2012-313z:lordinances1121miles land company ordinance.doc
ORDINANCE NO. 2O 12-313
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE FEE SIMPLE TO A 0.586 ACRE TRACT LOCATED 1N THE MORREAU
FORREST SURVEY, ABSTRACT NUMBER 417, CITY OF DENTON, DENTON COUNTY,
TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED
HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE 600 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 (1) MILES LAND COMPANY, 1NC., A TEXAS CORPORATION (THE
"OWNER"); (2) SUCCESSORS 1N INTEREST TO THE OWNER TO THE PROPERTY
INTERESTS; OR (3) ANY OTHER OWNERS OF THE PROPERTY 1NTERESTS, AS MAY
BE APPLICABLE, TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE
PRICE OF SIXTY THREE THOUSAND SIX HUNDRED NINETY ONE DOLLARS AND
NO CENTS ($63,691.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE
PURCHASE AGREENIENT (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:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council iinds 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 $63,691.00 and other consideration, plus costs and
expenses, all as prescribed in the Agreement; and (ii) any other documents necessaxy for closing
the transaction contemplated by the Agreement; and (b) 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, or other owners of the Property Interests, as applicable,
�J
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 sha11 become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �Q�`� day of G!'G�t�i'7� , 2012.
M A. U H, AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: l�
APP VED S TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: �� ��
EXHIBIT "A" - to Ordinance (Property Interests)
rthur Surveying Co., I nc.
Prof�ssiorla.Y JG��d Sxxx6reyoxs
P.O. Box 54 --� Lewisville, Texas 75�67 _
Qf�co: (972) 221-9439 •- Fax:.(972) 221-4675
EXHIBIT "A"
MAYHILL ROAD
RIGHT-OF-WAY
PARCEL M104
0.586 Acre
City of Denton, Denton County, Texas
BEllVG all'that certain lot, tract or parcel of land situated in the Morreau Forrest Survey, Abstract Nuinber 417; City
of Denton, Denton County, Texas, and being part of a ixact of land described by deed to Miles Land Company,
recorded under County Clerk's File Number 2000-3838, Real Property Records, Denton County, Texas
(R.P.R.D.C.T:), and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A:S.C.) found for the .
northwest corner of said Miles Land Company tract and �tbe southwest corner of a tract of land described by de�d to
the City of Denton, recorded under County Clerk's File Number 97-19639, R.P.R.D.C.T., and being in Mayhill
Road;
THENCE North 75 degrees 28 minutes 16 seconds East, with the north line of said Miles Land Company tract and
a south line of said City of Denton tract, a distance of 85.75 feet to a 1/2 inch iron rod with yellow cap stamped
"A.S.C." set for corner at the beginning of a non-tangent curve to the right, having a radius of 2567.50 feet;
THENCE over and across said Miles Land Company tract, with said curve to the right, having a central angle of 03
degrees 46 minutes 24 seconds, whose chord bears South 06 degrees 30 minutes 45 seconds West a distance of
169.05 feet, an arc length of 169.08 feet to a 1/2 inch iron rod with yellow cap stamped "A.S,C." set for corner;
TH�NCE South 08 degrees 23 minutes 57 seconds West, over and across said Miles Land Company tract, a
distance of 233.39 feet to a"PK" Nail set in asphalt for corner in the north line of a tract of land described by deed
to Kukahi Corporation Solutions, Inc., recorded under Instrument Number 2009-137926, Official Public Records,
Denton County, Texas;
THENCE North 87 degees 25 minutes 15 seconds West, over and across said Miles Land. Company tract and with
the north line of said Kukahi Corporation tract, a distance of 46.59 feet to a"PK" Nail set in asphalt fox corner in the
west line of said Miles Land Company tract and tbe northwest corner of said Kukahi Corporation tract, and being in
Mayhill Road;
THENCE North 02 degrees 33 minutes 51 seconds East, with the west line of said Miles Land Cornpany tract and
in Mayhill Road, a distance of 375.62 feet to the POINT OF BEGINNI1�tG and containing 0.586 acre of land, of
which 0.1181ies within existing Mayhill Road.
C1107131-15
Parcel M104
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EXHIBIT "A" - to Ordinance (Property Interests)
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too o so ioo
SCALE: 1" =100'
Bearings shown hareon based on the City of
Denton GIS Network.
NOTES:
• I.R.F. =1/2" Iron Rod Found
• C.I:R,F'. = 1/2" Iron Rod Found
with yellow cap stamped
"Arthur Surveying Company"
• I.R.S. = 1/2° Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon,
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New Right-of-way 0.468 ac. (20,379)
Existing Implied Dedication 0.118 ac. (5,158 sq. ft.)
0.586 Acres (25,537 sq. ft.}
Right-of Way
Parcel Ml
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autvey wse thla daymada on tiia groaad oPtha
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W tlu 6est ofmyknowledge, tLere arono vlalblo
diacrepanaiw, aonflicln, eLoHagas in area, 6oundery
llne contlicb, eaavecLmenm, overlapplug of
lmprovement+, easemmt+or dg5fa of way thatl
5ava been advised ofexcept as ahoiva hereoa
EXHIBIT "B"
Ma yhill Road
Right—of—Way
Parcel Mi 04
0.588 Acre
Morreau Forrest Survey�
Abstract Number 417
City of ` Denton
Denton County, Texas
-- 2011 —
City ot Denton
QC.�97-19839
.._ C.I.R.F.
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" 1 C.C.#200.0-3838 +�
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�� �"� Shin A[ Group, Inc.
,,ye1 � Inetrument No. 2010-16093
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,
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3 � 30' Access Easement
�� Insfr. No. 20f0—i6096
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o r� Kukahi Corporatioa 3olutions, Inc.
� I Tnetrument Na 2009-137928
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f.R.F. � _
(C.M.) _'---------,-----------
LWE TABLE
LI IV75°28'16"E 85:75'
L2 N87°25'15"W 46:59'
CURVE TABLE
# Radius Len De1ta Chard
Cl 2567.50' 169.08' 03°46'24" SOb°30'45"W 169.05'
rthur Surveying Co., Inc.
Professional Lead surveyors .
P.O.Box 54 — Lewiaville, Texas 75087
OfPice: (972) 22f-9439 Faa: (972) 22f-487b
Eetatblished 1986 .
. - 4-���vr�iui-irrn�w�wi�u�r . . - ;
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PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOV�, 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 /Z��/�Q/i'I�r �U ,
2012, but effective as of the date provided below, between Miles Land Company, Inc., a Texas
corparation (referred to herein as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Miles Land Company, Inc., a Texas corporation, is the Owner of a tract of land
(the "Land") in the Morreau Forrest Survey, Abstract Number 417, 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;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acicnowledged, the parties agree as
follows:
l. 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 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, seismic activities, tanlcs or tank batteries, pipelines, roads, electricity or other
utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or
any other infrastructure or improvement of any kind or type in connection with or related to the
reserved oil, gas and other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall 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
As used herein, the term`§urface 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 at Closing the sum of Sixty Three Thousand Six Hundred Ninety One and No/100 Dollars
($63,691.00). The monetary compensation prescribed in this Section 2 is herein referred to as the
"Total Monetary Compensatiori'.
3. The Owner shall convey and grant to the City the Fee Lands free and clear of all debts, liens and
other encumbrances (the `�ncumbrances�. 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 Owne�'s property caused by, incident to, or related to
the Project, value of, damage to and/or costs of repair, repiacement and/or relocation of any
improvements, turf, landscape, vegetation, or any other structure or facility of any lcind within the
Fee Lands related to activities conducted pursuant to the City ownership of the Fee Lands,
interference with Owne�'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 itself, its successors and assigns, the City, i�s officers, employees, elected
3
officials, agents and contractors from and against any and all claims it may have now or in the
futuxe, related to the herein described matters, events and/or damages.
5. The Closing (herein so called) sha11 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 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 ltnown. 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 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, 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 1N DENTON
COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE
SOLELY 1N 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:
:� .��
Miles Land Company, Inc
Phone_
Telecopy:
Copies to:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
5
For Owner: For Citv:
Telecopy:
Richard Casner, First Assistant 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 talcing of
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:
CITY OF DENTON, TEXAS
By:
GEORGE C. CAMPBELL,
CITY MANAGER
Date: /��Ve�,��l' (� , 2012
0
ATTEST:
JEN1vIFER WALTERS, CITY SECRE�ARY
BY;
Date: _ , 2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: C�
Date: /���'^ �" Z , 2012
OWNER:
MILES LAND COMPANY, INC., a Texas corporation
:
Name:
Title;
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 Miles Land Company, Inc,, a Texas corporation (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, has GRANTED, SOLD and CONVEYED, and by these
presents does GR.ANT, 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 itself, its
successors and assigns all oil, gas and other minerals in, on and under and that may be
produced from the Property. Grantor, its successors and assigns shall not have the right
to use or access the surface of the Property, in any way, manner or form, in connection
with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas and other minerals reserved herein, including without
limitation, use or access of the surface of the Property for the location of any well or drill
sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas,
seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well
bores, or any other infrastructure or improvement of any kind or type in connection with
or related to the reserved oil, gas and other minerals, and/or related to the exploration or
production of same.
As used herein, the term "minerals" sha11 include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances that any reasonable extraction, mining or other
exploration andlor 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, 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.
Exceptions to conveyance and warranty:
[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
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
Page 2 of 3
EXECUTED the day of , 2012.
Miles Land Company, Inc., a
Texas corporation
By: _
Name:
Title:
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on , 2012 by
, of Miles Land Company, Inc., a Texas
corporation, on behalf of said corporation.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
Notary Public, State of Texas
My commission expires:
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
EXHIBIT A- to Special Warranty Deed
rthur Surveying Co., I nc.
Prof�ssson�.�Y �axt�d Sux•v�yors
P.O. Box 54 -- Lewisville, Texas 75067
Qf�co: (972) 221-9439 --� Fax: .(972) 221-4675
EXHIBIT "A"
MAYHILL ROAD
� RIGHT-OF-WAY
. PARCEL M104
4.586 Acre
City of Denton, Denton County, Texas
BEING all'that certain lot, tract or parcel of land situated in the Morreau Forrest Survey, Abstract Nuinber 41Z, City
of Denton, Denton County, Texas, and being part of a ixact of land described by deed to Miles Land Company,
recorded under County Clerk's File Number 2000-3838, Real Property Records, Denton County, Texas
(R.P.R.D.C.T:), and being more particularly described as follows:
BEGINNING at a 112 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) found for the .
northwest corner of said Miles Land Company tract and the southwest corner of a tract of land described by de�d to
the City of Denton, recorded under County Clerk's File Number 97-19639, R.P.R.D.C.T., and being in MayYiill
Road;
THENCE North 75 degrees 28 minutes 16 seconds East, with the north line of said Miles Land Company tract and
a south line of said City of Denton tract, a distance of 85.75 feet to a 1/2 inch iron rod with yellow cap stamped
"A.S.C." set for corner at the beginning of a non-tangent curve to the right, having a radius of 2567.50 feet;
THENCE over and across said Miles Land Company tract, with said curve to the right, having � ceniral angle of 03
degrees 46 minutes 24 seconds, whose chord bears South 06 degrees 30 minutes 45 seconds West a distance of
169.05 feet, an arc length of 169.08 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner; -
TH�NCE South 08 degrees 23 minutes 57 seconds West, over and across said Miles Land Company iract, a
distance of 233.39 feet to a"PK" Nail set in asphalt for corner in the north line of a tract of land described by deed
to Kukahi Corporation Solutions, Inc., recorded under Instrument Number 2009-137926, Official Public Records,
Denton County, Texas;
THENCE North 87 degees 25 minutes 15 seconds West, over and across said Miles Land Company tract and with
the north line of said Kukahi Corporation tract, a distance of 46.59 feet to a"PK" Nail set in asphalt for corner in the
west line of said Miles Land Company txact and the northwest comer of said Kukahi Corporation tract, and being in
Mayhill Road;
THENCE North 02 degrees 33 minutes 51 seconds East, with the west line of said Miles Land Company tract and
in Mayhill Road, a distance of 375.62 feet to the POINT OF BEGINNING and containing 0.586 acre of land, of
which 0.1181ies within existing Mayhill Road.
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C1107131-15
Parcel M104
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EXHIBIT B- to Special Warranty Deed
p
N
100 0 50 100
SCALE: 1" =100'
Bearings shown hereon based on the City of
Denton GIS Network.
NOTES:
• I.R,F, =1/2" Iron Rod Found
• C.I:R.F'. = 1/2" Iron Rad Found
with yellow cap stamped
"Arthur Surveying Company"
+ I.RS. = 1/2" Iron Rod Set with
yellow cap stamped "Axthur
Surveying Company"
. All improvements not shown hereon.
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New Right-of-way 0.468 ac. (20,379)
Existing Implied Dedication 0.118 ac. (5,158 sq. ft.)
0.586 Acres (2s,537 sq. ft.) �
Right-of-Way
Parcel M1Q,�
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�"��y�'��:�51
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SURV�YORB CERTIFICATION:
The undetslgued does Lara6y cerdf}� W that tlils
survey wae fLia dsymede on tLe gmund ofthe
P�P�P ��Y descri6ed heroon and ie CoaecS and
do tl�e 6eat ofmy Imow[edgq Wara em na viei6la
disempancies, aontllcfs, ahortegee ia eroa, boundary
Ilae conflictv, eacmecLmente, averlePP�B �
lmprovemeats, eesemants orrlgLb ofway�Let7
Lave been adviaed of except as e6owa hereoa
EXHIB IT "B "
Mayhill Road
Right—of—Way
Parcel Ml �4
0.588 Acre
Morreau Forrest Survey,
Abstract Number 417
City of " Denton
Denton County, Texas
-- 2011 —
ICity o! Denton
� C,C.#97-19839
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Shin Ai Croup, lnc.
I°j �� � Instrument No. 2d10-16093
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' Nall Set `--^---`— �--
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�^ Instn No. 2010-16096
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o�� Kukahi Gorporation 9olut[ona, Ine.
� I rnetrument Na 2008-137928
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r.R.F. �._.--------
(C.M.) ------. ------
LINE TABLE
LI N75°28'16"B 85;75'
L2 N$7°25'15"W 46:59'
CURVE TABL$
# Radius Len De1ta Chord
Cl 2567.50' 169.08' 03°46'24" 506°30'45"W 169.05'
.. rthur Surveying Co., I nc.
.�,��B,�o�r r,�a s�o�
P.O.Bog 54 .- Le�viaville, Texas 75087
Office: (972) 221-9439 Fas: (972) 221-4875
Eatatbliahed 1986