HomeMy WebLinkAboutResolution No. 2011-021CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2011-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR THE
PURCHASE OF THE APPROXIMATELY 0.597 ACRE TRACT OF
LAND, BEING LOT 1 AND 2, BLOCK 1 OF FOOD LION ADDITION,
CITY OF THE COLONY, DENTON COUNTY, TEXAS, AND
GENERALLY LOCATED AT 6804 MAIN STREET, THE COLONY,
DENTON COUNTY, TEXAS, AS FURTHER DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
WHEREAS, on November 16, 2010, the City Council of The Colony, Texas, authorized
the City Manager to execute a real estate sales contract for the purchase of the approximately 0.597
acre tract of land, being Lot 1 and 2, Block 1 of the Food Lion Addition, City of The Colony,
Denton County, Texas, and generally known as 6804 Main Street, The Colony, Denton County,
Texas; and
WHEREAS, the City Council of The Colony, Texas, desires to authorize the City Manager
to execute all closing documents necessary for the purchase and acquisition of Lot 1 and 2, Block I
of the Food Lion Addition, City of The Colony, Denton County, Texas, and generally known as
6804 Main Street, The Colony, Denton County, Texas.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. That the foregoing recitals are hereby found to be true and correct findings
of the City of The Colony, Texas, and are fully incorporated into the body of this Resolution.
SECTION 2. That the City Council of the City of The Colony, Texas, does hereby
authorize the City Manager to execute any and all real estate closing documents necessary for the
purchase and acquisition of the approximately 0.597 acre tract of land, being Lot 1 and 2, Block I of
the Food Lion Addition, City of The Colony, Denton County, Texas, and generally known as 6804
Main Street, The Colony, Denton County, Texas, as further described and or depicted in Exhibit A
of this Resolution, which is attached hereto and incorporated herein for all purposes, for the
purchase price of Six Hundred Fifty Thousand and No/100 Dollars ($650,000.00).
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto 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 ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions- of this ordinance
shall remain in full force and effect.
SECTION 5. This Ordinance shall become effective immediately.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 1St day of MARCH, 2011.
Joe McCourry, Mayor
ATTES')[': '
f
Christie Wilson, City Secretary
APPROVED AS TO FORM:
off Moore, City Attorney
Page 2
Exhibit A
Description and/or Depiction
of the
Tract of Land
Page 3
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Page 4
' Exbjbit A.1 W
EXHIIATT
Legal Description of tha Demised Bxamisag
1t8INC Lot 1 in ]Back 1 of ?WD LIM AOaITION, an Addition to The City of
The Colour, nstnton County. Texas, according to tha.Plat therect; racordaa
In Cebinat A, Page 319, Plat Records, 10aoton •County, Taus, -amid baing
pore particularly described by Dsret add bouade ■s follwmt `
86ING a 0.738 acres tract of land in the S.Y. VAMES SURVEY, A15.5T'ttACr tla.
548 situatad in the City of 'Ebe Colony, Nntoa County, Texas, and being m
portion of that cartain tract coavayad to .1VItax Davalopaaut No. 9, lac.
as avideneed by the dead recorded is Yoluua 2857, Pago 118 of the Deed
Records of Deatort County,'Toma, slid 0.738 sera tract also being At
portion of a tract of land described in dead to Ceiutex Real EAkuta
Corporation, a Nevada Corporation. as recorded In Vol.uxe 2274r i'agr 103,
of the Deed Racorda of Deptou County, Texas ind baiug more particularly
described by wom and hounds as follows:
BEUIt IM ate a 318" iron pig found at the Intersection of the cunt right
of way line of Y.K. 423 (loot 1t.a.WJ with the mouth 'eight of way lino of
Clowning circle (5o' avid iron Pitt also being at thu northuost
corner of Lnt 16, 31nek lit of The Colony No. 31, an Addition to tits City
of 'She Colony 4S recorded iu Cabinet 3, Page 253, of the Fiat Records of
Denton County, Texas;
TURCE N 89 degrees 54 isinutna 19 seconds 8, w4th this South lime of
Chovning Circle, • distance of 199.05 feet to a 112" Iran .pin found at
the•northaaat corner of Lot 14, and the, nor.thuost corner of Lot 13, block
112 of the said na Colony, Rio. 31 Additiion;
THEL daparting the: santb line of Maiming Cirtl's. S oo depots 06
r#itutee 02 saaands It with the eoawsaoq Iine of the said lots 13 and 14, !
distance of 161.39 feat to a 111" iron pin sat;
Tvact 5 89 degrade 52 minutes 50 seconds V, it distance of 199.01 feet to
a 112" Iran pia oat on the teat right of way line of P.M. 4231
THEM9 N 00 degreea 01 minutes 10 taaeg4s u vith the acid eatit line of
E.M. 423, a dir;apea of 161.48 feet to the POINT OT 2101MMItia and .
eontainiva 32,131 squsre feet or 0,7311 acres of land,
L Jkl
EXHIBIT 'A-I' T
Exhibit Awl
F,X1i_II3t'1' "A"
COUNTY: DENTON
HIGHWAY: F.M. 423
ROW CS7: 1567-02-030
Description for Parcel 34
Page I of 3
Febttiary20, 2008
Being a 6,190 square foot tract of land situated in the S. E. Hays Survey, Abstract No.
648, In the City of The Colony, Denton County, Texas and being a portion of Lot 1, Block
1 of the Final Plat of Lot 1 and Lot 2, Block 1 of the f=ood Lion Addition, recorded in
Cabinet H, Slide 319 of the Plat Records of Denton County, Texas, as conveyed to
Stratton-Housewright Investments Metro, Ltd, recorded In County Clerk's File No.06-
11518 of the Deed Records of Denton County, Texas. Said 6,190 square foot tract being
more particularly described by metes and bounds as follows:
COMMENCING at a point for the northeast comer of said Lot 1, being the common
northwest corner of Lot 13, Block 112 of The Colony No: 31, recorded in Cabinet B, Slide
253 of the flat Records of Denton County, Texas, said point also being In the south right-
of--way line of Chowning Circle (a 50 foot right-of-way) recorded in Cabinet B, Slide 253 of
this Plat Records of Denton County, Texas. From said point a 112 inch iron rod found
bears South 00 Degrees 37 Minutes 36 Seconds East, a distance of 0.34 feet;
THENCE South 89 Degrees 22 Minutes 24 Seconds West, along the north line of said Lot
1, and the south right-o#--way line of Chowning Circle, a distance of 172.88 feet to a 618
. inch Iron rod with an aluminum cap stamped "TXDOT" set** for the POINT OF
BEGINNING;
THENCE departing said common line, over and across said Lot 1, the following courses
and distances:
(1) THENCE South 09 Degrees 16 Minutes 49 Seconds East, a distance of 60.21 feet
to an "X" Cut set for the beginning of a tangent curve to the right;
(2) THENCE along said tangent curve to the right, having a radius of 1979.86 feet, a
delta angle of 02 Degrees 58 Minutes 41 Seconds, a long chord that bears South
07 Degrees 47 Minutes 29 Seconds East, a distance of 102.80 feet, and an arc
distance of 102.91 feet to an "X" Cut set for corner In the south line of Lot 1, being
in the northerly line of Lot 2, Block 1 of said Food Lion Addition;
(3) THENCE South 89 Degrees 21 Minutes 17 Seconds West, along tiro south line, of
said Lot 1, and the common northerly line of said Lot 2, a distance of /18.44 foot to
a point for the southwest corner of said Lot 1, and the common northwest comer of
said Lot 2, and being in the east right-of-way line of Farm to Market (F.M.) No. 42:3,
as conveyed to the State of Texas recorded in Volume 1108, Page 290 of the Deed
Records of Denton County, Texas;
(4) THENCE North 00 Degrees 38 Minutes 29 Seconds West, alorrc3 the we,,at line of
said Lot 1, and the east right-of-way line of F.M. No. 423, a distance of 161.63 feet
to a point forthe northwest corner of said Lot 1, being at the into- rsection of the
Amendment to Real Estate Sales Contract Page 4 of 6
Exhibit A-2
The Monument described and set in this call, If destroyed during construction; may be
repL:tced with a TxDOT Typo II Right-of-Way Marker upon the completion of the highway
construction project underthe supervision of a Registered Professional Land Surveyor,
either employed or retained by Tx00T.
COUNTY: DENTON Page 2 of 3
HIGHWAY: F.M. 423 February 20, 2008
ROW CSJ: 1567-02-030
Description for Parcel 34
south right-of-way line of Chowning Circle; and the east right-of-way Tina of F.M. No.
423 as conveyed by a 10 foot right-of-way dedication recorded in Cabinot 13, Slide
253 of the Plat Records of Denton County, Texas. From said point a 1l2 inch iron
rod found bears South 88 Degrees 41 Minutes 35 Seconds East, a distance of 0.30
feet;
(5) THENCE North 89 Degrees 22 Minutes 24 Seconds Fast, along the north line of
Bald Lot 1, and the south right-of-way line of Chowning Circle, a distance of 26.59
feet to the POINT OF BEGINNING and containing 6,190 square feet of land, more
or less.
Basis of Bearings is based on the Texas State Plane Coordinate System, NAD 83 (1993
/adj.) North Central zone, all distances and coordinates shown are surface and may be
converted to grid by dividing by TXDOT conversion factor of 1.000150630.
A parcel plat of even data herewith accompanies this property description.
S. Vedrea ~ F'.L.S.
EX1111131T "A"
69istered Professional Land Surveyor
Texas Registration No. 4934
Carter Burgess Inc.
7950 Elmbrook Dr
Dallas, Texas 75429
214-638-0145
Amendment to Real Estate Sales Contract
February 20, 2008
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Page 5 of 6
Exhibit A-2
EXHIBIT "A"
PAGE 3 OF 3
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CAB. B1 SLIDE 253 ABSTRACT "M 1,048
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c. c. 98-003(
to f D. R. D. C. T.
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In ~ 1 ~ BL OCR 1
VOL. 2867, PG. !306
FINAL PLAT- ,
'
LOT I AND LOT 2, BLUC,t
FOOD 4;,Qp APP, , ION
CAB. Hy SLIDE 1.9
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ALL BEAR(MG) di1F, tw ri1C iEx,T3 STATE PLANE
a.amp } f Ramp
LCQrIDiNATE ';Y$T(;u, ILIA, 111 (1995 od1.1
NCRTN t NTR+L Z<iNE, aCt. 015TANOES ANO
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COORDSNAfES JiCh:I Atlf. Sl:N1:4CE AND MAY
BE CONYENTEO w {;Iau OY OIVIDINC BY TtDOT
CDNYEASION FACTOR VF 1.000130670.
Frxt3TIN0 RiGNT OF WAY L(WE
PpoDERTY LINE
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ABSTRACT NUMBER 6
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PARCEL 34
Amendment to Real Estate Sales Contract
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Page 6 of 6