2005-154
ORDINANCE NO. ,;l,()(J5- /!it/.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A QUIT
CLAIM DEED TO CONVEY APPROXIMATELY 0.71 ACRE TO LEXINGTON
PARK (DENTON) HOMEOWNERS ASSOCIATION, INc., SAID 0.71 ACRE BEING
A TRACT OF LAND SITUATED IN THE E. PICKETT SURVEY, ABSTRACT NO.
1018, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING
BLOCK A, LOT 23, OF CHAUCER ESTATES, PHASE 1, AN ADDITION TO THE
CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT
THEREOF RECORDED IN CABINET Q, PAGE 267 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Denton has been deeded a parcel of land in the Chaucer
Estates Subdivision for drainage purposes and supports the conveyance of this property to
Lexington Park (Denton) Home Owners Association; 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 City Manager or his designee is hereby authorized to execute
the Quit Claim Deed, attached herewith as "Attachment I" and made a part hereof for
approximately 0.71 acre of land to Lexington Park (Denton) Homeowners Association,
Inc.
SECTION 3. The City Manager is authorized to execute all other documents
necessary to effectuate this conveyance.
SECTION 4. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the ~ day of Q/Jþf L ,2005.
~ mç- flJ
f EUL E B~OCK. MA VOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY\~i\--l J, (t1Á ~
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, INTERIM CITY ATTORNEY
q
BY:
Page 2
"A TT ACHMENT 1"
QUIT CLAIM DEED
THE STATE OF TEXAS
COUNTY OF DENTON
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Denton, Texas, a municipal corporation of the County of Denton, State
of Texas (the "Grantor"), in consideration of the sum ofTen Dollars and No Cents ($10.00) and
other good and valuable consideration in hand paid by the Lexington Park (Denton)_.
Homeowner's Association, Inc. of the County of Denton, State of Texas (the "Grantee"), the
receipt of which is hereby acknowledged, does by these presents, QUIT CLAIM unto Grantee,
its successors and assigns, all its right title and interest in and to that certain tract or parcel of
land lying in the City of Denton, County of Denton and State of Texas, described in Exhibit "A"
attached hereto and made a part by reference (called the "Property").
This quit claim is conditioned upon Grantee's fulfillment of the terms and conditions of
that certain Development Agreement dated April 8, 2005 between the Grantor and Grantee (the
"Development Agreement") , which is incorporated herein by reference, and a true and correct of
which is on file in the City Secretary's Office of the City of Denton, Texas. The Grantor shall
have a right of reverter should the terms and conditions of the Development Agreement be
violated (the "Right of Reverter").
TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property
unto the Grantee, its successors and assigns forever, so that neither Grantor nor its successors or
assigns shall have, claim or demand any right or title to the Property or appurtenances or any part
thereof, subject to the Right of Reverter.
Witness my hand, this the.JJ:iL day of yUflL ,2005.
"ATTACHMENT 1"
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
§
§
This instrument was acknowledged before me on
Michael A. Conduff, City Manager, City of Denton.
9! Jœ P. fiej¿udUJz )
No y Public, III and for the State ofT~xas.
My Commission Expires: Ow!ó< '7 tJ.5""
I I
Q fUlf- 1
, 2005 by
" JANE E. RICHARDSON
, Notary Public. State ofTexas
My Commission Expires
June 27, 2005
"A TT A CHMENT 1"
"EXHIBIT A"
ALL that certain lot, tract or parcel of land lying and being situated in the City and the
Connty of Denton, Texas in the Eli Pickett Survey, Abstract Number 1018 and being
Lot 23, Block A of the Chaucer Estates Addition, Phase 1, recorded in Cabinet Q, Page 267
of the Plat Records of Denton County, Texas, and being same tract conveyed from Hickory
Creek Estates, Ltd. to the City of Denton by warranty deed dated April 23, 1999 and
recorded in Volume 4395, Page 2883 in the Real Property records of Denton County,
Texas.
DEVELOPMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
AGREEMENT dated ,., Ôç ,2005 between Ashton Dallas Residential,
L.L.C. (the OWNER) and the C ty of D nton (the CITY).
WITNESSETH:
Whereas, the OWNER is currently In the process of developing a 31.982 acre parcel for
residential use known as Lexington Park, Phase Three,situated in the Eli Pickett Survey,
Ahstract 1018, in the City and County of Denton, Texas; and
Whereas, the OWNER desires to proceed with the installation of the public
improvements required for Lexington Park, Phase Three (the PROJECT); and
Whereas, OWNER's PROJECT wiI1 require expansion of an existing detention pond on
. a tract owned by the CITY known as Lot 23, Block A of the Chaucer Estates Addition, Phase
I, recorded in Cabinet Q, Page 267 of the Plat Records of Denton County, Texas and being
further evidenced by warranty deed recorded in Volume 4395, Page 2883 in the Real Property
records of Denton County, Texas; and
Whereas, the CITY desires to convey said Lot 23 to the OWNER for the express
purpose of combining said Lot 23 with Lot 12x, Lexington Park, Phase Three, to allow
OWNER to construct a detention pond expansion to control storm water releases from the
Lexington Park, Phase Three Subdivision development, as shown in the PROJECT
construction plans; and
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1.
Upon full execution of this AGREEMENT and delivery to the parties, the
CITY shall approve, accept and release the final construction plans for
Lexington Park, Phase III, notwithstanding the ordinary requirements the
OWNER must fulfIll to further the PROJECT.
2.
Upon full execution of this AGREEMENT and delivery to the parties, the
CITY shall expeditiously process the proposed conveyance of said Lot 23 to
the OWNER. The CITY and the OWNER shall work cooperatively to
process the conveyance, inclusive of delivery and acceptance ofthe deed~The
*However, the conveyance is subject to City Council approva). ý'
Page 1 ~
3.
4.
CITY shall prepare, execute and record all such documents related to the
conveyance at CITY's sole cost and expense.
Upon the formal conveyance of said Lot 23 to the OWNER, evidenced by
recording of the conveyance instrument, the OWNER and the CITY shall
work collectively to re-plat the detention areas into uingle consolidated lot
of record. The OWNER agrees to retain the professional services of
OWNER's engineer and land surveyor, Dowdy, Anderson & Associates, Inc.
to prepare, execute and record all exhibits, plats or re-plats deemed necessary
for the merging of the two platted lots Into one lot, all at the OWNER's sole
cost and expense.
Upon approval and recordation of the re-plat of Lot 23, Block A, Chaucer
Estates, Phase 1 and Lot 12X, Block H, Lexington Park, Phase Three into a
single lot, the newly combined lot shall be deeded by the OWNER to the
Lexington Park/Denton Residential Assaciatlon (the HOA), without delay.
Upon tbe conveyance of the newly combined drainage detention pond lot to
the BOA, tbe OWNER, as Declarant of the HOA, without delay, shall annex
the subject lot Into the BOA for benefit of perpetual maintenance and care by
the BOA for all of the improvements, facilities, fencing and landscaping
systems situated therein. The OWNER shall provide the CITY the
documentation authorizing the annexation oftbe newly combined drainage
detention pond Into the BOA, Including but not limited to a IDe-stamped copy
of the annexation instrument, duly recorded In the Real Property Records of
Denton County, Texas. Prior to recording, the HOA documents shall be
submitted to the City Attorney for review and approval and they must
contain a provision requiring HOA maintenance of the drainage detention
pond lot, which provision may not he amended wltbout the CITY's prior
written approval.
5.
The OWNER and the DEVELOPER hereby acknowledge, stipulate and
agree that the covenants stated herein must be fulIDled prior to the CITY's
final acceptance of the public improvements required for the PROJECT.
Page 2
OWNER:
ASHTON DALLAS ]IDENTIAL, LLC
By: ~ ~
8IÒJ¿f Pt mE
Title:_\(¡~ e. - Pffl,(~g,¡f
Date:~
Printed Name:
CITY OF DENTON, TEXAS:
, Date: 41l~ l~
A~Û~M~
ATTEST:
JENNIFER WALTERS, CITY SEjRETARY
BY, ~{lJ"id - /;);1 /;!.AV
APPROVED AS TO FO
EDWIN M. SNYDE
BY:
Page 3