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