2010-318sAlegahour documents\ordinances11Wavis tract ordinance of acceptance.doc
ORDINANCE NO. 2010-318
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO
ACT ON BEHALF OF THE CITY OF DENTON TO ACCEPT A DEED OF GIFT FROM LOUISE
DAVIS, CONVEYING TO THE CITY OF DENTON AN APPROXIMATE 31.8 ACRE TRACT
SITUATED IN BOTH THE JONATHAN DOUTHITT SURVEY, ABSTRACT NUMBER 329, AND
THE JOHN WEST SURVEY, ABSTRACT NUMBER 1331, DENTON COUNTY, TEXAS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Louise Davis wishes to donate to the City of Denton, Texas an approximate 31.8
acre tract to be used in conjunction or association with the Clear Creek Natural Heritage Area, as
described within the Gift Deed, attached hereto as Exhibit "A";
WHEREAS, the City of Denton desires to accept the Gift Deed, along with its covenants or
conditions of use prescribed therein; and
WHEREAS, the City Council of the City of Denton finds the acceptance of the Gift Deed,
prescribing the use restrictions set forth therein, is in the best interest of the citizens of the City of Denton;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The City Manager is authorized to act on behalf of the City of Denton in
accepting the Deed of Gift from Louise Davis for an approximate 31.8 acre tract, a copy of which deed is
attached hereto and made a part hereof.
SECTION 2: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the J day of . 1 '2010.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B
APPROVED AS TO LEGAL FORM:
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
DEED OF GIFT
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
That I, Louise Davis ("Grantor"), of 824 Ector Street, Denton, Denton County, Texas
76201, for and in consideration of the fulfillment of my desire to have Scenic Uses, as defined
below, situated on the property herein set out, to be named the "Bruce Davis Nature Preserve" in
memory of my deceased husband, have granted, given and conveyed, and by these presents do
grant, give and convey, unto the City of Denton, Texas, a home rule municipal corporation, for
the use and benefit of the City of Denton, Texas, solely for the purpose of establishing and
maintaining an area, being adjacent to the Clear Creek Natural Heritage Area, to protect the
natural and scenic aspects of the Property and to promote the conservation of such natural and
scenic characteristics and associated wildlife habitat values as set forth in and as incorporated
into the Clear Creek Area Management Goals and Strategies, as same may be amended from
time to time, specifically including, without limitation, the construction, reconstruction,
relocation, operation, maintenance and repair of structures, facilities and improvements related to
the promotion of the natural and scenic value of the Property, as well as such other public
educational and recreational uses as are consistent with those goals and the enjoyment of nature
and the outdoors, specifically including, without limitation, hunting, fishing, swimming, boating,
camping, picnicking, hiking, horseback riding, nature study - including bird-watching, bicycling,
jogging, and dog walking; but specifically excluding any such public educational or recreational
activities or structures that are inconsistent with such goals, such as improved sports fields,
stadiums, basketball courts, skate ramps, paintball areas, or uses involving the operation of
motorized vehicles, except as necessary to facilitate parking, service and maintenance of the area
(the "Scenic Uses'), all that certain property more particularly described by metes and bounds in
Exhibit "A", attached hereto and made a part hereof (the "Property").
TO HAVE AND TO HOLD the above-described Property, together with all the rights
and appurtenances lawfully accompanying the Property, subject to the restriction, covenant and
condition that the Property will be henceforth used and maintained by Grantee for Scenic Uses,
and to be named the "Bruce Davis Nature Preserve." This conveyance is made subject to the
flu Cher restriction that Grantee, to the extent within its legal authority as a mineral owner, shall
not use the surface or cause the surface to be used for mining, drilling, exploring, operating, and
developing the Property for oil, gas, and other minerals and for removing them from the
Property.
Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, successors
and/or assigns to WARRANT AND FOREVER DEFEND all the said Property unto the said
Grantee against every person whomsoever claiming or to claim the same or any part thereof, by,
through or under Grantor but not otherwise.
Witness my hand this day of Zf rm 46e~, 2010.
THE STATE OF TEXAS §
COUNTY OF DENTON §
U tSE DAVIS
This instrument was acknowledged before me on this /0' day of~
2010 by LOUISE DAVIS
ti's" ° L:70NNAMON A. MOON
SSION EXPIRES
y 2, 2014
otary Public, S of Texas
My commission expires: 51,216201y
ACCEPTED BY GRANTEE:
George C. Campbell
City Manager, City of Denton, Texas
After Recording Return to:
Jerry Drake
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Exhibit A
All that certain tract or parcel of land situated in Denton County, Texas, about six miles
Northeast from the City of Denton, Texas, out of the Jonathan Douthitt and the John West
surveys and a part of an 83.76 acre tract deeded by G. M. Marriott to A.G. Davis, February 15,
1922, and being more particularly described as follows.
BEGINNING at a large rock monument set in the ground in the West boundary line of the
John West and the East boundary line of the Jonathan Douthitt surveys, 2258 feet North
from the South boundary lines of said surveys;
THENCE North 89 deg. 24 min West 126.8 feet to a corner;
THENCE South 4 deg. 45 min. West 1880.0 feet to a comer a concrete monument in the
City of Dallas line; .
THENCE North 51 deg. 53 min. East with said City of Dallas line at 203.4 feet, the-East
boundary line of the Southitt and the West boundary line of the West surveys at 567.0
feet a corner;
THENCE North 36 deg/ 44 min. East with said City of Dallas line 311.2 feet to a corner;
THENCE North 15 deg. 23 min. East with said City of Dallas line 584.0 feet to a corner;
THENCE North 9 deg. 33 min East with said City of Dallas line 608.6 feet to a corner;
THENCE North 25 deg. 50 min. East with said City of Dallas line 3 82.3 feet to a corner;
THENCE North 34 deg. 04 min. East with said City of Dallas line 296.3 feet to a corner
in the North boundary line of said 83.76 acre tract;
THENCE North 88 deg. 41 min. West with the North boundary line of said 83.76 acre
tract 865.0 feet to a corner in the West boundary line of said West and the East boundary
line of said Douthitt surveys;
THENCE South 3 deg. 26 min. West with the West boundary line of said West survey
425.0 feet to the place of beginning, containing in all 31.8 acres of land, of which 5.7
acres are in the Douthitt survey and 26.1 acres are in the West survey.