2012-229s:Uegallour documentslordinances1121edwards acquisition ordinance.doc
ORDINANCE NO. 2012-229
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE FEE SIMPLE T� A 0.289 ACRE TRACT SITUATED IN THE M.E.P. & P.R.R.
COMPANY SURVEY, ABSTRACT NO. 1469, 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
1500 BLOCK OF NORTH 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 (1) ROBERT EARL EDWARDS, DONALD EUGENE
EDWARDS, MYRTLE ELIZABETH EDWARDS AND WILLIAM WARREN EDWARDS
(COLLECTNELY, THE "OWNER"); (2) SUCCESSORS IN INTEREST TO THE OWNER
TO THE PROPERTY 1NTERESTS; OR (3) ANY OTHER OWNERS OF THE PROPERTY
INTERESTS, AS MAY BE APPLICABLE, TO PURCHASE THE PROPERTY 1NTERESTS
FOR THE PURCHASE PRICE OF TWENTY FOUR THOUSAND FOUR HUNDRED
TWENTY TWO DOLLARS AND NO CENTS ($24,422.00), 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; AND PROVIDING AN
EFFECTIVE DATE.
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 a formal
offer to purchase the Property Interests to (i) the Owner; (ii) any and all of Owner's successors in
interest to the Property Interests; or (iii) any other parties who may own any interest in the
Property Interests, as may be applicable.
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, or other owners
of the Property Interests, as applicable, in the form attached hereto and made a part hereof as
Exhibit "B", with a purchase price of $24,422.00 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) make expenditures in accordance with
the terms of the Agreement.
s:llegallour documentslordinances1121edwards acquisition ordinance.doc
SECTION 4. The City Manager, or his designee, is directed, by certified mail, return
receipt requested, to disclose to Owner, or other owners of the Property Interests, as applicable,
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, or other owners of the Property Interests, as
applicable, shall be made in accordance with all applicable law.
SECTION 6. 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 7. This ordinance shall become effective immediately upon its passage and
approval.
�
PASSED AND APPROVED this the %� `- day of I , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
,
By:
�� ` �
.. . � ..� � - , �.
Page 2
�
EXHIBIT "A" - to Ordinance (Property Interests) �
rthur Surve�ing Co., I ne.
.F'x-o.fessioxxaT ..���d Svrs�-�,�vx-�
P.O. Bax S4 � Lewisville, Te�AS 75t�67
Office: (972) 221-9439 --- Fax: (97�) 221-�[675.
. EXHIBIT ��A"
MAYHILL ROAD
RIGHT-OF-WAY
PARCEL M025
� 0.289 Acre
City of Denton, Deuton County, Texas
BEING all' that certain lot, tract or parcel of land situated in the M.E,P. & P.R.R. Go. Survey, Abstract Number
1469 and bein art of that cez�tain tract of land described b deed to Earl Edwards and wife Rutb Bdwards
gP Y � ,
recoxded in Volume 1546, Page 775, Real Property Records, Denton County, Texas (R.P.R.D.C.T.), and being more
particularly described as follows:
13EGINNING at a"PK" Nail set in Mayhill Road for the southeast corner of said Edwards tract and the northeast
corner of a tract of land described by deed to Habib Pyarali Arab, recorded under County Clerk's File Number 2000-
68658, Official Public Records, Denton County, Texas (O.P.R,D.C.T.);
THENCE South 80 degrees 18 minutes 15 seconds West, with the south line of said Edwards tract and the .north
line of said Arab tract, passing a 1/2 inch iron rod found at 30.99 feet, continuing.on for a totaI distance of 72.42 feet
to a 1/2 inch iron rod with yellow cap stamped "Arthur Suryeying Company" (A.S.C.) set for corner at the
beginning of a non-tangent curve to the Ieft whose radius is 1132.50 feet;
TTIENCE over and across said Edwards tract, with said curve to the left, having a central angle of OS degrees 35
minutes 32 seconds, whose chord bears North OS degrees 34 minutes 29 seconds East, a distance of � 10.49 feet, an
arc length oF 110.53 feet to a 1/2 inch irot� rod with yeilow cap stamped "A:S.C." set for corqer; _
THEIVCE North Q2 degrees 46 minutes 43 seconds East, over and across said Edwards tract, a distance of 80.72
feet to a 112 inch iron rod.with yellow cap stamped "A.S.C," set for corner in the noz� line of said Edwards tract
and the south Iine of a tract of land described by deed to Jeny M. Kelsoe, recorded in Voluxne 1823, Page 134,
R.P.R,D.C.T.;
TH�NCE North 80 degrees 18 minutes 15 seconds East, with the north line of said Edwa�•ds tract and the south line
of said Kelsoe tract, a distance of 66.55 feet to a"PK" Nail set in Mayhill Road for the northe'ast corner of said
Edwards tract and the southeast eorner of said Kelsoe tract;
THENGE South 02 degrees 40 minutes 25 seconds West, with Mayhill Road, a distance of 189.81 feet to the
POINT OF BEGINNING and containing 0.289 acre of land, of which 0.113 acre lies within existing 1VIayhill
Road,
C1107131-9
Parcel M025
�«:;�s. K _ ,.. . ,� , , . . _ , . , . .
� \�
!� `.
Y �
(� �
� ,
� ' �
EXHIBIT "A" - to Ordinance (Property Interests).
/ Concrete
MonumentC�
� Found (C.M.) \
I ti
�
, � ,2� � N
� ��s��
� �
�o• . ' q� . � . . ..
Noah L. Turrubiarte I G'� Jerry M. Kelsoe .c�vo� 60 0 30 60 `
Volume 2971, Page 177 � �' o a:
g� Volume 1823, Page 134 d.N
,4y'y� z " � , ' SCALE; 1" = 60'
� Bearings shown hereon based on the Ciry of
�*3, .NgOo i g� ].S��E' Danton �IS Network:
� ((.S�' ,�P set oil
� I I.R•S. � �q 25.a
CJ°. . - �
L_ 1� ` W New Rtght-of way 0.1'�5 ac. (7,629 sq. S.)
� M� �' S�g'15"W 199� i.,� _ Ex�st�ng Implied Dedication 0.113.ac. (4,937 sq. ft.)
�� e� j 0.289 Acre {12,s65 sq. ft.)
� N o� �� Right-of Way
o � � � Parce1 M025
�(��� , exisfing � o �
� '�"'� bullding f.R.S. � A� `� `k'' � �OyO NOTES:
I °� , � °" � w �'' : • I.R:F. = 1/2" Iron Rod Found
build n9 � N ��' N b � I:R.S. .=1/2° Ironi Rod Set with
9 .".�. .�i. �'� O � yellbw cap stamped "Arthur
R-1.132.50 1 � " �
Earl Edwards and � z � o � -Surveying Company" �
wife, Ruth Ed�*ards L=11O.53 � �N •� . All improvements not shown
� Volume 1546, Page 775 Q=05°35'32'x LI �� � hereon '
• Basements recorded iri Vol; 266,
� � Chd. NOS°34,2�9'►E � � Q,' . r�. ?2, voi, 3os, Pg. 257 & Yol,
110.49! xv ' I.R. F. at 462, Pg: 333 do not affect this tiract
�30.99' � to the bsst of my knowledge:
� (C.M.) 'PK" Nalf
J exlsting Set P• �./ • �i.J•
I buildin9 x S _ ,8.16'.
,. . 018, 5 w
x S80 � so2•4o'2�°w
�� + + 7�.42 �— 35.49
� =x �
``� x„x x
� R.F�
ro J � � (C.M.) I , '
�,�g�y� 6�$ ` S8 33 46;.�W I O\r / ,
��/
� ' ~ 49..�0 � �'
�
I{f
' "p
EXHIB IT "B "
Ma yhill Road
Right--of—Way
Parcel M�25
0.289 acre in the
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469,
City of Denton
Denton Countp, Texas
\ -- 2011 --
C1107 3 -9-Pa�ce 0
VEYORS CERTLFICATION:
rslgned doee hereby certlfy to Title
O.P. No. 102998) rhat pus atuvey was
!e bn tLe ground oftheproperty legalfy
u+eon end is cotrect, end to tLa boet of
� o..,.,..,,18e,-thare are no visible dlsciepeaclas;
couilicts, shortngesin erae,.6ouqdacylina conIIicb,
encroachmwts, ovar(epping ofimprovemCata,.
easomenta or dghfs of way tUst ISave been advised
oFe,�4eptaeehownhareon. ,
rt�ur Survey�ng Co., I nc.
.Professio.r�a1 Laud Surveyoris
P.O.Box 64 — Le�viaville, Teaae 75087
Office: (972) 225-9439 Fas: (972) 221-4875
Eststbliehed 1988
��
� �
s:lPegallour documentslcontracts112\edwards purchase agreement.doc
EXHIBIT "B"
TO
ORDINANCE
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 ���!�/ %% ,
2012, but effective as of the date provided below, between Robert Earl Edwards, Donald Eugene
Edwards, Myrtle Elizabeth Edwards and William Warren Edwards (collectively referred to
herein as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Robert Earl Edwards, Donald Eugene Edwards, Myrtle Elizabeth Edwards and
William Warren Edwards are the Owner of a tract of land (the "Land") in the M.E.P. & P.R.R.
Co. Survey, Abstract Number 1469, Denton County, Texas, 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;
s:lfegal\our documentslcontracts\12\edwazds purchase agreement.doc
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 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
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 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 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).
2
s:\iegallour documents\contracts112\edwards purchase agreement.doc
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. As consideration for the granting and conveying of the Fee Lands to the City, the City shall pay
to Owner jointly at Closing the sum of Twenty Four Thousand Four Hundred Twenty Two and
No/100 Dollars ($24,422.00). The monetary compensation prescribed in this Section 2 is herein
referred to as the "Total Monetary Compensation".
3. The Owner sha11 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 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 andlor 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
activities related to the Project on the Fee Lands, whether accruing now or hereafter, and Owner
3
s:ltegallour documents\contracts112\edwards purchase agreement.doc
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 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 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 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 sha11 be readjusted in cash as soon as the amount of
taYes 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 latest date on which this Agreement is executed by the Owner shall be the "Effective 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 opportunity to
m
s:\fegallour documentslcontracts1121edwards purchase agreement.doc
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. 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:
OWNER:
CITY:
Robert Earl Edwards City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Phone Denton, Texas 76209
Telecopy: Telecopy: (940) 349-8951
5
s:llegallour documentslcontracts1121edwards purchase agreement.doc
Copies to:
For Owner: For Citv:
Donald Eugene Edwards Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: Telecopy: (940) 382-7923
For Owner:
Myrtle Elizabeth Edwards
Telecopy:
For Owner:
William Warren Edwards
Telecopy:
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 subject
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
6
s:liegallour documents\contracts1121edwazds purchase agreement.doc
any portion of the Fee Lands, City may, at its election, terminate this Agreement 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 Frank Payne, City Engineer
of City, or his designee.
16. This Agreement may be executed in any number of counterparts, all of which taken
together shall constitute one and the same Agreement.
CITY OF DENTON, TEXAS
By: —�--_.
GE GE C. CAMPBELL,
CITY MANAGER
�. - �� : �ii,/.% 1
�-
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
C
2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �
Date: -��%f�� �r � , 2012
7
s:liegal\our documents\contracts112\edwards purchase agreement.doc
OWNER:
ROBERT EARL EDWARDS
Date: , 2012
DONALD EUGENE EDWARDS
Date: , 2012
MYRTLE ELIZABETH EDWARDS
Date: , 2012
WILLIAM WARREN EDWARDS
Date: , 2012
s:liegallour documents\contracts1121edwards purchase agreement.doc
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges 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
s:llegallour documentslcontracts1121edwards special warranty deed.doc
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
.
ti,
KNOW ALL MEN BY THESE PRESENTS:
That Robert Earl Edwards, Donald Eugene Edwards, Myrtle Elizabeth Edwards
and William Warren Edwards (herein collectively called "Grantar"), for and in
consideration of the sum of TWENTY FOUR THOUSAND, FOUR HLTNDRED
TWENTY TWO AND NO/100 DOLLARS ($24,422.00), 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 acicnowledged 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 fixtures
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,
s:llegal\our documentslcontracts1121edwazds special warranty deed.doc
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 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 lcind 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 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 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, sha11 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.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions]
TO HAVE AND TO HOLD the Property, together with a11 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
claiming or to cla.im the same or any part thereof, by, through or under Grantor, but not
otherwise.
Page 2 of 5
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EXECUTED the day of , 2012.
Robert Earl Edwards
Donald Eugene Edwards
Myrtle Elizabeth Edwards
William Warren Edwards
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2012 by
Robert Earl Edwards.
Notary Public, State of Texas
My commission expires:
Page 3 of 5
s:Uegal\our documentslcontracts1121edwards special warranty deed.doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
ACKNOWLEDGMENT
This instrument was acknowledged before me on , 2012 by
Donald Eugene Edwards.
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2012 by
Myrtle Elizabeth Edwards.
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2012 by
William Warren Edwards.
Notary Public, State of Texas
My commission expires:
Page 4 of 5
s:\legallour documents\contracts\121edwards special warranty deed.doc
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 5 of 5
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
A
R E�HIBIT A- to Special Warranty Deed �
rthur Surveying Co., I ne.
�'.ra.f+ess.iox�a:T ��,nd Sau�sr�ycaxs
P.O. Box 54 --- Lewisville, Texas 75i�67
Ofi'icc�: (972) 221-94�9 � Fax: (97�) 22 1-116 7 5 .
EXHIBIT ��A"
MAYHILL ROAD
RIGHT-OF-WAY
PARCEL M025
� 0.289 Acre
City of Dento�, Denton County, Texas
BEING all' that certain lot, tract or parcel of land situated in the M.E.P. 8c P,R.R. Co. Survey, Abstract Number
1469 and being part of that certain tract o£ land described by deed to Eart Edwards and wife; Ruth Edwards,
recorded in Volume 1546, Page 775, Real Property Records, Denton County, Texas (R.P,R.D.C.T.); and being more
particularly described as follows:
BEGINNING at a"PK" Nail set in Mayhill Road for the southeast corner o£ said Edwards tract and the northeast
corner of a tract of land described by deed to Habib Pyarali Arab, recorded under County Clexk's File Number 2000-
68658, Official Public Records, Denton County, Texas (O.P.R.D.C.T.); '
THENCE South 80 degrees 18 minutes 15 seconds West, with the south line of said Edwards tract and the north
line of said Arab tract, passing a 1/2 inch iron rod £ound at 30.99 feet, continuing on for a total distance of 72.42 feet
to a 1/2 inch iron rod with yellow cap stamped "Arthur Suryeying Company" (A.S.C.) set for corner at the
beginning o£a non-tangent curve to the Ieft whose radius is 1132.50 feet;
TFIENCE over and across said Edwards txact, with said curve to the left, having a central angle of OS d.egrees 35
minutes 32 seconds, whose chord bears North OS degrees 34 minutes 29 seconds $ast, a distance of 110,49 feet, an
arc length of 110.53 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for coruer;
THENCE North 02 degrees 46 minutes 43 seconds East, over and across said Edwards tract, a distanca of 80.72
feet to a 1/2 inch iron rod.with yellow cap stamped "A.S.C." set for corner in the north line of said Edwards tract
and the south Iine of a tract of land described by deed to Jeny M. Kelsoe, recorded in Voluma 1823, Page 134,
R.P.R.D.C.T.;
THENCE North 80 degrees 18 minutes 15 seconds East, with the north line of s.aid Edwards tract and the south, line
of said Kelsoe tract, a disiance of 66.55 feet to a"PK" Nail set in Mayhill Road for the northeast corner of said
Bdwards tract and the southeast corner of said Kelsoe tract; .
THENGE South 02 degrees 40 minutes 25 seconds West, with Mayhill Road, a distance of 184.81 feet to the
POINT OF BEG�I�TNING and containing 0.289 acre of land, of which 0.113 acre lies within existing Nlayhill
Road.
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C1107131•9
Parcel M025
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< � EXHIBIT B- to Special Warranty Deed
/ Concrete
I MonumentC�
Faund (C.M.) \
I � �2� v�
N�
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� �'` :
��, aW
Noah L, Turrubiarte I '� '�'
Volume 2971, Page 177 � ��' �erry M. Kelsoe Q�rn 60 0 30 60 `
�� Volume 1823, Page 134 a.c�
'� z � � SCALE; 1" = 60'
I Bearings shown hereon based on the Gity of
�,°}, ,NgQp 1$� 15���''' Denton GIS Nelwork:
� 66.551 5.09 „P set au
� � i.R.s. �q
�' I
��� r W New Right-of-way 0.175 ac, ('i,629 sq. ft.}
l.R.F, �'�� � 5��W 199� �. Existing Implied Dedication 0.113.ac. (4,937 sq. ft.)
(C.M.) ��' S80 18 � M _
,Q • �� � � 0.289 Acre (12,566 sq. ft.)
� a o � � � Right-of-Way
o � � � Farcel M025 :
� �•' �• exlsting � a �
buflding � �I � � �OyO NOTES:
' I.R.S. %+ � y �� W a; � I.R.F. � 1/2" Iron I2od Found
bulldin9 e �'� rn' N b ' I:R.S. =1/2" Iron Rod Set with
R=1132 50 v � �� Q a yeltOw cap stamped "Arthur
Earl Edwards and � � o � o' ,; Surveying Company" �
wife, Ruth Edwards L=.� 1 �.53 � z � �� • All improvements not shown
( Volume 1546, Page 775 Q=OS°3$'32 `X ul � C/� � hereon
I � • Essements recorded in Vo1: 266,
� Chd.=NOS°34'2�9"E X l Q�j . pg. 72, voi. 3os; �g. as� & voi.
11�.49� x„ r I.R.F. ot 462, Pg; 333 do not affectthis tYact
� 30.99' � to the best of my knowledge;
� I iC.M.) PK" Nai!
( exlst/ng Set p R
( bullding x 28�6� 1• O• JJ•
i, .S• ' � 5���j(%
f_�� �— x Sg� �� �2� ��SO 35.49�NW
_ -r� x x`x�
� �R•��
�ro „�rJ� (CM)w I
— �� ��y0 Sg 33 �6� ��
�- � � Qa��o'6 �_ l�sp .
, �
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, �O
EXHIB IT "B "
Mayhill Road
Ri�ht--of--Way
ParceI M025
0.289 acre in the
M.E.P. & P.R.R. Co. Survey,
Abstract Number 1469,
City of Denton
Denton County, Texas
-- 2011 --
�. P�
BUBVEY0I23 CLRTI�7CAITON:
TLe woderelgaed doee hereby certlfy to Ttde
Reaourcee (Ci.F. No. 1Q2398) thst q�is siuvey was
tlue daymadB on Nu ground of tLa property Iogatly
descrlbed hareou and is corroct, and to tha 6eat of
myknowledgo, thara ere no vlatble disoreyancies,
confltcts, shortnges ia ares,.tiouadatyline conflicta,
� enemechments, ovadapping ofimprovemCnfe, . .
eesammfa ar rlgLfs of urey thet I Lave been edvised
of exqept ae ahowa fiareon. ,
rt�ur Sur�eying Co., Inc.
Prolressio�al Laad Surveyors
P.O.Boa 64 — Leiviaville, Tesas 76087
Oftice: (972) 221-9439 Fau: {972) 221-467fi
Estatbliehed 1988
��—. �. � �—� ; r�
C110713 -�ce 025
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