2012-142s:Uegal\our documentslordinances1121bcdot deed ordinance 053112.doc
ORDINANCE NO. 2012-142
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
ON BEHALF OF THE CITY OF DENTON, TEXAS A MEMORANDUM OF AGREEMENT
("MOA") CONTEMPLATING A REAL ESTATE CONVEYANCE FROM THE CITY OF
DENTON TO THE STATE OF TEXAS, OF A 2,174 SQUARE FOOT TRACT OF REAL
PROPERTY, BEING A PORTION OF THE TRACT CONVEYED BY DEED TO THE CITY OF
DENTON, RECORDED 1N VOLUME 2978, PAGE 909, REAL PROPERTY RECORDS,
DENTON COUNTY, TEXAS, AND BE1NG A PORTION OF LOT A, BLOCK 1 OF RN.W.
ADDITION, AN ADDITION TO DENTON COUNTY, TEXAS, RECORDED 1N CABINET H,
PAGE 338, PLAT RECORDS, DENTON COUNTY, TEXAS, AND GENERALLY LOCATED
AT 3228 TEASLEY LANE, DENTON, TEXAS (THE "LAND"); AUTHORIZING EXECUTION
OF A DEED WITHOUT WARRANTY (HEREIN SO CALLED) CONDITIONALLY
EFFECTUATING SUCH REAL ESTATE CONVEYANCE; AND PROVIDING FOR AN
EFFECTNE DATE.
WHEREAS, the State of Texas has requested the City of Denton to convey the Land to it in
connection with reconstruction and widening activities of Farm to Marlcet Road 2181, known within
the City of Denton as Teasley Lane, such activities to occur from approximately Lillian Miller
Parkway to Hickory Creek Road (the "State Project");
WHEREAS, the State has agreed to compensate the City of Denton Forty Two Thousand
Seven Hundred Fifty Five and No/100 Dollars ($42,755.00) for the conveyance, said amount being
the fair market value thereof;
WHEREAS, the terms of the conveyance by the Deed Without Warranty ha�e been
determined to be reasonable and fair, and to constitute the fair market value of the Land, by the City
Council of the City of Denton. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
MOA, attached hereto and made a part hereof as Exhibit "A", contemplating the sale and purchase
of a 2,174 square foot tract, as more particularly described in the Deed Without Warranty.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute a Deed
Without Warranty from the City of Denton to the State of Texas, in the form of the Deed Without
Warranty attached to the MOA and made a part thereof for all purposes as E�ibit "A", conveying a
2,174 square foot tract of land, for expansion and reconstruction of Farm to Market Highway 2181,
as more particularly described in the MOA (Parcel6).
SECTION 3. The Deed Without Warranty shall not be delivered to the State of Texas
unless and until it sha11 have delivered to the City of Denton payment in the amount of Forty Two
Thousand Seven Hundred Fifty Five and No/100 Dollars ($42,755.00), as consideration for the
conveyance.
SECTION 4. The recitals of this ordinance constitute, and are expressly incorporated
herein as, express findings of the City Council of the City of Denton.
SECTION 5. This ordinance shall become effective unmediately upon its passage and
approval.
PASSED AND APPROVED this the /9�� day of , 2012.
i ��
MARK A. BURROUGHS, OR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP VED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:`
BY:
Page 2
Exhibit A
to
Qrdinance
June 1, 2012
MEMORANDUM OF AGREEMENT
City of Denton
c/o George Campbell, City Manager
215 E. McKinney Street
Denton, Texas 76201
Dear Mr. Campbell:
�E�^Y�� �.� �i
_.`_'�,
County: Denion
District: Dallas
Highway No.: FM 2181
ROW CSJ No.: 2054-02-017
Federal Project No.:
Location: From Lillian Miller Pkwy to Hickory
Creek Road
Parcel No.: 6
Our negotiations for highway right of way across your property have progressed to the point that you have
indzcated a willingness to sign a Memorandum of Agreement in return for payment as agreed to in our previous
discussions. It is thought to be in the best interests of both you and the Texas Department of Transportation to
confirm this agreement in order to avoid any possible misunderstanding as to the details of the purchase or the
process by which the Depai�tment will make payment.
Your properiy consists of a 0.0499 (2,174 SF) of an acre of land situated in the C. Poullalier Survey, Abstract
No. 1006, located in Denton County. The right of way being purchased by the Texas Department of
Transportation has been thoroughly explained. The payment in the amount of FORTY-TWO THOUSAND,
SEVEN HUNDRED FIFTY-FIVE DOLLARS and NO/100 ($42,755.00) as herein agreed to will constitute
full payment to be made by the Texas Departinent of Transportation for the property to be conveyed to the State.
Additional Clauses: None
You will not seek attorney's fees related to dismissal of the pending eminent domain proceedings for the above
described real properiy, as provided by Sections 21.019 and 21.0195(c) of the Texas Properly Code.
The State and Ownei�(s) have agreed to the following provisions:
Until payment is made by the State, title and possession of the property to be conveyed remain with you. You
shall bear all risk of loss to any and all such property prior to such payment. Either you or the State shall have the
right to terminate this agreement.
After the date of payment of the purchase price, you will be reimbursed for any fair and reasonable incidental
expenses necessarily incurred in transfei7'ing title to the properiy for use by the Texas Depa�-tment of
Transportation. Expenses eligible for reimbursement may include (1) recording fees, transfer taxes and similar
expenses incidental to conveying the real property to the Department and (2) penalty costs for prepayment of any
preexisting recorded mortgage entered uito in good.faith encumbering the real property. Voluntary unnecessary
expenses or expenses incurred in clearing questionable title will not be eligible for reimbursement. Eligible
incidental expenses will be reimbursed upon submission of a claim supported by receipted bills or other evidence
of actual expenses incurred. You may file a written t'equest for review if you believe that the Department failed to
properly determine the eligibility for or the amount of incidental expenses to be reimbursed. There is no standard
Fonn ROW-N-6 Rev. 3/2004 GSD-EPC Page 1 of 2
AMEC Environment and Infrastructure
4490 Beltrvay Drive, Addison, Texas, 75001
USA
Tel 469-828-4100
Fax 469-828-4110
www.amec.com
C'ity of Denton. June 1, 2012
21 S E. McKinney Street Parcel: 6
Denton, Texas 76201 Memorandum ofAgreement
form on which to request a review of a claim; however, the claim must be filed with this office within six months
after you are notified of the Department's determination on any claim for reimbursement.
The payment of the amount herein stated and the terms provided constitute the only promises, consideration and
conditions of this purchase; and, no other promises, consideration or conditions have been signified or implied,
save and except any benefits which may accrue to you under the State's Relocation Assistance Program and the
mutual benefits to be derived by you and the Texas Department of Transportation from the signing of this
agreement.
The State, without cost to you as the owner, will pay the cost of recording all instruments conveying title to the
State.
With your signing of this agreement and execution of the Deed, being attached hereto and made a part hereof as
E�iibit "A", the State will proceed with the issuance of a State warrant, which will be made out jointly to you and
to Universal Land Title, agent for Lawyers Title Insurance Corporation. This company has been designated as the
State's closing agent and is responsible to see that the Texas Department of Transportation obtains clear title.
They will not endorse the warrant and make payment until clear title is secured. At the same time, you have the
right not to endorse the warrant and accept payment until you are fully satisfied on al l details of the transaction.
Sincerely, Sincerel
_ l/4. B' �' ,G��.�
�
S' erio Garza, Jr. Virgin'a . Edwards, SR/WA
Ri ht o ay Project M ger PM Right o ay Sr. Project Coordinator
C E I, Inc. AMEC E&I, Inc.
I(We) fully understand the Texas Department of Transportation's proposal as contained in this agreement and
hereby acknowledge receipt of the brochure entitled "Relocation Assistance. " I(We) understand that relocation
assistance benefits are handled entirely separate from and in addition to this transaction.
CITY OF DEN
c., —
• 0 GE C. CAMPBELL, CITY MANAGER
ATTEST:
BY:
JENNI ,
Form ROW-N-6
AMEC Environment and Infrastructure
4490 Belrivay Drive, Addison, Texas, 75001
USA
Tel 469-828-4100
Fa�c 469-828-4110
Rev. 3/2004
APPROVED AS TO LEGAL FORM:
BY:
ANITA BUR ESS, CIT ORNEY
www.amec.com
GSD-EPC
Page 2 of 2
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 WITHOUT WARRANTY
STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
This Deed Without Warranty, dated this �r/day of �%2� , 2412,
is by and between the City of Denton, Texas, a Texas home-rule municipal corporation
("Grantor"), whose address is 215 E. McKinney, Denton, Texas 76201 and the State of
Texas ("Grantee"), whose address is Right of Way Division, Texas Department of
Transportation, 4777 East Highway S0, Mesquite, Texas 75150-6643.
VJHEREAS, Grantor is the owner of certain lands, being 2,174 square feet in size,
more or less, located in the C. Poullalier Survey, Abstract No. 1006, City of Denton,
Denton County, Texas, being more particularly described on Exhibit "A", attached hereto
(the "Land");
WHEREAS, the Grantee is in need of said Land in connection with the
construction to, and improvement of, Farm to Market Road 2181, located roughly
between Li11ian Miller Parkway and Hickory Creek Road (the "Project");
WHEREAS, Grantee possesses the authority to acquire the Land, including
through the exercise of eminent domain, pursuant to, without limitation, Chapters 203,
224 and 361 of the Texas Transportation Code;
WHEREAS, Grantor covenants to utilize the Land solely for road or highway
purposes;
WHEREAS, Grantor utilizes lands contiguous to the Land for use as a fire station
and a public library, and ingress, egress and regress over and across the Land by the
Grantor and the public during all times, including without limitation, during times of
construction related to the Project, is of paramount public importance;
WHEREAS, Grantee hereby expressly stipulates that Grantor would not
voluntarily convey the Land to Grantee without the reservation of such ingress, egress
and regress rights, as more particularly set forth below;
WHEREAS, Grantor now desires to convey the Land, as set forth below, to
Grantee.
NOW, THEREFORE, the City of Denton, Texas, a Texas home-rule municipal
corporation, for and in consideration of the sum of One and No/100 ($1.00), and other
good and valuable consideration to Grantor, the receipt and sufficiency of which are
hereby acknowledged and confessed, has, subject to the reservations set forth herein,
GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT,
SELL AND CONVEY, without warranty of any kind or type, unto the State of Texas, for
road or highway purposes, all of the real property located in Denton County, Texas,
described on Exhibit "A", attached hereto.
COVENANTS OF GR.ANTEE.
Grantee covenants that it sha11 use the Land solely for road or highway purposes.
RESERVATIONS FROM CONVEYANCE.
1. Grantor reserves all of the oil, gas and sulfur and other minerals in and under said
Land but waive any and all rights of ingress and egress to the surface thereof for the
purpose of exploring, developing, mining or drilling for the same; provided, however,
that operations for exploration or recovery of any such minerals shall be permissible so
long as all surface operations in connection therewith are located at a point outside the
Land and upon the condition that none of such operations shall be conducted so near the
surface of said Land as to interfere with the intended use thereof or in any way interfere
with, jeopardize, or endanger the facilities of the Texas Department of Transportation or
create a hazard to the public users thereof; it being intended, however, that nothing in this
reservation shall affect the title and the rights of the Grantee to take and use without
additional compensation any water, stone, earth, gravel, caliche, iron ore, gravel or any
other road building materials upon, in and under said Land for the construction and
maintenance of the State Highway System of Texas.
2. Grantor reserves an easement in, on, over and across the Land, for the public and
itself, its successors and assigns, of ingress, egress and regress for pedestrian and motor
vehicle travel at all times, including without limitation, during construction activities
related to the Proj ect.
EXCEPTIONS FROM CONVEYANCE.
Without limiting the general nature of the without warranty conveyance herein, this
conveyance is subject to the following exceptions:
3pecial Warranty Deed Page 2 of 6
1. The following matters affecting the Land as shown on the plat recorded at Cabinet
H, Page 338, Plat Records, Denton County, Texas:
Building setback line located twenty five (25) feet from the East property line.
A drainage and utility easement, 20 feet in width, along the East property line.
2. All visible and apparent easements and all underground easements the existence
of which may arise by virtue of unrecorded grant or use.
3. Rights of tenants in possession under the terms of any unrecorded leases,
subleases and/or rental agreements.
4. Rights of parties in possession.
REPRESENTATIONS AND WARRANTIES OF GRANTEE,
Grantee represents and warrants to Grantor that it has made an independent
inspection and evaluation of the Land and the title to same and the ability and legal
authority of Grantor to execute and deliver this Deed Without Warranty and
acknowledges that Grantor has made no statements or representations concerning the
present or future value of the Land, the state of title of the Land, or the condition,
including the environmental condition of the Land or the ability and legal authority of
Grantor to execute and deliver the Deed Without Warranty to Grantee.
GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, 1NCLUDING, BUT
WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, VALUE, QUALITY,
QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE LAND
AND/OR MATERIALS CONTAINED OR LOCATED 1N, ON OR UNDER THE
LAND, THE NATURE OF THE PAST OR HISTORIC USE OF THE LAND, AND/OR
MERCHANTABILITY OR FITNESS FOR PURPOSE OF ANY OF THE LAND,
ABSENCE OF LATENT DEFECTS, COMPLIANCE WITH LAWS AND
REGULATIONS OR THE ABILITY AND LEGAL AUTHORITY TO EXECUTE AND
DELIVER THIS DEED WITHOUT WARRANTY. Grantee further acknowledges that,
in executing and accepting this Deed Without Warranty, it has relied solely upon its
independent evaluation and examination of the Land, and public records relating to the
Land and the independent evaluations and studies based thereon. Grantor makes no
warranty or representation as to the accuracy, completeness or usefulness of any
information furnished to Grantee, if any, whether furnished by Grantor or any third
party. Grantor, its officers, employees, elected officials, independent contractors, and
agents assume no liabiliiy for the accuracy, completeness or usefulness of any material
furnished by Grantor, if any, or any of its officers, employees, elected officials,
independent contractors and/or agents, and/or any other person or party, if any and
Grantee hereby releases such parties from and against any claims related to such matters.
Reliance on any material so furnished shall not give rise to any cause, claim or action
Special Warranty Deed Page 3 of 6
against Grantor, its officers, employees, elected officials, independent contractors and/or
agents, and any such reliance shall be at Grantee's sole risk.
THE CONVEYANCE OF THE LAND I5 ON A"WHERE IS", "AS IS", AND
"WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR
WARRANTY, EXPRESSED, STATUTORY OR IMPLIED, 1NCLUDING, BUT
WITHOUT LIMITATION, AS TO TITLE, DESCRIPTION, PHYSICAL AND
ENVIRONMENTAL CONDITION OF THE LAND AND/OR MATERIALS
CONTAINED OR LOCATED 1N, ON OR UNDER THE LAND, THE NATURE OF
THE PAST OR HISTORIC USE OF THE LAND, THE QUALITY, QUANTITY AND
VALUE OF THE LAND, FITNESS FOR PURPOSE, MERCHANTABILITY,
ABSENCE OF LATENT DEFECTS AND COMPLIANCE WITH LAWS AND
REGULATIONS RELATED TO THE LAND, THE ABILITY AND LEGAL
AUTHORITY TO EXECUTE AND DELIVER THIS DEED WITHOUT WARRANTY,
OR OTHERWISE. Crrantee has satisfied itself as to the title, type, condition, quality and
extent of the property and property interests which comprise the Land.
Grantor, for the consideration and subject to the reservations and exceptions to
conveyance, grants, sells, and conveys to Grantee the Land, to have and to hold it to
Grantee and Grantee's successors and assigns forever, without warranty, express or
implied, statutory or otherwise, and all warranties that might arise by common law and
the warranties created by Section 5.023 of the Texas Property Code (and all amendments
and successors thereto) are expressly excluded.
�
EXECUTED THIS � 9� DAY OF � l/,L/'�� , 2012.
GRANTOR:
CITY OF DENTON
✓
GEORGE C. CAMPBELL,
CITY MANAGER
Special Warranty Deed Page 4 of 6
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP VED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
BY:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on �ay of , 2012,
by George C. Campbell, City Manager on behalf of the City of Dento , exas.
y.•��lPY��j�, .JEN��IFER K. WALTERS
=_;' •"`e CJoio�j• P�olic, State of Texas
=,� ��; fvly Commission Expires
�"-:;;�o��;;: December 19, 2014
tary P ic, State of Texas ,/
y co 'ssion expires: ���7
GRANTEE:
STATE OF TEXAS
By: _
Name:
Title:
Special Warranty Deed Page 5 of 6
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on day of , 2012,
by , on behalf of the State of Texas.
Notary Public, State of Texas
My commission expires:
Special Warranty Deed Page 6 of 6
EXHIBIT "A"
TO
DEED WITHOUT WARRANTY
County; Aenton
i�igl�way; Fa�zn to Market Road 2181
R.O,W, CSJ: 20�a�02-017
Desc;�ption for Parcal 6
�a�e 1 of 3
Date; Dacemb�r 21, 2007
BETNG, 2,174 square £eet o� land, more or less, in the C, Poullalzer Survey, �.bstract No.
X 006, City of Denton, Denton Caus1ty, Te�cas, and being portio�a of a tract of'land conveyed
bq deed to City of Denton, as recorded fn Volume 2978, Page 909 of tihe Daed Records of
Dento�n County, Texas (D.R,D.C,T), and being a portion of r,ot A, Block 1 0�' it.I�.V1'.
Addition, an addition to De;nton County, Texas, recorded in Cabinet H, Page 338, �'�at
Records Dentan County, Texas, (P.R,D,C.T,), said 2,174 square feet of land being zx►are
particularlydescrzbed as follo�rs;
COMMENCTNG at a 1/2 inch iron �od found at the northwest corner of said R.N�.W,
Addition;
THBNCE, North 88 degrees 32 minutes �7 secoz�ds East along the northerly line of said ,
R.N,W, Addition, a distance of 474.43 feat to a 5/8 inch 'vron xod set with TxDOT aluman.un�
cap on Ehe naw westerly right-o£ v;�ay line of �anxa to Market �.oad 2� 81, and being tlae
POTNT O� BEGINNII�G having NAD 83(1993} Tez�as State �'lane, North Central Zone
{4202) surface coordinates of Norkh 7113922,67, and �ast 2393156.35; �*
1) THENC�, Noz�h $8 degxees. 32 rninutes 37 seeonds East cont�nuing along the ;
tiortherly line of said R,N,W. A.ddition�, a distance o�' 8.73 feet to, apoi�t for eornez' at
the northeast corner of said Lot A, and baialg on tkae existing westerly right-o£-way
line of �arm to Market Road 2I $1, as established by a 10,0 rigbt-of-way dedica�ion,
as per said R.N,W, Addifion;
� 2) THL'NCE, South O1 degrees 27 min.utes 23 seeonds East along the east lino of said
T�ot A, and along said exisiing westerly right-of�way line o£Fazm to Market Road
2181, a distance of 249.68 �eet to the southeast cor.�er of said �ot A;
3) THE�CE, South 88 degree 32 minutes 52 secon�s �W'est,-along the souiherly �ine of
said Lot A, a distan.oe of 8.69 feet to a 5/8 izic�. iron xod sef with TxDdT aluminum
cap on the new �ester�y z�ght�of 'way line of Farm to Tv�arkat Road 2181;**
4) TH�N�CE, departing the souther�y lina of said I.ot A, North O1 degree 27 zninutes 57
seconds 'S7V'est along the nevv westerl� right-of way li.ne of Farm to Matket Road 2181,
a distance of 249.68 feet to tha POZN'T bl� BEG�ING and containing 2,174 squaz�a
feet (0,0499 acz'es) of land, more or less, '
EXHIB IT "A"
County: Denton
Highway: Fartr. to Market Road 2181
R.O,W. CSJ: 2054-02-417
Description for �arcel6
Page 2 of 3
Date: December 21, 2007
�asis of Bearing: Texas Siate �lane Coordinate System, N.A.D. 83, I�oxtf� Central Zona
(4202), All coordinates showrz hereon are surface coordinates using a combined surface
adjustment factor af 1.000157199. Calculations t�vere made utilizing GPS observations
holdi.ng NGS monuments DTO B(PiD AB5965} and Arlington RRP (PID CS3400) in Tune
of X 999. This bearing basis differs fxozn the current Dallas District Te�as Department af
Transportation RTK VR.S Network by 00 degrees 00 zninutes 15 seconds (coub:terelockwise).
(Example - Project Datum - North 12 deg�rees 08 minutes 33 seconds West) = TXDOT KTK -
North 12 degrees 08 minutes 17 seconds West.
** The monumer�t described and set in this call, if destroyed during c�nstruction, may be
replaced with a TxDOT Type IT Right of VJay Ma�ker upon completion of the hi.ghway
consizvction project under tha supezvision of a�Legistered Professional Land Surveyor, either
employed or retained by Tx.DOT.
Ror: Hu1tt-Zollars, Tnc.
D. R x Winches�er
Registered Pro£essiona� Land �urveyor
Texas Reo stration No. 5191
Huitt-Zollars, Inc,
3131 McKinney Avenue
Suite 600
Dallas, Texas 75204 �
ph. (214) 871-3311 ' .
Aafie: December 21, 2007
�� �l �m�
• EXHIBIT "A"
„ • Poge 3 of 3
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"> E: 239315B.35 ;��,z� 20' p�'dlN�h� �
�„t,� .., umirr es�n''ri��
� LOT A
n BL.00K 1
� CITY OF' DENTON
VoL 29r78, PG, 909
D.f�.D.C.T.
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�,N.W. ADD.IT�ON
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I GEN eASls oi BEAPoNC TEXAS 57A1E PIANE CoORblkalE SY57EF1, N.A.o,
'�, FXI571NG RDAOWAY RICHT A PLAT OF A SURVEY a5, NaRTi CFNIRAL ZONE (4202), ALL CADdDINAlES SHOYM HEPEON
'� OF WAY BaUNDARY llNE OF PARCEL 6 FOR FACTORROpCi O,D01�571I89.�C,V.CUlAT1 N8 WRE MA�E I171L121NG GPS�T
�, RIGHT OF WAY I1NE " �_ FARM TO MARKET ROAD 2181 �pUNTON�RRPN(PI�I CSS400) HNJUHE DF 1 89, 1H 5 BFAftIN6 BASIS
PROPERTf �NE " �7 [� T 'j DIFFEPS FROM THE cURRENT PAW.S DI5IRICT TEXtiS DEPhRiMEN7 oF
. 5l1RVEY ll:lE —�— "^— A�Z� �! 4 JQ. � I�� `0.049 9 AC� J sECOND5RiC0UNT�7tcLOCKYAS�(FXA�IPLEO �PROJECT DANM r HORiH
EXISTINC EASEIAENT UNE -- ------ 7RACT OF LAND IN THE 12 DEGRfES �8 A4IMUTES SS SECONDS riEST) = 7%DOT RM - HOR'�H 12
P,O�C, .� POIHT DF GoMMENCING ^ DEGREfS 08 IAINUTFS 17 SECONDS WcST.
p.0,e, � P�IH7 OF BEGINNING C. POULLALIER 5URVEY NOTE� THIS Mh IS NJ WTERNAL TXDO7 DOCUTAENT. ITS C�N7£NTS
b.R,D.C.T� = D�0 RCCORo$ DENiON COUNTY 7FJCA4 /�gSTRACT N0. � OD6 SHN-1, NOT Bc USEO FOR NJY 0'IHER PURPDSE.
. P.R.P�C.7 a PU.T RECORA5 bEkYON COf1N7Y TFXRS CITY �F D�N TON " 7HE MONUMFJIT UESCRIBF� AND SEf IH 1NIS CALL, IF DE51ROYc0
IRF � IRON ROD FOUNb n T TC At- DURIMG CONSiRUCT10N� MAY BE REPLACED Wi7H A TxDDT TYPE II
pe TxOOT N-UM�NUN CM SET ON TfT' OF A 5/0-INCH IRON DEI`iTO� �OUN 1 Y� ry1 LX�'1 7 ��pryS�ftUC710N PROJECTUUND TMTHE SUPFRNSION OTMA REGSiERm
Bp 7�zb0 SBR H7F�DISK"SET IN CONCRE7£ D�CEMBER 21 i L.007 T��SIONAL LAN� SURYEYOR EI'IHER ENPLOYE➢ OR RETwINm 9Y
R.n.w_ cs.1: 2054-02-017
�
,
_
Doc-102822 . .
**** Electronically Filed Document '�***
Denton County
Cynthia Mitchell
County Clerk
Document Number: 2012-102822
Recorded As : ERX-DEED
Recorded On:
Recorded At:
Number of Pages:
Recording Fee:
Parties:
Receipt Number:
Processed By:
September 13, 2012
11:06:21 am
10
$52.00
Direct- CITY OF DENTONTEXAS
Ind i rect-
949046
Jane Morris
************ THfS PAGE IS PART OF THE INSTRUMENT'"*********'`*
Any provision herein which restricts the Sale, Ftental or use of the described REAL PROPERTY
because of cotor or race is invalid and unenforceable under federal law.
7HE srwrE ar'rE�c�s]
U`OUN',J+., COUNTY OF DENTON} �
� •r
� 1 here6y certify th�t thu iirctruaent wss F1LE� in the File Niva6er:equmce on We da�ehire
priMed hemn md ws dWy RECOR�E� in �I.e Oftic:al Itacordr oF Deatort CamTy, Te:es.
� ���
�� * County cicrY �
�x$MQ��� Denton Conaty, 7eza�
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NOTTCE OF CONF�DENTYALTTY RTGHTS: IF YOU ARE A NATURA.L
PERSON, YOU M�iY REMOVE OR �TRIKE ANi' OR ALL OF THE
FOLLOWING TNFOIZM<�TION FRQM AN Y rNSTRUMENT TI�AT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOiJR SOCIAL SECURITY NUMBER
OR YOUR DRIVEl�'S LICEN�E NUMBER
STATE OF TEXAS
COTJNTY OF DENTQN
DEED WITHOiJT WARiZANTY
�
§ KNOW ALL MEN BY THESE PRESENTS
�
This Deed Without Warran dated this ������ �<�' 2Q12
ty, �� � day of ', � '`,� ��`,� �:� > >
is by and between tl�e City a� Denton, Texas, a Texas hame-nzle municipal carporatzoza
("Grantor"), whose address is 215 E. McKiz�ney, De�ton, Te�as Ib201 and the �tate of
Texas ("G�rantee"), whose address is Right of Way Division, Texas Departzx�.ent of
Transportation, 4777 East Highway 80, Mesquite, Texas 75150-6b43.
WHEREAS, Grantor is the own�r of certain lar�ds, being 2,174 square feet in size,
mare or less, located in the C. Po�Ilalier �urvey, Abstract No. 1006, City of Denton,
Denton County, Texas, being more particularly described on Exhibit "A", attachec� hereto
(the "Land"};
WHEREAS, �e Grantee zs in need of said Land in coz�z�.ection with ihe
construciion to, and improvement of, Farm to Market Road 2181, located roughly
between Lillian Miller Parkway and Hickory Cree� Road {the "Project"};
WHEREAS, Grantee possesses the authority to acquire the Land, includzz�g
through the exercise of erninent domain, pF.irsuant to, withaut limitation, Ckzaptexs 203,
224 and 3 61 a� th� Texas Transportatian Code;
WHEREAS, Grazatoz covenax�ts io utilize ihe Land soiely for road or highway
puzpases;
WHEREAS, Grantor utilizes lands contiguous to the Land for use as a fire station
and a public Iibrary, and ingress, egress az�d regxess over and aeross the Land by the
Grantor and the public during all �zzx�es, includ'zng without liznitation, during times of
cansiruction related to the Project, is of paramount public importance;
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WHEREA,S, Grantee hereby expressly stipulates that Grantor would not
vol�tiarily convey the Land to Grantee �rithout the reservation of such ii�gress, egress
and regress rights, as more particularly set forth below;
WHEREAS, Grantor now desires to convey the Lanc�, as set forth below, io
Graziiee.
NOW, THEREFORE, the City of Denton, Texas, a Texas hon�e-nrle municipal
cazpazation, far and in cansidezation o� the sum of One and No/100 ($1.00}, and afiher
good and valuabie co�szdexat�on to Granior, the receipt axzd sufficien.cy of whzch are
hereby acknavvledged and confes�ed, has, s�bj�ct to the reservations set forth herein,
GRANTED, 50LD AND CONVEYED, and by ihese presents does hereby GRANT,
SELL AND CONVEY, without warranty of any kind or type, ►.uito the State of Texas, for
road or highway purposes, all of the real �roperty located in Denton Caunty, Texas,
described on Exhibit "A", attached hereto.
COVENANTS OF GRANTEE.
1. Grailtee cavenants ihat it shall use the Land solely for road or highway purposes.
RESERVATIONS FROM CONVEYANCE.
1. Grantor reserves alI of �he oil, gas and sulfur and other minerals in and under said
Land but waive any and all rights of ingress and egress �o the surface thereof for the
purpose of exploring, developing, mining oz clrilling far the same; pravided, however,
that operations for explorafion or recovery o� az�y suck� mznerals s�al� be perm�ssib�e so
long as a�l surface operations iz� con.nection iberewi-th axe locaied at a point ouiszde ihe
Laz�d and upan the condiiion �hai none of such operations shali be conducted so near the
surface of said Land as to anterfere with the intended use ihereof or in any way interfere
with, jeopardize, or endanger the faciliiies of the Texas Department af Transportation or
creaie a hazard to the public users thereof; it being intended, however, #hat nothing in this
reservation shall af£ect the title and the rights af the Grailtee to take and use without
additional compensation any water, stane, ear�th, gravel, caliche, iron ore, gravel or any
other road building materials upon, in and under said Land for the constructian and
maintenance of the State High�vay Systiem of Texas.
2. Grantor reserves an easement in, on, ovex and ac�oss the Laa�d, fox the public as�d
its�lf, its successors and assigz�s, of z�gxess, egress and xegress for pedesirian ar�d motor
vehicle travel at al] tizxxes, including without limiiation, during construction activities
related �o the �'roject.
EXCEPTIONS FROM CONVEYANCE.
Withoui Ii.zx�.ziing the general nature of the without warranty conveyance h�zein, thzs
conveyance is subject io the following exceptions:
Specsal Warranty beed Page 2 of 6
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1 o The following matters a�fecting the Land as shawn an the plat xecorded at Cabinet
H, Page 338, Plat Records, Denton Count�, Texas:
Building setback line located twenty five (25) feet from the East property line.
A drainage and Utility easement, 20 feet in width, along �he ]East property line.
2. AIl visible and apparent easem�nts and all underground easementis the existence
of which may arise by virt�e of unrecorded grani or use.
3. Rights oi tes�ants in possession under the terzx�.s of any u�2recorded leases,
subleases and/or rental agreez�ents.
�. Rights of parties in possession.
REPRESENTATIONS AND WAIt�NTIES OF GR.ANTEE.
Grantee re�resents and warrants to Granior that it has made an zz�dependent
inspection and eval�ation of the Land and the title to san�e and the ability and legal
authori�y o� Granior to execute ariu deliver tk�is Deed Without Warr���y and
acknowledges that Grantor has made no stateza�ents or representatioals concerning tk�e
present or fi�tuxe value of the Land, the state of tiile of the Land, or the conditzoza,
including the environmental condition of Lhe Land ar t�e abzlity and legal authority of
Grantor to execute and deli�er the Deed Withou� Warranty to Grantee.
GRANI'OR MAKES NO REPRESENTATION� OR WARRA.NTTES
WHAT�OEVER, EXPRESSED, STATUTORY, OR IMPLIED, 1NCLUDING, BUT
W�THOUT LTMITATION, AS TO THE DESCRIPTION, TITLE, VALUE, QUALITY,
QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE LAND
ANDIOR MATERIALS CONTAINED OR LOCATED 1N, ON OR UNDER THE
LAND, THE NATURE OF THE PAST OR HISTORIC USE OF THE LAND, ANDIOR
MERCHANTABILITY OR FITNESS �OR PURPQSE O�' ANY OF THE LAND,
ABSENCE OF LATENT DEFECTS, CQMPLIANCE WITH LAWS AND
REGULATIONS 4R THE ABTLITY AND LEGAL AUTHORITY TO EXECUTE AND
DELIVER THIS DEED WITHOUT WARR.ANTY. Grantee further acknowledges that,
in e�ecuting and accepting tl�is Deed Witho�t Warranty, it has relied solely upon its
independent evaluatzon and exarnination af the Land, and public recards zelating to the
Land and the i�dependeni evaluations and studies based t�iereon. Gra�ntor makes no
warranty ar repxesentaiion as ta the accuracy, completeness ox usefulness of any
infarmation fi�rnished to Grantee, if an.y, whether furnished by Grantor or any third
party. Grantor, its afficers, ezziployees, elected officials, independent co�txactors, and
agents assume no liabiiity £ar ihe accuracy, eompleteness or usefulness of any material
furnished by Grantor, if any, ar ar7y of zts aff cers, employees, elected officials,
tndependent contractors and/oz- agents, andlor any atlaer person or party, i� any and
Graz�.tee hereby releases such parties from and against a�zy claims related to such �xaatters.
Relianee on any material so furnished shall not gzve rise to any cause, claizn or action
Special Warranty beed Page 3 of 6
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againsi Grantor, its officers, employ�es, elected afiicials, independent contraciors andlar
agents, and any such reliance shail be at Grantee's sole xisk.
THE CONVEYANCE OF THE LAND I� ON A"WHERE IS", "AS ZS", AND
"WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATZ4N OR
WARRANTY, EXPRESSED, STATUTORY OR IMPLIED, 1NCLUDING, BUT
WITHOUT LrMITATIQN, AS TO TITLE, DESCRIPTION, PHYSICAL AND
ENVIRONMENTAL CONDITION OF THE LAND AND/OR MATERIALS
CONTAiNED OR LOCATED IN, ON OR UNDER THE LAND, THE NATURE O�'
THE PAST OR HISTORIC USE OF THE LAND, THE QUALITY, QUANTZTY AND
VALUE OF THE LAND, �'ZTNESS FOR PURPOSE, MERCHANTABILITY,
ABSENCE OF LATENT DEFECTS AND COMPLZANCE WITH LAWS AND
REGULATIONS RELATED TO THE LAND, THE ABILITY AND LEGAL
AUTHORTTY TO EXECUTE AND DELIVER THIS DEED WiTHOUT WARRANTY,
OR OTHERWISE. Grantee has satisfied zt�el� as to the iit�e, type, condition, quality and
extent of the property and proper�y interests whzck� caxz�prise the Land.
Graz�tor, for the consideration and subject fo th� reservations and exceptions to
conveyance, grants, sells, and conveys to Grantee the Land, to have and to hold it to
Grantee and Grat�tec's successors aud assigns forever, without warranty, express or
implied, statutory or otherwise, and aIl warranties that might arise by common law an,d
the waxranties created by Section 5.023 of the Texas Property Code (and all amend�en.ts
arzd successors thereto} are expressly excluded.
EXECUTED THIS €=� DAY OF f, ��:� /�'��„ , 2012.
Special Warranty Deed
GR.ANTOR:
CZTY OF DENTON
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GEORGE C. CAMPBELL,
CITY MANAGER
Page 4 of 6
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ATTEST:
�ENNIFER WALTERS, C�TY SECRETARY
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BY `,, � r� �� � �� � .s�..,+ -�
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AP� VED A TO LEGAL �'ORM:
ANZTA BURGESS, CITY ATTORNEY
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BY: _-- � ,• �
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ACKNO WLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
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This instrurnent was acknowledged before zx�e an day a� � �,�w� , 2012,
by George C. Campbell, City Manager on bel�alf of ihe City of Dentar�; exas.
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ta�R� fb°r 1��° �'��l � rv �dV'�� $�'����
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3pecial Warranty Deed
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�T tary Pu }'`ic, Staie of Texas
� y com��ssian expires: ;- � ���
GRANTEE:
STATE OF TEXAS
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Page 5 of 6
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ACKNO WLEDGMENT
�TATE OF TEXAS
COUNTY OF �e�.���'� §
Tlus instrument was acknowledged before me on �� day of ��- , 20I2,
by �� _���; �. __ , a� bek�alf of t�e State of Texas.
5pecial Warranty Deed
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Noiary Public, �tate of Texas
My commission expires: �� �� � "��
Page 6 of 6
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EXHZB�T "A"
County: Denton
Highway: Farm to Market Road 2 i 8 I
R.O.W. CSJ: 2054-02-017
Description for Parcel b
Page 1 of 3
Date: Deeeinber 21, 2007
BEING, 2,174 square feet of land, �nore ox less, in the C. Poullalier Survey, Abstract No.
i 006, City of Denton, Denion Caunty, Texas, az�d being portion of a tract of land canvey�d
by deed to City of Denton, as recorded in Volume 2978, Page 909 aftl�e Deed Records of
Denton County, Texas (D.R.D.C.T}, and beiz�g a portion of Lot A, Block 1 of R.N.W.
Additiorl, an addition to Dentan County, Texas, recorded �n Cabinet H, Page 338, Plat
Records Denton County, Texas, (P.R.D.C.T.), said 2,174 square feet o�land being mor�
particula�ly described as foilows:
COMMENCING at a 1/2 inch iron rod found at the northwe�t corner of said R.N.W.
Addition;
THENCE, North 88 degrees 32 minutes 37 seconds East along tk�e northerly line o� said
R.N.W. Addition, a distance of 474.43 feet to a 5/8 inch iron rad set with TxDOT aluminum
cap on the new westerly right-of-way line of Farm to Market Road 2181, and being the
PO1NT O�' BEGINNING having NAD 83{1993) Texas State Plane, North Central Z�ne
(42�2} surface cflordinates of North 7113922.67, and East 2393158.35; **
1} THENCE, Na�th 88 d�gees 32 rninutes 37 seconds East coz�tinuing along the
northexly line of said R.N.W. Additio�l, a distance of 8.73 feet to a point for corner at
the northeast corner af said Lot A, and beiz�g on the existing rvesterly right-of-way
line of Farm to Marlcet Road 2181, as established by a 10.0 right-of-way dedication,
as per said R.N.W. Addition;
2) THENCE, South O1 degrees 27 minutes 23 seco��ds East along the east line of said
Lot A, and along said existing westerly right-of way line of Farm ta Market Road
2181, a distallce of 249.68 feet to the southeast carner of said Lat A;
3} THENCE, South 8$ degree 32 xr�inutes S2 seconds West, along the southerly line of
said Lot A, a distance of S.G9 feet �o a 5/8 ir�ck� iran rod set with T�DOT aluminum
cap an the nevv westerly right-of-way line of �'anx� to Market I�oad 2181;**
4) THENCE, departin� the southex�y line aisaid Lot A, North O1 degree 27 minutes 57
secorlds West along the new westerly right-af-way line of Farn� to Market Road 2181,
a distance of 249.68 %et to the POINT O�' BEGINIVING and containing 2,174 square
feet (Q.0499 acres) o� land, more ar less.
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EXHIBIT "A"
County: Denton
Highway: Fann to Market Road 2181
R.O.W. CS7: 2054-02-017
Description for Parcel 6
Page 2 of 3
Date: December 21, 2407
Basis of Bearing: Texas State Plane Coazdz�.ate Systeran, N.A.D. 83, North Centzal Zone
{4202), All coordinates shawn hereon are surface coordinates using a combined surface
ad�ustment factar af 1,000157199. Calculatxons were made utilizin.g GPS obsez-vations
holding NGS monuments DTO B(PID AB5965} and Arlington RRP (PID CS3400) in June
of 1999. This bearing basis differs from the current Dallas District Texas Departn�ent oi
Transportation RTK VRS Netwark by 00 degrees 00 znia�utes 15 seconds {countercloc�Cwise).
(Example - Project Daturn - North 12 degrees 08 minutes 33 secands West) = TXD�T RTK -
North 12 degrees 08 �ninut�s 17 seconds West.
** The monument described and set in this call, if destroyed during coi�struction, may be
repiac�d with a TxDOT Type II Ri�t of Way Marker upan cornpletion of the high�ovay
canstructian prajeet under the supervision af a Registered Professional Land Surv�yor, either
e�nnp�oyed or retained by TxD4T.
For: Huitt-Zollars, Inc.
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D. R x Wznchester
Registered Professional Land Surv�yor
Texas Registration Na. 5191
Huitt�Zollars, Inc.
3131 McKinney Avenue
Suite 600
Dalias, Texas '75204
Ph. (214) 871-3311
Date: December 21, 2007
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EXHIBIT "A"
Page 3 of 3
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,STATE OF T�XAS
VOL 400, PG 334 ' ! C
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4 41' �;: $8 3,2'3i„�.., .._ !, ..�...;
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2,174 Sq. �T.
" * — ._._N 01�27'5%W �249.68'— � — .�
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I � E: 2393158.35 20' �Ft'dINA�E &
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BLOCK 1 ��
CITY OF DENTON '
VOL 29'78, PG. 909 ,
D.I�. D. C.7. '
R.N.IN. �ADDITION �� �-°
CA�. H, PG. 338
P.R.D.C.To
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GRAPHiC SCALE
0' 25 50'
�EGEND A PLAT OF A StJRVEY ansi5 0� e�ARiN�: �xAS srAr� P�.A�E cooRa3NAr� 5v5�M r�.a.o.
E7fISi1NG ROAl7WAY RIGM7 83, NORTN CEN7RAL ZOhiE {4202), ALL COOR�INAiES SHaWN HEREON
OF WAY BOUN�ARY LJNE OF' PARCEL 6 F'OR F'AC70ftROfC1.000�57799.�CALIX1LAl70N5MWERE IUA�E UTILIT{NGS PENT
R1GHT OF WAY LINE FARM TO MARKET ROAD 2181 OBSERVAT70N5 HOLDING NGS }AONUAIENTS �TD B(PI� AB5965) AN�
PROPERTY LINE �'-- ARUNGTON RRP (PIP CS34o0) IN JESNE OF 1999. ih115 BEARING 6A515
Sl]I2VEY LINE -�-�-�i---- � A Z,174 SQ. FT., [0.0499 AC.] 1RANSPORTAiION RM VRS NETW RK 9Y OIC�E REES 60PMWlJTE5T15F
EXl5T1NG �ASEM£NT L1NE ------------ ��ACT Or LAND IN TI�I� 12C�EG EESp09 FIINUTESK33S9EOON�SPl5�5T) P�Ti( OT RTKM N RTHTM2
P.O.C. = PDINT OP COMMENqNG
P.O.B. = POW7 OF BEGINNING C. POULI.,4LIER SURVEY �EGREES 08 MINUTES 37 SECON65 WEST.
1].RA.C.T. _ �EE� RECOR�S �ENTON COl1NTY TE%AS ABSTRACT N0. I V�� SHAE NOIT B�ll ED F RTPNY OTHpR P RPOSEENT. ITS CONTEN75
P.R.�,C.T. = PLAT RECbRDS pETITPN CDUNTY 1EXA5
IRF = IRON R0� POl1N0 C1TY OF DENTON `* 7HE MDNUMENT €3ESCRIBE� AND SET IN Tr115 CALL, IF DESTROYE6
�ET�/ nl1RING CONSiRUC71�N, MAY BE REPLACED WITH A Yx��T TYPE II
a� UN OSSAOTtiIERWISE N6TE� ON TOP OF A 5/6-kNCH IRON DENTON C�UIY I k, TEXAS CPNSTRUC�ION PROJECT UN ER THE 5l1PERVi510NFOF A RIE ISTERE�
ep= TxDOT BRpNZE pISK SET IN CONCRETE DEC�MBER 21 � G�� / Tx60T5510NAL LAN� SLIRVEYOR EIiHER EMPLOYE� OR RETAINE� BY
R.o.w. cs�: 20�4-02-0�7