2012-178s:\legallour documentslordinances1121duncan fmal offer ordinance.doc
ORDINANCE NO. 2012-178
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE FEE SIMPLE TO A 1.364 ACRE TRACT SITUATED 1N THE M.E.P. & P.R.R.
COMPANY SURVEY, ABSTR.ACT NO. 927, LOCATED IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE
1000 BLOCK OF SOUTH MAYHILL ROAD (THE "PROPERTY INTERESTS"), FOR THE
PUBLIC USE OF EXPANDING AND IMPROVING MAYHILL ROAD, A MUNICIPAL
STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO MAKE AN OFFER TO J.G. DUNCAN AND WIFE, FRANCES DUNCAN
(COLLECTIVELY, THE "OWNER") TO PURCHASE THE PROPERTY INTERESTS FOR
THE PURCHASE PRICE OF EIGHTY THREE THOUSAND SIX HUNDRED EIGHTY
DOLLARS AND NO CENTS ($83,680.00), AND OTHER CONSIDERATION, AS
PRESCRIBED IN THE PURCHASE AGREEMENT (THE "AGREEMENT"), AS
ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an Initial Offer to the Owner to purchase the
Property Interests on July 10, 2012, pursuant to Ordinance 2012-127, passed and approved by
the City Council of the City of Denton on June 5, 2012;
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council finds that a public use and necessity exists, and that the
public welfare and convenience require, the acquisition of the Property Interests by the City of
Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition
of the Property Interests is necessary for public use to provide street and roadway expansion and
improvements to serve the public and the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to make the final
offer to the Owner to purchase the Property Interests from the Owner.
SECTION 3. The City Manager, or his designee, is hereby authorized to (a) execute for
and on behalf of the City (i) the Agreement, by and between the City and Owner, in the form
attached hereto and made a part hereof as Exhibit "B", with a purchase price of $83,680.00 and
other consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any
other documents necessary for closing the transaction contemplated by the Agreement; and (b) to
make expenditures in accordance with the terms of the Agreement.
SECTION 4. The City Manager, or his designee, is directed, by certified mail, return
receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the
City relating specifically to the Owner's property and prepared in the 10 years preceding the date
of the offer made by the Agreement.
SECTION 5. The offer to Owner shall be made in accordance with all applicable law.
SECTION 6. If any section, article, paragraph, sentence, pl�rase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �ls day of �' , 2012.
lu : : . : : 1: :�.liZi3:f`� � • '
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
r
By.
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
� � ` • EXHIBIT "A" - to Ordinance (Property Interests)
rthur Surveying Co., Inc.
. Pxof�ss.raxzaX ]C,�xtd Sux�re,grt�z�
P.O. Box 54 -- Lewisville, Te�as 75067
Qfticc: (972) 221-9439 •� Fax: (97�) 221-4675
EXHIBIT "A"
MAYHILL ROAD
RIGHT-OF-WAY
PARCEL M100
1.364 Acres
City of Denton, Denton County, Texas
BETNG a11 that ceriain lot, tract or parcel of land situated in the M,E.P. & P.R.R. Co. Survey, Abstract Number 927,
City of Denton, Denton County, Texas, and being part of a tract of land described by deed to .T, G. Duncan and wife,
Frances Duncan, recorded in Volume 509, Page 327, Deed Records, Denton County, Texas (D.R.D.C.T.), and being
more particularly described as Follows;
BEGINNING at a"PK" nail set in the existing Maykull Road for the southeast corner of said Duncan tract;.
THENCE South 89 degrees 46 minutes 34 seconds West, with the soutlt line of said Duncan tract, a distance of
98.95 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for corner in
the south line of said Duncan tract and the north line of a tract of land described by deed to Carl K, Clay, recorded in
Volume 1149, Page S1B, D.R.D.C.T.;
THENCE North 02 degrees 38 minutes O8 seconds East, over and across said Duncan tract, a distance of 116,47
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C:' set for corner at the beginning of a curve to the left,
having a radius of 9932.50 feet;
THENCE over and across said Duncan tract, with said curve to the left, having a central angle of 00 degrees 47
minutes 26 seconds, whose chord bears North 02 degrees 14 minutes 25 seconds East at 137.04 feet, an arc length of
137.05 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for comer;
THENCE North O1 degrees 50 minutes 42 seconds East, over and across said Duncan tract, a distance of 351.72
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C:' set for corner in the north line of said Duncan tract and
the occupied south line of Bridges Road;
THENCE North 89 degrees 22 minutes 18 seconds East, with the north line of said Duncan tract and the occupied
south Iine of said Bridges Road, a distance of 99.21 feet to a"PK" nail set for comer in said Mayhill Road;
THENCE South 02 degrees 06 minutes 31 seconds West, with the east line of said Duncan tract, and in Mayhill
Road, a distance of 605.94 feet to the POINT OF BEGINNING and containing 1.364 acres of land, of which 0.431
acre lies within existing Mayhill Road. ��`� �
C1107131-21
Parcel M100
EXHIBIT "A" - to �rdinance (Property Interests)
l.R.F � SEC of Lot 2R, Block 3
� Golden Triongle lndustriol Park
Posted �3.3rr• Instr. No. 2010, Pg. 86
BRIDGES ROAD s A°�,
(ROWdocumentsnotFound) N89�22�.�g"E j� � �
99.21' °pK" Nall
0--- --�"— r f.R. S. �� Set
fR, F.
C.M.) S8922'18"W
251.79 � �
� �
� ( 100 0 50 L00
.� I SCALE: 1" =100'
Bearings shown hereon based on the City of
�' � � Denton GIS Network.
M ' �
� � � �� :OTES:
I.R.F. =1/2 Tron Rod Found
�°n ^ b • I.R.S. =1/2" Iron Rod Set with
o� � 3 yellow cap stamped "Arthur
�� � ,D 5urveyingCompany"
� !� •� • Al] improvements not shown hereon.
�� � �� ��
�,� �' `O Q�' CI
� �� � � � R 9932.50'
—x—K �—� '�--•—" °° '� L=13705'
1.G. Duncan and wife, � i"`-^ � •
Frances Duncan i,o o D=00°47'26"
Vo lume 509, Pa ge 327 '�' ��N Chd NO2°14'25"E
��� !. R. S. I:� �� 13 7.04'
I R
exlsting I a
res3d�� � '
New Right-of-way 0.933 ac. (40,646)
Cl f i Existing Implied Dedication 0.431 ac. (18,770 sq. ft,)
6J
,�'.
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��
�• � �
Carl K
Volume 1149,
� 1.364 Acres (59,4I6 sq, ft.)
Right-of-Way
_x_x�,_ _____x_x � Parcel M1U0
l.R.S. � (
o�i � i P.Q.R-
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Page 618 ��
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EXHIBIT "B"
Ma hill Road
Rig�t—of—Way
Parcel M1 �0
1.3fi4 Acres
M.E.P. & P.R.R. Co. Survey,
Abstract Number 927
C:ty of Denton
Denton County, Texas
-- 2011 --
rthur Surveying Co., I nc.
r����o�.r r,�a s��o�
P.O.Boa 54 — Lewisvilie, Tegas 75067
Office: (972) 221-9439 Fag: (972) 221-4676
Estatbiiehed 1986
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated �,�� j„�� ��� ,
2012, but effective as of the date provided below, between J.G. Duncan and wife, Frances
Duncan (collectively referred to herein as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, J.G. Duncan and wife, Frances Duncan, is the Owner of a tract of land (the
"Land") in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, being affected by the public
improvement project called the Mayhill Road Widening and Improvements Project ("Project");
and
WHEREAS, City is in need of certain fee simple lands, being a part of the Land, related to
the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the pai�ties agree as
follows:
1. A. At Closing, the Owner shall grant, execute, and deliver to the City a Special Warranty
Deed (herein so called), conveying to the City, subject to the reservations described below, the
tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain Special
Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special Warranty
Deed being attached hereto as Attachment 1 and made a part hereof.
The Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1 ".
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for themselves,
their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that
may be produced from the Fee Lands. Owner, their heirs, devisees, successors and assigns, shall not
have the right to use or access the surface of the Fee Lands, 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 Fee Lands for the location of any well 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, andJor
related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall
exclude (i) all substances that aiiy reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances (except oil and gas) which are at or near the surface of the
Fee Lands. The intent of the parties hereto is that the meaning of the term "minerals" as utilized
2
herein, shall be in accordance with that set fortl� in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below tlle surface of the earth and all areas above the
surface of the earth.
2, As consideration for the granting and conveying of the Fee Lands to the City, the City shall pay
to Owner at Closing the sum of Eighty Three Thousand Six Hundred Eighty and No/100 Dollars
($83,680.00). The monetary compensation prescribed in this Section 2 is herein referred to as the
"Total Monetary Compensation".
3. The Owner shall convey and grant to the City the Fee Lands free and clear of all debts, liens and
other encumbrances (the "Encumbrances"}. The Owner shall assist and support satisfaction of all
closing requirements of the City in relation to solicitation of releases or subordinations of the
Encumbrances and other curative efforts affecting the Fee Lands, if necessary in the discretion of the
City. In the event that all Encuxnbrances are not cured to the satisfaction of City prior to Closing,
such shall not be a default hereunder, although Owner may otherwise be in default under Section 10,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement.
4. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all
compensation due Owner by City related to the Project, including without limitation, any damage to
or diminution in the value of the remainder of Owner's property caused by, incident to, or related to
the Project, value of, damage to and/or costs of repair, replacement and/or relocation of any
improvements, turf, landscape, vegetation, or any other structure or facility of any kind within the
Fee Lands related to activities conducted pursuant to the City ownership of the Fee Lands,
interference with Owner's activities on other property interests of Owner, caused by or related to
3
activities related to the Project on the Fee Lands, whether accruing now or hereafter, and Owner
hereby releases for themselves, their heirs, devisees, successors and assigns, the City, it's officers,
employees, elected officials, agents and contractors from and against any and a11 claims they may
have now or in the future, related to the herein described matters, events and/or damages.
5. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC, 525
South Loop 288, Suite 125, Denton, Texas, 76205 ("Title Company"), with said Title Company
acting as escrow agent, on the date which is 90 days after the Effective Date, unless the Owner and
the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the
Closing ,Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the
Closing Date shall be the next resulting business day.
6. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing jointly
to the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the
calendar year in which Closing shall occur shall be prorated between Owner and City as of the
Closing Date. If the actual amount of t�es for the calendar year in which Closing shall occur is not
known as of the Closing Date, the proration shall be based on the amount of taxes due and payable
with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon
as the amount of taxes levied against the Fee Lands for the calendar year in which Closing shall
occur is known. The result of such proration is that the Owner shall pay for those taxes attributable
to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments
for prior years due to change of land usage or ownership occurring prior to the Closing Date) and
City shall pay for those taxes attributable to the period commencing as of the Closing Date. All
other typical, customary and standard closing costs associated with this transaction shall be paid
specifically by the City, except for Owner's attorney's fees, if any, which shall be paid by Owner.
7. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this
Agreement.
8.A. In the event Owner, or either of them, shall default in the performance of any covenant or term
provided herein, asid such default shall be continuing after ten (10) days written notice of default and
4
opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity or
otherwise, including without limitation, the remedy of specific perforinance.
B. In the event City shall default in the performance of any covenant or term provided herein, and
such default shall be continuing after ten (10) days written notice of default and opportunity to cure,
Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by
written notice of such election to City; or (ii) enforce specific performance of this Agreement.
9, THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON
COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE
SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY,
TEXAS.
10. From and after the Effective Date of this Agreeinent, through and including the Closing Date,
Owner sha11 not (i) convey or lease any interest in the Fee Lands; or (ii) enter into any Agreement
that will be binding upon the Fee Lands, or upon the Owner with respect to the Fee Lands after the
date of Closing.
11. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and
shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand
delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
O WNER:
J. G. Duncan and wife,
Franc�s Duncan
Phone_
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
5
Copies to:
For Owner: For City:
Telecopy:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
12. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subj ect
matter of this Agreement. Time is of the essence with respect to this Agreement.
13. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Special Warranty Deed.
14. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Fee Lands, City may, at its election, terminate this Agreeinent at any time
prior to Closing.
15. Authority to take any actions that are to be, or may be, taken by City under this Agreement,
including without limitation, adjusting the Closing Date of this Agreement are hereby delegated
by City, pursuant to action by the City Council of Denton, Texas, to Franlc Payne, City Engineer
of City, or his designee.
CITY OF DENTON, TEXAS
By:
GEO GE C. CAMPBELL,
CITY MANAGER
Date: � , 2012
6
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Date: o� � , 2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �' �-t' C�-
Date: �y � � � �� , 2012
OWNER:
�[s�1���K:�l
FRANCES DUNCAN
Date: , 2012
7
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acicnowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time
to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381-1006
Telecopy: (940) 898-0121
:
Printed Name:
Title:
Contract receipt date: , 2012
0
ATTACHMENT 1
TO
PURCHASE AGREEMENT
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.
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF DENTON
.
KNOW ALL MEN BY THESE PRESENTS:
That J.G. Duncan and wife, Frances Duncan (herein collectively called
"Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY
OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called
"Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which
are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property
in Denton County, Texas being particularly described in Exhibit "A" and depicted in
Exhibit "B", attached hereto and made a part hereof for all purposes, and being located in
Denton County, Texas, together with any and all rights or interests of Grantor in and to
adjacent streets, alleys and rights of way and together with all and singular the
improvements and fixiures thereon and all other rights and appurtenances thereto
(collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
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 or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tanlc
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 include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances (except oil and gas) 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 a11
areas above the surface of the earth.
This conveyance is subject to the following:
[Insert Permitted Exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
Page 2 of 4
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
EXECUTED the day of , 2012.
J.G. Duncan
Frances Duncan
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on , 2012 by
J.G. Duncan.
Notary Public, State of Texas
My commission expires:
ACKNO WLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2012 by
Frances Duncan.
Notary Public, State of Texas
My commission expires:
Page 3 of 4
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 4 of 4
Property Tax Bills To: .
City of Denton Finance Department
215 E. McKin.ney Street
Denton, Texas 76201
'� �'' EXHIBIT "A" - to Special Warranty Deed
rthur Surveying Co., I nc.
• Pxofessiozx�.Y g.�d Surv�,yor�
P.O. Bo� 54 -- Lewisviile, Te�as 75067
Of�1cc: (972) 221-9439 •� Fax: (97�) 221-�F675
EXHIBIT "A"
MAYHILL ROAD
RIGHT-OF-WAY
PARCEL MI00
1.364 Acres
City of Denton, Denton County, Texas
BE1NG all that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927,
City of Denton, Denton County, Texas, and being part of a tract of land described by deed to J. G. Duncan and wife,
Frances Duncan, recorded in Volume 509, Page 327, Deed Records, Denton County, Texas (D.R.D.C,T.), and being
more particularly described as follows:
BEGINNING at a"PK" nail set in the existing Mayhill Road for the southeast comer of said Duncan tract;,
THENC� South 89 degrees 46 minutes 34 seconds West, with the south line of said Duncan tract, a distance of
98.95 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for corner in
the south line of said Duncan tract and the north line of a tract of land described by deed to Carl K, Clay, recorded in
Volume 1149, Page 518, D.R.D.C.T.;
THENCE North 02 degrees 3 S minutes 08 seconds East, over and across said Duncan tract, a distance of 116,47
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for comer at the beginning of a curve to the left,
having, a radius of 9932.50 feet;
THENCE over and across said Duncan tract, with said curve to the left, having a central angle of 00 degrees 47
minutes 26 seconds, whose chord bears North 02 degrees 14 minutes 25 seconds East at 137.04 feet, an arc length of
137.05 feet to a 1/2 inch u•on rod with yellovv cap stamped "A.S.C." set for corner;
THENCE North O1 degrees 50 minutes 42 seconds East, over and acxoss said Duncan tract, a distance of 351.72
feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner in the north line of said Duncan tract and
the occupied south line of Bridges Road;
THENCE North 89 degrees 22 minutes 18 seconds East, with the north line of said Duncan tract and the occupied
south line of said Bridges Road, a distance of 99.21 feet to a"PK" nail set for comer in said Mayhill Road;
THENCE South 02 degrees 06 minutes 31 seconds West, with the east line of said Duncan tract, and in Mayhill
Road, a distance of 605.94 feet to the POINT �F BEGINNING and containing 1.364 acres of land, of which 0.431
acre lies within existing Mayhill Road. .��y�
C1107131-21
Parcel MI00
EXHIBIT "B" - to Special Warranty Deed
.
I.R,F. SEC of Lot 2R, Block 3.
'�s Golden Triangle Industrial Park
BRIDGESd ROAD `�sy�" instr. No. 2oio, �g, ss
s,?�o..
(ROWdocumentsnotfound) N89°22�18��� � �
99.21' °PK" Nari
R,�F.�' — — '�' — — l.R. S, �� Set
1C.M.) S8251 79' W v
� o
i �
.a ! ioo o so ioo
°1 � SCALE; 1" =100'
Bearings shown hereon based on the City of
� � � ^ Denton GIS Network.
qF�-
m' I Q
� � 4�
o � � �j� NOTT.R.F. =1/2" Iron Rod Found
o � 'b • I.R.S. = 1/2" Iron Rod Set with
o � �' ,� �� yellow cap stamped "Arthur
Z� � �...� � SurveyingCompany"
v � �� '� • All improvements not shown hereon.
, �J� a � o ��
�� � � � C�
� �� � � ,� R-9932.50'
J.G. Duncan and wife, x—% �—M��„—� i� M L=137.05'
Frances Duncan i o+o D=00°47'26"
Volurne 509, Page 327 �`� /.R.S. I� o Cfid=NO2°14'25"E
�y��' '� ��' 137.04'
�,� ,
��
��
� — —
i A
ezlsting � �
reslden�j � � �
� New Right-of-way 0.933 ac. (40,646)
C1 i i Existing Implied Dedication 0.431 ac. (18,770 sq, ft.)
��� 1.364 Acres (s9,416 sq. ft.)
�, Right-of-Way
-x—„—„_ `.�_� ' Parcel M100
'�'' �.R.s.
v f
� �, �x � P. 0. R.l
� �, :�
O �' y
� �
— — I.R. S. �x � a „ „
S89°46'3�"W � P Set oil
c�i x ci�y 98.95 �
Volume 1149, Page 618 � N^
�
O�
11 If � �
EXHIB IT B
Ma�rhill Road
Rig�it—of—Way
Pa.�ceI M1 QO
1.364 Acres
M.E.P. & P.R.R. Co. Survey,
Abstract Number 927
City of Dentan
Denton County, Texas
--2011 --
rthur Surve�ing Co., Inc.
�ro��o�r r,�.�a s��o�
P.O.Bog 54 — Lewiaville, Tegas 75067
Office: (972) 221-9439 Fag: (972) 221-4876
Estatbliehed 1886