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2017-116S:\Legal\Our Documents\Ordinances\l7\Hickory Street Partial Abandonment Ordinance - Final.docx low 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- contemplated compensation to the City within sixty (60) days of the effective date defined herein, this offer is rescinded without further action of the City.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 .... .... . . .. - By. . ......... . OM M : >aUfTflff_TITO -SoN I z i4*3 a M men A -F6K --OT17.reTt A 2 1.1 1 e &C c , qj, 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; YA11511ve)2IMMITIM991I across a pUNIUMOY-M feet to a point for corner; «<3«»F-374 I gill:�111i!II!p'! pipil � !!I III I»««<»<, a<#<¥<111711`1171 11! 1' � � I2» IIII I 1 1111111 1 IMA11 W_ EWAI �1711MRXTV W-F-PIVUE-FF-O"Iff I rig 1,1161.425 Stliture toot Of lant more or less; BUILDING EAST 1-11CKORY STREET Iliw > -I ORIGINAL 11026 SEE V L 3 A P G, tr,;,, Hlf REE I SEE DETAIL POINT L2 5 DETAILS POW —j wO 7- 7 En NUIJ-45'42"Ll POINT L4 1, POINT BUILDING Iliw > -I 11026 LINE BEARING ISTANCE V L 3 A P G, tr,;,, �.f U3 ICI 5 o u, —j wO ca En NUIJ-45'42"Ll .jdpi 0 Z z 74 DETAIL A KEN MER N8 .... L4 S69'4 DETAIL B j PW LEGEND BT(WAN 08 POINT OF BEGMM MULBERRYSTREET 0 mnnsii�30' � 0 Is 30 > -I 11026 LINE BEARING ISTANCE V L 3 A P G, tr,;,, �.f 1 ICI 5 o u, 1 12- ACRE L2 NUIJ-45'42"Ll WMN Z z OF KEN MER N8 .... L4 S69'4 A "RGIT01' llAND,'lESCR5Ml.D'N A DEED HILOCK21, C�91,01'2 l'OVM INS ��P,20191 UE I , RPI, 0 Cl CAB A, PG, DEN'MON 1"EXASI CA,., A ., 200 BUILDING LEGEND BT(WAN 08 POINT OF BEGMM MULBERRYSTREET 0 mnnsii�30' � 0 Is 30 > -I 73 c", O �.f ICI L o u, �9 71� Z z OF KEN MER N8 .... 5312 0 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: , ZP 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 w w Lary 1 .iblic, §ta, c oa 1 eras y Coll nIission expires �. 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; iwes *,1 OF KENN AM llgOER 53 2 . n'' 0447 U R PAGE 1 OF 2 r V■ i ■ r\aT r C^rllalI a MA o A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF DENTON ' VOL. 311, PG. 596 a v (NE CORNER TO SE CORNER) Z Z (LOT 2, BLOCK 21) S 00 16'38" E 295.73' A p Z 0 o PLG'6 (Y, BLR7C@6 2'B) 11 d SOUTY'11 145.70' SOUTH 15000" d 00 Jt3l U) � Q O w Lu LUQ z Z Uj n Q J z1Q �c� QZ m LL aW Lu Q O� m�N 0 O w H� � E- LoCD q l Y M I u UQ = UU' J U)w —O W �> QZN0! Qof4#d Z w F g-iZ u W Q — W — — W Z in',rn zo w Q O W U) ar-rr�� U)t6ooLoo F- A a r.; J J �.ww3: } zaonvMv p _ R io U) (o U) W F- w 0000) m pro0OD J WwzZ U)U) c�c J J J J G 0 Z UO Z Z OpoA NOv7o Za(9 qj W YZ YZXcy WOw Vow USW Um 'U _j°za °F~a q Woo Q m14 QoQ V �QOQ �I ZZ OLDW< ~5w¢ 00 OWQO OR�QO 0-a Q co O I O M a s (LOT 2, BLOCK 21) SOUTH, 145.70' (LOTS, BLOCK 21) SOUTH, 150.00' NW CORNER 297.16' 0 ( TO ' SW CORNER) 0 3g. B __......._... 4,. 1332J1s 113ssn� Z m 0 4 30'J (ry .. J 4.30 W 01' N LL O N W CD IL