2008-292ORDINANCE NO.2008- ~9z
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A STREET RIGHT-OF-WAY PURCHASE AGREEMENT BY AND
BETWEEN THE CITY OF DENTON, TEXAS AND RAYZOR INVESTMENTS,
LTD., AND ANY OTHER DOCUMENTS AND CONVEYANCES THAT ARE
NECESSARY TO ACQUIRE AN APPROXIMATE 1.2065 ACRE STREET RIGHT-
OF-WAY TRACT, BEING LOCATED IN THE N.H. MEISENHIEMER SURVEY,
ABSTRACT NUMBER 810, CITY OF DENTON, DENTON COUNTY, TEXAS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE. (NORTH-SOUTH 42-INCH WATER LINE PROJECT)
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute a
Street Right-of-Way Purchase Agreement by and between the City of Denton, Texas, as
Purchaser and Rayzor Investments, Ltd., as Seller, substantially in the form that is
attached hereto and made a part hereof as Exhibit "A" (the "Agreement"); and the City
Manager is hereby authorized to expend the funds pursuant to said Agreement; together
with any other documents necessary for the acquisition of the street right-of-way tract, as
described in the caption above. The street right-of-way tract is being acquired for
purposes of streets, utilities and drainage.
SECTION 2. This Ordinance shall become effective immediately upon its
passage and approval.
lzd
PASSED AND APPROVED this Z day of /A/Vobu, , 2008.
MARK A. BURROUGH YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By. / , )n L &
AP OVED TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: /UU_0.
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STREET RIGHT-OF-WAY PURCHASE AGREEMENT
AGREEMENT dated December 22 , 2008 between Rayzor Investments, Ltd.
("OWNER") and the City of Denton, Texas ("CITY").
WITNESSETH:
WHEREAS, Rayzor Investments, Ltd. is the owner of a certain tract of land in the N.H.
Meisenheimer Survey, Abstract Number 810, evidenced by conveyance to Rayzor Investments, Ltd.
by deed, specifically being Section 3, Tract Fifteen in Volume 1796, Page 601, recorded in the
Denton County Deed Records, said tract being affected by the public improvement project called
North-South 42-inch Water Line Project ("PROJECT"); and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary street right-of-way for the PROJECT;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
At Closing, the OWNER shall grant, execute and deliver to the CITY a street right-
of-way deed-,the right-of-way tract of which traverses Owner's property, more
particularly described as a 1.2065 acre tract of land, referenced hereinafter as the
"Street Right-of-Way". The conveyance instrument for the Street Right-of-Way
being in form and substance identical to that instrument attached hereto as
ATTACHMENT 1;
2. At Closing, the CITY shall pay OWNER, Seventy One Thousand One Hundred and
Sixty Dollars and No Cents ($71,160.00) as payment for the Street Right-of-Way as
Total Compensation. The Total Compensation payment represents full and adequate
consideration for the Street Right-of-Way tract contemplated herein and any
improvements therein, including without limitation, any damages to the remainder of
OWNER's property;
1 The Closing shall be in and through the office of Republic Title of Fort Worth (Title
Company) with said Title Company acting as escrow agent, on the date which is 30
days after the Effective Date, unless the OWNER and the CITY mutually agree, in
writing, to an earlier or later date ("Closing Date"). The OWNER shall convey the
Street Right-of-Way free and clear of all debts and liens. The OWNER shall assist
and support satisfaction of all closing requirements in relation to solicitation of
release or subordination of liens and encumbrances affecting the Street Right-of-
Way, if necessary;
4. The stipulated Total Compensation amount shall be paid by the CITY at closing to
the OWNER through the Title Company. All other typical closing costs associated
with this transaction shall be paid specifically by the CITY, except for OWNER's
attorney's fees;
Page 1
5. The CITY expressly acknowledges that the Street Right-of-Way is being conveyed
and accepted AS-IS, WHERE-IS WITH ALL FAULTS, and, OWNER makes no
representations or warranties, express or implied, with respect to the physical
condition or any other aspect of the Street Right-of-Way;
6. This AGREEMENT is subject to all matters shown of public record to affect the
Street Right-of-Way, including all liens, claims, easements, restrictions, covenants,
mineral and royalty interests shown of public record, and all other contracts, burdens
and encumbrances of any kind affecting the Street Right-of-Way;
7. The date on which this AGREEMENT is executed by the last to sign of the parties
shall be the "Effective Date" of this AGREEMENT;
8. This AGREEMENT constitutes the sole and only agreement of the parties and
supercedes any prior understandings or written or oral agreements between the
parties respecting the within subject matter.
ATTEST:
JENNIFER WALTERS, CITY SECRETAR
CITY OF DENTON
By: 6_ M ~q -
George C. Campb 1,
City Manager
101
Date: Z
Y
BY:
0 U
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Page 2
RAYZOR INVESTMENTS, LTD., a Texas limited partnership
By: The Rayzor Company, a Texas corporation,
its general partner
~Pg-OR C,
ORPO ~.O
By: ~dJv ~(M/ ~ R9TF y2
Philip A. Bake # Vice President SEgL
1985
~o~ ~xAS
Date: ~
Page 3
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of: (1) an executed copy of
this Agreement. Title Company agrees to comply with and be bound by the terms and provisions of
this Agreement and to perform its duties pursuant to the provisions of this Agreement including
without limitation those terms relating to compliance with Section 6045(e) of the Internal Revenue
Code of 1986, as amended from time to time, and as further set forth in any Regulations or forms
promulgated thereunder.
TITLE COMPANY:
REPUBLIC TITLE OF FORT WORTH
Attn: Joanna Cloud
420 Throckmorton, Suite 640
Fort Worth, Texas 76102
Telephone: (817) 877-1481
Telecopy: (972) 445-5047
By: fp t
Printed Namc: Sh 16 S ~""s"' an
"Title: Lf D ~SS~
Contract receipt date: t Z~ l o o°i
Page 4
Attachment 1
Sheet 1 of 5
STREET RIGHT-OF-WAY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Rayzor Investments Ltd., a Texas limited partnership, of Denton County, Texas,
(whose mailing address is P.O. Box 336, Denton, Texas, 76202-0336), hereinafter called "Grantor,"
for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable
consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a home rule municipal
corporation, hereinafter called "Grantee," the receipt and sufficiency of which is hereby acknowledged,
and for which no lien is retained, express or implied, does GRANT, SELL and CONVEY unto the
Grantee all of that certain tract or parcel of land containing approximately 1.2065 acre of land, in the
N.H. Meisenheimer Survey, Abstract No. 810, situated in the City of Denton, Denton County, Texas,
as more particularly described in Exhibit "A" and as illustrated in Exhibit "B", both of which are
attached hereto and made a part hereof for all purposes, together with all improvements situated
thereon and all, and singularly the rights and appurtenances thereto and any and all right, title and
interest of Grantor in and to any adjacent streets, alleys or rights-of-way, hereinafter collectively called
the "Property."
It is acknowledged and agreed that Grantee is acquiring the Property for the purpose of
permitting Grantee or its agents or assigns to construct, maintain, repair and operate thereon street,
highway, right-of-way, drainage improvements, utilities and other related improvements. Grantor
hereby agrees that it has been fully compensated by Grantee for the property interests conveyed to
Grantee hereunder, including without limitation, the right or claim to severance damages, or any
damages to, or diminution in value of, other lands belonging to Grantor, that may be claimed or
asserted by virtue of such acquisition of the Property by Grantee and Grantor hereby waives any and all
right or claim to additional compensation.
Grantor hereby retains and reserves, for Grantor and its successors and assigns forever, all of
the, oil, gas, casing-head gas, and all subsurface minerals of every kind and nature ("Reserved
Resources") in and under, and that may be produced from, the Property. Grantor waives and releases,
on behalf of Grantor and Grantor's successors and assigns, all rights of ingress and egress and all other
rights to enter upon or to use the surface of the Property or any part thereof for purposes of exploring
for, developing and/or producing the Reserved Resources in and under the Property; provided,
however, nothing herein shall prevent Grantor or its successors and assigns from exploring for,
developing and/or producing the Reserved Resources in and under the Property by pooling or by
directional drilling under the Property from well sites located on other property. In no event shall
Page 1
Attachment 1
Sheet 2 of 5
Grantor have any liability or responsibility for any surface damage or injury to property or person as a
result of the exploration and/or production of the Reserved Resources by any mineral lessee of Grantor,
and Grantee agrees that Grantee shall pursue any such claims solely against such mineral lessee,
however, any and all mineral lessee(s) shall exercise due regard for the Grantee's surface rights granted
herein including reasonable measures to insure direct support of the surface estate.
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.
Grantor does hereby bind Grantor 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 Grantor, but not otherwise.
Witness my hand to be effective as of the day of August, 2008.
Rayzor Investments, Ltd., a Texas limited partnership`
By: The Rayzor Company, a Texas corporation,
its general partner
By
Philip A. Baker, Vice President
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON' §
This instrument was acknowledged before me this day of July, 2008 by Philip A. Baker,
Vice President, The Rayzor Company, a Texas corporation, as General Partner of Rayzor Investments,
Ltd., a Texas limited partnership, on behalf of said limited partnership.
Notary Public, State of Texas
Printed name:
My commission expires:
Page 2
Attachment 1
Sheet 3 of 5
Accepted this day of August, 2008 for the City of Denton, Texas (Resolution No. 91-073).
BY:
Paul Williamson
Real Estate Manager
Upon recording return original to:
City of Denton
Utilities Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
Page 3
Attachment 1
Sheet 4 of 5
DESCRIPTION OF PROPOSED RIGHT-OF-WAY PARCEL
SITUATED in the City of Denton, Denton County, Texas, and being a tract of land in the N. H.
MEISENHIEMER SURVEY, Abstract No. 810, and being a portion of that certain Section 3, Tract Fifteen
described in deed to Rayzor Investments, Ltd. recorded in Volume 1796, Page 601, of the Denton
County Deed Records, and said portion being more fully described as follows:
BEGINNING at an "RPLS 1640" capped 5/8" iron rod set .in a south line of said Rayzor Section 3, Tract
Fifteen and the north line of that certain tract conveyed to the City of Denton by deed recorded in
Volume 697, Page 213, of said Deed Records, said point being 148.82 feet North 88 degrees, 55 minutes,
40 seconds West from the northeast corner of said City of Denton tract and an angle point in the said
Rayzor tract;
THENCE North 88 degrees, 55 minutes, 40 seconds West with the common line between said Rayzor tract
and said City of Denton tract, 229.94 feet to an "RPLS 1640" capped 5/8° iron rod set for comer, said
point being the beginning of a curve whose center bears North 1 degree, 04 minutes, 20 seconds East,
200.0 feet,
THENCE crossing said Rayzor Investments tract, the following courses and distances:
northeasterly with said curve, a distance of 206.35 feet to an °RPLS 1640° capped 5/8"
iron rod set for the end of said curve;
North 31 degrees, 57 minutes, 30 seconds East, 390.30 feet to an "RPLS 1640" capped
5/8° iron rod set for corner; and,
North 13 degrees, 02 minutes, 30 seconds West, 35.36 feet to an "RPLS 1640° capped 5/8°
iron rod set for corner in the southwesterly line of Business U.S. Highway 77/Sanger Road,
being the southwesterly line of that certain tract conveyed to the State of Texas by deed
recorded as Parcel 14 in Volume 4263, Page 1337, of said Deed Records;
THENCE South 58 degrees, 02 minutes, 30 seconds East with said southwesterly line of Business U.S. 77 and
State of Texas tract, 150.0 feet to an °RPLS 1640" capped 5/8" iron rod set for corner;
THENCE again crossing said Rayzor tract, the following courses and distances:
South 76 degrees, 57 minutes, 30 seconds West, 35.36 feet to an "RPLS 1640" capped
5/8" iron rod set for corner; and,
South 31 degrees, 57 minutes, 30 seconds West, 443.91 feet to the PLACE OF BEGINNING,
and containing 1.2065 acres (52,555 square feet).
rayzor coMenton4660row
Attachment 1
Sheet 5 of 5
NOTE: All originally signed documents produced by the surveying
organization identified hereon will contain an impressed seal. Any
document appearing with this company's identification block and
surveyor's signature without that impressed seal should be considered
a copy not produced under the surveyor's supervision, and may hove
been altered without the surveyor's knowledge and consent.
RINEY
ROAD
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"5//B LR. Find NORTH
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Graphic Scale in Feet
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i to RAYZOR INVESTMENTS LTD. ~ \ qJ: M'
1796-601 N 13'02 3Q'1►V \
(SECTION 3. TRACT FIFTEEN) 35.36 ~6~0•' X10 ' `\`c
o I S 76'57 301W
Z \ \ h^ AREA 35.36'
'rXDOT' Capped
A .2065 ACRES 5/8' I.R. Fnd. "
52, 5,55 SQ.
S 31'57'30"W -J~
o, I e> n \ 10.18'
C.1 W I 4 .h^
o I a~1a~~ \ \ Survey Map of
Z WLS 1640• Q 0Z a tract of land in the
Capp 5/8' wPis 1640 N. H. MEISENHIEMER
ut Se
capped 5/8'
UL Sell SURVEY. Abstract No. 810.
2pro 5 EU55'4Q1WI in the City of Denton,
i 5aa7• 229,94 _ Denton County, Texas
l- a 148.82' (See accompanying description).
9MZ0wo 1290.00'
66705'05"W. 499.39'
ASE BEARING PER 697-213)
Z
to CITY OF DENTON BECIN
J Y.
697-213 DESCRIPTION '~,`~9•
Surveyed on the around, under my enpervision. o'poly
GEM CITRTI9 ASSOCIATES, INC., 07MORS
l.
Gerald A. Curtis
Tezae Registration No. 1640
08M
GERRY CURTIS ASSOCIATES, INC.
Surveyors
P.O. Box 9668 817/334-0381
Fort Worth, Texas 76147-2668
MEIS779R-ROWDWG. MWIS779R.CRO 08-05-4660 MAPSCO247E