2017-086I 1.
11 • ♦ •'
DATE.GREB, TOGETHER WITH ANY OTHER DOCUMENTS NECESSARY TO EXCHANGE
THE CITY PROPERTY FOR NELMS-GREB PROPERTY; AND, PROVIDING AN
EFFECTIVE
WHEREAS, the City of Denton has acquired numerous property interests on Mayhill
Road between US Highway 380 and Colorado Boulevard for the Mayhill Road Widening and
Improvements project (the "Project"); and
WHEREAS, of 1 1 the City purchased a 7.628. •' . 1.05
from Nelms-Greb generally situated in the 2100 Block of South Mayhill Road, in the David
Hough Survey, Abstract No. 646, Denton, Denton County, Texas for the Project; and
WHEREAS, a redesign of the Project has now made a 4.936 acre portion of the
combined 7.628 acre and 1.05 acre original tracts to become excess right-of-way (the "City
Property"); and
• • • +- • - • ••` • • • • • • ••
needsWHEREAS, the City •• • property on •- of • Road,
north of the City Property, being a 3.457 acre tract owned by Nelms-Greb (the "Nelms-Greb
Property") for public use regarding road contactor staging and storage purposes for the Project;
•
WHEREAS, the City and Nelms-Greb are amenable to an exchange of their respective
property tracts; and
LocalWHEREAS, Texas • - •• 10 •)(3) allows the exchange of •
that was originally acquired for streets, right-of-way, or easements for other land to be used for
streets or other public purposes with• • provisions of • 11 NOW,
THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Pursuant to Texas Local Goverment Code § 272.001(b)(3), the City Manager, or
his designee, is authorized to (i) execute on behalf of the City the Real Estate Exchange
Agreement (the "Agreement"), between the City and Nelms-Greb, in the form attached as
Exhibit "A", and any other documents required by the title company to close the transaction;
and, (ii) make expenditures in accordance with the terms of the Agreement.
SECTION 2. The matters set forth in the preamble of this ordinance are incorporated
into the body of this ordinance as findings by the City Council.
SECTION 3. 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 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the -I ...... day of, Ck—, 2017.
. ..........
CHRIS ��A ZT MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
By:
THIS AGREEMENT is made by and between Kevin Nelms and Richard Greb and wife,
Nancy Greb (hereinafter collectively referred to as "Nelms-Greb") and the City of Denton, a
home rule municipal corporation located in Denton County, Texas, (hereinafter referred to as
"City"), upon the terms and conditions set forth herein.
Whereas, Nelms-Greb are the owners of that certain tract or parcel of land in the City of
Denton, Texas which is more particularly described in Exhibit "A" attached hereto and made a
part hereof by reference (the "Nelms-Greb Tract") which is needed for municipal street
construction contractor staging area purposes; and
Whereas, the City is the owner of that certain tract or parcel of land in the City of
Denton, Texas which is more particularly described in Exhibit "B" attached hereto and made a
part hereof by reference (the "City Tract") which was originally acquired by the City for street
right-of-way purposes; and
Whereas, the Parties desire to exchange the City Tract for the Nelms-Greb Tract upon the
'terms and conditions contained in this agreement; and
Whereas, in compliance with Chapter 272 of the Texas Local Goverm-nent Code, based
on an appraisal obtained by the City, the fair market value of the Nelms-Greb Tract is equal to
the fair market value of the City Tract;
Now, therefore, for good and valuable consideration, including the covenants contained
herein, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:
F.- 0110 "V k, NJ 5 � �' . �
I . At Closing, and subject to the terms and conditions contained herein, Nelms-Greb shall
convey to the City the Nelms-Greb Tract with all rights and appurtenances pertaining to the
Nelms-Greb Tract, including any right, title, and interest of Nelms-Greb in and to adjacent
streets, alleys, or rights-of-way, and together with any improvements fixtures, and personal
property situated on and attached to the Nelms-Greb Tract (hereinafter called the "Nelms-Greb
Property"). The Nelms-Greb Property shall be conveyed by a "Special Warranty Deed" in
substantially the same form as the Special Warranty Deed attached hereto and made a part hereof
as Exhibit "C" (the "Nelms-Greb Deed"). Nelms-Greb's sole consideration for the conveyance
of the Nelms-Greb Property to the City is the City's conveying of the City Tract to Nelms-Greb.
2. At Closing, and subject to the terms and conditions contained herein, the City shall
convey all of its right, title and interest to Nelms-Greb in the City Tract with all rights and
appurtenances pertaining to the City Tract, together with any improvements fixtures, and
personal property situated on and attached to the City Tract (hereinafter called the "City
Property"). The City Property shall be granted by a "Special Warranty Deed" in substantially
the same form as the City Deed attached hereto and made a part hereof as Exhibit "D" (the "City
Deed"). The City's sole consideration for the conveyance of the City Property to Nelms-Greb is
the conveyance of the Nelms-Greb Property to the City.
B. CONDITIONS PRECEDENT TO CLOSING
I . On or before fifteen days after the Effective Date of this agreement, Nelms-Greb at their
expense shall obtain a current commitment for title insurance hereinafter called the ("Nelms-
Greb Title Commitment") for the Nelms-Greb Property for the issuance of an Owner's Policy of
Title Insurance
• the Title Company, • with legible copies • all documents
constituting exceptions to title as reflected in the Nelms-Greb Title Commitment.
2. City shall have a period of ten days following the receipt of the Nelms-Greb Title
0-- M-11MIN
thirty day period either (a) terminate this agreement and the parties hereto shall have no further
obligation one to the other, or (b) Nelms-Greb may waive any such defects and consummate this
agreement with such uncured objections being deemed additional Permitted Exceptions.
5. Should either Party choose to obtain a title insurance policy for the exchange tracts
contemplated herein, it shall do so at its own expense.
-W
1. The closing shall be held at the office of Title Resources, 525 S. Loop 288, Suite 125,
Denton, Texas 76205 on or before April 7th, 2017, or within ten days after the title cure period
provided above, whichever occurs first, or at such time, date, and place as the Nelms-Greb and
City may mutually agree upon (which is herein referred to as the "Closing").
F —
L At Closing, Nelms-Greb shall deliver the Nelms-Greb Deed to the City and the City shall
teliver the City Deed to Nelms-Greb.
a. Nelms-Greb and the City will bear the cost of their respective expenses other than those
outlined herein and directly incurred by each, including their own attorney's fees, if any.
b. The Escrow Fees, Document Preparation Fees, and other typical related fees charged by
the Title Company to complete this transaction will paid by the City of Denton.
c. Ad valorem taxes relating to the Nelms-Greb Property for the calendar year in which
the Closing shall occur shall be prorated and submitted by Nelms-Greb to the Denton
County Tax Assessor as of the Closing Date. Ad valorem tax for the calendar year in
which the Closing shall occur shall be tendered under Texas Property Tax Code Section
26 11. If the actual amount of taxes for the calendar year in which the Closing shall occur
is not known as of the Closing Date, the proration at Closing shall be based on the amount
of taxes due and payable with respect to the Property for the preceding calendar year.
a W
Nelms-Greb and the City represent and warrant to each other that neither has retained a broker
for this transaction and that there are no broker or real estate fees due as a result of the
a. Nelms-Greb Defaults. Nelms-Greb is in default under this Contract on the occurrence
of any one or more of the following events:
(i) Any of Nelms-Greb's warranties or representations contained in this Contract are
untrue on the Closing Date; •
(ii) Nelms-Greb fails to meet, comply with, or perform any covenant, agreement,
condition precedent or obligation on Nelms-Greb's part required within the time
limits and in the manner required in this Contract; or
(iii) Nelms-Greb fails to deliver at Closing the items specified above for any reason
other than a default of the City or termination of this Contract by the City
pursuant to the terms hereof prior to Closing.
b. City's Remedies. If Nelms-Greb is in default under this Contract, the City as City's
remedies for the default, may, at City's sole option, do any of the following:
(i) Terminate this Contract by written notice delivered to Nelms-Greb in which the
parties hereto shall have no further obligation one to the other; or
(ii) Enforce specific performance of this Contract against Nelms-Greb, requiring
Nelms-Greb to convey the Nelms-Greb Property to the City subject to no liens,
encumbrances, exceptions, or conditions other than those shown on the Nelms-
Greb Title Commitment, whereupon the City shall waive title objections, if any,
and accept such title without reduction in purchase value on account of title
defects and shall be entitled to assert any rights for damages based on Nelms-
Greb's representations, warranties, and obligations that are not waived by the City
by its acceptance of Nelms-Greb's title.
C. City's Default. The City is in default under this Contract on the occurrence of any one
or more • the following events:
(i) Any of the City's warranties or representations contained in this Contract are
untrue on the Closing Date; or
(ii) the City fails to meet, comply with, or perform any covenant, agreement,
condition precedent or obligation on the City's part required within the time limits
and in the manner required in this Contract; •
(iii) the City fails to deliver at Closing the items specified above for any reason other
than a default of Nelms-Greb or termination of this Contract by Nelms-Greb
pursuant to the terms hereof prior to Closing.
III. Nelms-Greb's Remedy. If the City is in default under this Contract, Nelms-Greb as
Nelms-Greb's remedies for the default, may, at Nelms-Greb's sole option, do any of the
•
(i) Terminate this Contract by written notice delivered to the City in which the
parties hereto shall have no further obligation one to the other; or
(ii) Enforce specific performance of this Contract against the City, requiring the City
to convey the City Property to Nelms-Greb subject to no liens, encumbrances,
exceptions, or conditions other than those shown on the City Title Commitment,
whereupon Nelms-Greb shall waive title objections, if any, and accept such title
without reduction in purchase value on account of title defects and shall be
entitled to assert any rights for damages based on the City's representations,
0
g. L, al Constrtid'on. In case any one or more of the provisions contained in this agreement
EM
shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this agreement shall
be construed as if the invalid, illegal, or unenforceable provision had never been contained
herein.
h. Time of Essence. Time is of the essence in this agreement.
i. Gender. Words of any gender used in this agreement shall be held and construed to include
any other gender, and words in the singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
j. Compliance. In accordance with the requirements of the Texas Real Estate License Act, each
party advises the other that it should obtain a policy of title insurance or have the abstract
covering the property examined by an attorney of its own selection.
k. Effective Date. The term "Effective Date" means the latter of the dates on which this
agreement is signed by either Nelms-Greb or the City, as indicated by their signature below. If
H HW alm-nip mwwwwra-
i, 1?o i �!- of execution below that MJOA's
signature, the date the Title Company acknowledges receipt of a copy of this fully executed
contract is the Effective Date.
1. Contract as Offer. The execution of this Contract by Nelms-Greb constitutes an offer to
exchange the Properties contemplated above. Unless within sixty (60) days after the date of
execution of this Agreement by Nelms-Greb, this Agreement is accepted by the City by signing
the offer and delivering a fully executed copy to Nelms-Greb, the offer of this Agreement will be
deemed 4utomatically withdrawn.
1��Cv in 1� efrhs
Zt
Richard Greb
Nancy t.3rciry
1, -111
•IEM• •
M
Date:
Date:
--F ---�
CITY OF DENTON, TEXAS
---"
- - — - — - -- — ---------- - ---------- -
Todd Hiieman, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARI
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
I)ate:,,
JTTLE COMPANY ACCEPTANCE AND ACKNDW 1,J."D Q 1"MENT
By its execution below, the Title Company acknowledges receipt of the fully executed
Agreement on _ day of 5 2017. Title Company agrees to comply with,
and be bound by, the terms and provisions of this Contract to perform its duties pursuant to the
provisions of this Contract and comply with Section 6045(e) of the Internal Revenue Code -
':r as amended from time to time, and as further set forth in any regulations or forms
promulgated thereunder.
Name: Title Resources
Address: 525 S. Loop 288, Suite 125
Denton, Texas 76205
Telephone: 940-381-1006
EXHIBIT "A" ATTACHMENT TO THE EXCHANGE AGREEMENT
(Nelms-Greb Tract)
71A� rthur Surveying Co., I nc.
P.O. Box 54 -- Lewisville. Texas 75067
Office: (972) 221-9439 -- Fax: (972) 221-4675
EXHIBIT "A"
3.457 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of
Denton, Denton County, Texas, and being part of Tract II as described by deed to Kevin Nelms, Recorded in
Volume 3432, Page 911, Deed Records, Denton County, Texas (D.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" (ASC) set for corner
being in the north line of said Nelms tract and being the northwest comer of a tract of land described by deed to the
City of Denton, recorded under Instrument Number 2014-26435, Official Public Records, Denton County, Texas
(O.P.R.D.C.T.), same point being in the south line of a tract of land described by deed to Mason A. Haggard and
wife, Wilma Haggard, recorded in Volume 337, Page 430, D.R.D.C.T.;
THENCE South 02 degrees 52 minutes 33 seconds West, with the west line of said City of Denton tract, a distance
of 324.81 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer being an ell comer of said City
of Denton tract;
THENCE South 87 degrees 51 minutes 47 seconds West, with the north line of a Tract 1, described by deed to
Kevin Nelms, recorded in Volume 3432, Page 911, D.R.D.C.T., a distance of 455.41 feet to a 1/2 inch iron rod with
yellow cap stamped "ASC" set for corner being in the south line of said Haggard tract and the north line of said
Nelms Tract I;
THENCE North 01 degrees 32 minutes 41 seconds East, a distance of 333.01 feet to a 1/2 inch iron rod with yellow
cap stamped "ASC" set for corner being the northwest comer of said Nelms Tract II;
THENCE North 88 degrees 56 minutes 53 seconds East, a distance of 462.49 feet to the POINT OF BEGINNING
and containing 3.457 acres of land, more or less.
C1107131-70-
Nel=2
mLAS L ARTHUR
4357
Ir N?o
DHIX�O
(City Tract)
rthururveY iCo., Inc.
P.O. Box 54 •- Lewisville, Texas 75067
Office: (972) 221-9439 — Fax: (972) 221-4675
4.936 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of
Denton, Denton County, Texas, and being part of that certain tract of land described by deed to the City of Denton,
recorded under Instrument Number 2014-26435, Official Public Records, Denton County, Texas (O.P.R.D.C.T.),
and being part of that certain tract of land known as the Eastern Remainder Tract in deed to the City of Denton,
recorded under Instrument Number 2014-26436, O.P.R.D.C.T., and being more particularly described as follows:
COMMENCING at a "PK" nail set in Mayhill Road for the most easterly southeast corner of said City of Denton
tract (2014-26435) and the northeast corner of a right-of-way dedication as shown on Providence Place II, an
addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page
905, Plat Records, Denton County, Texas;
THENCE South 88 degrees 0l minutes 21 seconds West, with the south line of said City of Denton tract (2014-
26435) and the north line of said right-of-way dedication, a distance of 28.98 feet to a 1/2 inch iron rod with yellow
cap stamped "Arthur Surveying Company" (ASC) set for the beginning of a non -tangent curve to the left, having a
radius of 355.00 feet--
THENCE
eet;THENCE with said curve to the left, through a central angle of 27 degrees 05 minutes 13 seconds, whose chord
bears North 16 degrees 37 minutes 15 seconds West at 166.27 feet, having an are length of 167.83 feet to a 1/2 inch
iron rod with yellow cap stamped "ASC" set for the POINT OF BEGINNING;
THENCE continuing with said curve to the left, through a central angle of 17 degrees 15 minutes 16 seconds,
whose chord bears North 38 degrees 47 minutes 29 seconds West at 106.50 feet, having an are length of 106.91 feet
to a point for corner;
THENCE North 57 degrees 27 minutes 27 seconds West, a distance of 197.21 feet to a point for comer;
THENCE South 37 degrees 43 minutes 36 seconds West, a distance of 307.97 feet to the beginning of a curve to the
left, having a radius of 905.00 feet;
THENCE with said curve to the left, through a central angle of 09 degrees 21 minutes 40 seconds, whose chord
bears South 33 degrees 02 minutes 46 seconds West at 147.70 feet, having an arc length of 147.86 feet to a southerly
corner of said City of Denton Tract (2014-26435) being in the north line of said Providence Place II;
THENCE South 88 degrees 0 t minutes 21 seconds West, with the north line of said Providence Place Il, a distance
of 286.96 feet to a point for corner;
THENCE North 01 degrees 58 minutes 58 seconds West, a distance of 8.87 feet to the beginning of a non -tangent
curve to the left, having a radius of 125.00 feet;
(continued)
C1107131-70
Nelms -REV
(City Tract)
ArthurSurveying CInc.
mfr r c X U �g
P.O. Box 54 --- Lewisville, Texas 75067
Office: (972) 221-9439 -- Fax: (972) 221-4675
THENCE with said curve to the left, through a central angle of 43 degrees 33 minutes 22 seconds, whose chord
bears North 66 degrees 14 minutes 2l seconds East at 92.75 feet, having an are length of 95.02 feet to the beginning
of a non -tangent curve to the right, having a radius of 1106.00 feet;
THENCE with said curve to the right, through a central angle of 13 degrees 34 minutes 20 seconds, whose chord
bears Noah 30 degrees 56 minutes 26 seconds East at 261.38 feet, having an are length of 261.99 feet to a point for
corner;
THENCE North 37 degrees 43 minutes 36 seconds East, a distance of 160.39 feet to the beginning of a non -tangent
curve to the left, having a radius of 109.42 feet;
THENCE with said curve to the left, through a central angle of 38 degrees 56 minutes 51 seconds, whose chord
bears North 18 degrees 15 minutes 10 seconds East at 72.96 feet, having an arc length of 74.38 feet to the beginning
of a curve to the right, having a radius of 129.21 feet;
THENCE with said curve to the right, through a central angle of 38 degrees 33 minutes 48 seconds, whose chord
bears North 18 degrees 26 minutes 43 seconds East at 85.33 feet, having an are length of 86.97 feet to the beginning
of a curve to the left, having a radius of 10.00 feet;
THENCE with said curve to the left, through a central angle of 90 degrees 05 minutes 58 seconds, whose chord
bears North 07 degrees 19 minutes 26 seconds West at 14.15 feet, having an arc length of 15.73 feet to point for
corner;
THENCE North 52 degrees 22 minutes 26 seconds West, a distance of 20.00 feet to a point for comer;
THENCE North 37 degrees 37 minutes 34 seconds East, a distance of 70.00 feet to a point for comer;
THENCE South 52 degrees 22 minutes 26 seconds East, a distance of 20.00 feet to a the beginning of a curve to the
left, having a radius of 10.00 feet;
THENCE with said curve to the left, through a central angle of 89 degrees 53 minutes 58 seconds, whose chord
bears North 82 degrees 40 minutes 35 seconds East at 14.13 feet, having an arc length of 15.69 feet to a point for
comer;
THENCE North 37 degrees 43 minutes 36 seconds East, a distance of 20.00 feet to a point for comer;
THENCE South 52 degrees 16 minutes 24 seconds East, a distance of 77.91 feet to the beginning of a non -tangent
curve to the left, having a radius of 920.00 feet;
THENCE with said curve to the left, through a central angle of 32 degrees 32 minutes 30 seconds, whose chord
bears North 19 degrees 08 minutes 48 seconds East at 515.53 feet, having an arc length of 522.52 feet to a point for
comer;
THENCE South 02 degrees 52 minutes 33 seconds West, a distance of 214.72 feet to a 1/2 inch iron rod with
yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of 800.00 feet;
(continued)
C1107131-70
Nelms REV
•
(City Tract)
rthur Surveying
-r-.% ci
P.O. Box 54 — Levvisville, Texas 75067
Offlice: (972) 221-9439 — Fax: (972) 221-467:5
THENCE with said curve to the left, through a central angle of 18 degrees 08 minutes 35 seconds, whose chord
bears South 06 degrees I I minutes 44 seconds East at 252.27 feet, having an arc length of 253.33 feet to a 1/2 inch
41
iron rod with yellow cap stamped "ASC" set for comer;
THENCE South 15 degrees 16 minutes 02 seconds East, a distance of 411.47 feet to a 1/2 inch iron rod with yellow
cap stamped "ASC" set for comer;
THENCE South 02 degrees 12 minutes 08 seconds West, a distance of 23.57 feet to the POINT OF BEGINNING
and containing 4.936 acres of land, more or less.
C1107131-70
Nelms
_ REV
011
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Kevin Nelms and Richard Greb and wife, Nancy Greb, hereinafter callei
and/or for subjacent or lateral support for any surface facilities or well bores, or any other
infrastructure or 1 •' of 1 or type in connectionor •i to the reserved
mineral estate or the exploration or production of same. Nothing herein shall be construed to
prohibit production an1 1 pooling of the reserved mineral estate with other lands,1 long
successorsall surface operations are located entirely on lands other than the Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns,
forever. Grantors do hereby bind Grantors and Grantor's heirs, successors, executors and
assigns, to warrant and forever defend, all and singular the Property unto the Grantee and
1 assigns, against every person whomsoeveror 1,
claim the same or any part thereof, by, through, or under Grantors, but not otherwise.
SIGNEDthis 2 ay of a__ e < r, 2017.
K'evi17 cIrns
Rig liar 1 Greb
. . . . . ......
Nano Greb;,
10
STATE OF TEXAS §
COUNTYOF DENTON
This instrument was acknowledged d.
-' 2017, by Kevin Nelms.
• 1 .
J
Notary Public, State of
Print Name: �u o e k UX, 1,L__ .....
My commission expires .i N - ,.
This instrument was acknowledged before me this
\II I I I I I f f p 7 17 by Richard Greb.
A, gV p ,
c� 'w Ntiit3:, y �1�Lli!
m
Print Name:
day of ai
(ate of
-10 co My commission exp e;s - -+j .. P (,"'I_ ...._...�.
fff11111111\1
R
[kofftyriLl
This instrument was acknowledged before me this ., J� M1 'day of
- -.
, 2017, by Nancy Greb.
ar ,r
t
Notary 'ublic,i 11te of + z d
Print Name:n
My commission er�S
11
WNW
rthur Surveying
EXHIBIT"A"
3.457 Acres
BEGINNING at a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for comer
City of Denton, recorded under Instrument Number 2014-2643 5, Official Public Records, Denton County, Texas
(O.P,R.D.C.T.), same point being in the south line of a tract of land described by deed to Mason A. Haggard and
wife, Wilma Ha&gard, recorded in Volume 337, Page 430, D.R.D.C.T.;
r-mrsiml 0m, rerill =F" W
61324.61 reetio a LIZ incn iron roo WiEn yellow cap slampeu XX.
of Denton tract;
THENCE South 87 degrees 51 minutes 47 seconds West, with the north line of a Tract 1, described by deed to
Kevin Nelms, recorded in Volume 3432, Page 911, D.R.D.C.T., a distance of 455.41 feet to a 1/2 inch iron rod with
yellow cap stamped "ASC' set for corner being in the south line of said Haggard tract and the no line of said
Nelms Tract 1;
TH1-MICE N-tvtN11 tegees 32 miLytes 41 seci1171,s-E?st, ? fist2xce*f 333.1; 1 feet u,? 1/2 ixck irkx rxd wifjlp%- MM
cap stamped "ASC" set for corner being the northwest corner of said Nelms Tract 11;
anY containing 3 ).457 acres of land, more or less.
IN
..........
UGLAS L. ARTHUR
............
4367
-f %ppessto 0
1 M FORM rM V Z -11 IF
1*R *
R. F.
(C.M.)
{
I ®� 200 €1 I00 )00
Mason A. Haggard $r v
wife, Mma Hag d, 'v i SCAL& I"= 200'
Vol, 3371 Pg. 430 ( l Bearings shown hereon based on the City of
t ., Ivder1 pointof ! Denton GIS Network.
OB56' 3"'F
Kevin Nelnia 488'56153"l: 42.49 221.68`
uf,I Noll
Vol,9432, Pgg 911 S.I.R. IT, Set NOTES:
Tr,art 11 • I.R.F. = It2 iron Rod Found
O • I.R.S. = 1/2" Iron Rod Set with
M 1 I yellow cap stamped "Arthur
Richard A. Greh �' � I I Surveying Company"
Nancy A. Gmb 3.457 Acres I a All improvements not shown hereon.
I3 str ;u I006-100770 (I50fiO4 sq. fi.)I-Tact 11
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(s+:rt�:tirulsrl �� � I t
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587'51 ` 2" F r S.r. R. b
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- ;tcaaraaardcr7 �,�.
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t to.tr. No. 2006-34,915
Ii6cla�srcl l3, Grab/ '
Nadrey ;+3, Grob /
OF
Instr. No. 2006-100770OP
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,• ' v.=" 1
EXHIBIT 11B 11
3.457
Acres
David Hough Survey,
ing CO3
AbstAract l s urve, `f,m
itof Denton 220 Elm St., # 2 - Lewisville, TX 75057
Ph. 972.221.9439 - TFRN# 10063800
Denton County, Texas arthursurveying.com Established 1986
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STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That the City of Denton, Texas, a Texas home rule municipal corporation, in of the
County of Denton, State of Texas (the "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 Kevin Nelms, whose mailing address is 2100 S. Mayhill Road, Denton, Texas
76208, and Richard Greb and wife, Nancy Greb, whose mailing address is 801 Cresthill Lane,
Davey, Nebraska 68336 (herein collectively called "Grantee"), the receipt and sufficiency of
which are hereby acknowledged 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
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 a%urtenances thereto J�L,�S ali�l gxcel2t and expres , however, the
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mineral estate pertaining thereto (including all oil, gas hydrocarbon substances and other
minerals, and all rights, privileges, and appurtenances pertaining to the mineral estate, and all
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proceeds and royalties payable from production thereof), which mineral estate was previously
severed pursuant to a prior recorded instrument or instruments (collectively, the "Property").
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appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns,
forever. Grantors do hereby bind Grantors and Grantor's heirs, successors, executors and
assigns, to warrant and forever defend, all and singular the Property unto the 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 Grantors, but not otherwise.
EXECUTED the I day of _M A9 2017.
CITY OF DENTON, TEXAS
By: j-1.
Todd Hileman
City Manager
FATG-J•���
• MENEM
This instrument was acknowledged before me on / 4 //,j 1 2017 by
- lwt
Todd Hileman, City Manager, City of Denton.
IDA
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JA NE
No '9aty Public, in �,md or (lie State of J'exas.
. . ... ...... E RCHARSON
My Commission Expii-es-.
HY PUBUr-STMMOF lrXAS,
7G:COMW EXR 06-27-2017
NarARY ID 8251214
13
Eva 0 WIN
By:
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
0
Upon Filing Return To:
Kevin Nelms
2 100 S. Mayhill Road
Denton, Texas
112
rthur Surve!yingLC�o., In
p.o. f3ox :5-4 .- Le-isville, Texas 75067
Office: (9-72) 221-9439 -- Fax: (972) 221-4675
EXHIBIT
4.936 Acres
rcyr ieTton, Denton Count_y, Tex
BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of
Denton, Denton County, Texas, and being part of that certain tract of land described by deed to the City of Denton,
recorded under Instrument Number 2014-26435, Official Public Records, Denton County, Texas (O.P.R.D.C.T.),
and being part of that certain tract of land known as the Eastern Remainder 1'ract in deed to the City of Denton,
recorded under Instrument Number 2014-26436, O.P.R.D.C.T., and being more, particularly described as follows:
COMMENCING at a "Pr" nail set in Mayhill Road for the most easterly southeast comer of said City of Denton
tract (2014-26435) and the northeast comer of a right-of-way dedication as shown on Providence Place 11, an
addition to the City of Denton, Denton County, Texas, according to the plat ihereof recorded in Cabinet X, Page
905, Plat Records, Denton County, Texas;
THENCE South 88 degrees 01 minutes 21 seconds West, with the south line of said City of Denton tract (2014-
26435) and the north line of said right-of-way dedication, a distance of 28,98 feet to a 1/2 inch iron rod with yellow
cap stamped "Arthur Surveying Company" (ASC) set for the beginning of a non -tangent curve to the left, having a
radius of 355.00 feet;
THFNCE with said curve to the left, through a central angle of 27 dearces 05 minutes 13 seconds, whose chord
41
bears North 16 degMes 37 minutes 15 seconds West at 0
166.27 feet, having an are length of 167.83 feet to a 1/2 inch
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iron rod with yellow cap stamped "ASC" set for the POINT OF BEGINNING;
THENCE continuing with said curve to the left, through a central angle of 17 degrees 15 in inutes 16 seconds,
6 � e
whose chord bears North 38 degrees 47 minutes 29 seconds West at 106.50 feet, having an arc length of 1i36. J1 feet
to a point for comer;
THENCE North 57 degrees 27 minutes 27 seconds West, a distance of 197.21 feet to a point for corner;
THENCE South 37 degrees 43 minutes 36 seconds West, a distance of 307.97 feet to the beginning of a curve to the
left, having a radius of 905.00 feet;
THENCE with said curve to the left, through a central angle of 09 degrees 21 minutes 40 seconds, whose chord
bears South 33 degrees 02 minutes 46 seconds West at 147.70 feet, having an arc length of 147.86 feet to a southerly
;V 0
corner of said City of Denton Tract (2014-26435) being in the north line of said Providence Place 11;
THENCE South 89 degrees 01 minutes 21 seconds West, with the north line of said Providence Place 11, a distance
of 286.96 feet to a point for coiner;
THENCE North 01 degrees 58 minutes 58 seconds West, a distance of 8.87 feet to the beginning of a non -tangent
curve to the left, having a radius of 125.00 feet;
C1107131-70
Nelms REV
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rthur Surveying Co., In
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P.O. Box:54 — Lewisville, Texas 73067
Office.: (972) 221-9439 — Fax: (972) 221-4675
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of a non -tangent curve to the right, having a radius of 1106.00 feet;
THENCE with said curve to the right, through a central angle of 13 degrees 34 minutes 20 seconds, whose chord
30 Qwf4rees 56 minutes 26 seconds East at 261.38 feet havinV an arc length of 261.99 feet to a -&oint for
comer;
ent
curve to the left, having a radius of 109.42 feet;
THENCE with said curve to the le -ft, through a central angle of 18 degrees 56 minutes 51 seconds, whose chord
of a curve to the right, having a radius of 129.21 feet;
THENCE with said curve to the right, througli a central angle of 38 degrees 33 minutes 48 seconds, whose chord
)rears N,*rth I 17fegrees 2f i-Ahmes 43 seoinft 92 st zt 75 -33 3 feet,
of a curve to the left, having a radius of 10,00 feet;
THENCE with said curve to the left, through a central angle of 90 degrees 05 minutes 58 seconds, whose chord
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bears North 07 degrees 19 minutes 26 seconds West at 14. 15 feet, having an arc length of 15.73 feet to point for
comer;
THENCE North 52 degrees 22 minutes 26 seconds West, a distance of 20.00 feet to a pohit for comer;
THENCE North 37 degrees 37 minutes 34 seconds East, a distance of 70.00 feet to a point for comer;
#.,4j?of a curve to th%
left, having a radius of 10.00 feet;
THENCE with said curve to the left, through a central angle of 89 degrees 53 minutes 58 seconds, whose chord
bears North 82 degrees 40 minutes 35 seconds East at )4.13 feet, having an arc length of 15.69 feet to a point for
corner;
THENCE North 37 degrees 43 minutes 36 seconds East, a distance of 20.00 feet to a point for comer;
THENCE South 52 degrees 16 minutes 24 seconds East, a distance oF77.91 feet to the beginning of a non -tangent
curve to the left, having a radius of 920.00 feet;
THENCE with said curve to the left, through a central angle of 32 degrees 32 minutes 30 seconds, whose chord
bears North 19 degrees 08 minutes 48 seconds East at 515.53 feet, having an arc length of 522.52 feet to a point for
corner;
THENCE South 02 degrees 52 minutes 33 seconds West, a distance of 214.72 feet to a 1/2 hich iron rod with
yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of 800.00 feet;
ILI muml,
[AMMACMA
rthur Surveying Co., In
P.O. Box «;- I-x,-wisvitle- Texas 75067
Offloc: (972) 221-9439 -- Fax: (972) 221-467:5
THENCE with said curve to the left, through a central angle of 18 degrees 08 minutes 35 seconds, whose chord
bears South 06 degrees I I minutes 44 seconds East at 252.27 feet, having «z:« <of23.««<4. 1/2 inch
iron rod with yellow cap stamped "ASC" set for corner;
THENCE South 15 degrees 16 minutes ms AAEast, a distance of 4 t 1.47 feet to a 1/2 inch iron rod with yellow
cap stamped "ASC" set for comer;
THENCE Sou»+>w r tes 08 seconds West, a distance of 23.57 feet to the POINT OF BEGINNING
and containing 4.936 acres of land, more or less.
040NMDowm E
1'r -Imp
Mason k Haggard &
wile, Wilma Haggard
Volume 337, Page 430
(rernaffides-)
Kevin Xehns
Vot. 3432, Pg. 911 Nail
Tract 11 (remaiwWr) Set
&
Richard A. Grab &
Nancy Grab
'
Instr. No 2006_100770 300 0 150 300
Tract It (remainder)
21W 10
I.R.F. S8751'51555-91, SCALE: V=300'
Bearings shown hereon based on die City of
Denton GIS Network,
L12
NarES:
o = I.R.S.
)"n Nelms f 0 LRY. = 1/2" Iron Rod Found
Vol. 3432, Pg, 911 0 I.R.S.= 1/2" Iron Rod Set with
Tract I (r@wAwdw)
yellow cap stamped "Arthur
& J(�i 0 Surveying Company"
Richard A. Greb & Y9 LIO All improvements not shown hereon.
Nancy A. Greb
I ' 5 '�-s Easement
instr. No. 2006-100770 N 200,6-34815
Tract I (mmindor)
Go' 6rows Vectric
L 7;6-
,e?(,/
4.936 AcresC5 ntvn
F�iOLqteY of m Parn.fthideP
Da
(215,029 sq. ft.) 2014--264,1
4/
CY 'f
S811;0'21,"
21"W
5!83, U
Power Easarrent
votume 1635, Page 436
L13
Providenee Mace 0 IZobert P. Donnelly
Cabinet X Page 905 Volume 3384, Pale 906
(rer0ainder
Donnelly Addition
Cabinet 0. Pane #1 i
EXHIBIT 11B1
4.936 Acres
David Hough Surve
Abstract Number 64
City of Denton
Denton County, Tex]
141
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P.O.Bor 54 — Lewilvilia.—T.Ixas 75007
Ifflee: (972) 221-9Ig 439 Pa:x: (972) 221-467Um
Established 1986
Page I of 2
WRATAWKWUNA
EXHIBIT
4.936 Acres
David Hough Surve
Abstract Number 64
City of Denton
1wenton County, Texas
rthur Surveying Co., Inc.
P.O.Box 54 — LewlsvUle, Texas 75067
Office: (972) 22t-94,39 Fam (972) 221-4675
Mitablished 1"G
Page 2 of 2