Vistas of C 1stP-ES 961210 CONVEYANCE OF EXISTING FACILITIES
AND ASSIGNMENT OF CONTRACT
THE STATE OF TEXAS 5
COUNTY OF DENTON S
THIS Conveyance of Existing Facilities and Assignment of
Contract (this "Conveyance") is made and entered into by Denton
County Road Utility District No. 1 (hereinafter referred to as the
"RUD") and the City of Coppell, Texas (the "City") .
WITNESSETH:
WHEREAS, the RUD has constructed a 10-foot wide by 10-foot
high box culvert, extending approximately 1,120. 14 feet from Denton
Creek to Spur 553 within the 20-foot drainage easement described in
the attached Exhibit "A" (the "Box Culvert") pursuant to that
certain construction contract titled Paving and Drainage, Spine
Road, Denton Tap Road to Y .H. .35-E, with Mario Sinacola & Sons
Excavating, Inc. , dated July 22, 1987 (the "Construction
Contract") ; and
WHEREAS, construction of all the facilities pursuant to the
Construction Contract have been completed, including construction
of the Box Culvert; and
WHEREAS, the RUD is willing to convey the Box Culvert to the
City; and
WHEREAS, the City is willing to accept the conveyance of the
Box Culvert and assume responsibility for the operation and
maintenance thereof.
NOW, THEREFORE, for and in consideration of $10.00 and other
good and valuable consideration paid to the RUD by the City, the
receipt and adequacy of which is hereby acknowledged, the RUD and
the City agree as follows :
1 . The RUD does hereby transfer, grant, sell,
convey, assign and deliver to the City, its successors
and assigns, without warranty or representation, except
as expressly provided herein, all of the RUD's right,
title and interest in and to the Box Culvert constructed
pursuant to the Construction Contract including any and
all warranties running to the owner of the Box Culvert.
2 . The RUD herein specifically makes the following
representations and warranties;
a. The RUD has the full legal right and
authority to execute this Conveyance.
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b. Heretofore, the RUD has never conveyed
the Box Culvert to any other party and is not a
party to any written or oral contract which
adversely affects this Conveyance, and is not
subject to any bylaw, agreement, mortgage, lien,
lease, instrument, order, judgment, decree, or
other restriction of any kind or character which
would prevent the execution of this Conveyance.
C. The RUD is not engaged in or threatened
with any legal action or proceeding, nor is it
under any investigation, which would prevent the
execution of this Conveyance.
d. The person executing this Conveyance on
behalf of RUD has full authority to do so, and no
further official action need be taken by the RUD to
validate this Conveyance.
3 . The RUD and the City each represents that it
has not used any agent or broker to bring about this
Conveyance and agrees that np fee is due any agent or
broker by reason hereof.
IN WITNESS WHEREOF, the RUD and the City have caused their
names to be hereunto subscribed.
EXECUTED AND EFFECTIVE as of the 10th day of December, 1996.
RUD:
Denton unt -oad 'lity
Distri No.
By:
Barry P und, Ch irman
CITY:
City of Coppell, Texas
Its : /6i �r
THE STATE OF TEXAS
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THE STATE OF TEXAS S
COUNTY OF �� S
This instrument was acknowledged before me on the /02:3° da
ofd 1996, by Barry Pound, Chairman of Denton County Road -
Utility District No. I, a political subdivision, on behalf of said
subdivision.
,
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•*, CAROL J. BLAZEWICI
• Notary public Notary lic and r the
State of Texas State of T E X A S
(SE • a�,�+' Commission Expires 11-20-97 •
Name printed or typed
My commission expires: p0A7
THE STATE OF TEXAS S
COUNTY OF 1)4.114--4...) §
This instrument was ack 9wledged before me on the /6/-1) day of
199 42 by �-,,,,J — Y
• % the C ' y of Coppell, on behalf of said city. ... L...,
c ?&,(,,--->4.C96'-d-----(■-•!._
Notary Public in and for the
.�`,t'"11f,,,,,,l State of T E X A S
(SEA �j BEN A. A
`` :1lV.;17.0•%40%: <r'7`-4/C e,i 69 ac 4
�.•z° �'c. Name printed or typed
* : �1� * My commission expires : 9/..
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9.05,20' ��.'
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10' X 10' DRAINAGE BOX
BEING a centerline description of a reinforced concrete box culvert situated in the
Clarinda Squires Survey, Abstract No. 1327 and the G.C. Woolsey Survey, Abstract No.
1402 in the City of Coppell, Dallas County, Texas and being part of a storm sewer plan as
shown on sheet 53 of 86 of the construction plans by Dannenbaum Engineering
Corporation, dated February, 1986 and being part of Lot 1 in Block "G" of Vista Ridge,
an addition to the City of Lewisville as recorded in Cabinet "F", Page 271 of the Plat
Records of Denton County, Texas, said centerline being more particularly described as
follows:
BEGINNING at a point on the south line of Vista Ridge Boulevard (a variable
width right-of-way), said point being station 12+76.62 of the above said construction
plans;
THENCE S. 00°45'51" W., 1120.14 feet to the end of said 10' x 10' concrete
box, station 1+56.48.
file/esmt.95101a
EXHIBIT " A "