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HomeMy WebLinkAboutResolutions 1982 RESOLUTION WHEREAS, the City Council of the City of Denton, Texas has heretofore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described right, title and interest in the land hereinafter described; and WHEREAS, the City of Denton has been unable to agree and cannot agree with the owner upon the value of the hereafter described right, title and ~nterest in the herelnafter described land situated ~n the City of Denton, Denton County, Texas; NOW, THEREFORE, BE IT RESOL~-ED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. The City Council hereby finds and determines that it is necessary to acquire the hereinafter described r~ghts, title and interest in the hereinafter described land, and that it is necess'ary that it authorize proceeding in Eminent Domain to acquire the rights, t~tle, and ~nterest ~n the hereinafter descrlbed property. SECTION II. The C~ty Attorney of the City of Denton, Texas, is hereby authorized and d~rected to bring condemnation proceeding to obtain an all purpose utility easement ~n, over, and under the following tract of land situated in Denton County, Texas- Said easements crossing th~s property comprising two parts, as here~n designated and described, ~ncludlng (1) a permanent easement twenty (20') feet ~n width for construction, or reconstruction of utilities and appurtenances and for perpetually maintaining an all purpose utility easement, and (2) an additional area adjacent to the permanent easement forty (40') feet ~n width to be used for ~nlt~al construction. PART 1 PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNIING at a point ~n the north line of a certain f~rst tract of land conveyed to Marvin C. Burch by V. D. Burch as recorded ~n Volume 440, Page 214, Deed Records, Denton County, Texas, said point being 2663.98 feet south and 1927.68 feet east of the northwest corner of the aforementioned tract as recorded ~n Volume 239, Page 191; Deed Records, Denton County, Texas; V. D. BURCH - PAGE ONE THENCE north 38© 35' west a distance of 2464.9 feet to a point; THENCE north 47© 25' west a distance of 174.1 feet to a point; THENCE north 34© 45' west a distance of 447.0 feet to a point; THENCE north 00© 34' 30" east passing an iron p~n at 247.1 feet and 10.0 feet left, continuing in all a total distance of 252.1 feet to a point in the north fence line of said tract said point being south 89° 25' 30" east a distance of 10.0 feet from the northwest fence corner of said tract; PART 2 - CONSTRUCTION EASEMENT In addition to the 20 foot permanent easement as described above, an initial construction easement 40 foot in width is to be furnished. This easement shall be adjacent and parallel to the permanet easement and shall be 20 feet in width on each side of said permanent easement, except for the final 252.1 feet whereby said easement shall be 40 feet in w~dth and lie on the east s~de of sa~d permanent easement The construction easement to be used for ~nltlal construction only. for the purpose of constructing, reconstructing, and perpetually malntalnlng an all purpose utility easement in, on, and under said property. SECTION III. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 19th day of January, 1982. Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM.. C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS V. D. BURCH - PAGE TWO RESOLUTION WHEREAS, the City Council of the City of Denton, Texas has heretofore determined the necessity for and ordered the acqulsltlon by the Clty of Denton of the hereinafter described right, title and ~nterest ~n the land hereinafter described; and WHEREAS, the C~ty of Denton has been unable to agree and cannot agree with the owner upon the value of the hereafter described right, title and interest ~n the hereinafter descrlbed land situated ~n the City of Denton, Denton County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City Council hereby finds and determines that it is necessary to acquire the hereinafter descrlbed rights, title and ~nterest in the hereinafter described land, and that ~t is necessary that ~t authorize proceeding in Eminent Domain to acquire the rights, t~tle, and interest ~n the hereinafter described property. SECTION II. The City Attorney of the City of Denton, Texas, is hereby authorized and directed to bring condemnation proceeding to obtain an all purpose utility easement in, over, and under the following tract of land situated in Denton County, Texas. Being a tract of land situated in the J. C. Baker Survey, Abstract No. 47 conveyed to Charley R. Roach, et ux by certain Deeds of Record as shown ~n Volume 429, Page 327, Deed Records of Denton County, Texas. Said easements crossing th~s property shall be in two parts, as herein designated and described, ~nclud~ng (1) a permanent easement for construction reconstruction and perpetually ma~ntain~ng utilities and appurtenances thereto and (2) a temporary easement during initial construction. PART 1 - PERMANENT EASEMENT Thls easement shall be a str~p of land twenty-five (25') feet in width along the east side of and abutting the west property line of the said Roach tract, same also being the west l~ne of the Baker Survey, Abstract 47; BEGINNING at an steel p~n 527.6? feet northerly from the southwest corner of the Baker Survey; CHARLIE ROACH - PAGE ONE THENCE northerly along the west property line a distance of 183.74 feet to a steel pin marking the northwest corner of said Roach Tract and the termlnus of this easement; PART 2 - TEMPORARY EASEMENT Th~s easement shall be a str~p of land 25 feet in width and 183.74 feet in length adjacent to and east of the easement described ~n Part 1 above. for the purpose of constructing, reconstructing, and perpetually maintaining an all purpose utility easement ~n, on, and under sa~d property. SECTION III. Th~s Resolution shall become effective from and after its date of passage. PASSED AND APPROVED th~s the 19th day of January, 1982. ATTES~~/~~.~ V B~OOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CHARLIE ROACH - PAGE TWO RESOLUTION WHEREAS, the City Council of the City of Denton, Texas has heretofore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described right, title and ~nterest ~n the land hereinafter described; and WHEREAS, the C~ty of Denton has been unable to agree and cannot agree with the owner upon the value of the hereafter described r~ght, t~tle and ~nterest in the hereinafter described land sltuated in the City of Denton, Denton County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The C~ty Council hereby flnds and determines that it ~s necessary to acqulre the hereinafter described rights, title and ~nterest ~n the hereinafter described land, and that it is necessary that it authorize proceeding in Eminent Domain to acquire the r~ghts, title, and interest ~n the hereinafter descrlbed property. SECTION II. The City Attorney of the City of Denton, Texas, is hereby authorized and directed to bring condemnation proceeding to obtain an all purpose utility easement ~n, over, and under the followlng tract of land situated in Denton County, Texas: Said easements crossing this property comprising two parts, as herein designated and described, including (1) a permanent easement twenty (20') feet in width for construction or reconstruction of utllit~es and appurtenances, and for perpetually maintaining an all purpose utility easement, and (2) an additional area adjacent to the permanent easement forty (40') feet ~n width to be used for initial construction. PART 1 - PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNIING at a point in the east l~ne of the aforementioned tracts of land, said point being south 00o 34' 30" west a d~stance of 524.22 feet from the northeast corner of the Third Tract, sald point being ~n the west right of way line of F.M. H~ghway 1830; THENCE south 86© 30' west a distance of 258.0 feet to a point; MARVIN BURCH - PAGE ONE THENCE north 38° 35' west a distance of 699.7 feet to a point in the north llne of said Third Tract said point being north 89 25' 30" west a distance of 699.19 feet from the northeast corner of said Third Tract. PART 2. CONSTRUCTION EASEMENT. In addition to the 20 foot permanent easement as described above, an initial construction easement 40 feet in width is to be furnished. This easement shall be ad]acent and parallel to the permanent easement and shall be 20 feet in width on each side of the permanent easement. The construction easement to be used for initial construction only. for the purpose of constructing, reconstructing, and perpetually maintaining an all purpose utility easement in, on, and under said property. SECTION III. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 19th day of January, 1982. ~f~fARD O~/STEWA~T, MAYO]~ CITY OF D~NTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS MARVIN BURCH - PAGE TWO RESOLUTION WHEREAS, the City Council of the City of Denton, Texas has heretofore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described right, title and interest in the land hereinafter described; and WHEREAS, the City of Denton has been unable to agree and cannot agree with the owner upon the value of the hereafter described right, title and Interest in the hereinafter described land situated in the City of Denton, Denton County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS. SECTION I. The City Council hereby finds and determines that necessary to acquire the hereinafter described rights, title and interest in the hereinafter described land, and that it necessary that it authorize proceeding in Eminent Domain to acquire the rights, title, and interest in the hereinafter described property. SECTION II. The City Attorney of the City of Denton, Texas, is hereby authorized and directed to bring condemnation proceeding to obtain an all purpose utility easement in, over, and under the following tract of land situated in Denton County, Texas Said easements crossing this property comprising two parts, as herein designated and described, including (1) a permanent easement twenty (20') feet in width for construction, or reconstruction of utilities and appurtenances and for perpetually maintaining an all purpose utility easement, and (2) an additional area adjacent to the permanent easement forty (40') feet in width to be used for initial construction. PART 1 PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the east line of the aforementioned tract of land said point being in the center of Hickory Creek at a point which bears north 35° 11' 48" east a distance of 4353.19 feet from the southwest corner of said tract; THENCE north 81© 25' west a distance of 132.0 feet to a point; M. C. BURCH - PAGE ONE THENCE north 18© 17' west a distance of 857.0 feet to a point; THENCE north 77© 00' west a distance of 650.0 feet to a point in the west fence line of said tract, said point being north 18 01' 32" east a distance of 4771.16 feet from the southwest corner of said tract of land; PART 2 - CONSTRUCTION EASEMENT In addition to the 20 foot permanent easement as described above, an lnltlal construction easement 40 foot in width is to be furnished. This easement shall be adjacent and parallel to the permanent easement and shall be 20 feet in width on each side of said permanent easement. The construction easement to be used for initial constructlon only. for the purpose of constructing, reconstructing, and perpetually ma~ntalnlng an all purpose utility easement in, on, and under said property. SECTION III. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 19th day of January, 1989. ~IC~RD O. -~T~WA~/~, --MAYOR"f/ CI~IY OF DE~TON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS M. C. BURCH - PAGE TWO RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated December 4, 1981, between the City of Denton and the Atchison, Topeka & Santa Fe Railway Company relating to the construction and maintenance of one pipe line seventeen point three (17.3) feet in length and seventeen point forty (17.40) inches ~n diameter, across or along the right of way of L~censor at or near the station of M~nch~n, Denton County, Texas, being Print No. X-6179. PASSED AND APPROVED th~s the ~-~ day of January, 1982. ATTEST .' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Ct ~1044 PIPE LINE LICENSE THIS LICENSE, Made thls---4-tl]_ .. day of__ December __ ---, 19_81_, between .... ~S_¢j~.. T~0_P_EJ~_...A~!_SANTA ~..._I~k_Z_L]~.A_Y ._C.0¥~PANY_, __ , Delaware a ..................... corporation (hereinafter called "L~censor"), party of the first part, and CITY OF DBNTON, TEXAS, a Mun~cxpa_l~ c_o_rpo_r_a_t~n~_a_c_t~__n_g_ her~_n_b¥ _._M.ayqr.~__h_ereunto duly a_u.tho___r..zz_ed_~ ........................ (l'l[re-l~after, whether one or more, called "heensee"), party of the second part WITNE$SETH, That the part,es hereto for the considerations hereinafter expressed covenant and agree as follows. 1 Subject to the terms and conditions hereinafter set forth, Licensor hcenses L~censee to construct and mamtaln~ one ( i ) p~pe hne~_, _~yent_e~n..t~o~nt three (17.__~) feet ~n length and _ --(L7~-40) .... roches in dmmeter (hereinafter, wh~ther one or more pipe bnes, called the "PIPE LINE"), across or along the r~ght of way of Lmensor at o~ near the station of__Iq_~II_ch._~n, ___CQ~M~/, Tex0,~ ..... the exact location of the PIPE LINE being more particularly shown by red colortag upon the print hereto attached, No _X-_6179__ ..... , dated December 2, _ _].9~L,_ ............................... , ma~ked "l~h~b~t A" and made a part hereof 2 Licensee shall use the PIPE LINE solely for carrying_ _~s.e__w._a~e_ ~d s~al]-~-u~';t't~ ~'r~y-~'n~ ~'ther c<~r~n~-t'~ or--~-~ny other purpose whatsoever. 3 L~cen,see shall pay L~censor as compe~sat~o~ roi this hcense the sum of One_ _ _ _elL r £$L 0_(LI.-. ......................................................... 4 Licensee shall, at ~ts own cost and sub, oct to the superv~slon and control of L~censor's chief engineer, locate, construct and maintain the PIPE LINE ~n such a manner and of such matsllal that ~t ~vlll not at any t~me be a source of danger to ol ~nterfcre~ce ~v~th the present or futme tracks, roadbed and property of Licensor, or the safe operation of ~t~ r~hoad In cases where the L~censee is permitted ,under paragraph 2 hereof to use the PIPE LINE fo~ o~1, gas, petroleum products, or othm fl,~mmable or highly volatile substances under pressure, the ~'[PE 'LINE sh~ll be constructed, inst~dlcd ~nd'thereafter m'amta~ned in conformity with the pi~ns and specifications shown on print he~eto attached m such cases, marked Exhibit B and made a part hereof If at any t~me Licensee shall, m the ~udgment of L~censor, fa~] to perform properly Its obl,gatlons under this paragraph, censor may, at ~ts option, ~tself perform such work a~ it deems necessary for the safe operation of ~ts radroad and ~n such event L~censee agrees to pay, w~thln 6fteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but fa~ ure on the part of Licensor to per- form the obhgatmns of L~censee shall not release L,cen~ee f~om h~b~h~y hereunder for loss or damage occasioned thereby 5 L~censee shall reimburse L~ceneor for any expense ;ncurred by L~censor for false work to support L~censor's tracks and for flagman to plotsct ~ts traffic during installation of the PIPE LINE and for any and all other expense ~ncurred by Licensor on account of the PIPE LINE 6 L~censee shall at all t~mes ~ndemmfy and save harmless L~censor against and pay m full all loss, damage m expense that L~ceneor may sustain, recur or become hable for, resulting m any man- ner from the construction, maintenance use state or repair, o~ p~esence of the PIPE LINE, mcludlng any such loss, damage or ex}~ense arming out of (a) Io~s of or damage to property, (b) injury to or death of persons, (c) mechamcs' or other hens of any character, or (d) taxes or assessments of any kind 7 If at any time Licensee shall fall or refuse to comply w~th or carry out any of the covenants hereto contained L~censor may at its elect~on forthwith revoke th~s license RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated January 1, 1982, between the City of Denton and the Missouri-Kansas-Texas Railroad Company relating to the construction and maintenance of one p~pe line twenty (20") inches in diameter. ~ PASSED AND APPROVED this the~ day of January, 1982. ~C~[RD O. 7STEW~, fiAYOR -U CIT~ OF DENTON, TEXAS ATTEST: ROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM.. C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS PIPE LINE LICENSE THIS AGREEMENT No made thru 1st _day of January , 19 82 between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, heremafter called "L~censor", and CITY OF DENTON~ TEXAS heremafter called '*Licensee" WlTNESSETH ARTICLE I 1. Term: This agreement shall take effect the date hereof, and unless sooner termi- nated as ~rovided herein, shall continue in force so long as used for the purpose herein set out for a period of ten (10) years, or until terminated by either party giving the other party not less than thirty (30) days' advance notice in writing of an intention to terminate the same, the agreement to terminate upon the expiration of such term or nottcs, whichever occurs first. Licensee ia hereby given a renewal option at a price and tern to be negotiated no sooner than 120 days or less than 30 days prior to the expiration of this term In the event the amount of renegotiated rental is not agreed to in writing by both parties, prior to the expiration of the term of this license, this license shall automati- cally terminate without notice, effective the last day of the expiring term. 2 Conslderat,on and Descrlpttom In consideration of EIGHT HUNDRED NINETY-FIVE AND NO/100 .... ................................................................... ($895.00 .) DOLLARS recmpt of w h~ch ,s hereby acknowledged, and of the covenants o f Licensee a~ heremafter set f°r%h Lmen$o[ hereby grants a hccn%e and permission to Ltcensee to construct, reconstruct, use, mamtam, operate, repatr and mstall by boring _ method one ptpe hnes(s) encased m a carnet p,pe not exceeding- twenty .(. 20 .") roches m dmmeter to be used for carrymg sewage across or along L~censor's property at or near Denton in the County of_ Denton and S,ate of ~e~as For convenience, the satd pipe hne ts here,nafter referred to as Crossmg' The location of sa~d Crossmg ts more particularly descrtbed as follows Said twenty (20") inch sanitary sewer pipe line crosses said Railroad Company's premises at an angle of 80 degrees 30 minutes 30 seconds, more or less, measured to the left, southerly, tangent to curve, from the centerline of said Railroad Company's Denton Subdivision main track at Mile Post K-725.83, being main track valuation chaining station 1703+11, distant 476 feet, more or less, measured southeasterly along the centerline of said main track from the centerline of Page Rd. (DOT No. 414 688 X) at cha~ning station 1707+87. Said pipe line ms not within the limits of a public crossing. A RESOLUTION by the Caty Council of the City of Denton, Texas, relating to the Denton County Housing Finance Corporataon; approvang the exercase of the powers of that Corporatlon wathan the corporate l~m~ts of the C~ty of Denton, Texas; and resolving other matters ~n connection therewith; and providing an effective date. W~EREAS, the Denton County Housing Finance Corporation, a non-profit corporation created under and pursuant to the "Texas Housing Fanance Corporataons Act," has been organized w~th the approval and consent of Denton County, Texas, to provade a means of fananc~ng the costs of residentIal ownershap and development that wall provide decent, safe and sanitary housang for the resadents thereof at affordable praces; and WHEREAS, the saad Corporation plans to provide f~nanc~al assistance wath respect to the purchase, ~mprovement and constructaon of homes located within the C~ty of Denton, Texas, ~f approval thereof requared by the aforesaid Act ~s g~ven by the City Councll; and WHEREAS, the Clty Council hereby f~nds and determines that at would be an the best ~nterest of the City and ~ts ~nhabatants for saad Corporation to provide fanancaal assistance w~th respect to homes looated w~th~n the corporate l~m~ts of the Clty, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1: That approval ~s hereby g~ven and granted to the Denton County Housing F~nance Corporation to provide f~nanC~al assistance w~th respect to purchasing, ~mprov~ng and constructing homes located within the corporate lamats of the C~ty of Denton, Texas. SECTION 2: That thas governmental unat has heretofore provided for the creataon of a housang f~nance corporation whach overlaps, an part, the area of the Denton County Housing Finance Corporation whach, under ~ts articles of ancorporat~on, has the power to ~ssue bonds to provide f~nanc~ng for home mortgages and th~s governang body of the smaller local governmental unat (pursuant to Sectaon 1 of Artacle 1269 1-8, V.T.C.S.) hereby assigns ars authority to ~ssue bonds for such purpose to the larger governmental unit. The purpose and ~ntent of th~s Section ~s to permit Denton County Housang Fanance Corporation (on behalf of Denton County) to assue Bonds, takang anto account the population of th~s Caty, to provide f~nanc~ng for home mortgages prior to the sale by e~ther corporation after the effective date of Artacle 1269 1-8, V.T.C.S. S$CTION 3 The adoptzon of thzs resolutzon shall not change any requirement that all development, project, subdivision or other form of construction comply with the appropriate subdlvzslon, building and related ordinances of this City as they now exist or may hereafter be amended. SECTION 4. This resolution shall be effective from it is and after its passage and so resolved. ~y~r, City/~ Den%on, Tex ~ ~i~ Secretary,~ City of Denton,, Texas (City Seal) CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON I, the undersigned, City Secretary of the City o~ Denton, Texas, DO HEREBY CERTIFY as follows 1. That the attached Resolution as a true and correct copy of the Resolution adopted ~f~--~the Clty/~ounc~l o_f the City of Denton, Texas, on the ~,t~day. of ~ 1982, such Resolution being entitled 'as fol~o~ F "A RESOLUTION by the C~ty Council of the City of Denton, Texas, relating to the Denton County Houslng Finance Corporation; approving the exercise of the powers of that Corporation within the corporate llmlts of the C~ty of Denton, Texas; and resolving other matters in connection therewith, and prov~dlng an effective date" 2. That the original of such Resolution ~s on file ~n the offlc~al records of the C~ty Council and has not been repealed and KS ~n full force and effect ;~ WITN~S MY HAND/~ND SEAL OF SAID CITY, th~s the /~ ~t~Secretary City of Denton, Texas (C~ty Seal) RESOLUTION IN APPRECLiTION OF BROOKS HOLT WHEREAS, the City of Denton is lostng one of tts most valued employees, Brooks Holt, Ctty Secretary, who was employed by the City of Denton on September 9, 1962, serving until his retirement on January 31, 1982, and WHEREAS, Brooks Holt has always served the Ctty of Denton and tts czttzens above and beyond the mere efficient discharge of hts duties in promoting the welfare and prosperlty of the City, and has earned the full respect and admiratlon of his subordinates, and WHEREAS, the Ctty of Denton has been extremely fortunate tn having enjoyed the dedicated and outstandtng services of Brooks Holt, and WHEREAS, Brooks Holt brought to his employment wtth the C~ty the beneftt of a w~dely varied background, havtng served as the Dean of Boys for a m~htary academy where he also coached football, basketball and track, having served as a Gunnery Officer ~n the Navy during World War II, having been a broadcaster for football and basketball games and havlng taught Sunday School tn his church for over twenty-f~ve years, and WHEREAS, in addition to serwng as the C~ty Secretary, Brooks Holt has prowded invaluable servlce to the City as Personnel Director, Director of the Ctvtl Service Commission, Custodian Supervisor, Editor of the Spothght, Pubhc Relations Representative, and Supervtsor for all Ctty electrons, and WHEREAS, Brooks Holt's sense of humor, ~ntelligent w~t, and poetic talent was a source of pleasure for those who worked with h~m. and WHEREAS, because Brooks Holt has favored so many ~n City government w~th hts poetry, ~t is only fittlng that he be honored wzth the followlng verse We regret you're leavtng our arqantzatton, Worlang with you has been fun, We hereby express our appreciation For a job superbly done NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON that the sincere and warm appreciation for Brooks Holt felt by the members of the City Counell, employees of the Ctty of Denton, and ctttzens of the commumty be formally conveyed to him tn a permanent manner by caustnq this Resolution to be transcribed into the offtc~al mtnutes of the Clty of Denton, Texas, and forwarding to htm a true copy hereof, and BE IT FURTHER RESOLVED, that the City of Denton does hereby officially and stncerely extend its best wishes to the Honorable Brooks Holt for a long and successful retirement as a member of our community. PASSED AND APPROVED th~s the 26th day of January: A/~19.~2 / ~ / ~flc~a~d 0 Stewart, f~or - R~e2~ ~t H. Taliaferro~ Coun. fi/~d~n Milker~ Chew, Councilman Ne Document RESOLUTION WHEREAS, the City Council of the City of Denton, Texas has heretofore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described right, title and ~nterest ~n the land hereinafter described; and WHEREAS, the C~ty of Denton has been unable to aqree and cannot agree wlth the owner upon the value of the hereafter described right, t~tle and interest in the hereinafter described land situated in the Cltv of Denton, Denton County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Clty Council hereby finds and determines that it ~s necessary to acquire the hereinafter described rights, title and ~nterest in the hereinafter described land, and that it is necessary that it authorize proceeding in Eminent Domain to acquire the rights, title, and interest in the hereinafter described property. SECTION II. The City Attorney of the C~t¥ of Denton, Texas, is hereby authorized and directed to bring condemnation proceeding to obtain an all purpose utility easement for the Hickory creek Sanltat~on Sewer Line Pro]ect, including utilities therefor in, over, and under the following tract of land situated in Denton County, Texas: Sa~d tract being in the W. Bryan Survey, Abstract No. 148, Denton County, Texas, and recorded in Volume 956, Page 996 of the Deed Records of Denton County, Texas. Said easement crossing this property, comprising two parts, as hereln designated and described, including (1) permanent easement twenty (20') feet in width, for construction or reconstruction of ut~lities and appurtenances, and for perpetually ma~ntaln~ng an all purpose utility easement and (2) an addlt~onal area adjacent to the permanent easement forty (40') feet in width, to be used for initial construction. PART 1-PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS- BEGINNING at a point ~n the south fence line of the aforementioned tract of land, said point being north 89© 11' 15" west a d~stance of 324.2 feet from the southeast corner of said tract; BEN M. DURR, ET UX-PAGE ONE THENCE north 01© 37' 45" east a distance of 492.5 feet to a point in the north fence line of said tract, said point being north 87© 45' west a distance of 309.7 feet from the northeast corner of said tract and being ~n the south line of U. S. Highway 380 (University Drive); PART 2-CONSTRUCTION EASEMENT In addition to the twenty (20') feet permanent easement as described above, an ~nitlal construction easement forty (40') foot in width ~s to be furnished. This easement shall be adjacent and parallel to the permanent easement and shall be twenty (20') feet in width on each side of said permanent easement. The Construction Easement to be used for ~nltlal construction only. for the purpose of constructing, reconstructing, and perpetually maintaining an all purpose utility easement for the H~ckory Creek Sanitary Sewer Line Project, including utilities therefor in, on, and under said property. SECTION III. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the ~ day of February, 1982. ~ C ~KR~D -0 7/S T~WA'~T, MAYOR~' 'CITY OF DF~NTON, TEXAS ATTEST .. CHAR~.6~E ALLEN, CITY SECR~-ARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM.. C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BEN M. DURR, ET UX-PAGE TWO RESOLUTION WHEREAS, the City Council of the City of Denton, Texas has heretofore determined the necessity for and ordered the acqu~sitlon by the City of Denton of the herelnafter described right, title and interest in the land hereinafter described; and WHEREAS, the City of Denton has been unable to agree and cannot agree with the owner upon the value of the hereafter descrlbed right, title and interest ~n the hereinafter described land situated in the City of Denton, Denton County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The C~ty Council hereby f~nds and determines that ~t necessary to acquire the hereinafter described r~ghts, title and interest in the hereinafter described land, and that ~t ~s necessary that it authorize proceeding in Eminent Domain to acquire the rights, t~tle, and Interest in the hereinafter descrlbed property. SECTION II. The City Attorney of the City of Denton, Texas, is hereby authorized and directed to bring condemnation proceeding to obtain an all purpose utility easement for the H~ckory Creek Sanitary Sewer L~ne Project, ~ncludlng utilities therefor over, and under the following tract of land situated in Denton County, Texas= Said tract being In the W. Bryan Survey, Abstract No. 148, Denton County, Texas, and recorded ~n Volume 612, Page 430 ~n the Deed Records of Denton County, Texas: Said easement crossing th~s property, comprising two parts, a~ herein designated and described, including (1) a permanent easement twenty (20') feet in width, for construction, or reconstruction of utilit~es and appurtenances, and for perpetually malntalnlng an all purpose utility easement, and (2) an additional area adjacent to the permanent easement forty (40') feet ~n width, to be used for initial construction. PART 1-PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the south line of the aforementioned tract of land, said point being 8.63 feet east of the southwest DIANNE ATKINSON & JOHN DAVIS-PAGE ONE fence corner and in the north line of Scripture Road; THENCE north 07o40' east a distance of 11.2 feet to a point; THENCE north 00o38'30'' east, 10.0 feet east of and parallel to the west fence line a distance of 1877.8 feet to a point; THENCE north 00017'30'' east, 10.0 feet east of and parallel to said fence a distance of 1634.0 feet to a point; THENCE north 01o22'30'' east, a distance of 10.0 feet to a point in the north fence line of said tract, said point being south 89o15' east a d~stance of 10.19 feet east of the northwest fence corner of said tract. PART 2-CONSTRUCTION EASEMENT: In addition to the twenty (20') foot permanent easement as described above, an initial construction easement forty (40') feet in width ls to be furnished. This easement shall be adjacent and parallel to the permanent easement and wlll lie on the east side of sa~d permanent easement. The Construction Easement to be used for lnlt~al construction only. for the purpose of constructing, reconstructing, and perpetually maintaining an all purpose utility easement for the H~ckory Creek Sanitary Sewer L~ne Project, including util~ties therefor in, on, and under said property. SECTION III. This Resolution shall become effective from and after Its date of passage. PASSED AND APPROVED th~s the~day of February, 1982. ~C~NRD ~.~TEWAR~ MAYOR -1; 'CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS DIANNE ATKINSON & JOHN DAVIS-PAGE TWO RESOLUTION WHEREAS, the City Council of the City of Denton, Texas has heretofore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described right, title and interest in the land hereinafter described; and WHEREAS, the City of Denton has been unable to agree and cannot agree with the owner upon the value of the hereafter described right, title and interest in the hereinafter described land situated in the City of Denton, Denton County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Clty Council hereby finds and determines that it is necessary to acquire the hereinafter described rights, title and interest in the hereinafter described land, and that it necessary that it authorize proceeding in Eminent Domain to acquire the rights, title, and interest in the hereinafter described property. SECTION II. The City Attorney of the City of Denton, Texas, is hereby authorized and d~rected to bring condemnation proceeding to obtain an all purpose utility easement for the Hickory Creek Sanitary Sewer Line Project, including utilities therefor In, over, and under the following tract of land situated in Denton County, Texas: Said tract being in the John Scott Survey, Abstract No. 1222, Denton County, Texas, and recorded in Volume 968, Page 962 in the Deed Records of Denton County, Texas' Said easement crossing this property, compr~slng two parts, as hereln designated and described, Including (1) a permanent easement twenty (20') feet in width, for construction, or reconstruction of utilities and appurtenances, and for perpetually ma~ntaln~ng an all purpose utility easement, and (2) an additional area adjacent to the permanent easement forty (40') feet in width, to be used for ~nlt~al construction. PART 1-PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the south line of the aforementioned tract of land, 65.0 feet west of the southeast corner, and ~n MARGARET RUSSELL & CHARLES RUSSELL-PAGE ONE the south line of the John Scott Survey, Abstract No. 1222; THENCE north 02o30' east a distance of 447.7 feet to a point; THENCE north 28o05'30'' west a distance of 1189.3 feet to a point; THENCE north 18051'30'' east a distance of 1133.5 feet to a point; THENCE north 46o30'30'' east a distance of 356.34 feet to a point in the east fence line of said tract, said point being 2814.37 feet north of the southeast corner of sa~d tract. PART 2-CONSTRUCTION EASEMENT: In addition to the twenty (20') foot permanent easement as described above, an initial construction easement forty (40') feet ~n width is to be furnished. This easement shall be adlacent and parallel to the permanent easement and shall be twenty (20') feet in width on each side of said permanent easement. The Construction Easement to be used for initial construction only. for the purpose of constructing, reconstructing, and perpetually maintaining an all purpose utility easement for the Hickory Creek Sanitary Sewer Line Project, including utilities therefor in, on, and under said property. SECTION III. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the~Jday of February, 1982. ATTEST~ CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS -i , MARGARET RUSSELL & CHARLES RUSSELL-PAGE TWO 64L RESOLUTION WHEREAS, the City Council of the City of Denton, Texas has heretofore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described right, title and interest in the land hereinafter described; and WHEREAS, the City of Denton has been unable to agree and cannot agree w~th the owner upon the value of the hereafter described right, title and interest in the hereinafter described land situated in the City of Denton, Denton County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City Council hereby finds and determines that ~t is necessary to acquire the hereinafter described rights, title and interest in the hereinafter described land, and that ~t is necessary that it authorize proceeding ~n Eminent Domain to acquire the rights, title, and interest in the hereinafter described property. SECTION II. The Clty Attorney of the City of Denton, Texas, ~s hereby authorized and directed to bring condemnation proceeding to obtain an all purpose utility easement for the Hickory Creek Sanltary Sewer Line Project, ~nclud~ng utilities therefor ~n, over, and under the following tract of land situated in Denton County, Texas: Said tract being ~n the John Rogers Survey, Abstract No. 1084, Denton County, Texas, and recorded in Volume 496, Page 241 ~n the Deed Records of Denton County, Texas: Said easement crossing this property, comprising two parts, as herein designated and described, including (1) a permanent easement twenty (20') feet in w~dth, for construction, or reconstruction of utilities and appurtenances, and for perpetually maintalnlng an all purpose utility easement, and (2) an additional area adjacent to the permanent easement forty (40') feet in width, to be used for ~nltlal construction. LEATHERWOOD/ROBERTSON-PAGE ONE PART i-PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the south l~ne of the aforementioned tract of land, sa~d point being 2512.58 feet south and 402.06 feet west of the northeast corner of said tract and in the north line of the U.S.A. Tract F-544; THENCE north 28o43' west a distance of 831.4 feet to a point; THENCE north 36°22' west a distance of 1440.0 feet to a point; THENCE north 11o01'30'' west a distance of 631.0 feet to a point; THENCE north 24o52' west a distance of 5.0 feet to a point the north line of said tract, said point belnq ]778.15 feet west of said northeast corner; PART 2-CONSTRUCTION EASEMENT: In addition to the twenty (20') foot permanent easement as described above, an lnitlal construction easement forty (40') feet in width is to be furnished. Th~s easement shall be adjacent and parallel to the permanent easement and shall be twenty (20') feet ~n w~dth on each side of said permanent easement. The Construction Easement to be used for initial construction only. for the purpose of constructing, reconstructing, and perpetually maintaining an all purpose utll~ty easement for the Hickory Creek Sanitary Sewer Line Project, including utilities therefor in, on, and under sald property. SECTION III. This Resolution shall become effective from and after 1ts date of passage. CIT~ OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CfTY~ SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS LEATHERWOOD/ROBERTSON-PAGE TWO RESOLUTION WHEREAS, the City Council of the City of Denton, Texas has heretofore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described right, title and interest in the land hereinafter described; and WHEREAS, the City of Denton has been unable to agree and cannot agree with the owner upon the value of the hereafter described right, title and interest in the hereinafter described land situated in the C~ty of Denton, Denton County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City Council hereby finds and determines that necessary to acquire the hereinafter described rights, t~tle and interest in the hereinafter described land, and that necessary that it authorize proceeding ~n Eminent Domain to acquire the rlghts, t~tle, and ~nterest ~n the herelnafter described property. SECTION II. The City Attorney of the City of Denton, Texas, is hereby authorized and directed to bring condemnation proceeding to obtain an all purpose utility easement for the Hickory Creek Sanitary Sewer Line Project, 1ncludlng utilities therefor ~n, over, and under the following tract of land situated ~n Denton County~ Texas: Said tract being in the J. W. W~thers Survey, Abstract No. 1343, Denton County, Texas, and recorded in Volume 571, Page 18 · n the Deed Records of Denton County, Texas. Sa~d easement crossing this property, comprising two parts, as herein designated and descrlbed, ~nclud~ng (1) a permanent easement twenty (20~) feet in width, for construction, or reconstruction of utilities and appurtenances, and for perpetually malntainin~ an all purpose utlllt¥ easement, and (2) an add~tional area ad]acent to the permanent easement forty (40') feet in width, to be used for ~nitlal construction. PART 1-PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the south fence line of the afore- mentloned tract of land, said point belng located 35.0 feet east of the southwest fence corner of said tract of land; GORDON FRY-PAGE ONE THENCE north 01o19'50'' east a distance of 17.0 feet to a point; THENCE south 87018'50" west a distance of 42.0 feet to a point in the west line of sa~d tract of land, sa~d point being in the east right of way llne of F.M. H~ghway No. 1830; PART 2~CONSTRUCTION EASEMENT: In addition to the twenty (20') foot permanent easement as described above, an initial construction easement forty (40') feet ~n w~dth is to be furnlshed. This easement shall be ad3acent and parallel to the permanent easement and w~ll lie on the right s~de of said permanent easement. The Construction Easement to be used for lnitial construction only. for the purpose of constructing, reconstructing, and perpetually malnta~ning an all purpose utility easement for the Hickory Creek Sanitary Sewer Line Project, including utilities therefor ~n, on, and under sa~d property. SECTION III. This Resolution shall become effective from and after lts date of passage. PASSED AND APPROVED this the~-~, day of February, 1982. / ATTEST: CHARLOTTE~ ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM.. C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS / GORDON FRY-PAGE TWO STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS COUNTY'OF DENTON ) RECOROS 475.6 THAT We, Leonard L. Boyd and wife Ethelene Boyd~ for and ~n consideratxon of the sum of one dollar ($1.00) cash to us In hand paid by the City of Denton, Texas, a mun[cxpal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby GIVE, GRANT, and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct or reconstruct sauxtary sewer lines and perpetually maintain a Sanitary Sewer Easement in, upon and across land described as follows: Said Tract being in the William Roark Survey, Abstract 1087, Denton County, Texas, and Recorded in Volume 507, Page 63, in the Deed Records of Denton County, Texas. Said e'asement crossing this property, comprising two parts, as herein' designated and described, including (1) a permanent easement 20 feet in width, for construction, or reconstruction of sanlitary sewer lines and appurtenances, and for perpetually maintaining a Sanitary Sewer Easement, and (2) an additional area ad3acent to the permanent easement 40 feet ~n w~dth, to be used for initial construction. PART 1. PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the East line of the aforementioned tract .of land, said point being South 40 degrees 44 mxnutes West a distance of 943.0 feet from the intersection of the sa~d East l~na with the Southwest right-of-way line of the Santa Fe Railroad and in the Northwest line of the T.,and P. Railroad, THENCEI North 15 degrees 11 minutes West a distance of 890.4 feet tO a point, THENCE' North 81 degrees 25 minutes West a d~stance of 162.7 feet to a point in the West line of sa~d tract, said tract being in the center of Hickory Creek. PART 2. CONSTRUCTION EASEMENT In addition to the 20 foot permanent easement as described above, an initial construction easement 40 foot ~n w~dth is to be furpished. This easement shall be ad3acent and parallel to t~e permanent easement and shall be 20 feet ~n width on each s~de o,f said permanent easement. The Construction Easement to be used for initial construction only. The City of Denton, Texas, shall have the rzght and privilege to remove and dispose of, off the site, trees, brush, debris, excess excavated material, etc., ~n the easements, that would ~nterfere with access to the construction site and that would interfere with construction of the said facilities. TO HAVE AND TO HOLD, all singular, the privileges aforesaid to ~t, the said City of Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and a]l times to enter said premises or any part thereof, for the purpose of constructing, reconstructing and perpetually maintaining said facilities together with necessary appurtenances ~nside said perpetual easements and for making connections therewith, all upon the condition that the City of Denton, Texas, will at all times, after doing any work in connec~tion with the construction, reconstruction or repair of saxd facilities restore said premises as nearly as feasible to the condition in which same were found before such work was undertaken, including repair of all fences that might be d~sturbed or damaged in performing sa~d work, and further upon the condition that in the use of the aforesaid rights and privileges herexn granted, the C~ty of Denton, Texas, w~ll not create a nuisance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas, for any other purpose, under this grant, except as herein provided. WITNESS OUR HANDS this ~=~/~ day of ~, A.D. Leonard THE STATE OF TEXAS ) COUNT OF DENTON ) BEFORE ~, the undersigned authority, in and for said County, Texas, on this day personally appeared Leonard L. Boyd and w~fe Ethelene Boyd known to be to be the persons whose names (is) (are) subscribed to the foregoing instrume~t, and ackn~ledged to me that theX executed the same for the purposes and consideration therei~expressed. NOT V PubLic ,,,,~,~1~ D~N COUNTY, TEXAS . My Commission expires C~E~K EXIS TIAtG ~'GNC~' i~OINT f I~£GINNIIVG STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON ) DE£D REC%)~ 757 THAT We, Leonard L. Boyd and wife Ethelene Boyd, for and in consideration of the sum of one dollar ($1.00) cash to us in hand paid by the C~ty of Denton, Texas, a munzcipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby GIVE, GRANT, and EXTEND to the said City of Denton, Texas, its successors and assigns, the r~ght to construct or reconstruct sanitary sewer lines and perpetually maintain a Sanitary Sewer Easement in, upon and across land described as follows: Said Tract being in the B.B.B. and C.R.R. Survey, Abstract 196, Denton County, Texas, and Recorded in Volume 507, Page 63, in the Deed Records of Denton County, Texas. Said easement crossing this property, comprising two parts, as herein designated and described, including (1) a permanent easement 20 feet in width, for construction, or reconstruction of sanitary sewer lines and appurtenances, and for perpetually maintaining a Sanitary Sewer Easement, and (2) an add~tional area adjacent to the permanent easement 40 feet zn width, to be used for initial construction. PART 1. PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS BEGINNING at a poxnt in the South hne of the aforementioned tract of land, said point being North 35 degrees 27 minutes West a distance of 7.74 feet from the Southeast corner of said tract, said point being in the Northeast line of the Gulf-Colorado and Santa Fe Railroad R.O.W., THENCE,North 44 degrees 29 minutes 09 seconds East a d~stance of 27.01 feet to a point, THENCE North 21 degrees 53 minutes 37 seconds West a d~stance of 250.2 feet to a point, THENCE North 15 degrees 50 minutes 37 seconds West a d~stance of 171.71 feat to a point in the West l~ne of sa~d tract, said point being in the Northeast line of the Texas and Pacific Railroad R.O.W. and being North 24 degrees 23 minutes 30 seconds East a distance of 104.41 feet from the Southwest corner of said tract of land. PART 2. CONSTRUCTION EASEMENT In add,ition to the 20 foot permanent easement as described above, an initial construction easement 40 foot in Width ~s to be furmished. Th~s easement shall be adjacent and parallel to the permanent easement and shall be 20 feet in width on each s~de of said permanent easement. The Construction Easement to be used for initial construction only. The City of Denton, Texas, shall have the right and prlv21ege to remove and dispose of, off the site, trees, brush, debris, excess excavated material, etc., in the easements, that would interfere with access to the construct2on site and that would interfere with construction of the said facilities. TO HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the said City of Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and all times to enter said premises or any part thereof, for the purpose of constructing, reconstructing and perpetually maintaining said facilities together with necessary appurtenances inside said perpetual easements and for making connections therewith, all upon the condition that the City of Denton, Texas, will at all times, after doing any work in connec~tion with the construction, reconstruction or repair of said facilities restore said premises as nearly as feasible to the condition in which same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in performing said work, and further upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas, w~ll not create a nuisance or do any act that will be detrimental to sa~d ~ramiaes and that said tract will not be used by said City of Denton, Texas, for any other purpose, under this grant, except aa herein provided. OUR HANDS this ~c~z~z~day of ~/zz, o~%~, , A.D., WITNESS Leonard L. BOyd THE STATE OF TEXAS ) COUNTY'OF DENTON ) BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Leonard L. Boyd and w~fe gthelene Boyd known to be to be the person~ whose names (is) (are) subSCribed to the foregoing Instrument, and acknowledged to me that ~heX executed the same for the purposes and consideration therein expressed. Of G~N~/~ ~./I_~_UNDER HY HAND, Ai~A.D.SEAL1982.0F OFFICE, This the~day  ~masldltko~lnliMIrchSl198~ DENTONCOUNTY, TEXAS My Commission expires 958]A JOINT RESOLUTION WHEREAS, the Texas Educat ion Code, Sect ion 107.83, as amended by Acts 1981, 67th Leglslature, Chapter 317, authorizes the City Council of the City of Denton to enter into a contract with Texas Woman's University delegating to the University the authority to regulate the parking of vehicles on any public stree~ running through or immediately adjacent to property owned or occupied and controlled by the UnIversity; and WHEREAS, such a contract is required to be approved by a Resolution of the Board of Regents of Texas Woman's University and by a Resolution of the City Council of the City of Denton; and WHEREAS, the City Council of the C~ty of Denton and the Board of Regents of Texas Woman's University believe it to be in the best interests of the C~ty of Denton and the University to enter into such a contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AND THE BOARD OF REGENTS OF TEXAS WOMAN'S UNIVERSITY, THAT: The attached contract between the C~,ty of Denton, Tex~s and Texas Woman's Unlvers~ty dated thls~_ day of ~_~~, 1981, delegating authorlty to the University to regulate parking on those certain portions of public streets specified therein ~s hereby approved. PASSED AND APPROVED th~s the day o~ /~.-~.~4~ , 19,8~. · ~/~I-d[H~RD 0/. S~E~A/RT, MAYOi~' ' CIT~ OF D~NTON, TEXAS ATTEST: ~_=_GC._;~.~ ~.'_.~, 'u~'~ jr. jY, r./AT, 2 ~harlotte Allen, City Secretary CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS PASSED AND APPROVED this the ~r~ day of-[~ , 1981. BOA/RD OF REGENTS /7 TEXAS WOMAN'S UNIVERSITY // APPROVED AS TO LEGAL FORM: JOHN LAWHON, UNIVERSITY ATTORNEY TEXAS WOMAN'S UNIVERSITY DENTON, TEXAS BY: ~__ A RESOLUTION by the City Council of the City of Denton, Texas, relating to the approval of the Issuance of certain refunding bonds by the North Texas Higher Education Authority, Inc., approving the issuance of such bonds and making certain findings in connection therewith. WHEREAS, the North Texas Higher Education Authority, Inc has heretofore authorized the issuance of two series of bonds knowns as "North Texas Higher Education Authority, Inc. Student Loan Bonds, Series A" and "North Texas Higher Education Authority, Inc. Student Loan Bonds, Series B"; and WHEREAS, the directors of the Authority have advised th~s Council that it would be an the best interest of the Authority if the aforesaid two series of bonds were refunded in the manner provided by Article 7t7k, V.A.T.C S , with the understanding the proceeds of the refunding bonds and money or securities (including lncome therefrom) held under the respective indentures securing the outstanding bonds will be utilized for the payment of expenses, debt service, reserves for the same or for the purchase of student loan notes as contemplated by the sa~d law and Section 103 of the Internal Revenue Code of 1954, as amended, and WHEREAS, the directors of the Authority have further advised this Council that the refunding of such outstanding bonds would enhance the ability of the Authority to issue additional bonds (as heretofore approved by this Council), the proceeds of which would be utilized to purchase guaranteed student loans, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1 That all of the recitals contained in the preamble hereof are found to be true and are adopted as the findings of this City Council ~ECTION 2 That the issuance of the proposed refunding bonds in order to provide for the payment of the outstanding bonds and the security for refunding bonds, and the utilization of the money and securities held under the respective indentures securing the outstanding bonds in the manner and for the purposes permitted under Article 717k, V.A T.C.S and Section 103 of the Internal Revenue Code of 1954, as amended (as set forth in the preamble hereof) is hereby approved and authorized SECTION 3: At such time as the refunding bonds are approved by the Attorney General of Texas, a copy of the Attorney General's approving open,on shall be filed (by the Authority) with the City Secretary. SECTION 4 In no event does the City assume any responsi- bility in connection with (1) the administration of this student loan program, (il) the issuance and delivery of bonds in connection therewith, or (ill) the payment of any of the bonds issued by the Authority, it being understood these responsibilities are being assumed by the Authority. SECTION 5: This resolution shall be effective from and after its adoption. pASSED AND APPROVED, this the /~ay of ~/~J~ 1982 ~y~ ~it~of De~toh, T~ ATT~S T~ ~l~y Sec~t~ry, Cff~of Denton, Texas (C~ty Seal) CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS ~ COUNTY OF DENTON ~ I, the undersigned, C~ty Secretary of the City of Denton, Texas, DO HEI{EBY CERTIFY as follows- 1. That on the __~___~day of ~j~J~L~ 1982, the City Counqll of the City of Denton, Texas, 66nv~'ned ~n /~/~_~_~ session at lts regular meeting ~/lace in the City ~all of said C~ty, the duly constituted members of the Council being as follows RICHARD O. STEWART MAYOR MARK CHEW RICHARD H TALIAFERRO DWIGHT L. GAILEY DR. A. RAY STEPHENS JIM RIDDLESPERGER JOE ALFORD and all of said persons were present at said meeting, except the followlng: Among other bus~ness considered at said meeting, the attached resolution entitled: "A RESOLUTION by the City Council of the City of Denton, Texas, relating to the approval of the issuance of certain refunding bonds by the North Texas H~gher Education Authority, Inc., approving the ~ssuance of such bonds and making certain findings in connection therewith." was introduced and submltted to the Council for passage and adoption. After presentation and due conslderatlon of the resolutaon, a motaon was made by ~ ~/'~ that the resolution be finally passed and adopted. The motion was seconded by 0~//~-4 ~/~~d--and carraed by the following vote. ~ ' ~ ~ voted "For" ~ voted "Agaanst" ~ abstaaned all as shown in the official Manutes of the Council for the meetang held on the aforesaad date. 2. That the attached resolutaon is a true and correct copy of the orlganal on fale in the offaclal records of the City; the duly qualified and acting members of the City Council of said C~ty on the date of the aforesaad meeting are those persons shown above and, according to the records of my office, each member of the Councal was gaven actual notice of the time, place and purpose of the meeting and had actual not~ce that the matter would be considered; and that said meeting, and dellberataon of the aforesaad public busaness, was open to the publac and written not~ce of said meetang, ~ncludlng the subject of the ent~tted resolution, was posted and gaven an advance thereof an compliance with the provisions of Article 6252-17, Section 3A, V.A T C.S. IN WITNESS WHEREOF, I have hereunto signed my name offacaally and aff%xed the seal of said City, this the _/~-day of ~//~/~///~.~ , 1982. Caty ~ecret y, y Denton, Texas (Caty Seal) Form $65B Stat~dard (Approved by General PIPE LINE LICENSE THIS LICENSE, Made this 9th day of. Deeembmr , 19_81_. a_ ........ D~__ corporation (hereinafter called "Licensor"), party of the first part, and (hereinafter,, whether one or more, called licensee ), party of the second part. WIT-~ESSETH, That the parties hereto for ths consideratwns hereinafter expressed covenant and agree as follQws: 1 Subject to the terms and conditions,hereinafter set forth, L~cen~or licenses Licensee to construct ( 1 ) l~lps !ina , ~a hund~ml t~n~_v,-six _D0:lat :[o.~r (126,/~) ~_0el; i~ lauath and _ _ _(.l.l.~0) .... inches in diameter (hereinafter, whether one or more pipe hnes, called the "PIPE LINE"), across or along the right of way of L~censor at m near the station of-- --~a~.l~y~,--~ .the exact location of the PIPE LINE being more particularly shown by red colonng upon the print hereto attached, No Xe_6192._. __, dated~_ _ 19JLt__ __. , marked "Exhibit A" and made a part hereof 2 Licenses shall use the PIPE LINE solely for carrying and shall nol; use ~t to carry any other commodity or for any other purpose whatsoever. 3 L~ce~{ses shall pay L~censor as compensation for this hcense the sum of . ~ ~ollaro C~150.001. 4 L~censee shall, at tts own cost and sub,eot to the supervision and control of Licensor s chief engineer, locate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and ~propsrty of Licensor, or the safe operatwn of ~ts railroad In cases where the Licensee ts permitted]under paragraph 2 hereof to' use tho PIPE LINE for oil, gas, petroleum products, or other flammable or highly volatile substances under pressure, the PIPE LINE shall be constructed, installed aod~ thereafter mamtai'ned in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof If at any time Licensee shall, In the~udgment of Licensor, fall to ~perform properly its obhgat~ons under this paragraph, censor may, at its option, itself perform ,such work as it deems necessary for the safe operation of its railroad, ~nd in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been tenderest therefor, the cost so mcurred by Licensor, but failure on the part of Licensor to per- form the obh~atlons of Licensee shall not release l.~censse from hab~hty hereunder for loss or damage occasioned thereby 5. L~censee shall reimburse Licensor,for any expense recurred by Licensor for false work to support LIcel ~sor's tracks and for, flagman ,to ,protect its traffic during Installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE 6 Llce~ see shall at all times indemnify and save harmless Licensor against and. pay in full all [ess, damage ~r expense that Licensor may~ sustain, incur or become liable for, resulting in any man- ner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such los,, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of pets, ms, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7 If at any time Licensee shall fail or refuse to comply vgth or carry out any of the covenants herean cents! =ed Licensor may at its election forthwith revoke this license ~ SOLUT ION B IT KNOt~Nthat on this the 16t~sy of February , 19 82 at a r~ ular ~eeting of the governing body of the City of D~TON 'EXAS , there came on to be considered the matter of the exe- cution of a license between the said City of ... DENTON ~.. EXAS , and The Atchison, Topeka and Santa Fe Railway Company, rela~i~g to a Pm~e Line License A~reement between the ~ty of Denton and the Atch~s~n~ To~eka & Santa Fe P~ilw~y C~m~any relatmng to the constructmon and maznte~anee of 1 pmpe lmne 126 4 feet mn length and 17 80 mnches zn dmameter, , across'or alon the rm ht of way st or dear sa~ City ~} ofDESTO~L~cens°r' being ~rmnt ~o X-6192 whereupon the following proceedings ware had: It was m~vad, seconded and unan~nously voted that RICHARD 0 STEWART , Mayor, ba authorized end ~mpowared to execute on behalf of tlm Cit~ of DENTON T~XAS ~ such licenss~ copy of[which is hereto attached, and the s~me be recorded in the Minutes of the City Co~mission at the foot of this resolution. STATE O] I, Charlotte Al~en , City Secretary, do hereby certify that th~ above an~' foregoing is a true and correct copy of a resolution passed by the Cit~ Co~ission of said City in regular session on February 16 , 19 82~ as the same appears of record in Book , Page , Minutes of sa~d City Commission. '' IN 'TESTIMONY WHEREOF, witness my hand and the Seal of Said City ~his 23 day of I Februa{~~ , 19... 82. (S~L) ty ecretary Secretary's No ~ PIPE ~v~]E LICt':NSE TO Fol'* Statxon D~vision In effect ., 19 Cancellable on ten days' not~ce~ ~D~v Supt' No Chief Engineer's No. RBSOLUTION BM IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS' The Mayor ~s hereby authorized and d~rected to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated December 9, 1981, between the City of Denton and the Atchison, Topeka ~ Santa Fe Railway Company relating to the construction and maintenance of one pipe l~ne one hundred twenty-slx point four feet in length and seventeen point e~ghty (17.80) inches in diameter, across or along the r~ght of way of L~censor, being Print No. X-5192 ~ ~8 PASSED AND APPROVED this the'/~ day of 2. 'CITY OF I~NTON, TEXAS ATTEST' CHARLOTTE ALLEN, CITY- SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. $. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Cc 31045 Fon~ 1688 Standa~ CApp ~m,4d by ~1 ~cl~) ~S ~C~S~, ~de th~. 9~h ~7 of December , (heremsfter, wi ~ether one or more, called "licensee"), pa~ of the sKond WITNESSI ~TH, ~at ~e p~f~ hereto, for ~e considerations herein~ter ~r~ed coven~t a~ as follows 1. Subject ) ~e te~ ~nd condl~o~ ~rdn~er eat fogh, Lice~or ~ce~ ~c~ee to const~ct and m,intel, m~ ~~-~ In diameter (h~inafter, whether one or more pipe lin~, ~ed ~e "PIPS ~"), acro~ o~ alon~ ~e right of way of Li~nsor at or near ~e s~on of ~. Te~,. ~ ~act l~stton of the PIPE ~E be/ng more p~c~Gr~ 'J , --, marked"~"E~tbtt A and ~de ~ p~ h~eof. 2. Mcens~[sh~ll uee the ?~E ~E solely for carr~ng h ' ~d s all not us~ tt ~ car~ any o~er commodl~ or for any other pu~ose whatsoev~. 8. ~cense'i~AII p~ Li:~or ~ compen~tton for t~ hce~e the sum of 4. Licensee shall., at. its o. wn .co.si. and s~bject to the supervision and control of Licensor's chie~ engineer, locate, cons~ruc~ an, maln~am the IPIPE LINE in such a manner and of such material that it vail not at ar, }' time be a source of danger to or interference with the present or future tracks, roadbed and pro ~erty of Licensor, or the safe operatlon of its railroad In eases where the Licensee is permitted uni er parai~raph I1 hereof to use the PIPE LINE for oil, gas~ petroleum products, or other flammable .or hil~hl~ volatile substances under pressure, the PIPE LINE shall be constructed, installed and 'ths~eaftsr maintained in conformity with the plans and specifications shown on print hereto attached n such cases, marked Exhibit B and made a part hereof. If at any time Licensee ,hall, In the i~ment of Licensor, fall to perform properly its obligations under this parai'rapb, Li- censor may,~d' ~ option, itself perform such work as it deems necessary for the safe operation of its railroad, in such levent Licensee a~reee to pay, within fifteen (1§) days after bill shall have been rendered i erefor, the cost so incurred by Licensor, but failure on the part of Licensor to per- form the oblll~a~ )ns of Licensee ah,Il not release Licensee from liability hereunder for loss or damage occasioned ther, ~y. 5. Lieenss~ shall reimburse Licensor for any expense incurred by Licensor for false work to support L4censo s tracks and for fias~nan to iprotect its traffic during installation of the PIPE LIN'E and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at ,all times indemnify and save harmless L, ceneor against and pay in full all ieee, damage or e~t,i~enee that Licensor may sustain, incur or become liable for, resulting in any man- ner fro.m .the eo.n~iruction, maintenan.ee., use, state or repair, or presence of the PIPE LINE, including any such mss, oamai'e or exl)ense arlemg out of (a) loss of or damage to property, (b) in ury to or death of persons, [(c) meehantes' or other liens lei any character, or (d) taxes or assessments o~any kind. 7. If at any time Licensee shall fail or refuse to comply with or carry out any o~ the covenant~ herein contained ILicensor may at its election forthwith revoke this license. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS The Mayor ~s hereby authorized and d~rected to execute on behalf of the City of Denton, Texas, a P~pe Line License Agreement dated December 9, 1981, between the City of Denton and the Atchison, Topeka & Santa Fe Railway Company relating to the construction and maintenance of one pipe l~ne one hundred twenty-slx point four feet in length and seventeen point eighty (17 80) inches in diameter, across or along the right of way of Licensor, being Print No. X-6192 PASSED AND APPROVED this the'/~?~day of~q82. ATTEST CHaRLOTTE-ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS ct 3104~ Form 1658 Stafldard (~ppmved by General Soi~clter) PIPE L~E LIC~SE THIS ~CENSE, Made ~ 9~h ~y of. Decembe~ ~ 19~, ~ corporation (he~ln~ter called "~censoW'), par~ of ~e first pa~ and ~D~N: ~R: a l~mie~ual a~on. actin= herein by its (hereinafter, whether on~ or more, called "licens~"), p~ of the second part WITNESSETH, That the parti~ hereto for ~e considerations hereinafter e~r~sed covenant ~d a~ee as follows: 1 Subject to the te~ and conditions hereinafter set forth, Licensor licenses ~c~see to construct ( i ) pipe line , ~a h~drad ~w~n~y-$~ oo~t fog~ (~26,4) fe~ ~n length and ~-- in~ in &ameter (hereinaf~r, whether one or more p~pe hnes, ~Hed the "PIPE LINE"), across or along the right of way of Li~nsor at or near the statmn of h..~.; ~.e.. Co.~-y. Tepee. the e~ct location of the PIPE LINE being more pa~icular~ sho~ by red coloring upon the print hereto atoned, No ._ ~ ~ , date~_ ~ ...... marked "Exhibit A" and rode a part hereof 2. Licens~ shall use the PIPE ~NE solely for carrying ~a~e and shall not use ~t to carry any other commo&~ or for any other pu~ose whatsoever. 3 Licensee shall pay L~censor as compensation for th~s hce~e the sum of ~e ~,,~-~ ~ey 4 Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief engineer, locate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of Its railroad In cases where the Licensee Is permitted under paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products, or other flammab!e .or highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part heleof If at any time Licensee shall, in the Judgraent of Licensor, fail to perform properly Its obligations under this paragraph, Li- censor may, atHts option, Itself perform such work as It deems necessary for the safe operation of Its railroad, and in such event Licensee agrees to pay, w~thm fifteen (15) days after bill shall have been rendered therefor, the cost so Incurred by Licensor, but failure on the part of L~censor to per- form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 5 Licensee shall reimburse Licensor for any expense incurred by L~censor for false work to support L~ceneor's tracks and for flagman to protect ~ts traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6 Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or, expense that Licensor may sustain, incur or become liable for, resulting in any man- ner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) Joss of or damage to property, (b) injury to or death of personS, (¢) mechanics' or other liens of any character, or (d) taxes or assessments of any land 7 If at any time Licensee shall fail or refuse to comply w~th or carry out any of the covenants herein contained Licansor may at its election forthwith revoke this license. RESOLUTION IN RECOGNITION OF THE DENTON CHARTER CHAPTER OF THE AMERICAN BUSINESS WOMEN'S ASSOCIATION WHBREAS, the Denton Charter Chapter of the American Bus~ness Women's Assoc~atzon ts celebrating ~ts 13th year of serwce to the community through the promotion for women, support of projects contrzbut~ng to c~t~zensh~p awareness, and enhancement of professionalism of women ~n bus~ness, and WHBREAS, the month of February has been proclaimed "C~t~zensh~p Month" by the ABWA; WHBREAS, the Counctl recognizes the Denton Charter Chapter of the American Bus,ness Women's Association ~or their commitment and contribution to good government and c~t~zensh~p, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT The month of February be declared "CITIZENSHIP MONTH" ~n the C~ty of Denton, Texas, and urge all c~t~zens to recognize the professional women of our community PASSED AND AP PROVED this the l~~bruary, ] OS?.glC~ARD O.'/S -i~ CITy OF DDNTON, TEXAS ATTEST CHARLOTTE' AELMN, -CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' C. J/~ 'TAYL-OR~ ' JR. ,-~JTTTY ATTORNEY CIT~' OF DENTON, TEl(AS RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated December q, 1981, between the City of Denton and the Atchison, Topeka § Santa Fe Railway Company relating to the construction and maintenance of one pipe line one hundred f~fty feet in length and thirty-one point five hundred [51.~00) inches in d~ameter, across or along the right of way of Licensor, being Print No. X-6191. /~ ~ PASSED AND APPROVED this the ~ ay of 82. ATTEST. CHAR%OTTE' ALL~flN, CITY SMCRMTARY CITY OF D~NTON, T~XAS APPROVED AS TO L~GAL FORM C. J. TAYLOR, JR., CITY ATTORNMY CITY OF D~NTON, TMXAS Ct 3~0~6 T~8 LICENSE, Made ~is , 9th day of. Dec.bar , a __~e ~ ~ora~on (hereinafter ca~ed "L~censo~'), p~ of ~e first pa~, and (hereinafter, whether one or more, called "licensee"), pa~y ot the second pa~ WITNESSETH, That the pa~tss here~ for the considerations hereinafter ~rsssed covenant and a~ee as follows: I Subjec~ to ~e t~ and ~ndittons ~rel~ set forth, Licensor hcensss ~censee to const~ct and maintain ~e -- _ (31~[00) ~ inches tn diame~r (herein~r, wh~ther one or more p~pe lines, ~ed the "PIPE LINE"), across or along: the ~Eht of way of ~nsor at or near the station of~~ _ Coun~y~ Te~s: the exact location of the PIPE LINE berne more p~icular~ sho~ by red colortnE upon the print her~o at~ched, No _ ~t~ _, dates December .---- , marked "~lblt A" and made a pa~ hereof. 2 Licensee shall use the PIPE LINE solely for carr~nE ~d shall not ~se i~ ~ ~r~ any other commodl~ or for any other pu~cse whatsoever. ~ ~censee shall pay Licensor as compensation for thru hcense the sum of and ~o/100~hs 9olla~s 4, Licensee shall, at its own cost and subject to the supervision and control of L~censor's chief engineer, locate, construct and maintain the PIPE LINE m such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad In cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for oil, gas, petroleum products~ or other flammabl~ or h~ghl~, volatile substances under pressure, the PIPE LINE shall be constructed, installed and tl~ereafter maintained in conformity with the plans and speciflcatlous shown on print hereto attached in such cases, marked Exhibit B and made a part hereof If at any time L~censee shall, in the judgment of Licensor, fall to perform properly its obhgatlons under this paragraph, LI- censor may, atNts option, itself perform such work as ~t deems necessary for the safe operation of its railroad, anti in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so mcurred by Licensor, but failure on the part of L~censor to per- form the obllg~tione of Licensee shall not release Licensee from hablhty hereunder for loss or damage occasioned thereby. 15 Licensee shall reimburse Licensor for any expense recurred by L~censor for false work to support LicensOr's tracks and for flagTnan to protect its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE 6 Licensee shall at all times indemnify and save harmless Licensor against and pay in full all loss, damage or:expense that Licensor may sustain, incur or become hable for, resulting in any man- ner from the c~nstructton, maintenance, use, stats or repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of personS, (e) mechanics' or other liens of any character, or (d) taxes or assessments of any k~nd. ? If at any time Licensee shall fail or refuse to comply with or carry out any of the covenants herein contained Licensor may at its election forthwith revoke th~e license. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated December q, 1981, between the City of Denton and the Atchison, Topeka ~ Santa Fe Railway Company relating to the construction and maintenance of one pipe line one hundred fifty feet iR length and thirty-one point five hundred [3l. S00} inches in diameter, across or along the right of way of Licensor, being Print No. X-6191./~% ~ PASSED AND APPROVED this the ~ ay of 2. CITY OF D~TON, TEXAS ATTEST: CHARLOTT~'ALLEN, CITY SECRETARY CITY OF DENTON, T]~XAS APPROV]~D AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS u '/' ¢~ 3~0~6 Fen~ 1&~8 Slam,etd (ApIl~ved by Ge~al T~S LICENSE, Made ~ 9~h day of Dec.er ,19--~ be~een ~ AT~SO~T~ T0~ ~ S~A ~ ~AY CO~, , a -- De~avare ~ora~on (h~einafter ca~ed "L~censor"), pa~ of ~e first p~ and ~ort he=eunto d~ au~ho~ize~ .... (hereinafter, whether one or more, c~led "licensee"), pa~ of the second pa~. ~TNESSETH, ~at ~e pa~ here~ for the considerations hereinafter ~recsed cove~nt and a~ee ~ follows: 1. Subject to ~e t~ ~nd con~ons herd~t~ set fort~ Licensor hcsnscs Mc~see to and maintain ~e (31,500) Jnch~ in di~eter (he~inaf~r, whether one or more p~pe lines, ~ed the "PIPE MNE"), across .or along ~e right of way of ~nsor at or near the s~t~on of~ Co~y: ~., the e~ct lo~t~on of ~e PIPE LINE bem~ more p~cular~ ~o~ by red colorinK upon the print hereto a~&ed, No .._.~!191 , 1981 ._, marked "E~b~t A" and ~de a pa~ h~f. 2. ~censee, shall use the PIPE ~NE solely fer carrying se~,aee ~d shall not uee it to ~r~ any other commodl~ or for any o~ pu~oee whatsoever. S. ~eensee. shall pay Lice~or as compensation for th~s hce~e the sum of and No/100ths Dollars 4. Licensee,shall, at its own cost and subject to the supervision and contrul of Licensor's chief .e.nl~ln, e. er, ,loc.ate, [co,n, stru,ct and maintain the PIPE LINE In such a manner and of such mater/al that It wui not ut any ume oea source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operation of its railroad In cases where the Licensee is permitted under paragraph 2 hereof to use the PIPE LINE for off, gas, petroleum products, or other flammable[ or highly volatile substances under pressure, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached in such cases, marked Exhibit B and made a part hereof, If at any time Licensee shall, in the Judgement of Licensor, fail to perform properly its obligations under this paragraph, LI- ,censor,. may, at ,its. option, itself perform such work as It deems necessary for the safe operation of ir~ railroad, anam such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered tlt. erefor, the cost so incurred by Licensor, but failure on the part of Licensor to per- fo.r_m..t_h_e_~ob, l!_sa_t_?..na of Licensee shall not release Licensee from habillty hereunder for locs or damage 6. Licensee ~shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor, s tracks and for fla/rnan to protect its traffic during installation of the PIPE LINE and for any andl ell other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times indemnify and save harmless Licensor a~atnct and pay in full all ecs, oama~e or expense that Licensor may sustain, Incur or become liable for, resulting in any man- ner from tho construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such lose, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, [(c) mechanics' or other liens of any character, or (d) taxes or aesecsments of any land. 7. If at any time Licensee shall fail or refuse to comply w/th or carry out any of the covenants herein contained Licensor may at its election forthwith revoke this license. C~ 31046 Form I~B Standard (Appreved by General $olldtor) PIPE LINE LIC~SE THI LICENSE, Made this 9e~day o~ .... D~$~ ,19~_~, between ~ ...... ~ AT~ISO~ ~0~ ~ S~_~ ~0~ a ....... ' )e~are _ corpora~on (hereinafter called "Licensor"), par~ of the first pa~, and ......... ~L~F~nto 4~ au~rieed~ .._ (hereinafter, whether one or more, called "hcensee"), par~y ~f ~ ~ pa~ WITNE~ SETH, That the pa~es hereto for the conmderat~ons heremaf~r expressed covenant and agree as foHc 1 Sub3e :t to the te~s and ~nd~t~ons her~n~ter set forth, Lmensor hcenses L~cen~ to construct and maintain. ~ _ _ ~31_~.~_ _ roches tn d~ame~r (hemfnaf~r, whother one or more pipe hnes, ~lled the "PIPE LINE"), acr~ ss or along the right of way of L~nsor at or near the station of ~ _~ ~ .the exact location of the PIPE LINE bmng more pa~icular~ shown by red colortag upon the print hereto at~ched, No X-tl9~ ...... , date~~ -. lJ~ ........ , marked "E~b~t A" and ~de a pa~ hereof 2 Licen me shall use the PIPE LINE solely for carrying _ ~h~l[ n~ ~s~ ~t to carry any other commod~W or for any other pu~ose whatsoever. 8 Licen ~ee shall pay L~censor as compensation for th~s hcense the sum of _~~~i~y 4 L~cen~ee shall, at ~ own cost and sub3ect to the superws~on and control of Lmensor's chief engineer, locSte, construct and maintain the PIPE LINE in such a manner and of such material that ~t will not a~any t~me be a source of danger to or interference with the present or future tracks, roadbed and ~roperty of L~censor, or the safe operation of ~ts railroad In cases where the L~censee is permitted ~nder paragraph 2 hereof to use the PIPE LINE for o~1, gas, petroleum products, or other flammable or h~ghly volatile substanc~ under pressure, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attach ~d in such cases, marked Exhibit B and made a pa~ hereof If at any time L~cens~ shall, m the ud~ent of L~censor, fail to pe~orm properly ~ts obhgat~ons under this para~aph, Li censor may, ,t ~ option, ~elf perform such work as ~t deems necessary for the safe operation of its rmlroad, nd in such event Licensee agrees to pay, w~thm fifteen (15) days after bill shall have been rendere ~ therefor, the cost so ~ncurred by Licensor, but failure on the pa~ of L~censor to per- form the obh: .at~ons of L~nsee shall n~ release Lmensee from habfl~ty hereunder for loss or da~e occasioned th ~reby. 5 L~cen ~ee shall ~reimbu~e L~censor for any expense recurred by L~censor for false work support Liner sor's tracks and for fla~an to protect ~ traffic during ~nstallatmn of the PIPE LINE and for any md all other expense recurred by Licensor on account of the PIPE LINE 6 Linen ~ee shall at all times indemnify and save harmless Licensor against and pay in full all ~o~, damage ,r expense that Licensor may sustain, recur or become liable for, resulting in any man- ner from the construction, maintenance, use, state or repair, or presence of the PIPE LINE, including any such los~, damage or expense arising out of (a) loss of or damage to prope~, (b) inJu~ ~ or death of persl ns, (c) mechanic' or otherHens of any character, or (d) taxes or assessments of any hnd 7 If at ~ny time L~censee shall fail or refuee to comply w~th or ~r~ out any of the covenan~ herein contai: ~ ~nsor ~y at its elation fo~w~th revoke this license RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Mayor of the City of Denton, Texas, is hereby authorized to execute a Release of Easement releasinq easements dedicated to the City of Denton in Forrestrldge II as described in said release attached hereto and made a part hereof. PASSED AND APPROVED this the 23rd day of February, 1982. ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO BE~AB FORbI: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RELEASE OF EASEMENTS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON WHEREAS, on or about February 20, 1975, Fort Worth Savings and Loan Association executed and delivered to the City of Denton certain easements for utilities and/or roadways on property out of the A. Gibson Survey, Abstract No. 498, Denton County, Texas, which said easements are recorded in Volume 752, Page 397; Volume 752, Page 400; and Volume 752, Page 402 of the Deed Records of Denton County, Texas; and WHEREAS, Lodge Construction Company, Inc., the current owner of the property affected by such easements has been approved by the City of Denton to flle a plat of Forrestridge II, an addition to the Clty of Denton, according to the plat thereof recorded in Cabinet C, Page 12, dated December 9, 1981, of the Plat Records of Denton County, Texas; and WHEREAS, the above-descrlbed plat ~ncludes a dedication to the City of Denton of roadways, streets and utility easements, which dedication renders the recorded easements unnecessary as to Forrestr~dge II; and WHEREAS, the said Lodge Construction Company, Inc., has requested that the Clty of Denton release the easements aforesaid as to Forrestr~dge II; NOW, THEREFORE, in conslderatlon of the premlses, the C~ty of Denton does hereby release the easements described herein as the same should apply to Forrestrldge II, an addition to the City of Denton; provided, however, that such easements shall remain in full force and effect as to property outside the dedicated boundaries of Forrestrldqe II. Executed this the 23rd day of February, 1982. ~C~A~D ~.-'/S'TEWA~, MAYOR CIT~ OF DENTON, TEXAS ATTEST: CHA~L0fTE~ASLE~, CffY~S~dR~TARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FO~: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS THE STATE OF TEXAS COUNTY OF DENTON Th~s instrument was acknowledged before me on the 23rd day of February, 1982 by Rlchard O. Stewart, Mayor of the C~t¥ of Denton, Texas a Municipal Corporation, on behalf of said Municipal Corporation. ~1 J5%~m~$~T't NOT~¥ PUBLIC, 'STAT~ 0~' TEX~S RESOLUTION WHEREAS, the City Council of the City of Denton, Texas has heretofore determined the necessity for and ordered the acquisition by the City of Denton of the hereinafter described r~ght, title and interest in the land hereinafter described; and WHEREAS, the City of Denton has been unable to agree and cannot agree with the owner upon the value of the hereafter described r~ght, t~tle and interest in the hereinafter described land situated in the City of Denton, Denton County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City Council hereby finds and determines that ~t necessary to acquire the hereinafter described r~ghts, title and interest in the herelnafter described land, and that ~t is necessary that it authorize proceeding ~n Eminent Domain to acquire the rights, title, and interest ~n the herelnafter described property. SECTION II. The City Attorney of the City of Denton, Texas, is hereby authorized and directed to bring condemnation proceeding to obtain an all purpose utility easement for the Hickory Creek Sanitary Sewer Line Project, including utilities therefor ~n, over, and under the following tract of land s~tuated in Denton County, Texas: Sa~d tract being in the M.E.P. & P.R.R. Survey, Abstract No. 950, Gideon Walker Survey, Abstract No. 1330, Levi Young Survey, Abstract No. 1451, Denton County, Texas, and recorded in Volume 950, Page 284 ~n the Deed Records of Denton County, Texas: Said easement crossing this property, comprising two parts, as herein designated and described, including (1) a permanent easement twenty (20') feet in width, for construction, or reconstruction of utilities and appurtenances, and for perpetually maintaining an all purpose utility easement, and (2) an additional area adjacent to the permanent easement forty (40') feet in width, to be used for initial construction. PART 1-PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the northeasterly l~ne of the afore- mentioned tract of land, sa~d point being north 47o08'05'' west a d~stance of 1960.26 feet from the most easterly corner CALUSA DEVELOPMENT-PAGE ONE of said tract, said corner being in the southwesterly right of way l~ne of Interstate 1-35E~ THENCE south 42o41'55'' west a d~stance of 23.5 feet to a point; THENCE south 86o38'20'' west a dlstance of 615.65 feet to a point in a northwesterly l~ne of said tract, said point being ~n the southeasterly line of the McNatt Motor Company 13.2 acre tract; THENCE continuing south 86038'20'' west across the sa~d McNatt Motor Company tract a d~stance of 185.88 feet to a point in the southwesterly l~ne of said McNatt tract for a new beginning point of the here~n described easement; THENCE continulng south 86o38'20" west from a point in the southwesterly l~ne of sa~d McNatt tract, said point being ~n the northeasterly l~ne of said Calusa Development tract, a d~stance of 1301.12 feet to a point ~n the west line of sa~d Calusa tract, sa~d polnt being in the east l~ne of State School Road and being south 05013'47'' west a d~stance of 1772.92 feet from the northwest corner of sa~d tract and in the east l~ne of sa~d State School Road. PART 2-CONSTRUCTION EASEMENT: In add~tlon to the twenty (20') foot permanent easement as described above, an ~n~t~al construction easement forty (40') feet in width ~s to be furnished. Th~s easement shall be adjacent and parallel to the permanent easement and shall be twenty (20') feet in width on each side of said permanent easement. The Construction Easement to be used for ~nlt~al construction only. for the purpose of constructIng, reconstructing, and perpetually ma~nta~ning an all purpose utility easement for the Hickory Creek Sanitary Sewer L~ne Project, ~nclud~ng utilities therefor in, on, and under sa~d property. SECTION III. Th~s Resolution shall become effective from and after ~ts date of passage. PASSED AND APPROVED this the~/~ day of February, 1982. tICg~RD -6 .~ST~WA~, MAYOR CIT~ OF DZNTON, TEXAS ATTEST- CH~-~LOTTE~ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CALUSA DEVELOPMENT-PAGE TWO Dociument RE SO LUT I ON WHEREAS, the City of Denton, Texas on December 12, ]960 purchased a 17.93 acre tract of ]and from W. T. Evers, Lotta Evers Callahan, Felix W. Callahan, Jessle Evers King and K. M. Klng for the purpose of constructing, operating, and maintaining a sanitary sewer treatment and dlsHosal Hlant uHon said property, the deed conve¥1nq said proHertv dated December 12, 1950 belng of record in Volume 463, Page 260 of the Deed Records of Denton County, Texas; and WHEREAS, certain qrantors in the deed convevlnq the property to the City of Denton have filed a lawsuit contestlnq the r~ght, title and interest of the City of Denton ~n and to said 17.93 acres of land. The City of Denton ha~ heretofore constructed and is now operating and malntalnlnq a sanitary sewer treatment and d~sposal plant upon said 17.93 acre~ of land and it ~s now necessar¥ and ~n the public interest to protect the health and safety of the citizens of the City of Denton that the City of Denton acquire the fee simple title in and to said 17.93 acre tract of land for use as a location of and operation of a sanitary sewer treatment and disposal plant; and WHEREAS, it ~s necessary and in the public interest to acquire the fee simple title to a tract of land leading from Mayh~ll Road to said 17.93 acre tract of land ~n order to provide access for sanltar¥ sewer lines, water lines, electrical l~nes, and other public utilities necessary and appropriate in the operation of a sanitary sewer treatment and disposal plant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS. SECTION I. The C~ty Council hereby finds and determines that ~t 1~ necessary and in the public Interest to acquire the hereinafter described rights, t~tle and ~nterest in the hereinafter RESOLUTION-PAGE ONE described lands, and that it is necessary that it authorize proceeding in eminent domain to acquire the rights, title, and ~nterest in the hereinafter described land. SECTION II. The City Attorney of the City of Denton, Texas, is hereby authorized and directed to f~]e a Cross-Bill in Eminent Domain in Cause No. 81-6739-B styled Felix W. Callahan, et al, Plaintiffs v. the City of Denton, Defendant, in order to condemn the fee simple title, exclud~nq o~1, gas, and mineral ~nterests ~n and under said tracts of land, to the follow~nq described property and tracts of land s~tuated ~n Denton County, Texas: TRACT NO. ONE. A tract or parcel of land s~tuated ~n Denton County, Texas, on Pecan Creek, about 4 miles Southeast from Denton, and be~nq a part of the Gideon Walker 2/3 Leaque Survey, Patented October 8, 1845, Patent No. 42, Volume 4, and more particularly described as follows: BEGINNING at a stake at the Southeast corner of a 40.93 acre tract, conveyed by W. L. Henson and Jewel C. Henson to Wm. T. Evers October 7, 1924; THENCE West w~th the South l~ne of the tract a distance of 695.00 feet, to a point that ~s the Southwest corner of th~s tract, being 15 feet West of a stake that is on the sa~d South line; THENCE North 709.00 feet to a point for the Northwest corner of th~s tract; being 50 feet South and 15 feet West of the Southeast corner of a tract belonging to Calvin Gabbert; THENCE East 75.00 feet to a stake; THENCE North 47© 44' East, 297.3 feet to a stake; THENCE North 42.5 feet to a stake on the bank of Pecan Creek; THENCE with the bank of Pecan Creek North 66° 00' East, 388.7 feet to a stake; THENCE South 215.00 feet to a stake; THENCE South 78© 00' East, ?04.66 feet to a point; THENCE South 974.75 feet to a polnt in the South boundary line of Wm. T. Evers land, and the North line of the N. T. Wllkerson land; THENCE North 51© 30' West, 198.3 feet to the Do~nt of beginning, contaln~nq 17.93 acres, more or less. TRACT NO. TWO. BEGINNING at a point ~n the northwest corner of a tract of land out of the G~deon Walker Survey, Absract No. ]330, as conveyed to W. T. Evers by W. L. Henson and recorded in Volume ?23, Page RESOLUTION-PAGE TWO 143 of the Deed Records of Denton County, Texas. Said beginning point also being the southwest corner of a tract now owned by L. L. Wllkerson, and in the center of Mavhlll School Road; THENCE east wlth the north line of the aforementioned W. T. Evers tract a distance of 2861.05 feet to a point for a corner in the westerly l~ne of the Clt¥ of Denton tract; THENCE south 47© 44' west, with the westerlv l~ne of the City of Denton tract a distance of 74.37 feet to an inside corner of said tract; THENCE west with a north line of said City of Denton tract, passing its most westerly northwest corner at 75 feet, and continuing west, 50 feet south of and parallel with the north line of said W. T. Evers tract a total distance of ?806 feet to a point for a corner in the west line thereof; THENCE north with the west line of said W. T. Fvers tract and with the center line of Mayhlll School Road a distance of 50 feet to the place of beginning. for the purpose of continuing the operation and maintenance of a sanitary sewer treatment and disposal plant, including the construction and reconstruction of same, and the construction, reconstruction and maintenance of sanitary sewer lines, water lines, electric utility lines, poles and appurtenant facilities in, on, and under said property. SECTION III. Th~s Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 23rd dav of March, 1987. , CITY OF DENTON ATTEST' CHARLOTTEIALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION-PAGE THREE RESOLUTION IN APPRECIATION OF "RICHARD H. TALIAFERRO" WHEREAS, the City Counoil of the City of Denton is losing one of its most valued members, Richard H. Tal~aferro, who was elected thereto in April of 1980, serving until his term expired, on April 6, 1982, having chosen not to seek re-election; and WHEREAS, Richard H. Taliaferro has served on the C~ty Commission of the City during the years of 1948-50 and 1954-55 during which time the Council-Manager form of government was adopted; and WHEREAS, the Taliaferro family has parttc~pated in the development of our City since ]895; and WHEREAS, Richard Taliaferro has served as Chairman of the Denton County March of Dimes and a member of the Denton Chamber of Commerce; and WHEREAS, the City of Denton has been extremely fortunate ~n having en3oyed the dedicated and outstanding services of Richard H. Taliaferro, and seek his future services and continued support which we know w~]l be forthcoming; and WEEREAS, Richard H. Taliaferro has always served above and beyond the mere efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect and admiration of his subordinates and fellow Councilmen; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: that the s~ncere and warm apprec~ation of Richard H. Taliaferro, felt by the cltizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by spreading th~s Resolution upon the official minutes of the City of Denton, Texas, and forwarding to him a true copy thereof; and BE IT FURTHER RESOLVED: that the City of Denton does hereby offtclally and sincerely extend its best wishes to the Honorable Richard H. Taliaferro for a long and successful career as a member of our community, and as a civic leader. PASSED AND APPROVED this the 6th day of Aprll, 1982. ATTEST: CITY OF DENTON, TEXAS , CHARLOTTE,'ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: RESOLUTION WHEREAS, the Missouri Pacific Railroad Company has applied to the Railroad Commission of Texas to discontinue its aqency in Denton, Texas; to make Denton at non-agency station, and to retire and dismantle the depot buildings which serves the City of Denton and the most populated areas of Denton County; and WHEREAS, the closing of such agency will be a great inconvenience and monetary loss to the businesses of the C~ty of Denton and Denton County; NOW, THEREFORE, SECTION I. On behalf of the c~tizens and bus~ness establishments of the C~ty of Denton, the City Council of the City of Denton hereby protests the discontinuance of its agency in Denton, Texas; to make Denton a non-agency station, and to retire and d~smantle the depot buildings in the C~ty of Denton, Texas. SECTION II. The Railroad Commission of the State of Texas is hereby requested to deny the request to d~sconttnue ~ts agency ~n Denton, Texas; to make Denton a non-agency station, and to retire and dismantle the depot buildings in the City of Denton, Texas. PASSED AND APPROVED this the 6th day of April, 1982. ATTEST= C~R~6TTE-ALLEN, ~ITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY RESOLUTION WHEREAS, the City of Denton, Texas, has received Community Development Block Grants from the Department of Housing and Urban Development for the years 1976 through 1979 for the purpose of loans and grants to qualified recipients for rehabilitation of substandard housing; and WHEREAS, the Department of Planning and Community Development is now collecting repayments on said loans for the City of Denton, a function which was formerly performed by the Denton Housing Authority; and WHEREAS, Title 24 of the Code of Federal Regulations, Chapter V, Part 570 relating to Community Development Block Grants allows the City to expend monies received from repayment of housing rehabilitation loans for any activity which was authorized in the grant, such as code enforcement, rehabilitation financing, demolition and clean-up, park development, drainage improvements, street improvements, sidewalk improvements, bridge improvements, utility improvements (water and sewer), comprehensive planning and research, and costs of administration of the grant; and WHEREAS, the City Council determines that the monies received from repayment of housing rehabilitation loans should be expended for the purposes authorized in the Community Development Block Grants; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT.. SECTION I. Monies received by the City of Denton from the repayment of housing rehabilitation loans made from Community Development Block Grants for the years 1976 through 1979 shall be expended for the purposes authorized in such grants and for no other purpose, in accordance with Title 24 of the Code of Federal Regulations, Chapter V, Part 570. The Director of Planning and Community Development is hereby directed to implement and administer the provisions of this Resolution. PASSED AND APPROVED this the ~ day o~ ~~____, 19~2. ATTEST: CHARLOTTE ALLEN, CITY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM.' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION IN APPRECIATION OF DWIGHT L. GAILEY WHEREAS, the Council of the City of Denton is lodng one of its most valued members, DWIGHT L. GAILEY, who was elected thereto in April, 1980, and WHEREAS, DWIGHT L. GAILEY has exhibited outstanding expertise, along with h~d work w~ld an exceptional ability to solve problems, and has gained the respect ~nd admiration of the citizen~ and ~taff of the City of Denton, ~d WHEREAS~ DWIGHT L. GAILEY h~s alway~ served above ~d ~nd the mere efficient di~h~ge of hi~ duties in promoting the ~elf~e ~nd prosperity of the City~ ~d h~s e~ed the full ,e~pect ~d admi,ation of hl~ ~ubo,dinate~ ~nd fellow Co, cfi membe,s. ~nd WHEREAS, the City of Denton ~s been extremely [ort~ate tn ha~ng enjoyed the dedicated ~ out~tandng ser~ce~ of DWIGHT L. GAILEY for the many ~s he has been with the City~ ~nd seek his furze ~er~¢e~ a~ ¢ontinued support which we ~o~ will be forthcoming. NOW~ THEREFORE BE ~ RESOLVED BY THE COUNCIL OF THE C~Y OF DENTON that the City of Denton does hereby officially and dncerely e~end it~ be~t wl~he~ to DWIGHT L. GAILEY for a long and ~ucce~ful c~reer ~ a member of o~ community~ and a~ ~ ci~c le~de,. BE ~ FURTHER RESOLVED~ that the City Co,cfi of the City of Denton~ acti~ on behalf of the ~ltize~ ~nd ~aff~ wi~he~ to ac~owledge with ~ateful app,eciatlon the ~e,~e~ of DWIGHT L. GAILEY ~d the devotion he has ~ven to the City Co~cll of the City o[ Denton~ and order that this Re~olution ~ m~de a ~t of the official minutes of this Co,oil to be a pe,manent reco,d of the City~ that a copy be for~ded to htm~ the 3~ld DWIGHT L. GAILEY~ a~ a token of o~ ~pprecl~tion. PASSED AND APPROVED this the 2?th d~y of Ap,fl~ 1982. ATTEST. CNARLOTTE ALLEN, CTTY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM' C. J.~TAYL/OI~ I~R.,"L"~ ATTORNEY CITI~ OF DE~TON~ TEXAS RESOLUTION ~HEREAS, it is necessary for the C~ty Council to establish standards for travel by members of the C~ty Council on C~ty of Denton business, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. The C~ty Council hereby adopts the travel expenses and reimbursement polzc~es for travel expenses for the mayor and members of the C~ty Council. Sa~d policies are marked Exhibit "A" and are attached hereto and made a part hereof for all purposes. SECTION II. These travel policies for the mayor and members of the C~ty Council shall supersede and replace any travel policies adopted by the Cxty Council. PASSED AND APPROVED this the 27th day of Aprtl, lO87. ATTEST C'M'AR~OTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS v /' / CITY OF DENTON .^GE opS___ IH /J ADMINISTFIA TIVE POLICY / PROCEDURE REFERENCE SECTION FINANCB POLICIF, S NUMBER 408 01 EFFECTIVE DATE SUEJECT RBIMBURSBM]~NT OF EMPLOYF,~ EXPF. NSES 4/7/82 REPLACES TITLE TRAV]~L EXPMNSMS Approval Required for Travel on City Bus,ness. The City will pay for expenses while traveling on City business. The Ctty employee must be traveling at the direction or with the approval of their department director. The City will not be liable for the costs of any employee travel without the prior approval of the department director. 2. Reimbursement for Actual Expenses. The City will not pay per diem expenses. The City will pay employee's actual costs as authorized within these policies. First-Class Accommodations Prohlbtted. The City of Denton wtll not reimburse 6~rst-class alrfare or travel accommodations which exceed reasonable levels. An employee may choose to travel f~rst-class, but the C~tv will only pay for normal coach or tourtst class. IF coach is not available, the C~ty w~ll pay for F~rst-class. "EXHIBIT A" PAGE 2 ,OF 8 i CITY OF DENTON ADMINISTRATIVE POLICY / PROCEDURE (continued) REFERENCE TRAVEL EXPENSES TITLE I NUMBER ,408.01 4. Spouses' Expenses, The Cttv oF Denton wzll not pay for spouses' expenses. S. Entertainment. The C~ty of Denton will not reimburse an employee for entertainment unless zs speczfzcally related to the purpose of the tr~p. 6. Lzabzlzt¥ Coverage. Czty employees traveling on Ctty buszness wzll be covered by insurance to the same extent they are covered during their regular work hours. ( 7. Receipts Required for Reimbursement. Employees must provtde receipts for all expenses over $?g. Receipts for hotels and alrfare will always be provided. The employee w~ll ~rowde recexpts for registration or any other expenses ever $25. Receipts for meals do not need to be provided when under $2~. PAGE 3 OF 8 CITY OF DENTON ADMINISTRATIVE POLICY/PROCEDURE (continued) REFERENCE TITLE TRAV~.L HXPRNSMS NUMBER 408.01 8. Transportation. a. Commercial A~rl~nes. The C~t¥ of Denton will pay employees for round trip a~r coach. Employees are encouraged to fly using discounts that may be avaIlable. However, employees are not required to fly at unusual times because of dIscounts. b. Private Azr Carriers and Charters. Employees may not use ~rxvate azrplanes or charters without the expressed approval o£ ~( the Ctty Manager. Cost sawn~s or schedule reqmrements must be shown. c. Vehicle Rental. The C~ty shall not pay for rented cars without department d~rector approval. Cost sawngs or schedule reqmrements must he shown. d. Tax~ and Ltmos~nes The C~ty w~ll reimburse employee's taxi and ltmoslne fares for reqmred transportation. ,ASE 4 OF 8 CITY OF DENTON ADMINISTRATIVE POLICY / PROCEDURE (continued) ,, ' REFERENCE TITLE TRAVI~L I~XPF~NSI~S NUMBER 408 01 e. Personal Vehzcles. Wzth aoproval of the department dzrector, Czty employees maw use thezr personal vehzcles for out-of-town travel. The Czty of Denton wzll ~a¥ per mzle. When an employee bas approval to use a personal car on a trzp and the destznatzon zs farther than ~00 miles, the Czty of Denton wtll not rezmhurse the employee for any expenses rsucb as lodEzng and meals) ~n transzt whzch, as a total, exceed the cost of reRular round trzp azr coach. Any travel tzme beyond the normal travel tzme when takzn~ scheduled azrlznes wzll be taken by the emmloYee as vacatzon tzme. Normal travel wzll not exceed one daw. The Czty wzll pay for any reqmred mzleage at the destznatzon The Czty wzll pay for parkzn2 expenses at the destination Thts zncludes oark~ng expenses at the a~r~ort when the emnloyee flys on the tr~p. PAGE 5 OF8 CITY OF DENTON ADMINISTRATIVE POLICY / PROCEDURE (continued) | REFERENCE T~TLE TRAVRL EXPENSI~S U~ER 408.01 When an employee ~s drzwn~ a personal vehicle outside of the Cztv and has car £azlure, the Czty w~ll pay the expense of towzng the vehicle to the nearest garage. The employee pays for the repairs. f. Czty Vehicles. C~tv vehicles may be used when deemed feaszble by the department d~rector. D~rect e×~enses assoczated w~th the use of that vehicle w~ll be reimbursed [~.e. ~as and ozl). ~ ( g. Parkzng. The Czty wzll pay for airport parkzng requzred wbzle an employee zs out of town The Czty wzll also pay reauzred parkzng fees of employees drzwng a personal car, Czty car or rented car at the destination. PAGE 6 ,OF8 C/TY O? DENTON ADMINISTRATIVE POL/CY / PROCEDURE (continued) / REFERENCE NUMBER 408. O1 TITLE TRAVRL RXPRNSRS o. Accommodatxons a. Hotels. The C~ty w~ll pay actual expenses of hotels, motels, or lodging. The lodRlng expenses while usln~ a personal vehicle are covered in Section A.~.e. The City will pay for a single room. If the employee stays ~n a room w~th another occupant, the employee must adlust the b~ll by the d~fference in cost. I~ b. Meals. The City w~ll pay for the cost of ' meals ~n travel. The C~t¥ will not pay for meals for persons who are not employees o~ the City of Denton except as aD,roved in writing by the department director. If an exception ~s granted, meal receipts should indicate who attended and the purpose of the meal The C~t¥ w~ll pay for meals at scheduled seminars, training or meetings conducted within the metroplex area. But, the C~t¥ .A~E 7 OF 8 CITY OF DENTON ADMINISTRATIVE POLICY / PROCEDURE (continued) REFERENCE NUMBER TITLE T~,A'V']~ ~XP~NS]~S /-4.08 ff O[ wzll not pay for staff functions wzthout przor approval of the department dzrector. Employees wzll not be rezmbursed for alcoholzc beverages at any t~me c. Telephone. The Czty of Denton wzll pay the cost of one personal phone call to home each day. The Cztv wzll rezmburse the employee for all calls placed for bustness Durposes. d. Inczdental ~xpenses. The C~tv of Denton w~ll not pay for cleaning, shoe sbznes, magazznes and books, theatre t~ckets, sports events, haircuts and other s~m~lar ~nc~dental expenses 10. Advances and Rezmbursements. The Czty will ~ssue an advance for estimated travel expenses. Followzng a tr~p, employees must account for their travel expenses w~thzn forty [40) workine days of the tr~p. The employee must use the reqmred forms for advances and reimbursement requests. The department azrector must anprove both PAGE 8 OF 8 CITY OF DENTON ADMINISTRATIVE POLICY / PROCEDURE (continued) " REFERENCE TITLE TRAVEL EXPENSES NUMBER 408. O1 Travel on Behalf of Other Agencies. Wxth approval of the department dzrector, employees may be granted travel time on behalf of other organlzatlons. In unusual clrcumstances~ the Director of Elnance can approve an advance of City funds for travel on behalf of other organizations. RESOLUTION WHEREAS, the community school program represents an investment of local funds in facll~t~es, land, equipment, and a public services system; and WHEREAS, there is a diverse and critical need for community services, adult education, vocational education, cont~nulng education and training, special needs education, recreation, health services, and other social services, provided at the neighborhood level for citizens of all ages; and WHEREAS, public school systems are ~n a unique position to both provide many of these services directly and assist other local governmental systems and public and private agencies the delivery of such services; and WHEREAS, urban~zatlon and increased mobility of our society has weakened the sense of identity with established community services system; and WHEREAS, the State Board of Education pointed out that the community education concept can be a positive and effective approach to achieving coordinated delivery of the range of public services at the neighborhood level and that local public education agencies can and should provide leadership in lmplement~ng the community school or "full service school" concept; Now, Therefore, BE IT HEREBY RESOLVED that the City Council of the C~ty of Denton, Texas, hereby loins w~th the Board of Trustees of the Denton Independent School District and the Texas State Board of Education in this reaffirmation of faith in the ablllty of public education in Texas to relate to and serve all c~tlzens and urges all staff to incorporate th~s approach to community service into their philosophical orientation toward their duties. PASSED AND APPROVED this the 27th day of;prll, 1982. . vCITF OF DE~TON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Next Do ' c,,ument RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON TEXAS: The Mayor is hereby authorized and d%rected to execute on behalf of the City of Denton, Texas, a Pipeline Llcense Agreement dated April 19, 1982, between the City of Denton and the Missouri Paclflc Railroad Company, relating to the construction and maintenance of one twenty-four inch (24") sewer line beneath Missouri Paclfic's right-of-way between Engineer's Cha~nage Station 11196+10 (Mile Post 212.05) and Engineer's Cha~nage Station 11211+10 (Mile Post 212.33), (150' to ]650' South of MP 212), Denton County, Texas. j.~ PASSED AND APPROVED this the~'~---~ day of May, 1982. ~C~b ~.~ST~WA'~T, ~AYOR ~IT9 OF DyNTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY:~,~~~ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 4TH DAY OF MAY, A.D. 1982 RESOLUTION WHEREAS, Decoration Day is an important community event; and WHEREAS, the City of Denton wishes to encourage this day with a coordinated community effort; and WHEREAS, the citizens of the City of Denton wish to honor their loved ones through this act of remembrance and beautification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: the last Sunday in May of each year be offlc~ally proclaimed as Cemetery Decoratlon Day ~n the City of Denton, Texas. PASSED AND APPROVED this the 4th day of May, 1982. / / ATTEST: CHARLOTTE '~LLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM~ C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION IN APPRECIATION MARK SALTSMAN WHEREAS, on behalf of the citizens of the City of Denton, the City Council desire to public express their sincere gratitude to MARK SALTSMAN for his heroic action on April ?~, 7982; WHERMAS, Mr. SALTSMAN was instrumental tn rescuing Ms. Mary Riney and her daughter, Alice Uland, from drowning when the automobile they were driving was swept off a bridge on Woodrow Lane, NOW, THEREFORe, the City Council of the City of Denton actln~ on behalf of the citizens of Denton wishes to acknowledge with grateful appreciation the heroic act of MARK SALTSMAN, and order that this Resolution be made a part of the official minutes of this Council to be a permanent record of the City, that a copy of same be forwarded to MARK SALTSMAN, as a token of our appreciation. PASSED AND APPROVED this the l~th day of May, 1987. ATTEST' CHARLOTTI~ ~LLI~N, CITY S]~CRI~TARY CITY OF DENTON, TEXAS APPROVED AS TO LBC, AL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION IN APPRECIATION RICHARD FLOYD I/HERBAS, on behalf o£ the cittTens o£ the City Denton, the City Council desire to puhllc express their sincere gratitude to RICHARD FLOYD for his heroic action on April 28, 1982; WHEREAS, Mr. FLOYD was instrumental ~n rescmng Ms Mary R~ney and her daughter, Alice Uland, £rom drowning when the automobile they were driving was swept off a bridge on ~oodrow Lane; NOW, THEREFORE, the City Council of the City oF Denton acting on behalf of the citizens of Denton wishes to acknowledge with grateful appreciation the heroic act of RICHARD FLOYD, and order that tb~s Resolution be made a part of the official m~nutes of this Council to be a permanent record of the City, that a copy of same be forwarded to RICHARD FLOYD, as a token of our appreciation. PASSED AND APPROVED this the llth day of May, ~982. ~I~"~D C~ STE~A_~T, ~.YOR~' CIT~ OF D~NTON, TfiXAS ATTEST: CHARLOTTE ALL~N, CITY SBCRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS -/ RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Mayor of the City of Denton, Texas, is hereby authorized to execute on behalf of the City of Denton two Quitclaim Deeds abandoning the below described easements as follows: 1. Easement recorded in Volume 1106, Page 78 of the Deed Records of Denton County, Texas, and which are located within, on or across that certain real property described as Tract Five, in Exhibit A of a Partition Deed recorded in Volume 947, Page 751 of the Deed Records of Denton County, Texas, such description being incorporated herein by reference. 2. Easement recorded in Volume 1106, Page 78 of the Deed Records of Denton County, Texas, and which are located within, on or across that certain real property conveyed by Warranty Deed by Bob E. Trlpp, David Evers Tripp, Robbie Kathleen Susie Trlpp King, John Walter Tripp and Celina Anne Trtpp to Bob E. Trlpp and David E. Tripp, Trustees and described in Exh%blt A attached thereto, sa~d Warranty Deed being recorded ~n Volume 996, Page 376 of the Deed Records of Denton County, Texas, such description being incorporated herein by reference. PASSED AND APPROVED this the llth day of May, 1982. A °Rv ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM.' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS QUITCLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON That the CITY OF DENTON, TEXAS, a municipal corporation located in the County of Denton, State of Texas, for and in consideration of the sum of One and No/100 (~1.00% Dollar and other ~goOd and valuable consideration, in hand Dald by the grantee named, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND QUITCLAIMED and by these presents does ~RANT, SELL, AND QUITCLAIM unto BOB E. TRIPP AND DAVID E. ~RIPP FOR THE BOB E. TRIPP TRUST NO. 2 ali its rlqht, title and lnterest and to all those certain easements and real property interests assigned by Brazos Eleotric Power Cooperative, Inc. to the grantor herein named, said assignment of easements being recorded in Volume 1106, Paqe 78 of the Deed Records of Denton County~ Texas, and which are located wlthln, on or across that certain rea] property conveyed by Warranty Deed by Bob E. TripD, David Evers Tripp, Robbie Kathleen Susie Trlpp King, John Walter Trtpp and Cel~na Anne Tripp to Bob E. Trlpp and David E. Trlpp, Trustees and described in Exhibit A attached thereto, said Warranty Deed being recorded in Volume 996, Page 376 of the Deed Records of Denton County, Texas, such descript~on being ~ncorporated herein by reference. TO HAVE AND TO HOLD all of its right, title and interest in and to the above described easements lying on, in and across the abov~_described property and prem%ses unto the said grantee, its heirs .and assigns forever, so that neither the grantor nor its legal representatives, assigns nor successors shall have claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. EXHC T D t iS of , ATTEST: C~"~RLOTTE ALLEN, C~'*'~ SECRETARY CITY OF DENTON, TEXAS Th~%~3nstrument wa~ acknowledged/)b~f~re ~e ~n~is ~/_~-~day of ~//J~_ , 1982 by /"~/~6~d~.~'/-.~--/~F, ~ayor of the Cit~ of Denton, Texas, a mu~icipal corpor'ation, °n b~half of sa~d corporation. QUITCLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY ~HESE PRESENTS: COUNTY OF DENTON That the CITY OF DENTON, TEXAS, a municipal corporation located in the County of Denton, State of Texas, for and in consideration of the sum of One and No/100 (91.00) Dollar and other ~ood and valuable consideration, in hand paid by the grantee named, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND QUITCLAIMED and by these presentg does GRANT, SELL, AND QUITCLAIM unto BOB E. TRIPP AND DAVID E. ~RIPP FOR THE BOB E. TRIPP TRUST NO. 2 ali its right, title and interest in and to all those certain easements and real property Interests assigned by Brazos Electric Power Cooperative, Inc. to the grantor herein named, said assignment of easements being recorded in Volume 1106, Page 78 of the Deed Records of Denton County, Texas, and which are located wlthln, on or across that certain rea] property conveyed by Warranty Deed by Bob E. Tripp, David Evers Trlpp, Robbie Kathleen Susie Trlpp King, John Walter Tripp and Celina Anne Tripp to Bob E. Trlpp and David E. Tripp, Trustees and described in Exhibit A attached thereto, said Warranty Deed being recorded in Volume 996, Page 376 of the Deed Records of Denton County, Texas, such description being ~ncorporated herein by reference. TO HAVE AND TO HOLD all of its right, title and interest in and to the above described easements lying on, in and across the above_described property and prem%ses unto the said grantee, heirs and assigns forever, so that neither the grantor nor its legal representatives, assigns nor successors shall have claim or demand any right or title to the aforesaid property, premises or appurtenances or an~art thereof. EXECUTED this //~. day of ~_.,2~./ , lgS~. ATTEST: CHAn~L0~TE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowled~a(~ before, me~.on this //~ day of ~ , 1982 by ~'~/.~_/2~ ~7./~ , Mayor of th~ Cit,'of Denton, Texas, F-municipal c~rporatlon, on b~half of sald co~poration. ~ (~_~) I ~~J~N~ES~ DE~ON COUNTY, TEXAS t):oeumem 155L RESOLUTION WHEREAS, the term of office for Place 3 of the City of Denton, Texas on the Board of Directors of the Texas Municipal Power Agency will terminate in July, 1982; and WHEREAS, Roland Vela was heretofore appointed by the City Council of the City of Denton, Texas to Place 3 on the Board of Directors of the Texas Municipal Power Agency and has been serving as such Director to the present t~me; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS. SECTION I. Pursuant to the terms and provisions of Ordinance No. 75-29 of the City of Denton, Texas, Roland Vela is hereby appointed to the term of office of Place 3 on the the Board of Directors of the Texas Municipal Power Agency. SECTION II. This Resolution shall become effective from and after its date of passage, and it is so ordere~. PASSED AND APPROVED this the ~- day of June, 1982. ~(IC~RD O.TSTEWA~T, MAYOR CITY OF DENTON, TEXAS ATTEST: CHAR~OTT~--AL~EN~,~3TT~ SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated April 19, 1982, between the City of Denton and the Missouri-Pacific Railroad Company, relating to the construction and maintenance of one twenty-four (24") inch sewer llne beneath Mlssouri-Pacific's right of way between Englneer's Chainage Station 11196+10 (Mile Post 212.05) and Engineer's Chainage Station 11211+10 (Mile Post 212.33), (150' to 1650' south of MP 212), Denton County, Texas. PASSED AND APPROVED this the /~ day of June, 1982. c~iC~ARD O/ ST~WA~,~, MAYOR ~Y OF D~NTON, TEXAS ATTEST: CHARLOTTE ALLEN, CfTY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Next Document RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF TEE CITY OF DENTON, TEXAS: SECTION I. The Denton Sesqulcentennlal Master Plan and Logo use, a copy of which is attached hereto as Attachment II and III and made a part hereof is hereby approved by the City Council. PASSED AND APPROVED this the ~___~-da¥ of , 1982. ATTEST: CHARLDTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL PO~= C. J. TAYLOR, JR., CITY ATTO~EY CITY OF DE~ON, TEXAS ATTACHMENT II DENTON SESQUICENTENNIAL MASTER PLAN The following projects/festivals/exhibits have been choses by Oenton's Sesquicentennial Coordinating Committee for inclusion in the 1986 celebration in the City of Denton: 1. Support the Greater Denton Arts Council in its building campaign-- Work on converting two older City of Denton buildings to serve as a permanent home for the arts is underway, the Sesquicentennial Steering Committee will appoint a subcommittee to aid the officers of the GDAC in making specific plans. It is hoped that by 1986 the two buildings will be in use and can be designated as Independence Community buildings. 2.* Restore the Evers House as a community project and as a gift to the community--The exterior of the house, damaged in a fire, has been restored; it is hoped that permission can be gained from the owner for work to continue on the interior. Mrs. Isabel Miller, architect and member of the Oenton Historical Commission, will be asked to coordinate this effort. 3. Restore Bloomfield School on~treet--This one room school house has been moved onto the North Texas State University campus. Help will be sought from the two Junior Historians clubs at the two Junior high schools in Denton. 4. Special con~ests-- a. Writing contests will be sponsored by the PTA organization in each of the schools. b. Photograph contests will be sponsored by the Convention and Visitors Bureau. 5. Spec.fa1 displays or exhibits-- a. Family helrlooms will be shown in the Courthouse-on-the-Square Museum, sponsored by the Denton Historical Commission. b. Farm Implement exhibits will be shown at a central location in Oenton, probably the Courthouse lawn or the Denton Fairgrounds; coordinator(s) will probably be members of the Denton Historical Commission c. Antique Car display will be coordinated by members of Denton's Antique Car Club. B. Art book on Denton homes--The Steering Committee will select a local Denton artist to serve as chairman of this project. 7. Promote the writing of school histories with exhibits and skits around the ~ourthouse Square--Denton Independent School District and local PTA Organizations will be involved in this project *Completion of Project #2 is, of course, contingent on permission of the owner Its appearance on this list reflects the wish of the Steering Committee that this beautiful, historic home be restored and become a part of the permanent history of the City of Denton. ATTACHM£NT II--page 8. Time capsule committee--Involve Congress and Strtckland Junior High Junior Historians in. this project along with possible aid from members of the Denton Chamber of Commerce. g. S~mposium on history of Texas women--Symposium will be held on the campus of Texas Woman's University and coordinated by the History/ ~overnment department of Texas Woman's University and the History department of North Texas State University lO. Tree or shrub-planting campaign--This project will be coordinated by the beautification committee of the Denton Chamber of Commerce ll. Slide program.for school children--Work has already begun on this project, with one slide presentation on Texas Missions completed by Thelma and Srady Stevens (Thelma is in charge of the Courthouse-on- the-Square Museum). Similar projects are already planned by the Stevenses. 12. Oral history project--Dr. Eon Marcello, a member of the Steering Committee and Director of the Oral History Collection at North Texas State University, has agreed to determine the focus for this project and to oversee it. 13. Scrapbook of Denton activities, to be housed permanently in the Courthouse-on-the-Square Museu~ or Denton Public Library--All publicity on Sesquecentennial activities in Denton will be filed and placed in a scrapbook to be kept pemamently as a memento of the celebration. 14. Fun tour of Denton--The C~nYention/Vtsitors Bureau of Denton w~ll coordinate tours, which will include historic buildings and homes in the City of Denton. lB. Homecomings and famtly reunions--Publicity in the Denton Record-Chronicle will encourage such reunions throughout 1986 In addition, specific homecoming celebrations will be coordinated through a subcommittee of I the Steering Committee 16. Neighborhood involvement ~ttvtttes--Through features in the Denton Record Chronicle, neighborhoods will be encouraged to function as a group to beautify areas and to host special celebrations. 17. Festivals-- ~.-T"-l~-~raditional Denton Spring Fling will, in 1986, be a focal point for the Sesquecentenntal celebration. The already-existing executive committee of the annual Spring ~ing will plan the activity b. Special programs will be held on days important in Texas history such as April 21, May S etc. These will be coordinated through, in some cases, already-exlsting organizations and, in other cases, , through specially appointed subcommittees of the Steering Committee ATTACHMENT III LOGO USE 1. The logo will be used as part of a permanent plaque on all building associated with the Sesquecentennial Celebretion in the Cttyo¢ Denton {e.g., Nos. 1, 2, 3 on the Master Plan described in Attachment II). 2. The logo will be used in publicity involving the Sesque- centennial Celebration (e.g., Nos. 4, 5, 9, 10, 14, 16, and 17 on the Master Plan described in Attachment II) 3. The logo will be used to designate various permanent mementos of the Sesquecentenntal Celebration {e.g., Nos. 6 and 13 on the Master Plan described in Attachment II). 4 The logo will be used on items which are fund-raising, such as bumper stickers or t-shirts. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated July 1, 1982, between the City of Denton and the Missouri-Kansas-Texas Railroad Company relating to the construction, reconstruction, use, maintenance repairing and ~nstallation of one aerial electric distribution line containing a maximum of 13.2 KV, across or along the right of way of Licensor at or near Mile Post K-723.96 ~n Denton County, Texas, being DOT No. 414 684 V. PASSED AND APPROVED this the ~' day of July, 1982. ATTEST: CHAR~OTT~. ALLEN, CfTY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Next Document RESOLUTION WHEREAS, the City of Denton has and expects to continue to enjoy a pattern of growth and development throughout the 1980's and beyond; and WHEREAS, the community in response to ~uch growth and development has instituted a process to address questions of land use planning, development and control; and WHEREAS, as a result of such process a document titled Denton Development Guide (1981) was produced; and WHEREAS, the City Council of the City of Denton, Texas believes that such document is a useful tool to be used to aid in the day-to-day decis~ons concerning growth and development of the City and adoptsd the Guide for such use; and WHEREAS, procedure policies in the Guide require yearly Planning and Zoning Commission review and recommendations as to modif~cations if needed; and WHEREAS, the Planning and Zoning Commislon has completed its 1982 review and has recommended to the City Council re-adoption of the Development Guide with noted changes for use ~n 1982. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,, TEXAS: SECTION I. That the Denton Development Guide (1981}, a copy of which is attached hereto, with noted changes, shall be and is re-adopted for 1982 as the official land use and Development Guide for the City to be used in planning, development and land use decisions in the manner and for the purposes stated in,such document. ~J PASSE~ AND APPROVED this the~/~ day of~~__, 1982. C~iC~RD-O?/STEWA~(T, MAYOR~ T~ OF D~NTON, TEXAS ATTEST: CHARLOTTE-ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM= C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Due to the lack of a quorum, the regular meeting of the City Council set for August 17, 1982 is hereby canceled. PASSED AND APPROVED this the 6th day of August, 1982. ATTEST: CHAR~(~TTE 'A-LLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS 190L RE S OLUT I ON WHEREAS, the Texas Main Street Center of the Texas Historical Commission has been created to assist small cities to develop a public-private effort to revitalize their "Main Street" areas, and five Texas cities will be selected to participate in the project in 1983; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT: SECTION I. The City of Denton, Texas apply for selection to participate in the 1983 "Main Street" program with the specific goal of revitalizing the central business district within the context of the preservation and rehabilitation of its historic buildings. SECTION II. That the City of Denton will fund and employ a Main Street Pro3ect Manager and provide the manager with travel funding for training. SECTION III. That the City Manager be designated to coordinate the program activities. PASSED AND APPROVED this the ~_~/~day of ~, 1982 O/ S EW (T, MAYO,'d/ CIT~ OF ~NTON, TEXAS ATTEST~ CH~R~OTTE'ALLEN, C~Y SECRETARY CITY OF DENTON~ TEXAS APPROVED AS ~ LEGAL FO~: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS 170L RESOLUTION WHEREAS, the Denton County Housing Finance Corporation (the "Corporation") was created by Resolution adopted by the Commissioners Court of Denton County, Texas (the "County") pursuant to Article 12691-7, Vernon's Texas Civil Statutes, as amended (the "Act"); and WHEREAS, pursuant to the Act, the Corporation intends to issue its Single Family Mortgage Revenue Bonds, Series 1983 (the "Bonds") in the approximate amount of $25,850,000 in order to provide funds to purchase from participating lenders mortqage loans that have been made to eligible borrowers to finance owner occupied single family residential housing within the County; and WHEREAS, the Act requires that the governing body of any city located within the County, the population of which exceeds 20,000 must approve the use of the proceeds of the Bonds to purchase home mortgages for homes located within such City; WHEREAS, it is found and determined that it is within the best interest of the inhabitants of the City of Denton, Texas (the "City"), and will promote the public welfare and the public purposes of the Act for the proceeds of the Bonds to be used to purchase home mortgages for homes located within the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The use of the proceeds of the Bonds to purchase home mortgages for homes located within the territorial limits of the City is hereby authorized and approved, and the inclusion of the City within the "Eligible Loan Area" as used and defined in the Sale, Servicing and Administration Agreements, to be entered into by and between the Corporation, the party named as Administrator therein, the party named as Trustee, therein, and the participating lenders is hereby approved. PAGE ONE The Mayor of the City of Denton is hereby authorized to execute and deliver such endorsements, instruments, certificates, documents or papers necessary or vital to carry out the intent and purposes of this Resolution. PASSED AND APPROVED this the 24th day of August, 1982. ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM= C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS PAGE TWO CERTIFICATE FOR RESOLUTION AUTHORIZING INCLUSION OF THE CITY OF DENTON, TEXAS, WITHIN THE "ELIGIBLE LOAN AREA" IN CONNECTION WITH DENTON COUNTY HOUSING FINANCE CORPORATION SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 1983 We, the underslgned officials of Denton, Texas (the "City"), hereby certify as follows: 1. The City Council (the "Councll") of the C~ty of Denton convened in ~ session at on ~j~~./~ f~-7---~(the "Meeting"), at the deSig- nated m~eting pt~ce, and the roll was called of ~e duly constltuted me~ers of ~e Council, to-wit. Richard O. Stewart, Mayor Dr A. Ray Stephens, Councilman Mark Chew, Councilman J~m R~ddlesperger, Councilman ~~ ........... ~=~, Councilman Joe Alford, Councilman ~/~, Councilman All cE such persons were present, except ~e ~ollowmn9 ~sentees: thus constituting a quorum. ~ereupon a written RESOL~ION A~HORIZING INCLUSION OF ~ CI~ OF DENTON, TE~S, WI~IN T~ "ELIGIBLE LO~ ~A" IN CO~ECTION WITH DE~ON CO~Y HOUSING FIN~CE CORPO~TION SINGLE F~ILY MORTGAGE RE~E BO~S, SERIES 1983 (~e "Resolutlon") was duly moved and seconded and, after due discussion, said motion, carrying wl~ it the adoption of the Resolutlon, prevailed and carried by the following votes' A~S: ~ NOES 2. A true, full, and correct copy of the Resolution ~s attached to and follows th~s Certificate, the Resolution has been duly recorded in the minutes of the Meetlng; the ~ove and foregoing paragraph zs a true, full, and correct excerpt from ~e minutes of the Meeting pertain- lng to the adoption of ~e Resolution, the persons named in the $ove and foregoing paragraph are ~e duly elected, ~allfled, and acting me~ers of the Council, each of such me~ers was duly and sufficiently notified officially and 9ersonally, in advance, of the time, place, and purpose of Such Meeting, and that ~e Resolution would be introduced and considered for adoption at that Meetlng, and each of such me~ers consented, in advance, to the holding of the meeting for such pu~ose.~/ /~~~~ Sec~eCar~ ~- Mayor Next Document RESOLUTION WHEREAS, It is necessary for the City of Denton to authorize submission of an application to the Texas Criminal Justice D~v~slon requesting a Crime Prevention Program; and WHEREAS, Senate Bill 127 was passed to enable the Criminal Justice Division to administer on a statew~de level criminal justice programs; and WHEREAS, the C~ty of Denton ~s eligible to receive such funds and is desirous to promote the public safety and well-being of its City through the reduction of cr~me; and WHEREAS, the City of Denton desires to reduce the cr~me rate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council of the C~ty of Denton, Texas, certifies that the C~ty ~s eligible to receive these funds and has authorized the staff to submit such application to the Texas Criminal Justice D~v~slon. SECTION II. The City Council authorizes and d~rects the C~ty Manager to represent and act for the C~ty of Denton ~n dealing w~th the Criminal Justice D~vlslon for the purpose of th~s program. SECTION III. To indicate the City's desire to par tlclpate ~n this program, a copy of th~s Resolution will be forwarded to the Texas Criminal Justice Dlv~slon and the North Central Texas Council of Governments. PASSED and APPROVED th~s the 28th day of Se~ptember, 1982. ~ P~ ~D ~-~EWART~' ~AYO--R "F ~F~TY ~F DENTON, TEXAS ATTEST: CHARLOTTE~ ALLEN, ~ITY SE~,.",'ARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, it lS necessary for the City of Denton to authorize submission of an application to the Texas Criminal Justice D~vls~on requesting a Narcotic Enforcement Unit; and WHEREAS, Senate Bill 127 was passed to enable the Criminal Justice D~v~slon to administer on a statew~de level criminal justice programs; and WHEREAS, the City of Denton is eligible to receive such funds and is desirous to promote the public safety and well-being of ~ts City throuqh the reduction of crime; and WHEREAS, the C~ty of Denton has a need to reduce the use of narcotics and narcotic trafflcklng; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS- SECTION I. That the C~ty Council of the City of Denton, Texas, certifies that the City is eligible to receive these funds and has authorized the staff to submit such application to the Texas Criminal Justlce D~vislon. SECTION II. The C~ty Council authorizes and d~rects the C~ty Manager to represent and act for the City of Denton ~n deallnq w~th the Crlmlnal Justice Dlvlslon for the purpose of this program. SECTION III. To ~nd~cate the C~ty's desire to participate ~n this program, a copy of this Resolution will be forwarded to the Texas Criminal Justice D~vis~on and the North Central Texas Councll of Governments. PASSED and APPROVED this the 28th day of/eptember, 1982. / ~D '~.7 ST~WA~, FCIT~ OF D~NTON, TEXAS ' ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OP DENTON, TEXAS APPROVED AS TO LEGAL FORM.' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Next Document RESOLUTION BE IT RESOLVED BY TEE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas the following real estate sales contracts: 1. Contract of Sale between the City of Denton and Earl I. Edwards and wife, Ruth Edwards for One Hundred Eighty- Seven Thousand Dollars ($187,000.00) for 116.242 acres of land; 2. Contract of Sale between the City of Denton and Earl I. Edwards and w~fe, Ruth Edwards for Two Hundred Twenty Thousand Dollars ($220,000.00) for four houses and 2.6722 acres of land; 3. Contract of Sale between the City of Denton, Texas and Robert E. Edwards and wife, Elalne Edwards for Fifty- Two Thousand Dollars ($52,000.00) for one house and 0.467 acres of land. 4. Contract of Sale between the City of Denton, Texas and William Warren Edwards and wife, Pamela J. Edwards for Sixty Thousand Dollars ($60,000.00) for one house and 0.501 acres of land. 5. Contract of Sale between the C~tv of Denton, Texas and Robert E. Edwards and wife, Elaine Edwards and William Warren Edwards and wife, Pamela J. Edwards for One Hundred Forty-One Thousand Dollars ($141,000.00) for four houses and 1.926 acres of land. 6. Contract of Sale between Richard Clark Shelton and wife, Myrtle Elizabeth Shelton for Forty Thousand Dollars ($40,000.00) for one house and 0.473 acres of land. A copy of each of said contracts being attached hereto and made a part hereof for all purposes. SECTION II. Th~s resolution shall become effective from and after ~ts date of passage. ~ ~ PASSED AND APPROVED this the ~-- day of .~d ~r, 1982. /~IC~RD-0.7ST~WA~, -MAYO~"~ CI~T{ OF DE~TON, TEXAS ATTEST: CHARLOTT~ ALLEN';,V~ITY SECRETARY CITY OF'DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS CONTRACT OF S~LE THE STATE OF TEXAS § § KNOW ALL MEN BY T~ESE PRESENTS that COUNTY OF DENTON § E~RL I. EDWARDS and wife, RUTH EDWARDS, hereinafter called "Seller", whether one or more, hereby agrees to sell and convey to CITY OF DENTON, TEXAS, a Municipal Corporation, hereinafter called "Purchaser", whether one or more, and Purchaser hereby agrees to buy and pay for the following described real property situated zn Denton County, Texas, ~o-wlt Fully descrzbed zn Exhzbzt A attached hereto and made a part hereof. together wzth all and s~ngular the r~ghts and appurtenances pertaznzng thereto, zncludlng any rzght, t~tle and ~nterest of the Seller zn and to adjacent streets, alleys, or rzghts-of-way, such real estate, rzghts and appurtenances bezng herezn referred to as the "property". Thzs conveyance shall be subject to easements of record. 1. The total sales przce zs $187,000.00, payable as follows Ail cash to be pazd at closzng. 2. Possesszon of the property shall be delivered by Seller to Purchaser at closzng The Closing shall take place at Denton, Texas on the ~5th day of November, 1982 at the offices of USLIFE TITLE OF DENTON, 531 North Locust. 3. There zs no real estate agent znvolved ~n this transactzon. 4. Speczal Condltzons (a) Seller will furnzsh survey. CO~T~-CT OF SALE, Pag~ One 5 Seller agrees to furnish to Purchaser at Seller's expense an Owners Tztle Pollcy covering the above described real estate con- talnlng no exceptions or condltzons onher than the standard exceptions prznted in the Owners Title Policy and the condztzons and exceptzons stated zn paragraph 6 hereof. 6. Seller warrants and represents to Purchaser that at the t~me of Closzng hereunder he will have and wzll convey to Purchaser good and marketable t~tle to the property, free and clear of any and all encumbrances. Utlllty easements which do not adversely affect the value of the property, restrzctzve covenants and other conditions connection with the creations of any addltzon or subdzvzszon of which the property zs a part, zoning ordinances, and the lzen for current taxes shall not be deemed to the t~tle defects. 7. Purchaser hereby acknowledges that, at the tzme of the execu- tion of this contract, it has been advised that the Purchaser should be furnzshed with or obtain a polzcy of t~tle znsurance. 8. Rents and ad valorem taxes for the then current year shall be prorated at the Closzng,effectlve as of the Closing date. 9. Purchaser acknowledges that he has ~nspected all buzldings and improvements sztuated on the property and is thoroughly familiar wzth thezr condition, and Purchaser hereby accepts the property and the bulldzngs and improvements situated thereon, ~n their present cond~tzon, with such changes therein as may hereafter be caused by reasonable deterloratzon. If the bulldzngs and zmprovements sztuated on the property should be destroyed or damaged beyond repazr by fire, wzndstorm, hall, exploszon, or other casualty before the scheduled Closing date (as deferred by any postponement in accordance wzth paragraph 15), Purchaser may, at h~s option, termznate th~s contract by written notice delzvered to Seller on or prior to the scheduled Closing date. If the buzldlngs and Improvements situated on the prop- erty should be damaged, but not beyond repair, by f~re, wzndstorm, hall, explosion or other casualty before the scheduled Closing date (as deferred by any postponement ~n accordance wzth paragraph 15), Seller shall forthwith restore such property to subtantzally zts former CONTRACT OF SALF, Page Two condition, at Seller's sole expense, and neither Seller nor Purchaser shall have the right to terminate this contract by reason of such damage. 10. In the event the Seller zs unable to convey title to the prop- erty in accordance with paragraph 6 of this contract, Purchaser may at his option terminate this contract by written not~ce delivered to Seller on or prior to the scheduled Closing date (as deferred by any postponement in accordance with paragraph ]5), otherwise Purchaser shall be conclusively deemed to have accepted Seller's t~tle. 11. If this contract is terminated by Purchaser pursuant to paragraph 9 or 10 hereof, all amounts theretofore pa~d by Purchaser on the purchase price shall be promptly refunded to Purchaser, and the parties shall have no further obligation or liabilities one to the other. ~2. In the event that Seller should fail to consunmate this contract for any reason, except Purchaser's default, Purchaser may enforce specific performance of this contract or may bring suit for damages against Seller.% 13. In the event that Purchaser shall fall to consummate this contract for any reason, except Seller's default or the termination of this contract pursuant to paragraph 9 or lO hereof, Seller may bring suit for damages against Purchaser, or Seller may, at his option, enforce specific performance of this contract. 14. Seller warrants that no real estate agent zs ~nvolved with transaction. ]5. The Closing herein shall take place in Denton, Texas on the date stated zn this contracg provided that if on such date the title company has not yet approved tltle or if there are t~tle ob3ectlons which have not yet been cured, the Closing date shall be postponed not less than 5 nor more than 30 days to such date as shall be designated by the Seller by written not~ce to Purchaser. At the Closing, Purchaser shall pay to the Seller the unpald balance of the purchase price of the property as provided in paragraph ~ . and Seller shall del~ver to Purchaser an Owners Title Policy as specified ~n paragraph CONTRACT OF SALE, Page Three 5 and a General Warranty Deed ~n appropriate form to convey the pro- perty to Purchaser, free and clear of an l~ens or encumbrances except those expressly permitted hereby. 16. This contract embodies the complete agreement between the par- t~es hereto and cannot be varied or terminated except by the written agreement of the part~es. 17. The attorney for Seller is WILLIAM P. PHILIPS, JR., l~ North Elm, Denton, Texas 7620~. The attorney for Purchaser ~s C. J. TAYLOR, C~ty Attorney, Municipal Building, Denton, Texas. ~8. Any not~ce required or permitted to be delivered hereunder shall be deemed to be delivered, whether actually received or not, when deposited ~n the United States mall, postage prepaid, certified mall, return receipt requested, addressed to Seller or Purchaser, as the case may be, and as shown ~n the space marked address on this Co~tract, SIGNED in duplicate this day of , ~982, by Seller. SIGNED in duplicate thzs day of , ~982, by Purchaser. EARL t. EDWARDS -- Seller RUTH EDWARDS Seller Route 7, Box 64. Denton, %~X 7620~ Address of Seller 382-8183 Telepbone Number of Seller CITY OF DENTON, TEXAS ATTEST By RICHARD O. STEWART, Its Mayor City Secretary 215 E. McKznney, Denton~ Te-as 7620] Address of Purchaser Czty Manager 566-8307 C~tv Attorney 566-8333 T~lephone Number of Purchaser CONT~ACT OF MAL~, 9mge EXHIBIT A - -' ALL THAT CERTAIN tract or parcel of land sztuated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, being part of that certain 82.62 acre FIRST TRACT and part of that certazn 42.5 acre SECOND TRACT zn a deed from Ira E. Edwards et ux to Earl I. Edwards on July 25, 1945, recorded zn Volume 316, Page 368, plus part of a 15 acre tract deeded by A. R. Durham et ux to W. A. Edwards on April 11, 1890, recorded zn Volume 45, Page 38, Deed Records of said County, and being more particularly described zn a s~ngle tract as follows. - BEGINNING at a fence corner at the Southeast corner of sazd 82.62 acre tract on the East line of the 219 acre Lot 6 of John R. Henry Subd~vzsion of said Gzdeon Walker Survgy at a poznt 1594.4 feet North of the Southeast corner of said Lot 6, THENCE North 87 degrees 02 mznutes 50 seconds West wzth a fence 2406.03 feet to a fence corner, THENCE North 1 degree 45 mznutes East with a fence 542.0 feet to a fence corner, THENCE North 87 degrees 22 m~nutes l0 seconds West with a fence and crosszng the West l~ne of said 219 acre tract at the Southeast corner of said 15 acre tract 831.02 feet to the Southwest corner of sazd 15 acres and the Southeast corner of sazd 42.5 acre tract, THENCE North 88 degrees 19 mznutes 20 seconds West w[th a fence 790.6 feet to a fence corner at the Southeast corner of a 4.001 acre tract, THENCE North 1 degree 09 mznutes 20 seconds East wzth a fence 1056.1 feet to a steel pin, THENCE South 88 degrees 00 mznutes 30 seconds East 110.0 feet to a steel pzn, THENCE North 1 degree 09 mznutes 20 seconds E~t 250.0 feet to a corner in the mzddle of a publzc road; THENCE South 88 degrees 00 mznutes 30 seconds East with the middle of sazd road 63.0 feet to a corner, THENCE South 1 degree 09 mznutes 20 seconds West 250.0 feet to a steel pzn, THENCE South 88 degrees 00 mznutes 30 seconds East with a fence part of the way 973.65 feet to a fence corner, THENCE North 0 degrees 56 mznutes East w~th a fence 181.0 feet to a fence corner, THENCE South 72 degrees 44 mznutes East wzth a fence and crosszng the East lzne of sazd 15 acre tract, which ~s the West lzne of a 219 acre tract 2474.2 feet to a corner ~n Pecan Creek, THENCE down the middle of Pecan Creek with zts meanders the followzng 3 courses and distances (]) South 87 degrees 07 mzn- utes East 5~9.0 feet, (2) South 4 degrees 08 mznutes West 3~7.8 feet and (3) South 18 degrees 10 minutes 20 seconds East 109.92 feet to a corner on the East l~ne of sa~d 2~9 acres, THENCE South 4 degrees 18 m~nutes 30 seconds West wzth a fence on sa~d lzne 744.55 feet to the place of beg~nnzng, con- taznzng zn all 116.242 acres of land. CONTRACT OF SALE THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS that COUNTY OF DENTON § EARL I. EDWARDS and w~fe, RUTH EDWARDS, hereinafter called "Seller", whether one or more, hereby agrees to sell and convey to CITY OF DENTON, TEXAS, a Municzpal Corporation, hereznafter called "Purchaser", whether one or more, and Purchaser hereby agrees to buy and pay for the followzng described real property situated in Denton County, Texas, to-wit' Fully described ~n Exhibit A attached hereto and made a part hereof. together with all and singular the rights and appurtenances pertazn~ng thereto, zn¢luding any right, title and znterest of the Seller zn and to ad0acent streets, alleys, or r~ghts-of-way, such real estate, rzghts and appurtenances bezng herezn referred to as the "property". Thzs conveyance shall by subject to easements of record. 1. The total sales price ~s $220,000.00, payable as follows. Ail cash to be paid at closing. 2. Possession of the property shall be delzvered by Seller to Purchaser as fo%lows There are four (4) houses sztuated on the prooe~v, Three (3) of the houses are rent houses and the r~g house ms the house where Sellers reside At ¢loszng, t~zrchaser wzll becomm the landlord of the tenants lzv~ng zn r~he rent houses Seller w~ll have the rzght to renmzn mn the home where they presently reside for a perzod of four (4) ~nths from date of closing, rent-free The Closzng shall take place at Denton, Texas on the 15th day of November, 1982 at the offices of USLIFE TITLE OF DENTON, 531 North Locust. 3. There ~s no real estate agent znvolved in this transaction. 4. Special Conditlons- (a) Seller wzll furnzsh survey. CONTRACT OF SALE, Page One 5. Seller agrees to furnish to Purchaser at Seller's expense an Owners Title Polzcy covering the above described -re~-i est'ate con- taining no exceptions or conditions other than the standard exceptions prznted ~n the Owners Title Policy and the condztions and exceptions stated in paragraph 6 hereof. 6. Seller warrants and represents to Purchaser that at the t~me of Closzng hereunder he will have and w~ll convey to Purchas_er good and marketable title to the property, free and clear of any and all encumbrances. Utxlzty easements which do not adversely affect the value of the property, restrictzve covenants and other conditions zn connectzon with the creatlons of any addition or subdivlslon of which the property is a part, zoning ordinances, and the lien for current taxes shall not be deemed to the tltle defects. 7. Purchaser hereby acknowledges that, at the time of the execu- tion of this contract, it has been advzsed that the Purchaser should be furnished wzth or obtain a policy of title insurance. 8. Rents and ad valorem taxes for the then current year shall be prorated at the Closing \effective as of the Closing date. 9. Purchaser acknowledges that he has inspected all buildings and lmprovements situated on the property and is thoroughly familiar wzth their condition, and Purchaser hereby accepts the property and the bulldln'gs and improvements situated thereon, in their present condition, with such changes therezn as may hereafter be caused by reasonable deterioration. If the buildings and improvements situated on the property should be destroyed or damaged beyond repazr by flre, windstorm, hail, explosion, or other casualty before the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15), Purchaser may, at hzs option, terminate this contract by written notzce delivered to Seller on or prior to the scheduled Closzng date. If the buzld~ngs a~d zmprovements situated on the prop- erty should be damaged, but not beyond repair, by flre, windstorm, hail, explosion or other casualty before the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15), Seller shall forthwith restore such property to subtantlally its former CONTRACT OF SALE, Page Two condztlon, at Seller's sole expense, and neither Seller nor Purchaser shall have the right to terminate this contract by reason of such damage. 10. In the event the Seller is unable to convey title to the prop- erty ~n accordance with paragraph 6 of thzs contract, Purchaser may at his option termznate this contract by wrztten notice delivered to Seller on or prior to the scheduled Closzng date (as deferred_by any postponement in accordance with paragraph 15); otherwise Purchaser shall be concluszvely deemed to have accepted Seller's tltle. , J 11. If this contract is terminated by Purchaser pursuant to paragraph 9 or 10 hereof, all amounts theretofore paid by Purchaser on the purchase price shall be promptly refunded to Purchaser, and the partzes shall have no further obligation or liabilities one to the other. 12. In the event that Seller should fail to consummate th~s contract for any reason, except Purchaser's default, Purchaser may enforce specific performance of this contract or may brzng suit for damages against Seller. , 13. In the event that Purchaser shall fail to consummate th~s contract for any reason, except Seller's default or the termination of this contract pursuant to paragraph 9 or 10 hereof, Seller may brzng suxt for damages against Purchaser, or Seller may, at bls option, enforce specific performance of this contract. 14. Seller warrants that no real estate agent is ~nvolved wzth transactzon. 15. The Closing herein shall take place in Denton, Texas on the date stated in this contract provided that if on such date the title company has not yet approved title or if there are title oboectzons which have not yet been cured, the Closing date shall be postponed not less than 5 nor more than 30 days to such date as shall be designated by the Seller by wrztten notice to Purchaser. At the Closing, Purchaser shall pay to the Seller the unpaid balance of the purchase price of the property as provided zn paragraph 1, and Seller shall deliver to Purchaser an Owners Tltle Policy as specified zn paragraph CONTRACT OF SALE, Page Three 5 and a General Warranty Deed in approprzate form to convey the pro- perty to Purchaser, free and clear of an liens or encumbrances except those expressly permitted hereby. 16. This contract embodies the complete agreement between the par- ties hereto and cannot be varied or terminated except by the written agreement of the parties. 17. The attorney for Seller zs WILLIAM P. PHILIPS, JR., 1~1 North Elm, Denton, Texas 76201. The attorney for Purchaser ~s C. J. TAYLOR, Czty Attorney, Mun~czpal Building, Denton, Texas. 18. Any not,ce requzred or permitted to be delivered hereunder shall be deemed to be delivered, whether actually recezved or not, when deposzted in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, and as shown in the space marked address on th~s contract. SIGNED zn duplzcate this day of 1982, by Seller. SIGNED in duplicate this day of , 1982, by Purchaser. EARL I. EDWARDS --' Seller RUTH EDWARDS Seller Route 7~ Box 64~ Denton~ TX 7620] Address of Seller 382-8183 Telephone Number of Seller CITY OF DENTON, TEXAS ATTEST: By- RICHARD O. STEWART, Its Mayor City Secretary 215 E. McKtnney~ Denton~ Texas 76201 Address of Purchaser City Manager 566-8307 City Attorney 566-8333 Telephone Number of Purchaser CONTRACT OF SALE, Page Four Exh~b~ A Tract One All that certain tract or parcel of land ]y~n§ and beinq situated ~n the Gideon W]aker Survey, Abstract ]330, Denton County, Texas and being part of a (called) 42 5 acre Second Tract as described in a deed from Ira E. Edwards to Earl I Edwards on July 25, 1945, recorded ~n Volume 316, Page 368, Deed Records of Denton County, and be:ng more fully described as follows. COMMENCING at a steel p~n in the m~ddle of an East-West road at the Northeast cor- ner of sa~d 42 5 acre tract which ts the Northwest corner of a 1.196 acre tract described in a de~d from Earl I, Edwards to Robert E. Edwards on July ~u1972, recorded in Volume 650, Page 44, Deed Records of Denton County, THENCE N. 88" 00' 30" W. with the North boundary line of sa~d 42 5 acre trart ~n the middle of said road a d~stance of llO 0 feet to a steel Dln at the Northwest ~orner of a tract to Robert E. Edwards recorded ~n Volume 7191 Paqe 268, Deed Re- cords of Denton County and being thm point of beginning, THENCE S. t~ 09' 20" W a d~stance of 206 0 feet to a steel p~n at the Southwest corner of said Robert Edwards tract, THENCE S. 88~ 00' 30" E. with the South boundary line of said tract a d~stance of llO 0 feet to a steel pin, THENCE S. 1° 09' 20" W. a d~stance of 44~feet to a steel pin at the Southwest corner of said 1.lB6 acre tract, TH£NCE N. 88" 00' 30" W a distance of 638.70 feet to a steel THENCE N. 1° 09' 20" E a distance of 250 0 feet to a steel pin in the toddle of an East-West_road. on the North boundary line of sa~d 42.5 acre tract, THENCE S. 88° 00' 30" E ~lth the North boundary l~ne of said 42 5 acre tract ~n sa~d road a d~stance of 314 2 feet to a steel pin at the Northwest corner of a tract described tn a deed to Gray W Shelton and recorded ~n Volume 799, Page 358, Deed Records of Denton County, - THENCE Si-1~ 09'-20" W w~th the West boundary l~ne of said Shelton tract a d~s- tance of 206.0 feet to a steel pin; --t_. THENCE S. 88° 00' 30" E. with the South boundary line of said Shelton tract a dis- tance of lO0.O feet to a steel pin, THENCE N. 1~ 09' 20" E. w~th the East boundary l~ne of sa~d Shelton tract a distance of 206.0 feet to a steel p~n in the m~ddle of an East-West road; THENCE S. 88° 00' 30" E. with the North boundary line of sa}d 42 5 acre tract ~n said road a distance of 114.5 feet to the point of beginning and containing in all 2 6722 acres of land. Exhibit A - paEe one Exhlbzt A Tract two All that Certain tract or parcel of land situated in the G~d~n--'Jalk"e'r-~urve¥, Abstract 1330, Denton County, Texas, being a part of a certain {called) 42 acre Second trace,described in a deed from Ira E Edwards to Earl I. Edwards on July 25, 1946, recorded tn Volume 316, Page 368, Deed Records of saad County and being more fully described as follows BEGINNING at the Southeast corner of a (called) 0 501 acre tract descrabed in a deed from Earl I. Edwards, et ox, to W~ll~am Warren Edwards, et ox on November 24, 1971, recorded tn Volume 634, Page 169, Deed Records of Denton County, THENCE S 1° 09' 20" W a d~stance of 50 0 feet to a steel pin, _ ~HENCE N 88° 00' 30" W. a d~satne of llO.O feet to a steel THENCE N 1° 09' 20" E. a d~stance of 50 0 feet to the Southwest corner of sa~d 0 501 acre tract; THENCE S. 88° 00' 50" E w~th the South boudnary l~ne of said 0 501 acre tract a d~stance of llO 0 feet to the place of be~g~nn~ng and containing ~n all 0 126 acre of land. . Exhzbzt A - page two CONTRACT OF SALE THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS that. COUNTY OF DENTON § ROBERT E. EDWARDS and wzfe, ELAINE EDWARDS, hereinafter called "Seller", whether one or more, hereby agrees to sell and ~onvey to CITY OF DENTON, TEXAS, a Munlczpal Corporation, hereznafter called "Purchaser", whether one or more, and Purchaser hereby agrees to buy and pay for the following described real property situated zn Denton County, Texas, to-wit: Fully descrzbed ~n Exhzbit A attached hereto and made a part hereof. together w~th all and szngular the rights and appurtenances pertaining thereto, including any right, title and interest of the Seller in and to adoacent_ streets, alleys, or r~ghts-of-way, such real estate, r~ghts and--appurtemances-bezng-herezn referred to as the "property". Thzs conveyance shall be sub3ect to easements of record. 1. The total sales price zs $52,000.00, payable as follows Ail cash to be paid at closzng. 2. Possession of the property shall be delivered by Seller to Purchaser at closzng, wzth Purchaser becomzn~ The landlord of the tenant wh~ resldes upon the property, The Closing shall take place at Denton, Texas on the 15th day of November, 1982 at the offices of USLIFE TITLE OF DENTON, 531 North Locust. 3. There is no real estate agent ~nvolved in th~s transaction. 4. Special Condztions (a) Seller w~ll furnzsh survey. CONTRACT OF SALE, Page One 5. Seller agrees to furnish to Purchaser at Seller's expense an Owners Title Polzcy coverlng the above described ~e~l estate con- tainzng no exceptions or conditions other than the standard exceptions printed ~n the Owners T~tle Policy and the condztzons and exceptions stated ~n paragraph 6 hereof. 6. Seller warrants and represents to Purchaser that at the t~me of Closing hereunder he wzll have and wzll convey to Purchase_r good and marketable title to the property, free and clear of any and all encumbrances. Utility easements which do not adversely affect the value of the property, restrictive covenants and other conditions in connection with the creatzons of any addzt~on or subdzvzs~on of which the property ~s a part, zoning ordinances, and the lzen for current taxes shall not be deemed to the title defects. 7. Purchaser hereby acknowledges that, at the t~me of the execu- tzon of this contract, ~t has been advzsed that the Purchaser should be furnished with or obtazn a policy of t~tle ~nsurance. 8. Rents and ad valorem taxes for the then current year shall be prorated at the Closzng ~ffectzve as of the Closzng date. 9. Purchaser acknowledges that he has znspected all buildings and zmprovements situated on the property and zs thoroughly famzliar with thezr condition, and Purchaser hereby accepts the property and the buzldzn~s and zmprovements situated thereon, in their present condztion, w~th such changes therezn as may hereafter be caused by reasonable deterioration. If the buildings and ~mprovements s~tuated on the property should be destroyed or damaged beyond repair by fire, w~ndstorm, hail, explosion, or other casualty before the scheduled Closing date (as deferred by any postponement ~n accordance wzth paragraph 15), Purchaser may, at hzs option, terminate th~s contract by wrztten not~ce delivered to Seller on or prior to the scheduled Closzng date. If the bu~ldzngs and zmprovements s~tuated on the prop- erty should be damaged, but not beyond repazr, by f~re, wzndstorm, hail, explosion or other casualty before the scheduled Closing date (as deferred hy any postponement in accordance with paragraph 15), Seller shall forthwith restore such property to subtantzally ~ts former CONTRACT OF SALE, Page Two condition, at Seller's sole expense, and neither Seller nor Purchaser shall have the right to terminate this contract by reason of such damage. 10. In the event the Seller is unable to convey title to the prop- erty in accordance with paragraph 6 of this contract, Purchaser may at his option terminate this contract by written not~ce delivered to Seller on or prior to the scheduled Closing date (as deferred by any postponement zn accordance with paragraph 15), otherwise Purchaser shall be conclusively deemed to have accepted Seller's title. 11. If this contract is terminated by Purchaser pursuant to paragraph 9 or 10 hereof, all amounts theretofore p~ld by Purchaser on the purchase price shall be promptly refunded to Purchaser, and the parties shall have no further obligation or liabilitIes one to the other. 12. In the event that Seller should fail to consummate this contract for any reason, except Purchaser's default, Purchaser may enforce specific_ performance_of this contract or may bring suit for damages against Seller.~ 13. In the event that Purchaser shall fail to consummate this contract for any reason, except Seller's default or the termination of this contract pursuant to paragraph 9 or 10 hereof, Seller may bring suit ~or damages against Purchaser, or Seller may, at his option, enforce specific performance of this contract. 14. Seller warrants that no real estate agent ls ~nvolved with transaction. 15. The Closing herein shall take place ~n Denton, Texas on the date stated in this contract provided that if on such date the title company has not yet approved title or if there are title ob3ections which have not yet been cured, the Closing date shall be postponed not less than 5 nor more than 30 days to such date as shall be designated by the Seller by written notice to Purchaser. At the Closing, Purchaser shall pay to the Seller the unpald balance of the purchase price of the property as provided in paragraph l, and Seller shall deliver to Purchaser an Owners Title Polzcy as specified in paragraph CONTRACT OF SALE, Page Three 5 and a General Warranty Deed in appropriate form to convey the pro- perty to Purchaser, free and clear of an l~ens or encumbranceS' except those expressly permitted hereby. 16. This contract embodies the complete agreement between the par- ties hereto and cannot be varied or terminated except by the written agreement of the parties. 17. The attorney for Seller is WILLIAM P. PHILIPS, JR., 101_ North Elm, Denton, Texas 76201. The attorney for Purchaser is C. J. TAYLOR, City Attorney, Municipal Building, Denton, Texas. 18. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether actually received or not, when deposited zn the United States mall, postage prepazd, certifzed mall, return recezpt requested, addressed to Seller or Purchaser, as the case may be, and as shown in the space marked address on thzs contract. SIGNED ~n duplicate this day of ., 1982, by Seller. SIGNED in duplicate this day of , 1982, by Purchaser. ROBERT E. EDWARDS __ Selle~ ELAINE EDWARDS Seller 31 Cole Clrcle, Krum, Texas 76249 Address of Seller 482-62~2 Telephone Number of Seller' CITY OF DENTON, TEXAS ATTEST By RICHARD O. STEWART, Its Mayor ~ity Secretary 215 E. McKlnney, Denton, Texas 7620~ Address of Purchaser City Manager 566-8307 C~ty Attorney 566-8333 T~lephone Number of Purchaser CONTRACT OF SALE, Page Four EXHIBIT A - -' All that certain tract or parcel of land situated in the G~deon Walker Survey, Abstract 1330, Denton County, Texas, being part of a 42.5 acre tract conveyed by I. E. Edwards et al, to E. Edwards on July 25, 1945, recorded ~n Volume 316, Page 368, Deed Records of sazd County, a tract being more particularly descrzbed as follows BEGINNING at a corner in the m~ddle of a publzc road on the North l~ne of sa~d 42.5 acre tract at a poznt 700 feet East of the Northeast corner of a 5.000 acre tract conveyed by E. I. Edwards on June 27, t959, recorded ~n Volume 447, Page 685, Deed Records of said County; THENCE East with the North line of said 42.5~acre tract in said road 110.0 feet to a corner, THENCE South, 206.0 feet to a steel pzn; THENCE West, 110.0 feet to a steel pin; THENCE North, 206.0 feet to the Place of Begznnzng, and con- taznzng in all 0.467 acres of land. CONTRACT OF SALE THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS that: COUNTY OF DENTON § WILLIAM WARREN EDWARDS and wife, PAMELA J. EDWARDS, hereinafter called "Seller", whether one or more, hereby agrees to sell anq convey to CITY OF DENTON, TEXAS, a Munlczpal Corporatzon, hereznafter called "Purchaser", whether one or more, and Purchaser hereb~ agrees to buy and pay for the followzng descrzbed real property situated in Denton County, Texas, to-wit Fully descrzbed ~n Exhibit A attached hereto and made a part hereof. together w~th all and szngular the rzghts and appurtenances pertainzng thereto, including any r~ght, tztle and ~nterest of the Seller in and to ad3acent streets, alleys, or r~ghts-of-way, such real estate, rzghts and_ appurtenances bezng herezn referred to as the "property". Thzs conveyance shall be sub3ect to easements of record. 1. The total sales price zs $60,000.00, payable as follows: Ail cash to be pazd at closzng. 2. Possesszon of the property shall be delivered by Seller to Purchaser four (4) months from date of closznK, and mt ms speczfzcall¥ agreed that Seller shall have the rzKht to remazn mn the home and noon the property rent-free for a perzod of four (4) months from date of closzng The Closzng shall take place at Denton, Texas on the 15th day of November, 1982 at the offices of USLIFE TITLE OF DENTON, 531 North Locust. 3. There is no real estate agent ~nvolved zn th~s transactlon. 4. Special Condzt~ons: (a) Seller w~ll furnzsh survey.. (b) The Sw~u~uzng pool smtuated upon the property descrzbed mn Exhibzt "A' shall remazn the property of Seller Seller shall have the r~ght to re- move sazd swlmmzng pool and such pool shall be removed wzthzn four (4) months fr~m date of closzng CONTRACT OF SALE, Page One 5. Seller agrees to furnish to Purchaser at Seller's expense an Owners Title Policy covering the above descrzbe~ r~al estate con- taznlng no exceptions or conditions other than the standard exceptions printed zn the Owners T~tle Policy and the cond~tzons and exceptions stated zn paragraph 6 hereof. 6. Seller warrants and represents to Purchaser that at the tzme of Closzng hereunder he will have and w~ll convey to PurchRser good and marketable title to the property, free and clear of any and all encumbran,cee. Utzlity easements which do not adversely affect the value of the property, restr~ctzve covenants and other conditions zn connectzo~ w~th the creations of any addzt~on or subdivision of whzch the property zs a part, zonzng ordznances, and the lien for current taxes shall not be deemed to the title defects. 7. Purchaser hereby acknowledges that, at the tzme of the execu- tion of thzs contract, ~t has been advzsed that the Purchaser should be furnished with or obtain a policy of t~tle znsurance. 8. Rents and ad valorem taxes for the then current year shall be prorated at the Closing effectzve as of the Closzng date. 9. Purchaser acknowledges that he has znspected all buzldzngs and zmprovements situated on the property and zs thoroughly familiar wzth their condztion, and Purchaser hereby accepts the property and the buzldings, and improvements situated thereon, in their present condition, w~th such changes therein as may hereafter be caused by reasonable deter~oratzon. If the buzldtngs and improvements situated on the property should be destroyed or damaged beyond repazr by fire, wzndstorm, hazl, explosion, or other casualty before the scheduled Closing date (as deferred by any postponement in accordance wzth paragraph~ 15), Purchaser may, at h~s option, termznate th~s contract by wrztten not~ce delivered to Seller on or prior to the scheduled Closzng date. If the buzld~ngs and zmprovements situated on the prop- erty should be damaged, but not beyond repazr, by fire, windstorm, hazl, exploszon or other casualty before the scheduled Closing date (as deferred by any postponement zn accordance with paragraph 15), Seller shall forthwith restore such property to subtantially zts former CONTRACT OF SALE, Page Two condltzon, at Seller's sole expense, and neither Seller nor Purchaser shall have the right to terminate thzs contract -by--reason of such damage. 10. In the event the Seller ~s unable to convey t~tle to the prop- erty ~n accordance with paragraph 6 of th~s contract, Purchaser may at hzs option terminate this contract by written notzce delivered to Seller on or prior to the scheduled Closzng date (as deferred by any postponement in accordance wzth paragraph 15); otherwise Purchaser shall be conclusively deemed to have accepted Seller's title. 11. If this contract is terminated by Purchaser pursuant to paragraph 9 or 10 hereof, all amounts theretofore pazd by Purchaser on the purchase przce shall be promptly refunded to Purchaser, and the part~es shall have no further obligation or liabzlities one to the other. 12. In the event that Seller should fall to consummate this contract for any reason, except Purchaser's default, Purchaser may enforce specific performance of thzs contract or may bring suzt for damages against Seller. 13. In the event that Purchaser shall fall to consummate thzs contract for any reason, except Seller's default or the termznation of thzs contract pursuant to paragraph 9 or 10 hereof, Seller may bring suzt for damages agaznst Purchaser, or Seller may, at his option, enforce speczf~c performance of this contract. 14. Seller warrants that no real estate agent is involved with transaction. 15. The Closzng herein shall take place in Denton, Texas on the date stated zn th~s contract provided that if on such date the title company has not yet approved title or zf there are tztle ob3ectlons whzch have not yet been cured, the Closzng date shall be postponed not less than 5 nor more than 30 days to such date as shall be deszgnated by the Seller by written notxce to Purchaser. At the Closing, Purchaser shall pay to the Seller the unpazd balance of the purchase przce of the property as provided in paragraph 1, and Seller shall deliver to Purchaser an Owners T~tle Polzcy as specified in paragraph CONTRACT OF SALE, Page Three 5 and a General Warranty Deed ~n appropriate form to convey the pro- perty to Purchaser, free and clear of an liens or ~ncumbran~es except those expressly permitted hereby. 16. Thzs contract embodies the complete agreement between the par- tzes hereto and cannot be varied or terminated except by the written agreement of the partzes. 17. The attorney for Seller ~s WILLIAM P. PHILIPS, JR., 101 North Elm, Denton, Texas 76201. The attorney for Purchaser zs C. J. TAYLOR, City Attorney, Municipal Buzlding, Denton, Texas. 18. Any notzce required or permztted to be delzvered hereunder shall be deemed to be delzvered, whether actually received or not, when deposited in the Unzted States mall, postage prepazd, certified mazl, return recezpt requested, addressed to Seller or Purchaser, as the case may be, and as shown zn the space marked address on this contract. SIGNED zn duplicate thzs day of , 1982, by Seller. SIGNED zn duplicate thzs day of ., 1982, by Purchaser. WILLIAM WARREN EDWARDS --- Seller PAMELA J. EDWARDS Seller Route 7, Box 65, Denton, TX 76201 Address of Seller 382-8085 Telephone Number of Seller CITY OF DENTON, TEXAS ATTEST By: RICHARD O. STEWART, Its Mayor City Secretary 215 E. McK~nney, Denton, Texas 76201 Address of Purchaser Czty Manager 566-8307 Czty Attorney 566-8333 Telephone Number of Purchaser CONTRACT OF SALE, Page Four EXHIBIT A Ail that certazn tract or parcel of land s~tuated in the G~deon Walker Survey, Abst. No. 1330, Denton County, Texas, and being part of a certazn 4.00 acre tract conveyed by E. I. Edwards and wzfe to W. C. Sparkman by Mechanic's L~en recorded in Volume 37, Page 580, Mechanic's L~en Records of sa~d County, on February 6, 1964, and bezng further described as follows BEGINNING at the northwest corner of said 4.00 acre tract in the m~ddle of a publzc road, - THENCE South 89 deg. 00' east with sazd road 110.0 feet to a point in the middle of said road, THENCE South 0 deg. 27' west wzth a concrete cuCb part of the way 199.99 feet to a steel pzn for a corner, THENCE North 88 deg. 33' west 108.4 feet to a steel pin zn a fence, THENCE North 200 feet wzth a fence most of the way to the place of begznnzng, contaznzng zn all 0.501 of an acre of land. CONTRACT OF SALE THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS that: COUNTY OF DENTON § ROBERT E. EDWARDS and wzfe, ELAINE EDWARDS, and WILLIAM WARREN EDWARDS and wzfe, PAMELA J. EDWARDS, hereinafter called "Seller", whether one or more, hereby agrees to sell and convey to CITY OF DENTON, TEXAS, a Municipal Corporation, her~znafter called "Purchaser", whether one or more, and Purchaser hereby agree~ to buy and pay for the followzng described real property s~tuated zn Denton County, Texas, to-wit- Fully descrzbed zn Exhzbzt A attached hereto and made a part hereof. together wzth all and szngular the rzghts and appurtenances pertainzng thereto, zncludzng any rzght, title and znterest of the Seller in and to ad0acent streets, alleys, or rzghts-of-way, such real estate. rzghts and appurtenances _bezng herezn referred to as the "property". Thzs conveyance shall be sub0ect to easements of record. 1. The total sale~ przce zs $141,000.00, payable as follows. Ail cash to be pazd at closzng. 2. Possession of the property shall be delzvered by Seller to Purchaser at closzng, wzth Purchaser becomzng the landlord of the four (4) tenants who reszde ~n the four (4) rent houses upon the property The Closzng shall take place at Denton, Texas on the 15th day of November, 1982 at the offices of USLIFE TITLE OF DENTON, 531 North Locust. 3. There zs no real estate agent ~nvolved zn thzs transaction. 4. Speczal Condztions (a) Seller wzll furnzsh survey.. CONTRACT OF SALE, Page One 5. Seller agrees to furnish to Purchaser at Seller's expense an Owners T~tle Policy covering the above described_real estate con- raining no exceptions or conditions other than the standard exceptions printed in the Owners T~tle Policy and the conditions and exceptions stated in paragraph 6 hereof. 6. Seller warrants and represents to Purchaser that at the time of Closing hereunder he will have and will convey to Purchaser good and marketable title to the property, free and clear of any-and all encumbrances. Utility easements which do not adversely affect the value of the property, restrictive covenants and othe~ conditions in connection w~th the creations of any addition or subdivision of which the property is a part, zoning ordinances, and the lien for current taxes shall not be deemed to the t~tle defects. 7. Purchaser hereby acknowledges that, at the time of the execu- tion of this contract, ~t has been advised that the Purchaser should be furnished with or obtain a policy of t~tle insurance. 8. Rents and ad valorem taxes for the then current year shall be prorated at_ the Closing effective as of the Closing date. 9. Purchaser acknowledges that he has inspected all buildings and improvements situated on the property and zs thoroughly familiar with their condition, and Purchaser hereby accepts the property and the buzldzqgs and improvements situated thereon, in their present condition, with such changes therein as may hereafter be caused by reasonable deterioration. If the buildings and Improvements situated on the property should be destroyed or damaged beyond repair by fire, windstorm, hail, explosion, or other casualty before the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15), Purchaser may, at his option, terminate this contract by written notice delivered to Seller on or prior to the scheduled Closing date. If the buildings and improvements situated on the prop- erty should be damaged, but not beyond repair, by fire, windstorm, hall, explosion or other casualty before the scheduled Closing date (as deferred by any postponement ~n accordance with paragraph 15), Seller shall forthwith restore such property to subtantlally its former CONTRACT OF SALE, Page Two condition, at Seller's sole expense, and neither Seller nor Purchaser shall have the right to terminate this contract b~ reason:'of such damage. 10. In the event the Seller ~s unable to convey t~tle to the prop- erty zn accordance with paragraph 6 of this contract, Purchaser may at his option terminate th!s contract by written notice delivered to Seller on or prior to the scheduled Closing date (as deferre~ by any postponement in accordance with paragraph 15), otherwise Purchaser shall be conclusively deemed to have accepted Seller's title. 11. If this contract is terminated by Purchaser pursuant to paragraph 9 or 10 hereof, all amounts theretofore paid by Purchaser on the purchase prxce shall be promptly refunded to Purchaser, and the parties shall have no further obligation or liabilities one to the other. 12. In the event that Seller should fall to consummate this contract for any reason, except Purchaser's default, Purchaser may enforce specific performance_of this contract or may bring suit for damages against Seller.. 13. In the event that Purchaser shall fall to consummate th~s contract for any reason, except Seller's default or the termination of this contract pursuant to paragraph 9 or 10 hereof, Seller may bring suit for damages against Purchaser, or Seller may, at his option, enforce specific performance of this contract. 14. Seller warrants that no real estate agent zs ~nvolved with transaction. 15. The Closing herein shall take place in Denton, Texas on the date stated in this contract provided that if on such date the title company ha,s not yet approved title or if there are title ob3ectzons which have not yet been cured, the Closing date shall be postponed not less than 5 nor more than 30 days to such date as shall be designated by the Seller by written notice to Purchaser. At the Closing, Purchaser shall pay to the Seller the unpaid balance of the purchase price of the property as provided in paragraph 1, and Seller shall deliver to Purchaser an Owners Title Policy as specified in paragraph CONTRACT OF SALE, Page Three 5 and a General Warranty Deed zn approprzate form to convey the pro- perty to Purchaser, free and clear of an liens or encumbrances except those expressly permitted hereby. ~6. This contract embodzes the complete agreement between the par- t~es hereto and cannot be varzed or termznated except by the written agreement of the parties. 17. The attorney for Seller zs WILLIAM P. PHILIPS, JR., 10] North Elm, Denton, Texas 7620~. The attorney for Purchaser zs C. J. TAYLOR, Czty Attorney, Munzczpal Buzlding, Denton, Texas. 18. Any notzce required or permztted to be delzvered hereunder shall be deemed to be delzvered, whether actually received or not, when deposz~ed zn the Unzted States mail, postage prepazd, certified mall, return recezpt requested, addressed to Seller or Purchaser, as the case may be, and as shown zn the space marked address on thzs contract. SIGNED in duplicate thzs day of , ]982,_by Seller. SIGNED ~n duplicate thzs day of ~982, by Purchaser. ROBERT E. EDWARDS --- Seller ELAINE EDWARDS Seller WILLIAM WARREN EDWARDS Seller PAMELA J. EDWARDS Seller CITY OF DENTON, TEXAS ATTEST. By RICHARD O. STEWART, Its Mayor City Secretary 2~5 E. McKznney, Denton~ Texas 7620~ ~ddress of Purchaser C~ty Manager 566-8307 Czty Attorney 566-8333 T~lephone Number of Purchaser CONTRACT OF SALE, Page Four EXHIBIT A Ail that certain tract or parcel of land situated in the G. Walker Survey, Abst. No. 1330, Denton County, Texas, being part of a cetazn 42.5 acre tract deeded by J. E. Edwards et al to E. J. Edwards on July 25, 1945, recorded zn Volume 316, page 368, Deed Records of Denton County, Texas, and bezng more particularly described as follows. BEGINNING at a corner ~n the mzddle of a publzc road on the north lzne of sa~d 42.5 acre tract at a point 810 feet east of the northeast corner of a 5.00 acre tract deeded by E. I.-Edwards on June 27, 1959, recorded zn Volume 447, page 685, Deed Records of said County, THENCE East wzth the north lzne of sazd 42.S acre tract in sazd road part of the way 335.5 feet to a corner north of sazd road, THENCE South wzth a fence part of the way 250.0 feet to a steel pzn, THENCE West 335.5 feet to a steel pzn, THENCE North wzth a fence part of the way 250.0 feet to the place of begznnzng, containzng zn all 1.926 acres of land. CONTRACT OF SALE THE STATE OF TEXAS § KNOW ALL M~N BY THESE PRESENTS that: COUNTY OF DENTON § RICHARD CLARK SHELTON and wzfe, MYRTLE ELIZABETH SHELTON, herein- after called "Seller", whether one or more, hereby agrees t~ sell and convey to CITY OF DENTON, TEXAS, a Munzczpal Corporation, hereinafter called "Purchaser", whether one or more, and Purchaser hereby agrees to buy and pay for the following described real property s~tuated Denton County, Texas, to-wit Fully descrzbed in Exhibit A attached hereto and made a part hereof. together with all and singular the rzghts and appurtenances pertazn~ng thereto, zncludlng any right, title and znterest of the Seller ~n and to adjacent streets, alleys, or rights-of-way, such real estate, rights and appurtenances being herezn referred to as the "property". Th~s conveyance shall,be suboect to easements of record. 1. The total sales price zs $40,000.00, payable as follows All cash to be pa~d at closzng. 2. Possession of the property shall be delivered by Seller to Purch~se~ at closzng, wzth Purchaser bmco~nE the who resmdes upon the propert¥~ The Closing shall take place at Denton, Texas on the 15th day of November, ~982 at the offices of USLIFE TITLE OF DENTON, 53~ North Locust. 3. There ~s no real estate a~ent znvolved zn thzs transaction. 4. Special Conditzons (a) Seller wzll furnzsh survey. CONTRACT OF SALE, Page One 5. Seller agrees to furnish to Purchaser at Seller's expense an Owners Tztle Policy covering the above described real estate con- talnzng no exceptions or conditions other than the standard exceptions printed In the Owners Title Policy and the conditions and exceptions stated zn paragraph 6 hereof. 6. Seller warrants and represents to Purchaser that at the time of Closing hereunder he will have and will convey to Purchaser good and marketable title to the property, free and clear of any and all encumbrances. Utzlity easements which do not adversely affect the value of the property, restrictive covenants and other condztions in connection w~th the creatzons of any addition or subdzvlsion of which the property is a part, zoning ordinances, and the l~en for current taxes shall not be deemed to the title defects. 7. Purchaser hereby acknowledges that, at the time of the execu- tion of thzs contract, it has been advised that the Purchaser should be furnished w~th or obtazn a policy of title ~nsurance. 8. Rents and ad valorem taxes for the then current year shall be prorated at the Closing effective as of the Closing date. 9. Purchaser acknowledges that he has znspected all buzldlngs and zmprovements situated on the property and ~s thoroughly familzar wzth their condition, and Purchaser hereby accepts the property and the buildings and improvements situated thereon, in their present condztlon, w~th such changes therein as may hereafter be caused by reasonable deterioration. If the buildings and zmprovements sztuated on the property should be destroyed or damaged beyond repair by fzre, windstorm, hall, explosion, or other casualty before the scheduled Closing date (as deferred by any postponement in accordance with paragraph 15), Purchaser may, at his option, terminate thzs contract by written notice delivered to Seller on or przor to the scheduled Closing date. If the bulldzngs and improvements situated on the prop- erty should be damaged, but not beyond repazr, by fzre, wzndstorm, hall, explosion or other casualty before the scheduled Closing date (as deferred by any postponement in accordance wlth paragraph Seller shall forthwith restore such property to subtant~ally its former CONTRACT OF SALE, Page Two condltzon, at Seller's sole expense, and neither Seller nor Purchaser shall have the right to terminate this contract by reason of such damage. 10. In the event the Seller zs unable to convey title to the prop- erty in accordance with paragraph 6 of this contract, Purchaser may at hzs option terminate this contract by written notzce delzvered to Seller on or prior to the scheduled Closing date (as deferred-by any postponement in accordance with paragraph 15), otherwise Purchaser shall be conclusively deemed to have accepted Seller's ~ltle. , 11. If this contract is terminated by Purchaser pursuant to paragraph 9 or 10 hereof, all amounts theretofore pa~d by Purchaser on the purchase price shall be promptly refunded to Purchaser, and the part~es shall have no further obligation or ltabzlztles one to the other. 12. In the event that Seller should fall to consummate thzs contract for any reason, except Purchaser's default, Purchaser may enforce speatflc performance of this contract or may bring suit for damages against Seller. ' 13. In the event that Purchaser shall fail to consummate this contract for any reason, except Seller's default or the termznatlon of thzs contract pursuant to paragraph 9 or 10 hereof, Se~ler may bring suit f~r damages against Purchaser, or Seller may, at his option, enforce specific performance of this contract. 14. Seller warrants that no real estate agent is involved wzth transaction. 15. The Closzng herein shall take place in Denton, Texas on the date stated ~n this contract provided that ~f on such date the title company has not yet approved t~tle or zf there are tztle ob3ect~ons whzch have ~ot yet been cured, the Clo~lng date shall be postponed not less than 5 nor more than 30 days to such date as shall be designated by the SeLler by wrztten not,ce to Purchaser. At the Closing, Purchaser shall pay to the Seller the unpaid balance of the purchase price of the property as provzded in paragraph 1, and Seller shall deliver to Purchaser an Owners Title Policy as specifzed in paragraph CONTRACT OF SALE, Page Three 5 and a General Warranty Deed ~n appropriate form to convey the pro- perty to Purchaser, free and clear of an l~ens or encumbrances except those expressly permitted hereby. 16. Thzs contract embodies the complete agreement between the par- t~es hereto and cannot be var~ed or terminated except by the written agreement of the parties. 17. The attorney for Seller zs WILLIAM P. PHILIPS, JR.,_101 North Elm, Denton, Texas 76201. The attorney for Purchaser ~s C. J. TAYLOR, C~gy Attorney, Municzpal Building, Denton, Texas. 18. Any not~ce requzred or permztted to be delzvered hereunder shall be deemed to be delivered, whether actually received or not, when deposited zn the Un,ted States mail, postage prepaid, certzfied ma~l, return receipt requested, addressed to Seller or Purchaser, as the case may be, and as shown ~n the space marked address on thzs contract. SIGNED zn duplicate th~s day of , - 1982, by-Seller. SIGNED zn duplzcate this day of , 1982, by Purchaser. RICHARD CLARK SHELTON -- Seller MYRTLE ELIZABETH SHELTON Seller 118 Lzve Oak Drzve, Pleasanton, TX 78064 Address of 'Seller (512) 569-5010 Telephone Number of Seller CITY OF DENTON, TEXAS ATTEST By RICHARD O. STEWART, Its Mayor ~zty Secretary 215 E. McKznney, Denton, Texas 76201 Address of Purchaser City Manager 566-8307 C~ty Attorney 566-8333 T~lephone Number o~ Purchaser CONTRACT OF SALE, Page Four EXHIBIT A Ail, that certain tract or parcel of land situated in the Gzdeon Walker Survey, Abstract 1330, Denton County, Texas, being part of|a 42.5 acre tract conveyed to J. E. Edwards, et al to E. I. Edwards on July 25, 1945, recorded in Volume 3~6, Page 368, Deed Records of Denton County, Texas, and bezng more particularly descrzb~d as follows: BEGINNING at a corner in the m~ddle of a public road on the north line of sazd 42.5 acre tract at a poznt 503.5 feet East of the nor~theast corner of a 5.00 acre tract conveyed by E. I. Edwardsi to R, E. Edwards, on June 27, ~959, recorded in Volume 447, Page 685, Deed Records of Denton County, Texas; THENCE East with the north l~ne of said 42.5 ~cre tract in sa~d road ]00 feet to a corner, THENCE South 206 feet to a steel pin, THENCE West 100 feet to a stel pin, THENCE North 206 feet to the place of beginning, containing in all 0.473 of an acre of land. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor of the City of Denton, Texas is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Lease Agreement between the City of Denton and Coors-Golden Distributing Company property located on the northeast corner of Dallas Drive and Willow Springs to accommodate a recycling center. PASSED AND APPROVED this the 5th day of October, 1982. ~(I~D O.-/S~EWAq~P, MAYORVU 'cIWoF D TON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, the City of Denton, Texas is the defendant in a certain Cause of Action No. 81-6739-B styled Felix W. Callahan, et al v. City of Denton, Texas in the 158th Judicial District Court said Cause of Action involving the title to a 17.93 acre tract of land described in Volume 463, Page 260 of the Deed Records of Denton County, Texas and the t~tle to a roadway easement described in Volume 472, Page 263 of the Deed Records of Denton County, Texas; and WHEREAS, the City Council has heretofore ~nstructed and authorized the City Attorney to institute condemnation proceedings to acquire the fee simple title to said 17.93 acres of land and the fee simple title to said roadway easement; and WHEREAS, the City Council has found and determined that it would be in the best interest of the City of Denton to acquire approximately 75 acres of land owned by the Plaintiffs in the above styled and numbered cause situated around and adjacent to the 17.93 acre tract of land; and WHEREAS, the City Council finds and determines that it would be in the best interest of the City of Denton to acquire said approximate 75 acre tract of land by the Institution of condemnation proceedings against Felix W. Callahan, et al to aqulre the fee simple title to said 75 acre tract of land; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City Attorney be, and he is hereby authorized and directed, to enter into an agreed 3udgment in Cause No. 81-6739-B styled Felix W. Callahan, et al v. City of Denton, Texas in the 158th Judicial District Court of Denton County, Texas wherein the fee simple title to said 17.93 acres of land is awarded to the City of Denton, Texas and to further enter into an agreed judgment and/or contract of sale from Felix W. Callahan, Lotta E. Callahan Ann C. Stark, Robert W. Callahan and James E. Callahan to acquire the additional 75 acres of land (approximately) for a total consideration and cost to the City of Denton of Four Hundred Thousand Dollars ($400,000.00) in settlement of Cause No. 81-6739-B and in full payment for sa~d additional 75 acres of land, the sa~d 75 acres to be conveyed free and clear of all liens, and the judgment condemning the 17.93 acres in fee slmple tltle free and clear of any and all restrictions and covenants herein above set out in Volume 463, Page 260 of the Deed Records of Denton County, Texas. SECTION II. As further cons~deration for the conveyance of the above described additional property, the C~ty of Denton hereby agrees to construct across Pecan Creek a low water dam in the approximate cost of Thirty-Three Thousand Dollars ($33,000.00). SECTION III. Th~s resolution shall become effective ~mmed~ately from and after its date of passage, j~._ ~~"~ PASSED AND APPROVED this the day of , 1982. ~'RI~ARD 07 STUART, MAYO]~ ATTEST: CHARLOTT~-AL~EN,-CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS 229L RESOLUTION WHEREAS, the City Council of the City of Denton has hereto- fore determined the necessity for disposing of the real property hereln~after described; and WHEREAS, after due notice as required by law, competitive bids were received by the City of Denton; and WHEREAS, the highest bid received was for Four Thousand Slx Hundred ($4,600.00) Dollars, from First State Bank Trust Department of Denton; and WHEREAS, the City Council hereby finds and determines that the reasonable and fair market value of such property is Four Thousand Slx Hundred ($4,600.00) Dollars; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS.. SECTION I. The bid for Four Thousand Slx Hundred ($4,600.00) Dollars by First State Bank Trust Department of Denton is hereby accepted. SECT O The Mayor is hereby authorized to execute on behalf of the City of Denton, Texas a quitclaim deed conveying the hereinafter described property to First State Bank Trust Department of Denton, to-wi t.' All that certain tract or parcel of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 185, Denton County, Texas, being a part of Lots 15 and 16, Block D, of the Schmltz & Rlpy Addition to the City of Denton, Texas, per plat recorded 1n Volume 85, Page 270, Deed Records of said County and belng more fully described as follows: BEGINNING at the northeast corner of said Lot 16, Block D in the west right of way line of Frame Street; THENC~ south along the said rlght of way a distance of 73.62 feet to an iron pin; THENCE south 51o26'57'' west a distance of 59.10 feet to an iron pin; THENCE with a curve to the left, having a central angle of 7023 '4.6", and a radius of 578.8937 feet, a chord which bears south 47045'04'' west a distance of 74.675 feet, an arc length of 74.727 feet, to an iron pin situated in the west line of said Lot 15, Block D; THENCE north a distance of 160.53 feet to an iron pin; THENCE north 89055'36'' east a distance of 101.50 feet to the point of beginning and containing 0.268 acres of land, more or less. SECTION III. The C~ty of Denton is hereby authorized to pay Its share of the necessary and reasonable cost of closing as required by the advertisement for bid. / ~/~. PASSED AND APPROVED this the day of October, 1982. ATTEST: CHARLOT~E ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMs C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS RESOLUTION WHEREAS, the City of Denton, Texas, acting through its elected city officials and pursuant to its capital improvement program intends to call a bond elect~on in 1987 to finance certain capital improvements; and WHEREAS, the City Council wishes to make known in advance of the calling of said bond election what street improvements are proposed to be financed and made as a result of such bond election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: SECTION I. That if the citizens should duly approve the selling of bonds to finance the street improvements submitted at such elect~on in 1982, it is the intent of the City of Denton to make needed improvements to the following streets within the City of Denton= STREET NAME FROM TO Locust Eagle University Bell University Sherman Elm University Eagle Oak Bolivar Jagoe Hickory Cedar Austin Hickory Avenue C Welch Hickory Carroll Cedar Locust Sherman Orr Avenue A Highland McCorm~ck Congress Oakland Ponder Mingo Withers Mockingbird Oak Austin Bolivar Hickory Austin RR Oak RR Austin Bonnie Brae Windsor University Audra McKinney End of Divide Nottingham University Windsor Welch Eagle Highland Welch Mulberry Hickory Welch Hickory Oak Bernard ~ickory Eagle West Oak Bonnie Brae Jagoe West Oak IH-35 Y Sunset Anna Carroll Sunset Carroll University Oriole Mocklngblrd Cardinal Glenwood Windsor University Greenwood Laurel Wood Cherrywood Greenwood Cherrywood Sherman Fry Scripture Hlckory Bernard Willowwood IH-35 Westway Bolivar Fulton Mistywood Nottingham Woodhaven Mistywood Woodhaven Robinwood ST~ET NAME FROM T__O Alice Congress University Denison Sherman University Acme Fort Worth Bernard TOTAL ST~ET IMPROVEMENTS $8~166~500 SECTION II. That if the citizens should duly approve the selling of bonds to finance the capital improvements program submitted at such election in 1982, it is the intent of the City of Denton to make needed improvements to the following within the City of Denton: CAPITAL IMPROVEMENTS PROGRAM Ponder Street Drainage Panhandle Drainage from Alice to Malone Signal Improvements Equipment Acquisition for Neighborhood Parks Bell, Coronado Drainage Acquisition of right-of-way for U. S. 380 Paisley Street Drainage Stanley, Thomas, Ector Drainage (Parts I and II) Prairie Drainage (Bradshaw to Lakey) Yellowstone, Sheraton Drainage Handicapped Improvements at the Square Equipment/Land Acquisition for Parks Update Signal Equi~ent City Contribution to Reconstruct U.S. 380 Equipment/Land Acquisition for Parks Fire Substation Equipment/Land Acquisition for Parks Building Renovation/Expansion TOTAL CAPITAL IMPROVEMENTS PROGRAM $6~110~000 PASSED AND APPROVED this the 19th day of October, 1982. ATT , ~ICKI ~STLING, D TY CITY SECRETARY, CITY OF DE~ON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Next Document RESOLUTION WHEREAS, the Denton City Council has called an election for December 11, 1982, for the purpose of authorizing the issuance of General Obligation Bonds to finance a major street renovation program~ and WHEREAS, this street renovation program is intended to correct problems caused by street maintenance that has been deferred in the past~ and WHEREAS, the Denton City Council believes it to be of highest priority to increase the level of street maintenance performed by the City of Denton annuallyl and WHEREAS, the Denton City Council wishes to formally establish an increased level of street maintenance as the number one priority for consideration in the budget planning for the 1983-84 fiscal year. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Denton City Council hereby formally establishes street maintenance as the number one priority for the 1983-84 fiscal year and states its intent to increase the level of funding for street maintenance with the 1983-84 Annual Operating Budget~ and directs the City Manager to prepare his budget recommendations to reach that goal. PASSED AND APPROVED this the 2nd day of November, 1982 WE CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMs C. J. TAYLOR, JR., CITY ATTORNEY RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and Texas American Bank/Fort Worth, N.A., Trustee under the Will of W. T. Evers, owner of said parcel, agree that a consideration of Slx Thousand Slx Hundred and Fifty Dollars ($6,650.00) is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City Attorney is hereby authorized to prepare the necessary legal documents to complete the transfer of property so described below from the owners thereof to the City of Denton: All that certain tract, or parcel of land situated in the Myers-Brummett-Johnson Survey, Abstract No. 1699, Denton County, Texas, being part of a certain (called) 514.46 acre tract in the W. T. Evers Estate recorded in Volume 399, Page 539, Deed Records of said County, and being more fully described as follows= Commencing at the southwest corner of a 51.470 acre tract described in a deed from John Porter Auto Sales, Inc. to David H. Steiner, et ux recorded in Volume 797, Page 41, Deed Records of Denton County, Texas at a steel pin on the south boundary line of Jim Christal Road; Thence north 0© 08' west with the west boundary line of said 51.470 acre tract a distance of 85.82 feet to a nail in the middle of Jim Christal Road; Thence north 76° 12' 46" west with the middle of J~m Christal Road a distance of 408.71 feet to a nail; Thence south 89° 16' 36" west with the middle of Jim Christal Road a distance of 923.25 feet to a nail; Thence south 19o 06' 38" west a distance of 26.6 feet to a steel pin in a fence on the south boundary l~ne of Jim Christal Road at the place of beginning; Thence south 19° 06' 38" west with the west boundary line of an existing T.P. & L. Power Easement a digtance of 254.0 feet to a point for a corner; PAGE ONE Thence south 89© 03' 00" west a distance of 200 feet to a point for a corner; Thence north 0° 57' 00" west a distance of 238.59 feet to a point for a corner in a fence on the south boundary line of Jim Chr lstal Road; Thence north 89° 03' east with the south boundary line of Jim Christal Road a distance of 287.13 feet to the place of beginning and containing in all 1.33 acre of land. SECTION III. The City of Denton is hereby authorized to pay its share of the necessary and reasonable cost of closing as required by the sales contract. PASSED AND APPROVED this the ~'-day of November, 1982. O.7 STEWART, MAYO] U 'CITy OF D~NTON VICK?WESTLING, DEPUT~2) CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS PAGE TWO RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by' the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and Tex M. Mart~n and wife, Antionette Martin, owners of said parcel, agree that a consideration of Seven Thousand Five Hundred Seventy-Three Dollars and Eighty Cents ($7,573.80) is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City Attorney is hereby authorized to prepare the necessary legal documents to complete the transfer of property so described below from the owners thereof to the City of Denton: All that certain 0.070 acre tract, or parcel of land situated in the B.B.B. & C.R.R. Co., Survey, Abstract No. 186, Denton County, Texas, said tract being part of a tract described by deed to Tex M. Martin and wife and recorded in Volume 762, Page 484 of the Deed Records of Denton County, Texas and being more particularly described as follows: Beg~nnlng for the northwest corner of the tract being described herein at an iron pin set in the ground at the northwest corner of said Martin tract; Thence South 88© 29' 07" east along the north boundary line of said Martin tract a distance of 99.25 feet to a point; Thence South 88° 21' 58" east along the north boundary llne of said tract a distance of 12.1 feet to the northeast corner of said Martin tract; Thence South 02© 14' 59" west along the east boundary line of sa~d Martin tract a d~stance of 27.43 feet to a point for a corner, said point being the beginn~ng of a curve to the right whose radius is 570.83 feet, central angle is 01° 10' 06" and chord bearing of North 88° 46' 26" west 11.64 feet; Thence westerly along said curve a distance of 11.64 feet to a point; Thence North 88© 11'56" west a distance of 68.65 feet to a point; PAGE ONE Thence North 88° 27' 27" west a distance of 30.81 feet to a point for a corner in the west boundary line of said Martin tract; Thence North 02° 14' 59" east along the west boundary line of said tract a distance of 27.13 feet to the place of beginning. SECTION II. The City of Denton is hereby authorized to pay its share of the necessary and reasonable cost of closing as required by the sales contract. PASSED MD APPROVED this the ~_ day of November, 1982. ?./ V~CKI WESTLING, DEPUT~5 CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS PAGE TWO RESOLUTION WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and Betty Ruth Davis Jackson and Joyce Davis Bishop, owners of said parcel, agree that a consideration of Forty-Three Thousand Five Hundred Eighty One Dollars and Seventy-Eight Cents ($43,581.78) is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The C~ty Attorney is hereby authorized to prepare the necessary legal documents to complete the transfer of property so described below from the owners thereof to the C~ty of Denton: Tract I: All that certain 0.306 acre tract, or parcel of land ~d in the B.B.B. & C.R.R. Co. Survey, Abstract No. 186, City and County of Denton, Texas; said tract being Dart of Davls Triangle Addition as shown by Plat recorded in Volume 4, page 24 of the Plat Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows: Beginning, for the most Western corner of the tract being described herein, at an iron pin set in the South line of said Dav~s Triangle Addition and North line of Old Sanger Road, sa~d point lying South 88 degrees 23 minues 48 seconds West 131.51 feet from the Southwest corner of said Davis Triangle Addition; Thence Northeasterly 282.67 feet with arc of curve to left whose radius is 510.83 feet, chord bearing North 61 degrees 03 minutes 19 seconds East 279.07 feet to an iron pin set ~n the Northeastern line of sa~d Davis Triangle Addition; Thence South 57 degrees 58 minutes 05 seconds East 61.44 feet to an iron pin set at a point in curve of the proposed Southeasterly right-of-way line of Windsor Drive; Thence Southwesterly 176.93 feet with arc of curve to right whose radius is 570.83 feet, chord bearing South 52 degrees 40 minutes 38 seconds West 176.22 feet to an lron pin set in the south line of Davis Triangle Addition; Thence North 88 degrees 23 minutes 48 seconds West 156.23 feet to the place of beginning. PAGE ONE Tract II: Ail that certain lot, tract or parcel of land lying and ~-~g situated in the City and County of Denton, State of Texas, and being part of the B.B.B. & C.R.R. Co. survey, Abst. No. 186, and being an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Ophelia May Tilson Davis to Betty Ruth Davis Jackson and Joyce Davis Brenholtz by deed recorded in Volume 711, Page 382 of the Deed Records of Denton County, Texas, and more particularly described as follows: Beginning at a point in the Northeast boundary line of said tract, said point being the intersection of the Southwest right-of-way line of U.S. Highway 77 with the Southeast right-of-way line of the proposed Windsor Drive; Thence South 57° 58' 05" East along the Northeast boundary line of said tract, same being the Southwest right-of-way line of U.S. Eighway 77 a distance 218.62 feet to a point for a corner, same the lnterseotion of the Southwest right-of-way line of U.S. Highway 77 with the North right-of-way line Sanger Road; Thence North 88© 23' 48" West along the South boundary line of said tract, same being the North right-of-way line of Sanger Road, a distance of 325.6 feet to a point for a corner; same being the beginning of a nontangent curve to the left whose radius is 570.83 feet, a central angle of 17© 45' 32" and a chord of North 52° 40' 38" East 176.22 feet; Thence Northeasterly along said curve an arc distance of 176.93 feet tO the place of beginning and containing 0.395 acres. SECTION II. The Mayor is hereby authorized to execute on behalf of the City of Denton, Texas a quitclaim deed conveying the hereinafter described property to Betty Ruth Davis Jackson and Joyce Davis Bishop, to-wit: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the B.B.B. & C.R.R. Co. survey, Abst. No. 186, and also being part of a tract of land as conveyed by Davls Triangle Addition to the City of Denton by plat, recorded in Volume 4, Page 24 of the Plat Records of Denton County, Texas, and more particularly described as follows: Beginning at the Southwest corner of the Davis Triangle Addition, said point lying in the East boundary l~ne of a tract conveyed to Agnes L. Dean by deed recorded in Volume 734, page 716 of the deed records of Denton County, Texas, said point also being the Northwest corner of a tract dedicated to the City of Denton for Sanger Road right-of-way by Davis Triangle Addition plat; Thence South 88° 23' 48" East along the South boundary line of said Davis Triangle same being the North right-of-way line of Sanger Road a distance of 131.51 feet to a point for a corner; Thence Southwesterly along a curve a distance of 132.78 feet whose radius is 510.83 feet and chord of South 84o 37' 20" West 132.35 feet; Thence North 1O 48° 05" East a distance of 16.11 feet to the place of beginning and containing 0.034 acres of land more or less. PAGE TWO SECTION III. The City of Denton is hereby authorized to pay its share of the necessary and reasonable cost of closing as required by the sales oontract. PASSED AND APPROVED this the __~___~day of November, 1982. ~CKI WESTLING, DEPU~ CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS PAGE THREE Next Document RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Mayor of the City of Denton, Texas, be and he is hereby authorized and directed, to execute on behalf of the City of Denton, Texas, a contract between Taylor-Hall Construction Company, Inc. and the City of Denton, Texas concerning the renovation of the old fire station for a central police station. A copy of which is attached hereto, and made a part hereof, for all purposes. SECTION II. The City Manager, be and he is hereby authorized to employ the necessary employees, contractors, or supervisors to take over and manage the completion of the renovation of the old fire station for a central police station. PASSED AND APPROVED this the 2nd day of December, 1982. ATTESt: DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON WHEREAS the City of Denton, as the Owner, and Taylor-Hall Construction Company, as the General Contractor, entered into a contract dated August 26, 1982 for the renovation of the old fire station for a central police station in the total amount of One Million Eighty-Nine Thousand Nine Hundred Dollars; and WHEREAS, the performance and payment bonds submitted by Taylor-Hall Construction Company, Inc. have been determined, through no fault of Taylor-Hall Construction Company, Inc. or the City of Denton, Texas, to be insufficient under the bid documents, the contract documents, and the charter and laws of the State of Texas; and WHEREAS, Taylor-Hall Construction Company, Inc. has been unable after due diligence to submit a Performance and Payment Bond satisfactory to the City of Denton, Texas for the completion of the above described project; now, therefore, in consideration of the payments and agreements, herein set forth, the parties mutually agree as follows: 1. Taylor-Hall Construction Company, Inc. hereby voluntarily releases, transfers and conveys to the City of Denton, Texas all of its right, title, and interest in and to the construction contract dated August 26, 1982 between the City of Denton, Texas and Taylor-Hall Construction Company, Inc. for the renovation of the old fire station for a central police station in the City of Denton, Texas. 2. Taylor-Hall Construction Company, Inc. hereby voluntarily relases, transfers and conveys to the City of Denton, Texas all of ~ts right, title and interest in and to all subcontracts between Taylor-Hall Construction Company, Inc. and the various subcontractors for work and labor to be performed on the contraot for the renovation of the old fire station for a central police station, including all contracts for the purchase of supplies and materials for the above described construction project. PAGE ONE 3. The City of Denton and Taylor-Hall Construction Company, Inc. hereby agree that Taylor-Eall Construction Company, Inc. has expended the sum of $101,054.53 for labor, materials, and subcontract payments of which amount Taylor-Hall Construction Company, Inc. has already been paid the sum of $57,651.09 by the City of Denton. Upon the execution and approval of this agreement, the City of Denton, Texas will pay to Taylor-Hall Construction Company, Inc. the sum of $30,403.44 and upon verification of certain bills the City of Denton will pay to Taylor-Hall Construction Company, Inc. an additional sum of $13,000.00; however, it is understood and agreed that the City of Denton will not pay any bill for labor or materials not incorporated into the project, which shall constitute full payment for all work, labor, and materials incorporated into the above described contract by Taylor-Hall Construction Company, Inc. If there is a dispute between Taylor-Hall Construction Company, Inc. and the architect as to whether or not any bill or charge for labor or material was actually incorporated into the construction project, then such dispute shall be submitted to three arbitrators composed of the attorney for Taylor-Hall Construction Company, Inc. and the City Attorney of the City of Denton, Texas, and one professional engineer licensed in the State of Texas selected by the attorney for Taylor-Hall Construction Company, Inc. and the City Attorney of the City of Denton, Texas. The decision of the arbitrators on any given dispute shall be final and binding on Taylor-Eall Construction Company, Inc. and the City of Denton, Texas. 4. Taylor-Hall Construction Company, Inc. hereby certifies that all costs and/or bills for all labor and materials incorporated into the above described project and all costs and bills for all materials on the project site have been paid for by Taylor-Hall Construction Company, Inc., except to the extent that subcontracts are in progress and except for those bills listed on Exhibit "A" attached hereto and made a part hereof and any further bills for labor and materials incorporated into the PAGE TWO project and certified by the architect of the City of Denton as labor and materials incorporated into the project. Taylor-Hall Construction Company, Inc. further certifies that there are no outstanding loans with any banks, savings and loan associations, insurance company, or other individual, company or association that would constitute a lien or charge against the pro3ect and/or Taylor-Hall Construction Company, Inc. 5. The City of Denton, Texas hereby releases Taylor-Hall Construction Company, Inc. from any and all liability for completion of the above described contract, and Taylor-Hall Construction Company, Inc., hereby waives, releases, and conveys unto the City of Denton, Texas all of its right, title and interest in and to the above described contract. 6. The parties hereto agree that in the payments to be made to Taylor-Hall Construction Company, Inc. there is a bill of $10,000 which was paid to New Hampshire Insurance Company on August 9, 1982 in payment for the premium for Performance and Payment Bonds on the project for the renovation of the police station, and Taylor-Hall Construction Company, Inc. hereby transfers and assigns to the City of Denton, Texas all of its right, title and interest in and to said payment to New Hampshi~e Insurance Company and hereby authorizes the City of Denton to file suit against New Hampshire Insurance Company for the return of such premium payment. EXECUTED this 2nd day of December, 1982. CITY OF DENTON, TEXAS TAYLOR-HALL CONSTRUCTION COMPANY, INC. BY: WON TAYLOR~ STE RT, PRESIDENT ATTEST.'~ TT~/~--WEST~ING DEPUTY CITY S~RETARY CITY OF DENTON, TEXAS APPRO~D AS TO LEGAL FO~: C. J. TAYLOR, JR., CITY ATTORNEY CI~ OF DENTON, TEXAS 263L RESOLUTION WHEREAS, the City Council of the City of Denton has hereto- fore determined the necessity for disposing of the real property hereinafter described; and WHEREAS, after due notice as required by law, competitive bids were received by the City of Denton; and WHEREAS, the highest bid received was for Five Thousand Eight Hundred Dollars ($5,800.00), from Marvin Wills; and WHEREAS, the City Council hereby finds and determines that the reasonable and fair market value of such property ~s Five Thousand Eight Hundred Dollars ($5,800.00); NOW, THEREFORE, BE IT RESOLUED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The bid for Five Thousand Eight Hundred Dollars ($5,800.00) by Marvin Wills is hereby accepted. SECTION II. The Mayor is hereby authorized to execute on behalf of the City of Denton, Texas a quitclaim deed conveying the hereinafter described property to Marvin Wills, to-wit: All th~at certain lot, tract or parcel of land lying and being situated in the C~ty and County of Denton, State of Texas out of the A.N.B. Tompkins Survey in Denton County, Texas, and being more particularly described as follows: BEGINNING at the southwest corner of a tract of land conveyed to W. H. Barnes and wife, Ruby Barnes by deed dated August 22, 1945 and recorded in Volume , Page __ of the Deed Records of Denton County, Texas; THENCE north 72 feet along the east line of McCormick Street to a point for a corner; THENCE east 150 feet to a point for a corner; THENCE south 72 feet to a point for corner in the north line of Orr-Kid Drive; THENCE west along the north l~ne of Orr-Kid Drive 150 feet to the place of beginning. CONDITIONS: Sale is subject to the condition that all future ~mprovements shall be applicable to all City of Denton Rules and Regulations, Specifications and Ordinances. PAGE ONE SECTION III. TheI City of Denton is hereby authorized to pay its share of the neciessary and reasonable cost of closing as required by the advertisement for bid. ~ ~ PAS~ED AND APPROVED this the 7 day of , 1982. /RICHARD O:JSTEW;tR~i~, MAYOR CIT~OF DENTON ATTE~ .'L DEPUTY ~ITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM~ C. J. ~AYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS PAGE TWO 281L RBSOLUT I ON WHEREAS, the City Council of the City of Denton has hereto- fore determined the necessity for and ordered the acqmslt]on by the City of Denton of the hereinafter described right, title and interest in the land hereinafter described, and WHEREAS, the City of Denton has been unable to agree and cannot agree with the owner upon the value of the hereinafter described right, title and interest in the hereinafter described land situated in the City of Denton, Denton County, Texas, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I. The City Council hereby finds and determines that it is necessary to acquire tho hereinafter described rights, title and interest in the hereinafter described land, and that ~t is necessary that it authorize proceeding ~n Eminent Domain to acquire the right, title and interest in the hereinafter described property. SECTION II. The City Attorney of the City of Denton, Texas, is hereby authorized and d~rected to bring condemnation proceeding to obtain the fee simple title, including all improvements thereof, to the following tract of land situated in Denton County, Texas Ail that certain 0.157 acre tract or parcel of land s~tuated in the B.B.B. ~ C.R.R. Co. Survey, Abstract No. 186, Denton County, Texas, said tract being part of a tract shown by deed to B. M. ~nnls and recorded in Volt, ne 1001, Page 542, of the Deed Records of Denton County and being more particularly described as follows: BI, GINNING for the northwest corner of the tract being described herein at a mark found in the concrete at the northwest corner of said Bnnls Tract; THI~NCE south 88 o47'50" east 271.~9 feet to the northeast corner of a brick coltmn; THBNC]~ south 02014'59" west 25.82 feet to an iron pin set in the ground on the south line of proposed Windsor Drive; THENCE north 88027'27" west with the south line of said proposed road 148.55 feet to an iron pin set in the ground; WINDSOR DRIVE/B. M. BNNIS, ET UX PAGE ONE THENCE north 89o00'32" west with the south line of sa~d proposed road 122.40 feet to an iron pin set in the ground; THENCE north 01o12'49" east 25.39 feet to the point of beginning. for street and utility purposes; with the title thereto vesting in the City of Denton; however, there is excluded from said estate to be condemned all the o11, gas and sulpher which can be removed from beneath said land without any r~ght whatever remaining to the owner of said o11, gas and sulpher of ingress and egress to or from the surface of said land for the purpose of exploring, developing, drilling or mining the same. SECTION III. This Resolution shall become effective from and after 1ts date of passage. ~ PASSED AND APPROVED this the~_~day of December, 1982. DEPUTY CITY SBCR~TARY CITY OF DENTON, TEXAS APPROVBD AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS WINDSOR DRIVE/B. M. ENNIS, ET UX PAGE TWO 212L RESOLUTION WHEREAS, the City Council of the City of Denton has hereto- fore determined the necessity for disposing of the real property hereinafter described; and WHEREAS, after due notice as required by law, competitive bids were received by the City of Denton; and WHEREAS, the highest bid received was for Five Thousand One Hundred Dollars ($5,100.00), from McMahan Tire & Supply Co., Inc./McMahan Oil Co.; and WHEREAS, the City Council hereby finds and determines that the reasonable and fair market value of such property is Five Thousand One Hundred Dollars ($5,100.00); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The bid for Five Thousand One Hundred Dollars ($5,100.00) by McMahan Tire & Supply Co., Inc./McMahan Oil Co. is hereby accepted. SECTION II. The Mayor is hereby authorized to execute on behalf of the City of Denton, Texas a quitclaim deed conveying the hereinafter described property to McMahan Tire & Supply Co., Inc./McMahan Oil Co. , to-wit.' All that certain tract or parcel of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 185, Denton County, Texas, and being a part of that certain tract deeded by J. A. Carroll to the Missouri, Kansas and Texas R.R. Co. on October 9, 1885, recorded in Volume 28, Page 403, Deed Records of Denton County and being more fully described as follows: BEGINNING at the northwest corner of Block 14 of the B.B.B. & C.R.R. Survey, Abstract No. 185; THENCE north 89o21'19" east 285.55 feet to the east right of way of 60 foot road, an iron pin, the true point of beginning; THENCE north 89o21'19" east 27.21 feet to a point 50.0 feet from the center line of the main tract of T & P R.R., a 60 penny nail in the crosstie; THENCE with a curve to the left whose tangent bearing is south 20o54'36" west and radius is 1959.86 feet a distance of 325.55 feet to an iron pin; PAGE ONE THENCE south 89018'50" west 121.17 feet to the east right of way of a 60 foot road, a railroad spike driven in a concrete slab; THENCE north 30o28' east with said right of way 363.7 feet to the t~ue point of beginning and containing 0.497 acres of land, more or less. CONDITIONSz If and when development occurs on this site, a minimum twenty-five foot (25') front yard setback is required, and all City of Denton Rules and Regulations, Specifications and Ordinances shall be applicable. SECTION III. The City of Denton is hereby authorized to pay its share of the necessary and reasonable cost of closing as required by the advertisement for bid. 7~ PASSED AND APPROVED this the day of. , 1982. ATTES ... DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. ITAYLOR, JR., CITY ATTORNEY PAGE TWO RESOLUTION WHEREAS, the C~ty of Denton, Texas is the defendant in a certain Cause of Action No. 81-6739-B styled Felix W. Callahan, et al v. C~ty of Denton, Texas ~n the 158th Judicial Dlstrlct Court said Cause of Action involving the title to a 17.93 acre tract Of land described in Volume 463, Page 260 of the Deed Records. of Denton County, Texas and the title to a roadway easement described in Volume 472, Page 263 of the Deed Records of Denton County, Texas; and WHEREAS, the City Council has heretofore instructed and authorized the City Attorney to institute condemnation proceedings to acquire the fee simple title to said 17.93 acres of land and the fee simple title to said roadway easement; and WHEREAS, the City Councll has found and determined that it would be in-the best interest of the City of Denton to acquire app~okimately 75 acres of land owned by the Plalnt~ffs in the above styled and numbered cause situated around and adjacent to the 17.93 acre tract of land; and -- -WHEREAS;-the City Councll finds and determines that it would be in the best interest of the City of Denton to acquire sa~d approximate 75 acre tract of land by the lnstitutlon of condemnation proceedings against Felix W. Callahan, et al to aqui~e the fee simple title to said 75 acre tract of land; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The City Attorney be, and he is hereby authorized and directed, to enter into an agreed ~udgment in Cause No. 81-6739~B styled Felix W. Callahan, et al v. C~ty of Denton, Texas in the 158th Judicial District Court of Denton County, Texas wherein the fee simple t~tle to said 17.93 acres of land is awarded to the City of Denton, Texas and to further enter into an agreed judgment and/or contract of sale from Felix W. Callahan, Lotta E. Callahan Ann C. Stark, Robert W. Callahan and James E. Callahan to acquire the additional 75 acres of land (approximately) for a total consideration and cost to the City of Denton of Four Hundred Thousand Dollars ($400,000.00) in settlement of Cause No. 81-6739-B and in full payment for said additional 75 acres of land, the sa~d 75 acres to be conveyed free and clear of all liens, and the judgment condemning the 17.93 acres in fee simple title free and clear of any and all restrictions and covenants herein above set out ~n Volume 463, Page 260 of the Deed Records of Denton County, Texas. SECTION II. AS further consideration for the conveyance of the above described addit~onal property, the City of Denton hereby agrees to construct across Pecan Creek a iow water dam in the approxlmate cost of Thirty-Three Thousand Dollars ($33,000 00) This resolution shall become effective Immediately from and after its date of passage. PASSED AND APPROVED this the __ day of , 1982. RICHARD O. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS - / NO. 81-6739-B FELIX W. CALLA~AN ET AL ~ IN THE DISTRICT COURT VS. ~ OF DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS ~ 158TH JUDICIAL DISTRICT JUDGMENT The above-entitled and numbered cause came on for he . L~g before this court on December .~.~c; , 1982. Plaintiffs Fellx W. Callahan, Lotta E. Callahan, Ann C. Stark, Robert W. Callahan, and James E. Callahan appeared by and through thelr attorneys of record· Defendant and Cross-Plaintiff herein appeared by and through its attorneys of record· At that time attorneys for all parties announced that they had agreed on a settlement of the matters involved in this suit and that the City of Denton is entitled to comdemn The 17 93 acre tract of land. Pursuant to the agreement Defendant and Cross-Plaintiff, City of Denton, Texas has agreed to build a low water dam across Pecan Creek at its expense within one-hundred and twenty (120) days from date hereof, and to pay plaintiffs $400,000.00 in full and complete settlement of the asserted causes of plaintiffs and in full payment for a 25 733 acre tract of land and a 45.648 acre tract of land to be conveyed to the City of Denton, Texas by Warranty Deeds. The Court, on request of the partles, finds that it has ]urlsdlctlon of the parties and subject matter of this suit; that there is a bonaf~de dispute between the part~es, that the settlement herein is fair, reasonable, and ]ust, and that ~t would be in the best interest of the parties ~f the court approved the settlement and rendered judgment accordingly. It is therefore ad]udged- 1. Upon the execution and delivery of a warranty deed ~ ' conveying a 25.733 acre tract of land and a ~5.648 acre tract of land to the City of Denton, Texas, JUDGMENT FOR PLAINTIFFS-PAGE ONE That plaintiffs Felix W. Callahan, Lotta · . Callahan, Ann C. Stark, Robert W. Callahan, and James E. Callahan recover from Defendant and Cross-Plaintiff, the City of Denton, Texas the sum of $400,000.00. 2. That the C~ty of Denton, Texas do have and recover from the Plaintiffs Felix W. Callahan, Lotta E. Callahan, Ann C. Stark, Robert W. Callahan, and James E. CaIlahan, the full fee s~mple title, excluding oil, gas, and m~neral interest, to the following described tract of land situated in Denton County, Texas to-wit: A tract or parcel of land s~tuated in Denton County, Texas, on Pecan Creek, about 4 m~les Southeast from Denton, and being a part of the Gideon Walker 2/3 League Survey, Patented October 8, 1845, Patent No. 42, Volume 4, and more particularly described as follows: BEGINNING at a stake at the Southeast corner of a 40.93 acre tract, conveyed by W. L. Henson and Jewel C. Henson to Wm. T. Evers October 7, 1924; T~ENCE West with the South l~ne of the tract a distance of 695.00 feet, to a point that is the Southwest corner of this tract, being 15 feet West of a sta~e that ~s on the said South l~ne; THENCE North 709.00 feet to a point for the Northwest corner of this tract; being 50 feet South and 15 feet West of the Southeast corner of a tract belonging to Calvin Gabbert; T~ENCE East 75.00 feet to a stake; T~ENCE North 470 44' East 297.3 feet to a stake; T~ENCE North 42.5 feet, to a stake on the bank of Pecan Creek; T~ENCE with the bank of ~ecan Creek North 66° 00' East, 388.7 feet to a stake; THENCE South 215.00 feet to a stake~ THENCE South 78° 00' East, 204.66 feet, to a point; THENCE South 974.75 feet to a point in the South boundary line of Wm. T. Evers land, and the North line of the N. T. W~lkerson land, THENCE North 51° 30' West, 198.3 feet to the point of beg~nning, contaln~ng 17.93 acres, more or less. 3. That costs of su~t be taxed against the City of Denton, and that the C~ty of Denton may have its writ of po~eess~on JUDGMENT FOR PLAINTIFPS-PAGE ~WO SIGNED AND ENTERED this __~J~day of December, 1982. ge John Narsutls Judge of the 158th Judicial Dlstr~ct Court, Denton County, Texas APPROVED: PHIr=Dc, WHITE, DAVIDGE, GRIFFIN, SHEL I%ND EAMES_ BY: ATTORNEYS FOR P INT FFS ATTORNEY FOR D~FENDAN~ AND CROSS- PLAINTIFF, CITY OF DENTON, TEXAS FELIX W CALl,AHA.N, Plazntzff LOTTA E CALLAH~u~, Plazntzff S E CALl.iN, Plaintiff ~N C STA~, Plaintiff FELIX W C~LA~N, Her Attorney-~n-Fact ROBERT W CALLAHAN, Plamntmff By .-/~/~ ~ ~t <~_~ ~ ~,._/~ ~ ", FELIX W CALLAHAN His Attorney-zn-Fact JUDGMENT FOR PLAINTIFFS-PAGE TFRLE STEWART TITLE PURCHASER'S STATEMENT SALE FROM Z PLUS CHARGES Filing fees to County Clerk WD /~ o~ REL. DT TSF AFF $ /~ D o Loan Charges and Fees Due to Appr Fee Cr Rep Photo Orlg Fee , Insp Fee $ Loan Transfer Fee or Assumptton Fee $ Fees to ~ ~ T~tle Company T~tle Pohcy Owner Mortgagee~ Bmder Escrow /~ go Restrictions. Tax Ce~flcates State and County $ C~ and School Other Survey Fee to $ A~orney's fees for preparation of papers to $ $ Flood Insurance premium to $ Hazard Insurance premium to $ Tax and Insurance escrowed wtth $ mos tax depostt ~ per mo mos hazard msurance ~ per mo mos flood ~surance ~ per mo __ mos mortgage Insurance ~ per mo $ , Interest from to $ Proration of hazard msurance from , to $ Proratton of flood msurance from to $ Maintenance charge proration from to $ Tax proration from , to $ $ E~row~ accounts w~th lender purchased from Seller $ TOTAL CHARGES $ GROSS AMOUNT DUE BY PURCHASER $ LESS CREDITS , Down payment or earnest money pa~d to $ Loan from $ Note assumed , $ Interest proration fro~ to $ Tax proratmn from ~~ ~ $ $ Rent proration from ~to $ Other Credit $ $ $ $ TOTAL CREDITS $ BALANCE DUE aY/TO PURCHASER $ Pm'chaser understands the Closing or Escrow Agent has a~sembled thts mformauon represennng the transactaon from the best mformauon available from other sources and cannot guarantee the accuracy thereof Any real estate agent or lender involved may be furnished a copy of Statement Purchaser understands that tax and insurance prorauons and reserves were based on figures for the preceding year or supphed by others or esumates for current year and m the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct The unders, gnca bereby auchor,zes '-~ "ff~--'-~ ~""ff "'f'l "r7 ~'- to make expend,rares and d,sbursemen[s as shown above and approves same for payment The undersigned also acknowledges recezpt of Loan funds, ffapphcable, In the-amount show, above and receipt ora copy of tlus Statement J ~ / / /-,, CLOSING OR ESCROW AGENT ADDRESS WARRANTY DEED THE STATE OF TEXAS ' § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON That we, FELIX W. CALLAHA/q and wife, LOTTA E. CALLAHAN, of Denton County, Texas, and JAMES E. CALLAHAN of Denton County, Texas, ANN C. STARK of Bee County, Texas, and ROBERT W. CALLAHAN of Pierce County, Washington, not 3oined by our spouses because the hereinafter described property ¢onsitututes no part of our homesteads and is our sole and separate property, for and in ¢on- szderation of the sum of TEN AND NO/100 ($10.00) DOLLARS and other valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby acknow- ledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto CITY OF DENTON, TEXAS, a municipal corporation, Grantee herein, of the County of Denton, State of Texas whose matlin§ address ~s Mun~czpal Bulldzng, 215 E. McKinney, Denton, Texas 76201, all of the followzng described real property in Denton County, Texas, to-wzt TRACT ONE ,Ail that certain tract or parcel of land s~tuated in the Gideon Walker Survey, Abstract 1330, Denton County, Texas, being a part of a certain (called) 430.140 acre tract described in a deed from Henry S. Miller Co., Trustee to Lotta E. Callahan on the 2nd day of August, 1977, recorded in Volume 847, Page 690, Deed Records of said County, and being more fully described as follows BEGINNING at a steel pin at the West Southwest corner of sazd 430.140 acre tract in Mayhtll Road and at the Southeast corner of the MEP & PRR Co. Survey, Abstract 927, THENCE N. 2° 58' 37" E. with sazd Survey l~ne and the most Westerly boundary line of said 430.140 acre tract ~n Mayhill Road, a d~stance of 751.63 feet to an ~ron pin at a m~d-Northwest corner of said tract, THENCE S. 88° 06' 15" E. with a fence and the North lzne of a road a distance of 2641.17 feet to an iron pzn and fence corner at an inner ell corner of said tract and a bend in sazd road, THENCE $. 38° 23' 20" E. with a fence and a Northeasterly lzne of said road a distance of 61.96 feet to a steel p~n on a Northerly boundary line of a City of Denton Sewage Treatment Plant tract described in a deed from W. T. Evers et al ~n Volume 463, Page 260, Deed Records of Denton County, Texas, THENCE S. 49° 38' W. with a North boundary lzne of sazd City Tract a distance of 11.88 feet to a steel p~n at an angle, THENCE N. 88" 06' W. a distance of 60.0 feet to a steel pin at the West Northwest corner of said City of Denton Tract, THENCE S. 1" 54' W. along and near a fence a distance of 709.0 to a steel pin and fence corner at Southwest corner of said City of Denton Tract, THENCE N. 87" 50' 41" W. with a fence and a Sputh boundary line of said 430.t40 acre tract a distance of 693.69 feet to a steel pin at a fence corner angle; THENCE N. 87" 49' 09" W. with a fence a distance of 1932.91 feet to the Point of BeEinnin§ and conta~nin§ 45.648 acres of land. TRACT TWO All that certain tract or parcel of land situated in the Gideon Walker Survey, Abstract 1330, Denton County, Texas, being a part of a certain (called) 430.140 acre tract descrlbed in a deed from Henry S. Miller Co., Trustee to Lotta E. Callahan on the 2nd day of August, 1977, recorded in Volume 847, Page 690, Deed Records of sald County, and being more fully described as follows BEGINNING at a steel pin at the Southeast corner of a City of Denton Sewage Treatment Plant Tract descrlbed in a deed from W. T. Evers, et al to Czty of Denton on December 12, 1960 and recorded in Volume 463, Page 260, Deed Records of Denton County, Texas, and an inner Southwest corner of said 430.140 acre tract, THENCE N. 1" 54' E. alonE and near a fence a distance of 980.70 feet to a steel pin and fence corner at the East Northeast corner of said City of Denton Tract, THENCE Westerly with the North boundary line of said C~ty Tract the following 5 bearings and distances (1) N. 76" 06' W. 220.0 feet (2) N. 1" 54' E. 215.0 feet (3) S. 67" 54' W. 388.7 feet (4) S. 1" 54' W. 42.50 feet (5) S. 49" 38' W. 285.42 feet to a steel pin on the Northeasterly line-of ~ road, THENCE N. 38" 23' 20" W. with a fence and the Northeast lzne of sazd road a distance of 61.96 feet to a steel pin and fence corner at an inner ell corner of said 430.140 acre tract, THENCE N. 1" 20' 58" E. with a West boundary line of sazd tract along and near a fence a distance of 287.56 feet to a corner in Pecan Creek, THENCE Easterly and Southerly with the middle of Pecan Creek the followzng 17 courses and distances (1) S. 60" 18' 06" E. 157.38 feet (2) N. 71" 18' 35" E. 518.28 feet (3) S. 71" 41' 41" E. 173.01 feet (4) S. 67" 48' 26" E. 297.75 feet (5) S. 49" 16' 23" E. 79.11 feet (6) S. 8" 35' 49" E. 243.12 feet (7) S. 31" 49' 18" E. 169.01 feet (8) S. 85" 55' 18" E. 223.65 feet (9) S. 44" 19' 49" E. 137.92 feet (10) S. 48" 06' 12" E. 242.88 feet (11) S. 42" 28' 28" E. 89.0 feet (12) S. 6" 04' 26" W. 108.62 feet (13) S. 25" 15' 45" W.-70.50 feet (14) S. 51" 44' 51" W. 187.94 feet (15) S. 12" 43' 27" W. 301.18 feet (16) S. 52" 11' 17" W. 93.32 feet (17) S. 41° 41' 08" W. 244.97 feet to a corner zn sald Pecan Creek on a South boundary lzne of sazd 430.140 acre tract, THENCE N. 48" 52' 43" ~W. along and near a fence a dzstance of 71 2.26 feet to the Point of Begznnzng and contaznzng ~n all 25.733 acres of land. THIS CONVEYANCE IS SUBJECT TO THE FOLLOWING 1. Easement dated August 24, 1925, from W. T. Evers to Lone Star Gas Company, recorded in Vol. 199, page 615, Deed Records, Denton County, Texas. WARRANTY DEED, Page Two 2 Easement dated July 14, 1960, from W. T. Evers to Lone Star Gas Company, recorded in Vol. 460, page 89, Deed Records, Denton County, Texas. 3 Easement dated March 3, 1925, from George W. Clark to Lone Star Gas Company, recorded in Vol. 199, page 612, Deed Records, Denton'County, Texas. 4 Easement dated October 18, 1949 from W. T. Evers to Texas Power and Light Company, recorded in Vol. 355, page 519, Deed Records, Denton County, Texas. 5 Easement dated November 10, 1964, from W. T. Evers to Texas Power and Light Company, recorded in Vol. 516, page 610, Deed Records, Denton County, Texas. 6 Easement dated April 11, 1967, from Felix W. Callahan et ux to Texas Power and Light Company, recorded in Vol. 549, page 661, Deed Records, Denton County, Texas. 7 Lease agreement dated November 7, 1966, from Lotta E. Callahan et vir, to Lone Star Gas Co., recorded in Vol. 545, page 31, Deed Records, Denton County, Texas. 8 Easement dated February 15, 1952 from Will Evers to Texas Power and Light Company, recorded in Vol. 372, page 583, Deed Records, Denton County, Texas. 9 Easement dated July 14, 1960, from W. T. Evers to Lone Star Gas Company, recorded in Vol. 460, page 90, Deed Records, Denton County, Texas. 10 Easement dated March 29, 1955, from W. T. Evers to Lone Star Gas Company, recorded in Vol. 410, page 169, Deed Records, Denton County, Texas. Mineral interest as set out in Partition Deed between Jessze E. King et vlr,.Kenneth M. Kzng and Lotta E. Callahan et vzr Felix W. Callahan dated February 10, 1965, recorded in Vol. 519, page 518, Deed Records, Denton County, Texas, as modified by Partition Agreement between Jessie E. King and Kenneth M. King and Lotta E. Callahan and Fellx W. Callahan dated July 15, 1970, and filed August 14, 1970, recorded in Vol. 606, page 250, Deed Records, Denton County, Texas. 12. Easement dated June 24, 1970, executed by Lotta E. Callahan et vir Felix W. Callahan to Lone Star Gas Company, filed July 21, 1970 under clerk's file #6314. 13. Easement dated December 18, 1973 executed by Henry S. Miller Company, Trustee to City of Denton, recorded zn Vol. 695, page 350, Deed Records, Denton County, Texas. 14. Easement dated September 22, 1978 executed by Lotta E. Callahan et vir Felix W. Callahan to City of Denton, recorded zn Vol. 914, page 522, Deed Records, Denton County, Texas. 15. Easement dated executed by Lotta E. Callahan et al to City of Denton, recorded in Vol. 1128, page 982, Deed Records, Denton County, Texas. 16. Easement dated executed by Lotta E. Callahan et al to City of Denton, recorded zn Vol. 1128, page 988, Deed Records, Denton County, Texas. 17. That portion on the West lying In the Mayhzll Road, Road easement along the North, Power poles and lines, Guy ease- ments, protruszon of fences beyond property lines, protrusion WARRANTY DEED, Page Three of property lines beyond fences, and City of Denton ease- ments all as shown on Survey dated October 25, 1982 by Gary W. Hammett, Registered Public Surveyor. 18. Road easement dated August 30, 1961 executed by W. T. Evers et al to the City of Denton recorded in Vol. 472, page 263, Deed Records, D~nton County, Texas. TO HAVE AND TO HOLD the above descrzbed premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, its successors and assi gns forever, and we do hereby bind ourselves, our heirs, execu- tors and administrators to WARRANT AND FOREVER DEFEND all and singular the sazd premises unto the said grantee, its successors and assigns, against every person whomsoever lawfuly claiming or to claim the same or any part thereof. EXECUTED this day of , 1982. FELIX W. CALLAHAN LOTTA E. CALLAHAN JAMES E. CALLAHAN ANN C. STARK By FELIX W. CALLAHAN, her agent and attorney-zn-fact ROBERT W. CALLAHAN By. FELIX W. CALLAHAN, his agent and attorney-ln-fact WARRANTY DEED, Page Four THE STATE OF TEXAS § § COUNTY OF DENTON § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared FELIX W. CALLAHAN and LOTTA E. CALLAHAN, khown to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 1982. Notary Public, State of Texas My Commission Expires THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, zn and for said County, Texas, on this day personally appeared JAMES E. CALLAHAN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, thzs day of , ]982. Notary Publlc, State of Texas My Commission Expires THE STATE OF TEXAS § § COUNTY OF DENTON BEFORE ME, the underszgned authorzty, zn and for sazd County, Texas, on this day personally appeared FELIX W. CALLAHAN as agent and attorney-in-fact for ANN C. STARK, known to me to be the per- son whose name is subscribed to the foregozng ~nstrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and the in capaczty therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day , ]982. Notary Public, State of Texas My Commzsszon Expzres WARRANTY DEED, Page Fzve THE STATE OF TEXAS COUNTY OF DENTON § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared FELIX W. CALLAHAN as agent and att. orney-in-fac~ for ROBERT W. CALLAHAN, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and the in capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day , 1 982. Notary Public, State of Texas My Commisszon Expires FOR USE BY COUNTY CLERK PLEASE RETURN TO City of Denton Munzctpal Buzldzng 215 E. McKznney Denton, Texas 76201 WARRANTY DEED, Page Szx ~ ~ ~ CITY OF DENTON~ TEXAS L~ ", OFFICE OF THE CITY ATTORNEY MEMORANDUM C.J. Toylor~ Jr. City Attorney Joe D Morris Assistant City Attorney Robert B. H~ter, Assist~t City Attorney DATE: December 10, 1982 DEC ~ 3 ~98~ TO: Chris Hartung, City Manager ~ckl Westllng, Deputy C~ty Secretary B~ll McNary, D~reetor of F~nance Bob Nelson, D~rector of Utilities FROM' C.J. Taylor, Jr., C~ty Attorney SUBJECT: Callahan lawsuit and purchase of a 25.733 and 45.648 acre tracts. We have closed the purchase of the above property and attach cop~es of the following ~nstruments for your f~les: 1. Resolution of the C~ty Council; 2. Judgment ~n Cause No. 81-6739-B condemning the full fee t~tle to the 17.93 acre tract, 3. Closing statement; 4..Warranty Deed conveying the 27.733 and 45.648 acre tracts; and 5. Map of the 27.733 and 45.648 acre tracts. If you have any questions, please feel free to ~ontact the undersigned. CJTJR:3s Attachments