1999-123 ORDINANCE N0 qq~/~
AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE CITY
OF DENTON AND STATE OF TEXAS, RELATING TO 0 507 ACRES OF LAND FOR THE
EXPANSION OF U S HIGHWAY 77 (PARCEL 11) AND AUTHORIZING THE
EXECUTION OF THE DEED, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, pursuant to Resolution 88-021 the City of Denton agreed to acqmre and to
provide all costs of the right of way for the wldemng ofU S Highway 77, for the State of Texas,
and having purchased 0 507 acres of land (parcel 11) as right of way and needing to convey such
right of way to the State of Texas, and
WHEREAS, that the process for determining the fair market value of the right of way
above, as applicable, pursuant to Section 272 001 of the Texas Local Government Code relating
to the conveyance of property to a governmental entity that has the power of eminent dommn,
shall be followed in effecmatmg this conveyance, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDA1NS
SECTION I That the City Manager is hereby authorized to execute a deed between the
City and the State of Texas, acting by and through the Texas Transportation Commission, in
substantially the form of the deed which is attached hereto and made a part of this ordinance for
all purposes, for the conveyance of 0 507 acres of land for the expansion of U S Highway 77
(Parcel 11)
SECTION II That thru ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVEDthlstheff_~ dayof ~/~__~.t _Z~2 ,1999
JA~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPRIOVED AS TO LEGAL FORM
Texas Department of TransponaUon
Fonm D-15 14
Page lof3 Rev 9/91
DEED
THE STATE OF TEXAS }
}
COUNTY OF n~oN } KNOW ALL MEN BY THESE PRESENTS
That, ~.h~ et~.y n~ D~n~-.~n. a T~xa~ Municipal Cor.nc~rn?.ion
of the County of D~_n~on , State of Texas, hereinafter referred to as Grantors, whether
one or more, for and m consideration of the sum of ono Do 1 ] a r and No
Dollars ($ l. oo ) to Grantors
m hand pard by the State of Texas, acting by and through the Texas Transportauon Conumss~on, receipt of
winch ~s hereby acknowledged, and for wluch no hen ts retained, etther expressed or unphed, have this
day Sold and by these presents do Grant, Bargain, Sell and Convey unto the State of Texas all that certain
tract or parcel of land ~n no. v_,-,n County, Texas, more part~ctflarly described m Ex-
lub~t "A," whtch ~s attached hereto and incorporated heroin for any and all purposes
SAVE and EXCEPT, ItOWEVER, ~t ts expressly understood and agreed that Grantors are retaining
role to fl~e following :mprovements located on the property described m satd Exhtba "A," to w~t
~./~
Grantors covenant and agree to remove the above-described nnprovements from smd land by the.
day of ~./a ,19.__, subject, however, to such extenstons of tune as may be granted
by the State iii writing, and fi, for any reason, Grantors fad or refuse to remove same w~th~n satd period of
tune prescribed, then, wtthout any further constderatton, the tttle to all or any part of such nnprovements
not so removed shall pass to and vest m the State of Texas forever
Grantors reserve all of the off, gas and sulphur m and under the land hereto conveyed but wmve all rights
of mgress and egress to the surface thereof for the purpose of exploring, developing, mmmg or dulling for
same, however, nothing m th~s reservatton shall affect the t~tle and rights of the State to take and use all
other rmnerals m~d materials thereon, thereto and thereunder
Texas Department of Transpo~atmn
Fom~ D 15 14
Page 2 of 3 Rev 9/91
TO HAVE AND TO HOLD the prenuses hereto descrthed and hereto conveyed together wxth all and
s~ngular the rights and appurtenances thereto m any wise belonging unto the State of Texas and ~ts assigns
forever, and Orantors do hereby brad ourselves, our he,rs, executors, administrators, successors and as-
signs to Warrant and Forever Defend all and singular the smd premises hereto conveyed unto the State of
Texas and ~ts assigns against every person whomsoever lawfully claunmg or to clawa the same or any part
thereof, by, t;hrough or under, but; not; otherw~[se.
IN W, ITNESS.~fl/HEREOF, th~s.mstmment m executed on thIs the ~-~qtc4'-~ day of
C ITYX~OF . DENTDN , JBEXA
/'' /
ACKNOWLEDGMENT
THE STATE OF TEXAS, }
COUNTY OF ~ E~J'ro~3
BEFO~ ME the uBdersl~ned, a~Nota~y Public, on this day personally appeared
IC~ '~/g~/ [.~ ..y~./'7... , known to me (or proved
to me on the oath of , a credible w~mess,) to be the person(s) whose
name(s) is (are) subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the
purposes and consideration the~em expressed
W.U D RMY DANDS A O OF E,t s d.yor
........... ~ [.Notary P~/¥~lc, Stat~ of Texas ,~/ /'
~/~,-~'~X~ £UZABE]~H J WILLIAMS I "-.-.~ _c..; , ,, ---T- /
'MyConumss,onexpt~sonthe~dayof IVl~.~j ,~' . c.c_ /
************************************************************************************
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS, }
COUNTY OF D ~/7~/ }
BF~ORE ME., ~the undersigned, a Notary Publi¢~ on this day person, ally appeared
(~/T'/ /"7~A//~'~'~',~ of (~tTY Of' ~),~/V,r'~/V' , known to
me to be die person and officer whose, lnan~e ~s subscnhe~d to the foregoing instrument and acknowledged to me that the same
was the act of the smd f~/f'~ OW' /.)F'M'VC'A,/ , a corporatton, that he/she was
duly anthonzed to perform the same by appropnate resoluuon of the board of dnectors of such corporatmn and that he/she
executed the same as the act of such ¢orporaUon for the purposes and consxderauon thereto expressed, and m the capacity
thereto slated
GIVEN UNDER MY HAND AND SEAL OF OFFICE, flus 3 ~/~ day of
- - -- My Corn p
Texas Deparlment of Transportation
Form D 15 14
Page 3 of 3 Rev 9/91
After recording please return this instrument to'
CITY OF DENTON
221 N Elm St
Denton, Texas 76201
Attn Paul Williamson
CERTIIqCAIE OF RECORDING
TIIE STATE OF TEXAS, }
COUNTY OF _D. E3~Di'[ }
EXHIBIT "A"
County Denton Page 1 of 2
H~ghway _1,1 ~ 77
Project L~m~ts From I,H, 36 Rev November 28, 1994
To U S 380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 11
BEING A PARCEL OF LAND SITUATED IN A CALLED 39 361-ACRE TRACT CONVEYED TO ELECTRONIC DATA
SYSTEMS CORPORATION RETIREMENT PLAN AND TRUST lEDS), RECORDED IN VOLUME 1681, PAGE 867
DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), AND BEING SITUATED IN THE J S COLLARD SURVEY,
ABSTRACT NO 287, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCING for reference at a found B/8-mch iron rod being an angle pmnt m the west hne of a 23 212-acre
tract conveyed to Brian P Catalano, Trustee, recorded ~n Volume 2219, Page 545, DRDCT, same bs,ng m the
east hne of sa~d EDS tract,
THENCE N 130 60' 36" E, along the west line of sa,d Catalano tract and the east hne of sa~d EDS tract, a
d~stance of 688 13 feet to a point being the northeast corner of sa~d EDS tract m the exmtmg south r~ght of way
hneofUS 77,
THENCE N 58° 11 ' 36" W, along the north hne of smd EDS tract and ex~st,ng south nght of way hne of U S 77,
a d~stance of 1080 78 feet to s set 6/8-tach ~ron rod w~th an aluminum cap for the POINT OF BEGINNING and
being a point on the new south right of way hne of U S 77,
(1) THENCE N 69° 43' 46" W, w~th sa~d new south right of way hne of U S 77, and crossing sa~d
EDS tract, s d~stance of 100 00 feet to a set 6/8-tach ~ron rod w~th an aluminum cap,
(2) THENCE N 58° 11' 36" W, w~th sa~d new south right of way hne of U S 77, a d~stance of
120 O0 feet to a set 5/8-tach ~ron rod w~th an aluminum cap, same being on the new east r~ght
of way hne for Bonnie Brae Road, being in a non-tangent mrcular curve to the left having a radius
of 170 49 feet,
(3) THENCE Southwesterly, along the new r~ght of way Ime of sa~d road, and sa~d curve to the left,
through a delta angle of 30° 31' 23", an arc d~stance of 90 82 feet, and having a chord which
bears S 12° 16' 20" W, a dmtance of 89 75 feet to a set 5/8 tach ~ron rod w~th an alumlnum cap
being the point of tangency,
(4) THENCE S 02° 59' 21" E, along the new east right of way line of Bonnie Brae Road, a d~stance
of 146 00 feet to a set 5/8-tach ~ron rod w~th an aluminum cap
(5) THENCE S 87° 00' 39" W, leaving the new r~ght of way hne of sa~d road, a d~stance of 39 58
feet to a set PK nail w~th shiner being on the west property hne of sa~d EDS tract and near the
present center hne of sa~d Bonnie Brae Road,
THENCE N OO° 54' 02" E, along the west hne of sa~d EDS tract, a d~stance of 43 27 feet to a
found 1/2-~nch :ron rod,
EXHIBIT 'A'
County Denton Page 2 of 2
H~ghwa¥ U.S. 77
Project L~m~ts From I.H. 35 Rev November 28, 1994
To U.S. 380
CSJ 0195-02-
Account
FIELD NOTES FOR PARCEL 11
(7) THENCE N 26° 04' 07" W, with the west line of said EDS tract, a d~stance of 110 59 feet to a
set PK nad with shiner,
(8) THENCE N 02° 59' 21 ' W, crossing said EDS tract, a d~stanca of 1 09 feet to a set PK na~l w~th
shiner, being on the new west right of way line for Bonme Brae Road, and being the beg~nmng
of a circular curve to the right having a radius of 250 49 feet,
(9) THENCE Northeasterly, along sa~d curve to the nght and sa~d new wast r~ght of way hne for
Bonnie Brae Road, through a delta angle of 34° 14' 19", an arc d~stance of 149 69 feet, and
having a chord which bears N 14° 07' 48" E, a d~stance of 147 47 feet to a set 5/8-~nch ~ron rod
with an aluminum cap being on the new south right of way line of U S 77,
(10) THENCE N 46° 54' 20" W, along the new south right of way line of U S 77, a d~stance of 49 72
feet to a set 5/8-~nch iron rod with an aluminum cap same being a point on the north line of said
EDS tract and the existing south right of way hna of U S 77,
(11) THENCE S 58° 11' 36' E, along · line common to the EDS tract and U S 77, a d~atance of
347 20 feet to the POINT OF BEGINNING, and conta~mng 0 507 acre, or 22,101 square feet of
land, more or less, of which 4546 square feet resided ~n the prescnpt~ve right of way of
Bonnie Brae Road
John F W~lder, R P L S Date
Texas No 4285