2003-186~. S:\Our Documents\Ordinances\03\Spencer Road - American Legion - Purchase.doc
ORDINANCE NO. d~{7~- / ~
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
PURCHASE A 0.60 ACRE TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET,
UTILITY AND RIGHT-OF-WAY PURPOSES, SUCH TITLE TO BE IN THE NAME OF THE
CITY OF DENTON AND SAID PROPERTY BEING LOCATED IN THE MARY AUSTIN
SURVEY, ABSTRACT NUMBER 4 IN DENTON COUNTY, TEXAS AND BEING OUT OF
THAT CERTAIN TRACT OR PARCEL OF LAND IN A DEED TO AMERICAN LEGION
POST #71 RECORDED IN VOLUME 561, PAGE 464 OF THE DEED RECORDS OF
DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, City of Denton staff and agents have reached settlement terms with
American Legion Post #71 for the necessary street right-of-way required by the project known as
Spencer Road Paving, Drainage and Water Improvements; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to contract and
purchase the 0.60 acre tract in Denton County, Texas, together with improvements thereon and
appurtenances thereto as more particularly described in Exhibit "B" and illustrated in Exhibit
"A", attached hereto and made a part hereof by reference (the "Property"). The Property is being
acquired for street, utility and right-of-way purposes.
SECTION 2. The City Council hereby authorizes the expenditure of $140,000.oo (the
"Purchase Price") plus closing costs for the Property.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /~/? dayof &{ftYs' ,2003.
EUL]NE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
DENTON
EXHIBIT'B'
Legal Description for a
strip of land out of the
MARY L. AUSTIN SURVEY A-4
Denton, Denton County, Texas
Being all that certain tract, parcel, or lot of land out of the MARY L. AUSTIN SURVEY A-4, in the City of Denton, Denton
County, Texas, as described by deed recorded in Volume 561, Page 464, Deed Records, Denton County, Texas, and being
more particularly described as follows:
BEGINNING at a 5/8" iron rod found for the southwest corner of aforesaid deed, said iron rod also being in the east line of
that tract described by deed recorded in Volume 987, Page 548, Deed Records, Denton County, Texas, having Texas
Coordinate System, North Central Zone, 1983-1999 coordinates of x = 2397564.26, y = 7120889.89 feet;
THENCE with said east line, Norfh 02°54'28" West a distance of 35.61 feet to a 5/8"iron rod set for comer;
THENCE lea ving said east line, North 84 °02'16, East a distance of 42,38 feet to a 5/8" iron rod set for an angle point;
THENCE North 85°06'09" East a distance of 100.50 feet to a 5/8" iron rod set for an angle point;
THENCE South 8g°11'13" East a distance of 100.00 feet lo a 5/8" iron rod set for an angle point;
THENCE South 83°06'05" East a distance of 100.57 feet lo a 5/8" iron rod set for an angle point;
THENCE South 83°10'46'' East a distance of 103.57 feet to a 5/8" iron rod sel for an angle point;
THENCE South 84 °09'56" East a distance of 97.11 feet to a 5/8' iron rod set for an angle point;
THENCE South 89°11'13"East a distance of 143.41 feet to a 5/8" iron rod set for comer in the west line of DENTON
COUNTY ELECTRIC COOP ADDITION, an addition lo the City of Denton, Denton County, Texas, according to the plal
lhereof recorded in Cabinet D, Page 80, Plat Records, Denton County, Texas;
THENCE with the west line of said addition, South 01°43'41" East, passing at a distance of 15.26 feet, a ~" iron rod found
for the southwest corner of said addition, and continuing for a total distance of 25.12 feel lo a point for comer;
THENCE North 88°48'19' West a distance of 684.05 feet to the POINT OF BEGINNING and CONTAINING 0.600 acres of
land, more or/ess as surveyed by john nail jr. rpls #1970 during the month of June end July 2002.
BEARINGS, Distances, and Coordinates shown hereon are grid per the Texas Coordinate System, North Central Zone,
1983 -1999 datum. To obtain surface distances, multiply by 1.00015450 the distances shown. Areas shown are surface.
See a~ached Sur~ey Sketch jnj. L-O075;
I§ American Legion. doc
"Dedicated to Quality Service"
www. cityofdenton.com
'~ G359 p5292~
(American Legion Post tJ71)
' 1 ,
098834
LICENSE, RIGHT OF ENTRY AND POSSESSION
STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, AMERICAN LEGION POST #71, is the sole owner ("GRANTOR") of the
following tract of land:
That certain tract or parcel of land (the "Property") containing approximately 0.600
acres of land, situated in the City of Denton, Denton County, Texas as part of the
Mary L. Austin Survey A-4 and being more particularly described on Exhibit "A"
and illustrated on Exhibit "B", both of which are attached hereto and made a part
hereof by reference.
WIIEREAS, the City of Denton, Denton County, Texas (the "City") intends to acquire fee
simple title in and to the Property for some or al] of street and highway purposes, for utility
relocation purposes, for construction, grading, and access purposes, for drainage purposes and for
other public purposes;
WHEREAS, the City intends to acquire the Property by purchase, or upon failure to acquire
by purchase, by condemnation prcecedings; and
WHEREAS, prior to its acquisition of the Property, the City requires possession of the
Properly in order to construct important public improvements for paving, utility and drainage
improvements associated with the project commonly ]mown as, among other things, the
"Spencer Rd. Improvements Project" and Grantor consents to said prior possession of the Property.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Grantor for
in consideration of the srmt of TEN DOLLARS ($10.00) and other good and valuable
ideration to it in hand paid by the City, the receipt and sufficiency of which are hereby
owledged and confessed, has GRANTED, BARGAINID, SOLD and CONVEYED and by
presents does GRANT, BARGAIN, SELL and CONVEY unto the City the license, the right
privilege of the use of and a private license and right of entry over, across and upon the
erty, the right to remove improvements, if any, with which the Property is encumbered, and
ession of the Property for street and highway purposes, for utility relocation purposes, for
truction, grading, and access purposes, for drainage purposes and for other pubhc purposes.
This grant of license, 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 which to value
the Property for negotiation or condemnation purposes as the date of actual entry and
possession of the Propery by the City.
~3~g )SZQ3~
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 purchase, or in the ahemative, by
initiation of condemnation proceedings for the acquisition of the Property in a good faith
and timely manner.
4. It is expressly provided that in the event the City institutes condemnation proceedings,
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 awazd; however, payment
of any interest may be deferred by the City until entry of judgment.
5. This license, right 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 AIYD TO HOLD the possession of the Prupexty far street and highway
pmposcs, for utility relocation purposes, for construction, grading, and access purposes, for drainage
purposes and for other public purposes, subject to the limitations above described.
This LICENSE, RIGHT OF ENTRY AND POSSESSION is EXECUTED to be effective
as of June 6, 2003.
AMERICAN LEGION POST #71
^V° WVI~
Pnnt~~R~ J t1t)t)
Its: t'o5'r Cv ~~ Mt4 i/ D c2
fir,
ACCEPTED AND AGREED TO by the City of Denton, Texas this ~~ day of
~ U N E , 2003.
CITY OF DENTON, TEXAS,
A Horne-Rule Municipal Corporation
APPROVED AS TO FORM:
CITY ATTORN Y
CITY OF D , TE S
BY:
13y: ~
ic]y A. Conduff
City Manager
PAGE2
•5359 ..529~1~
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON §
This instrument was acknowledged before me this ~/~,( day of ,C~.y 2003 by
Samuel J. Marino PnGt ('nmmanrlar ofAM AN LEGION POST#71,in
his or her stated capacity and ai behalf the above-named entity, for the p irp ses-herein stated
- /
NotaryPublic,5 of Texas
_~ 2 0 (~~ Printed Name: `~/A m y~ J. D U
MAMIE J. DUNN
Notary public
State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DENTON §
This it •trttm nt was acknowledged before me this~Li' day of (/~L.Q~ 2003 by
D , , of the CITY OF DENT ~ ,TEXAS, in his or her stated
ca ty and on behalf the above-named entity, for the purposes herein stated.
o"°:."."!~~~~
"'
~ JENNIFER K. WgLTERS
Notary Public, State of Texas
.j
~
° My Commission Expires
"w; ^"`; ` December 19, 2006
APPROVED AS TO FORM:
1. /
tary Pt} ic,--S-t~a~te of Tex(,as I l' l,, ! /,
Printed Name:c.~~~7/1/~~Y~Y ~!/K1 /Y~VJ
CITY A'[TORNEY
--City or uenton
Engineering Department
City Hall East
601 E. Hickory, Suite B
Denton, Texas 76205
AYteniir_.;;; aavl Williamson -
PAGE3
X359 052951
(American~Legion Post #7l)
Rxhihit "A"
(Legal Description)
°CIH t`i
of
~° ENTON
fXNIB/1N'
(rld9wsnMAOn lw+
rn$a/lwdrw•frA•
MARYL AOSTMfNAYEYM
lwrros, Orww GwwY, Turr
ppN W fArf r+adn art fare{ a bf N/md wN Nwr MAIIYL AUSnNSNNYFYA~l, 6 fN G}y al0rars, 6aNw Crwx Twx wlerpiN! Ay deelucwdrd er
Y~iwr ST 1, Pwr l6q RlydRawdx Omroa C+wly. Tw~x sad6wp nmww+fiadwb lawiMNV NWwc
ff6aU'lN6ar+f/8"mmre!/aw!/aW uoMMnl rmwr oJ+/mrrrAddad, widvwro/drnldry i97N wyrk'wN1AN NKrlwrrs'1rldYd+drrmdMbYduwr 957.
qpr 61& OwdRrrrrdr. Omrcw Cowry, Tiirx Agpp Trwr Cradwn SYruw, NwfAtuHdfoar,,/Hd318R9uwlemmtalr - JJ97661.76,Y - 717055858 IwC
iNFNtExkbr+ArwNSw, RarA 07.5!'7B'Wwr+burur o/Ji61 N+r m+95"irwrwlwr/p raver.
n/fNCfAvmY rddw.wNx Abr1 fl1°OTfB'FerrrlLrra+of 5738baw s 62'Aw rNwl mrwrybfdia;
A1fNCFlYau56°06G8'firfrArurer+//O8601ra roe N8"AmrWaa IawagmpNv,~
n1fNCFSwNA 59.17'1Tfrx r 6rrwn r/100.00/woos 95'>w rrlrrf /auwpl~ fxbC
1NFNCf SwM BJ•06ab'Fin+ Aiuxr d J0867/wr ro+95'Am rad ut kru wg4pihr,
MfNLf SwfA5J90'SB•firf r d'surw of 107.671wr u • N5'ironredrer hruwNhpamr,
INFNLF SMA Bd °09'66'ha + di r uaw a/ 97.17 !s N fs r 5rB' Ave red nr la u u9N P ti+t
TNFNCf Srwh 59°ll'IJ'ferr a b'r1rMr+I IQ.41 /iR fa s 95"sw red wr la rwwrn Ue wur 4br NNFN/NNCBNNT/t1fCTN/C COOPAB-lTION, w rddHiw ro
rN Gty r/PUmn, flurw Lurfy, Tar+x rrrwd'rgro rNf/rl fwgo/rrralMb CrNxr 0, 7pr 80, fbfRrww, N+aw Cwnq; Tmc
1NfNCf w'tl Nr wr/ Lw d rtilMGAbr, Sr+N07•Q%I'fe+L wAigO a.r douw+n/ 1615 /rw, r N'9on ra! Irw! Ia rM uslAneHraar N A+Nrddifb0. wd
nnrNAry lrr+rafdArrrm N1611leeru • priNlw rmmr,
1NFNfl Nwu 55'aB'lB'Wra rlMexr N6Bd.OblrW n de POINT Of fF6/NNa'6 rNSNNTMNAYB86'07rw N4ey seer w Arse w.M1'rYAddypMwSy, rpi
+1910lwieJW mrnN7 NJSwadJWy7007.
SFAdNGS. OUruwx rM Cwrdmfw rbrwn Arrwawpil5amr 7wia CowdbMSyarm, ALNACwxrdlms, 79571898/awr. to aDMn unc~r dkf+xey wukgry
dy l.OpOIN.WMlhrorrra rAOra bwt wrm a~rwlm.
Ar anwAol Sorry BMdril1-0O7¢
S~'v
F.9chihit kA» (Legal Description) -Solo Page
- ~~59
F.xhihit "R"
(IDustration)
O
t
.~4
6
4
~a
7 Q
w
6
0.
i~S295
• (American Legion Pos[ N71)
,,:;
_ „i~,
. i`;':
q 1 i. i
__.,__ 1 I
'GB :I^Y'n 'J T^ ~ N
'NI1GY 'a00] .^_llJ 'C^. NOII(IG
___ ___ __ 6ri i
ll`J'(YN11 a
Y~<'J '[p6 'n t
SWAY 'M GIVl1G11
/aTM'Jn - IN
f, ~.. Y.
~~
:;aa `n'n!a~9~$ ~'mi dal ~ a
r; ,'i "e 1fiLt~F X11 CiiFl
s'Ii9~F_I 'C li'_fFT1 •J.-1~ti3°; ~F~ ~`2]tlT~Zl.~
;.~:FY1 r1 nuL. .l~
ag1F::-~ ;p
d$CCF. :~ ic~:~~9A
?L38?t1`Jro-£iYr3~ subti+._7n:7
Fxhih:a'°R" (Illustration)'-`Sol'o Page
a.?a~le•V- v.Yalq~17
1
6
~ a
n
t ~ ~
o
a :p ~GD
w 11-^^Q
~1
o ~
up
z ,G
oo~
y~V
V y~ p
2 ~
O~G.
20
o~
i
s
~~ --
~;- - - -
~~
~
~ 6
~~ x
~
~n g¢¢g
Q
6t
:I 2 °N
~..
~V
~ A
O G
d p S__
j.
9^
2 -
no Ni
J
w~
u
¢
z
°
rc u
+
> f h^
n
Y
~
O
a Qy
Q
° A
~i
od~_
'~$
~] r d'`i r C!
D~
€ o$
^
~ ~ 3
~
7 d
~ ^$ ~
a
_$
~~
axe ~ ,,.
, N
~
~ S
'
6
~__. _. ___
'"'s-
`~3~9 ~J52g~- -~-
'fi~~-u2N To •.
~ ITY of DENTOnI
~NGwEER~N6 LEPAR'rm~NT
G• ~! k-~A ~ ~ EAST
6~1 E. }}~ c.knkY S'r~ lJU ~ rE g
p~v-roN, T~x~s '76Zos'
~-~-~/~ Ti fl!J : PRA L W ~ c. c rA M S onJ
ANY PROVI510:1 Nc'Eljj x(111 (;N BEST NICiS THE SnLE. NEI.; tr„ OH DeE
OF THE DEFvolEe~n~p" el-1+~'CIVEnh UEfa USE Ov COI On Ce once IS
uNFUD A1,jG JJEFlipF~.Ea'nLE Uup F.a rEDE94I A+~+
-+[SiniE OF12S~6 l
COUpTV Or 4}-y1TGN
I nareor cproH F.FI Ini3 ^IgL'uT="d ~d4 F° FD "'. ILn 141e Nein¢¢' oacennca on
I'tP Palp dnC 14 rna i1eM1UFtl np~eC~' 4y n+p. en+l W Te Iluly III;[CFDED. in InC
p"~cinl pu0": FdFC+Cfo'vvn'I+.epvy. u'()nninn CO~v~ly F.c
JUN 2 3 2003
~'"` _~
COUNTY CLEPK o®i^
DENTON CIXYlfY 7E'(18
Filed For Record inz
DoNroN cnu~rr rx
cyNn+la ulta~~, couNry af+nc
On Jun 23 2803
At 4:01{n
Receipt 0: 377
Recording: 13.80
Doc/Ngot 6.M
Doc/Nuo :2803-RNgg83~
Doc/Type : MDp
Depaty -Felicia