTY TO THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Moore Business Forms, Inc., has offered to donate improved real property to the City of Denton on certain conditions; and WHEREAS, the City Council believes it would serve the interest of the community to accept the property; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the attached agreement between the City of Denton and Moore Business Forms, Inc. providing for the donation of the real property therein described. SECTION II. That this ordinance shall become effective immediately upon its passage and roval. PASSED AND APPROVED this day of 1990. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS Ttl LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: l~~/~ AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND MOORE BUSINESS FORMS, INC., PROVIDING FOR THE CONVEYANCE OF REAL PROPERTY This Agreement is made the LL day of 19901 between the City of Denton, Texas (Denton), a municipal corpora- tion of the State of Texas, and Moore Business Forms, Inc., (Moore), a Delaware corporation. It is agreed as follows: 1. Agreement To Donate and Accept. Moore agrees to donate to Denton and Denton agrees to accept from Moore all that certain real property, with all buildings and fixtures located thereon (the "Property"), in the City of Denton, Denton County, State of Texas, described in Exhibit "A", attached hereto and incorporated herein by reference. 2. Improvements Included. The Property to be conveyed includes all buildings and fixtures located on the Property on the date Denton takes possession of the Property. 3. Title Transferred. Moore shall execute and deliver to Denton on or before December 14, 1990, a general warranty deed in recordable form conveying marketable title to the premises free and clear of all liens and encumbrances except for reservations, restrictions, covenants and easements of record and facts which would be disclosed by a comprehensive survey of the Property. 4. Possession of Property. Possession of the Property shall be delivered to Denton upon delivery of the deed. 5. Fees, Charges and Costs. Denton shall pay all recording PAGE 1 fees, title searches, surveys and the premium charged for any policy of title insurance arising out of this transaction. Upon delivery of the deed, Denton shall pay Moore $4,000.00 as reim- bursement for the cost of the appraisal of the property previously paid by Moore and $430.00 as a pro rata reimbursement to Moore for the remainder of Moore's lease with the Missouri Pacific Railroad Company. 6. Taxes. Moore shall pay all ad valorem taxes on the Property due to any taxing jurisdiction in any tax year through and including 1990, except those due to the City of Denton for 1990. 7. Hazardous Materials. Moore represents and warrants that it has no knowledge that the Property has ever been used as a site for the disposal of any toxic or hazardous substances regulated by the Comprehensive Environmental Response, Compensation and Liability Act, the Clean Air Act or other federal or state laws or regulations. 8. Integration. This Agreement constitutes the entire agreement between the parties and neither party relies upon any representation not contained in this Agreement. The parties have executed this Agreement on the date written above. CITY OF DENTON BY / * L LLOYD V. HARRELL CITY MANAGER PAGE 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY (rte BY: MOORE BUSINESS FORMS, INC. BY: TITLE: THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of 1990 by Lloyd V. Harrell, City Manager of the City of Denton, Texas, a Municipal Corporation, on behalf of said Municipal Corporation. STATE OF TV= MyCamm E Mg15,1993 OTAR PUBLIC, ,STATE OF TEXAS My Commission expires: PAGE 3 EXHIBIT °A" *NORTH TRACT* ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HIRAM SISCO SURVEY, ABSTRACT NUMBER 1184, CITY OF DENTON, COUNTY OF DENTON, STATE OF TEXAS; SAID TRACT BEING SHOWN BY DEEDS TO MOORE BUSINESS FORMS, INC., AND RECORDED IN VOLUME 325, PAGE 635, VOLUME 325, PAGE 636, VOLUME 325, PAGE 638, VOLUME 328, PAGE 451, VOLUME 328, PAGE 448, AND PART OF VOLUME 325, PAGE 639, OF THE DEED RECORDS, OF COUNTY OF DENTON, STATE OF TEXAS, AND BEING MORE FULLY DESCRIBED AS FOLLOWS; BEGINNING FOR THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT A SET 1/2 INCH STEEL SQUARE TUBING AT THE SOUTHWEST CORNER OF SAID VOLUME 325, PAGE 635, SAID TUBING BEING AT THE INTERSECTION OF THE EAST RIGHT-OF- WAY LINE OF RAILROAD AVENUE (A 50 FOOT WIDE ASPHALT SURFACED PUBLIC ROAD), AND THE NORTH RIGHT-OF-WAY LINE OF EAST HICKORY STREET (AN ASPHALT SURFACED PUBLIC STREET); THENCE NORTH, WITH THE WEST LINE OF SAID MOORE BUS. FORMS TRACT, AND THE EAST LINE OF SAID RAILROAD AVE., A DISTANCE OF 373.07 FEET TO A SET 1/2 INCH STEEL SQUARE TUBING FOR THE NORTH CORNER OF SAID VOLUME 328, PAGE 448, SAID TUBING BEING THE NORTHEAST OF AND 8.50 FEET FROM THE CENTER LINE OF THE TEXAS & PACIFIC RAILWAY SPUR, SAID TUBING ALSO BEING AT THE START OF A CURVE TO THE LEFT WHOSE RADIUS IS 458.37 FEET, CENTRAL ANGLE OF 32 DEGREES 08 MINUTES 14 SECONDS, AND A CHORD BEARING AND DISTANCE OF SOUTH 62 DEGREES 13 MINUTES 30 SECONDS EAST, A DISTANCE OF 253.74 FEET; THENCE WITH SAID CURVE TO THE LEFT, AND BEING 8.50 FEET NORTH OF SAID CENTER LINE AN ARC LENGTH OF 257.10 FEET TO A SET 1/2 INCH STEEL SQUARE TUBING FOR THE END OF SAID CURVE, SAID TUBING BEING THE SOUTHEAST CORNER OF A TRACT SHOWN BY DEED TO WILSON MCKENNY ET AL, AND RECORDED IN VOLUME 398, PAGE 635, OF SAID DEED RECORDS; THENCE SOUTH A DISTANCE OF 5.50 FEET TO A SET 1/2 INCH STEEL SQUARE TUBING ON THE SOUTH LINE OF SAID VOLUME 325, PAGE 639, AND THE NORTH LINE OF SAID VOLUME 325, PAGE 636 OF SAID DEED RECORDS, SAID TUBING ALSO BEING AT AN ELL CORNER OF EAST OAK STREET (AN ASPHALT SURFACED PUBLIC STREET), AND FRAME STREET (AN ASPHALT SURFACED PUBLIC STREET); THENCE SOUTH 88 DEGREES 59 MINUTES 44 SECONDS EAST, WITH THE SOUTH LINE OF SAID EAST OAK STREET, AND THE NORTH LINE OF SAID MOORE TRACT, A DISTANCE OF 515.48 FEET TO A SET 1/2 INCH STEEL SQUARE TUBING FOR THE NORTHEAST CORNER OF SAID VOLUME 328, PAGE 451 OF SAID DEED RECORDS, SAID TUBING ALSO BEING AT AN ELL CORNER OF SAID EAST OAK STREET, AND EXPOSITION STREET; THENCE SOUTH 00 DEGREES 01 MINUTES 21 SECONDS EAST, WITH THE EAST LINE OF SAID MOORE TRACT, AND THE WEST LINE OF SAID STREET, A DISTANCE OF 240.00 FEET TO A SET 1/2 INCH STEEL SQUARE TUBING FOR THE SOUTHEAST CORNER OF SAID VOLUME 328, PAGE 451, SAID TUBING ALSO BEING ON THE NORTH LINE OF SAID EAST HICKORY STREET; THENCE SOUTH 89 DEGREES 58 MINUTES 39 SECONDS WEST, WITH THE SOUTH LINE OF SAID MOORE TRACT, AND THE NORTH LINE OF SAID STREET, A DISTANCE OF 740.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.443 ACRES OF LAND, MORE OR LESS. EXHIBIT "A" *SOUTH TRACT* ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE HIRAM SISCO SURVEY, ABSTRACT NUMBER 1184, CITY OF DENTON, COUNTY OF DENTON, STATE OF TEXAS; SAID TRACT BEING SHOWN BY DEEDS TO MORE BUSINESS FORMS, INC., AND RECORDED IN VOLUME 675, PAGE 170, VOLUME 711, PAGE 590 OF THE DEED RECORDS OF THE COUNTY OF DENTON, STATE OF TEXAS, AND BEING MORE FULLY DESCRIBED AS FOLLOWS; BEGINNING FOR THE SOUTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT A SET 1/2 INCH STEEL SQUARE TUBING AT THE SOUTHWEST CORNER OF SAID VOLUME 711, PAGE 590 OF SAID DEED RECORDS, SAID TUBING BEING THE NORTHWEST OF A TRACT BEING SHOWN BY DEED TO TRINITY IND., INC., DATED 03 AUGUST 1970, AND RECORDED IN VOLUME 605, PAGE 588 OF SAID DEED RECORDS; THENCE NORTH, WITH THE WEST LINE OF SAID MOORE BUS. FORMS TRACT, A DISTANCE OF 300.00 FEET TO A SET RAILROAD SPIKE FOR THE NORTHWEST CORNER OF SAID VOLUME 675, PAGE 170, SAID- SPIKE BEING ON THE SOUTH LINE OF EAST HICKORY STREET (AN ASPHALT SURFACED PUBLIC STREET); THENCE NORTH 89 DEGREES 58 MINUTES 39 SECONDS EAST, WITH THE SOUTH LINE OF SAID EAST HICKORY STREET, AND THE NORTH LINE OF SAID MOORE TRACT, A DISTANCE OF 175.00 FEET TO A SET RAILROAD SPIKE FOR THE NORTHEAST CORNER OF SAID VOLUME 675, PAGE 170, OF SAID DEED RECORDS; THENCE SOUTH, WITH THE EAST LINE OF SAID MOORE TRACT, A DISTANCE OF 158.00 FEET TO A SET RAILROAD SPIKE FOR THE SOUTHEAST CORNER OF SAID VOLUME 675, PAGE 170; THENCE SOUTH 89 DEGREES 58 MINUTES 30 SECONDS WEST, WITH THE SOUTH LINE OF SAID MOORE TRACT, A DISTANCE OF 25.00 FEET TO A SET RAILROAD SPIKE FOR THE NORTHEAST CORNER OF SAID VOLUME 711, PAGE 590 OF SAID DEED RECORDS; THENCE SOUTH WITH THE EAST LINE OF SAID MOORE TRACT, A DISTANCE OF 142.94 FEET TO A 3 INCH PIPE FENCE CORNER POST FOR THE SOUTHEAST CORNER OF SAID MOORE TRACT; THENCE NORTH 89 DEGREES 39 MINUTES 51 SECONDS WEST, WITH THE SOUTH LINE OF SAID MOORE TRACT, AND THE NORTH LINE OF SAID TRINITY TRACT, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.125 ACRES OF LAND, MORE OR LESS. WARRANTY DEED 59054 THE STATE OF TEXAS KNC',1 ALL MEN BY THESE PRESENTS: COUNTY OF DENTON That MOORE BUSINESS FORMS, INC., a Delaware corpora- tion with its principal place of business at 1205 Milwaukee Avenue, Glenview, Illinois, acting by and through James C. Clark, its Assistant Secretary, hereunto duly authorized, of the County of Denton, State of Texas, for and in consideration of ONE AND NO MORE DOLLARS ($1.00) to it in hand paid by the CITY OF DENTON, TEXAS, a municipal corporation of the State of Texas and pursuant to an ordinance passed and approved the 6th day of November, 1990 HAS GRANTED, SOLD AND CONVEYED AND BY THESE PRESENTS DOES GRANT, SELL AND CONVEY unto the said CITY OF DENTON, TEXAS NORTH PARCEL: ALL THAT CERTAIN TRACT OR PARCEL OF LAND situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, County of Denton, State of Texas; said tract being shown by deeds to Moore Business Forms, Inc., and recorded in Volume 325, Page 635, Volume 325, Page 636, Volume 325, Page 638, Volume 328, page 451, Volume 328, Page 448, and part of Volume 325, Page 639, of the Deed Records, of County of Denton, State of Texas, and being more fully described as follows: BEGINNING: for the southwest corner of the tract being described herein at a set 1/2 inch steel square tubing at the southwest corner of said tract as recorded in Volume 325, Page 635, said tubing being at the inter- section of the east Right-of-Way line of Railroad Avenue (a 50 foot wide asphalt surfaced public road), and the north Right-of-Way line of East Hickory Street (an asphalt surfaced public street); THENCE: NORTH, with the west line of said Moore Business Forms Tract, the east line of said Railroad Ave., a distance of 373.07 feet to a set 1/2 inch steel square tubing for the north corner of said tract as recorded in Volume 328, Page 448, said tubing being northeast of and 8.50 feet from the center line of the Texas & Pacific Railway spur, said tubing also being at the start of a curve to the left whose radius is 458.37 feet, central angle of 32 degrees 08 minutes 14 seconds, and a chord bearing and distance of South 62 degrees 1.3 minutes 30 seconds East, a distance of 253.74 feet; THENCE: with said curve to the left, and being 8.50 feet north of said center line, an Arc length of 257.10 feet to a set 1/2 inch steel square tubing for the end of said curve, said tubing being the southeast corner of a tract shown by deed to Wilson McKenny et al, and recorded in Volume 398, Page 635, of said Deed Records; THENCE: SOUTH a distance of 5.50 feet to a set 1/2 inch steel square tubing on the south line of said tract as recorded in Volume 325, Page 639, and the north line of said tract as recorded in Volume 325, Page 636 of said Deed Records, said tubing also being at an ell corner of East Oak Street (an asphalt surfaced public street), and Frame Street (an asphalt surfaced public street); VOL2902 n095I THENCE: SOUTH 88 degrees 59 minutes 44 seconds East, with the south line of said East Oak Street, and the north line of said Moore tract, a distance of 515.48 feet to a set 1/2 inch steel square tubing for the northeast corner of said tract as recorded in volume 328, Page 451 of said Deed Records, said tubing also being at an ell corner of said East Oak Street and Exposition Street; THENCE: South 00 degrees 01 minute 21 seconds East, with the east line of said Moore tract, and the west line of said Exposition Street, a distance of 240.00 feet to a set 1/2 inch steel square tubing for the southeast corner of said tract as recorded in Volume 328, Page 451, said tubing also being on the north line of said East Hickory Street; THENCE: South 89 degrees 58 minutes 39 seconds West, with the south line of said Moore tract, and the north line of said East Hickory Street, a distance of 740.00 feet to the Point of Beginning and containing 4.443 acres of land, more or less. SOUTH PARCEL ALL THAT CERTAIN TRACT OR PARCEL OF LAND situated in the Hiram Sisco Survey, Abstract Number 1184, City of Denton, County of Denton, State of Texas, said tract being shown by deeds to Moore Business Forms, Inc., and recorded in Volume 675, Page 170 and Volume 711, Page 590 of the Deed Records of the County of Denton, State of Texas, and being more fully described as follows: BEGINNING: for the southwest corner of the tract being described herein at a set 1/2 inch steel square tubing at the southwest corner of said tract as recorded in Volume 711, Page 590 of said Deed Records, said tubing being the northwest of a tract being shown by deed to Trinity Ind., Inc., dated 03 August 1970, and recorded in Volume 605, Page 588 of said Deed Records; THENCE: NORTH, with the west line of said Moore Business Forms tract, a distance of 300.00 feet to a set railroad spike for the northwest corner of said tract as recorded in Volume 675, Page 170, said spike being on the south line of East Hickory Street (an asphalt surfaced public street); THENCE: North 89 degrees 58 minutes 39 seconds East, with the south line of said East Hickory Street, and the north line of said Moore tract, a distance of 175.00 feet to a set railroad spike for the northeast corner of said tract as recorded in Volume 675, ?age 170, of said Deed Records; THENCE: SOUTH, with the east line of said Moore tract, a distance of 158.00 feet to a set railroad spike for the southeast corner of said tract as recorded in Volume 675, Page 170; THENCE: South 89 degrees 58 minutes 30 seconds West, with the south line of said Moore tract, a distance of 25.00 feet to a set railroad spike for the northeast corner of said tract as recorded in Volume 711, Page 590 of said Deed Records; THENCE: SOUTH with the east line of said Moore tract, a distance of 142.94 feet to a 3 inch pipe fence corner post for the southeast corner of said Moore tract; A2SO2;l 091=2! 1 i 1 Y y; THENCE: North 89 dearti~.s,3 minutes 5I`.seconds West, with the south line 1° 5a'd:Yr'Jtrac:, and the north line of said Trinit ~.t act.fi c d-ittanc ' of 150.00 feet to the Point of BecinSgog n~, containing 1.125 acres of i- land, more or.'l ess~~ SUBJECT TO e. 8eifVa :i is resteictions, covenants and r,.., easements of record. ' a . w i.Ft C, TO HAVE ANi CDR'HOL t} abme-described premises, together with all andd'din"u1 r, t e rights and appurtenances thereto in anywise belong bbl tb thelsaid City of Denton, Texas, its successors and assigns forever; and the said Moore Business Forms, Inc. does hereby bind itself, its successors and assigns, to Warrant and Forever Defend all and singular the said premises unto the City of Denton, Texas, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. ~i WITNESS, our hand at Denton, Texas this day of December, 1990. MOORE BUSINESS FORMS, INC. By: Jame,• C. Clark, Asst. Secretary THE STATE OF TEXAS SS.: COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for the said County of Denton, State of Texas, on this day personally appeared JAMES C. CLARK, an Assistant Secretary of Moore Business Forms, Inc., the above-named Grantor, 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 and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisof December, 1990. f 111'll` - J, Notary Ya '"1 THE STATE OF TEXAS Q` 001°ra r, COUNTY OF DENTON ` ~v~S~. I, _ County Clerk of the County Court of the said County, do hereby certify that the foregoing instrument of writing dated the day of December, 1990 with its Certificate of Authentication was filed for record in my office on the day of , 199 A.D. at o'clock M. and was duly recorded this day of 199 at o'clock, M. in the Records of said County om Volume on pages WITNESS, my hand and seal of the County Court of said County, at office in Denton the day and year last above written. erk County Court, Denton County, Texas By: , Deputy