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2003-072S:\Our Documents\Ordinan=sW\Thompson Ministries Condernnation.doe ORDINANCE NO. ~ 0,. - 7A AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 1.134 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE CITY OF DENTON AND A TEMPORARY CONSTRUCTION, GRADING, AND ACCESS EASEMENT CONTAINING APPROXIMATELY 0.660 ACRE OF LAND, LOCATED IN THE ELI PICKETT SURVEY, ABSTRACT NO. 1018 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND BEING A PORTION OF PARCEL 2, CONVEYANCE PLAT LEXINGTON PARK SOUTH, RECORDED IN CABINET S, PAGE 299, PLAT RECORDS OF DENTON COUNTY, TEXAS, CONVEYED TO DWIGHT THOMPSON MINISTRIES, INC. BY DEED RECORDED IN VOLUME 3135, PAGE 439, DEED RECORDS OF DENTON COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS NOT ACCEPTED, AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET, DRAINAGE, UTILITY AND RELATED IMPROVEMENTS; REPEALING THAT CERTAIN ORDINANCE NUMBER 2002-187 PERTAINING TO THE SUBJECT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of the following: a. fee simple title for street purposes, with such fee simple title vesting in the City of Denton in that certain tract or parcel of land containing approximately 1.134 acre, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "A" and illustrated in Exhibit "B", attached hereto and made a part hereof by reference (the "Right-of-Way Property"); and b. a temporary construction, grading and access easement in the name of the City of Denton, Texas in, over and across that certain tract or parcel of land containing approximately 0.660 acre as more particularly described in Exhibit "C", attached hereto and made a part hereof by reference (the "Temporary Construction, Grading and Access Easement") and as depicted on Exhibit "D", attached hereto and made a part hereof by reference; to use for access, staging, and placement of materials, equipment and supplies in conjunction with construction activities for the construction and installation of the Hickory Creek Road Paving, Drainage, and Utility Improvements Project (the "Construction Activities"), with said Temporary Construction, Grading and Access Easement expiring upon the completion of the Construction Activities or two years from the date the City of Denton takes possession of the Temporary Construction, Grading and Access Easement property, which ever occurs first. The Right-of-Way Property and Temporary Construction, Grading and Access Easement are hereinafter collectively called the "Property"; and WHEREAS, the Property is believed to be owned by Dwight Thompson Ministries, Inc. ("Owner"); 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 references. Public necessity exists and public welfare and convenience require the acquisition of fee simple title in and to the Right-of -Way Property for street purposes and the Temporary Construction, Grading and Access Easement for the purposes described above. SECTION 2. The City Council finds that there is a public necessity and public need to acquire the Property in the size, scope, width, and dimensions of the Property and for the purposes stated in this ordinance. SECTION 3. The City Manager, or his designee, is hereby authorized and directed to make an offer for the Property to the Owner in an amount equal to fair market plus damages to the remainder of the Property, if any, as determined by an independent appraisal prepared at the direction of the City Manager, or his designee (the "Offer"). The City Council finds that the Offer represents just compensation due the Owner for the Property. SECTION 4. In the event the Offer is not accepted by the Owner of the Property, the City Attorney or his designee is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Property to acquire fee simple title for street purposes in the Right-of-Way Property, with such fee simple title vesting in the City of Denton and to acquire the Temporary Construction, Grading and Access Easement. SECTION 5. If it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event, the City Attorney or his designee is authorized and directed to join said parties as Defendants in said condemnation. SECTION 6. Ordinance No. 2002-187 is hereby repealed. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the -60 day of WIRM 2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CIT SECRETARY n _ r BY: Page 2 APPROVED AS LEC FORM: HERBERT LAROUTY/ CITY ATTORNEY BY: Page 3 Exhibit A RIGHT-OF-WAY ACQUISITION ,j PARCEL 5 BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton County, Texas and being a portion of Parcel 2, Conveyance Plat Lexington Park South, recorded in Cabinet S, Page 299, Plat Records of Denton County, Texas, conveyed to Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, Page 439, Deed Records of Denton County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at the southwest comer of said Parcel 2, also being the southeast corner of the a tract of land conveyed to the MLM Family Trust by deed recorded under county clerk's file number 96-0059630, Real Property Records of Denton County, Texas, said point being in Hickory Creek Road; THENCE N 0°09'54" W, with the common line between said Parcel 2 and said MLM Tract, passing a found 1/2 inch iron rod at 37.50 feet, in all a distance of 50.02 feet to a 5/8 inch capped iron rod (TNP) set on the proposed new north right-of-way line of said Hickory Creek Road; THENCE with said new right-of-way line with the following courses and distances: N 89°51'30" E, a distance of 59.45 feet to a set 5/8 inch capped iron rod (TNP); N 80°44' 18" E, a distance of 159.54 feet to a set 5/8 inch capped iron rod (TNP) at the beginning of a curve to the right, having a radius of 850.00 feet and a chord bearing and distance of N 85°17'54" E, 135.15 feet; Easterly, along said curve, through a central angle of 09°07' 12", an arc distance of 135.30 feet to a set 5/8 inch capped iron rod (TNP); N 89°51'30" E, a distance of 67.79 feet to a 5/8 inch capped iron rod (TNP); N 00°08'30" W, a distance of 10.00 feet to a 5/8 inch capped iron rod (TNP); N 89°51'30" E, a distance of 195.93 feet to a 5/8 inch capped iron rod (TNP) set on the west right-of-way line of Teasley Lane, F.M. 2181 (variable width right-of-way); THENCE S 1032'50" E, with said west right-of-way line of Teasley Lane, a distance of 98.27 feet to a point at the southeast comer of said Parcel 2, said point being in Hickory Creek Road; THENCE N 89°56'22" W, with the south line of said Parcel 2, a distance of 617.81 feet to the Point of Beginning and containing 1.134 acres of land of which 0.549 acre is included in the existing prescriptive right-of-way, leaving a remainder of 0.585 acre of land more or less. Bearings are based the Texas State Coordinate System, North Central Zone (NA See Exhibit B for map. 11105102 Revised easement per new alignment. _ y,._?"'1jkl" 1 - t K....,:1~. r cr~--•:4+i . ...rf 1 p' r Exhibit B MAP SHOWING PROPOSED RIGHT-OF-WAY ACQUIS177ON City of Denton, Denton County, Texos 4, PARCEL I Jn sx rz~ gs 0 I I I ~ I SURLY P~10j8 El~ ( P(cKEf I / I DWIGHT THOMPSON MINISTRIES, INC. I / 2 I WL. 3135, PG. 439, D.R.D.C.T. 0 PARCEL 2 INELL ADD17ION CONVEYANCE PLAT CAB. P, PG. 75 LEXINGTON PARK SOUTH CAB, s PG 299, P.R.O.C.T. GEORGE T. CONNELL, JR. ' LM FAMILY TRU VOL. Jim, Pa "S, D.R.D. C. T. I CC / 96-00596JG I R.P.R.D.C. T. I !t N 0099'!1' W 3QOY [:fP:ARCEL 5 I 4 AMS TOTAL 9 ACRE M EYI$Mfp ROW ! ACRE REMNNOER .46931'"' E 693' a.iin mll• r-N 6931'30 E 67.79' pore'", W '.(AC N 693d'77" W 61761" 5 a137'30- E CITY OF DENTON GARY JAY MADRIGAL I I VOL 4647, PC. 3156 VOL. 4155, PG 1001, (QUITCLAIM) l - VOL. 429, PG. 467 ALVWN E. MEREDITH ET UX. VOL 629, PG 474, D.R.D.C.T. NOTES: VOL. 429, PG. 467, O.R.D.GT. (LEGAL DESC.-REF. DEED) 1. BaaAnga are based on the Texas State Coordinate j5 Syalam, North Central Zone (Nod 83). j315 2. Integral parts of this survey. xY Nap E SUR Ri b. Field not.. ,IR 3. The new right-*I-way line wdl be monumenled with P V~ S/6' ban reds copped -T.N.P.' SAP 00 C4 2 EXHIBI T B PARCEL 5 0 200 400 600 ..,..nenmon,nw,ue . eeunw: •e5-o3 R.N..d "".I per ....9nmmL ~`oaOF C R~fh TEAGUE NAU AND PERKINS J d 7N fe Ored By. LAWRENCE E ALLEE Fart W, r 1 A, 1•, a• 7 e 1 6 T P Y (e17) 3J0-5773 'r 70+Ir~ tJe West Hickory 9treel + e /lam G -0 z- 'I•y suRN 'lO Den ten "i: r:: 7e70i Dote: (010) J83-4177 Exhibit C TEMPORARY CONSTRUCTION EASEMENT PARCELS f BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton County, Texas and being a portion of Parcel 2, Conveyance Plat Lexington Park South, recorded in Cabinet S, Page 299, Plat Records of Denton County, Texas, conveyed to Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, Page 439, Deed Records of Denton County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at 5/8 inch capped iron rod (TNP) set at the intersection of the west right- of-way line of Teasley Lane, F.M. 2181 (variable width right-of-way) with the proposed new north right-of-way line of Hickory Creek Road (variable width right-of-way), said point being N 01 °32'50" W, 98.27 feet from the southeast comer of said Parcel 2, Conveyance Plat Lexington Park South; THENCE, with said proposed new north right-of-way line of said Hickory Creek Road with the following courses and distances: S 89°51'30" W, a distance of 195.93 feet to a 5/8 inch capped iron rod (TNP); S 0°08'30" E, a distance of 10.00 feet to a 5/8 inch capped iron rod (TNP); S 89°51'30" W, a distance of 25.00 feet; THENCE N 0°08'30" W, departing said line, a distance of 140.00 feet; THENCE N 89°51'30" E, a distance of 217.74 feet to a point on the east line of said Parcel 2 and the west right-of-way line of said Teasley Lane; THENCE S 1 °32'50" E, with said line, a distance of 130.04 feet to the Point of Beginning and containing 0.660 acre of land more or less. Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83). See Exhibit B for map. 11/11/02 Revised Temporary Construction Easement per new alignment. E hibit D x MAP SHOWING PROPOSED TEMPORARY CONSTRUCTION EASEMENT City of Denton, Denton County, Texas 1 PARCEL I I I I II I 1 I I 1 ! I ~ I 1 I ~o~ Qi ! I SURLY P' 1`~~ / I EU P(CKE~ GEORGE T, CONNELL, ✓R. rr I DWIGHT THOMPSON MINISTRIES, INC. WL, JIJ5, PC 436, D.R.D.C.T. / 2 1 VOL JIJ5, PG. 439, D.R.D.CT, O I PARCEL 2 / 1 CONVEYANCE PLAT INELL ADDITION LEXINGTON PARK SOUTH CAB. P. PG. 75 CAB. S. PC 299, P.R.D.C.T. '>Pr !Wr I I ALM FAMILY TRUSTI CC / 96-00596JO 1 R.P.R.D.C. T. i TEMPORARY CONSTRUCTION EASEMENT (0.660 ACRE) - - ~saove'JOY NpiJYla•W 9au CITY OF DENTON I VOL. 4647, PG. J456 I I ALLAN E. MEREDITH ET UX, I I VOL. 829, PC 474, D.R.D.C.T. NOTES: I I M- 429, PG. 467, D.R.D.CT, (LEGAL DESC-REF. DEED) Beorings are based on the Texas Stale Caordinole System, North Central Zane (Nod 8]). 2. Integral parts of this survey. 13t5 M o. Map c Y P' b. Field notes URV~ A The new right-o(-way tine will be monurrented with 1 E 5 5/e' Iran rods capped 'T.N.P.' „dpJ IVR S~PNER P VV~y II Z ct) e PARCEL 5 0 200 400 1141 L: VnaYfll! WENO02]1~IIOV^iCE_SJIEV.ONC 11 11-11-02 WeMeed Ta per new oll"ont. ^ N d t°.yN 7W TEAGUE NAU AND PERJUNS ps.. rlrps s sW el....e lei G . 1 100 Me°°n Street repored By. LAWRENCE E. ALLEE • F o r t Worth. T e x a s 78 102 (°17) JJ6-6 77J + 4570 sto+{C? a i y 235 Wool uii.kto0 str..t w 4 0 t De o suaN ( p i o s a- 7 i Dote: ) 0 4 1 5391 2162 TEMPORARY CONSTRUCTION AND ACCESS EASEMENT CITY OF DENTON 133834 THE STATE OF TEXAS § § KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That, Dwight Thompson Ministries, Inc., of Riverside County, California, hereinafter called "Grantor" whether one or more, for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, to Grantor in hand paid by the City of Denton, a municipal corporation, which is located in Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201, hereinafter called "Grantee", has granted and by these presents does grant unto Grantee a temporary construction and access easement for the purpose of constructing said improvements over, under, through, across and along all that certain lot, tract, or parcel of land situated in the County of Denton, State of Texas, and being more particularly described in attached Exhibit "A" and as illustrated in attached Exhibit "B". It is agreed that Grantee, in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property for the purpose of access and construction activities in, along, upon and across said premises. Grantee, its agents, employees, workmen and representatives shall have ingress, egress, and regress in, along, upon and across said premises for the purpose of access and construction activities or any part thereof. Grantee shall restore any existing fence or pavement altered by temporary construction in a workmanlike manner to an equal or better condition prior to construction. This agreement and all rights and easements created hereby shall expire upon the completion of the Hickory Creek Road Paving and Drainage Improvement Project. Grantee is purchasing this easement for the purpose of constructing street and utility improvements, and it reserves the right to make the improvements on such grade and according to such plans and specifications, as will, in 5391 2163 its opinion, best serve the public purpose. The payment of the purchase price for the easement herein conveyed shall be considered full compensation for same, and for any diminution in value that may result to remaining property be virtue of project proximity thereto, grade alignment, or utility installation, or the alteration of drainage patterns and facilities. This easement, together with the other provisions of this grant, shall until its expiration constitute a covenant running with the land for the benefit of Grantee, its successors and assigns. The right hereby granted is severable and may be assigned either in whole or in part. Grantor disclaims all warranties of every kind, express or implied, including but not limited to all warranties of title and all warranties against encumbrance, and this grant of easement is made wholly without warranty. TO HAVE AND TO HOLD the above easement unto Grantee as aforesaid for the purposes aforesaid the premises above described. i EXECUTED this day of 2003. Dwight Thompson Ministries, Inc. By: Dwight T ompson President 5391 2164 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ACKNOWLEDGMENT 5 5 5 This •nstrument was acknowledged before me this day of v497 , 2003, by Dwight Thompson, President of Dwight Thompson Ministries, Inc., a California corporation, on behalf of said corporation. TOD J. TAYLOR • ; Notary Public, State of Texas '•.,;Aip 'f My Commission Exp. 06.062006 Notary Public - State of -G&17 vrnia/~95 My Commission Expires: Accepted this 50y day of ~a6uyj 2003 for the City of Denton, Texas (Resolution No. 91-073). By : ]K~ (Gct' Paul Williamson Manager, Real Estate and Capital Support 5391 2165 Exhibit A TEMPORARY CONSTRUCTION EASEMENT PARCELS BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton County, Texas and being a portion of Parcel 2, Conveyance Plat Lexington Park South, recorded in Cabinet S, Page 299, Plat Records of Denton County, Texas, conveyed to Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, Page 439, Deed Records of Denton County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at 5/8 inch capped iron rod (TNP) set at the intersection of the west right- of-way line of Teasley Lane, F.M. 2181 (variable width right-of-way) with the proposed new north right-of-way line of Hickory Creek Road (variable width right-of-way), said point being N 01°32'50" W, 98.27 feet from the southeast comer of said Parcel 2, Conveyance Plat Lexington Park South; THENCE, with said proposed new north right-of-way line of said Hickory Creek Road with the following courses and distances: S 89°51'30" W, a distance of 195.93 feet to a 5/8 inch capped iron rod (TNP); S 0°08'30" E, a distance of 10.00 feet to a 5/8 inch capped iron rod (TNP); S 89°51'30" W, a distance of 25.00 feet; THENCE N 0°08'30" W, departing said line, a distance of 140.00 feet; THENCE N 89°51'30" E, a distance of 217.74 feet to a point on the east line of said Parcel 2 and the west right-of-way line of said Teasley Lane; THENCE S 1032'50" E, with said line, a distance of 130.04 feet to the Point of Beginning and containing 0.660 acre of land more or less. Bearings are based the Texas State Coordinate System, North Central Zone (NAD 83). See Exhibit B for map. 11/11/02 Revised Temporary Construction Easement per new alignment. Exhibit B I 1 I I 1 1 I 1 MAP SNOWING PROPOSED TEMPORARY CONSIRUC77ON EASEMENT City of Denton, Denton County, Texas PARCEL 1 t 1 rl y jp18 I I E~ P Kg~ SURLY P, ) (G r I GEORGE T. CONNELL, ✓R. 1 DWIGHT THOMPSON MINISTRIES, INC. VOL 3135, PQ 4J6, D.R.D.CT / 2 1 VOL 3134 PQ 439, D.R.D.CT. v r O I PARCEL 2 I ZN / J ' CONVEYANCE PLAT ; 1 N 3 'oN~E LL ADD177ON LEXINGTON PARK SOUTH B P rid, rP ri7, CAB. S. PQ 799, P.R.D.CT. ° e 1 I 41 £ ' I e TEMPORARY CONSTRUCTION I trtyy e EASEMENT (0.660 ACRE) 1 1 ' LS NLM FAMILY 7RUST 3at t27P DDDDN~e/~9or I r< w CC 196-0059630 I 6 R.P.R.D.C.T. I 5693x'3 g rQ,r 71 r r 001 89~1Jo'~ 19593' ~ 9, \M1 M1 --SOpV6'307 r0.Q0~ P. QB NOr'J}'E 9a.)l CITY OF OENTON I VOL. 4647, PQ 3456 ALLAN E. MEREDITH ET UX. 1 1 VOL. 629, PG. 474, D.R.D.C.T. NOTES: I I VOL 429, PG. 467, D.R.D.CT. (LEGAL D£SC-REF. DEED) 1. Bearings are based on the Teas Slate Coordinate System, North Central Zone (Nod 83). 2. Integral parts of this survey t5 o. Map b. Field note, UR 3, The new right-of-way line will be manumented with ,1,R)RE S 5/8~ Iran rods capped RT.N.P.' SISPNEN P .PARCEL 5 0 200 400 600 11-11-07 a.N..d TCE per Wl,vngl. 1E oF~re TEAGUE NAU AND PERKINS . Ak a' Afo'fy s.1r..s IF slr a 8X errr., s a Itoo Mason street repored By. LAWRENCE E. ALLEE F o r t W o r f h, T. V a. 7 6 10 2 ...4570 (617) 336»6773 ♦a 235 W,.f Hickory street /1-/Z-07i D.nlon.i e too 6201 Dote: S~RV (640) 363-4177 City of Denton Engineering Department City Hall East 601 E. Hickory, Suite B Denton, Texas 76205 Attention: Paul Williamson 5391 2161 ti PM. PPDV191CN N°PP1..\'YI.H fiSTRI^..TS THE E/ PE.~`:}4 °t ~NAUD ANU`UtIIENUF9[ED~5LE UlJOER FCD ~~i~ia~41`FtC'rs TE#A5{ ^n THE fv 0, GOUMYOFCEff76q ~,LtlM E,'F+e NUmEernepu EDmm an I ~•rWY MY mY ttio 4✓Y✓TMrt 'Yx d,N RET, 016dd NU.Pe nmh',a T1w. fl AUG 15 2093 ppIJjJ7y OIEHK OENTON COUNTY•TEX0.4 DE4TFIN ~BGNW° l in: CYNTHIA MITCHELL, COUNTY CLERK On Augg 15 2003 At 11:05am Receipt 50174 Recording: 13.00 Doc/Mgmt 6.00 Doc/Num 2003-R0133934 Doc/T pe EAS Deputy -Jane r Exhibit B MAP SHOWING PROPOSED TEMPORARY CONSTRUCTION EASEMENT City of Denton, Denton County, Texas 1 PARCEL i I 1 1 I I I I r I 1 tDta I I ; I S~R,~Y A, I 1 , s~ / ptGKE~ tM1 I so 1 GEORGE T. CONNELL, JR. 1 DWIGHT 7HOMPSON MINISTRIES, INC. VOL 3I35, PG. 4J6, D.R.O.C'r / 2 1 WL. JIJ5, PG 439, AR.D.CT. r O I PARCEL 2 I CONVEYANCE PLAT ONCA N£cl ADDI77ONPC LEXINGTON PARK SOUTH B. P, 75 r~,•kr CAB. S, PG. 299, P.R.D.CT. i TEMPORARY CONSMUC77ON EASEMENT (0.660 ACRE) I FILM FAMILY TRUSTI Nepv'w f® CC Is 96-00596JO I BA R R.P.R.D.C.T. 1 ` 88~see~l•~ h . - -SG0TN1'JO•C IO.Gb' urwwrrnsrxrc PARCEL 5 Nm•s'sa•w an CITY OF DENTON Lx~ VOL. 4647, PG. 3456 I I AL NN E. MER£DI774 ET UX. I I VIX. 829, PG. 474, D.R.D.CT. NOTES: I I VOL. 429, PG. 467, D.R.D.Cr. (LEGAL DESC.-REF. DEED) 1. Bearings are booed on the Texas Stale Coordinate North Central Zone (Ned 63). 2. Integral parts of this survey t3t5 a. Nap Y F~ w b. Field notes URA 3. The new right-ol-way line wpl be monumenled with ARE 5 5/60 Iron rods capped 'T.N.P.• ve CO C4 3 41 m ~ e PARCEL 5 0 200 400 600 E: \PRa-RI4\0EN0027"0W\TCE-5JIEa.Owg 11-I1-02 ReNud TCE Per now ollenmenl. 50VA0 P1^'...... F" !}pllTBq 1,p4 f0 .7 TEAGUE NAU AND PERKINS e.qs sa rrq • ss srq a.. s lloo upaaa slr..t repnred BY UWRENCE E. ALLEE F o r t Worth. T e x a s 75 102 (617) 336-577J + 4570 +~fxlaA 235 We at Hlek er Strset Dsh Ion Tex as 070201 SURD (04 Dole: 0) 363-4177 A FrEZ e&OWV fi, P^yxlo -72~ City of Denton Engineering Department City Hall East 601 E. Hickory, Suite B Denton, Texas 76205 Attention: Paul Williamson 5391 2161 Apry pgpv191QN H?PPI4 \W L^YI RE9T01fT9 THE v v- Hd::FL O8 V`_S ,NAUD AND `UIENFtlA54E UNpEPBFCCDE P~FC n THE BTATR ~f Tt).AS ^ LOUMYOFGfN7411 ~~bp.'F Nunbernequmdrm I M1S..Y MY Nat Ci. MJ M✓FM'N .>b ~1. .1 CN R[f.;1RHEO,MN^ Ne Nb EfM1n Vmo NaTPY.~ Y. OMtlaINN~. Hewnk P'~1 ' AUG 5 ?993 of ®OUNTy 01L RK , u* DENTON COUNT'."✓S CYNTCMMI~TCHkLX COUNTY CLERK HIA On Augg 15 2003 At 11:05am Receipt 50174 Recording: 13.00 Doc/Mgmt : 6.00 Doc/Num : 2003-R0133834 Doc/Type . EAS Deputy -Jane : 5391 2156 STREET RIGHT-OF-WAY DEED 133833 STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 5' THAT, Dwight Thompson Ministries, Inc., of Riverside County, California, hereinafter called "Grantor" whether one or more, 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 municipal corporation, which is located in Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201, hereinafter called "Grantee", the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, expressed or implied, does GRANT, GIVE and CONVEY unto the Grantee all of that certain tract or parcel of land, owned by Grantor and situated in Denton County, Texas, in the Eli Pickett Survey, Abstract No. 1018, and being 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 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 further 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. This provision shall not be construed as any restraint on the right of Grantee to convey fee simple title to the Property. Grantor hereby waives any and all right for compensation 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. Notwithstanding the area and shape of the Property, this Deed shall be construed as conveying all rights and appurtenances incident to any ordinary conveyance of land. - 1 - S:\Real Bat\Projects\ROW Shared\Projects\Hickory Creek Road Improvement Project\Parcel 5 Dwight Thompson Ministries\DTM ROW Deed.doc 5391 2151 Grantor reserves all oil, gas, and other minerals in and under the Property; provided the Grantor shall have no right to enter Property to explore for, produce, extract or mine such minerals. 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. EXECUTED this ) day of Lt 455 2003. Dwight T mpson Ministries, Inc. By: wight Thompson President - 2 - S:\Real Est\Projects\ROW Shared\Projects\Hickory Creek Road Improvement Project\Parcel 5 Dwight Thompson Ministries\DTM ROW Deed.doc 539.1 ACKNOWLEDGMENT STATE OF CALIFORNIA § § COUNTY OF RIVERSIDE § This instrument was acknowledged before me this of 1404y, , 2003, by Dwight Thompson, President Thompson Ministries, Inc., a California corporation, o or said corporation. 2158 3-1w day of Dwight behalf of •";V TOD J. TAYLOR y Notary Public, State of Texas No ar Public, State of X-allf a 7.Fx.~$ •~;c•'My Commission Exp. OfrOfr2006 My commission expires Accepted this day of -4040 3r 2003 for the City of Denton, Texas (Resolution No. 91-073). By: jr&"X 1 A1,iJAAAffhT6&,i-- Paul Williamson Manager, Real Estate and Capital Support 3 _ S:\Real Bat\Projects\ROW Shared\Projects\Hickory Creek Road Improvement Project\Parcel 5 Dwight Thompson Ministries\DTM ROW Deed.doc 5391 2159 Exhibit A RIGHT-OF-WAY ACQUISITION ,PARCELS BEING a strip of land located in the Eli Pickett Survey, Abstract No. 1018, Denton County, Texas and being a portion of Parcel 2, Conveyance Plat Lexington Park South, reco;ded in Cabinet S, Page 299, Plat Records of Denton County, Texas, conveyed to Dwight Thompson Ministries, Inc. by deed recorded in Volume 3135, Page 439, Deed Records of Denton County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at the southwest comer of said Parcel 2, also being the southeast corner of the a tract of land conveyed to the MLM Family Trust by deed recorded under county clerk's file number 96-0059630, Real Property Records of Denton County, Texas, said point being in Hickory Creek Road; THENCE N 0°09'54" W, with the common line between said Parcel 2 and said MLM Tract, passing a found 1/2 inch iron rod at 37.50 feet, in all a distance of 50.02 feet to a 5/8 inch capped iron rod (TNP) set on the proposed new north right-of-way line of said Hickory Creek Road; THENCE with said new right-of-way line with the following courses and distances: N 89°51'30" E, a distance of 59.45 feet to a set 5/8 inch capped iron rod (TNP); N 80°44' 18" E, a distance of 159.54 feet to a set 5/8 inch capped iron rod (TNP) at the beginning of a curve to the right, having a radius of 850.00 feet and a chord bearing and distance of N 85°17'54" E, 135.15 feet; Easterly, along said curve, through a central angle of 09°07' 12", an arc distance of 135.30 feet to a set 5/8 inch capped iron rod (TNP); N 89°51'30" E, a distance of 67.79 feet to a 5/8 inch capped iron rod (TNP); N 00°08'30" W, a distance of 10.00 feet to a 5/8 inch capped iron rod (TNP); N 89°51'30" E, a distance of 195.93 feet to a 5/8 inch capped iron rod (TNP) set on the west right-of-way line of Teasley Lane, F.M. 2181 (variable width right-of-way); THENCE S 1°32'50" E, with said west right-of-way line of Teasley Lane, a distance of 98.27 feet to a point at the southeast comer of said Parcel 2, said point being in Hickory Creek Road; THENCE N 89°56'22" W, with the south line of said Parcel 2, a distance of 617.81 feet to the Point of Beginning and containing 1.134 acres of land of which 0.549 acre is included in the existing prescriptive right-of-way, leaving a remainder of 0.585 acre of land more or less. Bearings are based the Texas State Coordinate System, North Central Zone (NA See Exhibit B for map. 11105102 Revised easement per new alignment. :r. 74 F MAP SHOWNG PROPOSED' RIGHT-OF-WAY ACQUISIAON City of Denton, Denton County, Texas Exhibit B PARCEL 1 I I / I / I i1 SURLY p-jOt9 ELt pIGKE I DWIGHT 7HOMPSON MINISTRIES, INC. I / 2 I VOL. 31J5, PC, 439, D.R.D.C.T. I QjQ n ~I q O I PARCEL 2 / GEORGE T. CONNELL, JR. ' VOL JIJS, PG, 4J6, D.R.D.C. T. I I L: \RRa-nuWcNBOmyow\PABC_s nfvOw9 lo~ 60 N 1.11 es IOTA Q2Q J 0 e ()0%)~y 159.54' Wt. 129, PG. 467 AL NN E. MEREDITH ET UX. VOL NOTES: I I VOL 429, PC.167,BD.R.O.C. T. (LEGAL DES[-REF DEED) Is. Field notes 0 200 aoo soo INELL ADDITION CONVEYANCE PLAT I CAB, P, PD. 75 '~7•, LEXINGTON PARK SOUTH I We Rp CAB. $ PC. 299, P.R.D.C.T. PARCEL 5 0.319 AGf IN Cn5RN0 ROW Iu 0515 AMC I1 N 0931'30• C 39.13' I ' , ILM FAMILY TRUST 4 e-0997 I7 N 0931']0• C 01.79' i-'iz o J CC / 96-00596]0 n-13115 ' R.P.R.D.C. T. G-N8517 31Y N 0090']0' W Fox, N BN ti N 0099'51• W 50.07'` h N00'Ial~ ~ A 30'~ - . APPAR(Ni L951A9 . Al / ROW BY PRCSCfiPRON N 8956'77• W 017.81' S 01 -32-50- C 9fl77' ' CITY OF DENTON ' GARY JAY MADRIGAL I ~ VOL. 1647, PC. 3456 I VOL 1155, PC. 100, (QUITCLAIM) I I I f. Bevrings are boaee an the Taxes Stole Coordinate s S Syelem, North Cenlrcl Zone (Nod 83). Jt p-t 2. I~le~Proal ports of this Survey. U RE 5 V 3 n ill b Th ri ht- f- li G VAN 1 i h . ew woy ne w e g o e monvmm ' • - " • lee w t p S/e Iron roes cepPee, T.N.P. , NEN AP EXHIBIT. B S PARCEL '5 _ C~AEN "•^;f TEAGUE NALL AND PERKIN S 1 R~01 e ew erlr rle ,•„~N S l r e e l FePOied BY: E. ALLEE Y e l W o r I B, i e r o e 7 B 1 9 T 570 ezJSB-aY73 ~r ZJ6 WSS 1 NlekorY Blre e l d y °0"~_ D e n f e n~ ile r e S 7 B t 0 i Dote: ua~T` (9 ea) 3 ea-4 1 Vz v 5391 2161 City of Denton Engineering Department City Hall East 601 E. Hickory, Suite B Denton, Texas 76205 Attention: Paul Williamson AN"MO~/r.=rC'1L HE RNALIO ANO n:'rl^.n nesmzr3 me35Le, aCa',~1.- Oi 1HE OCSCH c' PgOPERNBECAUSE OF COFQ(ipp9 JE `y UNZNr O~DEAELE UNDER ° •L' E'A'E EfOEML IAW. Y0 000 - rz Irerev L. M. m cM tlrm nr+m wen fl! ED h by Fie rlmrtm CORDED, cn Cre N be b". "ro+lnann.'v rne: m~X rvm nny nECCgDEO, h h Te OMay PoMr: P.e.wvb W H1511 0'111.:il rl++wr coat%. in mr AUG 15 2003 V OI COUNTY OLERK DENTON COUNTY, TEY.A9 Y { nl~ DE4189 8GACO l in: CYNTHIA MITCHiLL, COUNTY CLERK On Augg I5 2003 At 11:65am Receipt 50174 Recording: 13.00 Doc/Mont : 6.00 Doc/Nuo : 2003-R0133833 Doc/Type • ROW Deputy -Jane .+I