2003-222S:\Our Documents\Ordinances\03\Denton State School Real Estate Ordinance.doc
ORDINANCE NO. Mj - A
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL ESTATE
CONTRACT BETWEEN THE CITY OF DENTON, THE STATE OF TEXAS BY AND
THROUGH THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL
RETARDATION AND THE SCHOOL LAND BOARD FOR THE PURCHASE OF AN
APPROXIMATE 10.965 ACRE TRACT AND A 2.689 ACRE TRACT OF LAND LOCATED
ADJACENT TO THE DENTON STATE SCHOOL IN THE M.E.P. & P. RR SURVEY,
ABSTRACT NO. 950 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute a real
estate contract between the City of Denton and the State of Texas by and through the Texas
Department of Mental Health, Mental Retardation and the School Land Board, in substantially
the form of the contract which is attached hereto and made a part of this ordinance for all
purposes.
SECTION 2. The City Manager, or his designee, is authorized to make the expenditures
as set forth in the attached Real Estate Contract.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
RaL
PASSED AND APPROVED this the ~ - day of '2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
OVED AS TO EGAL FORM:
HERBERT L. P Y, CITY ATTORNEY
BY:
EARNEST MONEY CONTRACT
SALE OF PROPERTY FROM STATE OF TEXAS
TO PERMANENT SCHOOL FUND FOR SALE TO THE CITY OF DENTON
THIS CONTRACT OF SALE is made by and between the State of Texas, acting by
and through the Texas Department of Mental Health and Mental Retardation, TDMHMR
for the use and benefit of the Denton State School, Denton, Texas, hereinafter referred to
as the SELLER or TDMHMR and the School Land Board by and through its chair, the
Commissioner of the Texas General Land Office Chairperson, on behalf of the
Permanent School Fund, hereinafter referred to as the SELLER or SLB and the City of
Denton, Texas, hereinafter referred to as the BUYER or CITY.
1. PURCHASE AND SALE OF PROPERTY. For the consideration and subject to the
terms, provisions and conditions herein, SELLER hereby agrees to convey, and
BUYER hereby agrees to purchase and pay for, the following described approximate
13.654 acres of Property, for use as designated by the City of Denton, Texas provided
and except however, the deed restrictions enumerated herein that run with the land
Tract One. A parcel of land not to exceed 10.965 acres out of an being a part of
that 201.38 acres of land deeded to the State of Texas by Alfred F. Sellmeyer and
wife Barbara F. Sellmeyer as shown by that deed recorded in Volume 435 Page
12 Real Property Records of Denton County, Texas, said 10.965 acres situated in
the City of Denton, County, Texas described as shown in Exhibit "A" attached
hereto and made a part hereof to which reference is made for further
description. Approximately 1.135 acres of Tract One lies within State School
Road right-of-way.
Tract Two. A parcel of land not to exceed 2.689 acres out of an being a part of
that 201.38 acres of land deeded to the State of Texas by Alfred F. Sellmeyer and
wife Barbara F. Sellmeyer as shown by that deed recorded in Volume 435 Page
12 Real Property Records of Denton County, Texas, said 2.689 acres situated in
the City of Denton, County, Texas described as shown in Exhibit "B" attached
hereto and made a part hereof to which reference is made for further
description. Approximately 0.192 acres of Tract Two lies within State School
Road right-of-way.
Together with any and all rights and appurtenances pertaining to the "Property"
including any development rights, easements appurtenant, and right, title and interest
of Seller in and to adjacent streets, alleys, easements and rights of way related to the
"Property". All minerals, mineral rights, royalty interests and development rights not
herein conveyed will be retained by Seller except however, such reservation will
prohibit use of the surface for drilling purposes and require off site drilling to explore
for, drill and harvest the minerals reserved. All of such real property, rights, interests
and appurtenances are hereinafter referred to as the "Property".
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2. SALES PRICE. The Sales Price shall be Four Hundred Nine Thousand and No/100
($409,000) payable in full at closing.
"Funding Out". It is expressly understood and agreed that in the event
sufficient funds are not appropriated for the payment of the amounts due
under the Contract, then the Buyer may terminate its payment obligations
under the Contract. Buyer agrees that in the event it terminates its payment
obligations in accordance with the terms of this provision, Buyer will
promptly terminate this Contract. Termination of the Buyer's payment
obligations in accordance with the terms of this provision shall not be
deemed a default by Buyer on its obligations under the Contract and Buyer
shall not be liable for any unpaid amounts due under the Contract or for any
deficiency.
3. INDEPENDENT CONSIDERATION. Buyer shall deposit with Fidelity National
Title Insurance Company, Austin, TX 78734 ("Title Company") the amount of One
Hundred Dollars ($100.00) (the Independent Consideration) within 5 business days
after execution of this Contract by Seller and Buyer. Within 5 business days
following its receipt of the Independent Consideration, the Title Company shall
deliver to Seller all of the Independent Consideration as consideration for this
Contract. The Independent Consideration will not be returned to Buyer if the Contract
is terminated for any reason.
4. PROPERTY CONDITIONS. Buyer may investigate the condition of the Property
pursuant to paragraph 6C of this Contract prior to Closing.
5. SURVEY, ENVIRONMENTAL ASSESSMENT AND TITLE COMMITMENT.
A. Survey.
(a) Within 45 days after the completion of the execution of this
agreement, Buyer shall, at the expense of The City of Denton, Denton,
Texas, Buyer, deliver or cause to be delivered to Seller and the Title
Company a copy of a current on the ground survey, which complies
with this Subparagraph 5(A)(a), ("Survey") of the property made by a
duly licensed surveyor reasonably acceptable to Seller and in a form
acceptable to Buyer and the Title Company. If Seller chooses to have
the survey exception deleted then the additional expense to delete the
Survey exception (except as to shortages in area) will be paid by the
City of Denton, proposed Assignee.
The Survey must: (i) be a Category 1-A Land Title Survey, as
specified by the latest edition of the Manual of Practice for Land
Surveying published by the Texas Surveyors Association, (ii) be
addressed to Buyer and Title Company and (iii) include:
(1) the actual boundaries and dimensions of the property;
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(2) a metes and bounds description of the Property (unless the
property can be described by reference to a recorded plat);
(3) the location of any easements, set back lines, encroachments,
overlaps, roadways or waterways;
(4) the outside boundary lines of all improvements and all fences;
(5) a certification by the Surveyor to the Buyer and the Title
Company (a) that the Survey was made on the ground (b) that
the Survey is correct, (c) that the Property adjoins a publicly-
dedicated roadway, and (d) that there are no discrepancies,
conflicts, shortages in area, boundary line conflicts,
encroachments, or visible or apparent easements, roadways or
rights of way, except as shown on the survey;
(6) the Surveyor's registered number and seal; and
('n Identification of any area within the Property that has been
designated by the Federal Insurance Administrator, the US
Army Corps of Engineers, or any other governmental agency
or body as being subject to special flooding hazards, or
certification that no such flood hazard area exists on the
Property.
Upon delivery of the Survey, the metes and bounds description
of the Property shall automatically be incorporated into this
Contract as a revised EXHIBIT "A" and revised EXHIBIT
"1311.
(b) Seller will have 30 days after receipt of the Survey to review and
approve it or notify Buyer of objections as provided in paragraph 6.
B. Environmental Assessment. Within 30 days after the Effective Date of
this Contract, Buyer may, in its discretion, at expense of City of Denton,
Texas, deliver to Seller a current Phase I Environmental Site Assessment
covering the Property, performed by a firm or consultant approved by
Buyer.
In the event and only in the event that such assessment concludes that
environmental cleanup, abatement or mitigation is required, Buyer
may, in its sole discretion, terminate this contract.
C. Title Commitment. Within 20 days after the Effective Date of this
Contract, Seller shall have caused Title Company to issue as follows:
(a) A title commitment ("Title Commitment") covering the Property
binding the Title Company to issue a Texas Owner's Policy of
Title Insurance on the Standard form of policy prescribed by the
Texas State Board of Insurance at the closing in the full amount of
the Sale Price, subject only to the exceptions approved or waived
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by Buyer in accordance with paragraph 6, a copy of which is
attached as Exhibits "D" and "E" and any liens established as part
of the transaction subject of this Contract of Sale; and
(b) True, correct, and legible copies of any and all instruments referred
to in the Commitment that constitute exceptions or restrictions
upon the Seller's title; and
Buyer will have 20 days after receipt of the Title Commitment and
copies of the instruments to review and approve it or notify Seller
of objections as provided in paragraph 6.
D. Appraisal. Sellers have appointed an appraiser to appraise the property
at Buyer's sole expense. Should the transaction subject of this agreement
not close and fund, for any reason whatsoever, Buyer shall pay the
expenses allocated to Seller herein, to include expenses of the appraisal.
Upon receipt of the appraisal, Seller will furnish a copy to Buyer.
The appraiser as provided for herein, will take into account the restrictions
on the use of the property as provided in Exhibit "B" attached to this
agreement.
E. Other Documents. In all instances where Buyer prepares, acquires or
obtains, as the case may be, of any site development plans, permits,
environmental analyses, or any other information or review with respect to
the physical condition of or development on the property during the
investigative period, Buyer shall furnish to Seller within 7 days of
acquisition of such document or documents at no cost to Seller, copies of
the aforesaid plans, permits, analyses, assessments, and other
documentation developed by or for Purchaser regarding the physical
condition and investigation of the property including any governmental
approvals and consents required for the development of the property.
6. APPROVAL PERIOD AND TITLE
A. Commitment Documents Review. Buyer shall have 20 days after the receipt
of the Survey, the Title Commitment, Appraisal, copies of all instruments
referred to in the Commitment ("Commitment Documents"), and any and all
documents called for in this contract, in accordance with the provisions of this
contract, to review them and to deliver in writing to Seller any objections that
Buyer may have. In addition, if Buyer receives any revised Commitments or
revisions to any other documents prior to Closing, Buyer has 10 more days to
review the Commitment and or any other Documents and deliver in writing to
Seller any objections that Buyer may have. Any item to which Buyer does not
object within the "Review Period" will be deemed accepted by Buyer. If
Buyer makes objections, Seller has 30 days to cure same.
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If Seller delivers written notice to Buyer on or before Closing Date that Seller
is unable or unwilling to satisfy such objections, or is unable to convey title in
accordance with paragraph 7, Buyer may either waive such objections, accept
title subject to all such objections, or terminate this Contract by written notice
to Seller.
If Seller terminates this Contract, the Independent Consideration must be
refunded to Buyer.
B. Title. At the Closing, Seller will convey to Buyer good and indefeasible title
by Deed from the State of Texas without warranties, subject only to any title
exceptions approved or accepted by Buyer in advance in accordance with
paragraph 6 and subject to use restrictions that will be a covenant running
with the land. The use restrictions will restrict the use of the subject property
for uses as designated by the City of Denton, Texas subject to deed
restrictions set forth herein as Exhibit "E" attached hereto and made a part
hereof. Said restrictions will be a covenant that runs with the land. Delivery
of the title policy pursuant to paragraph 7 below will be deemed to fulfill all
duties of Seller as to the sufficiency of title required hereunder. This
provision for use restriction will survive the closing.
C. Review Period. In consideration of the Independent Consideration and other
good and valuable consideration, paid to Seller by Buyer, Seller grants Buyer
the right to investigate, inspect, and review the Property and all current
"Documents" pertaining to site development of the Property in Seller's
possession or control for a period of 60 days from the Effective Date of this
Contract.
During the review period Buyer, its authorized agents, representatives, and
employees may enter upon the Property at reasonable times under reasonable
circumstances to inspect the Property and conduct soil, subsoil, and such other
tests as may be reasonably required by Buyer. Reasonable hours are agreed to
be those hours between 8:00 am and 5:00 pm local time on weekdays, unless
otherwise specifically authorized by the Superintendent of the Denton State
School or his designee. Buyer is responsible that the contractor must comply
with the local rules and regulations for entry upon the property to include
notification to the Superintendent upon each entry to the property. Buyer is
responsible that the entity performing the inspection and testings required by
Buyer will comply with all safety requirements as established by the Texas
Department of Mental Health and Mental Retardation. Seller agrees to
cooperate with Buyer in allowing Buyer, its authorized agents,
representatives, or employees to have access to the Property to conduct such
studies or investigations, upon reasonable notice to Seller.
During the Review Period, Seller further agrees to allow Buyer, its authorized
agents, representatives or employees, to inspect and make copies of all current
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assessments (special or otherwise), and correspondence from governmental
entities with respect to the Property, all service agreements or other contracts
affecting the Property, surveys, operations and maintenance plans,
environmental reports, and all books, records, files, reports, and all other
documents and related items in anyway pertaining to the Property's physical
condition, (collectively, "Documents"), which are in Seller's possession or
control. The inspection and copying must be done at Seller's office or another
place designated by Seller. Seller must provide access to the Documents
within the Review Period.
Seller must conspicuously mark any and all of the Documents that are
proprietary and confidential in nature. To the extent it is permitted to do so
under applicable law, Buyer agrees not to disclose the Documents, or any of
the provisions, terms or conditions thereof, to any party other than those
individuals within Buyers organization and Buyers agents and representatives.
To the extent it is permitted to do so under applicable law, Buyer shall return
all of the Documents marked proprietary and confidential to Seller if this
Contract terminates and Buyer does not purchase the Property. Any
termination of this Contract applies to the total Contract. No partial sales are
contemplated by the parties herein.
Within a reasonable time after the date scheduled or required for furnishing of
the documents or an event to occur and the document is not delivered or event
occurred, the party that was entitled to receive the documents or benefit from
the event will notify the other party the documents have not been received or
the event has not occurred.
If Buyer does not receive the Commitment Documents or access to the
Documents or access to the Property for inspection or testing within the
Review Period, Seller grants Buyer an extension of the Review Period of two
days for each day any of the Commitment Documents or "Documents" are
past due or access to the Property was unavailable.
For the independent consideration named in this real estate contract, at any
time during the Review Period Buyer shall have the unrestricted right to
terminate this Contract by giving Seller written notice of termination within
the time of the Review Period. In the event Buyer gives notice of termination
within the Review Period, the independent consideration will not be refunded,
however any earnest money will be refunded to Buyer and both parties shall
be released from further obligations under this Contract except any obligations
incurred to third parties.
To terminate this Contract as provided in this paragraph, Purchaser must give
written notice thereof on or before the date of the expiration of the Review
Period provided herein. If Buyer fails to give such written notice of
termination within the period required herein, Purchaser shall be deemed to
have elected to waive the right to terminate.
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For the purposes of this paragraph time is of the essence, strict compliance
with the time for Review Period stated herein is required.
7. CLOSING. The Closing of the sale will be on or before September 30, 2003 at a
time and at the office of Fidelity National Title Insurance Company, 1213 Ranch
Road 620, Suite 101, Austin, TX 78734 (the Title Company). The Closing Date may
be extended by written agreement of the parties if necessary for Seller to cure title
matters or perform any of its obligations under this Contract so long as all extensions
will end on October 30, 2003 and unless amendments are approved in writing by all
parties, the contract is null and void unless closed no later than October 30, 2003.
A. At the Closing, Seller shall deliver to Buyer:
(a) a Deed from the State of Texas (without warranties) in substantially the
form shown in the attached and incorporated EXHIBIT "C" conveying the
Property, subject only to exceptions previously approved or deemed
accepted by Buyer in accordance with paragraph 6; and
(b) an Owner's Policy of Title Insurance (the "Title Policy") issued by Title
Company at sole cost and expense of the City of Denton, Texas, Buyer, in
the full amount of the Sales Price, dated as of the Closing Date, insuring
Proposed Assignee's fee simple title to the Property to be good and
indefeasible subject only to those title exceptions permitted herein, or as
may be approved by Buyer in writing, and the standard printed exceptions
contained in the usual form of the Title Policy, provided, however;
(1) there must be no exception made to rights of parties in possession; and
(2) if a survey deletion is obtained, the exception to survey matters must
be deleted except for "shortages in area" and endorsed.
(c) possession of the property; and
(d) deed restrictions as attached hereto as Exhibit "E" which are covenants
that run with the land and
(e) resolution(s) as appropriate, by the Texas Board of Mental Health and
Mental Retardation and by the School Land Board of the State of Texas
evidencing Seller's authority to enter into the transactions described
herein; and resolution(s) as appropriate, by the City of Denton, Denton,
Texas, evidencing Buyer's authority to enter into the transactions
described herein and
(1) Any other documents required under the terms of this Contract; and
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(g) Any other document reasonably required by the Title Company or the
Buyer to carry out the terms and obligations of this Contract.
B. At the Closing, Buyer shall deliver to Seller:
(a) the cash portion of the Sales Price; and
(b) evidence of Buyer's authorization to consummate this transaction; and
(c) any document reasonably required by the Title Company or the Seller to
cant' out the terms and obligations of this Contract.
C. Buyer shall pay for the title insurance premium for the Title Policy, appraisal fees
incurred by Seller herein, all of the escrow fee charged by Title Company and
additionally, all fees and expenses contracted for by Buyer and additionally all
fees and expenses customarily paid by Buyer in a commercial real estate
transaction. If Buyer is unwilling or unable to pay for costs enumerated in this
agreement, either party may terminate this Contract.
D. Seller is restricted as to payment of closing costs. Insofar as the law will permit,
Seller will pay all normal and customary closing costs incurred by Seller in a
commercial real estate transaction except those enumerated above which costs
will be paid by Buyer
8. CURRENT USES AND OTHER AGREEMENTS. The Property is presently
subject to a lease agreement between the State of Texas, acting by and through the
Texas Department of Mental Health and Mental Retardation, as Lessor and the City
of Denton, Denton, Texas, a home rule city of the County of Denton, State of Texas
as Lessee of which the portion of said lease that includes the Property described
herein shall terminate one business day prior to closing. Said Lease shall remain in
full force and effect for the remainder of property under the lease agreement that is
not included in this transaction. The remainder property shall be subject to the
current terms and conditions of said Lease. The intended use for the 2.69 acres of the
property is for street purposes.
9. CASUALTY LOSS. If, prior to Closing, any part of the Property is damaged or
destroyed by fire or other casualty loss, Seller bears the risk of such loss and Buyer
may either terminate this Contract or Buyer may accept the Property in its then
existing condition. Seller shall not be obligated to make any repairs to the Property.
10. DEFAULT. If Buyer fails to comply herewith, except under the "Funding Out"
provisions of paragraph 2, Seller may terminate this Contract. If Seller fails to comply
herewith for any reason, Buyer may (1) terminate this Contract thereby releasing
Seller from this Contract.
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11. CONDEMNATION. If any part of the Property is condemned prior to Closing,
Seller shall promptly give Buyer written notice of such condemnation and Buyer may
either apply the proceeds of any condemnation award on a pro rata basis to reduce the
Sales Price provided herein or declare this Contract terminated by delivering written
notice of termination to Seller.
12. CONTINGENCIES. This Contract and Seller's performance hereunder is subject to
(i) all applicable governing documents agreements and plans in force under
provisions of rules and regulations concerning the sale of lands owned by the State of
Texas for the use and benefit of the Mental Health Mental Retardation Department,
the purchase of such lands by the School Land Board and the sale of such lands by
the School Land Board to the Proposed Assignee. It is expressly understood and
agreed that Sellers' obligation to close is conditional upon the Sellers and Buyer not
being in default or in violation of any such rule or regulation at the time Closing. If
there exists such a default at the time of Closing, this Contract shall then become null
and void and both parties hereto shall be released of all obligations hereunder. (ii)
The Buyer, its successors and assigns shall construct a fence pursuant to standards of
material and workmanship agreed to in writing by the Seller herein along the entire
most southern boundary of the tract hereby conveyed and Buyer, its successors and
assigns shall maintain such fence according to such standards agreed in writing by the
Seller Texas Department of Mental Health and Mental Retardation, its successors and
assigns. Such standards of maintenance, material and workmanship shall be as agreed
in writing prior to closing of this transaction and subject to amendment as agreed by
the said Seller and the Buyer from time to time. An amount not to exceed $220.00 per
linear foot for such fencing and landscaping will be paid by City. (iii) Reservation by
Seller of a gas line easement 8 feet on each side of the center of the existing gas line
servicing the Denton State School which easement is to be specified in detail on the
survey plat of the property herein conveyed to which plat reference is made. (iv)
Granting of a temporary construction and grading easement in favor of the City of
Denton for the purpose of reconfiguration by the City of the floodplain area to replace
the storm water flow capacity that will be lost due to construction of the proposed
road.
13. LICENSE. Seller acknowledges that it may be necessary for Buyer in its effort to
construct the fence and drainage improvements on the subject property, to utilize the
Seller's adjacent property from time to time for use as a staging area. Buyer's
authorization to use Seller's adjacent property shall be as defined in a written
agreement between the Parties from time to time.
14. REPRESENTATIONS. In addition to other representations made herein, Seller
represents there will be no unrecorded leases against any of the Property on Closing
Date except those specified in paragraphs 8 and 12 of this Contract. All
representations made in this Contract survive Closing.
15. NOTICES. Any notice or communication required or permitted hereunder will be
deemed to be delivered, whether actually received or not, when deposited in the
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United States mail, postage fully prepaid, registered or certified mail, and addressed
to the intended recipient at the address directly below, or when hand delivered as
evidenced by written acknowledgement thereof. Any address for notice may be
changed by written notice delivered as provided herein.
Seller: Texas Department of Mental Health
And Mental Retardation
909 West 45`h Street, 2nd Floor
Austin, Texas 79751
Attn: Steve Craddock
Phone No. 512-206-4579
Fax No. 512-206-5443
With copy to: Texas General Land Office
Director of Real Estate
Asset Management Division
Stephen F. Austin Building
1700 N. Congress Avenue
Austin, Texas 78761-1495
Attn: Bob Hewgley
Phone No. 512-463-5013
Fax No: 512-463-5098
Texas General Land Office
Legal Services Division
Stephen F. Austin Building
1700 N. Congress Avenue
Austin, Texas 78701-1495
Attn: Charles W. Richards
Phone No. 512-305-9108
Fax No. 512-463-6311
Buyer: City of Denton
City Manager
City Hall East
215 East McKinney
Denton, Texas 76205
With copy to: City of Denton Law Department
Attn: Mr. Ed Snyder
215 E. McKinney Street
Denton, Texas 76201
16. INTEGRATION. This Contract contains the complete agreement between the
parties and cannot be varied except by a written agreement of the parties, executed by
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duly authorized representatives of each party. The parties agree that there are no oral
agreements, understandings, representations, or warranties that are not expressly set
forth herein.
17. BINDING EFFECT. This Contract is binding upon, and inures to the benefit of the
parties hereto and their respective successors, legal representatives and assigns.
18. ASSIGNMENT. Buyer may not assign this Contract without written consent by
Seller which consent and approval for assignment is in Seller's sole discretion.
19. STATUTORY AUTHORITY. This Contract is being entered into by Seller
pursuant to Section 32.061 and Section 51.052, Texas Natural Resources Code, as
amended. At the closing the Commissioner of the Texas General Land Office and
Chairman of the School Land Board on behalf of the Permanent School Fund and as
approved by the School Land Board, will purchase the Property from the Texas
Department of Mental Health and Mental Retardation under the provisions of Section
1(g) Acts 1983, 68th Legis, pg 79, Ch. 11, Sec 1 to 3, as amended by Acts 1991, 72nd
Leg., Ch. 633, Sec 8, eff Aug 26, 1991 and simultaneously therewith will sell the
Property to the City of Denton, Denton, Texas pursuant to Section 51.052(h), Texas
Natural Resources Code, as amended.
20. APPLICABLE LAW. All provisions of this Contract must 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 Travis County, Texas.
21. LEGAL CONSTRUCTION. If any one or more of the provisions of this Contract
are for any reason held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or un-enforceability does not affect any other provision hereof
and this Contract must be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
22. TIME. Time is of the essence.
23. ENTIRE AGREEMENT. This Contract constitutes the entire agreement between
the parties, there being no oral agreements, representations, conditions, or warranties,
express or implied, in addition to this Contract.
24. CITY COUNCIL APPROVAL. The Buyer's obligations and performance
under this Contract are contingent on approval of this purchase and the
provisions of this agreement by the City Council, Denton, Texas. If that
governing body denies approval, this Contract shall be void. This Contract is
further contingent upon the availability of funds to the City of Denton and
designation of such funds for the purposes stated in this agreement and
authorized by the Denton, Texas City Council and City Departments as
appropriate.
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25. BOARD APPROVAL. The Buyer's obligations and performance under this
Contract are contingent on approval of this purchase, sale of this property and
the provisions of this agreement by the School Land Board and the Texas Board
of Mental Health and Mental Retardation. If either governing body denies
approval, this Contract shall be void. This Contract is further contingent upon
the availability of funds to the School Land Board and designation of such funds
for the purposes stated in this agreement as decided in its sole discretion and
authority that not only are the funds available but in their sole discretion, the
funds required to close this transaction are designated for the purpose indicated
in this agreement.
EXECUTED in multiple counterparts by the Seller and Buyer on the dates set forth
below. The later date is the Effective Date of this Contract.
SELLER:
The State of Texas for use and benefit
Of the Texas Department of Mental
Health and Mental Retardation
By
Karen F. Hale, Commissioner
Date
SELLER: School Land Board for use and
Benefit of Permanent School Fund by
Commissioner of the General Land Office
Chairman of School Land Board
Witness my hand and seal of Office:
By
Jerry E. Patterson
Commissioner, General Land Office
Chairman, School Land Board
Date
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BUYER:
City of Denton, Texas
By
Title
Date
State of Texas
County of Travis
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Before me the undersigned authority on this day personally appeared Karen F.
Hale, Commissioner of the Texas Department of Mental Health and Mental
Retardation, known to me to be the person whose name is subscribed hereto and
after being duly sworn, acknowledged that she executed the above document for the
purposes and consideration therein stated and for the purpose therein stated and as
the act and deed of the Texas Department of Mental Health and Mental
Retardation.
Witness my hand and seal of office this the
.2003.
day of
Notary Public in and for
State of Texas
Printed Name of Notary
STATE OF TEXAS
County of Denton
My commission expires
Before me the undersigned authority on this day personally appeared
, 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 and as the act and deed of the City of Denton, Texas.
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Page 13 of 22
Witness my hand and seal of office this the day of
2003.
Notary Public in and for
State of Texas
Printed Name of Notary
My commission expires
SAOur Documents\Contracts\03\Denton State School Contract.DOC
07/17/03
Page 14 of 22
EXHIBIT A
PAGE 1 OF
iffi4i EMiPRON
fora 9.830acre tract
Out of the
M.E.P. & P. R.R. SurveyA-950
Denton County, Texas
BEING all that certain tract, parcel arfot of land out of the M.E.P. & P. RR SurveyA-950k the City of Denton, Denton County,
Texas that is a portion of that tract described by deed recorded in Volume 435 Page 12, Deed Records, Denton County, Texas,
and more particol8dy described as follows:
BEGINNING at a five inch woodpost found for corner at the northerly northwest coiner of the tract described by deed recorded
in Volume 435 Page 11, good Records of Denton County, Texas and the southwest corner of BRIARCL/ff ESTATES, an addition
to the City of Denton, Denton County, Texas according to the plat thereof recorded in Volume 6, Page 45, Plat Records of Denton
County, Texas- a found one-half inch iron rod found bears, NOW' E, 54.7 feet.- and a one-half inch iron rod found for the north
line of Brighton Drive hears N02"55'E 120.8 fast;
THENCE.- with the south line of BRIARCLIff ESTATES, N B9° 57'00'E- passing iron rods found at 71.1 feet; at 460.2 feet,
0.5 /aft of line,- at 720.2 feet; at 785.1 feet,- at 849.9 feet,- at 1220.7 feet,- a 5" wood fence post found for a reentrant corner at
1309.9 feet; in all a distance of 1309.87 feet to a five inch wood post found for a corner for the southeast corner of
BRIARCUff ESTATES;
THENCE.- S 02a 36'50"W, a distance of 474.13 feet to a point for a corner,,
THENCE. 3 89° 57000 W a distance of 37.52 feet to a five-eights inch iron rod set for to the beginning of a tangent curve to
the right having a central angle of 16a 13'27"and a radius of 914.93 feet;
THENCE.- with the said cur ve, an are distance of 259.08 feet to a five-eights inch iron rod set for the and of said curve;
THENCE.- N 73° 49'330 W,- passing a fence line angle point at 131.8 feet, 81,0left of line; passing a fence line angle point at
410 feet, 8/.0left of fine; in all, a distance of 810.26 feet to the beginning of a tangent cur ve to the right having a central Wyk
of 27° 41'54"and a radius of 532.96 foot
THENCE. with the said curve, an are distance of 257.65 feet to a five-eights inch iron rod set for corner in the northern west line
of the tract described by deed recorded in volume 435 Page 12, Deed Records, Denton County, Texas, from which a ano-haff inch
iron rod found bears S 02° 42' W, 77B.2 feet,- a found 5" wood fence post found for a re-entrant corner bears S 02° 46' W,
777.0 feet
THENCE.- with the west line of the said tract, N 01 a46' 12"E, a distance of 83.44 feet to the place of beginning and containing
9.830 acres of land more or less as surveyed byiohn nallir rpls #1970 during the month of January & l~'.bwrary 3.
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EXHIBIT A
PAGE 2 OF 2
LEGAL DESCRIPTION
Fora 1.135 acra tract
Out of the
M.E.P. & P. R.R. SurveyA-950
Denton County, Texas
BEINGall that certain tact, parcel orlot of land out of the M.E.P. & P. RR SurveyA-9501o the City of Denton, Denton County,
Texas that is a portion of that tract described by deed recorded in Volume 435 Page 12, Deed Records, Denton County; Texas,
and more partfcular/y described as follows:
COMMENCING at a five inch wood post found for corner at the northerly northwest corner of the tract described by deed
recorded fn Volume 435 Page 12, Deed Records of Denton County, Texas and the southwest corner of MARCUfFESTA TES, an
addition to the City of Denton, Denton County, Texas according to the plat thervofrecordedin Volume 6, Page 45 Plat Records of
Denton County, Taxes, a found one-half inch iron rod found bears, N02 37'E, 547feet.• and a one-half inch iron rod found far the
north line ofBrIghton Drive bears N 02W WE 120.8 feet,.,
THENCE.- with the south line of BR/ARCLIFF ESTATES, N 89° 5700"E,- passing iron rods found at 71.1 feet; at 480.2 feet,
0 5left of line, at 720.2 feet; at 785.1 feet; at 849.9 feet; at 1220.7 feet; a 5" wood fence post found for a m-entrant coiner at
1309.9 feet,., in a//a distance of 1414.27faet to a five-eights inch iron rod set fora corner fn the east line of the tract desadbedby
deedrecoided in Volume 435, Page 12, Dead Records of Denton County, Texas, for the POINT OFBEGINNING.-
THENCE: with the east fine of the said tract, S 02* 36'500 W, a distance of 474.53 feet to a five-eights inch iron rod set for a
corner; from which a ofd one-haffinch iron rod found bears S 02a 16'50"W, 2516.2 feet,
THENCE.- leaving the said east line, S 89° 57 00" W,- passing the centedfne of State School Road at 28 feet; passing a wire
fence at 103 feet; in alla distance of 104.38 feet to a point fora corner,
THENCE ; N 01 ° 38' 50" E, a distance of 474.13 feet to a 5" wood post found for the southeast corner of MIARCLIFF
ESTATES;
THENCE: with the said addition line, N 89° 57'00'& a distance of 104.40 feet to the place of beginning and containing 1.135
acres of land more at less as suiveyedbyiohn nallirrpls 111970 during the month of January & february2003.
S'19WeyVWWJAWkdcd0c
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EXHIBIT B
PAGE I OF 2
4GA! EEi'£fiYPMW
fora 2.497 acre tract
Out of the
M.E.P. & P. R.R. Surveyll-950
Denton County, Texas
BEING all that certain tract, parcel or hot of land out of the M.E.P. & P. BR Survey A-950 fn the City of Denton, Denton County, Texas that is a
portion of that tract described by deed recorded or Uotume 435, Page 12, Deed Records, Denton County, Texas, and more particakay described as
follows:
COMMENCING at a rive inch wood post found for corner at the northady northwest comer of the tract described by deed recorded in Volume 435
Page 12, Dead Records of Denton County, Texas and the southwest comer of BRIARCLIFF ESTATES, an addition to the City of Denton, Dentan
County, Texas according to the plat thereof recorded in Volume 6, Page 45, Plat Records of Denton County, Texas, a found one-hall inch iron rod
foundbeets, N02 '374 94.7feet: and a one-half inch iron rod found for thenorth line ofBiightanDrive bears N02°55'1, 110.8 feet,
THENCE.- with the westiine of the said tract, S 02-46'120 W a distance of8344 feet to the POINTOFSEGINNING.•
THENCE.: with a curve to the left, having a central ar yie of 27°4154" and a radius of 532.96 feet, an arc distance of 257.55 feet; and whose
centerbearsN 43 052'21'E;
THENCE., S 73 "49' 33" E, a distance of 810.28 feet to a fimehghis inch iron rod set for comer in the beginning of a tangent curve to the left
having a central angle of 16 ° 13'27"and a radius of 914.93 feet
THENCE.. with the said curve, an arc distance of259.08feet to a five-eights inch ironrodset for the end of the said curve,,
THENCE.- N 89°57 00"E, a distance of 37.52 feet to a five-eights inch iron rod set for a corner,
THENCE.: S 02'36'50"W, a distance of 80.09 feet to a five eights inch iron rod set fora corner,
THENCE., S BOO 5700' W, 33.80 feet to a five-eights inch iron rod set for the beginning of a tangent curve to the right having a cenfral eight of
16° 13'278,7d a radius of 994.93 feet,
THENCE.: with the said curve, an arc distance of 281.73 feet to a rive-eights inch iron rod set far the end of said curve,.,
THENCE., N730 49' 33' W,• passing a fence line angle paint at 131.8 feet, 1.0 heft Ofiine,- passing a fence One angle point at 410 feet, 1.Oleft of
hfnel hn a/f, a distance of 810.26 feet to the begfnning of a tangent curve to the tight having a centm/ang/a of 13° 58' 49"and a radios of 612.96
feet,
THENCE.: with the said curve, an are distance of 149.56 feet to a five-eights inch iron rod set for comer,
THENCE.: S30 009'16" W, a distance of 148.79 feet to a five-eights inch iron rod set for a corner in the northern west fine of the tract described by
deed recorded fn Volume 435, Page 12, Deed Records, Denton County, Texas,: from which a ano-half hnch iron rod found bears S O2° 41'W, 678S
feet,: a found 5" woad fence past inund fora re-entrant carnerbears S 01 ° 46'W, 675.6laot,
THENCE.., with the west line of the said tract, N 01 °46' 11"E, a distance of 274.78 feet to the place
land more arless as surveyed byjohn nail jr rpls #1970 during the month ofJanu try & February 2003.
S-1rravayUn V#Awwl.eve "Dedicated to Quality Service"
a .cityofidenton.cvm
of
EXHIBIT B
PAGE 2 OF 2
LEGAL DESCRIPTION
fora 0.192 acre tract
Out of the
M.E.P. & P. R.R. SurveyA-950
Denton County, Texas
BEING all that certain tract, parcel at lot of land out of the REP. &P. RR SurveyA-950 in the City OfDentan, Deotan County,
Texas that is a portion of that tract described by deed recorded in Volume 435, Page 11, Deed Records, Denton County, Texas,
and more particularly described as follows.-
COMMENCING at a five inch wood post found for comer at the northerly northwest corner of the tract described by deed
recorded in Volume 435 Page 12, Deed Records of Denton County, Texas and the southwest comer ofBRIARCLIff ESTATES, an
addition to the City Of Benton, Denton County, Texas according to the plat thereof recorded w Volume 6, Page 45, Plat Records of
Denton County, Texas, a found one-half inch ann rod found bears N02177, 54 7feet.• and a one half inch Iron rod found for the
north line of Brighton Drive bears N02.55'E, 120.8 feet,-
THENCE. with the south fine of BRIARCLIff ESTATES, N 89° 57 00'E; passing iron rods found at 71.1 feet,- at 460.2 feet,
851eft of line, at 720.2 feet, at 785.1 feet,- at 849.9 feet; at 12207-feet; a So wood fence post found for a m-entrant comer at
1309.9 feet; in all a distance of 1414.17feet to a five-eights inch Tian rod set fora corner in the east line of the tract described by
deedfecorded in Volume 435 Page 12, Deed Records of Denton County, Texas;
THENCE.- with the east fine of the said tract, S 02a 36' 50'W, a distance of 434.53 feet to a five-eights inch iron rod set fora
comer; for the POINT OPBEGINNING.- from which a old one-half Inch iron rod found bears S 01 ° 26'50"W 2516.2 feet;
THENCE.- continuing with the east line of the said tract, S 02a 38'50' W a distance of 80.09 feet to a rive-eights inch iron rod
set fora comer;
THENCE.- leaving the said east line, S89* 5700" W,- passing the centerline of State School Road at 28 feet passing a wire
fence at 103 feet; in a8a distance of 104.38 feet to a point fora corner;
THENCE: N 02° 38'59'E , a distance of 80.09 feet to a point for a comer,
THENCE: with the said addition line, N 89° 57 60"E, a distance of 104.38 feet to the place of beginning and containing 0.192
acres of land more or less as surveyed byjohn nall jr rpls 111970 during the month of January & February 2003.
SV"fiYV4/V*Mwindrd0c
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EXHIBIT "C"
DEED WITHOUT WARRANTY
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL BY THESE PRESENTS
That the STATE OF TEXAS, on behalf of the PERMANENT SCHOOL FUND, by
and through JERRY E. PATTERSON, Commissioner of the General Land Office of
Texas and Chairman of the School Land Board, as GRANTOR, by virtue of the
authority vested in it by the terns of the TEXAS NATURAL RESOURCES CODE
ANNOTATED Section 51.052(h), for and in consideration of Four-Hundred and
Nine Thousand and No/100 Dollars ($409,000.00) the receipt and sufficiency of
which is hereby acknowledged, has GRANTED, BARGAINED, SOLD, and
CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and
CONVEY unto the CITY OF DENTON, TEXAS whose mailing address is City of
Denton, City Hall East 601 E. Hickory, Suite B, Denton, Texas 76205 the following
described Permanent School Fund Land in the City of Denton, Denton County,
Texas to-wit: (the "Property")
Tract One. A parcel of land not to exceed 10.965 acres out of an being a part of
that 201.38 acres of land deeded to the State of Texas by Alfred F. Sellmeyer and
wife Barbara F. Sellmeyer as shown by that deed recorded in Volume 435 Page
12 Real Property Records of Denton County, Texas, said 10.965 acres situated in
the City of Denton, County, Texas described as shown in Exhibit "A" attached
hereto and made a part hereof to which reference is made for further
description. Approximately 1.135 acres of Tract One lies within State School
Road right-of-way.
Tract Two. A parcel of land not to exceed 2.689 acres out of an being a part of
that 201.38 acres of land deeded to the State of Texas by Alfred F. Sellmeyer and
wife Barbara F. Sellmeyer as shown by that deed recorded in Volume 435 Page
12 Real Property Records of Denton County, Texas, said 2.689 acres situated in
the City of Denton, County, Texas described as shown in Exhibit "B" attached
hereto and made a part hereof to which reference is made for further
description. Approximately 0.192 acres of Tract Two lies within State School
Road right-of-way.
TO HAVE AND TO HOLD the above-described premises, together with all and
singular the rights, improvements and appurtenances thereto in anywise belonging
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Page 17 of 22
unto the said Grantee, its successors and assigns, provided however, that all oil, gas
and other minerals, mineral rights, royalty interests and development rights are
reserved to State of Texas for use and benefit of TEXAS DEPARTMENT OF
MENTAL HEALTH AND MENTAL RETARDATION, except however, use of the
surface for drilling purposes is prohibited and harvesting or developing the reserved
interests shall be off site drilling to explore for, drill and harvest the minerals
reserved.
This conveyance is made subject to all covenants, conditions, reservations, restrictions,
rights of way, easements, and leases, if any, that are valid, in existence, and of record or
created by this deed. Specifically the Property conveyed by this deed is subject to the
following covenants and restrictions:
1. Easement for right of way granted to City of Denton, by Denton State
School, by instrument dated June 20, 1985, filed March 26, 1986, recorded
in Volume 1848, Page 720, of the Deed Records of Denton County, Texas
2. Easement for right of way granted to City of Denton, by Texas
Department of Mental Health and Mental Retardation, by instrument dated
August 18, 1998, filed September 1, 1998, recorded in Volume 4166, Page
215, of the Deed Records of Denton County, Texas.
3. Easement for right of way granted to GTE Southwest Incorporated, by
State of Texas, Texas Dept. of Mental Health and Mental Retardation, by
instrument dated April 12, 1990, filed April 17, 1990, recorded in Volume
2765, Page 151, of the Deed Records of Denton County, Texas.
4. Easement for reuse water granted to City of Denton by Denton State
School by and through the Texas Department of Mental Health and
Mental Retardation, by instrument dated June 24, 2002, filed January 21,
2003, filed January 21, 2003, recorded in Volume 5255, Page 1970 of the
Deed Records of Denton County, Texas.
5. Easement for public utility granted to City of Denton by Denton State
School, by and through the Texas Department of Mental Health and
Mental Retardation by instrument dated June 24, 2002, filed January 21,
2003, recorded in Volume 5255, Page 1962 of the Deed Records of
Denton County, Texas.
6. Any portion of subject property lying within the right of way of any road,
public or private.
Rights of tenants in possession, as tenants only, under any unrecorded
leases or rental agreements
8. The TDMHMR is a state agency with the mission to include the
promotion of a healthy and safe environment for its employees, consumers
SA0ur Documents\Contmcts\03\Denton State School Cont act.DOC
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Page 18 of 22
and visitors to the TDMHMR facilities. and the protection of the future
value and use of adjoining TDMHMR properties. The following
restrictions as to use of the tracts or any part thereof, conveyed hereby
shall be restrictions that constitute a covenant running with the land and
for the benefit of the TDMHMR. The Grantor reserves and retains the
right to enforce the restrictions in any manner provided by law. These
restrictions can be modified, abolished or changed only with the written
permission of the TDMHMR.
a. The property shall not be used for any purpose that constitutes a
common law nuisance to include but not limited to offensive
odors, dust, litter, noise or sounds which are materially
objectionable to reasonable people, or which creates unreasonable
risk of fire, explosion or other hazards of damage to property or
persons.
b. No establishments such as taverns, bars, liquor stores or other
establishments that derives more than fifty (50%) percent of its
monthly gross receipts from the sale of alcoholic beverages shall
be permitted on the property.
C. No establishments selling paraphernalia for use with illegal drugs
shall be permitted on the property.
d. No tattoo shop, massage parlor, sexually oriented or adult only
business, including bookstore or video store renting, selling or
exhibiting pornographic materials.
e. No shooting ranges or establishments that sell guns, ammunitions
or other goods associated with firearms shall be permitted on the
property.
f. No junkyard, stockyard, scrap yard or salvage yard shall be
permitted on the property.
g. No automobile, truck, trailer or recreational vehicle sales, leasing,
display or repair facility shall be permitted on the property.
h. No wholesale warehouse or storage facility, including storage units
shall be permitted on the property.
9. A gas line easement 10 feet on each side of the center of the existing gas
line servicing the Denton State School which easement is to be specified
in detail on the survey plat of the property herein conveyed to which plat
reference is made. .
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Page 19 of 22
10. A temporary construction and grading easement in favor of the City of
Denton for the purpose of reconfiguration by the City of the floodplain
area to replace the storm water flow capacity that will be lost due to
construction of the proposed road.
THIS DEED IS MADE AND ACCEPTED WITHOUT ANY WARRANTIES
WHATSOEVER, EXPRESS OR IMPLIED, SPECIFICALLY INCLUDING BUT
NOT LIMITED TO ANY WARRANTY THAT MIGHT ARISE BY COMMON
LAW OR BY THE PROVISIONS OF SECTION 5.023, TEXAS PROPERTY
CODE, AS NOW WRITTEN OR HEREINAFTER AMENDED.
Witness my hand and seal of office this the day of 2003..
The STATE OF TEXAS on behalf of the PERMANENT SCHOOL FUND
by:
JERRY E. PATTERSON, COMMISSIONER
TEXAS GENERAL LAND OFFICE and
CHAIRMAN OF THE SCHOOL LAND
BOARD
This deed with all its terms and provisions is hereby accepted.
CITY OF DENTON, TEXAS
By:
Title
Date:
APPROVED:
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Page 20 of 22
EXHIBIT "D"
EXCEPTIONS TO
DEED WITHOUT WARRANTY
FROM STATE OF TEXAS TO CITY OF DENTON
To be Attached as Exhibit "C" to Deed Without Warranty
EXCEPTIONS
This conveyance is made subject to all covenants, conditions, reservations, restrictions,
rights of way, easements, and leases, if any, that are valid, in existence, and of record or
created by this deed. Specifically, the Property conveyed by this deed is subject to the
following covenants, easements and exceptions:
9. Easement for right of way granted to City of Denton, by Denton State
School, by instrument dated June 20, 1985, filed March 26, 1986, recorded
in Volume 1848, Page 720, of the Deed Records of Denton County, Texas
10. Easement for right of way granted to City of Denton, by Texas
Department of Mental Health and Mental Retardation, by instrument dated
August 18, 1998, filed September 1, 1998, recorded in Volume 4166, Page
215, of the Deed Records of Denton County, Texas.
11. Easement for right of way granted to GTE Southwest Incorporated, by
State of Texas, Texas Dept. of Mental Health and Mental Retardation, by
instrument dated April 12, 1990, filed April 17, 1990, recorded in Volume
2765, Page 151, of the Deed Records of Denton County, Texas.
12. Easement for reuse water granted to City of Denton by Denton State
School by and through the Texas Department of Mental Health and
Mental Retardation, by instrument dated June 24, 2002, filed January 21,
2003, filed January 21, 2003, recorded in Volume 5255, Page 1970 of the
Deed Records of Denton County, Texas.
13. Easement for public utility granted to City of Denton by Denton State
School, by and through the Texas Department of Mental Health and
Mental Retardation by instrument dated June 24, 2002, filed January 21,
2003, recorded in Volume 5255, Page 1962 of the Deed Records of
Denton County, Texas.
14. Any portion of subject property lying within the right of way of any road,
public or private.
15. Rights of tenants in possession, as tenants only, under any unrecorded
leases or rental agreements
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Page 21 of 22
EXHIBIT "E"
RESTRICTIONS TO
DEED WITHOUT WARRANTY
FROM STATE OF TEXAS TO CITY OF DENTON
To be attached as Exhibit "D" to Deed Without Warranty
The TDMHMR is a state agency with the mission to include the promotion of a healthy
and safe environment for its employees, consumers and visitors to the TDMHMR
facilities. and the protection of the future value and use of adjoining TDMHMR
properties. The following restrictions as to use of the tracts or any part thereof, conveyed
hereby shall be restrictions that constitute a covenant running with the land and for the
benefit of the TDMHMR. The Grantor reserves and retains the right to enforce the
restrictions in any manner provided by law. These restrictions can be modified, abolished
or changed only with the written permission of the TDMHMR.
1. The property shall not be used for any purpose that constitutes a common law
nuisance to include but not limited to offensive odors, dust, litter, noise or sounds
which are materially objectionable to reasonable people, or which creates
unreasonable risk of fire, explosion or other hazards of damage to property or
persons.
2. No establishments such as taverns, bars, liquor stores or other establishments that
derives more than fifty (50%) percent of its monthly gross receipts from the sale
of alcoholic beverages shall be permitted on the property.
3. No establishments selling paraphernalia for use with illegal drugs shall be
permitted on the property.
4. No tattoo shop, massage parlor, sexually oriented or adult only business,
including bookstore or video store renting, selling or exhibiting pornographic
materials.
5. No shooting ranges or establishments that sell guns, ammunitions or other goods
associated with firearms shall be permitted on the property.
6. No junkyard, stockyard, scrap yard or salvage yard shall be permitted on the
property.
7. No automobile, truck, trailer or recreational vehicle sales, leasing, display or
repair facility shall be permitted on the property.
8. No wholesale warehouse or storage facility, including storage units shall be
permitted on the property.
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Page 22 of 22
,
Aq~O -
TEMPORARY ACCESS AND GRADING EASEMENT
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That the Texas Department of Mental Health and Mental Retardation,
(TDMHMR), Denton County, Texas in consideration of the sum of Ten
dollars ($10.00) and no cents and other good and valuable
consideration in hand paid by the City of Denton, Texas, receipt of
which is hereby acknowledged, do by these presents grant, unto the
City of Denton the temporary free and uninterrupted use, liberty
and privilege of passage in, along, upon and across the following
described property, owned by it, situated in Denton County, Texas
in the M.E.P. 6 P.R.R. Survey A-950, Denton Texas for the limited
purpose of making floodplain improvements to be installed
concurrently with the adjacent roadway improvements.
ALL, that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas in the
M.E,.P. 6 P.R.R. Survey A-950, and also being part of the tract as
described by deed recorded in Volume 435, Page 12,of the-Deed
Records, Denton County, Texas and being more particularly described
as follows:
Being that certain 3.549 acre strip or tract of land shown as
temporary construction easement on that boundary survey of
four tracts in the M.E.P S P.R.R. Co. Survey, Abst. No. 950
City of Denton Denton County, Texas more particularly
described on Exhibit "A" incorporated herein, which reference
is made for a particular, more precise description of the
temporary construction easement tract subject of this
temporary access and grading easement
And:it is further agreed that the said City of Denton, Texas in
consideration of the benefits above set out, will remove from the
property above described, such fences, buildings and other
obstructions as may be now be found upon said property.
SCANNED
r
The City of Denton, 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 grading
activities on said premises. The City of Denton shall place spoil
from the proposed grading area in areas stipulated by grantor
within the easement or upon its adjacent property. The City of
Denton shall dump and rough grade, and re-seed the spoil and
excavated areas. All finish grading will be at the discretion of
grantor. The terms of this grant shall expire 36 months from the
date of execution or upon completion of the improvements, whichever
occurs first.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as
aforesaid for the purposes aforesaid the premises above described.
i
2009. Witness my hand, this the 027t-" day of ' A.D.
GRANTOR:
State of Texas on behalf of
Texas Department of Mental Health
and Mental Retardation
By:
Karen F. Hale, Commissioner
Texas Department of Mental Health
and Mental Retardation
APPROVED:
STATE OF TEXAS §
COUNTY OF TRAVIS
Personally appeared before me this 9 day of r 6rv,r 2004 Karen F. Hale,
Commissioner, Texas Department of Mental Health and Mental Ret dation, and acknowledged that
she executed the above deed for the purposes and consideration therein expressed and in the capacity
therein stated.
Notary Public STEVEN R. CRADDOCK
MY COMMISBON OFM
My Commission Expires: y „ August 31, 2004
ACCEPTANCE BY GRANTEE:
Accepted this day of
the City of Denton, Texas (Resolution No.
BY:
Real Estate &
Capital Support Manager
2003 for
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BRIGHTON DRIVE
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EXHIBIT A
I I
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9.618 ACRES
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NOTES ADRESSlNG EASEMENTS:
Ew ment recorded in NWme 7648, Page 120, OR.OC. T. does not
.Alm( there tract,
Eoeemeat recaad*d n Wlume 4M6, Page 215, OROC. 1, lace not
oMKt thsx trocts.
t Ememenf recwden In 10lame SPSE Pogo 1910, URD. 11, aces not
gRect frMe tracts.
I
SURVEYORS CERTIFICATE
To the lien holders wd/or the ohms ar In. preT,.
to FldeBty National 0Ne Company OJ-6200166).
aces hereby cerG/y Mal Mis surly, xas that day done
of the property I"W'y described hereon and !s rect
best of my knpxletlge. that Mere w Nzidbalecrep
shortage, is area, Dovndwy nine cpn Blass, encroachmen
Of impro remenh, eeeenlentt or rights-ot-nay that I h
-d-ted of ereepf at Shawn hereon.
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V I SHEET
Denton County
Cynthia Mitchell
I~I~I~~I~I~II~II~II County Clerk
Denton, TX 76202
Instrument Number: 2004-158890
As
Recorded On: December 10, 2004 Easement
Parties: CAMPBELL WILLIAM R
To
Comment:
Examined and Charged as Follows:
Easement 28.00
Total Recording: 28.00
hQ5D.. ('031
Billable Pages: 8
Number of Pages: 8
1
t
1
(
i
i
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.
File Information: Record and Return To:
Document Number:
2004-158890
Receipt Number:
156308
CITY OF DENTON
Recorded bate/Time:
December 10, 2004 02:13P
ENGINEERING DEPARTMENT
601 EAST HICKORY SUITE B
User / Station:
B Gibbs - Cash Station 4
DENTON TX 76205
THE STATE OF TEXAS}
COUNTY OF DENTON } SCANNED
I hereby certify that this instrument was FILED In the File Number sequence on the dateltime
printed heron, and was duly RECORDED In the Official Records of Denton County, Texas.
(~Jutd.LL
County Clerk
Denton County, Texas
no-160- 1031
DRAINAGE EASEMENT F I L E COPY
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That the Texas Department of Mental Health and Mental Retardation,
(TDMHMR), Denton County, Texas in consideration of the sum of one dollar
($1.00) and no cents and other good and valuable consideration in hand paid by the
City of Denton, Texas, receipt of which is hereby acknowledged, do by these
presents grant, unto the City of Denton the free and uninterrupted use, liberty and
privilege of passage in, along, upon and across the following described property,
owned by it, situated in Denton County, Texas in the M.E.P. & P.R.R. Survey A-950,
Denton Texas for the purpose of drainage facilities to be installed concurrently with
the adjacent roadway improvements.
SEE ATTACHED EXHIBIT "Al, A2" AND EXHIBIT "B1, 132"
And it is further agreed that the City of Denton, Texas 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 constructing, reconstructing, installing, repairing, and
perpetually maintaining drainage facilities, in, along, upon and across said
premises, with the right and privilege at all times of the grantee herein, his or its
agents, employees, workmen and representatives having ingress, egress, and regress
in, along upon and across said premises for the purpose of making additions to,
improvements on and repairs to said drainage facilities or any part thereof.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the
purposes aforesaid the premises above described.
RECEIVED
JUL 2 7 2004
ASSET MANAGEMENT
Witness my hand, this the
By:_
day of , A.D. 2004.
. "
Name: 1lJ It t 1 ACUI~• CRrvt~P3El C
Title: =1JTE R l NI cc M 44 ( wloNE1Z
Accepted this ; day of 2004 for the City of Denton, Texas
(Resolution No. 91-073).
BY: i 1n /YI
Paul Williamson
Real Estate &
Capital Support
Manager
After Recording Return To:
City of Denton
Engineering Department
601 East Hickory
Suite #B
Denton, Texas 76205
Attention: Right of Way Division
2
ACKNOWLEDGMENT
STATE OF TEXAS }
COUNTY OF TRAVIS }
Personally appeared before me this day of ~J 2004 William R.
Campbell, Interim Commissioner, Texas Department of"Mental Health and Mental
Retardation, and acknowledged that he executed the same for the purposes and
consideration therein expressed and in the capacity therein stated.
Given under my hand and seal of office this I day of 2004
U" ax-~ W ; ~ L-e
NOTARY PUBLIC, STATE OF TEXAS
S' W. ~U-~ -e-~ k-2
PRINTED NAME OF NOTARY
My Commission Expires: id - 3- D,-
~^•~^=WMIELKE
EXHIBIT "A-I"
0.023 ACRE
DRAINAGE EASEMENT
BEING A 0.023 ACRE TRACT OF LAND SITUATED IN THE (M.E.P. & P.R.R. SURVEY,
ABSTRACT NO. 950, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND
BEING PART OF A TRACT OF LAND, CONVEYED TO THE STATE OF TEXAS BY
DEED RECORDED IN VOLUME 435, PAGE 12 RECORDS, DENTON COUNTY, TEXAS,
SAID 0.023 ACRE TRACT, WITH REFERENCE BEARING BEING THE SOUTH LINE OF
SECTION ONE, BRIER CLIFF ESTATES ADDITION, AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS AS RECORDED IN CABINET 6, PAGE 45, PLAT
RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING THE SOUTHEAST CORNER OF A CALLED 2.631 ACRE TRACT OF
LAND, CONVEYED AS TRACT TWO TO THE CITY OF DENTON BY DEED RECORDED
IN COUNTY CLERK'S FILE NO. 2004-56699, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS.
THENCE SOUTH 89 DEGREES 56 MINUTES 05 SECONDS WEST, ALONG THE SOUTH
LINE OF AFORESAID 2.631 ACRE TRACT, A DISTANCE OF 71.91 FEET TO THE POINT
OF BEGINNING;
THENCE OVER AND ACROSS AFORESAID STATE OF TEXAS TRACT THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 02 DEGREES 11 MINUTES 28 SECONDS WEST, A DISTANCE OF 50.83
FEET TO A POINT FOR CORNER;
NORTH 87 DEGREES 48 MINUTES 32 SECONDS WEST, A DISTANCE OF 20.00
FEET TO A POINT FOR CORNER;
NORTH 02 DEGREES l l MINUTES 28 SECONDS WEST, A DISTANCE OF 50.04
FEET TO A POINT FOR CORNER ON THE SOUTH LINE OF AFORESAID 2.631
ACRE TRACT OF LAND;
THENCE NORTH 89 DEGREES 56 MINUTES 05 SECONDS EAST, ALONG THE SOUTH
LINE OF AFORESAID 2.631 ACRE TRACT, A DISTANCE OF 20.02 FEET TO THE POINT
OF BEGINNING AND CONTAINING 0.023 ACRES OF LAND, MORE OR LESS.
D:%WWCOR W2198501b&ts"985EX09.Ea
49/200!
Page 3 of e
SCALE: V = 60'
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DISTANCE
LI
02'11'28 IN
R
50.83'
l2
N 87'4832 W
20.00'
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50.04'
_
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N 39-56-05- E
20.02
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2
V
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O
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CALLED 2.631 ACRES-TRACT TWO
CITY OF DENTON POINT OF POINT OF
C.C.# 2004-56699 BEGINNING
R. P. R. D. C.T. COMMENCING
L4
71.91
0.023
EXHIBIT
STATE OF TEXAS
(DENTON STATE SCHOOL)
VOLUME 435. PAGE 12
D.R.D.C.T.
Lg ,CVO
u
o~
Cyo
5
pG
P
8EFEREASERBEARING BEING IN' SU PAGE NAS.F SECTION ONE. OBRIER EHTON CUFF ESTTES TAiE ADDITION. AN ADDITION TO THE CITY OF DENTON. DENTON COUNTY, P~T DATE: 03,34,.. EXHIBIT B-1
Carter::Burgess
• w•
SHEET WAE: 1• 0.023 ACRE CARTER k BURGESS. INC.
DRIVE. rvE. MITE M
DRAWN Rn Ecc DRAINAGE EASEMENT 7150 RAULAS, TX 75247-4141
,I OUT Of INE 2 TX % 75 v520-A%]
W OF H ILF.P. A P.R.R. SURVEY, /.BSLMCi NO. 030 Q24) SIAT 635-0145
CNECR10 R: xA IN TNC CIiT Of OCNION, DENiOH COUNTY, 1L1A5
1.\SLD\UNICORN\02198501\GRA\DVG\1985EX09.DVG
EXHIBIT "A-2"
0.033 ACRE
DRAINAGE EASEMENT
BEING A 0.033 ACRE TRACT OF LAND SITUATED IN THE (M.E.P. & P.R.R. SURVEY,
ABSTRACT NO. 950, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND
BEING PART OF A TRACT OF LAND, CONVEYED TO THE STATE OF TEXAS BY
DEED RECORDED IN VOLUME 435, PAGE 12 RECORDS, DENTON COUNTY, TEXAS,
SAID 0.033 ACRE TRACT, WITH REFERENCE BEARING BEING THE SOUTH LINE OF
SECTION ONE, BRIER CLIFF ESTATES ADDITION, AN ADDITION TO THE CITY OF
DENTON, DENTON COUNTY, TEXAS AS RECORDED IN CABINET 6, PAGE 45, PLAT
RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING THE SOUTHEAST CORNER OF A CALLED 2.631 ACRE TRACT OF
LAND, CONVEYED AS TRACT TWO TO THE CITY OF DENTON BY DEED RECORDED
IN COUNTY CLERK'S FILE NO. 2004-56699, REAL PROPERTY RECORDS, DENTON
COUNTY. TEXAS.
THENCE ALONG THE SOUTH LINE OF AFORESAID 2.631 ACRE TRACT OF LAND THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 89 DEGREES 56 MINUTES 05 SECONDS WEST, A DISTANCE OF 138.17
FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT
CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 13 DEGREES 00
MINUTES 31 SECONDS, A RADIUS OF 994.93 FEET, AND A LONG CHORD
THAT BEARS NORTH 83 DEGREES 33 MINUTES 40 SECONDS WEST, A
DISTANCE OF 225.41 FEET;
ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 225.89
FEET, TO THE POINT OF BEGINNING;
THENCE OVER AND ACROSS AFORESAID STATE OF TEXAS TRACT THE
FOLLOWING COURSES AND DISTANCES:
SOUTH 16 DEGREES 09 MINUTES 32 SECONDS WEST, A DISTANCE OF 41.57
FEET TO A POINT FOR CORNER;
NORTH 73 DEGREES 50 MINUTES 28 SECONDS WEST, A DISTANCE OF 35.00
FEET TO A POINT FOR CORNER;
NORTH 16 DEGREES 09 MINUTES 32 SECONDS EAST, A DISTANCE OF 40.22
FEET TO A POINT FOR CORNER ON THE SOUTH LINE OF AFORESAID 2.631
ACRE TRACT AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT
HAVING A CENTRAL ANGLE OF 2 DEGREES 01 MINUTES 02 SECONDS, A
RADIUS OF 994.93 FEET, AND A LONG CHORD THAT BEARS SOUTH 76
DEGREES 02 MINUTES 53 SECONDS EAST, A DISTANCE OF 35.03 FEET;
THENCE ALONG SAID TANGENT CURVE TO THE RIGHT, AND ALONG THE SOUTH
LINE OF AFORESAID 2.631 ACRE TRACT; AN ARC DISTANCE OF 35.03 FEET, TO THE
POINT OF BEGINNING AND CONTAINING 0.033 ACRES OF LAND, MORE OR LESS.
D: SIdWNICORt 219850 Nd.W1995EX09.da
SRSROOa
P., 5 ofB
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