2002-056AN ORDINANCE ABANDONING AND VACATING THE RIGHT-OF-WAY OF
EDWARDS STREET BETWEEN AVENUE E AND AVENUE D AND VACATING THE
RIGHT-OF-WAY FOR THE PARTIAL ABANDONMENT AND REROUTING OF
CHESTNUT STREET BETWEEN AVENUE E AND AVENUE D TO ACCOMMODATE
THE CONSTRUCTION OF A NEW STUDENT RECREATION CENTER AT THE
UNIVERSITY OF NORTH TEXAS; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for the vacation and abandonment
of certain right-of-way from the underlying and abutting fee simple owner, the University of
North Texas ("UNT"); and
WHEREAS, the property to be abandoned is described in Exhibits "A" and "C" and
illustrated in Extfibits '~B" and "D", respectively, attached hereto and made a part hereof by
reference (the "Abandoned Right-of-Way"); and
WHEREAS, the Development Review Committee of the City of Denton, Texas reviewed
the requested abandonment of the Abandoned Right-of-Way and has recommended approval;
and
WHEREAS, the City Council of the City of Denton, Texas has determined that the
Abandoned Right-of-Way is no longer needed for public use; and
WHEREAS, the City and UNT have entered into an interlocal agreement which calls for
the conveyance to the City ~om UNT of certain other street right-of-way in exchange for the
City's abandonment of the Abandoned Right-of-Way; and
WHEREAS, because UNT is the underlying and abutting fee simple owner of
Abandoned Property, the conveyance of the City's interest in the Abandoned Property may be
for less than fair market value as provided for in §272.001(b) of the Texas Local Government
Code; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section 1. The Abandoned Property is hereby abandoned and all right, title and interest
of the City in and to the Abandoned Property is hereby quit claimed to the abutting owner, UNT,
subject to the rights of all utilities currently existing in the Abandoned Property to continue to
operate and maintain existing utility facilities in the Abandoned Property. The City Manager or
his designee is hereby authorized to execute on behalf of the City a quit claim deed to UNT to
further evidence this abandonment.
Section 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /~~LL~dayof t.~
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
BY: c.,- .... 2~
,2002.
C:\WINDOWS\TEMP\UNT Abandonment-Edwards.doc
Page 2
EXHIBIT A :':
CHESTNUT STREET ABANDONMENT
BLOCK 43, COLLEGE ADDITION
3,366 SQUARE FEET
PROPERTY DESCRIPTION
BEING o 3.366 square foot tract of land situated in the existing 50'
right of way of Chestnut Street, os dedicated to the City of Denton
in College Addition, on Addition to the City of Denton, os recorded by
plot in Volume 44, Page 600, Deed Records, Denton County, Texas,
and being more particularly described os follows:
BEGINNING at o 5/8" iron rod set for corner at the northeast corner of
Block 43 of said Addition. said corner also being ct the intersection of
the south line of sold Chestnut Street with the most westerly northwest
corner of Avenue D os abandoned by City Ordinance No. 76-47;
THENCE S89'51'20"W, o/cng said south line, o distance of 206.13 feet
to o 5/8" iron rod set for corner ct the beginning of o curve to the
left having o central angle of 20'57'47", o radius of 279.32 feet and o
chord bearing and distance of N79'12'55"E, I01.63 feet;
THENCE departing said south line and clang said curve to the left on
crc distance of 102,20 feet to o p.k. nail set for corner;
THENCE N89'51'20"E. parallel to said south line, o distance of 186.30
feet to o 5/8" iron rod set for corner at the intersection of said south
line with the northwest corner of Block ,~7 of the aforementioned
College Addition;
THENCE S76'3g'46"W, along said south line and along o north line of the
aforementioned Avenue D abandonment, o distance of 82.22 feet to the
POINT OF BEGINNING and containing 3,366 square feet of land, more or
less.
BASIS OF BEARINGS:
The bosls of bearings shown hereon is the south line of Chestnut Street, S89'51'20"W,
os shown on the Denton City Ordinance No. 76-47 recorded in Volume 4942, Pg. 2416,
Deed Records, Denton County, Texas.
BROCKETTE. DAVIS
D consultmg engineers
Civil & Structurol Engineering Surve~ng
4144 Centrol Expwy.,Suite 1100 Dollos,Texos 75204 (214)824-3647
Job No. C01015.401 Jonuory, 2002 Sheet 1 of 2
EXHIBIT B
CHESTNUT STREET ABANDONMENT
BLOCK 43, COLLEGE ADDITION
3,366 SQUARE FEET
SCALE
50' Right of Way
'CHESTNUT
N
R =
L =
CB=
Ch
W 206.15'
20'57'47"
279.52'
102.20'
N 79'12'55" E
= 101.65'
I---g BROCKETTE DAVIS .DRAKE , inc.
Dg_.)consulting engineers
Civil & Structurol Engineering Surveying
4144 Centrol Expwy.,Suite 1100
Job No. C01015.401
CHESTNUT
STREET
80' R.O.W.
5/a"~RS
Dollos,Texos 7520~, (214)824-.3647
Jonuory, 2002 Sheet 2 of 2
89'51'20"E ?86.30'
R.O.W.
Abandoned
by Ordinance
No. 76-47
V. 4942,~~
EXHIBIT C
EDWARDS STREET ABANDONMENT
BLOCK 43, COLLEGE ADDITION
26,988 SQUARE FEET
PROPERTY DESCRIPTION
BEING o 26,988 square foot tract of land situated in _the E. Pucholski Survey,
Abstract No. 996, in the City and County of Denton, State of Texas, and being
o port of Block 45, College Addition, and being more particularly described os
follows:
BEGINNING ct o 3/8" iron rod found for corner in the south line of Edwards
Street (45" R.O.W.) ct its intersection with the west line of Avenue D (80' R.O.W.)
os shown on the Mop of said College Addition;
THENCE NBg'55'52"W, clang said south line of Edwards Street, o distance of 599.73
feet to o 5/8" iron ~'od set for corner ct the intersection of said south line with
the east line of Avenue E (50' R.O.W.):
THENCE NOO'O8'IB"E, deporting said south line end clang said east line of Avenue E,
o distance of 45.00 feet to o 5/8" iron rod set for corner ct the intersection of
said east line with the north line of said Edwards Street;
THENCE S89'55'52"E, departing said east line and along the said north line of Edwards
Street, o distance of 599.73 feet to o 5/8" iron rod set for corner in the afore-
mentioned west line of Avenue D;
THENCE S00'08'18"W, departing said north line and along the said west line of Avenue
D, o distance of 45.00 feet to the POINT OF BEGINNING and contolning 26,988
square feet or 0.6196 acres of land, more or less.
BASIS OF BEARINGS:
The basis of bearings shown hereon is the south line of Edwards Street, N89'55'52"W,
os shown on the Warranty Deed recorded in Volume 2049, Page 396, Deed Records,
Denton County, Texas. .~.
fi-3 BROCKETTE. DAVIS pRAKE , ,nc. / '~ ?~..~.s.s..~'~,~_.~
E::)[~:) con sul bng engineers ~
Civil & Structural Engineering Surveying
414-4 Centrol Expwy.,Sulte 1100 Dollos,'l'exos 75204. (214)824-564-?
Job No. 601015.4.01 October, 2001 Sheet 1 of 2
EXHIBIT D
SCALE '1~'100
EDWARDS STREET ABANDONMENT
BLOCK 43, COLLEGE ADDITION
26,988 SQUARE FEET
AVENUE E
"X"FOUND
5!,0'
d
5/8 "IRS 5/8
N 00'08'18" E
caLLgo¢
POINT OF BEGINNING
26,988 SQUARE FEET
STREET ABANDONMENT
0~O~
~5
50' R.O.W.
3/e"~RF
AVENUE D
80' R.O.W.
4144 Central Expwy.,Suite 1100
Job No. C01015.401
<
>-
E, LOCY'
43
F~3 BROCKETTE DAVIS pRAKE , inc.
DF-~consultin9 engineers
Civil & Structural Engineering Surveying
Dallas,Texas 7,5204 (214)824-3647
October, 2001 Sheet 2 of 2
INTERLOCAL AGREEMENT
TillS AGREEMENT is entered into effective as of the date set forth below by and
between the City of Denton, Texas, a home rule municipal coq>oration (the "City") and the
University of North Texas ("UNT").
WHEREAS, the City and UNT desire to enter into an Interlocal Agreement for the
exchange of land for use as right-of-way, pursuant to §791.028 of the Texas Government Code,
§272.001 of the Texas Local Government Code, and §2-127 of the Denton Code of Ordinances;
and
WHEREAS, UNT has a construction project to build a new student recreation center
located between West Sycamore Street, Chestnut Street, North Texas Boulevard (formerly
known as Avenue E), and Avenue D that requires the abandonment of a portion of Edwards
Street and a partial abandonment of Chestnut Street as described in Exhibits "A" and "C" and
illustrated on Exhibit "B" and "D", respectively, which exhibits are attached hereto and made a
part hereof by reference (the "Abandoned Property"); and
WHEREAS, the new recreation center will benefit both LINT and the citizens of the City
of Denton; and
WHEREAS, the right-of-way to be conveyed by LINT to the City in exchange for the
Abandoned Right-of-Way is described in Exhibits "E", "G" and 'T' and illustrated in Exhibits
"F", "H" and "J" ", respectively, which exhibits are attached hereto and made a part hereof by
reference (the "Exchange Property" or "Exchange Right-of-Way"); and
WHEREAS, both City and UNT agree that the Exchange Property equals or,exceeds the
fair market value of the Abandoned Property; and
WHEREAS, because UNT is the underlying and abutting fee simple owner of Abandoned
Property, the conveyance of the City's interest in the Abandoned Property may be for less than
fair market value as provided for in §272.001(b) of the Texas Local Government Code;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein
the City and UNT hereby agree as follows:
1. The City shall abandon the Abandoned Property and quit claim its interests
therein to UNT subject to the rights of all utilities currently existing in the Abandoned Property
to continue to operate and maintain existing utility facilities in the Abandoned Property (the
"City's Abandonment and Quit Claim"). In exchange for the City's Abandonment and Quit
Claim, UNT shall convey the Exchange Property to the City by right-of-way deed or deeds in
substantially the form of the Street Right-of-Way Deed attached hereto and made a part hereof by
reference as Exhibit "K" (UNT's Conveyance").
2. If LrNT's Conveyance is not made within six months of the City's Abandonment
and Quit Claim LINT shall be in breach of this Agreement. In such case the City may either
enforce specific performance of this Agreement or obtain liquidated damages from UNT in the
amount of $91,000.00. The parties agree that the liquidated damages represents the fair market
value of the City's Abandonment and Quit Claim.
3. The City Council of the City and the Board of Regents of UNT have duly
authorized this Agreement and the execution of same by the officers or agents who have signed
below on their behalf.
the
~/~itness Wheregf, ,this Agreement has been executed by the parties to be effective this
day of',?~F2-'~'~ 2002.
CITY OF DENTON
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
UNIVERSITY OF NORTH TEXAS
FREDERICK R. POLE, VICE PRESIDENT
FOR ADMINISTRATIVE SERVICES
APPROVED AS TO FORM
BY:
S:\CONTRACT~Administmtive Contmcts~StudentRecCentcr\UNT [nterloeal A~reement-020602¢lean.doe&~,G{hN:l~AG:2C, dmi~stra[Ne
Page 2
EXHIBIT
CHESTNUT STREET ABANDONMENT
BLOCK 43, COLLEGE ADDITION
3,366 SQUARE FEET
PROPERTY DESCRIP~ON
BEING o 5,368 square faot tract of land sltuoted in the existing 50'
right of way of Chestnut Street, os dedicated to the City of Denton
in College Addition, on Addition to the City of Denton, os recorded by
plat in Volume 44, Page 600, Deed Records, Denton County, Texas,
and being more particularly described os follows:
BEGINNING at o 5/8" iron rod set for corner at the northeast corner of
Block 45 of said Addition, said corner also being ct the intersection of
the south line of sold Chestnut Street with the most westerly northwest
corner of Avenue D os abandoned by City Ordinance No. 76-47;
THENCE S89"..51'20"W, clang said south line, a distance of 206.13 feet
to o 5/8" iron rod set for corner ct the beginning of o curve to the
left having o central angle of 20"57'47", a radius of 279..32 feet and o
chord bearing and distance of N79'12'55"E, 101.63 feet;
THENCE departing sold south line and along said curve to the left on
crc distance of 102.20 feet to a p.k. nail set for corner;
THENCE N89'51'20"E, parallel to said south line, o distance of 186.30
feet to a 5/8" iron rod set for corner at the intersection of said south
llne with the northwest corner of Block 37 of the aforementioned
College Addition;
THENCE S76"39'46"W, along said south line and along o north line, of the
aforementioned Avenue O abandonment, a distance of 82.22 feet to the
POINT OF BEGINNING and containing 5,366 square (eel of land, more or
less.
BASTS OF BEARINGS:
The basis of bearings shown hereon is the south tine of Chestnut Street, S89"51'20"W,
os shown on the Denton City Ordinance No. 76-47 recorded in Volume 4942, Pg. 2416,
Deed Records, Denton County, Texas.
Ez:: Dconsult ng engineers '
Civil & Structural Engineering Surveying
4144 Central Expw¥.,Sulte 1100 Dallas,Texas 75204 (214)824-3647
Job No. 001015.401 gofluory, 2002 Sheet 1 of 2
EXHIBIT B
CHESTNUT STREET ABANDONMENT
BLOCK 43, COLLEGE ADDITION
3,366 SQUARE FEET
SCALE 1'--50'
50' Right
of Way
CHESTNUT
$ 89'~,'20"
svod' :
L =
CB=
Ch
CHESTNUT
STREET
80' R.O.W.
N 89'51'20" E 186.50'
P.O. Bx~
W 206.13' ~1¢¢ .
20'57'47" ~'~ ~
279.52' R.O.W.
102.20' ASondoned
N 79'12'55" £ by Oral[nonce
= 101.65'
No. 76-47
V. 4942,~
~ BROCKETTE DAVIS
ffm~k~ , Inc, ~ ~U~
~consulUn9 engineers
Civil & Structurol Engineering Surve~ng
4144 Centrol Expwy.,Sulte 1100 Dolles,Texos 7.5204 (214)824-5647
Job No. C01015.401 Jenuory, 2002 Sheet 2 of 2
5/8"~RS
EXHIBIT C
EDWARDS STREET ABANDONMENT
BLOCK 43, COLLEGE ADDITION
26,988 SQUARE FEET
PROPERTY DESCRIPTION
BEING o 26,988 square foot tract of land situated in the E. Puchalski Survey,
Abstract No. 996, in the City and County of Denton, State of Texas, and being
o port of Bloc~< 43, College Addition, and being more particularly described os
follows:
BEGINNING at o $/8" iron rod found for corner in the south line of Edwards
Street (45' R.O.W.) at its intersection with the west line of Avenue D (80' R.O,W.)
os shown on the Mop of said College Addition;
THENCE NSg'55'52"W, along said south line of Edwards Street, o distance of ,.599.73
feet to o 5/8" iron rod set for corner at the intersection of said south line with
the east llne of Avenue E (50' R.O.W.);
THENCE NOO'O8'I8"E, deporting said south line and along said eosl line of Avenue
o distance of 45.00 feet to o 5/8" iron rod set for corner at the intersection of
said east line with the north line of said Edwards Street:
THENCE S89'55'52"E, departing said east line and along the said north line of Edwards
Street, o distance of 599.73 feet to o 5/8" iron rod set for corner in the afore-
mentioned west llne of Avenue D;
THENCE S00'08'18"W, departing said north line and along the said west line of Avenue
D, o distance of 45.00 feet to the POINT OF BEGINNING and containing 26,988
square feet or 0. Clg6 acres of land, more or less.
BASIS OF BEARINGS:
The basis of bearings shown hereon is the south line of Edwards Street, Nsg'55'52"W,
os shown on the Warranty Deed recorded in Volume 2049, Page 396, Deed Records,
Denton County, Texas. ~..?,;~" ~.
~BROCKETTE DAVIS DRAKE .
[--~Dconsulting engineers
Civil &: Structural Engineering Surveying
4144. Central Expwy.,Sui~e 1100 Dallas,Texas 75204- (214)824.-5647
Job No. C01015.401 October, 2001 Sheet 1 of 2
EXHIBIT D
SCALE 1'.-'-100
EDWARDS STREET ABANDONMENT
BLOCK 43, COLLEGE ADDITION
26,988 SQUARE FEET
"X"FOUNO
AVENUE E so.o'
50' R.O.W.
5/8"1R$
N 00'08'18" E 0 ~ I ~ 0 N
GE
POINT OF BEGINNING
26,988 SQUARE FEET ~~ ~
STREET ABANOONMENT 00'08'18" W 45.0
5/8"tRr
~/~.',~ ~ ~ ~ '. ~...~_'~..~
~,~ ~. ~u~. ~.
A V E N U E D ~ ~---~ .,~. ~,'>:.':""::Lz'"".:'~V
~BROCKETTE DAVIS DRAKE , inc.
~consultin9 engineers
Civil & Structurol Engineering Surve~ng
4144 Centrol Expwy.,Suite 1100 Dollos,Texos 75204 (214)824-5647
Job No. C01015.401 October, 2001 Sheet 2 of 2
EXHIBIT E
County: Denton
Parcel 5
Eagle Drive
Project Limits: From Avenue "A" to I.O.O.F Street
CSJ: 918-46
Page 1 of 2
D-15-
April 10, 2001
Legal Land Description for Parcel 5
Being a 0.05141 hectare [0.1270 acre] tract of land situated in the E. Puchalski Survey, Abstract
Number 996, Denton County, Texas, and being portions of tracts of land described in the deeds to
the State of Texas recorded in Volume 583, Page 73, Volume 592, Page 702, Volume 2473, Page
152, and in Volume 540, Page 215, Deed Records, Denton County, Texas, being more
particularly described by metes and bounds as follows:
COMMENCING at the northwest corner of said State of Texas tract as recorded in Volume 583,
Page 73, Deed Records, Denton County, Texas;
THENCE S 00°04'17'' W with the west line of said State of Texas tract a distance of 41.743
meters [136.92 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc"
set (hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING;
(0
THENCE S 88°36'48" E leaving the west line of said State of Texas tract as recorded in
Volume 583, Page 73, a distance of 2.931 meters [9.62 feet] to a 15.875mm iron rod set;
(2)
THENCE S 89°59'19'' E a distance of 16.664 meters [54.67 feet] to a 15.875mm iron rod
set;
(3)
THENCE S 88°36'48"E a distance of 24.989 meters [81.99 feet] to a 15.875m, m iron rod
set;
(4)
THENCE S 89°00'53" E a distance of 31.535 meters [103.46 feet] to a 15.875mm iron
rod set in the east line of said State of Texas tract as recorded in Volume 540, Page 215,
Deed Records, Denton County, Texas, said iron rod also being in the ',vest line of the tract
described in deed to Glynn C. Morris & Katherine Morris and recorded in county clerk's
file number 94-R0012706, Deed Records, Denton County, Texas;
(5)
THENCE S 00°21'48" E with the east line of last said State of Texas tract and the west
line of said Morris tract a distance of 6.910 meters [22.67 feet] to an "X' cut set in
concrete in the north right-of-way line of Eagle Drive (variable width right-of-way);
(6)
THENCE N 89°57'38" W leaving the east line of last said State of Texas tract and with
the north right-of-way line of Eagle Drive a distance of 60.961 meters [200.00 feet] to the
southwest corner of said State of Texas tract as recorded in Volume 592, Page 702, Deed
Records, Denton County, Texas;
I:~Survey~000X2.000090WARCELSlgl.doc Page 1 of 2
EXHIBIT E
County: Denton
Parcel 5
Eagle Drive
Project Limits: From Avenue "A" to I.O.O.F Street
CSJ: 918-46
Page 2 of 2
D-15-
April 10, 2001
(7)
TI.-~NCE N 00°21'48" W with the west line of last said State of Texas tract a distance of
4.094 meters [13.43 feet] to a 15.875mm iron rod set at the southeast corner of said State
of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County,
Texas;
(8)
THENCE N 89°55'43" W with the south line of last said State of Texas tract a distance
of 15.169 meters [49.77 feet] to a 15.875mm iron rod set at the southwest corner of last
said State of Texas tract, said iron rod also being the southeast corner of that tract of land
as described in deed to Charles L. Johnson and wife Mary Anne Johnson as recorded in
Volume 535, Page 549, Deed Records, Denton County, Texas;
(9)
THENCE N 00°04'17" E with the west line of last said State of Texas tract and the east
line of said Johnson tract a distance of 3.976 meters [13.04 feet] to the POINT OF
BEGINNgNG and containing 0.05141 hectares [0.1270 acres] of land
NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM
NORTH CENTRAL ZONE, NAD83 DATUM.
CONTROL MONUMENT: NGS Monument AB2789 DTO D - NOS disk stamped "DTO B
1979" set in a concrete post flush with the ground located near the center of Denton City Airport
south of the center taxiway
A plat of even survey date herewith accompanies this legal description.
I:\Survey\2000\2000090x,.PARCELSlgl.doc Page 2 of 2
C)
13.7Mm
~4~.o~']
BO-SC
EXHIBIT F
PARCEL 5
LOT LINE
CHARLES L. JOHNSON
& WIFE
MARY ANNE JOHNSON LOT 10
DEED
VOL. 535, PC;, 54-9 .....
D.R.D.C.T. ~ ,.~ '";"
.~?OOmm lEON ROD
FOUND
[136.92']
STATE OF
TEXAS
DEED
VOL. 583, PG. 73
D.R.D.C.T.
LOT 11
BLOCK 7
COLLEGE ADDITION
VOL. 44, PG. 600
P.R.D,C.T.
STATE OF TEXAS
DEED
VOL. 2475, PG. 152
D.R.D.C.T.
LOT 12
STATE OF TEXAS
DEED
VOL. 540, PG. 215
D.R.D.C.T.
STATE OF TEXAS
DEED ~
-VOL. 592, PG. 702 ~
D.R.D.C.T. o
t=J
'--3
0
~-'$' 00-21;4~B';'E 6.gl0m GLYNN C. MORRIS & KATHERINE E. MORRIS
DEED
............ [22.67'] 94-R0012706
LOT 15 D,R.B.C.T.
NOTE: ENGLISH UNITS ARE PROV1DEO FOR INFORMA~ON ONLY
0=15.875 mm IRON ROD SE:T UNLESS 011-1ERWISE NOTED.
NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM NORM CEN3RAL ZONE. NADB3 DA~gJM.
EXHIBIT SHO-W-ING
A 0.05141 ha [0.1270 ac.]
TRACT OF LAND
IN THE E. PUCHALSKI SURVEY
ABSTRACT NO. 996
DENTON, DENTON COUNTY, TEXAS
April 10, 2001
EXHIBIT G
County: Denton
Parcel 1
Eagle Drive
Project Limits: From Avenue "A" to I.O.O.F Street
CSJ: 918-46
Page 1 of 2
D-15-
March 13, 2001
Legal Land Description for Parcel 1
Being a 0.00878 hectare [0.0217 acre] tract of land situated in the E. PuchalsFd Survey, Abstract
Number 996, Denton County, Texas, and being part of a tract of land described in deed to the
State of Texas, recorded in Volume 549, Page 652, Deed Records, Denton County, Texas, part of
a 0.1284 acre tract of land described in deed to the State of Texas, recorded in County Clerk's
File Number 96-R0062108 and part of a 0.0425 acre tract of land described in deed to the State of
Texas, recorded in County Clerk's File Number 96-R0064440, Real Property Records, Denton
County, Texas, being more particularly described by metes and bounds as follows:
COMMENCING at a 12.700mm iron rod found at the northeast corner of said 0.0425 acre tract,
said iron rod being the northeast corner of Lot 4R, Block 21, College Addition, an addition to the
City of Denton as recorded in Cabinet F, Slide 107, Plat Records, Denton County, Texas and
being in the west right-of-way line of Central Avenue (15.240 meters [50 feet] in width);
THENCE S 01°04'09'' E with the east line of said 0.0425 acre tract, the east line of said Lot 4R,
and said west right-of-way line a distance of 18.192 meters [59.68 feet] to a 15.875mm iron rod
with yellow cap stamped "Dunaway & Assoc. Inc" set (hereafter called 15.875mm iron rod set) at
the POINT OF BEGINNING;
(1)
THENCE S 01°04'09'' E continuing with the east line of said 0.0425 acre tract, the east
line of said Lot 4R, and said west right-of-way line a distance of 9.984 meters [32.75
feet] to a 15.875mm iron rod set at the southeast corner of said 0.0425 acre trdct, and the
southeast corner of said Lot 4R, said iron rod also being the point of intersection of the
west right-of-way line of Central Avenue and the north right of way line of Eagle Drive
(a variable width right-of-way);
(2)
THENCE N 89053'30TM W leaving the east line of said Lot 4R and along the south lines
of the aforementioned 0.0425 acre tract, the 0.1284 acre tract and the Volume 549, Page
652 tract, and the north right-of-way line of Eagle Drive a distance of 44.163 meters
[144.89 feet] to a 15.875mm iron rod set;
(3)
THENCE N 01"13'12" W leaving the north line of Eagle Drive a distance of 0.698
meters [2.29 feet] to a 15.875mm iron rod set;
(4)
THENCE N 88044'49'' E a distance of 35.935 meters [117.90 feet] to a 15.875mm iron
rod set;
(5)
THENCE N 43°46'48" E a distance of 11.656 meters [38.24 feet] to the POINT OF
BEGINNING and containing 0.00878 hectares [0.0217 acres] of land.
l:~Survey~2000L2000090~PARCELllgl.doe Page 1 of 2
EXHIBIT G
County: Denton
Pamel 1
Eagle Drive
Project Limits: From Avenue "A" to I.O.O.F Street
CSJ: 918-46
Page 2 of 2
D-15-
March 13, 2001
NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM.
CONTROL MONUMENT: NGS Monument AB2789 DTO D - NOS disk stamped 'DTO B
1979" set in a concrete post flush with the ground located near the center of Denton City Airport
south of the center taxiway.
A plat of even survey date herewith accompanies this legal description.
f Job/N. Cordle
[ RP/LS No. 2026
"t~unaway Associates, Inc.
l:~Su rvey~000~.000090',,PARCELI Igl.d oc
Page 2 of 2
EXHIBIT H
PARCEL i
NOTE: ENGLISH UNITS ARE PROVIDED FOR INFORMATioN ONLY
O-15.875 mm IRON ROD SST UNLESS Oll-IERV~SE NOTED.
NOTE: BEARINGS ARE: BA~ED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM NOR'fl'{ CENTRAL ZONE, NAD83 DA'RIM.
N 0113'12' W O.6!
[2.29']
CITY OF DENTON
.' - STATE OF TEXAS
ELOCK 21 (0,0425 ACRES)
- ~..';. COLLEGE ADDr. I. 96-R0064440 -_~
CAD. F. PG. 107 LOT 3~ D.R.D.C.T.
STATE OF TEXAS
0RED
(0.128'$ ACRES) ~ -~'~
STATE OF TEXAS 98-R0062108 \
VOL. s49..G.
N 43'46'48' E 11.656m
N 89'53'30' W 44.,1§3m [14.4,89']
GRAPHIC SCALE
( IN METERS )
10 0 5 10 20 30
1 ' 500
\~.., JO NN CO DLE
';:.'.';:
EXHIBIT SHOWING
A 0.00g?8 ha [0.0217 ac.]
TRACT OF LAND
IN THE E. PUCH.4LSKI SURVEY
ABSTR^CT NO. ~96
DENTON, DENTON COUNTY, TEXAS
Morch 13, 2001
EXHIBIT I
7,956 SQ. FT. DEDICATION
BLOCK 43, COLLEGE ADDITION
PROPERTY DESCRIPTION
BEING o 7,956 square foot tract of land in Block 43 of the College Addition, on
Addition to the City of Denton, Texas, os recorded by plot in Volume 44, Page
600, Deed Records, Denton County, Texas, and being more particularly described os
follows:
BEGINNING at o 3/8" iron rod found for corner at the intersection of the north line
of Chestnut Street (50' R.O.W.) with the west line of Avenue D (80' R.O.W.,} os shown
by the plat of said College Addition;
THENCE S89'51'20"W, along said north line, o distance of 599.74 feet to o 5/8" iron
rod set for corner at the intersection of said north line with the east line of Avenue
E (50' R.O.W.):
THENCE NOO'OO'$O"W, deporting said north line and along said east line, o distance of
8.00 feet to o 5/8" iron rod set for corner;
THENCE NSg'51'20"E, deporting said east line and parallel to said north line, o distance
of ,.394.10 feet to o 5/8" iron rod set for corner at the beginning of o curve to the
left having o central angle of 18'16'02", o radius of 221..32 feet and o chord bearing
and distance of NSO'57'50"E, 70.26 feet;
THENCE along said curve to the left on arc distance of 70.56 feet to a 5/8" iron
rod set for corner at the beginning of o reverse curve to the right having o central
angle of 17'43'16", o radius of 278.68 feet and o chord bearing and distance of
N80'57'50"E, 85.85 feet;
THENCE along said reverse curve to the right an arc distance of 85.1g feet to o 5/8"
iron rod set for corner;
THENCE Nsg'5~"E, parallel to !,he obovementioned north line of Chestnut Street, o
distance of 51.~t~' feet to a 5/8 iron rod set for corner in the aforementioned west
llne of Avenue D;
THENCE SO0'O0'30"E, along said west line, a distance of .32.01 feet to the POINT OF
BEGINNING and containing 7, g56 square feet of land, more or less,
The basis of bearings shown hereon is the south line of Chestnut Street, S89'51'20"W,
os shown on the Denton City Ordinance No.
Deed Records, Denton County, Texas.
76-47 recorded in Volume
E~3 BROCKETTE DAVIS DRAKE , in(
>c2>consultin9 engineers
Civil & Structural Engineering Surveying
4144 Central Expwy.,Suite 1100
Job No. C01015.401
Dallas,Texas 75204 (214)824-3647
January, 2002 Sheet 1 of 2
SCALE 1'..-100
EXHIBIT J
7,956 SQ. FT. DEDICATION
BLOCK 43, COLLEGE ADDITION
GO'GO'JO" w e. oo' ^ V E N U EE
50' R.O.W.
cOLLEo
POINT OF BEGINNING
7,956 SQUARE FEET
STREET DEDICATION
5/8"¢RS
BLOCK
] I
I~ BROCKETTE DAVIS .DRAKE
C:~EZ)con sut ting engineers
Civil &: Structurol Engineering Surveying
4144 Centrol Expwy.,Suite 1100 Dollos. Texos 75204 (214)824-.3647
Job No. C01015.401 Jonuory, 2002 Sheet 2 of 2
EXlIIBIT K
1¥3E 1 of l0
STREET RIGHT-OF-WAY DEED
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
THAT the University of North Texas whether one or more, hereinafter called "Grantor,"
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 home rule
municipal corporation, hereinafter called "Grantee," the receipt and sufficiency of which is
hereby acknowledged, and for which no lien is retained, express or implied, does GRANT, SAI
and CONVEY unto the Grantee all of those certain tracts or parcels of land containing
collectively approximately 0.3313 acres of land, situated in the City of Denton, Denton County,
Texas, as more particularly described in Exhibit "A" illustrated in Exhibit "B", described in
Exhibit "C" illustrated in Exhibit "D", and described in Exhibit "E" illustrated in Exhibit "F", all
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 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, but as a restriction as to the permitted use of the Property. Grantor hereby
acknowledges that it has received full compensation for the property interests conveyed to
Grantee hereunder, including without limitation, full compensation for 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.
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 the extent allowed by law, to 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.
S:\CONTRAC'rxAdministrative Contracts~StudentRecCenterXStreet ROW Donation Deed l~xamolc- I
I
3H2<II3CBIT K
I'VE 2 OF lO
SIGNED this__day of
,2002.
The University of North Texas
By:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me this __
, the
behalf of said governmental entity.
., day of , , 2002, by
of the University of North Texas on
Notary Public, State of Texas
Print Name:
My commission expires
Page 2
EXHIBIT K
PAGE 3 OF 10
EXHIBIT A
County: Denton
Parcel 5
Eagle Drive
Project Limits: From Avenue "A" to I.O.O.F Street
CS J: 918-46
Page 1 of 2
D-15-
April 10, 2001
Legal Land Description for Parcel 5
Being a 0.05141 hectare [0.1270 acre] tract of land situated in the E. Puchalski Survey, Abstract
Number 996, Denton County, Texas, and being portions of tracts of land described in the deeds to
the State of Texas recorded in Volume 583, Page 73, Volume 592, Page 702, Volume 2473, Page
152, and in Volume 540, Page 215, Deed Records, Denton County, Texas, being more
particularly described by metes and bounds as follows:
COMMENCING at the northwest corner of said State of Texas tract as recorded in Volume 583,
Page 73, Deed Records, Denton County, Texas;
THENCE S 00°04'17'' W with the west line of said State of Texas tract a distance of 41.743
meters [136.92 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc"
set (hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING;
(1)
THENCE S 88036'48'' E leaving the west line of said State of Texas tract as recorded in
Volume 583, Page 73, a distance of 2.931 meters [9.62 feet] to a 15.875mm iron rod set;
(2)
THENCE S 89°59'19" E a distance of 16.664 meters [54.67 feet] to a 15.875mm iron rod
set;
(3)
THENCE S 88°36'48"E a distance of 24.989 meters [81.99 feet] to a 15.875mm iron rod
set;
(4)
THENCE S 89°00'53" E a distance of 31.535 meters [103.46 feet] to a 15.875mm iron
rod set in the east line of said State of Texas tract as recorded in Volume 540, Page 215,
Deed Records, Denton County, Texas, said iron rod also being in the west line of the tract
described in deed to Glynn C. Morris & Katherine Morris and recorded in county clerk's
file number 94-R0012706, Deed Records, Denton County, Texas;
(5)
THENCE S 00°21'48" E with the east line of last said State of Texas tract and the west
line of said Morris tract a distance of 6.910 meters [22.67 feet] to an "X" cut set in
concrete in the north right-of-way line of Eagle Drive (variable ;vidth right-of-v,.ay);
(6)
THENCE N 89057'38'' W leaving the east line of last said State of Texas tract and with
the north right-of-way line of Eagle Drive a distance of 60.961 meters [200.00 feet] to the
southwest corner of said State of Texas tract as recorded in Volume 592, Page 702, Deed
Records, Denton County, Texas;
l:\Survey'O.000k2000090~ARCELSlgl.doc
Page 1 of 2
EXHIBIT K
PAGE 4 OF 10
EXHIBIT "A"
County: Denton
Parcel 5
Eagle Drive
Project Limits: From Avenue "A" to I.O.O.F Street
CSJ: 918-46
Page 2 of 2
D-15-
April 10, 2001
(7)
THENCE N 00°21'48'' W with the west line of last said State of Texas tract a distance of
4.094 meters [13.43 feet] to a 15.875mm iron rod set at the southeast corner of said State
of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County,
Texas;
(8)
THENCE N 89°55'43" W with the south line of last said State of Texas tract a distance
of 15.169 meters [49.77 feet] to a 15.875mm iron rod set at the southwest corner of last
said State of Texas tract, said iron rod also being the southeast comer of that tract of land
as described in deed to Charles L. Johnson and wife Mary Anne Johnson as recorded in
Volume 535, Page 549, Deed Records, Denton County, Texas;
(9)
THENCE N 00°04' 17" E with the west line of last said State of Texas tract and the east
line of said Johnson tract a distance of 3.976 meters [13.04 feet] to the POINT OF
BEGINNING and containing 0.05141 hectares [0.1270 acres] of land
NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM
NORTH CENTRAL ZONE, NAD83 DATUM.
CONTROL MONUMENT: NOS Monument AB2789 DTO D - NOS disk stamped "DTO B
1979" set in a concrete post flush with the ground located near the center of Denton City Airport
south of the center taxiway
A pint of even survey date herewith accompanies this legal description.
l:\Survey\2000k2000090~ARCELSlgl.doc Page 2 of 2
EXHIBIT B
PARCEL 5
LOT LINE
CHARLES L. JOHNSON
&: WIFE
MARY ANNE JOHNSON
DEED
VOL. 5~5, PG. 5~g
D.R.D.C.T.
STATE OF TEXAS
DEED
VOL. 58 , PC.
D.R.D.C.T.
EXHIBIT K
PAGE 5 OF 10
LOT 10
LOT 11
STATE OF TEXAS
DEED
VOL. 592, PG. 702
D.R.D.C.T.
BLOCK 7
COLLEGE ADDITION
VOL. 44, PG. 600
P.R.D.C.T.
STATE OF TEXAS
DEED
VOL. 2475, PG. 152
D.R.D.C.T.
LOT 12
STATE OF TEXAS
DEED
VOL. 540, PG. 215
D.R.D.C.T.
~ S' 00~1;4~'; E B.'glOm GLYNN C. MORRIS &: KATHERINE E. MORRIS
DEED
........ [22.67"] 94-R0012706
LOT 13 D.R.B.C.T.
NOTE: ENGLISH UNITS ARE PROVIOEO FOR INFORMA'IION ONLY
0=15.875 mm IRON ROD SET UNLESS 01HERV4SE NOTED.
NOTE: BEARINGS ARE BASED ON 11-1E T~XAS STATE PLANE
COORDINATE SYSTEM NORI~I CENTRAL ZONE, NAD85 oA'rgM.
EXHIBIT SHOW'iNG
A 0.05141 ha [0.1270 ac.]
TRACT OF LAND
IN THE E. PUCHALSKI SURVEY
ABSTRACT NO. 996
DENTON, DENTON COUNTY, TEXAS
April 10, 2001
-:' EXHIBIT K
PAGE 6 OF 10
EXHIBIT C
County: Denton
Parcel 1
Eagle Drive
Project Limits: From Avenue "A" to I.O.O.F Street
CSJ: 918-46
Page 1 of 2
D-15-
March 13, 2001
Legal Land Description for Parcel 1
Being a 0.00878 hectare [0.0217 acre] tract of land situated in the E. Puchalsld Su~'ey, Abstract
Number 996, Denton County, Texas, and being part of a tract of land described in deed to the
State of Texas, recorded in Volume 549, Page 652, Deed Records, Denton County, Texas, part of
a 0.1284 acre tract of land described in deed to the Stat~ of Texas, recorded in County Clerk's
File Number 96-R0062108 and part of a 0.0425 acre tract of land described in deed to the State of
Texas, recorded in County Clerk's File Number 96-R0064440, Real Property Records, Denton
County, Texas, being more particularly described by metes and bounds as follows:
COMMENCING at a 12.700mm iron rod found at the northeast corner of said 0.0425 acre tract,
said iron rod being the northeast corner of Lot 4R, Block 21, College Addition, an addition to the
City of Denton as recorded in Cabinet F, Slide 107, Plat Records, Denton County, Texas and
being in the west right-of-way line of Central Avenue (15.240 meters [50 feet] in width);
THENCE S 01°04'09" E with the east line of said 0.0425 acre tract, the east line of said Lot 4R,
and said west right-of-way line a distance of 18.192 meters [59.68 feet] to a 15.875mm iron rod
v,'ith yellow cap stamped "Dunaway & Assoc. Inc" set (hereafter called 15.875mm iron rod set) at
the POhNT OF BEGINNING;
(1)
THENCE S 01°04'09'' E continuing with the east line of said 0.0425 acre tract, the east
line of said Lot 4R, and said west right-of-way line a distance of 9.984 meters [32.75
feet] to a 15.875mm iron rod set at the southeast corner of said 0.0425 acre tract, and the
southeast corner of said Lot 4R, said iron rod also being the point of intersection of the
,,','est right-of-way line of Central Avenue and the north right of way line of Eagle Drive
(a variable width right-of-way);
(2)
THENCE N 89°53'30" W leaving the east line of said Lot 4R and along the south lines
of the aforementioned 0.0425 acre tract, the 0.1284 acre tract and the Volume 549, Page
652 tract, and the north right-of-v,'ay line of Eagle Drive a distance of 44.163 meters
[144.89 feet] to a 15.875mm iron rod set;
(3)
THENCE N 01°13'12'' W leaving the north line of Eagle Drive a distance of 0.698
meters [2.29 feet] to a 15.875mm iron rod set;
(4)
THENCE N 8S°44'49'' E a distance of 35.935 meters [t17.90 feet] to a 15.875mm iron
rod set;
(5)
THENCE N 43°46'48'' E a distance of 11.656 meters [38.24 feet] to the POINT OF
BEGINNING and containing 0.00878 hectares [0.0217 acres] of land.
I:~Survcy~2000~000090"d:'ARCELllgl.doc Pagc 1 of 2
EXHIBIT C
County: Denton
Parcel 1
Eagle Drive
Project Limits: From Avenue "A" to I.O.O.F Street
CS.f: 918-46
Page 2 of 2
D-15-
March 13, 2001
EXHIBIT K
PAGE 7 OF 10
NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM NORTH CENTRAL ZONVE, NAD83 DATUM.
CONTROL MONUMENT: NGS Monument AB2789 DTO D - NOS disk stamped "DTO B
1979" set in a concrete post flush ;vith the ground located near the center of Denton City Airport
south of the center taxiway.
A plat of even survey date herewith accompanies this legal description.
[ Job/4 N. Cordle
~. P~LS No. 2026
~unaway Associates, Inc.
l:~urvey~2000~000090'xPARCELllgl.doc Page 2 of 2
EXHIBIT D
PARCEL 1
NOTE: ENGLISH UNITS ARE PRO~/10E0 FOR INFORMATION ONLY
O-15.875 mm IRON RO0 SET UNLESS OI14ERVASE NOTED.
NOTE: BEARINGS ARE BASED ON ~r(E TEXAS STATE PLANE
COOROINATE SYSTEM NORll4 CENTRAL ZONE. NAD85 DATUM.
EXHIBIT K
PAGE 8 OF 10
N Oi'~.~',:" W O.e
[2.293
CITY OF DENTON
.' ' STATE OF TEXAS
6LOCK 21 (0.0425 ACRES)
. ~... COLLEGE ADO/-; 96-R0064440
" CA~. F. PG. 107 LOT-~ 0.R.0.C.T.
STATE 0~ TEXAS
/ DEED
J (0 ~284 ACRES)
STATE OF lEXAS 9~ R0062108
DEED J
VOL S49. PO. 6S_ ~ I
GRAPHIC SCALE
10 0 .5 10 20
1 · 500
I
50
( IN F~RT )
4¢ "': .............. :... ,",
~..~ JONN i'.; COPDLE ~\~,
EXHIBI? SHOWING
A 0.008?8 h~ [0.0217 a¢.]
'TRACT OF LAND
IN THE E. PUCHALSKI SURVEY
ABSTRACT NO. 996
DENTON, DENTON COUNTY, TEXAS
&(~rch ~$. 2005
EXHIBIT E
7,956 SQ. FT. DEDICATION
BLOCK 43, COLLEGE ADD/TION
EXHIBIT K
PAGE 9 OF 10
PROPERTY DESCRIPTION
BEING a 7,956 square foot tract of land in Block 43 of the College Addition, on
Addition to the City of Denton, Texas, os recorded by plot in Volume 44, Page
600, Deed Records, Denton County, Texas, and being more particularly described os
follows:
BEGINNING at o 3/8" iron rod found for corner at the intersection of the north line
of Chestnut Street (50' R.O.W.) with the west line of Avenue D (80' R,O.W.) os shown
by the plot of said College Addition;
THENCE S89'51'20"W, along said north line, o distance of 599.74 feet to o 5/8" iron
rod set for corner at the intersection of said north line with the east line of Avenue
E (50' R.O.W.):
THENCE NOO'OO'30"W, deporting said north line and along said east line, o distance of
8.00 feet to o 5/8" iron rod set for corner;
THENCE N89'51'20"E, departing said east line and parallel to said north line, o distance
of ..394.10 feet to o 5/8" iron rod set for corner at the beginning of o curve to the
left having o central angle of 18't6'02", o radius of 221.,32 feet and o chord bearing
and distance of NSO'57'50"E, 70.26 feet;
THENCE along said curve to the left on arc distance of 70.56 feet to o 5/8" iron
rod set for corner at the beginning of o reverse curve to the right having o central
angle of 17'43'16", o rodlus of 278.68 feet and o chord bearing and distance of
NSO'57'50"E, 85.85 feet;
THENCE along said reverse curve to the right on arc distance of 85.19 feet to o 5/8"
iron rod set for corner;
THENCE N89'59~"E, parallel to !,he obovementloned north line of Chestnut Street, 'o
distance of 5t.~E feet to o 5/8 iron rod sel for corner in the aforementioned west
line of Avenue D;
THENCE SO0'O0'30"E, along said west line, o distance of 32.01 feet to the POINT OF
BEGINNING and containing 7,956 square feet of land, more or less.
BASIS OF BEARINGS:
The basis of bearings shown hereon is the south line of Chestnut Street, S89'51'20"W,
os shown on the Denton City Ordinance No. 76-47 recorded in Volume 4942,
Deed Records, Denton County, Texas. : /"'~ /I/ /II
·
,~'~',~. ,
~BROCKETTE DAVIS DRAKE in(
consulting engineers
Civil ~ Structural Engineering Surve~ng "~
4144 Central Expwy.,Suite 1100 Dallas,Texas 75204 (214)824-3647
Job No. C03015.403 January, 2002 Sheet 1 of 2
EXHIBIT F
SCALE 1%-100
7,956 SQ. FT. DEDICATION
BLOCK 43, COLLEGE ADDITION
EXHIBIT K
PAGE 10 OF 10
s/8
cOLLEG
~N 001~0'$0' W
5/8
O~-f~oN
45
BLOCK
= 18'16'02"
Z'o ~ R = 221 52'
~..~ ~ '~ L = 70.56'
-- ~ CB= N 80'57'50'
% ~5/8"lR$ Ch = 70.25'
~ ~ /A = 17'43'16"
POINT OF BEGINNING , , ~L = 86.~g
~ ~ C8= N 80'57'5(
7,956 SQUARE FEET I I ~cn = 85.85'
5/8 IRF '/I 3/8"IRF
S 00~0'~0' E 52.0~
AVENUE E
50' R.O.W.
AVENUE
80' R.O.W.
1 I
F--gBROCKETTE DAVIS pRAKE
r--~ ~consulting engineers
Civil &: Structurol Engineering Surveying
4144 Centrol Expwy.,Suite 1100 Dollos,Texos 75204 (214)824-.3647
Job No. C01015.401 Jonuory, 2002 Sheet 2 of 2
STREET RIGHT-OF-WAY DEED
STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
THAT the University of North Texas whether one or more, hereinafter called "Grantor,"
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 home rule
municipal corporation, hereinafter called "Grantee," the receipt and sufficiency of which is
hereby acknowledged, and for which no lien is retained, express or implied, does GRANT, SAI.E
and CONVEY unto the Grantee all of those certain tracts or parcels of land containing
collectively approximately 0.3313 acres of land, situated in the City of Denton, Denton County,
Texas, as more particularly described in Exhibit "A" illustrated in Exhibit "B", described in
Exhibit "C" illustrated in Exhibit "D", and described in Exhibit "E" illustrated in Exhibit "F", all
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 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, but as a restriction as to the permitted use of the Property. Grantor hereby
acknowledges that it has received full compensation for the property interests conveyed to
Grantee hereunder, including without limitation, full compensation for 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.
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 the extent allowed by law, to 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.
S:\CONTRACTLetdministmtive Contracts~StudentRe¢Center~Street ROW Donation O~¢d I~:~a~llpl¢- I
The University of North Texas
By:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This ,insmu,ment.was acknowledged before me this ~ , day of /"-c~Ufl. OF)r' , , 2002, by
~l,/ ~)"~l/~[ , the lfP ~,r .,C[~t~']~'~' of the University of North Texas on
behalf of said governmental entity. ~'dS/'~lt'~5' JJ"t~]~
]1~'~."?~. NotsryPublic, StateofTexas
!1~.':..~'~1 My Commission Expires
Notary Public, State of Texas
Print Name:
My commission expires ~
Page 2
EXHIBIT A
County: Denton
Parcel 5
Eagle Drive
Project Limits: From Avenue "A" to I.O.O.F Street
CSJ: 918-46
Page 1 of 2
D-15-
April 10, 2001
Legal Land Description for Parcel 5
Being a 0.05141 hectare [0.1270 acre] tract of land situated in the E. Puchalski Survey, Abstract
Number 996, Denton County, Texas, and being portions of tracts of land described in the deeds to
the State of Texas recorded in Volume 583, Page 73, Volume 592, Page 702, Volume 2473, Page
152, and in Volume 540, Page 215, Deed Records, Denton County, Texas, being more
particularly described by metes and bounds as follows:
COMMENCING at the northwest corner of said State of Texas tract as recorded in Volume 583,
Page 73, Deed Records, Denton County, Texas;
THENCE S 00°04' 17" W with the west line of said State of Texas tract a distance of 41.743
meters [136.92 feet] to a 15.875mm iron rod with yellow cap stamped "Dunaway & Assoc. Inc"
set (hereafter called 15.875mm iron rod set) at the POINT OF BEGINNING;
(1)
THENCE S 88°36'48'' E leaving the west line of said State of Texas tract as recorded in
Volume 583, Page 73, a distance of 2.931 meters [9.62 feet] to a 15.875mm iron rod set;
(2)
THENCE S 89°59'19'' E a distance of 16.664 meters [54.67 feet] to a 15.875mm iron rod
set;
(3)
THENCE S 88°36'48"E a distance of 24.989 meters [81.99 feet] to a 15.875m,'m iron rod
set;
(4)
THENCE S 89°00'53" E a distance of 31.535 meters [103.46 feet] to a 15.875mm iron
rod set in the east line of said State of Texas tract as recorded in Volume 540, Page 215,
Deed Records, Denton County, Texas, said iron rod also being in the west line of the tract
described in deed to Glynn C. Morris & Katherine Morris and recorded in county clerk's
file number 94-R0012706, Deed Records, Denton County, Texas;
(5)
THENCE S 00021'48" E with the east line of last said State of Texas tract and the west
line of said Morris tract a distance of 6.910 meters [22.67 feet] to an "X" cut set in
concrete in the north right-of-way line of Eagle Drive (variable width right-of-way);
(6)
THENCE N 89"57'38" W leaving the east line of last said State of Texas tract and with
the north right-of-way line of Eagle Drive a distance of 60.961 meters [200.00 feet] to the
southwest corner of said State of Texas tract as recorded in Volume 592, Page 702, Deed
Records, Denton County, Texas;
I:~Survey~000~000090WARCEI-51gl.doc
Page 1 of 2
EXHIBIT"A"
County: Denton
Parcel 5
Eagle Drive
Project Limits: From Avenue "A" to LO.O.F Street
CSJ: 918-46
Page 2 of 2
D-15-
Aprill0,2001
(7)
THENCE N 00°21'48'' W with the west line of last said State of Texas tract a distance of
4.094 meters [13.43 feet] to a 15.875mm iron rod set at the southeast corner of said State
of Texas tract as recorded in Volume 583, Page 73, Deed Records, Denton County,
Texas;
(8)
THENCE N 89055'43'' W with the south line of last said State of Texas tract a distance
of 15.169 meters [49.77 feet] to a 15.875mm iron rod set at the southwest corner of last
said State of Texas tract, said iron rod also being the southeast comer of that tract of land
as described in deed to Charles L. Johnson and wife Mary Anne Johnson as recorded in
Volume 535, Page 549, Deed Records, Denton County, Texas;
(9)
THENCE N 00°04, 17" E with the west line of last said State of Texas tract and the east
line of said Johnson tract a distance of 3.976 meters [13.04 feet] to the POINT OF
BEGINNING and containing 0.05141 hectares [0.1270 acres] of land
NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM
NORTH CENTRAL ZONE, NAD83 DATUM.
CONTROL MONUMENT: NOS Monument AB2789 DTO D -NOS disk stamped "DTO B
1979" set in a concrete post flush with the ground located near the center of Denton City Airport
south of the center taxiway
A plat of even survey date herewith accompanies this legal description.
l:\Survey~000~.000090~PARCELSlgl.doc Page 2 of 2
EXHIBIT B
ac-ec
PARCEL 5
LOT LINE
CHARLES L. JOHNSON
MARY ANNE JOHNSON LOT 10 ~o
VOL. 555, PG. 54.9
("~o
D.R.D.C.T. [],.~
STATE OF' TEXAS
DEED
VOL. 58,3, PG. 7,.5
D.R.D.C.T.
LOT 11 STATE OF TEXAS
DEED ,._,~
VOL. 592, PG. 702 ,-~
D.R.D.C.T. ~o
BLOCK 7 STATE OF TEXAS ~
DEED ~
COLLEGE ADDITION Vt}/ 747.~ [D~ 1,~? ~
VOL. 44. PO. 600 .... ~ k' ~' ~'~ ....
P.R.D.C.T. U.~.U.U./.
~ VOL. 540, PG. 215 ~~q~,4
~O~I;~'E 6.~10m OL~N C. MORRIS ~ KATHERINE E. MORRIS
DEED
..... [22.67'] . 94-R0012706
LOT 13 D.R,D.C.T.
NOTE: ENGLISH UNITS ARE PROVlDEO FOR INFORMATION ONLY
0,,15.875 mm IRON ROD SET UNLESS O~ERVASE NOTED.
NOTE: BEARINGS ARE BASED ON 11'1E TEXAS STATE PLANE
COORDINATE SYSTEM NORTH CENIRAL ZONE. NAD85 OA~JM.
EXHIBIT SHOWING
A 0.05141 ha [0.1270 ac.]
TRACT OF LAND
IN THE E. PUCHALSKI SURVEY
ABSTRACT NO. 996
DENTON, DENTON COUNTY, TEXAS
April 10, 2001
EXHIBIT C
County: Denton
Parcel 1
Eagle Drive
Project Limits: From Avenue "A" to I.O.O.F Street
CS J: 918-46
Page 1 of 2
D-15-
March 13, 2001
Legal Land Description for Parcel 1
Being a 0.00878 hectare [0.0217 acre] tract of land situated in the E. Puchats 'ki Survey, Abstract
Number 996, Denton County, Texas, and being part of a tract of land described in deed to the
State of Texas, recorded in Volume 549, Page 652, Deed Records, Denton County, Texas, part of
a 0.1284 acre tract of land described in deed to the State of Texas, recorded in County Clerk's
File Number 96-R0062108 and part of a 0.0425 acre tract of land described in deed to the State of
Texas, recorded in County Clerk's File Number 96-R0064440, Real Property Records, Denton
County, Texas, being more particularly described by metes and bounds as follows:
COMMENCING at a 12.700mm iron rod found at the northeast corner of said 0.0425 acre tract,
said iron rod being the northeast corner of Lot 4R, Block 21, College Addition, an addition to the
City of Denton as recorded in Cabinet F, Slide 107, Plat Records, Denton County, Texas and
being in the west right-of-way line of Central Avenue (15.240 meters [50 feet] in width);
THENCE S 01004'09'' E with the east line of said 0.0425 acre tract, the east line of said Lot 4R,
and said west right-of-way line a distance of 18.192 meters [59.68 feet] to a 15.875mm iron rod
with yellow cap stamped "Dunaway & Assoc. Inc" set (hereafter called 15.875mm iron rod set) at
the POhNT OF BEGINNING;
(1)
THENCE S 01°04'09'' E continuing with the east line of said 0.0425 acre tract, the east
line of said Lot 4R, and said ',,,'est right-of-way line a distance of 9.984 meters [32.75
feet] to a 15.875mm iron rod set at the southeast corner of said 0.0425 acre tra&, and the
southeast corner of said Lot 4R, said iron rod also being the point of intersection of the
west right-of-way line of Central Avenue and the north right of way line of Eagle Drive
(a variable width right-of-way);
(2)
THENCE N 89°53'30" W leaving the east line of said Lot 4R and along the south lines
of the aforementioned 0.0425 acre tract, the 0.1284 acre tract and the Volume 549, Page
652 tract, and the north right-of-way line of Eagle Drive a distance of 44.163 meters
[144.89 feet] to a 15.875mm iron rod set;
(3)
THENCE N 01°13'12'' W leaving the north line of Eagle Drive a distance of 0.698
meters [2.29 feet] to a 15.875mm iron rod set;
(4)
THENCE N 88°44'49'' E a distance of 35.935 meters [117.90 feet] to a 15.875mm iron
rod set;
(s)
THENCE N 43°46'48'' E a distance of 11.656 meters [38.24 feet] to the POINT OF
BEGINNING and containing 0.00878 hectares [0.0217 acres] of land.
l:\Smwey~2000~2000090WARCELllgl.doc Page 1 of 2
EXHIBIT C
County: Denton
Parcel 1
Eagle Drive
Project Limits: From Avenue "A" to I.O.O.F Street
esi: 918-46
Page 2 of 2
D-IS-
March 13, 2001
NOTE: BEARINGS ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD83 DATUM.
CONTROL MONUMENT: NGS Monument AB2789 DTO D - NOS disk stamped "DTO B
1979" set in a concrete post flush with the ground located near the center of Denton City Airport
south of the center taxiway.
A plat of even survey date herewith accompanies this legal description.
/Johfi N. Cordle
k RP,/LS No. 2026
'-l~unaway Associates, Inc.
I AS urvey~2000x2000090X~PARCEL1 lgl.doc
,~.
Page 2 of 2
EXHIBIT D
PARCEL 1
NOTE: ENGLISH UNITS ARE PRO',,10EO FOR INFORMA310N ONLY
0-,15.875 mm IRON RO0 SET UNLESS O'D-IERWI.~ NOTEO.
NOTE: BEARINGS ARE BA.~D ON THE TEXAS STATE PLANE
COORDINATE SYSTEM NORTH CENTRAL ZONE, NAD85 DATUM.
N 01'13'12' W 0.6
[2.29']
CITY OF DENTON
STATE OF TEXAS
BLOCK 21 (0.0425 ACRES)
COLLEGE ADON. 96-R0064440
CA~ F. PG 107 Lo? 3~' D.R.D.C.T.
STATE OF TEXAS
DEED
(0.1284 ACRES)
STATE OF' TEXAS 96-R0062108
DEEO O.R.O.C.T.
VOL. 549, PG. 652
D.R.D.C.T.
N 43'45'48' E 11.656m--
[38.24']
8m ~ N B6'44'49' E 35,935m [117.90']
N 89'53',30' W 4.4,163m [144.89']
GRAPHIC SCALE
( ]~ u~rEss )
1 ' 500
3O
~ JOHN N COROLE
E~IBIT SH0~NG
~ 0.00gTfl ha [0.0~17 ac.]
TRACT OF L~D
IN THE E. PUCH~KI
~BSTR~CT N0.
DENTON, DENTON C0HNTY,
EXHIBIT E
7,956 SQ. FT. DEDICATION
BLOCK 43, COLLEGE ADDITION
PROPERTY DESCRIPTION
BEING o 7,956 square foot tract of land in Block 43 of the College Addition, on
Addition to the City of Denton, Texas, os recorded by plot in Volume 44, Page
600, Deed Records, Denton County, Texas, and being more porticulorly described os
follows:
BEGINNING of o 3/8" iron rod found for corner at the intersection of the north line
of Chestnut Street (50' R.O.W.) with the west line of Avenue D (80' R.O.W.) os shown
by the plot of said College Addition;
THENCE S89'51'20"W, along said north line, o distance of 599.74 feet to o 5/8" iron
rod set for corner at the intersection of said north line with the east line of Avenue
E (50' R.O.W.):
THENCE NOO'OO'30"W, deporting said north line and along said east line, o distance of
8.00 feet to o 5/8" iron rod set for corner;
THENCE Nsg'51'20"E, deporting said east line and parallel to said north line, o distance
of .394.10 feet to o 5/8" iron rod set for corner at the beginning of o curve to the
left having o central angle of 18'16'02", o radius of 221..7,2 feet and o chord bearing
and distance of NSO'57'50"E, 70.26 feet;
THENCE along said curve to the left on arc distance of 70.56 feet to o 5/8" iron
rod set for corner at the beginning of o reverse curve to the right having o central
angle of 17'45'16", o radius of 278.68 feet and o chord bearing and distance of
NSO'57'50"E, 85.85 feet;
THENCE along said reverse curve to the right on arc distance of 86.19 feet to o 5/8"
iron rod set for corner;
THENCE Nsg'5~"E, parallel to the obovementioned north line of Chestnut Street, o
distance of 51.,~E feet to o 5/8" iron rod set for corner in the aforementioned west
line of Avenue D;
THENCE SO0'O0'30"E, along said west line, o dlstonce of 32.01 feet to the POINT OF
BEGINNING and containing 7,956 square feet of land, more or less.
BASIS OF BEARINGS:
The basis of bearings shown hereon is the south line of Chestnut Street, S89'51'20"W,
os shown on the Denton City Ordinance No.
Deed Records, Denton County, Texas.
76-47 recorded in Volume
I-~BROCKETTE DAVIS DRAKE ,im
[= E=: consultin9 engineers
Civil &: Structural Engineering Surveying
4144 Central Expwy.,Suite 1100
Job No. C01015.401
Dallas,Texas 75204 (214)824-3647
January, 2002 Sheet 1 of 2
EXHIBIT F
SCALE 1~"100
7,956 SQ. FT. DEDICATION
BLOCK 43, COLLEGE ADDITION
5/8"~RS
(.3
C)
POINT OF BEGINNING
7.956 SQUARE FEET
STREET DEDICATION
3/8"IRF
s oo~o'3o" ~ 32. o~
00'00'30' W 8.00'
5/8"~RS
BLOCK
"IRS
= 18'~6'02"
R = 22L$2'
L = 70.56'
C8= N 80~7'50" ~
5/8"IRS Ch = 70.26'
= 17'43'1§"
R = 278.68'
L =, 86.19'
C8= N 80~7'50'
Ch = 85.85'
5/8"~F~S
89'59~ £ 5L46'
/
5/8
3/8 "IRF ;'
AVENUE E
50' R.O.W.
AVENUE
80' R.O.W.
0
I I
r~ BROCKETTE DAVIS pRAKE
r->cz>consulting engineers
Civil & Structurol Engineering Surveying
4144 Centrol Expwy.,Suite 1100 Dollos,Texos 75204 (214)824-3647
Job No. C01015.401 Jonuory, 2002 Sheet 2 of 2