A portion of the land (surplus land), described in Exhibit A, is no longer needed for a state highway purpose.

Transcription

1 TEXAS TRANSPORTATION COMMISSION DENTON County MINUTE ORDER Page 1 of 2 DALLAS District In the city of Northlake, DENTON COUNTY, on INTERSTATE 35W, the State of Texas (state) acquired certain land for a state highway purpose by instrument recorded under County Clerk's File Number of the Deed Records, Denton County, Texas. A portion of the land (surplus land), described in Exhibit A, is no longer needed for a state highway purpose. Northport Commercial, Ltd., a Texas limited partnership (owner), has conveyed to the state land needed for a state highway purpose (new land), described in Exhibits B and C, and desires to make a partial donation to the state of the difference in value between the new land and the surplus land. V.T.C.A., Transportation Code, Chapter 201, Subchapter D, authorizes the Texas Department of Transportation (department) to accept donations of real property for the purpose of carrying out its functions and duties. V.T.C.A., Government Code, Chapter 575, requires the Texas Transportation Commission (commission) to accept by majority vote at an open meeting any gift or donation valued at over $500, and the commission hereby finds that acceptance of the donation will provide a significant public benefit and will not influence or reasonably appear to influence the department in the performance of its duties. An Agreement Concerning the Donation of Property to the Texas Department of Transportation (donation agreement) has been executed by the owner and tendered to the department for acceptance under the provisions of Title 43, Texas Administrative Code, Chapter 1, Subchapter G, since the value of the new land provided by the owner, which is $1,255,707, exceeds the value of the surplus land, which is $1,045,500. The owner has executed and delivered a conveyance document under the terms of the donation agreement to convey the new land to the state and has requested that the state's rights, title and interest in the surplus land be conveyed to the owner. In accordance with V.T.C.A., Transportation Code, Chapter 202, Subchapter B, the commission may recommend the exchange of surplus land as partial or full consideration for other land needed for a state highway purpose. It is the opinion of the commission that it is proper and correct that the state convey its rights, title and interest in the surplus land to the owner in exchange and as consideration for the partial donation and the conveyance of the new land to the state.

2 TEXAS TRANSPORTATION COMMISSION DENTON County MINUTE ORDER Page 2 of 2 DALLAS District IT IS THEREFORE ORDERED by the commission that the executive director is hereby authorized to accept the donation of the new land and that the executive director or the director's designee is authorized and directed to sign and execute a donation agreement with the owner, in accordance with Title 43, Texas Administrative Code, Chapter 1, Subchapter G. FURTHER, in consideration of the foregoing premises and in accordance with V.T.C.A., Transportation Code, Chapter 202, Subchapter B, the commission finds that the surplus land is no longer needed for a state highway purpose and recommends, subject to approval by the attorney general, that the Governor of Texas execute a proper instrument conveying all of the state's rights, title and interest in the surplus land to the owner in exchange and as consideration for the conveyance of the new land to the state. Recommended by: Executive Director 11087i FEB Minute Number Date Passed

3 EXHIBIT "A" Denton County Page 1 of 2 Highway I.H. 35W August 29,2001 I SURPLUS PROPERTY Hectare [1.600 AC.] Tract of Land In the Lewis Medlin Survey, Abstract No. 830 City of Northlake Denton County, Texas BEING a hectare [1.600 acre] parcel of land, situated in the Lewis Medlin Survey, Abstract No. 830, Denton County, Texas, and being part of a called acre tract of land deeded to the State of Texas, as recorded in County Clerk File No. (CC) , of the Deed Records of Denton County, Texas (DRDCT), Said hectare [1.600 AC.] parcel of land being more particularly described by metes and bounds as follows: COMMENCING at a %-inch iron rod found, said point being the northeast corner of the' remainder of a called acre tract of land as deeded to James R. Egelston, Trustee, as recorded in Volume 1615, and Page 439, DRDCT, same being the northwest comer of the remainder of a called acre tract of land as deeded to James R. Egelston, Trustee, as recorded in Volume 161 5, Page 444, DRDCT, and being in a public road known as Sam Lee Lane; THENCE North 89 degrees 38 minutes 03 seconds West, along the centerline of said public road, along the north line of said acre remainder tract, a distance of 1, meters [3, feet] to a point, said point being the northwest comer of said acre remainder tract, same being the northeast corner of said acre State of Texas tract, and being in the south line of a called acre tract of land as deeded to James R. Egelston, Trustee, as recorded in Volume 1615, Page 448, DRDCT and being in the existing southeasterly right-ofway line of Interstate Highway 35W (I-35W) (variable width right-of-way); THENCE South 56 degrees 17 minutes 11 seconds West, along the existing southeast right-ofway line of I-35W a distances of meters feet] to a TxDOT brass cap set in concrete found; THENCE South 22 degrees 19 minutes 05 seconds West, continuing along said existing right-ofway line a distance of meters [56.42 feet] to a 518-inch iron rod with cap marked "Carter Burgess" found, said point being the most southerly corner of Parcel 1, Part 1 of the new right-of-way improvements along said Interstate, as per TxDOT project, Control No. of in Denton County, and being the POINT OF BEGINNING; 1) THENCE South 22 degrees 19 minutes 05 seconds West, continuing along said existing right-of -way line a distance of meters r feet] to a TxDOT aluminum cap found; 2) THENCE South 12 degrees 34 minutes 14 seconds West, continuing along said existing right-of-way line a distance of meters [ feet] to a 518-inch iron rod with plastic cap marked "Carter Burgess" found;

4 EXHIBIT "A" Den ton County Page 2 of 2 Highway I.H. 35W I August 29,2001 SURPLUS PROPERTY Hectare [1.600 AC.] Tract of Land In the Lewis Medlin Survey, Abstract No. 830 City of Northlake Denton County, Texas 3) THENCE North 44 degrees 3 1 minutes 38 seconds West, leaving said existing right-ofway line with the new right-of-way line of I-35W, a distance of meters [ feet] to an angle point; 4) THENCE North 36 degrees 09 minutes 23 seconds East, continuing along the new rightof-way line of I-35W a distance of meters [ feet] to the POINT OF BEGINNING and containing hectares [ acres] of land more or less. Basis of bearing for this description is the TxDOT surface coordinate system. \ A plat of even survey date herewith accompanies the legal description. ' Bearing basis is TxDOT surface coordinate system.

5 9 I. 'FROPOLED RIGWT OF WAY LINE TxDOT CONTROL M) ) A LEGAL DESCRIPTION Ar EVEN SURVEY DATE HEREWITH ACCOMPANIES TH[S PLAT &C. R. R. SURVEY VOL. 1615, PC #' IRON ROD WITH PLASTIC 1 D. f?. D. C. T. CAP MARKED CARTER AM) BURGESS : SET, UNLESS OTHERWISE NOTED 1 N89" 38' 03"W I I LO >a Ill- > r LT 3w I ztau JAMES R. EGLSTON, TRUSTEE (REMAINDER OF A CALLED AC. TRACT) C AC. 1 VOL. 1615, PG. 439 D.R.D.C.T. ~[NG C ' I LEW I S MEDL I N SURVEY ABSTRACT NUMBER 830 z m STATE OF TEXAS D. R. D. C. T. S.H SURPLUS PROPERTY. I- ~3 m A PLAT OF A SURVEY OF A a I ha [ AC.1 TRACT OF LAND IN THE LEWIS MEDLIN SURVEY GRAPHIC SCALE ABSTRACT NUEdBER 830 AUGUST 29, CITY OF NORTHLAKE MTE om 50m 75m loom DENTON COUNTY, TEXAS

6 EXHIBIT B County Denton Parcel 1 Part 1 Highway I.H. 35 W Project Limits: From S.H. 114 To 1.6 Miles North CSJ: Acct: Page 1 of 2 D-15 January, 2000 Legal Land Description for Parcel 1 Part 1 BEING hectares [0.017 acres] of land, more or less, situated in the Lewis Medlin Survey, Abstract Number 830, Denton County, Texas, and being a part of the remainder of a acres tract of land conveyed to James R. Egelston, Trustee by deed as recorded in Volume 1615, Page 439, Deed Records of Denton County, Texas, Bearing basis is TxDOT surface coordinate system. Said hectares C0.017 acres] of land being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch iron rod found at the northeast comer of said Egelston tract and in the south line of a acres tract of land to James R. Egelston, Trustee by deed as recorded in Volume 1615, Page 449 of said deed records and being the northwest comer of the remainder of a acres tract conveyed to James R.Egelston, Trustee by deed recorded in Volume 16 15, Page 444 of said deed records; THENCE North 89 degrees 38 minutes 03 seconds West along the common line of said acres tract and acres remainder tract a distance of 1, meters [ feet] (TxDOT deed call as recorded in County Clerk Number 97-ROO64701 of said deed records, North 89 degrees 37 minutes 23 seconds West a distance of 1, meters [3, feet] ) to the northwest comer of said acres remainder tract and in the south line of said acres tract and in the existing southeasterly right-of-way line of Interstate Highway 35W; THENCE South 56 degrees 17 minutes 1 1 seconds West continuing along the west line of said acres tract and the existing southeasterly right-of-way line of said highway a distance of meters [ feet] (deed call of South 56 degrees 18 minutes 09 seconds West) to a 518 inch iron rod with plastic cap marked Carter Eurgess set for the POINT OF BEGINNING; (1) THENCE South 37 degrees 42 minutes 30 seconds West departing th:: existing southeasterly right-of-way line of said highway a distance of rneters [98.95 feet] to a 5/8 inch iron rod with plastic cap marked Carter Burgess set in the existing southeasterly right-of-way line of said highway;

7 EXHIBIT B County Denton Parcel 1 Highway T.H. 35 W Project Limits: From S.H. 114 To 1.6 Miles North CSJ: Acct: Page 2 of 2 D-15 January, 2000 Legal Land Description for Parcel 1 Part I (2) THENCE North 22 degrees 19 minutes 05 seconds East along the existing southeasterly right-of-way line of said highway a distance of meters [56.42 feet] to a Texas Department of Transportation brass cap set in concrete found; (3) THENCE North 56 degrees 17 minutes 11 seconds East continuing along the existing southeasterly right-of-way line of said highway a distance of meters [47.00 feet] to the POINT OF BEGINNING and containing hectares [0.017 acres] of land, more or less. A plat of even suvey date herewith accompanies the legal description. P William C. Boden Registered Professional Land Surveyor Texas Registration No. 1932

8 J EXISTING R I GHT-OF-WAY Ac. JAMES R. EGELSTON, TRUSTEE VOL PC. 449 O.R.D.C.T. N89 S8'0S'~ m [3,S37.51 '1 l f xoot OEEO CC No R.OQ64.79.I CALL..... ~89'37'2f "W I I POINT OF COWENCINC PARCEL 1 PART 1 POINT OF BEGINNING PARCEL 1 PARTI I'd REMAINDER of o Ac. TRACT JAMES R. EGELSTON VOL. 1615, PC. 444 D.R.D.C.T ho C0.017 Ac.1 REMA l NDER OF ACRES JAMES R. EGELSTON, TRUSTEE DEED VOL. 1615, PG. 439 D.R.D.C.T. NOTE : BEARING BASIS IS TxOOT SURFACE COORDINATE SYSTEM. A PLAT OF A SURVEY OF A ha A LEGAL DESCRIPTION AT EVEN SURVEY DATE HEREw I TH (0.017 AC. 1 TRACT OF LAND IN THE LEWIS MEOLlN SURVEY ACCOMPANIES THIS PLAT. ABSTRACT NUMBER S/g "' IRON ROD WI TI4 PL.45.T IS CAP C 1 Ty OF NORTHLAKE DENTON COUNTY, TEXAS MARKED CARTER BURGESS 5E T, UNLESS OTHERWISE NOTED,

9 EXHIBIT B County Denton Parcel 1 Part 2 Highway I.H. 35 W Project Limits: From S.H. 114 To 1.6 Miles North CSJ: Acct: Page 1 of 3 D-15 January, 2000 Legal Land Description for Parcel 1 Part 2 BEING hectares [3.186 acres] of land, more or less, situated in the B.B.B. & C. R.R. Survey, Abstract Number 189, Denton County, Texas, and being a part of a acres tract of land conveyed to James R. Egelston, Trustee by deed as recorded in Volume 161 5, Page 449, Deed Records of Denton County, Texas, Bearing basis is TxDOT surface coordinate system, Said hectares [3.186 acres] of land being more particularly described by metes and bounds as follows: COMMENCING at a 112 inch iron rod found in the south line of said Egelston tract and being the northeast comer of the remainder of a acres tract of land conveyed to James R. Egelston, Trustee by deed as recorded in Volume 161 5, Page 439 of said deed records and being the northwest comer of the remainder of a acres tract conveyed to James R.Egelston, Trustee by deed recorded in Volume 161 5, Page 444 of said deed records; THENCE North 89 degrees 38 minutes 03 seconds West along the common line of said acre tract and said acre tract a distance of 1, meters [3, feet] (TxDOT deed call as recorded in County Clerk Number 97-ROO64701 of said deed records, North 89 degrees 37 minutes 23 seconds West a distance of 1, meters [3, feet] ) to the southwest corner of said acre tract and being in the existing southeasterly right-of-way line of Interstate Highway 35W; THENCE North 00 degrees 00 minutes 35 seconds West continuing along the west line of said acre tract and the existing southeasterly right-of-way line of said highway a distance of meters [13.50 feet]; THENCE North 08 degrees 58 minutes 33 seconds West continuing along the west line of said acre tract and the existing southeasterly right-of-way line of said highway a distance of meters [39.34 feet] to a 5/8 inch iron rod with plastic cap marked Carter Burgess set for the POINT OF BEGINNING and being in the new southeasterly right-of-way line of said highway;

10 EXHIBIT B County Denton Parcel 1 Part 2 Highway I.H. 35 W Project Limits: From S.H. 114 To 1.6 Miles North CSJ: Acct: Page 2 of 3 D-15 January, 2000 Legal Land Description for Parcel 1 Part 2 (1) THENCE North 08 degrees 58 minutes 33 seconds West continuing along the west line of said acre tract and the existing southeasterly right-of-way line of said highway a distance of meters feet]; (2) THENCE North 33 degrees 18 minutes 53 seconds East continuing along the northwesterly line of said Egelston tract and the existing southeasterly right-ofway line of said highway a distance of meters [ feet] to a point; (3) THENCE North 37 degrees 42 minutes 48 seconds East continuing along the northwesterly line of said Egelston tract and the existing southeasterly right-ofway line of said highway a distance of meters [1, feet] to a 112 inch iron rod found at the northeast comer of said Egelston tract and in the existing southeasterly right-of-way line of said highway and being the most westerly northwest comer of a acres tract of land conveyed to Centurion American Custom Homes, Inc. by deed as recorded in County Clerk Record File Number 97-R , of said deed records; (4) THENCE South 00 degrees 14 minutes 05 seconds West departing the existing southeasterly right-of-way line of said highway and along the east line of said Egelston tract and the west line of said Centurion tract a distance of meters [ feet] to a 518 inch iron rod with plastic cap marked Carter Burgess set in the new right-of-way line of said highway and in the common line of said Egelston tract and said Centurion tract;

11 EXHIBIT B County Denton Parcel 1 Part 2 Highway I.H. 35 W Project Limits: From S.H. 114 To 1.6 Miles North CSJ: Acct: Page 3 of 3 D-15 January, 2000 Legal Land Description for Parcel 1 Part 2 (5) THENCE South 37 degrees 42 minutes 26 seconds West departing the common line of said Egelston tract and said Centurion tract and along the new right-of-way line of said highway a distance of meters [1, feet] to the POINT OF BEGINNING and containing hectares [3.186 acres] of land, more or less. A plat of even survey date herewith accompanies the legal description. ~filiam C. Boden Registered Professional Land Surveyor Texas Registration No. 1932

12 EXHIBIT "0" 8.B.B. & C. R.R. SURVEY ABSTRACT 189 PARCEL NO.CINE ~o.1 BEARING (OIST. m 101~1 ft. I I L-1 ~~00'14'05"~~44.927rn L147.40'1 NOTE : A LEGAL OESCRIPT ION AT EVEN SURVEY DATE,,,. HEREWl TH ACCOMPANIES TH l S PLAT. - GRAPWIC SCUC t l 200 REMAINDER of o ACRES VOL. 1615, PC. 449 D.R.D.C.T. '.,,..,, B.B.B. & C. R.R. SURVEY ABSTRACT 189 A PLAT OF A SURVEY OF A I,289ho (3.186 AC. 1 TRACT OF LAND IN THE B.B.B. 8 C. R.R. SURVEY ABSTRACT NUMBER 189 C l TY OF NORTHLAKE DENTON COUNTY, TEXAS.', 'JAMES R. EGELSTON, TRUST VOL PC. 139 W1S MEDLIN SURVEY D.A.D.C.T, ABSTRACT P--= :1 :BCEL I PART r?

13 EXHIBIT "C" County: Collin Road: Interstate Highwav Number 35W Project Limits: From State Hi~hwav Number 1 14 To 1.6 Miles North ROW CSJ: Page: I of 1 July 2,2004 Control of Access Clause for Parcel 1 Access will be permitted to the southeast remainder abutting the highway facility along Call 1 of Part 1 of the foregoing property description. Access will be permitted to the southeast remainder abutting the highway facility from a point being the beginning of Call 5 of Part 2 of said description to a point being South 37 degrees 42 minutes 26 seconds West a distance of meters [1, feet] from the beginning of Call 5 of Part 2 of said description. Access will be denied to the southeast remainder abutting the highway facility for a distance of meters [ feet] from a point being South 37 degrees 42 minutes 26 seconds West a distance of meters [1, feet] from the beginning of Call 5 of Part 2 ofthe foregoing property description to the end of Call 5 of Part 2 of said description.