2013-067s:llegallour documentslordinances\13�robson ordinance.doc
ORDINANCE NO. 2013-067
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ACCEPTING THAT CERTAIN
SPECIAL WARRANTY DEED, FROM ROBSON DENTON DEVELOPMENT, LP, AN
ARIZONA LIMITED PARTNERSHIP, CONVEYING CERTAIN LANDS LOCATED 1N THE
C. MANCHACA SURVEY, ABSTRACT NO. 789, ALSO KNOWN AS LOT 1, BLOCK A,
CITY OF DENTON WATER PLANT, CERTAIN REAL PROPERTY LOCATED 1N
DENTON COUNTY, TEXAS, ACCORDING TO THE CONVEYANCE PLAT THEREOF,
RECORDED UNDER DOCUMENT NO. 2013-049, PLAT RECORDS OF DENTON
COUNTY, TEXAS (THE "LANDS"), AND BE1NG GENER.ALLY LOCATED ON THE
NORTH SIDE OF LIVELY ROAD APPROXIMATELY ONE HALF MILE EAST OF
SEABORN ROAD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to priar agreement, Robson Denton Development, LP, an Arizona
limited partnership ("Robson") agreed to convey to the City the Lands, said Lands to be used for
water utility purposes;
WHEREAS, all conditions to the conveyance from Robson to the City of Denton have
been completed; and
WHEREAS, Robson is now prepared to convey the Lands to the City of Denton, and the
City of Denton is amenable to such conveyance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby accepts, for all purposes,
the conveyance of the Lands, from Robson Denton Development, LP, an Arizona limited
partnership, in the form of the Special Warranty Deed, as attached hereto as Exhibit "A", and
made a part hereof.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
s:llegallour documents\ordinances1131robson ordinance.doc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �
Page 2
NOTICE OF CONFIDENTIALTTY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MA,Y REMOVE OR STRTKE 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 PUBLXC RECORDS: YOUR SOCIAL SECURTTY NUMBER
OR YOUR DRIVER'S LTCENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That Robson Denton Developxx�ent, LP, an Arizona limited partnership (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 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", 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
therean and all other rights and appurtenances thereto (collectively, the "Property").
Grantor hereby resexves to itself and its successors and assigns all oil, gas and
other minerals in ox undex the Property or that may be produced from the Property, except
however, such reservation does not include the right to enter upon or use the surface of
the Property (the "Mineral Reservation").
THIS CONVEYANCE IS MADE SUBJECT TO all of the following (the
"Permitted Encumbrances"), (a) all valid and subsisting covenants, conditions,
restrictions, easennents and other mattexs that appear of record in the Real Property
Records of Denton County, Texas, except for debts and liens which Grantor expressly
covenants to Grantee that the Property is being conveyed free and clear of (except that
the Property shall be subject to the lien of current non-delinquent real pxoperty t�es and
assessrrzents which taxes will be paid by Grantor prior to their delinquency), including
without limitation (i) Minexal lease granted by ROBSON DENTON DEVELOPMENT,
LP, an Arizona Limited partnership to MITCHELL ENERGY COMPANY, L.P., a
Delaware limited partnership described in instrument iiled January 28, 2002, under
Volume 5011, Page 2760, Real Property Recards of Denton County, Texas. Amended
and Restated Memorandum of Oil and Gas Lease filed April 12, 2002, recorded under
Volume 5063, Page 2469, Real Property Records of Denton County, Texas, Notice of
Pipeline License recorded in Volume S 187, Page 1606, CC# 2004-27723, CC# 2004-
27724, CC# 2004-48022, CC# 2006-21075, CC# 2006-10619, Real Property Records of
Denton County, Texas. As affected by Partial Release filed November l, 2007, under
CC# 2007-129099, Real Property Records of Denton Couniy, Texas. Memorandum of
Oil and Gas lease Amendment filed February 5, 2010, under CC# 2410-11748, Real
Property Records of Denton County, Texas. Production Sharing Agreement iiled March
12, 2010, under CC# 2010-22502, Real Property Records of Denton County, Texas,
Memorandum of Fifth Oil and Gas lease Amendment filed Decernber 16, 2010, under
CC# 2010-125452, Real Property Records of Denton County, Texas, Sixth Amendment
filed May 31, 2011, undex CC# 2011-48637, Real Property Recoxds of Denton County,
Texas. Seventh Amendment filed November 14, 2011, under CC# 2011-108594, Real
Propei�ty Records of Denton County, Texas. Eighth Oil and Gas Lease Amendment filed
March 7, 2012, under CC# 2012-23258, Real Property Records of Denton County, Texas.
Acknowledgment of Limited Surface Rights Under Oil and Gas Lease filed November
26, 2012, under CC# 2012-133740, Real Property Records of DentoM County, Texas ;(b)
all matters that are apparent by an inspection or survey of the Property, including without
limitation, (i) protrusion of water trough across the North boundary line as show:n on
survey prepared by W. Thad Murley, III, RPLS No. 5805, dated Noverr�ber 9, 2011; and
(ii) fence encroachment(s) and/or protrusion(s) as shown on survey pxepared by W, Thad
Murley, III, RPLS No. 5805, dated November 9, 2011; and (c) the Mineral Reservation,
Page 2 of 6
This conveyance is made subject to the following Restriction, which is for, and
shall inure to the benefit of, GranLor, as developer of the Robson Ranch Resort
Community, and its successors and assigns, and shall pass with and be binding upon the
Properry, the Grantee, its successors and assigns:
1. The Property shall only be used for public water supply and water utility uses,
including without limitation an elevated water storage tank and a11 related
infrastructure, appurtenances, transmission lines, and supporting structures.
TO HAVE AND TO HOLD the Property unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARI2ANT AND FOREVER DEFEND title to 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 ox under Grantor, but not otharwise,
subject to the Permitted Encumbrances.
EXECUTED the ,� day of March, 2013.
ROBSON DENTON DEVELOPMENT, LP,
an Arizona limited partnership
By: Denton Property Management Company,
an Arizona corporation, daing business in
Texas as Robson Denton Management
Company, its sole general partner
r
BY: �c�c, o�r�4.�J
Steve Soriano, Viee President
Page 3 of 6
ACCEPTANCE
The City of Denton, Texas, Grantee, hereby accepts the foregoing conveyance
and agrees to be bound by the Restriction set forth herein,
�7
IN WIT'NESS WIIEREOF, Gxantee has executed this instrument as of the �9 �
day of March, 2013 ,
THE CITY OF DENTON, TEXAS
By:
George Campbell, City Manager
ACKNOWLEDGMENT
THE STATE OF ARIZONA §
COUNTY OF MARIC�PA §
This instrurnent was acknowledged before me on the � day of March, 2013, by
Steve Soriano, the Vice Pr�sident of Denton Propexty Management Company, an Arizona
corporation doing business in Texas as Robson Denton Management Com.pany, the sole
general partner of Robson Denton Developaxzent, LP, and Arizona limited partnership, an
behalf of said limiied partnexship.
OFFIGAL SEAL
VERONICA CUBBAGE
NaTARY PUBLIC - State of Arizona
PINAL COUNTY
_ My Comm. E�ires August 1, 2016
STATE OF TEXAS
COUNTY OF DENTON
�� +
Notary Public, State of�:���7.()�,
My commission expires; � i
This instrument was acicnowledged before me on the/qtf�day'of Ivlarch, 2013, by
Gaorge Campbell, the City Manager of the City of Denton, Texas, a home rule municipal
corporation, on behalf of said municipality.
,
�, � , �
,,,,,,,,,,, :
,,`o,���PUB;.,, JANE E. RICHARDSON
_. °: Notary Public, State of Texas N tary Public, Sta�e of Texas
;�;�,�i�,: My Commission Expires
'--,>.F�,,E;: �une 2�, 2o�s My commission expires: ,0 "7 ^ ,�
,�,,,,�„���
Page 4 of 6
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 5 of 6
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
EXHISIT "A"
TO
SPECIAL WARRANTY DEED
LEGAL DESCRIPTION
Lot 1, Blocic A, City of Denton Water Plant, Certain Real Property Located in Denton
County, Texas, according to the Conveyance Plat thereof recorded under poc Number
2013-49, Plat Records of Denton County, Texas .
Page 6 of 6