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Home My WebLink AboutResolution No. 2017-040CITY OF THE COLONY, TEXAS RESOLtiTION NO. 2017- 0 40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING AND APPROVING THE EXECUTION OF A SPECIAL WARRANTY DEED BY AND BETWEEN THE COLONY LOCAL, DEVELOPMENT CORPORATION AND THE CITY OF THE COLONY, A TEXAS HOME -RULE MUNICIPALITY, CONCERNING THE CONVEYANCE OF AN APPROXIMATELY 3.388 ACRE TRACT OF LAND; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, The Colony Local Development Corporation (hereinafter referred to as the "LDC") has been created and organized as a public, nonprofit local government corporation incorporated pursuant to Subchapter D of Chapter 431, Texas Transportation Code, as amended to aid, assist and act on behalf of the City of The Colony, Texas (hereinafter referred to as the "City") in the performance of the City's governmental functions; and WHEREAS, LDC is the sole owner of the approximately 3.388 acres of land the subject of the Special Warranty Deed, a copy of which is attached hereto as Exhibit A; and WHEREAS, on or about April 18, 2017, the Board of Directors of the I.DC approved the Special Warranty Deed, a copy of which is attached hereto as Exhibit A, conveying an approximately 3.388 acre tract of land to the City; and WHEREAS, the City Council for the City of The Colony, Texas, finds and determines it is in the best interest of the City of The Colony, Texas, to approve the Special Warranty Deed by and between the LDC and the City, a copy of which is attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COtiNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: SECTION 1. The findings set forth above are hereby found to be true and correct findings of the City and are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. The City Council of the City of The Colony, Texas, does hereby approve and authorize the President of the LDC to execute the Special Warranty Deed by and between the LDC and the City, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes. SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Resolution, or application thereto to any persons or circumstances, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Resolution; and the City Council hereby declares it would have passed such remaining portions of this Resolution despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. This Resolution shall become effective immediately upon passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 1St" day of APRIL, 2017. A7 T: WC� ''a Tina Stewart, TRMS, City Secretary APPROVED AS TO FORM: e Me ourry, '.Mayor Page 2 I 6!'IIII017-47937* idIdIIIVIIVI'h0111 Recorded On: April 25, 2017 12 53 PM Total Recording: $46 00 v WUIILy VIGIM Instrument Number: 47937 Real Property Recordings DEED MAY ! RE 'p Number of Pages: 6 " Examined and Charged as Follows: " *********** 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: Document Number. 47937 Receipt Number: Recorded Date/Time User: Station 20170425000452 April 25, 2017 12 53 PM Brandy F Station 25 Record and Return To: CITY OF THE COLONY CITY SECRETARY'S OFFICE 6800 MAIN ST THE COLONY TX 75056 M'•�N.� �C��NTK STATE OF TEXAS COUNTY OF DENTON ' I hereby certify that this Instrument was FILED In the File Number sequence on the date/time hereon, and was duly RECORDED in the Official Records Denton County, Texas. printed of Juli Luke 18 �,.� County Clerk "'""`~ Denton County, TX AFTER RECORDING, RETURN TO: City Secretary City of The Colony, Texas 6800 Main Street The Colony, Texas 75056 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE :NUMBER. SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALI, MEN BY THESE PRESENTS: COUNTY OF DENTON § THE COLONY LOCAL DEVELOPMENT CORPORATION, a Texas non-profit corporation ("Grantor"), for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($10.00) cash, and other good and valuable consideration paid to Granior by the CITY OF THE COLONY, TEXAS, a Texas home -rule municipality ("Grantee"), the receipt and sufficiency of which are hereby fully acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY, unto Grantee, certain real property in Denton County, Texas, to -wit: Being Lot 4, Block A, Grandscape Addition, Phase II, an addition to the City of The Colony, Denton County, Texas, and more particularly described and/or depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes (the "Land"), TOGETHER WITH, all and singular, the rights, benefits, privileges, easements, hereditaments, appurtenances, buildings, other improvements and interests located thereon or in anywise appertaining thereto (said Land and all rights, benefits, privileges, easements, hereditaments, appurtenances, buildings, other improvements and interests being hereinafter referred to as the ("Property"). For the same consideration recited above, Grantor hereby BARGAINS, SELLS AND TRANSFERS, without warranty, express or implied, all interest, if any, of Grantor in (i) strips or gores, if any, between the Land and abutting or immediately adjacent properties, and (ii) any land lying in or under the bed of any street, alley, road or right-of-way, opened or proposed, abutting or immediately adjacent to the Land, but not including any right or interest in or to any contiguous or abutting lands owned by Grantor or its assigns. This conveyance is made and accepted subject to the matters of record as of the date hereof. Grantor conveys the Property "As Is" without further representation. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property unto the said Grantee, and Grantee's successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof when the claim is by, through or under Grantor, but not otherwise. EXECUTED as of this day ofAvo: ( 92017. GRANTOR: THE COLONY LOCAL DEVELOPMENT CORPORATION, A Texas non-profit corporation President ATTE M Richard Boyer, S c etary AS TO City Attorney ESTATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on this qday of , 2017, by Joe '.vlcCourry, President of The Colony Local Development Corporation, a Texas non-profit corporation, and acknowledged to me that he executed the same for the purposes and consideration therein expressed on behalf of said corporation. ,.�;N"'�;'� JULIE �RRINGTON ary Public in an fo e State of Texas =�f. *:$ Notary Public, State of Texas �* +r. Comm. Expires 12.12 2017 Notaty 10 125541163 GRANTEE: Acknowledged and Accepted: CITY OF THE COLONY, TEXAS, A Texas home -rule municipality By: - Powell City Manager �y.••'r"' C� AT T: A # ��} -- .: Tina Stewart TEX A� City Secretary Exhibit A Legal Description of the Property WATER 2 SPOWY S%ri'E6 20 DRAINAGE EA5E1lFMT " _ 2M-36 R 1 DM' OXY OC,7 � \'jR =225.73 CH NOW001 \6 = 30W42" CHL = 2756' L - 118'.30'tit \ t' `b �� CH = N15'69'58 E \� `17.14' /f �24 wru�,ccesa ~' °�p�, R' 760 ',✓ ' �. ``, �\ �� MORN �•� iASEMEld7, C.C. F6.,I rx) � " L = +'76 C.T lt.7u'�•,~�i ,\; 41.01' ��O.b.R.C.��; �ti \ L = 476 /0' vartmr lu MsDw .T5OF8 1 87.50 � L - 81.09'' � , ., 1 CHL R 4 R = -ta' 7mim EW. 40'0 � '�` • � l = , � \ , - E tMDtH S t� E � • ` ML - 52.85' LOi 4, BLOCK A 72.29' iy 3Z38 ACRES /J a 11E (+4756: SUM FEE» Ir x 70' vrlenm• ~M F1WMEL F1AOR 11tlAlIClf i75E1LMT ` •' �// MAIM, : $10.50 ew,r.rE S.Ui. 7 s 7 11" 0 lr ISS G -M 37' 10" 1 c R=i13D.W T -352.1f' 1 L=d82.77' RflWMM OF A PO" M OF A CH -1 W02771 1 CL -672.43' i ! SEE SI -W 5 OF 8IW U, 9WX ND, 3D74-70577 O.FJW.CT �Iw "rwww ww.��ww�rw-aw��iw NO 0 MTp. W ARE 183), "OR ATE, CITY V50 i 4322' �" �r_ ` �1�ti� 4•y��Of ooi �p'��. .- L.C. 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