Vistas of C 1stP-CN 961210CONVEYkNCE OF EXISTING FACILITIES
AND ASSIGNMENT OF CONTRACT
THE STATE OF TEXAS
COUNTY OF DENTON
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
"hUD") and the City of Coppell, Texas (the "City").
WITNESSETH:
WHEREAS, the RUD has constructed a 10-foot wide by I0-foot
high box culvert, extending approximately 1,120.14 feet from Denton
Creek to Spur 5§3 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 I.H..35-E, wi~h Mario Sinacol.a & Sons
Excavating, Inc., dated July .22, i987 (the "Constructi6n
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 i~ 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 RUDherein specifically makes the following
representations and warranties;
a. The RUD ha~ the full legal right and
authority to execute this Conveyance.
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 restrict1on 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 o= 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 10~h day of December, 1996.'
RUD:
Denton~unt~--~ad ~ 1 i ty
Barry Pdund, -Chairman
CITY:
City of Coppell, Texas
THE STATE OF TEXAS
THE STATE OF TEXAS
c0u y oF
This instrument.was acknowledged before me on the/D.~, day
of~~-~ 1996, by Barry Pound, Chairman 'of Denton County Road -
Utility District No. 1, a political subdivision, on behalf of said
subdivision.
Skate of T
Name printed or typed
My commission expires:
THE STATE OF TEXAS
the (:{~ Coppell, on beh~!f of said/city. - ~/ '
o ary Public in and for the
S~ate of T R X A S
Name prin~ed or typed
My co~ission expires:
3
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 planas
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 centefline 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.
filedesmt.95 i 0 Ia
EXHIBIT