2011-121s:\legal\our documents\ordinances\1 lWorestar deed preserve at pecan creek 4-5-1 Ldoc
ORDINANCE NO. 2011-121
AN ORDINANCE ACCEPTING A DEED FROM FORESTAR (USA) REAL ESTATE
GROUP INC., A DELAWARE CORPORATION, CONVEYING TO THE CITY OF DENTON
AN APPROXIMATE 15.378 ACRE TRACT SITUATED IN THE GIDEON WALKER
SURVEY, ABSTRACT NUMBER 1330, DENTON COUNTY, TEXAS FOR PARK AND
RECREATION PURPOSES; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The City of Denton hereby accepts a Deed from Forestar (USA) Real
Estate Group Inc., a Delaware corporation, conveying to the City of Denton an approximate
15.378 acre tract of land for park and recreation purposes, a copy of which deed is attached
hereto and made a part hereof as "Exhibit A".
SECTION 2: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the A2~14Zday of 2011.
C
MARK . BU OU HS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT FORESTAR (USA) REAL ESTATE GROUP INC., a Delaware corporation
("Grantor"), for and in consideration of the sum of Ten Dollars and No Cents ($10.00)
and other valuable consideration paid to Grantor by the CITY OF DENTON, Texas, a
home rule municipal corporation ("Grantee"), has, subject to the reservations and
exceptions set forth below, GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY, to Grantee all of that certain real
property, together with appurtenances thereto and improvements thereon, and together
with all rights and interests of Grantor in and to all adjacent public streets and rights-of-
way, more particularly described as Lot 1, Block 1 of the Preserve at Pecan Creek
Section E, according to the plat thereof recorded as document number 2011-152 of the
Plat Records of Denton County, Texas, and which is described by metes and bounds in
Exhibit "A" attached hereto and made a part hereof (the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
itself, its successors and assigns all oil, gas and other minerals in, on and under and that
may be produced from the Property. Grantor, its successors and assigns shall not have
the right to use or access the surface of the Property, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to
exploration and/or production of the oil, gas and other minerals reserved herein, including
without limitation, use or access of the surface of the Property for the location of any well
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sAlegahour documentslcontracts1111park donation deed-final.doc
or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit
areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other
utility infrastructure, and/or for subjacent or lateral support for any surface facilities or
well bores, or any other infrastructure or improvement of any kind or type in connection
with or related to the reserved oil, gas and other minerals, and/or related to the
exploration or production of same.
As used herein, the term "minerals'' shall exclude (i) all substances (except oil, gas and
associated hydrocarbons) that any reasonable extraction, mining or other exploration
and/or production method, operation, process or procedure would consume, deplete or
destroy the surface of the Property; and (ii) all substances (except oil and gas) which are
at or near the surface of the Property. The intent of the parties hereto is that the meaning
of the term "minerals" as utilized herein, shall be in accordance with that set forth in
Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Grantee covenants to Grantor, that it shall use the Property for park and recreation
purposes.
This conveyance is made subject to the following (the "Permitted
Encumbrances"):
(i) All leases, grants, exceptions or reservations of coal, lignite, oil, gas and
other minerals, together with all rights, privileges and immunities relating thereto,
appearing in the Public Records.
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(ii) Easement executed by J.W. Ward to Southwestern Bell Telephone
Company filed September 26, 1946, recorded in Volume 329, Page 473, Deed Records of
Denton County, Texas.
(iii) Easement executed by J.W. Ward to City of Denton, Texas filed
December 13, 1955, recorded in Volume 417, Page 594, Deed Records of Denton
County, Texas.
(iv) Easement executed by J.F. Huffines, Jr. to City of Corinth, Texas filed
July 11, 1972, recorded in Volume 650, Page 305, Deed Records of Denton County,
Texas.
(v) Easement executed by Neal J. Tinnerello to City of Corinth/Denton filed
February 8, 1973, recorded in Volume 665, Page 419, Deed Records of Denton County,
Texas.
(vi) Easement executed by Shiloah Limited Partnership to City of Denton,
Texas filed January 18, 1989, recorded in Volume 2518, Page 270, Real Property
Records of Denton County, Texas.
(vii) Undivided 1/4 interest in oil, gas and other minerals conveyed in mineral
deed from Thomas K. Fulton to D.O. Fulton filed November 6, 1969, recorded in
Volume 594; Page 82, Deed Records of Denton County, Texas.
(viii) Undivided 1/2 interest in oil, gas and other minerals reserved in deed from
J.L. Allison to H. Grady Baker and wife, Mattie Hogan Baker filed May 12, 1947,
recorded in Volume 335, Page 339, Deed Records of Denton County, Texas.
(ix) Undivided 1/4 interest in oil, gas and other minerals reserved in deed from
Mattie B. Baker, a widow to Billy Jack Massey and wife, Norma Jeanne Massey filed
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April 5, 1963, recorded in Volume 492, Page 333, Deed Records of Denton County,
Texas.
(x) Undivided interest in oil, ' gas and other minerals reserved in deed from
Latina Ann Caudle Huffines, a single woman to RWGP, Inc. filed January 18, 1984,
recorded in Volume 1326, Page 229, Real Property Records of Denton County, Texas.
(xi) Easement executed by Preserve at Pecan Creek, Ltd. to City of Denton,
Texas filed May 18, 2001, recorded in Volume 4840, Page 18, Real Property Records of
Denton County, Texas.
(xii) Undivided interest in oil, gas and other minerals conveyed in mineral deed
from Parliament Bluffs, Ltd., a Texas limited liability partnership to Berkshire Minerals,
Ltd., a Texas limited partnership filed March 12, 2004, under CC# 2004-31135, re-filed
April 12, 2004, under CC# 2004745294 and re-filed September 16, 2005, under CC#
2005-116254, Real Property Records of Denton County, Texas. Waiver of Surface
Rights filed September 16, 2005, under CC# 2005-116258, Real Property Records of
Denton County, Texas.
(xiii) Terms and Conditions of Restoration and Repair Agreement by and
between TRANSCONTINENTAL REALTY INVESTORS, INC. and FORESTAR
(USA) REAL ESTATE GROUP INC., filed April 20, 2007, under CC# 2007-46558,
Real Property Records of Denton County, Texas.
(xiv) Public Drainage Easement executed by FORESTAR (USA) REAL
r
ESTATE GROUP INC. to CITY OF - DENTON, TEXAS, filed June 22, 2007, under
CC# 2007-73739, Real Property Records of Denton County, Texas.
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(xv) Public Utilities Easement executed by FORESTAR (USA) REAL
ESTATE GROUP INC. to CITY OF DENTON, TEXAS, filed June 22, 2007, under
CC# 2007-73740, Real Property Records of Denton County, Texas.
(xvi) Public Drainage Easement executed by FORESTAR (USA) REAL
ESTATE GROUP INC. to CITY OF DENTON TEXAS, filed June 22, under CC# 2007-
73741, Real Property Records of Denton County, Texas.
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee, and its successors and
assigns forever, and Grantor does hereby bind itself and its successors and assigns to
WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, and
its successors and assigns against every person whomsoever claiming or to claim the
same or any part thereof by, through or under Grantor, but not otherwise, subject to the
Permitted Encumbrances.
[SIGNATURE PAGE IMMEDIATELY FOLLOWS]
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IN WITNESS WHEREOF, Grantor has executed this instrument as of the
day of -::3__u L. ( , 2011.
FORESTAR (USA) REAL ESTATE GROUP INC.,
ACKNOWLEDGEMENTS
STATE OF TEXAS §
COUNTY OF §
T is geed was acknowledged before me on the day of
2011, by Thomas H. Burleson, Executive Vice President of
F star (Uk 1, ) Real Estate Group Inc., a Delaware corporation, on behalf s 'd
corporation.
COMM- EXP. 02-23-2013
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AAA D. LOSEY
• ' ~ NOTARY PUBLIC
STATE OF TEXAS
Notary Public, State of Texas
My commission expires:
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Title: Executive Vice President
Exhibit A
Legal Description of Park Property
WHEREAS FORESTAR REAL ESTATE GROUP INC. is the owner of all that tract of
land in the City of Denton, Denton County, Texas, a part of the GIDEON WALKER
SURVEY, ABSTRACT No. 1330, and being all of that 15.378 acre tract of land
described as Tract 2 conveyed to Lumbermen's Investment Corporation as recorded in
Clerk's Document Number 2005.116256, Denton County Deed Records, and being
further described as follows:
BEGINNING at a one-half inch iron rod found at the southeast corner of Lot 1, Block 22,
The Preserve at Pecan Creek, an addition to the City of Denton as recorded in Cabinet R,
Slide 366, Denton County Plat Records, said point being in the northeast line of a tract of
land -conveyed to the City of Denton as recorded in Clerk's Document Number 93-
80058485, Denton County Deed Records;
THENCE with the west line of said 15.378 acre tract and with the east line of said Lot 1,
Block 22 as follows:
North 14 degrees 38 minutes 30 seconds East, 85.30 feet to a one-half inch iron rod
with "JBI Partners" yellow cap set for corner;
Northeasterly, 904.04 feet with a curve to the right having a central angle of 54
degrees 31 minutes 26 seconds, a radius of 950.00 feet, a tangent of 489.53 feet, whose
chord bears North 41 degrees 54 minutes 13 seconds East, 870.31 feet to a one-half inch
iron rod found for corner;
North 69 degrees 09 minutes 56 seconds East, 293.21 feet to a one-half inch iron rod
found for corner;
Northeasterly, 275.00 feet with a curve to the left having a central angle of 10
degrees 09 minutes 56 seconds, a radius of 1550.00 feet, a tangent of 137.87 feet, whose
chord bears North 64 degrees 04 minutes 58 seconds East, 274.65 feet to an "X" found in
concrete;
North 59 degrees 00 minutes 00 seconds East, 263.96 feet to a one-half inch iron rod
found for corner;
Northeasterly, 500.23 feet with a curve to the left having a central angle of 34
degrees 31 minutes 53 seconds, a radius of 830.00 feet, a tangent of 257.97 feet, whose
chord bears North 41 degrees 44 minutes 03 seconds East, 492.69 feet to a one-half inch
iron rod found for corner;
North 24 degrees 28 minutes 07 seconds East, 89.43 feet to a one-half inch iron rod
found for corner, said point being the most northerly corner of said 15.378 acre tract, said
point being in Swisher Road (variable width right-of-way), said point also being in the
west line of an 8.807 acre tract of land conveyed to Lumbermen's Investment Corp. as
recorded in Clerk's Document No. 2005-116256, Denton County Deed Records;
THENCE South 03 degrees 18 minutes 39 seconds West, 608.85 feet with an east line of
said 15.378 acre tract and with Swisher Road to a one-half inch iron rod with "JB
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PartnersI" yellow cap set for corner, said point being the northeast corner of The Preserve
at Pecan Creek, Section B, an addition to the City of Denton as recorded in Cabinet T,
Slide 135, Denton County Plat Records, said point also being in the west line of a 5.47
acre tract of land conveyed to Chris & Sonia Cash as recorded in Clerk's Document No.
2006-43436, Denton County Deed Records
THENCE with a south line of said 15.378 acre tract and with the north line of said
Section B as follows:
South 65 degrees 00 minutes 00 seconds West, 195.07 feet to a one-half inch iron rod
with "JBI Partners" yellow cap set for corner;
South 81 degrees 00 minutes 00 seconds West, 270.00 feet to a one-half inch iron rod
found for corner;
South 54 degrees 24 minutes 10 seconds West, 42.45 feet to a one-half inch iron rod
found for corner;
South 01 degrees 48 minutes 15 seconds West, 76.69 feet to a one-half inch iron rod
found for corner;
Southwesterly, 76.35 feet with a non-tangent curve to the left having a central angle
of 87 degrees 29 minutes 42 seconds, a radius of 50.00 feet, a tangent of 47.86 feet,
whose chord bears South 48 degrees 03 minutes 24 seconds West, 69.15 feet to a one-
half inch iron rod found for corner;
North 85 degrees 41 minutes 27 seconds West, 123.28 feet to a one-half inch iron rod
with "JB PartnersI" yellow cap set for corner, said point being the northwest corner of
said Section B, said point being in the east line of Lot 2, Block A, Preserve at Pecan
Creek Apartments, an addition to the City of Denton as recorded in Cabinet X, Page 740,
Denton County Plat Records;
THENCE North 06 degrees 56 minutes 05 seconds West, 33.39 feet with the line of said
15.378 acre tract to a one-half inch iron rod found at the most northerly northeast corner
of said Lot 2;
THENCE with the southeast line of said 15.378 acre tract and with the northwest line of
said Lot 2 as follows:
South 57 degrees 00 minutes 59 seconds West, 427.68 feet to a one-half inch iron rod
found for corner;
South 06 degrees 06 minutes 13 seconds East, 193.74 feet to a one-half inch iron rod
found at a northwest corner of said Lot 2, said point being the most northerly corner of
Lot 1, Block A, Preserve at Pecan Creek Apartments, an addition to the City of Denton as
recorded in Cabinet X, Page 737, Denton County Plat Records;
THENCE South 38 degrees 59 minutes 33 seconds West, 641.09 feet to a one-half inch
iron rod found at the most southerly southeast corner of said 15.378 acre tract, said point
being in the northeast line of said City of Denton tract, said point also being the most
westerly corner of said Lot, Block A;
THENCE with the southwest line of said 15.378 acre tract and with the northeast line of
said City of Denton tract as follows:
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North 45 degrees 32 minutes 54 seconds West, 16.81 feet to a one-half inch iron rod
found for corner;
Northwesterly, 340.94 feet with a curve to the left having a central angle of 12
degrees 39 minutes 38 seconds, a radius of 1542.93 feet, a tangent of 171.17 feet, whose
chord bears North 51 degrees 52 minutes 43 seconds West, 340.25 feet to the POINT OF
BEGINNING and containing 669,855 square feet or 15.378 acres of land.
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