2013-059s:\legal\our documentslordinances1131sb holdings deed ordinan:;e.doc
ORDINANCE NO. 2013-059
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEED WITHOUT WARRANTY, FROM THE CITY OF
DENTON, TEXAS, AS GRANTOR, TO TEXAS SB HOLDINGS, LLC, AS GRANTEE,
CONVEYING A 0.09 ACRE TRACT LOCATED IN THE EUGENE PUCHALSKI SURVEY,
ABSTRACT NUMBER 996, CITY OF DENTON, DENTON COUNTY, TEXAS, BE1NG
GENERALLY LOCATED AT THE NORTHEAST INTERSECTION OF WEST HICKORY
STREET AND NORTH TEXAS BOULEVARD� (THE "LAND"); RESERVING A
PERPETUAL SANITARY SEWER EASEMENT 1N, ALONG, UPON, UNDER, OVER AND
ACROSS A PORTION OF SAID LAND; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton is the owner of certain lands, being 0.09 acres of land,
more or less, located in the Eugene Puchalski Survey Abstract Number 996, City of Denton,
Denton County, Texas (the "Land");
WHEREAS, Texas SB Holdings, LLC is the abutting property owner to the Land;
WHEREAS, the Land, due to its size and shape, cannot be used independently under the
City of Denton's current zoning or other development control ordinances;
WHEREAS, the consideration paid to the City by Texas SB Holdings, LLC for the Land,
being Eleven Thousand and No/100 Dollars ($11,000.00), is equal to or greater than the fair
market value of the Land, as established by a third party appraisal;
WHEREAS, City now desires to convey the Land, subject to the reservations and
exceptions set forth in the Deed Without Warranty, attached hereto and made a part hereof for all
purposes, to Texas SB Holdings, LLC; and
WHEREAS, the City Council finds that the conveyance of the Land by the City to Texas
SB Holdings, LLC, with the reservations as prescribed in the Deed Without Warranty and for the
consideration expressed herein, is in the public interest of the citizens of the City of Denton;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
expressly incorporated herein by reference.
SECTION 2. The City Manager of the City of Denton is hereby authorized to execute
the Deed Without Warranty, in the form attached hereto as Exhibit "A", on behalf of the City to
Texas SB Holdings, LLC.
SECTION 3. The City Manager is hereby authorized to carry out the rights and duties of
the City under the Deed.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 5f /1 day of �� ���� , 2013.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:'
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
%
BY: � —
Page 2
EXHIBIT "A"
TO
ORDINANCE
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AI2� A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRA,NSFERS AN INTEREST TN REAL PROPERTY BEF�RE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS; YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER
DEED WITHOUT WARItANTY
STATE OF TEXAS
COUNTY Or DENTON � K1VOW ALL MEN BY THESE PRESENTS
This Deed Without Warranty, dated this Jr' f� day of ���;�y'(?� , 2013,
is by and between the City of Denton, Texas, a Texas home-rule municipal corporation
("Grantor"), whose address is 215 E. McKinney, Den.ton, Texas 76201 and Texas SB
Holdings, LLC, a Texas limited liability company ("Grantee"), whose address is P,O,
Box 118157, Carrollton, Texas 75011.
WHEREAS, Grantor is the owner of certain lands, being 0,09 acres of land, more
or less, located in the Eugene Puchalslci Survey, Abstract Number 996, City of Denton,
Denton County, Texas, being more particularly described on Exhibit "A", attached hereio
(the "Land");
WHEREAS, the Grantee is the abutting property owner to the Land;
WHEREAS, the Land, due to its size and shape, cannot be used independently
under the City of Denton's current zoning or othex development control ordinances;
WHEREAS, the consideration paid by Grantee to Grantor for the Land is equal to
or greater than the fair marlcet value o� the Land;
WHEREAS, Grantox �ow desires to convey the Land, subject to ihe reservations
and exceptions set forth below, to Grantee.
NOW, THEREFORE, the City of Denton, Texas, a Texas home-xule znunicipal
coiporation, for and in consideration of the sum of One and No/100 ($1, 00), and other
good and valuable consideration to Gxantor, the receipt and sufficiency of which are
hereby acicnowledged a�id confessed, has, subject to the reservations and exceptions set
forth herein, GRANTED, SOLD AND CONVEYED, and by these��resents does hereby
GRANT, SELL AND CONVEY, without warranty of any lcind or type, unto Texas SB
Holdings, LLC, a Texas limited liability company, the real property located in Denton
County, Texas, and described in Exhibit "A", attached hereto and made a part hereof, and
being defined herein as the Land.
RESERVATIONS FROM CONVEYANC�,
1. To the extent not previously severed from the Land, Grantor reserves for itself, its
successors and assigns, all oil, gas and other minerals in, on and under, and that may be
produced from the Land; provided however, to the extent Grantor possesses the lawful
authority to so waive, Grantor, for itself, its successors and assigns, waives all rights to
utilize the surface of the Land related to the exploration and production of tl�e oil, gas and
other minerals in, on, and under the Land. Nothing herein sha11 restrict or prohibit the
pooling or unitization of the znineral estate in, on and under the Land with other lands or
interests, or the exploration or production of oil, gas and othex minerals, in, on and under
the Land by means of wells that are drzl�ed, or mines that are open, on lands other than
the Land.
2. Grantor reserves, for itself, its successors and assigns, a perpetual sanitary sewer
easement in, along, upon, under, over and across the lands described on Exhibit "B" and
depicted in Exhibit "C", respectively, attached hereto and made a part hereof (the
"Easement Property"), for constiucting, reconstructing, installing, xepairing, relocating,
operating and perpetually maintaining sanitary sewer pipelines, and any and all related
facilities and appurtenances. Such rights shall furthex include the free and uninterrupted
use, liberty, passage, ingress, egress and regress, at all times, in, along, upon, under, over
and across the Easement Propei�ty to Grantor, its agents, employees, contractors,
woxlcmen and representatives, for the purposes set forth herein, including without
limitation, malcing additions to, improvements on and repairs to said facilities or any pai�t
thereo£
The easement reserved herein is subject to the following;
l, Structures, No buildings, fences, structures, signs, facilities, improvements or
obstructions of any lcind ("Structures"), or portions thereof, shall be constructed,
erectad, reconstructed or placed in, along, upon, under, over or across the
Easement Property by Grantee. Fut�ther, Grantee stipulates and acicnowledges that
the Grantor may remove fi�om the Easement Propei�ty, such Stiuctures as may now
or hereafter be found upon said Easement Property and dispose of any such
Structures in aily manner it deems appropriate, without liability to Grantor.
2. Access, Fox purposes of exercising and enjoyiz�g the rights reseiwed herein
related to ihe sanitary sewer easement, the Grantor shall have access to the
Easement Property by way of existing public property or right-of way.
3. Trees or Landscaping. No shrub or tree shall be planted upon the Easement
Pz•operty or that may encroach upon the Easement Property. Grantor znay cut,
trim or remove any shrubs or trees, or portions of shrubs or trees, now or he�eafter
Deed Without Warranty Page 2 of 6
located within or that inay overhang oz encroach upon the Easement Property,
without liability to Grantor.
4. Successors and Assigns. The provisions contained within this reservation
shall constitute covenants tunning with the land and shall be binding upon the
Grantor and Grantee, and theix successors and assigns.
EXCEPTIONS FROM CONVEYANCE.
Without limiting the general nature of the without warranty conveyance herein, this
conveyance is subject to the following exceptions;
Validly existing easements, rights of way, and prescriptive a�ights, whether of
record or not; all recorded and validly existin.g instruments, restrictions,
reservations, conditions and covenants that affect the Lan.d; taxes that affect the
Land; discrepancies, conflicts or shortages in az•ea or boundary lines or
encroachments or protrusions or any overlapping of improvements or roadways;
parties in possessian of the Land.
REPRESENTATIONS AND WARRANTTES OF GRANTEE.
Grantee represents and warrants to Grantor that it has �nnade an independent
inspection and evaluation of the Land and the title to same and the ability and legal
authority of Grantor to execute and deliver this Deed Without Warranty and
acicnowledges that Grantor has xnade na statements or representatians concerning the
present or future value of the Land, the state of title of the Land, encumbrances upon the
Land, or the condition, including the environmental condition, of the Land or the ability
and legal autharity of Grantor to execute and deliver this Deed Without Warranty io
Grantee.
GRANTOR MAKES NO REPRESENTATTONS OR WARRANTIES
WHATSOEVER, EXPRESSED, STATUTORY, OR IMPLIED, 1NCLUDING, BUT
WITHOUT LIMITATION, AS TO THE DESCRIPTION, TITLE, LACIC OF
ENCUMBR.ANCES, VALUE, QUALITY, QUANTITY, PHYSICAL AND
ENVIRONMENTAL C�NDITION OF THE LAND AND/OR MATERIALS
CONTAINED OR LOCATED TN, ON OR UNDER THE LAND, THE NATURE OF
THE PAST OR HTSTORIC USE OF THE LAND, AND/OR MERCHANTABILTTY OR
FITNESS FOR PURPOSE OF ANY OF THE LAND, ABSENCE OF LATENT
DEFECTS, COMPLTANCE WITH LAWS AND REGULATIONS, OR THE ABILITY
AND LEGAL AUTHORITY TO EXECUTE AND DELIVER THIS DEED WITHOUT
WARRANTY. Cnantee further acknowledges that, in executing and accepting this Deed
Without Wai�ranty, it has relied solely upoi� its independent evaluation and examination
of the Land, and public records relatirzg to the Land and the independent evaluations and
studies based thereon, Grantor malces no warranty or representation as to the accuracy,
completeness or usefulness of any information furnished to Grantee, if any, whether
fut•nished by Gz•antor or any third party. Grantor, its officers, employees, elected
Deed Without Warraiity Page 3 of 6
officials, independent contractors, and agents assume no liability for the accuracy,
completeness or usefulness oi any material furnished by Graiitor, if any, or any of its
officers, employees, elected officials, independent contractors and/or agents, and/or any
other person or party, if any and Grantee hereby releases such parties from and against
any and all claims related to such matters, Reliance on any material so furnished is
expressly disclaimed by Grantee, and shall not give rise fio any cause, claim or action
against Granto�•, its officars, employees, elected ofiicials, independent contractors and/or
agents,
THE CONVEYANCE OF THE LAND IS ON A"WHERE IS", "AS IS", AND
"WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR
WARRANTY, EXPRESSED, STATUTORY OR IMPLIED, INCLUDING, BUT
WITHOUT LTMITATION, AS TO TITLE, LACI� OF ENCUMBRANCES,
DESCRIPTION, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE LAND
AND/OR MATERTALS CONTAINED OR LOCATED 1N, ON OR UNDER THE
LAND, THE NATURE OF THE PAST OR HISTORIC USE OF THE LAND, THE
QUALITY, QUANTITY AND VALUE OF THE LAND, FITNESS FOR PURPOSE,
MERCHANTABTLITY, ABSENCE OF LATENT DEFECTS, COMPLIANCE WITH
LAWS AND REGULATIONS RELATED TO THE LAND, GRANTOR'S ABILITY
AND LEGAL AUTHORITY TO EXECUTE AND DELIVER THTS DEED WITHOUT
WARRANTY, OR OTHERWISE. Grantee has satisfied itself as to the title, type,
condition, quality and extent oi the property and propei�ty interests which comprise the
Land.
Grantor, fo�• the consideration and subj ect to the reservations from and exceptions
to conveyance, grants, sells, and conveys to Grantee tl�e Land, to have and to hold it to
Grantee and Grantee's successors and assigns forever, without warranty, express or
implied, statutory or otherwise, and all warranties that might arise by common law and
the warranties created by Section 5,023 of the Texas Propei�ty Code (and all amendments
and successors thereto) axe expressly excluded.
EXECUTED THIS ;J�/'i. DAY OF /�/,��i� , 2013.
GR.ANTOR;
CITY OF DENTON
GEORGE C. CAMPBELL,
CITY MANAGER
Deed Without Warranry Page �4 of 6
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY;
AP OVED TO LEGAL FORM;
ANITA BURGESS, CIT TTORNEY
BY:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON
This instz�ument was acicnowledged before me on �' day of ��,��' 2013,
by George C. Campbell, City Manager, on behalf of the City oi Denton, Texas.
''`���� ��"' JENNIfER K. WALTERS
: o�*nv aGS;y.
?_:' '°= Notary Public, State of Texas
;N;.,��, My Commission Expires
'/4JfOF�tp``` December 19, 2014
��If11111t�
�� -(.�d�;
fiary P lic, State of Texa �/
y com ission expires: ��`r
GR.ANTEE:
TEXAS SB HOLDINGS, LLC, a
Tex ,. . , ,. , ,,,,
By:
Nan
Titic
Deed Without Warrnnty Page 5 of 6
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF §
This insttument was acicnowledged before me on Z��day of ,
2013, by r ��J�. �yyrd ,�����L_ of Texas SB Holdings, C, a
Texas limited liability company, on behalf of s'�d limited liability company.
����'qY P���i�
,,o., .,,, JAMIE TAYLOR
_�:' '°c Notary Public, State of Texas
- My Commission Expires
;�., ���;
"'°%tFOF�`;° February 07, 2015
�„���„��
v
N tary Pu li tate of Texas
CO2171111S510 expires: '���T
Deed Without Warranty Page 6 of6
EXHIBIT "A"
FlELD NOT�S
0.090 ACRE
BEING all that certain lot, tract, or parcel of land situated in the Eugene Puchalski Survey
Abstract Number 996 in the City of Denton, Denton Counry, Texas, being a part of Lot 4 of
College Addition, an addition to the City of Denton, Denton County, Texas, according to
. the plat thereof recorded in �Volume 75, Page 53, Deed Records, Denton County, Texas,
and being a part of that certain tract of land described in Writ of Possession recorded
under Clerk's Ffle Number 9354, Judicial Records, Denton County, Texas and being more
particularly described as fallows:
COMMENCING at an iron rod set for corner in the existing north line nf West Hickory
Street, a public roadway having a proposed right-of-way of 33.0 feet, safd point being the
southwest corner of that certain tract of land conveyed by deed from Arrington Realty; LLC
to Texas SB Holdf ngs, LLC recorded under pocument Number 2012-58840, Real Property
Records, Denton County, Texas;
THENCE N 02° 2�' 28" W, 8.01 feet with the west line of said Texas SB Holdings tract to
an iron rod set for corner in the proposed north line of said West Hickory Street for PLACE
OF BEGINNING; :
THENCE WEST, 5.86 feet Vvith said proposed north Une of said West Hickary Street to an
iron rod set for corner at the �beginning of a proposed right-of-way flare;
THENCE N 46° 46' 17" W, 29.20 feet with said proposed right-of-way flare to an iron rod
set for corner in the proposetl east line of North Texas Boulevard, a public roadway having
a proposed right-of-way of 100.0 feet;
THENCE N 03° 32' 35" W, 130.16 feet with said proposed east line of said North Texas
Boulevard to an iron rod set for corner in the south line of that certain tract of land
conveyed by deed from Laura Smith to Nancy Lynn Smith Cagle recorded in Volume
5001, Page 695, Real Property Records, Denton County, Texas;
THENCE N 87° 17' 42" E, 28.89 feet with the south line of said Cagle tract to an iron rod
found for corner, safd polnt being the northwest corner of said Texas SB Holdings tract;
THENCE S 02°23' 28" E, 151.41 feet with the west line af said Texas SB Holdings tract to
the PLACE OF BEGINNING and containing 0.090 acre of land.
EXHIRIT "B"
RETAINED SANITARY SEWER EASEMENT
• 0.054 ACRE
BEING all that certain lot, tract, or parcel of land situated in the Eugene Puchalski Survey
Abstract Number 996 in the City of denton, Denton County, Texas, being a part of Lot 4 of
College Addition, an �ddition to the City of Denton, Denton County, Texas, according to
the plat thereof recorded in Volume 75, Paga 53, Deed Records, Denton County, Texas,
and being a part of that certain tract of land described in Writ of Possession recorded
under Clerk's File Number 9354, Judicial Records, I]enton County, Texas and being more
particularly described as follows:
COMMENCING at an iron rod set for corner in the exlsting north line of West Hickory
Street, a public roadway having a proposed right-of-way of 33.0 feet, said point being the
sauthwest corner of that cerfain tract of land conveyed by deed from Arrington Realty, LLC
to Texas SB Holdings, LLC recorded under pocument Number 2012-58840, Real Property
Records, Denton County, Texas;
THENCE N 02 ° 23' 28" W, 8.01 feet with the west line of said Texas SB Holdings tract to
an iron rod set for corner In the proposed north Ifne of said West Hickory Street for pLACE
OF BEGlNNING; �
THENCE WEST, 5,86 feet with sald proposed north line of safd West Hickory Street to an
iron rod set for corner at the beginning of a proposed right-of-way flare;
THENCE N 46° 46' 17" W, 14,51 feet with said proposed right-of-way flare to an iron rod
set for corner; ;
THENCE N 02° 23' 28" W, 140.71 feet to an iron rod set for corner (n the south Ilne of that
certain tract of land conveyed by deed from Laura Smith to Nancy Lynn Smith Cagle
recorded in Valume 5001, Page�695, Real Property Records, Denton County, Texas;
THENCE N 87° 17' 42" E, 16.00 feet with the south Nne of said Cagle tract to an iron rod
found for corner, said point being the northwest corner of said Texas SB Holdings tract;
TMENCE S 02° 23' 28" E, 151.41 feet with the west line of sald Texas SB Holdings tract to
tha PLACE OF BEGINNING and conta(n(ng 0.054 acre of land,
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4238 I-35 NORTH
ANDMA -��NTON TEXAS 76207
SUR VE�''ORS LLC. (940) 382�40�6
, FAX (940) 387 9784
DRAWNBY,� SLB SCALE,� 1"=30' DATE; 03 DECEMBER, 201'2 JOB NO: X22248