2017-116S:\Legal\Our Documents\Ordinances\l7\Hickory Street Partial Abandonment Ordinance - Final.docx
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THE COUNCIL OF THE CITY OF DENTON ORDAINS:
S l 7aC'1 I ON 1. The recitations and finding set forth above are incorporated by reference.
SECTION 2. Upon the City's receipt of the compensation contemplated above, the City
Manager is hereby authorized to execute a Deed Without Warranty, on behalf of the City to
Landowner, of the Abandonment Tract, in a form suitable to be filed in the Real Property Records
of Denton County, Texas.
SECTION 3. This ordinance constitutes an offer to abandon and convey the
Abandonment Tract in favor of Landowner. Should Landowner not tender the above -
contemplated compensation to the City within sixty (60) days of the effective date defined herein,
this offer is rescinded without further action of the City.
SECTION 4. The provisions of this ordinance are severable, and the invalidity of any
phrase, clause or part of this ordinance shall not affect the validity or effectiveness of the remainder
of the ordinance.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the, day ofPwIT
,2017.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
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County, Texas, and being more fully described by metes and bounds as follows;
Beginning at the Northwest corner of Tract 1 as described in deed to Headliner Investments, LTD recorded in Instrument
number 2016-55200, Real Property Records, Denton County, Texas, also being at the intersection of the East line of Russell
Street with the South line of East Hickory Street;
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Hickory @ North Texas Boulevard ROWA\Deed Without Warranty
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.
DEED WITHOUT WARRANTY
DATE: 92017
GRANTOR: City of Denton, Texas, a Texas home rule municipal corporation
GRANTOR'S MAILING ADDRESS:
215 E. McKinney
Denton, Texas 76201
GRANTEE: Headliner Investments, Ltd., a Texas limited partnership
GRANTEE'S MAILING ADDRESS:
525 S Loop 288, Suite 105
Denton, Texas 76205
CONSIDERATION:
Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of same herein acknowledged.
PROPERTY:
The Surface Estate only of that certain tract or parcel of land containing
approximately 0.025 acres of land, situated in the City of Denton, Denton County,
Texas, as more particularly described in Exhibit "A" and depicted on Exhibit `B",
both of which are attached hereto and made a part hereof for all purposes.
RESERVATIONS FROM CONVEYANCE:
To the extent not previously reserved by prior grantors, there is hereby reserved for Grantor
and Grantor's successors and assigns, all oil, gas and other minerals owned by Grantor
located in and under, and that may be produced from, the Property; provided, however, to
the extent Grantor is the owner of the oil, gas and minerals in, under and that may be
produced from the Property and the executive rights related to same, Grantor, for itself and
Hickory ez, North 'Texas Boulevard ROWA\ Deed Without Warranty
its successors and assigns, hereby waives all surface rights and other rights of ingress and
egress in and to the Property related to such reserved mineral interest, and agree that in
conducting operations with respect to the exploration for and production, processing,
transporting and marketing of oil, gas and other minerals from the Property, that no portion
of the surface of the Property will be used or occupied and that fixtures, equipment,
buildings or structures used in connection with the exploitation of the reserved mineral, oil
and gas rights, shall not be placed on the surface of the Property. Nothing herein, however,
restricts or prohibits the pooling or unitization of the mineral estate owned by Grantor with
land other than the Property; or the exploration or production of the oil, gas, and other
minerals by means of wells that are drilled or mines that open on land other than the
Property but enter or bottom under the Property, provided that these operations in no
manner interfere with the surface or subsurface support of any improvements constructed
or to be constructed on the Property.
REPRESENTATIONS AND WARRANTIES OF GRANTEE:
Grantee represents and warrants to Grantor that it has made an independent inspection and
evaluation of the Property and the title to same and the ability and legal authority of Grantor to
execute and deliver this Deed Without Warranty and acknowledges that Grantor has made no
statements or representations concerning the present or future value of the Property, the state of
title of the Property, or the condition, including the environmental condition of the Property or the
ability and legal authority of Grantor to execute and deliver the Deed Without Warranty to Grantee.
GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER,
EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION,
AS TO THE DESCRIPTION, TITLE, VALUE, QUALITY, QUANTITY, PHYSICAL AND
ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS
CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE
PAST OR HISTORIC USE OF THE PROPERTY, AND/OR MERCHANTABILITY OR
FITNESS FOR PURPOSE OF ANY OF THE PROPERTY, ABSENCE OF LATENT DEFECTS,
COMPLIANCE WITH LAWS AND REGULATIONS OR THE ABILITY AND LEGAL
AUTHORITY TO EXECUTE THIS AGREEMENT AND DELIVER THE DEED WITHOUT
WARRANTY.
Grantee further acknowledges that, in executing and accepting this Deed Without
Warranty, it has relied solely upon its independent evaluation and examination of the Property,
and public records relating to the Property and the independent evaluations and studies based
thereon. Grantor makes no warranty or representation as to the accuracy, completeness or
usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any
third party. Grantor, its officers, employees, elected officials, independent contractors, and agents
assume no liability for the accuracy, completeness or usefulness of any material furnished by
Grantor, 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 claims related to such matters. Reliance on any material so furnished shall not give
rise to any cause, claim or action against Grantor, its officers, employees, elected officials,
independent contractors and/or agents, and any such reliance shall be at Grantee's sole risk.
Hickory @ North Texas Boulevard ROWA\Deed Without Warranty
THE CONVEYANCE OF THE PROPERTY SHALL BE 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
LIMITATION, AS TO TITLE, DESCRIPTION, PHYSICAL AND ENVIRONMENTAL
CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN,
ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF
THE PROPERTY, THE QUALITY, QUANTITY AND VALUE OF THE PROPERTY,
FITNESS FOR PURPOSE, MERCHANTABILITY, ABSENCE OF LATENT DEFECTS AND
COMPLIANCE WITH LAWS AND REGULATIONS RELATED TO THE PROPERTY, THE
ABILITY AND LEGAL AUTHORITY TO EXECUTE AND DELIVER THIS DEED
WITHOUT WARRANTY, OR OTHERWISE. Grantee has satisfied itself as to the title, type,
condition, quality and extent of the property and property interests which comprise the Property.
Grantor, for the consideration stated herein and subject to the Reservations from and
Exceptions to Conveyance, grants, sells, and conveys to Grantee the Property, 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 Property Code (and all amendments and successors thereto)
are expressly excluded.
EXECUTED AND EFFECTIVE THIS DAY OF , 2017.
GRANTOR:
CITY OF DENTON
i y� Todd C l i -man, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
Hickory @ North Texas Boulevard ROWA\Deed Without Warranty
BY:
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GRANTEE:
Headliner Investments, Ltd.,
a Texas limited partnership
By:
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me cavi , 2017, by Todd Hileman,
City Manager, on behalf of the City of Denton.
'11117114hffEfi KWALTERS
NOTARY PVMX�SIATE OF TEANS
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Hickory @ North Texas Boulevard ROWA\Deed Without Warranty
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on
2017, by
ft� E0
Headliner Investments Ltd., a 1 exas limited partnership.
K
STEPHANIE CULLUM No'tar Public, State ofTexas
Notary Public, State of Texas My commission expires
My Commission Expires 01-28-18
AFTER RECORDING RETURN TO:
Capital Projects Department
Right-of-way / Real Estate Division
901-A Texas Street
Denton, Texas 76209
Attention: Paul Williamson
EXHIBIT A
All that certain lot, tact, or parcel of land lying and being situated in the City of Denton, and being a portion of East Hickory
Street as shown on the plat of the Original Town of Denton, as recorded in Cabinet A, Page 200, Plat Records, Denton
County, Texas, and being all of the 807.97 Square feet tract described in Volume 341, Page 527, Deed Records, Denton
County, Texas, and being more fully described by metes and bounds as follows;
Beginning at the Northwest corner of Tract 1 as described in deed to Headliner Investments, LTD recorded in Instrument
number 2016-55200, Real Property Records, Denton County, Texas, also being at the intersection of the East line of Russell
Street with the South line of East Hickory Street;
THENCE North 00 degrees 16 minutes 36 seconds West, across a portion of said East Hickory Street, a distance of 5.75
feet to a point for corner;
THENCE North 89 degrees 45 minutes 42 seconds East, a distance of 187.90 feet to a point for corner;
THENCE South 00 degrees 16 minutes 38 seconds West, a distance of 5.75 feet to the Northeast corner of said Tract 1;
THENCE South 89 degrees 45 minutes 42 seconds West, along the north line of said Tract 1 and along the South line of
East Hickory Street, a distance of 187.90 feet to the PLACE OF BEGINNING and containing 1,080.425 square feet of land
more or less;
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