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2007-166 ORDINANCE NO. 2007- & AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BY AND BETWEEN EAGLE FARMS, INC., AND JOHN PORTER AUTO SALES, INC., AS SELLER, AND THE CITY OF DENTON, TEXAS, AS PURCHASER, REGARDING A 1.069 ACRE TRACT OF LAND LOCATED IN THE F.P. JOHNSON, C.R. GREEN, J.F. MYERS, AND H.F. BRUMMETT SURVEY, ABSTRACT NO. 1699, LOCATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 691.64 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO EAGLE FARMS, INC., AND JOHN PORTER AUTO SALES, INC., RECORDED IN COUNTY CLERK DOCUMENT NO. 93-R0077959, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is desirous of entering into a Real Estate Contract with Eagle Farms, Inc., and John Porter Auto Sales, Inc., as Sellers, to acquire approximately 1.069 acres of land as more particularly described in that certain Real Estate Contract attached hereto and made a part hereof by reference (the "Contract"); and WHEREAS, the City Council finds that the Contract serves valid municipal and public purposes and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. Section 2. The Contract is hereby approved. The City Manager or his designee is hereby authorized to enter into the Contract, to make the expenditures provided for therein, and to carry out the City's rights and duties under the Contract. Section 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this / day of '2007. PERF&C McNEILL, MAYOR Page 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 REAL ESTATE CONTRACT THIS`CONTRACT OF'SALE is made by Eagle Farms, Inc., and John Porter Auto Sales, Inc. (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, 'of Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. I PUACHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described and illustrated in "EXHIBIT X' attached herein, with off rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being, hereinafter referred to as the "Property"), together. with any improvements, fixtures,.and personal? property situated on and attached to the Property, for the { consideration and upon and subject to the terms, provisions, and coiulitions hereinafter set forth. PURCHASE PRICE 1. Amouni• of Purchase Pri ce. ; The total purchase, price for the Property shall be the sum of Fatty Three Thousand Four Hundred and Seventy Two Dollars and No Cents . ($43;472.00) (the "Purchase Price"). i 2. Payment of Purchase Price. The full amount-of the Purchase Price.shall be payable in cash at the closing. in. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to thesatisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at of-prior to the closing. 1`.. Preliminarv:Title Report. Within ten (10) business days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owner's policy commitment (the "Commitment") accompanied by-copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) business days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall..at Seller's option, promptly undertake to eliminate or inodify all :unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) business days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall.be deemed to be Purchaser's acceptance of the commitment. 2. Survev. Purchaser; at Purchaser's sole cost and expense; shall obtain a current survey of theProperty, prepared by a duly licensed :Texas land surveyor acceptable to Purchaser. The . survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- wag on or adjacent to the Property, if any, and shall contain the surveyor's certification that there., are no encroachments on the Property and shall set forth the number of total acres comprising the . Property, ,together with a metes and bounds description, thereof. Following, delivery of the Survey, the parties, agree to amend this Contract to. substitute the metes and bounds description of the Property set forth on the Survey for the current description set forth herein if the current description is different from that set forth in the Survey. Purchaser will have ten (10) business days after receipt of the survey to review and approve the, survey. In the event the survey is unacceptable, then Purchaser shall within the ten-(10)- business day period, give Seller written notice of this fact. Seller shall, at Sellers option, promptly:undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable.to do so within ten (10) business days after receipt of written notice, Purchaser, at'its option may elect to terminate this Agreement (in which event this Agreement shall be mill and void), grant Seller additional time to cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3.Sellei s Compliance., Seller shall have performed, observed, and complied with all of the covenants, agreeruents, and conditions' required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. 2 - i IV. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which' representations and warranties shall be'deemed made by Seller to Purchaser also as of the closing date: 1:-.Property to-be sold in "AS IS" condition; however nothing.herein shall be constmed to release, discharge of-hold harmless, any of Seller's predecessors in title. V . CLOSING The closing shall be held at -the office ofSendera Title Company 2220 San Jacinto Blvd., Suite 310, Denton „Texas, on or before July 31, 2007, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the - "closing date"). ,VL ' CLOSING REQUIREMENTS L Seller's Requirements. At the closing' Seller shall: A Deliver to the. City of Denton a duly executed and acknowledged Special Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any' and all liens, leases, encumbrances, conditions, assessments, and restrictions, except for the following: 1.' ' General real estate taxes for the year of closing and subsequent years not yet due and payable; .2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations hereof; and 3: Any. exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Seller's sole expense, issued by. Sendera Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the City of Denton to the Property subject, only to those title exceptions listed` in Closing Requirements hereOt such other exceptions as may be, approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of. Texas Owner s Pbh of Title Insurance, provided, `however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with it shalt be borne by Purchaser, 2. The exception as to restrictive covenants shall be endorsed "None of Record"; 3.The exception for taxes shall be limited to the year of closing and shall be 'endorsed "Not :Yet Due and Payable"And 4.. The exception as to liens encumbering the Property shall be endorsed "None of Record"- C. Deliver to Purchaser possession of the Property on the day ofctosing. 2. "Purchaser's Requirements:. Purchaser. shall pay the consideration as referenced inithe "'Purchase Price" section of this contract at Closing in immediately available funds. 3:. Closing Costs. Seller shall pay. all taxes assessed by any tax collection authority, through the date ; of Closing, , All: other customary and standard costs and. expenses .`of closing in consummating thesale and purchase of the Property not specifically allocated herein shall be paid by the Purchaser, except each y party will be'responsible for its-ownattorney fees. VII. REAL ESTATE COMMISSION Seller and Purchaser represent and warrant to each other that neither has retained a broker for this transaction and that there are no brokers or real estate fees due as a result of the consummation of this contract. VIII. RIGHT OF ENTRY AND POSSESSION Seller hereby agrees to, and shall execute the Right Of. Entry and Possession attached hereto and made'a:part hereof as Exhibit "B simultaneously with the execution of this Real. Estate Contract, which will allow the Purchaser the right of entry upon, the. right to remove 4 i , improvements, if any, .with which the Property is encumbered, and grant immediate, possession of the Property for public utility, access, grading, and construction purposes. IX. BREACH BY. SELLER If Seller fails to fully and timely perform any of its obligations under this:Contract or fails to consummate the sale of the Property for any reason, except Buyer's default Buyer may enforce Specific performance of this Contract. X BREACH BY PURCHASER In the event Buyer fails to consummate the purchase of the Property, if Seller is not in default' under thisContract, Seller will have the right to enforce specific performance of this Contract. XL .MISCELLANEOUS 1. Assignment of Agreement. Purchaser may assign this Agreement without the express ` written consent of Seller: 2. 'Survival `:of Covenants.' Any of the representations, warranties, covenants;. and agreements. of the parties, as weft as any rights and benefits of the patties, pertaining to. a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3.. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States- mail; postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the base maybe, at the address set forth beneath the signature of the party.. a. Seller's agent for purposes of notice shall be: John Porter, 1204 West University Drive,. Suite 400, Denton, TX 76201; (940) 391-0448. 5 b. Purchaser's agent for the, purposes of notice shall.be: Edwin Snyder, City Attorney, City of Denton, 215 East McKinney Street,: Denton; Texas, 76201(940) 349-8333. 4. Texas Law to.Anoly. This Agreement shall be construed under, and in accordance with the laws of the State of Texas; and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and. inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives; successors and assigns :where permitted by this Agreement. 6. Zeal Construction. In case any, one or more of the provisions contained in this Agreement shallfor any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity; illegality, or unenforceability shall not affect. arty. other provision hereof, and this Agreement shalt be construed as if the invalid; illegal, or unenforceable provision had never been contained herein: 7, Prior Asteements Superseded. This Agreement constitutes the sole and only agreement of the parties. and supersedes any prior understandings or written or oral agreements between'the parties respecting the within subject inatter. 8. Time of )essence. Time is of the essence in this Agreement. 9. 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 contextrequires otherwise: 10. Memorandum of Contract. 'Upon request of either pariy,;both parties shall promptly execute a memorandum of this Agreement suitable for filing of record: ` 11. Compliance. In accordance with the requirements of the Texas Real Estate License' Act, Purchaser is' hereby advised-that it should be famished with or obtains' a policy of title insurance or Purchaser should have the abstract covering the Property examined.by an attorney of Purchaser's own selection. . 12. Effective Date; The term "Effective Date" means the latter of the dates on which this Contract is signed'. by either Seller or Purchaser, as indicated by their signature below: If the last party to execute this Contract fails to complete the date of execution below that party's signature, the date the TitleiCompany acknowledges receipt of a copy of this fully executed contract is the Effective Date. 6 r IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows: SELLER: Eagle Farms Inc: and John Porter Auto Sales Inc. By: John Porter Title: /~11✓T PURCHASER: City of Denton, Texas By: George Campbell City Manager APPROVED AS TO FORM: CITY ATTORNEY City of Denton, Texas BY: ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DENTON Before me the undersigned authority on this day personally appeared John Porter, known to me to be the person whose name is subscribed hereto and after being duly sworn, acknowledged that he is authorized and has executed the above document for the purposes and consideration therein stated and for the purpose therein stated on behalf of Eagle Farms, Inc. and John Porter Auto sales, Inc_ Witness my hand and seal of office this the Lg * day of 1 QA- E 2007. sioLLE MICHAEL BREtT state o of Taxes 01 Taxas Notary Public in and for WWI" No MV PublIC n'm"s ,on E,pifes State of Texas 0 t Mac ,,AU9uS122, 201 f(REL a. JToLL~ Printed Name of Notary My commission expires 9- 22 - 7-0I ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DENTON Before me the undersigned authority on this day personally appeared George C. Campbell, City Manager, City of Denton Texas, known to me to be the person whose name is subscribed hereto and after being duly sworn, acknowledged that he executed the above document for the purposes and consideration therein stated and for the purpose therein stated on behalf of and for the City of Denton, Texas. Witness my hand and seal of office this the day of 2007. Notary Public in and for LINDA HOLLEY State of Texas Public, State of Texas Notary ~ My Commission Expires `.~~04. l~,L~r-y r= December 08.2 009 Printed Name of Notary My commission expires 8 TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT The Title Company acknowledges receipt of the fully executed Contract on -7 day of u ~ 2007. TITLE COMPANY: Name: Senders Title Company Address: 220 San Jacinto Blvd. Denton, Texas 76205 Phone: 940-442-6159 By: ko~lon~~ Printed Name: 6jaci e 1-lolbzrl Title: VicL ~lfcy;dcn~ 9 EXHIBIT -A~ Arthur Surveying Co., Inc. xoraswonw zx ud survey.,, P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 FIELD NOTES Being.all that certain bt, tract or parcel of land situated in the F. P. Johnson, C R Green, J. F. Myers, and H. F. BrummettSurvey, Abstract No. 1699, located in the City of Denton, Denton County Texas, and being a portion of a called 691.64 acre tract of. land described in deed to Eagle Farms, Inc., and John Porter Auto Sales, Inc., recorded in County Clerk Document No. 93-110077959, Real Property Records of Denton County, Texas, and being more particularly described by metes and bounds as follows COMMENCING at a 1/2 inch iron rod found for the northeast,oomer of a called 1.33 sore tract of land described in deed to The City of Denton, Texas, recorded in Volume 1185, Page 999, Real Property Records of Denton County; Texas, from which a 600. Nail found at the intamecuan of Masch Branch Road and Jim Christal Road, same being w{ the most northeasterly comer of said Eagle Farms and John Porter Auto Sales Tract, bears South 85 degrees 11 minutes 43:seconds East, a distance of 4663.66 feet; THENCE South •19 degrees 26 minutes 07 seconds West, with the common tine ofsaid Eagle Fauns ±and John PorterAuto Sales Tract, and said Ctly of Denton Tract. a distance of 138.94 feet to a 1112 inch iron rod with a cap stamped 'Arthur Surveying Company' setfor,the POINT OF BEGINNING; THENCE ovei and across said Eagle Farms.and John Porter Auto Sales Tract, the following courses and distances: South 00 degrees 37 minutes 18 seconds East o distance of 93.31 feet to a 112 inch iron rod with a cap stamped "Arthur Surveying Company" set for comer, South 19 degrees 26 minutes 07 seconds West, a distance"of 132x13 feet to a U2 inch iron rod with a cap stamped "Arthur Surveying Company' set foroomer, . ` South 89 degrees 22 minutes 29 seconds West, a distance of 253.90 feet to a 1/2 inch iron rod with asap stamped "Arthur Surveying Company" set for comer North 00 degrees 37 minutes 31 seconds West, a distance of 348.59 feet to a 1/2 inch Iron rod with `a cap stamped Arthur Surveying Company" set for comer; North 89 degrees 22 minutes 29'seconds East; a distance of 60.00 feet to a-112 inch iron rod found for the northwest comer of said City of Denton Tract; R'laeepola3Y0U71T105216-dty ofdaamiWoea~2705216_bndyeoc - POP 1 ' - - - viua.i:,Y-~4 .c.Sfti v:..Yl ,..n.a'.o ._n.. n..' ...L e.. . t' ~r rthur Surveying Co., Inc. - . . - `ProPe~sioasl Tared 5uz^veyors ; P.O. Box 54 Lewisville, Taxes 75,067 Office: (972) 221-9439 -Fax (972) 221467s . THENCE with the common line of said Eagle Farms and John Porter Auto sales Tract, and said City of.DentonTract, the following courses and distances: South 06'degrees 37 minutes '31 seconds East, a instance of 236.59 feet to al 2 inch iron rod with a cap stamped "Arthur Surveying' Company' set for comer, North 89 degrees 22 minutes 29 seconds East, a distance of 200.00 feet to a 112 inch iron rod with a cap stamped 'Arthur Surveying Company' set for comer, North 19 degrees 26 minutes 07 seconds East, a distance of 115.06 feet to the POINT QF BEGINNING;and containing a 1.069 acres of land more or less. W. THAI) MURLEY III 5802 °Rtest °r C:teecpiulea 16•cnrwd8rftnW0 sW=10, -WWV.dx anWW7 EXHIBIT B . RIGHT OF ENTRY AND POSSESSION STATE OF TEXAS § COUNTY OF DENTON § WHEREAS;': Eagle. Farms,: Inc; and John. Porter Auto.: Sales, Ine. a Texas limited partnership is the owner (hereinafter referred to. as"GRANTOR") of the following tact of land: 1. Tracts or parcels of land (collectively called the "Property") containing a total of approximately 1.069 acres of land; situated in the City of Denton, Denton County; Texas, as more', particularly described°in "Attachment 1", all of which are attached hereto andmade a part hereof by reference: WHEREAS; the City is going to acquire fee title in the Property for public utility purposes; and WHEREAS, the City will acquire the "Property" by donation or purchase, or upon failure to acquire by donation] or purchase, by condemnation proceedings; and WHEREAS, the City needs possession of the Property in order to construct important public utility improvements for the expansion of the electric substation adjacent to the Property, related facilities, and appurtenances (The ``Public Utilities'): NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS; .that Grantor for and in consideration of the sum of TEN DOLLARS ($16.00) and other good and valuable consideration to it in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged and confessed, has Granted, Bargained, Sold and Conveyed and by these presents does Grant, Bargain, Sell and Convey unto the City, its contractors and assigns, the right of entry upon, the right to remove improvements if atry, with- which the land is encumbered, and possession of the Property for public utility access gradurg and construction purposes. This grant of right of entry and possession is conditioned upon the following: 1. Grantor and the City-agree to and hereby designate the date of taking for winch to value the Property for negotiation or condemnation purposes as the date of actual entry and possession of the Property by the City. 2. The grant herein made'shall not prejudice, in any way, Grantor's rights to receive full and just compensation from the City for the Property to be acquired by the City. 3. The City agrees to acquire the; Property either by donation or purchase; or in the alternative, by initiation of condemnation proceedings for the acquisition of the Property: in a good faith and timely manner. 4. It is expressly provided thatin the event the City institutes condemnation proceedings, 4a :.4 Y... .kwh is us: v .vF the City is not liable to Grantor for interest upon any award or judgment as the result of / such proceedings for any period -of,time prior to the date of the award. However,',. payment of any interest may be deferred by the City until-entry of judgment.. . 5. This. fight of entry and possession shall extend to the City, its contractors and assigns. 6. Grantor herein warrants that no person or corporation owns an interest in the fee title of the Property other than Grantor herein and there are no other parties in possession. TO HAVE AND:TO HOLD the possession ofthe herein described Property for public utility purposes and subject to the limitations above described. Executed this Zr6 day of VnlE__ 2007. GRANTOR Eagle Farms -Inc. and John Po er Auto' Sales By P2~nir Title: ACKNOWLEDGEMENT STATE OF TEXAS COUNTY'OF DENTON Before me the undersigned authority on this day personally appeared John Porter, known to me to be the person whose name issubscribed hereto and alter being duly sworn, acknowledged that he is authorized and has executed the above document for the purposes and consideration therein stated and for the, purpose therein stated on behalf of Eagle Farnis, Inc. and John Porter Auto sales, Inc.. Witness my hand and seal of office this the * day gf, C/i✓E 2007. Notary Public in and for ' State of Texas N ICHAEL BRETT STOLLE G7 Not" L(,-E W wic, state of Texas Printed Name of Notary ay r MY COmmisslon Expires • AWW 22, 2010:. My commission expire - 8 3~-2cyt~j s yv. ACCEPTED AND AGREED TO by the City of Denton, Texas this day of 2007. CITY OF DENTON, TEXAS A Home-Rule Municipal Corporation By: t~ George C. ampbell City Manager APPROVED AS TO FORM: Edwin Snyder, C ATTORNEY ATTACHMENT I \ PAGE I OF 3 ArthrSurveying` Co., Inc. Pznfesaioaai Laced Suzveporv P.O. Box 54 -Lewisville, Teo= 75067 Office: (972) 221-9439 - Fa¢ (972) 221-4675 FIELDWOTES Being all, that certain lot, tract or parcel of land situated in the F. R Johnson, C. R. Green, J. F. Myers, and H. F. Brummett Survey, Abstract No. 1699; located in the City, of Denton, Denton County Texas, and being a portion of a called.691.64 acre tract of . land described tl in deed bD Eagle Farms. Inc., and John Porter Auto Sales, Inc-, recorded inCourdy Clairk Document No. 93-110077959, Real Property Records of Denton County; Texas;:and being more particularly described by metes and bounds as follows: COMMEN W at a 112-inch iron rod found for the northeast comer of a called 1.33 ' acre fract'of land described. in deed to The City of Denton, Texas, recorded in Volume' 1185, page 999; Real Property Records of Denton County, Texas, from which a 60D- Nail found 8t the intersection of Masdl Brandt Road MCI Jitt1 ChffV&l Road, same being the most northeasterly comer of said Eagle Farms and.JOhn Porter Auto Sales Tract, bears South 85 degrees 11 minutes 43 seconds Fast, a distance of 4083.66 feet; THENCE South .19 degrees 26 minutes 07.s seconds West, with the common line of said Eagle Farms and John Porter Auto Sal• Tract and said City of ;Denton Tn3t . a distance of 138:94 feet to a 112 inch iron rod with a cap stamped 'Arthur Surveying Company' set for the POINT OF BEGINNING: THENCE over.and across said,Eagle'Fanns and John Porter Auto Sales Tract, the ' following courses and distances: South !OO degrees W minutes 18 seconds Fast, a distance=of.93.31 feet to a 12 Inch Iron rod with a cap stamped "Arthur Surveying Company' set for comer, South! 19 degrees 26 minutes 07 seconds West, a distance of 132.83 feet to 's 12 inch iron rod with a cap stamped "Arthur Surveying Company- set for comer South 189 degrees 22 minutes 29 seconds. West, a distance of 253.90 feet to a 12 inch iron rod with a cap stamped 'Arthur Surveying Compan' set for comer, North 00 degrees 37 minutes 31 seconds West, a distance of 348:59 feet to a 12 inch irpn.rod with a Cap st"ernped'"Arthur Surveying Company' set forcomsr, North 89 degrees 22 minutes 29 seconds Fast, a distance of 60.00 feet to a W. Inch iron rod found for the northwest corner of said City of Denton Tract; 0uwPWiWgWY470szre-arwaeftnWOMWO52+8'n AW enermoT - papa t - ti a.c t r r :eb ATTACHMENT 1 - PAGE 2 OF 3 Ahur Surveying Co:, Inc.. PY+ofessntoaal Lead Surveyors . . P.O..Box 54 --Lawisvirre; Taxea75067 Office:; (972) 221-9439 - Fax (972) 221.4675 - - THENCE with the common line of said Eagle Farms and John Porter Auto sales Tract and said City of Denton Track, the following courses and distances: South 00 degrees 37 minutes 31 seconds East, a distance of 238.59 feet to a 1!2 inch iron rod with a'cap stamped "Arthur Surveying Company- set for comer, North 89 degrees 22 minutes 29 seconds East, •a distance of 200.00 feet to a 112 inch from rod with a cap stamped °Atthur Surveying Company' set for comer, North 19 degrees26 minutes OT seconds East; a distance, of 115.08'feet:to the POINT, OF BEGINNING and containing a 1.069 acres of end more or less. OF i W. THAD MURCEy 111 ~C 5802 c Ciocpwjad2 U1f2703216-cKyaf tlwtDrAd s127m21s b dytlx . 8176@007 - - . Papa 2. - 3 E ATTACHMENT I PAGE3 OF 3 - CALLED 102.343 ACRES I - CALLED 102.3175 ACRES' THE•-ROBERT H. AND JIMMIE G. NOBLES' FAMILY PARTNERS,LTD. CHARITABLE REMAINDER UNITRUST DOC, NO. 93-ROO89031 _ Vol. 2897. Pg.- 995 R.P.R.D.C.T. - JIM CHRISTAL; ROAD R.P.R:D.C.T -.I bnw -(PU6ls adn)' Asphalt POmn.m tae t N89* 2229"E Maecn a.anan 9a.d 1/2-GIPS BO rO' 1/21pF(CM) .'•Cancr.f CNP :Orono N8722'29'E 287.13' bona 172I9F(CM) ; Jlm. Ch and (286.13') PP Goto nes Ferree POINT OF Q / COMMENCING (kinvi Pavement - - a - LN Existing Improvements Be thin fenced / - y o of area, however the scope of this sun,, Faa pp - does not repeal any, location of "id q o". _m CALLED 1 33 ACRES N THE CITY OF DENTON, TEXA5 m • VOL. 1185, PG. 999 A'a - N R.P.RD.C.T •rr OIINN OF, B M Hry Mn1 / / 4~ypwtrO, h p O 8 / h ' 6x ?G N b9 t1y Q ~O° ^ : P4-' h9y~ n :o m -4 3 oQ9 t` / r l l0 M . 2R OOG P O 00 Gr' Ndek e / Cap " 1/2-GIRS 1/2-clas N89°22' 9 E 200/00' 1/2-ewS - wr.' .n - Canon . Pow.- pole / Cmrcr.p PPalY eca. / ^N si9n / .D 1.069 ^ Acrfs CO . T. z.. W. THAD'MURLEY ' 1/2-CIRB - S8 22'29'W 25 vz-crtrs . 6302 ° CALLED 691.64 ACRES EAGLE FARMS INC. AND / / - $ JOHN PORTER AUTO SALES, INC. / 7959 C.C..I)OC. - NO. 9.T. R.P.RD C r NORTH . • 60 0 60 Feet J.069 Acres A} F: P. Johnson, C. R. Green, rthUr SurveyingCor) Inc J. F: Myers, & H. F. ,Brummett Survey Abstract Number 1699 Professsonal Land Surveyors City of Denton 972-227-9439 - Pax972-22J-4675 t 220 ELn Sneer, Suite 200 r P.O. Box 54-. Denton County, Texas Lewav;/Te, Tez4s 75067 -2007- , C:\A8C\o¢go)ed 200]\2]06216 - cllY BI dmpP\aw9\E%NIBR.dw9 ]/11/200] 3:22:Sfi PM COi .I . 1 SPECIAL WARRANTY 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. THE STATE OF TEXAS, § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS THAT the undersigned, Eagle rafms; Inc., and John Porter Auto Sales, Inc. (hereinafter referred to as "Grantor", whether one or more for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by City of Denton, Texas, a home rule municipality (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY unto the said Grantee, the real property containing approximately 1.069 acres of land more particularly described and illustrated in Exhibit "A" attached hereto and made a part hereof, together with all improvements, rights, appurtenances, and hereditaments located thereon or pertaining thereto, including all rights, title and interest of Grantor in and to adjacent streets, alleys, and rights-of-way (all of which foregoing are collectively referred to as the "Property"). THIS conveyance is expressly made by Grantor and accepted by Grantee subject to those exceptions affecting the Property that a set forth in Exhibit "C" attached hereto and made a part hereof by reference (the "Permitted Exceptions"). Grantor hereby retains and reserves, for Grantor and its successors and assigns forever, all of the oil, gas and other liquid or gaseous hydrocarbons in, under, or that may be produced from the Property. However, such reservation does not-include any right to enter or use any portion of the surface of the property to develop or produce the reserved estate. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assignees to WARRANT AND'FOREVER DEFEND all and singular the said premises unto the said Grantee, it's successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not otherwise, subject to the Permitted Exceptions and the Reserved Minerals. Executed to be effective as of the Z 7 day of August, 2007. Page 1 Eagle Farms, Inc. and John Porter Auto Sales, Inc. By John R. Porter ACKNOWLEDGMENTS STATE OF, TEXAS § COUNTY OF DENTON § This instrument is acknowledged before me, on this 7th ~ day of AuruSr 2007 by John R. Porter who has the authority to sign on behalf Eagle Farms, Inc. and John Porter Auto Sales Inc. ;:~?!y,• MICHAEL BRETT STOLLE Notary Public, State of Texas vii .my commission Expires Notary Public in and for ;reAugust 22, 2010 State of Texas Accepted this day of 5 r--PTeM6E2 2007 for the City of Denton, Texas (Resolution No. 91-073). BY:~~L Paul Williamson Real Estate & Capital Support Manager After Recording, Return to: City of Denton Utility and CIP Engineering Department 901-A Texas Street Suite B Denton, Texas 76209 Attention: RECS Division Page 2 CALLED 102.3175 ACRES CALLED 102.343 ACRES NOBLES FAMILY PARTNERS, LTD. THE ROBERT H. AND JIMMIE G. NOBLES C.C. IOC. NO. 93-ROO89031 CHARITABLE REMAINDER UNITRUST R.P.R.D.C.T. -~-Vol. 2897. Pg. 995 JIM CHRISTAL ROAD R.P.R.D.CIT 83'1 re3-EZp N82'22'2 y♦, 66' • (PUBIJC RIAD) Mpholt Povemenl the inter action or 1/2'GiRS 1/2'WF(CM) _ - Masch Branch prod 60 Or 'Concrete'. CMP Gravel N89'22'29'E 287.13' Gravel 2-IRF(CM) end Jim Chria ood- (286AY) Pv Cate Brick Fence / v POINT OF Grovel Pavement 'C / COMMENCING v m A Existing improvements lie within fenced y o 6 ni area. however the scope of this survey F Q 4 / - does not reflect any location of acid improvements. c a q J h w N CALLED 1.33 ACRES y ~ m THE CITY OF DENTON, TEXA 00 n 3 VOL. 1185, PG. 999 1.P1 N 8 R.P.R.D.C.T. F~~ ,z POINT OF BEGINNING M 1 J.`+,`q t/2-CIRs c2 Q EO O M QG ply pyo' al. X. to En / Im _ ' f W PS°' G . 00 ~ M ~ Q OpG' pQ O o, p Z 2 U) Brok Farce Got. 1/2'CIRS 1/2-ORS N89°22' 9*E 200 0' 1/2'CIRS Wre Fence Concrete Powe/ole M Concrete Powe' Pole N / / A Go. Sgn 1.069 Acrgs / / O OF den . y '.S{ TF / Steal Tower / H Poles (7 ••QY'a~~ W.xTHAD MURLEY III 1/2-CIRS S89,22'29'W 25 .90' / 1/2'Cln ` Seoi v CALLED 691.64 ACRES .9 . EAGLE FARMS, , I NC. AND / S JOHN PORTER AUTO SALES, INC. / C.C. DOG. NO. 93-R0077959 R.P.R. D.C.T. NORTH EXHIBIT 60 0 60 Feet 1.069 Acres F. P. Johnson, C. R. Green, rthur Surveying Co., Inc, J. F. Myers, & H. F. Brummett Survey Abstract Number 1699 Professional Land Surveyors City of Denton 972-221-9479 - Pax 972-221-4675 Denton County, Texas 220 Elm.SLreet, Suite 200 - P. 0. Box 54 Lewisville, Texas 75067 - 2007 - C:\ASC\aac projeq 200)\2)05216 -city of canto n\tlwg\E%HIBIT.tlwg )/11/200) 12211 PM CBT EXHIBIT A METES AND BOUNDS LEGAL DESCRIPTION Being all that certain lot, tract or parcel of land situated in the F. P. Johnson, C. R. Green, J. F. Myers, and H. F. Brummett Survey, Abstract No. 1699, located in the City of Denton, Denton County, Texas, and being a portion of a called 691.64 acre tract of land described in deed to Eagle Farms, Inc., and John Porter Auto Sales, Inc., recorded in County Clerk Document No. 93-110077959, Real Property Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the northeast comer of a called 1.33 acre tract of land described in deed to The City of Denton, Texas, recorded in Volume 1185, Page 999, Real Property Records of Denton County, Texas, from which a 60D-Nail found at the intersection of Masch Branch Road and Jim Christal Road, same being the most northeasterly corner of said Eagle Farms and John Porter Auto Sales Tract, bears South 85 degrees 11 minutes 43 seconds East, a distance of 4063.66 feet; THENCE South 19 degrees 26 minutes 07 seconds West, with the common line of said Eagle Famrs and John Porter Auto Sales Tract, and said City of Denton Tract, a distance of 138.94 feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set for the POINT OF BEGINNING; THENCE over and across said Eagle Fames and John Porter Auto Sales Tract, the following courses and distances: South 00 degrees 37 minutes 18 seconds East, a distance of 93.31 feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set for corner; South 19 degrees 26 minutes 07 seconds West, a distance of 132.83 feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set for corner; South 89 degrees 22 minutes 29 seconds West, a distance of 253.90 feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set for corner; North 00 degrees 37 minutes 31 seconds West, a distance of 348.59 feel to a 1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set for comer; North 89 degrees 22 minutes 29 seconds East, a distance of 60.00 feet to a 1/2 inch iron rod found for the northwest comer of said City of Denton Tract; THENCE with the common line of said Eagle Farms and John Porter Auto Sales Tract, and said City of Denton Tract, the following courses and distances: South 00 degrees 37 minutes 31 seconds East, a distance of 238.59 feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set for comer; North 89 degrees 22 minutes 29 seconds East, a distance of 200.00 feet to a 1/2 inch iron rod with a cap stamped "Arthur Surveying Company" set for comer; North 19 degrees 26 minutes 07 seconds East, a distance of 115.06 feet to the POINT OF BEGINNING and containing a 1.069 acres of land more or less. EXHIBIT C PERMITTED EXCEPTIONS Easement executed by the Fort Worth national bank, trustee to Texas Power and Light Company, dated April 25, 1968, recorded in Volume 566, Page 81, Deed records, Denton County, Texas. Easement executed by The Fort Worth national Bank, trustee to Texas Municipal Power Agency, dated August 16, 1982, recorded in volume 1163, Page 996, Deed Records, Denton County, Texas. Right of Way Agreement executed by Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Southwestern Gas Pipeline Inc., dated July 11, 2001, recorded in Volume 4899, page 2085, Real Property Records, Denton County, Texas. I Right of Way Agreement executed by Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Southwestern Gas Pipeline Inc., dated May 2, 2002, recorded in Volume 5111, page 3094, Real Property Records, Denton County, Texas. Right of Way Agreement executed by Eagle arms, Inc. and John Porter Auto Sales, Inc. to Southwestern Gas Pipeline Inc., dated February 10, 2003, recorded in Volume 5301, page 758, Real property Records, Denton County, Texas. Right of Way Agreement executed by Eagle Farms, Inc., and John Porter Auto Sales, Inc. to Southwestern Gas Pipeline Inc., dated April 29, 2003, recorded in Volume 5332, page 4847, Real Property Records, Denton County, Texas. Surface Lease, Easement and Right of Way executed by Eagle farms, Inc. and John Porter Auto Sales, Inc. to Lynx Oil Co., Inc., a Texas corporation, dated December 9, 2004, recorded in County Clerk's File No. 2004-158123, Real property Records, Denton County, Texas. Right of Way Agreement executed by Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Southwestern gas Pipeline Inc., dated January 10, 2004, recorded in County Clerk's File No. 2005-19603, Real property Records, and Denton County, Texas. Easement and Right-of-Way Agreement executed by Eagle Farms, Inc. and John Porter Auto Sales,.Inc. to Crosstex North Texas Pipeline, L.P., a Texas limited partnership dated July 27, 2000 recorded in County Clerk's File No. 2005-102321, Real Property Records, Denton County, Texas. l Right of Way Agreement executed by Eagle Farms, Inc. and John Porter Auto Sales, Inc. to Southwestern Gas Pipeline Inc., dated December 6, 2005, recorded in County Clerk's File No. 2005-156015, Real Property Records, Denton County, Texas. Electric Easement executed by Eagle Farms, Inc. and John Porter Auto Sales, Inc. to the City of Denton, Texas, dated December 7, 2006, recorded in County Clerk's File No. 2007-4744, Real Property Records, Denton County, Texas. Mineral and/or royalty interest, as described in instrument recorded in Volume 1191, Page 521, Deed Records of Denton County, Texas, referenced to which instrument is here made for all purposes. Terms and conditions and stipulations contained in Oil, Gas, or Mineral Lease dated November 17,_ 1999, between Eagle Farms, Inc, a Texas Corporation, as Lessor and Roger A. Soape, inc., as Lessee, recorded in Volume 4575, page 1371, of the Real Property Records of Denton County, Texas, and as affected by Lease Description Amendment and Ratification Agreement, recorded in Volume 5158, Page 4148, Real Property Records of Denton County, Texas. 2 Doc-108566 , s: `i`** Electronically Filed Document Denton County Cynthia Mitchell County Clerk Document Number:, 2007-108566 i Recorded As ERX-WARRANTY DEED Recorded On: September 10, 2007 Recorded At: 02:10:08 pm Number of Pages: 7 Recording Fee: $35.00 Parties: ' Direct- EAGLE FARMS INC Indirect- Receipt Number: 419466 Processed By: Jane Morris THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. THE STATE D NTON) Qj COUNTY E F TEX&I . l h.-bT COWL LLnth"v imtr,apy vv FILED is a FYa Number apace m W yQyav. pevad beam, ad wa d y RECORDED w I OW...W NnmN al Dpbw Cw . Teco. * 1896 • cow,. qM . DeCa Cevy, Tau SPECIAL WARRANTY 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. THE STATE OF TEXAS, § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS THAT the undersigned, Eagle Farms, Inc., and John Porter Auto Sales, Inc. (hereinafter referred to as "Grantor", whether one or more for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by City of Denton, Texas, a home rule Imunicipality (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY unto the said Grantee, the real property containing approximately 1.069 acres of land more particularly described and illustrated in Exhibit "A" attached hereto and made a part hereof, together with all improvements, rights, appurtenances, and hereditaments located thereon or pertaining thereto, including all rights, title and interest of Grantor in and to adjacent streets alleys, and rights-of-way (all of which foregoing are collectively referred to as the "Property"). THIS conveyance is expressly made by Grantor and accepted by Grantee subject to those exceptions affecting the Property that a set forth in Exhibit "C" attached hereto and made a part hereof by reference (the "Permitted Exceptions"). Grantor hereby retains and reserves, for Grantor and its successors and assigns forever,.all of the_oil, gas.and other liquid or gaseous.hydrocarbons.in,-under,.or.that.may_ be produced from the Property. However, such reservation does not include any right to enter or use any portion of the surface of the property to develop or produce the reserved estate. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind! itself, its successors and assignees to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, it's successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not otherwise, subject to the Permitted Exceptions and the Reserved Minerals. ih Executed to be effective as of the 17 day of August, 2007. Page I Doc-108566 SPECIAL WARRANTY 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. THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § THAT the undersigned, Eagle Farms, Inc., and John Porter Auto Sales, Inc. (hereinafter referred to as "Grantor", whether one or more for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by City of Denton, Texas, a home rule municipality (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY unto the said Grantee, the real property containing approximately 1.069 acres of land more particularly described and illustrated in Exhibit "A" attached hereto and made a part hereof, together with all improvements, rights, appurtenances, and hereditaments located thereon or pertaining thereto, including all rights, title and interest of Grantor in and to adjacent streets, alleys, and rights-of-way (all of which foregoing are collectively referred to as the "Property"). THIS conveyance is expressly made by Grantor and accepted by Grantee subject to those exceptions affecting the Property that a set forth in Exhibit "C" attached hereto and made a part hereof by reference (the "Permitted Exceptions"). Grantor hereby retains and reserves, for Grantor and its successors and assigns forever, all of the oil, gas and other liquid or gaseous hydrocarbons in, under, or that may be produced from the Property. However, such reservation does not include any right to enter or use any portion of the surface of the property to develop or produce the reserved estate. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assignees to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, it's successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not otherwise, subject to the Permitted Exceptions and the Reserved Minerals. Executed to be effective as of the 2 day of August, 2007. Page 1 .