1999-125 ORDINANCE NO ~q--/~,~
AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE CITY
OF DENTON AND STATE OF TEXAS, RELATING TO 0 093 ACRES OF LAND FOR THE
EXPANSION OF U S HIGHWAY 77 (PARCEL 38) AND AUTHORIZING THE
EXECUTION OF THE DEED, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, pursuant to Resolution 85-021 the City of Denton agreed to acquire and to
provide all costs of the right of way for the w, demng ofU S H~ghway 77, for the State of Texas,
and the City owmng 0 093 acres of land (parcel 38) as right of way and needmg to convey such
right of way to the State of Texas, and
WHEREAS, that the process for determm~ng the fair market value of the nght of way
above, as appl, cable, 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 ~n effecmaUng thts conveyance, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I That the City Manager ~s hereby authorized to execute a deed between the
City and the State of Texas, acting by and through the Texas Transportation Comm~smon, ~n
substantmlly the form of the deed whmh m attached hereto and made a part of thru ordinance for
all purposes, for the conveyance of 0 093 acres of land for the expanmon of U S H~ghway 77
(Parcel 38)
SECTION II That thru ordmance shall become effective ~mmed~ately upon its passage
and approval
PASSED AND APPROVED thru the &t~. day of~~__, 1999
JAC/~ILLER, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
AppgVED j~S TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Texas Department of Transportation
Form D 15 14
Page I of 3 Rev 9/91
DEED
THE STATE OF TEXAS }
}
COUNTY OF DENTON } KNOW ALL MEN BY THESE PRESENTS'
That, the City of Denton~ a Texas Municipal Corporation
of the County of Denton , State of Texas, hereinafter referred to as Grantors, whether
oneormore, for and m conslderatlon of the sum of One Dollar and No Cents
Dollars ($ i. 00 ) to Grantors
m hand pard by the State of Texas, acting by and through the Texas Transportation Conunission, receipt of
which is hereby acknowledged, and for wluch no hen m retained, either 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 m D~nkon Comity, Texas, more partictdarly described m Ex-
hibit "A," which xs attached hereto and incorporated hereto for any and all purposes
SAVE and EXCEPT, HOWEVER, ~t Is expressly understood and agreed that Grantois are retaining
title to the following unprovements located on the prope,ly described iii said Exlubit "A," to wit
N/A
Grantors covenant and agree to remove the above-described maprovements from said land by the
day of_ N/A ,19 , subject, however, to such extensions of time as may be granted
by the State m wr,tmg, and ~f, for any reason, Grantors fall or refuse to remove same w~thm said period of
tune prescribed, then, without any further considelation, the title to all or any part of such unprovements
not so removed shall pass to and vest m the State of Texas forever
Grantors reserve all of the oLl, gas and sulphur m and under the land hereto conveyed but waave all rights
of mgless and egress to the surface thereof for the purpose of exploring, developing, mmmg or drilling for
stone, llowever, nothing m th~s reservat,on shall affect the title and r,ghts of the State to take and use all
other minerals and materials thereon, thereto and thereunder
Texas Department of Transportation
Fom~ D 15 14
Page2of3 Rev 9/91
TO HAVE AND TO HOLD the prenuses hereto described and hereto conveyed together with all and
singular the rights and appurtenances thereto m any wise belonging unto the State of Texas and its asstgns
forever, and Grantors do hereby brad ourselves, our he,rs, executors, administrators, successors and
stgus to Warrant and Forever Defend all and singular the smd premises hereto conveyed unto the State of
Texas and its assigns against every person whomsoever lawfully claunmg or to claun the same or any part
thereof, by, through or under, but not otherwise.
IN WLTNESS WJrlEREOF, this instrument is executed on this the ~"~ day of
CITY O~ DENTON, TEXAS
ACKNOWLEDGMENT
THE STATE OF TEXAS, }
COUNTY OF f3 rO a/ }
BEFORE ,I~, the, unde~l.gn.e~l, a Notary Public, on this day personally appeared
I"/I I Gh ;q~/LU ~"-tZ.~, , known to me (or proved
to me on the oath of , a credible witness,) to be the person(s) whose
name(s) is (me) subscribed to the foregoing instrument and acknowledged to me that he/sbeflhey executed the same for the
purposes and comlderallon thereto expressed
OIVEN UNDER MY HAND AND SEAL OF OFFICE, flUS d fi/? day of ~f___~.~ , 19
· :.-.: ..... My COmm,ssion expu~s on the ~ day of /~/c95 ,,19' ~
************************************************************************************
CORPORATE ACKNOWLEDGMENT
THE STATE OF...TEXAS,
COUNTY OF L)~7~ 7-0/9 }
BF~ORE M.~, the unders,gned, a Notary Pubh~, on this day personally appeared /L~IC H/~ E'L ~ ._"]-~=-Z ) .
me to be llie person and officer whose nan~e is subscnhed to.,lbe foregomglnstmment and acknowledged lo me that the same
was the act of the smd (_r, T¥ ~d,A' /J~",A/?O Ad , a corporatton, that he/she was
duly authorized to perform the same by appropriate resoluUon of ~he board of d~ectors of such corporation and that he/she
executed the same as the act of such corporation for the purposes and conslderaUon thereto expressed, and m the capacity
thereto stated
Texas Depatlmcn! of Transporlatton
Form D 15 14
Page 3 of 3 Rev 9/91
After recording please return th~s instrument to'
CITY OF DENTON
221 N. Elm St.
Denton, Texas 76201
Attn. Paul Williamson
CERFI~ICAIE Ol~ RECORDING
TIlE STATE OF TEXAS, }
COUNq~Y OF DENTON }
EXHIBIT "A"
County Denton Page 1 of 1
H~ghway U.S. 77
Project Limits From I.H. 3§ Rev October 27, 1994
To
CSJ 0195-02-
Account'
FIELD NOTES FOR PARCEL 38
BEING A PARCEL OF LAND SITUATED IN A CALLED 0.395-ACRE TRACT OF LAND CONVEYED TO THE CITY
OF DENTON, RECORDED IN VOLUME 1181, PAGE 104 (TRACT 2), DEED RECORDS OF DENTON COUNTY,
TEXAS (DRDCT), AND BEING PART OF THE DAVIS TRIANGLE ADDITION RECORDED IN CABINET J, PAGE 27,
MAP RECORDS OF DENTON COUNTY, TEXAS {MRDCT), BEING SITUATED IN THE B.B.B & C.R R SURVEY,
ABSTRACT NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCING for reference at a set 5/8-~nch iron rod for the southwest comer of said City of Denton, Tract 2,
THENCE S 88° 40' 48" E, along the south line of said Tract 2, a distance of 301 83 feet to s set 5/8-inch ~ron
rod with an aluminum cap for the POINT OF BEGINNING, being a point on the new south Hght of way line of
U S 77 and sa~d point being on a non-tangent circular curve to the left having a radius of 3759 72 feet,
(1) THENCE northwesterly, along the new south right of way line of U S 77 and said curve to the
left, through a delta angle of 00° 55' ES", an arc d~stance of 61 15 feet, and hawng a chord
which bears N 65° 13' 57" W, a distance of 61 15 feet to a set 5/8-Inch iron rod w~th an
aluminum cap, said point being the beginning of a reverse curve to the right having a radius of
3879.72 feet,
(2) THENCE northwesterly, along the new south right of way line of U.S 77 with said curve to the
right, through a delta angle of 01 o 54' 05", an am distance of 128 75 feet, end having a chord
which bears N 64° 44' 52" W, a distance of 128 74 feet to a set 5/8-tach ~ron rod with an
aluminum oap~
(3} THENCE S 84° 44' 05' W, with the new south right of way line of U S 77, a distance of 28 37
feet to s sst 5/8-inch iron rod with an aluminum cap, said point being on the wast line of sa~d
T~act 2 and east right of way line of Windsor Dr~ve {60-foot right of way), and being ~n a
non-tangent circular curve to the left hawng a radius of 570 83 feet,
(4) THENCE northeasterly, along the west hne of said Tract 2 and said curve to the left, through a
delta angle of 04° 45' 48", an arc distance of 47.46 feet, and having a chord whmh bears
N 46° 25' 58" E, a distance of 47 44 feet to a point being the northwest corner of said Tract 2,
and said point being on the existing south right of way line of U S 77, and the east nght of way
line of said Windsor Drive,
{5) THENCE S 58° 18' 30' E, along a line common to said Tract 2 and ex,sting south right of way
line of U $ 77, a distance of 211.20 feet to a point being the southeast comer of said Tract 2,
(6) THENCE N 88° 40' 48' W, along the south line of said Tract 2, a distance of 13 87 feet to the
POINT OF BEGINNING, and containS.093 acre, or 4,051 square feet of land, more or less
John ~: W,lder, R P L S ~ood,~!~..~.__'.,V]L~JE-R ~ Date