2012-180s:llegal\our documentslordinances1121barber final offer ordinance.doc
ORDINANCE NO. 2012-180
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE FEE SIMPLE TO A 0.398 ACRE TRACT LOCATED 1N THE M.E.P. & P.R.R.
CO. SURVEY, ABSTRACT NUMBER 927, CITY OF DENTON, DENTON COUNTY,
TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED
HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE 1100 BLOCK
OF SOUTH MAYHILL ROAD (THE "PROPERTY 1NTERESTS"), 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 LEROY BARBER AND LUCY I. BARBER, TRUSTEES OF THE LEROY
BARBER AND LUCY I. BARBER FAMILY TRUST, DATED MAY 18, 1994 (THE
"OWNER") TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE PRICE
OF FIFTY FIVE THOUSAND DOLLARS AND NO CENTS ($55,000.00), AND OTHER
CONSIDERATION, AS PRESCRIBED 1N THE PURCHASE AGREEMENT (THE
"AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT
"B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AUTHORIZING
RELOCATION EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an Initial Offer to the Owner to purchase the
Property Interests on May 24, 2012, pursuant to Ordinance No. 2012-103, passed and approved
by the City Council of the City of Denton on May 15, 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:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Council finds that a public use and necessity exists, and that the
public welfaxe 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 execute for and
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 $55,000.00 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.
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. The City Manager is authorized to make expenditures in accordance with
(i) the terms of the Agreement; and (ii) Ordinance No. 2012-073, dated April 17, 2012,
pertaining to relocation related expenses and advisory services.
SECTION 7. If any section, article, paragraph, sentence, phrase, 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 8. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �/�day of t , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APP VED A O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
EXHIBIT "A" - to Ordinance (Property Interests)
� r�hur Surveying Co., Inc.
�rofaesszox�a.Y �-ax��d ��s`��.3'ors
P.O. Box 54 —• Lewisville, Texas 75067�
OfFce: (972) 221-9439 --- Fax: (972) 221-4675
EXHISIT "A"
MAYHILL ROAD
RIGHT-OF-WAY
PARCEL M115
0.398 Acre
City of Denton, Denton County, Texas
BEING 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 a ixact of land described by deed to Leroy Barber and wife,
Lucy Barber, recorded in Volume 465, Page 110, Deed Records, Denton County, Texas (D.R.D.C.T.), and being
more particularly described as follows:
BEGINNING at a"PK" Nail set for the southeast corner of said Barber traet and the northeast corner of a tract of
land described by deed ta Richard Moon and wife, Shirley Moon, recorded in Volume 505, Page 216, D.RD.C.T.,
and being in the existing Mayhill Road;
TH�NCE South 89 degrees 03 minutes 42 seconds West, with the south line of said Barber tract and the north line
of said Moon tract, a distance of 29,02 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying
Company" (A,S.C.) set for corner;
THENCE South 88 degrees 40 minutes 02 seconds West, with the south line of said Barber tract and the north line
of said Moon tract, a distance of 13.30 feet to an "X" set for corner in concrete;
'I'HENCE South 75 degrees 37 minutes 02 seconds West, with the south line of said Barber tract and the north line
of said Moon tract, a distance of 48.92 feet to a]/2 inch uon rod with yellow cap stamped "A.S.C." set for corner;
THENCE South 40 degrees 31 minutes 33 seconds West, with the south line of said Barber tract and the north line
of said Moon tract, a distance of 16,b9 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner;
THENCE North 02 degrees 38 minutes 08 seconds East, over and across said Barber tract, a distance of 142,04 feet
to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner;
THENCE North 44 degrees 00 minutes 56 seconds West, over and across said Barber tract, a distance of 27.46 feet
to a 1/2 inch iron rod with yellow cap stamped "A.S,C." set for comer;
THENCE North 02 degrees 38 minutes Q8 seconds West, over and across said Barber tract, a distance of 25.36 feet
to a"PK" Nail set for corner on the north line of said Barber tract, and being in Gayla Drive;
THENCE North 89 degrees 20 minutes 02 seconds East, with the north ]ine of said Barber tract and said Gayla
Drive, a distance of 119.28 feet to a"PK" Nail set far the northeast corner of said Barber tract, and being in the
existing Mayhill Itoad;
T13ENCE South 02 degrees 35 minutes 02 seconds West, with the east line of said Barber tract and with said
Existing Mayhill Aoad, a distance of 162.90 feet to the POINT OF BEG ,.eTG and containing 0.398 acre of
land, of which 0.168 acre lies within the existing Mayhill Road. ��� �
C1 1 07 13 1-24
Parcel M115
� G;7 �`r ��tiCi:, . ._ ��N
p yi
DCJfi! . . ., ...}.,.,, i i iUF3
� <'.,��.�� =:357 t� :�.,
�`C��G�rS c11.�!��
� ��`� 5� r'i �` i �1 �
2'
� - �1. �
EXHIBIT "A" - to Ordinance (Property Interests)
I � �, �
�
� Walter Ronnie Kingston &
' �'fe, Margaret Ann Kingstanl -
Volume 780, Page 699
I �
I �
occupled north Ilne —J
of Ga�la drive — —
N89°20'02"E
Gayla P SeNail 119.28'
,��+..��.
; — lmplied
Dr1ve L6 Dedication
d fence ( 7 310 sy ft)
I.R,F.
(C.M.)
Z
0
v
��
-? V
�
„PK" Nai7
Set
(no RaW documents foun ) rF— x�� '
occupled south llne �,R,$, I
of Gayla d�tve x X � p
LS I � a,
I.R.S �� �
(10,032 sq. R.) � ,�
O �3�� , �
nj existfng •o � N
�} reslden� I � O
4
+� a
Ci�' ° �l
Op ���' � O
O x '�
�
1-+-1 a�'
3
�
F�1-�
��
�
f
N
60 0 30 60
SCA1,E: 1" = 60'
Bearings shown hereon based on tl�e City of
Denton GiS Network.
NOTES:
• I.R,F. = 5/S" Iron Rod Found
• I.R.S. = 1!2" Iron Rod Set widi
yelloti*� cap stamped "Arthi�r
Surveying Company"
• All improvements not shown hereon.
� �I ��+ � � New Right-of-way 0.230 ac. (10,032}
Leroy Harber & wife, �
Lucy Barber � '�
Volume 485, Page 110 �j�
,�''
.�.• i.R.s.
9raild Existing Implied Dedication 0.168 ac. (7,310 sq. ft.)
9 �x�� 0.398 Acre (17,342 sq. 8.)
Set �' S' ��PK" Nail
L2 LI set Right-of-Way
i.R.s. T3 Parcel M115
,� , .
� �i
t9• / Richard Moon & wife,
�' j Shirley Maon
�j' Volume 506, Page 216
Y '' /
/
� — —
Richard Maon & wife,
Shirley Moon
Volume 479, Page 431
(remainder)
EXHIBIT "B" ,
Mayhill Road ;
Ri.ght — of — Way �
Parcel M115 '
]
0.398 Acre
M.E.P. & P.R.R. Co. Survey,
Abstract Number 927
City of Denton
Denton County, Texas
-- 2012 --
�
A .
tl, o
�
��
�
O N
�
„PK„ Noil
Found
(C.M.)
1'33
; "W 29, 02'
"W 13.30'
"W 48.92'
"W 1 b.69'
�"W 27.46'
� "E 25.36'
rthur Surveyi�g Co., In�.
FrofessYOnaX Land Surveyars
P.O.Box 54 - Lewisville, Tesas 76067
Office: (972) 221-9439 Fax; (972) 221-�167"
Estatblished 1986
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED SELOW), 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 �% ,
2012, but effective as of the date provided below, between Leroy Barber and Lucy I. Barber,
Trustees of the Leroy Barber and Lucy I. Barber Family Trust, dated May 18, 1994 (referred to
herein as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Leroy Barber and Lucy I. Barber, Trustees of the Leroy Barber and Lucy I.
Barber Family Trust, dated May 18, 1994 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 Proj ect; 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 parties 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 reservation 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 itself, its
successors and assigns all oil, gas and other minerals in, on and under and that may be produced
from the Fee Lands, Owner, its 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, seisrnic activities, tanks or tank batteries, pipelines, roads, electricity or other
utility infrastructure, andlor 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 sarne.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall
exclude (i) all substances 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 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
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 Fee Lands" 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.
2
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 Fifty Five Thousand and No/100 Dollars ($55,000. 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 Encumbrances 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 stipu�ates 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, including without limitation, residential structures located 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 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, City, it's officers, employees,
3
elected officials, agents and contractors from and against any and all 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 180 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 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 taxes 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 `Bffective Date" of
this Agreement.
8.A. In the event Owner 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
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 performance.
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 Agreement, through and including the Closing Date,
Owner shall 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. Owner shall (a) deliver to City, a true, correct and complete copy of the trust agreement of
the Leroy Barber and Lucy I. Barber Family Trust, dated May 18, 1994, identifying the "true
owner" of the Fee Lands; and (b) identify the "true owner" of the Fee Lands to City, all in
accordance with Section 2252.092 of the Texas Government Code.
12. 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:
5
OWNER:
Leroy Barber and Lucy I. Barber,
Trustees of the Leroy Barber and
Lucy I. Barber Family Trust
Phone
Copies to:
For Owner:
Telecopy:
CITY:
City of Denton .
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Citv:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
13. 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 subject
matter of this Agreement. Time is of the essence with respect to this Agreement. Relocation
advisory services and relocation financial assistance, if applicable pursuant to Ordinance No.
2012-073 (the "Relocation Ordinance") shall be administered as provided by the Relocation
Ordinance, aside and apart from the transaction contemplated by this Agreement.
14. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Special Warranty Deed and/or Easement.
15. 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 Property, City may, at its election, terminate this Agreement at any time prior
to Closing.
[:j
16. 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, is hereby delegated
by City, pursuant to action by the City Council of Denton, Texas, to Frank Payne, City Engineer
of City, or his designee.
CITY OF DENTON, TEXAS
By:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: 5 , 2012
ATTEST:
JEN1vIFER WALTERS, CITY SECRETARY
BY:
Date: r� , 2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: . ,
Date: _ ��- f �� �` `� , 2012
CI]�.'/►1 �1.�
LEROY BARBER, TRUSTEE OF THE
LEROY BARBER AND LUCY I. BARBER
FAMILY TRUST, DATED MAY 18, 1994
LUCY I. BARBER, TRUSTEE OF THE
LEROY BARBER AND LUCY I. BARBER
FAMILY TRUST, DATED MAY 18, 1994
Date: , 2012
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
I�
Printed Name:
Title:
Contract receipt date: , 2012
E
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 Leroy Barber and Lucy I. Barber, Trustees of the Leroy Barber and Lucy I. Barber
Family Trust, dated May 18, 1994 (herein 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, subject to the reservations set forth below, 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 on Exhibit "A" and depicted on Exhibit "B", both 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 fixtures thereon and all other rights and appurtenances
thereto (collectively, 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 Pxoperty, 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 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, andlor 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, gas and all 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.
This conveyance is subject to the following:
[Insert Permitted Exceptions, if any]
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging tmto 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 claiming or to
claim the same or any part thereof when the claim is by, through, or under Grantor but not
otherwise.
EXECUTED the day of , 2012
Leroy Barber, Trustee of the Leroy Barber and
Lucy I. Barber Family Trust, dated May 18, 1994
Lucy I. Barber, Trustee of the Leroy Barber and
Lucy I. Barber Family Trust, dated May 18, 1994
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on , 2012 by
Leroy Barber, Trustee of the Leroy Barber and Lucy I. Barber Family Trust, dated May 18,
1994.
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF
COUNTY OF
This instrument was acknowledged before me on , 2012 by Lucy
Barber, Trustee of the Leroy Barber and Lucy I. Barber Family Trust, dated May 18, 1994
Upon Filing Return To;
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, TX 76209
Notary Public, State of Texas
My commission expires:
Tax Bills To:
City of Denton Finance Department
215 East McKinney Street
Denton, Texas 76201
EXHIBIT "A" - to Special Warranty Deed
-� rthur Surve�ing Co., I nc.
.�'xof�sszox�aY �,ar�c�d ,Saxx-ve,�ors
P.O. Box 54 --- Lewisville, Texas 75067
Of�ce: (972) 221-9439 --� Fax: (972) 221-4675
EXHIBIT "A"
MAYHILL ROAD
RTGHT-OF'-WAY
PARCEL M115
0.398 Acre
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situafed in the M.E,P. & P.R.R. Co. Survey, Abstract Number 927,
City of Denton, Denton County, Texas, and being part a txact of land described by deed to Leroy Barber and wife,
Lucy Barber, recorded in Volume 465, Page 110, Deed Records, Denton County, Texas (D.R.D.C.T.), and being
more particularly described as follows:
BEGINNING ai a"PK" Nail set for the southeast corner of said Barber tract and the northeast corner of a tract of
land described by deed to Richard Moon and wife, Shu•ley Moon, recorded in Volume 505, Page 216, D.R.D.C.T.,
and being in the existing Mayhill Road;
THENCE South 89 degrees 03 minutes 42 seconds West, with the south line of said Barber tract and the north line
of said Moon tract, a distance of 29.02 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying
Company" (A,S.C.) set for comer;
THENCE South 88 degrees 40 minutes 02 seconds West, with the south line of said Barber tract and the north line
of said Moon �act, a distance of 13.30 feet to an "X" set for corner in concrete;
THENCE South 75 degrees 37 minutes 02 seconds West, with the south line of said Barber tract and the north line
of said Moon tract, a distance of 48.92 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner;
THENCE South 40 degrees 31 minutes 33 seconds West, with the south line of said Barber tract and the north line
of said Moon tract, a distance o£ 16.69 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner;
THENCE North 02 degrees 38 minutes 08 seconds East, over and across said Barber tract, a distance of 142.04 feet
to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for cornex;
THENCE North 44 degrees 00 minutes 56 seconds West, over and across said Barber tract, a distance of 27.46 feet
to a 1/2 inch iron rod with yellow cap stamped "A,S.C." set for coznex;
THENCE North 02 degrees 38 minutes 08 seconds West, over and across said Barber tract, a distance of 25,36 feet
to a"PK" Nai1 set for corner on the north line of said Barber tract, and being in Gayla Drive;
THENCE North 89 degrees 20 minutes 02 seconds East, with the north line of said Barber tract aud said Gayla
Drive, a distance of 119.28 feet to a"PK" Nail set for the northeast corner of said Barber tract, and being in ehe
existing Mayhill Road;
THENCE South 02 degrees 35 minutes 02 seconds West, with the east line of said Barber tract and with said
Existing Mayhill Road, a distance of 162.90 feet to the POTNT OF BEG�D �G and containing 0,398 acre of
land. of which 0.168 acre lies within the existing Mayhill Road. �,--� ���
J/��j �` ��,tp�;�...... ,y�� 1
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� DOL:� • . .. r: : i HU�i
C1 1 0713 1-24 ".,. ' ."..•.... :...,
ParcetM115 '�.• :�,;�� �;357 �y;
C,g'�' p�.r,c c ,�� ���t`
. � � t`� E3 Fi� �: L?.'"1
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EXHIBIT "B" - to Special Warranty Deed
I �
, �
�
� Walter Ronnie Itingston &
���wwwiiife, Margaret Ann Kingstonl -
I Volvme 780, Pege 699
I
� I
� �
occupled north Ilne �
of Ga�la drlve ._ —
N89°20'02"E
Gayla "P set °'' 119.28�
,.. � �.... �. � �.
; "� lmplied
Drive L6 Dedication
d fence (7310Sq ft)
R, F.
C. M.)
Z
0
V
��
-P V
�
„PK" Nai!
Sef
(na ROW documenfs foun ) rf— x� ,
occupled south llne �,}�,$, I �
af ca�a a�r�e LS X " ��o°�
I.R.S I I
(10,032 sq. R.) �� �
� �
O �9�'� � �
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resfden��' � p
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r�l b �
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ox � r/]
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1'�"1
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N
60 0 30 60
s
SCAI.E: 1" = 60'
Bearings shown hereon based on tl�e City of
Denton GIS Network.
NOTES:
• I.R.F. = 5/8" Iron Rod Found
• I.R.S. = 1/2" Iron Rod Set with
yellow cap stamped "Arthi�r
Surveying Company"
• A]i improvements not shown hereon.
� 0O �� � New Right-of-way 0.230 ac. (10,032)
M
o � q(a �d I Existing Implied Dedication 0.168 ac. (7,310 sq, ft.)
Leroy Barber & wife, �� .x�� � S 0.398 Acre (»,342 sq. $.)
Lucy Barber �� Set P SeNQ�'
Volume 466, Page 110 �i �,R.s. LZ LI Right-of-Way
L3 Parcel M115
.�..�� .s. L4 r n n
,� . �
� �
/
� . / Richard Moon & wife,
Shirley Moon
�j' yolume 506, Page 216
�'� /
/
� — — _ �
Richard Maon & wlte,
Shirley Moon
Volume 479, Page 431
(remainder)
EXHIB IT "B " ,
Mayhill Road ;
Right—of—Way �
Parcel M115 '
�
0.398 Acre
M.E.Po & P.R.R. Co. Survey,
Abstract Number 927
City of Denton
Denton County, Texas
-- 2012 --
3
S
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h
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N
�
O "PK" Noil
Found
(C.M.)
LINE TABLE
S89°03'42"W 29.02'
S88°40'02"W 13,30'
S'75°37'02"W 48,92'
540°31'33"W 16,69'
N44°00'S6"W 27.46'
N�2°.9R'ns��E 25.36�
rthur Surveyi�g Co., Inc.
Fi�ofessionad La.nd Surv�yazs
P.O.Box 54 - Lewisville, Texas 76067
Office; (972) 221-9439 Fax: (972) 221-467�
Estatblished 1986