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HomeMy WebLinkAbout07-1967 i r.. ~G~ ~V - ~ x ~ ~ n 'r .F. - A - ` } i Fri. t Yq~ ~y r 17 i 1 THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT Richard W. Lahman of Denton County, Texas , in consideration of the sum of Ten Dollars ($10.00) - - - - - - - - - and other good and valuable consideration in hand paid by the city of Denton, Texas, receipt of which is hereby acknowledged, do by I these presents grant, bargain, sell and convey unto to the City of Penton, Texas , the free and uninterrupted use, liberty and privilege of the passage In, along, upon and across the following described property, this date quit claimed by the City of Denton, Texas, subject to this easement, which property is now owned by him . Situated In Denton County, Texas, in the Survey, Abstract No. all that certain lot, tract or parcel of land lying and being situated in the City of Denton, State of Texas and being a part of the south half of Seminole Avenue of the Revised Sequoia Park Addition to the City of Denton, as recorded in volume 4130 Pages 408 thri 412 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for a corner in the east boundary line of said Revised Sequoia Park Addition, north 00 45' west 8.5 feet from the northeast corner of Lot 1, Block 6 of said P.evised Sequoia Park Addition as conveyed by Nathan L. Baker to Richard W. Lahmaa by deed dated July 21, 1964 and re- corded in Volume 5110 Page 334 of the Deed Records of Denton County, Texast THENCE north Oo 45' west, with the east boundary line of said Revised Sequoia Park Addition, 15.0 feet to a point for a corner 23.5 feet north of and perpendicular to the south right-of-way line of said Seminole Avenue, same being the north boundary line of said Lot 1, Block 6: THENCE west, 23.6 feet north of and parallel with the said south right- of-way line of said Seminole Avenue, a total distance of 140.0 feet to a point for a corners THENCE south Oo 45' east, 15.0 feet to a point for a corner 8.5 feet north of and perpendicular to the south right-of-way line of said Seminole JIM THENCE east, 8.5 feet north of and parallel. with the south right-of-w&5 line of Seminole Avenue a total distance of 140,001feet to the place of beginning and containingW 043 acres of land, more or less. And It to further agreed that INo said Richard W. Lahman , in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon stdd property. For the purpose 4 constructing, installing, repairing and perpetually 1 maintaining public utilities and appurtenances in, along, upon and saw& said premises, with the right and pdvoege at all timta of the grantee herein, his or its agents, empInyeas, workmen and representatives having ingress, egteas, and regress, In, along upon and across said 'premises for the purpose of making additions to, Improvements on and repairs to the said publio utilities# appurtenances, or my part thereof, TO MAV'9 AND 10 HOLD unto the said City of Denton, Texas, as aforesaid for the purposes aforesaid the prrmiaeb above described, Witness my hand this the 3J4~'day of J. y , . 19 67 Richard man NSA ;TMfas 7a7CS~s .......rr..-_. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY In and for said ev~attig" s, on %la day pusonallq _.,..~,!,C/Richard W._..Lahman~._ known to pti~~d be the person....... who." name.- ia....... subscribed to the foregoing instrument, and acknowledged to me that..... h6_*_ executod the sama Q* the purposes and consideration therein expressed. GIY wjNbflcR''bi>a-Alb AND SEAL OF OFFICE, This ....o ~ '.day Of__._..__q>il)! A.D. 19 Z p•, y Notary Publl . OQ.I1tg County, Texas My Commission Expires June 1, 1969... JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, i BEFOR^ ME, the undersigned authority, COUNTY OF..._...._._......-._._..._.__.__....._. In and for said County, Texas, on this day personally appeared .____-..__..___......_._........._..._._-.r._..._....._._-_..._and....____.__.._~.._._....._-__.._....._.______..-_.---....__._..._.__ h!s wtfe, both known to me to be the persons ahose names are subscribed to the foregoing Instrument, and acknowledged to me that they each exacuted the some for the purposes and consideration therein expressed, and the said........ ...wife of the said .........having been examined by me privily and apart from her husband, and having the same fully explained to her, the, the said acknowledged such Instrument to be her act t nd deed and she declared that ,ohe had willingly signed the tame for the purposes and consideration therein expressed, and that she did not wish to rat{ act It. OWEN UNDER MY HAND AND SEAL OF OFFICE, This day A.U, 19..... Notary Public, _ County, Texas My Commission Expires June 1, 1D... _ WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF T„ BEFORE ME, the undersigned authority, COUNTY OF. X.... 5,......:...,~ In and for said County, Texas, on this day personally appeared _ , wife of known to me to $e the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the tame fully explalned to her, she, the sold acknowledged such Instrument to be her act and deed, and she declared that sl.o had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. OWEN UNDER MY HAND AND SEAL OF OFFICE,Th%............. duy o!_ w._.__............ A.D. 19......... (L S) Notary Public, ...Cmmty,Texts My Commission Expires June 1, 14 _ CLERK'S CERTIFICATE T S7'A'!'E OF TEXAS, i ...............W.44.2s t2,44t".L................. County OOUNTY OR..........., dCYrk'~~y CountyXourt of aald County, do hereby certify that the foregoing tritrument of,writing dated on the ark of the day of _ s A. D. 10.1 with its Certificate of Authentication, was tiled for »eord fa toy oRlce on the..,...:../..(/..day of ...,.....~.y-....a A. D. f9., at..~%o'dock .lPM., and duly M In the racorw this oe ....day of ! ~ 's........_.......,_..A. D.14~i.~, at r o'clock .a .d.~ji........ ..._...Rteords of sold County, In Volume *'~w- , on agw.../' ~ . • WITNE88 MY BAND AND SEAL Oka" THE COUNTY COURT of sold County, at other In.....,... , F , . r..., the day tmd year tut above written. County Clerk ..~~~......`.C~ounty, Tex". IG~ Hy.,. a0~,la.aa►++•.:..., Deputy, Pte'-{. ~ ~ ' ~ ' • ENO x~• ~ r F IIII V eY I ~ 20:m= Z THE STATE OF TEXAS, ~ KNOW ALL MEN BY THESE PR1; SENTS3 COUNTY OF DENTON "65 THAT F. CLARK ( care of Annie Mae Gober Smith & Jewel Broaduri) of Denton, Texas , In consideration of the sum of TEN AND NO1100 ($10.00) DOLLARS and other goal and valuable consideration In hand paid by the City of Denton, Texas ,receipt of which,Ie hereby'icknowledged, do by these prevents grant, bargain, sell and convey unto to the City of Denton, Texas , th; free tnd uninterrupted use, Liberty and prlvilege of the passage in, along, upon and across the following described property, owned by him . Situated in Denton County, Texas, in the S. C. Hiram Survey, Abstract No. 616, and being a part of a certain lot conveyed to Franc Clark by deed dated April 10, 1935 and ~ecorded in Volume 250, Page 452 of the Deed Records of Denton County, Texas; BEGINNING at the northeast corner of the above mentioned Frank Clark lot, said point of beginning being the intersecting point of the west right-of-way line of Lakey Street and the south right-of-way line of Wilson Streets THENCE south, ~•Yith the east boundary line of said Frank Clark lot, same being the west right-of-way line of Lakey Street, 105.0 feet, to a point for a corner at the southeast corner of said Frank Clark lot; THENCE west, with the south boundary line of said Frank Clark lot, 10.0 feet, to a point for a corner? THENCE north, 10.0 feet west of and parallel with the east bound- ary line of said Frank Clark lot, 105.0 feet, to a point for a corner in the north boundary line of said Frank Clark lot, same being the south right-of-way line of Wilson atreeti THENCE east, with the north boundary line of said Frank Clark lot, 10.0 feet to the place of beginning and containing 0.024 acres of land, 'Vora or less. And It Is farther agreed gait the said City of Denton, Texas , in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, repairing and perpetually maintaining piubl.ic utilities and street In, along, upon and woia said promisee, with the rigbt and privilege at all times of the grantee herein, his or its agents, , emp!oyces, workman and representatives having ingreas, egress, and regress In, along upon and across sod premises for the purpose of making additions to, improvements on and repairs to the said ,public utilities, or street,or any art thereot. iO 'Wt AND TO H6Ll3 unto the said City of Denton, Texaa as aforesald for i the purpose afore" the premises above described. h. witness our hW A a , this th6 day of , A. D. 19 67. 1 1 ~r k ~s r SIJ;GLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the underelgned authority, COUNTY OF..._.-.. DEN1 _OIV _ _ Y personally appealed..__. JEWEL )n'aild for.ssid Count!, Tess, on this da O r' known to me to h: tf.e person _-whose name-19 .........subscribed to the foregoing instrument, and acknow edged to ma that _1 he...L.,executed the same for the purposes and consideration therein expj esed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, 7yu f ..slu.~ A.D. 19_$x. blle, ....&D e..ntO.t1._._._....-._... County, Texas My Commiaaion Expires June 1, 19 _69 _ ».yr-- •n•~.m ~ ngwTmzrr rT [1l~1lIFNT SINGLE ACKNOWLEDGMENT STAT 1 CO THE UNTY e E OF Michigan 3 `Sf? WAX~IE BEFORE ME, the undersigned aut'Inr,ty, ?,BEFORE ra jro Mic li Annie Mae S a only, J ,'sy Personally appeared ._.................Got?e. it,................................. O'b kbqwn to me to , be e the person whose n Tme iB subscribed to the foregoln instrument, r.i ~ g d acknowledged to me that DFhe some for the ur oses and consideration thftrein expiesstd, ' C t 0;+S~d / K• .R MY 11,sNg0, k1`W4"FFICE, T~~hls 26 dal of 111I}! , A.D. 19 g.7.. . 1 all. 6~) Iteluy Publlc, Oakland County, M1ch* l11 Acting In Wayne County No 1'ul+Iic, ayes County, MiChfgar>[ MYCemmkdon Espies Mar.17,19 hiy Comadssion Expires June 1, 19... I My G mmission Explres June 1, 1D.. WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS. BEFORE ME, the undersigned authority, COUNTY OF,.,. - ........................I in and for sa!d County, Texas, o;, Oil; INy personally appeared _ . known to me to be the aeon a . wife of pe hose name is subscribed to the foregoing Instrument, and having been examined by me privily and apart from her husband, and having the same fully explalned -.o her, she, the said Foe wish to retreat IL . 1 B Y g V acknowledged such Instrument tP be hee act and deed, and she declared thdt she ha' wililn I sl ned the same for the purposes and consideration therein ex remied, and that she Ud GIVEN UNDER MY HAND AND SEAL OF OFFICE,ThIs......._............_...dar of . A.D 19............ „ .................W......... Notary Pnblle, ..County, Te* My Commission > xplrea June 1, 19...... _ CLERK'S CERTIFICATE ;THE STATE OF TEXAS, I , county -COUNTY Oy . ......a tZ&A..!....... ! Clerk of the County Court'of add County, do hereby certify that the foregoing Instrument of writing dateG on the day of . . y , A. D. Igloo ..7, with Its Certificate of Authenticatlord„wss Aied for record to my cfl9ce on the . AIM&P..day of w..., A. D. 14.. al..~•.QPo'cloek )1f.0 and duly r € worded two LJ day of ww, L.......~. . 4JS.Qr.. ............Records of laid County, In Volnme..r+`V, epyagee....... WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said Count at once In.............. ,,4rs atY.!:....... _ ..,aW W w the day and year tut above wr. all. Casiity Clerk»......` ,i~'C==o,N,un.ty, Texas. S.) By _ Wrb - 4 Deputy. r . r 14 ` , c . . THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTSs COUNTY OF DENTON THAT the City of Denton, Texas, a Municipal Corporation of the County of Denton and State of Texas, for and in con- sideration of the•aum of Ten Doklars ('910.00) and other good and valuable consideration to it in hand paid by Aaron J. Rehkop of the County of Denton and State of Texas, the receipt of which is 'liereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Aaron J. Rehkop Ms heirs and assigns, all its right title and interest in and to that certain tract or parcel of land lying in the County of Denton and State of Texas, describeO •h follows, to iti t i 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 north one-half of Seminole Avenue of the Revised Sequoia Park Addition to the City ofDenton, as recorded in Volume 413, Page 408 thru 412 of the Deed Records of Denton County, Texas, and being more particularly described as follows3 BEGINNING at the northeast corner of the intersection j of the north right-of-way line of Seminole Avenue and the east right-of-way line of Redwood Place, said point also being the southwest corner of Lot 5 Block 5 of said Sequoia Park Addition as conveyed by Carrol L. Lancastor by deed dated December 14, 1963 and record- ed in Volume 502, Page 561 of the Deed Records of Denton County, Texas; TWINCE east with the north might-of-way line of said Seminole Avenue, same being the south boundary line of said Lot 5 Block S, a total distance of 140.0 feet to a point for a corner in tie southeast Cornar of said Lot 5 Blood 5, said pQi»t lying in the es4t bound- ary line of said Revised Viquoia Palk Additipnf THENCE south 60 45' east with the south boundary line of said Revised Sequoia Park, MO feet to a point for a corner in the center line of said Seminole Avenue] THENCE west with the center line of said Seminole Ave- nue, a total distance of 140,0 feet to' a point for 'a corners Tones north 00 45' west, 25,0 feet to the plaoe'of bd4inninq and contaidj'.,nq 0.008 acres of land, moxa t: of less PROVIDED THAT, as a condition to the completion of the transfer and the passage of title horeof, the said Richard W. Lahman or agent shall install and extend proper curb and gutter along the west boundary line of this described tract at his expense and compliance with the City of Denton specifi- cations for sL.!h installation, which shall be compatible with the existing curbing adjoining this tract, and that installed or to be installed by Richard W. Lahman, and shall be an ex- tension of same. TO HAVE AND TO HOLD the said premises, together wick all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said Aaron J. Rehkop his heirs and assigns, forever, so that neithar the said City of Dert.7n, Texas, its successors nor any person or persons claiming under it shall, at any time,hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof, WITNESS our hands this ,y day of July, A. D. 1467, at Denton, Texas, CITY OF DENTON, TEXAS By: ke Martin, Mayon i?SST r. Holt, city secretary 71111T~ 141"Y' e` ONE to t v A . THE STATE OF TEXAS X: COUNTY OF DEN70N X' BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Zeke "lartin, Mayor of the City of Denton, Texas, signing as Mayor, in that capacity 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 therjAn expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this j~°'tday of J41y,;A. D. 1967. ;,,wry Notary Public o~9E~ Denton County, Texas My Commission expires June 1, 1969. r. D d 1 7 1 ~ r a; P ra# ~ iFN ~ `yam\xjTr + F ~7 s' ftl OC .ry any ' u + ✓,a' f 1 ~ 1 1 ry r' 1 ~ .y f yy i C lie, yii•A . L. ' .r . ~~w:~ ref eyS AI r', ~ 1 - +r ~rA ~ ~ .y f qTf r + lhb of Texas' CfR rr i t& r' : . ~ ' " wr. M CAF[ ~FEti't~~ = +r t `rF' +;x r d! iw f cM1ih t r THct l' Prl1~~pR, Pirko, N, ear ► °r~'O('llAa~ ~i Hl M a# Nil Or , ~r rr a 1PP"t 7f i My pim % 9 4 1C ; s y. 9 e+1d loci bf bia ird ~t 1rn',. . 7f pi @pfldh, te7ltl . t `'ifs t 7 k "'ti : , tardy NI day snd y~,i~ . f {.r ~ ~ ' r 7~1 '1 ~~rr f ! .h ra rr, l~+ r t r<+ v ~ r '1 M r f ♦ C- ``t v,SjY ,y~<'~ ~x5 f`t fk.. ~ i f 1~ ~ fk 4frfY r - An A~.1 ~`-~~lfr f... } sj y;`i l<J~I 1 Wry{w~ }"~a2 '+,~,t~r. i0~ --~`~l i`+ ~'t ~ .W,'~ ~ < ~ 7 f 4Y T~~ ,'>c'I ~ r <lfS .f • ~ I THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTSs COUNTY OF DENTON X THAT the City of Denton, Texas, a Municipal Corporation of the County of Denton, State of Texas, for and in consider- ation of the sum of Ten ($10.00) Dollars and other good and valuable consideration including the condition stated below, to it in hand paid by Richard W. Lahman,of the County of Denton and State of Texas, the receipt of which is hereby ac- knowledged, do by these presents BARGAIN, SELL, RELEASE AND FOREVER QUIT CLAIM unto the said Richard W, Lahman,his heirs and assigns, all its right title and interest in and to that certain tract or parcel of land lying in the County of Denton and State of Te).as, described as follows, to wits ' all that certain lot, tract or pracel of land lying and being situated in the City of Denton, State of „`Texas and being part of the south one-half of Semi- nole Avenue of the Revised Sequoia Park Addition b the City of Denton as recorded in Volume 413, Pages 408 thru 412 of the Deed Records of Denton County, Texas, and being more particularly described as fo l low,l s BEGINNING at the southeast corner of the intersection of the south right-of-way line of Seminole Avenue and the'east right-of-way line of Redwood Place, said point also being the northwest corner of Lot 1 Block 6 of said Sequoia Park Addition as conveyed by Nathan , L, Baker to Richard W, Lehman by deed dated duly 211 1964 and recorded in Volume 511 Page 334 of tt.F. Deed Records of Denton County, Texasf THENCE east with the south right-of-way line of sal.d Seminole Avenue, same being the north boundary line of said Lot 1 Block 6, a total distance of 140.0 feet r to a point for a corner in the northeast corner of said Lot 1'Blook 60 a,Ad point lying in the east boundary line of said Revised Sequoia Park Addition# THENCE north Oo 45' west with said east boundary line of Revised Sequoia Park Addition, 25.0 feet to a point for-a corner in the center line of acid Seminole Avenue =NCE west, with the center ling of said Seminole tee ' Avenue,'A total distance of 140.0 feet to`a point for ~t ~ . ' ~ corner , ..THENCE south Oo 45' east; 25.0 feet to the place of beginning and containing 0.08 acres of land, more or less. SAVE AND EXCEPT that portion described in a certain utility easement bearing even date herewith granted by the said Richard W. Lahman to the City of Denton, and to which burden this quit claim deed is expressly subject as stated in the said easement. ' PROVIDRD THAT, as a condition to the completion of this transfer and the passage -f title hereof, the edd Richard W. Lohman or agent shall install and extend proper curb and gutter along the west boundary line of this described tract at his expense and in compliance with the City of Denton specifications for such installation, which shall be compati- ble with the existing curbing adjoining this tract, and shall' be an extension of same. TO HAVE AND TO HOLD the said premises, together with all and singular 'thb rights, privileges and appurtenances thereto h in any manner belonging unto the said Richard W. Lahman~his heirs and assigns, forever, so that nbither the said City of Denton, Texas, its successors nor any person or persons claim- ing under it shall, at any time hereafter, have, claim or de- mand any right or title to the aforesaid premises or appurts- nancee,•or any.part thereof, . WITM9 our' hands at Denton, Texas this 31st day of truly, A. bi 1967. . CITY OF bENTON, TEXAS x ktl Martin, Me~yor v , ,t~T • r . city S crotary , ri, t 77 THE STATE OF TEXAS 1 COUNTY OF DENTON X PEFO,RE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared zeke Martin, Mayor of the City of Denton, Texas, signing as Mayor in that capacity, known to me to be the person whose name is subscrib-• ed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration there- in expressed. .,,,GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 31st day of A tir: ~''•RWLye A., Da 1967. r i,s n ~.,X Notary Public ~ 'Denton County, Texas My Commission expires June 1, 1969,' i.'': A r S " ~ i i Y pilyq ~ t F M '/y r 14 1 r y% 1, i , ..yf rP h~t V .r t 4 1.I, Y ro ~ f ro w4 a ; RAJ I r d T i a R? 0: r + ~ r ~ ell; ' `Y~i ~ 15A~ s. .l , i. r (Tp] ~ tit+l t~7 • r a r ~ m i ~t e + 11bo 8t~t1 bf Tax+! CSRTIFIC~ft 6F RECORD Qnty of o:ntcrl 1, TMEYA PAft A, Clerk of ilia County Court In end fs< said Ccv~y e CIA hereby Girtih~ 11' 'r f'6 foriti 1 !ni 1J=rf rn+ Of virnt, 4 I 1 i's .'.lit ( a b Oi jo qL,+ UtI M$I r v 4 ,+f H43d 107 IK^.Y1 t O Diu' ZOO ,l M.+ M r i ~4~ ear Af fah 1r r,n, 1'aK7ll a N # y .S"fknm ror hsni end wRi of vMia sloe 6,q% faiac44+~ 4N ajni ylsr u.t 116ov1 wrl4pbb TH91A PMtII~II Bit - a` ilf Yir O,OuntY SOWN ONi1M tbw' 'c' y,, .r I14, N y a 61 • r'' a r ?r .be t ~'s CRUM & FORSTER GROUP [3 UNITED STATES FIRE INSURANCE COMPANY ❑ THE NORTH RIVER INSURANCE COMPANY of 1urr,0*T Campania ❑ WESTCHESTER FIRE INSURANCE COMPANY SOUND. DEPENDABLE INSURANCE ❑ INTERNATIONAL INSURANCE COMPANY 110 WILLIAM STREET NEW YORK, N. Y. CONTINUATION CERTIFICATE Yi'sST0I STER FIRE INSURANCE COMPANY (hereinafter called the Company) hereby continues in force: Ron. Prem. =10.00 Bond No. 657099 in the sum of One Thousand (31,090) on behalf of Merioan Home Equipment Company of Texas in favor of City of Denton for the extended term beginning Septeaber 91 1967 and ending on the September 9, 1968 , subject, however, to all the covenants mid conditions of said bond. Taie Continuation Certificate is executed upon the express condition that the Company's liability under said Bond and this and all continuations thereof shall not be cumulative and shall in no overt exceed the sum of S1,000.0o .y, IN WITNESS WHERROF, the Company has caused this instrument to be signed by Its of8ms proper for the purpose and its corporate sea! to be hereto affixed this 19 day of July 1,967 YE8TCHI sm ]FIRE InU cic 00MPANY L,. 99 Patrioia Heiser Attorney is raot Pa } x t ~ ~ 1 r~ t, i.~',' 1 ~A s f+ . ~ ~ r' > ' ' R 4 t ~ ~ ~C ~ . *a~ ~ , . ~~h , F I 1 1 ~k . t X11. .t ~ 1 ~ , BOARD OF ADJUSTMENT COUNTY OF DENTON: Denton, Texas, State of Texas: Date _ APPEAL NO. Taken by Against the decision of the Building Inspector of the City of Denton, in accordance with the provisions of the Zoning Ordinance. To the Honorable Board of Adjustment, Lot No, Vr Gentlemen: Block No. c5 i13' 7 i Now eomes_/Lt~a/Y. r Ac Pemb 4!udl ~C~~ H~~ynr A/,n Ne. A!.Br.~ a., a/ .~e%+rrJ dfAd rv a citizen of County, and affirms that on the• 1 day 0f9, As D. 19 , he applied for a pormit to I Cyt9 ~'_X .t ct ~ ~Ott,>sz.C at e(E on a lot 191.4 ft: by'p,~8,9_ft; in a al District as shown upon the attached plotplan and the Zoning Map of thf`tity of tAnton and to use aarsa as a L The permit, however, \ was denied upoh.,the"following grounds') . e 1~ .N y therefore, the appellant wi,appealai in accordance with the provisions of the Zoning Orditlareati to the llonoiable Boa~~r{d of Adjustment to grant the heretofore reques ed parhiv4H to permit-hiii'to $ccftpy, or rent the completed premises ao gel for"the folidWing'redfones W-4 f 1 , Respeelfully submitted 14 ti t", t y~ - w r. I" A l xr.M,w,wr.. w ry~ N V V ell ~ S . .jam +p ~.6 ~ ii - ~f - e~. .3' ~f'•. t ti x ts At „ it ~;<si; °t; '+Tr~) 1 m _ r ~r BUILDING INSPECTORS REPO~tT rr Denton, Texas, t { :rr:.,1+n90 Date Z'/3!7 I herebteertify that on th,, P" 0 did apply for a permit to et, ~ o-~~.• . 3 7 et.nu"or Atj-treat in tb'~ QitY of Denton, In apcordagce, witbr;the w provisi ns of the $ n( ~p Ord~,n•}n]( g. to q_M dut!]rss VIiJ WL ld4lq] v: Lo 7~e :3 {S fiU~][' Fi .i~ A ekl Ji~TJ?ZV the permit was denied b the folio in r u d /rrfi~i~ oirmi 9x11 _ id ~f,KeQ Q, ~..-r t hAgArw iYf l v n _ "--=•1'7'q".t (_~°inri eAt ntfil gTt.. f b0.189Up37 V101 i01M 9rf3 Jnszg n.f Jn.~:^,4V LA ewtu jidr4-ir.tr l f)J r? bsQea Y.34 9uba►it ekatch o building and prhmieesroposed cb&Age, in space belovi I, t % . 43 r ' --1 I ~ .t ~Ij l♦, Ij E3 3 ` n \ uy- U ! o t ~ frill tlllttki YlSi»~^L' n::S2i.: R:411111111111 1111111111111111 111111111111MIl1tills] Fitlllli IltlfifiltltlCf3 :11:1.fill t f' ! al Ilia ewia..~,' k,j'" ' L'•. M r , ~~VV v Q i s ❑ W ' N s -i), r rr _ L,J I D 1 ~~1t3} ! ..r~ r Y i y ^h. 5 COUNTY HOSPITAL Art. 4494i Art. 4494i. Joint establishsuent and operation of hospitals by counties and cities or towns qf; Establishment and o1xralton Authorized; lav to pa hOIlds 7 Section 1. Any county of the State and any incorporated city or town w;thin such county, noting through the Commissioners Court' of such county and the governing body of such city or town, may joint- ly establish, erect, equip, maintain and operate n hospital or hospitals for Uie can! and treatment of the sick, infirm, and/or injured; and f, for the pnrpo:es of establishing, erecting, equipping, maintaining and operating such a hospital or hospitals, the Commissioners Court of any county and the governing body of any city or town within such county f may, by resolution or other appropriate action, confer upon, delegate to and grant to a Eoard of Managers, as hereinafter provided, full and 1 complete author `ty to establish, erect, equip, maintain and operate such hospital or hospitals. 'Such cities or towns and counties that have here- tofore issued and sold bonds for the specific purpose of jointly estab- lishing, erecting, equipping, maintaining and operating such joint- county-city hospital may finance such hospitnl or hospitals out of gen- eral Ir• venues and are each, respectively, hereby authorized to levy and collect A tax, not to exceed Ten (10) Cents per one hundred dollar valuation on the property subject to taxes therein, for such purposes. , ' Board of Mam igetrt nicm4eomhip; ler,m vacancies Sec. 2. The Board of Managers shall be composed of seveu (7) members; three (3) of this number shall be appointed by the Com• missioners Court of such county, three (3) shall be Appointed by the /fov6ning lwdy of such city or town, and one shrill be appointed by tho Commissionors Court of such cotinty and the governing body of such , city or town acting jointly As one appointive body. The Commission- ers Coatt of such county shall appoint to the Board ogle member for a term of office expiring at the end of two (2) years from date of Ap- pointment, one member for a term of office expiring'four (4) years from date of appointment, and one member for a term of office ex- %ing six (6) years from date of appointment. In like manner, the governing body of such city or town shall appoint to -the Board one nter4.,er for a'term of office expiring two (2) years from date of Ap- poAment; one membE: for a term of office explrhig four (4) years f•.om date of appointment, and one member for a term of office expir- i, is six (6) years from date of appointment; and similarly, the Com= missioners Court and the governing body,of such city or town, acting , together as an,appointive body, shalt appoint one member for a term of office expiring six (6) years from date of appointment. There- ; after, At the expiration of each term of office of the members so sp- pointed to such Board, the Commissioners Court and the governing body of such city or town acting ointly as an appointive body, shall 456 ' 14 f i t1t Art. 4494i HEALTH-PUBLIC Title 71 each respectively make, and continue to make, similar appointments ~s to su h Board for a term of office of six (6) years each. Any vacancy occur ring during the term of off fee of any member, whether by resig. nation or death, shall be filled for the unexpired portion of such term by the particular appointive body previously making the appointment of the resigning or deceased member rreeiding officer; quonim t Sec. 3. Such Board of Managers shall select a, chairman or pre• siding officer from among their number who shall preside over all meetings of the said Board, and shall sign all contracts, agreements and other instruments made by'said Board on behalf of such county } and such city or town. A majority of the members of the 13ohr'd shall constitute A quorum with full Authority and power to net. rowel's of 14uint Sec. d. , Such Board of tanagers shall have full and complete Authority to enter into any contract connected with or incident to the establishment, erection, equipping, maintaining or operating such' hospital or hospitals, and in this connection shall have authority to disburse and pay out all funds set aside by such county and such city or town for purposes connected with such hospital or hospitals, And such action by such city or town As though such action had been taken by the Commissioners Court of such county or governing body of such city or town. }'Innncinl Ptnteuientt budgM l Sec. 6. Once each year such Board of iNZanagers shall prepare And present to such Commissioners Court and the governing body of such city or town a complete financial statement of the financial status of such hospital or hospital`, And ahn11 submit! therewith a proposed budget of the anticipated financlal needs of such hospital or hespitA., for the ensuing year. • On the basis of such financial statement And budget the Commissioners Court of such county and the 4overning body of such city or town shall appropriate or set aside for the use nf• such Itor^d of Managers in the operation of such hospital or hospital) the amount of money which seems proper And necessary for'such pur- pose. Contributions Sec. 6. The Commissioners Court of such county and the 90V* erning body of such city or town may contribute to the funds neces- sary for such hosxal or,hospitAls in whatever proportion may be de- termined by them by Agreement. 4G0 ; Q • 1 Ch.S COUNTY HOSPITAL Art. 44941 I 3 -Kut-19cmeat sand control ' Sec. 7. In connection with the cl•ection nn9 equipping hospital or lospitals said Board of tanagers shall have the authority to determine the manner r,f upending any funds that may have been I Provided by such county ,nd such city or town for such purpose, whether by the issuance of bonds or other obligations, or by aj,;lro. priations fron, other funds of such county and : the intention by this Act to grant city complete aut- ity to manage and control allmatters such affect ng l such hospitals,hre- serving to such county and city or town the right only t„ appoint members to such Board of Managers and to n hereinabove provided for. approve the annual budget Act cttruulativo Sec. S. This Act is cumulative of all other Acts relating to city and county hospitals. Acts 1943, 98th Leg• p, 6914ch.383. Historical Note Title of Acti phaL' An Act providing for counties and cities geld board land aearontlng iyelljtment ers to jointly operate and, nwlntain hoopltalsl and duties; providing for eonultwttionto providing for a Mard,of ?tanagers for the the funds of said hospitals; providing for a operation of such hospitals, and further dtrcct tax lrvy; making the Act cumula• • providing for the delegation by cities and tire; and declaring an emergency. Acts counties to such ]]card control of such has. 1843, 111h Leg, p. 991, eh 3s3. Crass References Board of innnngcrs, ace art. 4470. Chios of 10,000 a more, joint hospitals, eco Art. •492,• Clrj•county bmith units In counties containing Incorporated city, sea art. 4444.-y Nospitsl sites in citles'end counties, so art. 633a Notes of Decisions lids a quire a direct and detailed report of the on- CoOtruetlan and appllcau(.a i oration of such hospllal from parties cper- . Llsbility 4 sting the bocpltal together with sultabu ? PYfthaell and contracts ! recommrddatloes an! other matters as Taxes a might be required of them. Op•Atty.Oen, x man- Library Ntenneq Nueces county could logo?, expend ey for the construction at a storm wirer, l.ospitate Oaf, t, line to connection with t!v budding of a C.I.S. Hospitals 111 at seq., 9. city-county hosplt►l, even though the city t. Co~nslruetion and s icHloe t°n~mptsted connecting see•er tines from ppi points to the proposed storm sever The q•arottinent, control and operation lino of the eltycounty hoep"I. OP.Atty of eltycounty hospitals operated jointly by Ocn-lpls, NO. 04470, city and county was vested in municipal ikard of managers of city-coun'i hospl. And county anthormes jointly, and by tnu• tal was nop required to execute bond eandl- i fuel Agreed lit they could provide for the Honed against loss of county funds trans. s 1>o•plleets 9ittd DreserlDBntlta madA Yndf mash (erred (a such board. but beard members lia ble LOY Of funds MIP tut to which the operating expense should andewort to follow allaapplicable s tatutes bo hatldled And paid, and provds for keep. relating to use slid Bare of public funds, >!l{ oflrecords of 1W its proceedings and re- Op.Atty.Cen.1949-, No, V404. ~4C7 ' t, I. i III h a.~. u y': J ° a y ~a ~ ~ , . ~ a~j q. ~ rt ~ A x THE STATE OF TEXAS, COUNTY OF DENTON KNOW ALL MEN BY THESE PRE7' / j That F. Clark (care of Annie Mae Gober Smith & JeFel Broadus) i of the County of Denton and State of Texas , for and In consideration of the sum of TEN AND N01100 DOLLARS ($10.00) - - - - - - - - - - - - - - I and other good and valuable consideration DOLLARS, to him In hand paid by the City of Denton, Texas I of the County of Denton and State of Texas the receipt of which I . Is hereby acknowledged, do, by these presents, BARGAIN, SEI1L, RELEASE, AND FOREVER j QUIT CLAIM unto the said City of Denton, Texas, it successors L ko tl sand assigns, all his right title and interest in and to that certain tract or par. eel of land lying In the County of Denton and State of Texas, described as follows, i to-wit: all that certain lot, tract or parcel of land lying in the S. C. Hiram Survey, Abstract No. 616 and being aypart of a tract of land conveyed to F. Clark by deed dated April 10, 1935, and recorded in Volume 250 Page 452 of the Deed Records of Denton County, Texas; BEGINNING at the northwest corner of said F. Clark tract, said point i of beginning lying in the east right-of-way line of Lakey Street, { 52.5 feet south of the intersection of said east right-of-way line of Lakey Street and the south right-of-way line of Wilson Streatr THENCE south, with the west boundary line of said Wilson tract, same being the said east right-of-way line of Lakey Street, 52.5 feet to a point for a corner at the southwest corner of aaid F. Clark tract; THENCE east, wkh the south boundary line of said F. Clark tract, 5.0 feet to a point for a corners THENCE north, 5.0 feet east of and parallel with the west boundary dine of said F. Clark tract, 52.5 feet to a point for a corner in the north boundary line of said F. Clark tract; THENCE west, with the north boundary line of said F. Clark tract, 5.O feet to the place of beginning and containing 0.0060 acres of land, more or less. TO HAVA AND TO HOLD the said premises, together with all and s!ngu!ar the rights, privi• loges and appurtenances thereto in any manner belonging unto the said City of Denton, Texas, its successors i *xktand assigns, forever, so that neit1sr ti.e said l'. Clark nor his heirs, nor any person or persons claiming under him shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- 1 Of. - 4 y WITNESS our hand at Denton, Texas t`•1a day of A. A 10y6~7 Witnesses at Request of arantori X ~.K SINGLE ACKNOWLEDGMENT THE STATE OF TZXA BEFORE ME, the undersigned authority, COUNTY OF DENTGN B, and for sa!d County, Texas, on tbls day personally appeared .._JEW r:L BROADUS, 'far { own to me to be the person _ whose name IS - subsnibed tp the foregoing i strument, and acknowledged to me that executed the same for the purposes and eonaiderstion therein expressed. GIVEN UNDER MY HAND AND SEAL OF.Ol'kICF„ This Mh tin of .JR , D 19 67. 1L. S.) Notary Public, ..Q?I1x0.t1.._..__ Ccunty, Texas My Commission Expires June 1, 19...... .17 -__tn]XT, ACTZIVn4VT.FTIAMFNT . _ 1 SINGLE ACKNOWLEDGMENT THE STATE OF BEFORE ME, the undersigned authori 1 OOUN ty, OUNTY OF. C f In and y personally appeared 1 for.apidCounty, M nt dile ng instrument, and acknowledged to me that }y,i .e`td ieRhe person whose name IS subscribed to the forego! ~'•,tl by a scaled the same for the purposes and consideration therein expressed. J 3 I ' GIVEN UNDER MY HANDA~PeT,*CML FICE,'This ~6 dryof_ JUIy A.n.I9 177, 1+ Notary Piblic, Oakrand County, Mlch. /C?-./i~4CAQo';~ Acting in Wayne County t ubllc, Wayne Cou,,ty, Michigan joy cantmisslonLsplres Msr.17,196%ly Commisslon Expires June 1, lD_.. , ri<..:...... _ My Mmmisslon 1';zptrea da,_, WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF- . . . In and for said County, Texas, on this day personally appeared..... . . . kn , wife of- . whose name Is subscribed to the foregoing instrument, and having been examined by me pr v y own o me to be the person and apart from her husband, and Wing the some fully explained to her, she, the said . acknowledged such Instrument to be her act and deed, and she dred that she hod wlllinglysigned the same for the purposes and consideration therein expressed, and that she did not wish w retract It. . , %.D. 1P . GIVEN UNDER MY HAND AND SEAL OF OFFICE,This_....... day of.... Notary Ihrbac, My Commission Expires June 1, 19..... CLERK'S CERTIFICATE THE STATE QF TEXAS,....... ~r ~....00.0 kc;z.A'+lr . County COUNTY OF..... Clerk of the County Court of said Cuunty, do hereby certify that the foregoing Instrument of writing dated on the day of 1........... „~A).~D. 19d„Y, with Its Certificate of Authentleatioty wrrs filed for record In my office on It~e..... .M..,&I Of „ I P.... , A. D. 19,4,> , at.?, OVOY .rk M., and duly recorded this,.., ~A day Of..../n•~. " " " 0 A. D.104.7.' al Q U O'clock, _ M„ in the (Qi •,9Aw40. ! Records of said County, In Volume on Yes %o0...,.., WITNESI3 MY HANb Ah)j REAL OF THE COUNTY COURT of said County, at otliee in ..................sl►*%IYV , the day and year last above writter A Co n e (L tL) County CNrk y$ Texas. Deputy. l~ it I \r Q ~j s, 4 lit ~A; ~ ~ • # " x, cc s I G 1 • U mini THE TRAVELERS ° Certificate of Insurance b 4. This is to certify that policies of Insurance as described below hart been issued to the insured named below and are in force at this time. If such policies are canceled or changed during the periods of coverage as stated herein, in such a manner as to affect this certificate, written notice will be mailed to the party designated below for whom this certificate is issued. 1. Name and address o party towhom this certificate is issued 2. Name and address o insured f , Protex Service, Inc. 1917 North Haskell City of Denton Dallas, Texas 75204 Denton, Texas 3. Location o operations to which t is certificate applies State of Texas 4. eevwro046 fer WW 1n1WLce U aRorddd Umnr d llebMry Porky Num6u Pak Par194* ! 1 Workmens Compensation and Employers' Compensat of n-Statutory e~ IIII } Uabtlity in the stale named in hem 3 hereof UB-3734945 7-1-67/68 bodily kWry liability-OW-pt avlonrobas • $ 250,000, each person `Including Protective ; 5000000 each accident KL50.7713510 7-1-67/68 ..._.............~i. Property Damao.liability-exeepf automobile = 1001000. each accident s Irrluding Protective $ 100,000, aggregate _ bodily Inwry, tlability utomobiis 1 250,000. each person SLA-7713509 7-1.67/68 i St)0~000; each accident o . ...CC Property Damage Liability-automobile = 100,000. 1 each accident Uobinty Ibodify Injury and Property Damage) Is each aecle nt Policy is effective an expires at 12:01 A.M., standard time at the a ress o the named nsur as stated erein. $$Absence of an entry in these epa,,es means that Insurance is not afforded with respect to the coverages opposite thereto. ever pt on Operations, or Automobiles towhich the policy apples; Pest Control The above policies replace coverage effective 1.1-67 to 1.1.68 by Maryland American General Insurance Company. • The Insurance afforded is subject to all of the terms of the policy, including endorsements, applicable thereto. THE TRAVELERS INSURANCE COMPANY Dallas, Texa THE TRAVELERS INDEMNITY COMPANY Office THE CHARTER OAK FIRE INSURANCE OMPANY Producer Corrigan-Jordan lt~sl„~ Agent: Corrigan ordp>~ Insu ce Agency Date tle1067 gY 'C ~ r ~ ~ I C4016 nrV. W." 0011116 IN VIAL A uthoHud &Mu„ attw V i" NO.t; AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 19611 AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF THE CITY OF DENTON# TEXAS, BY ORDINANCE NO. 61-191 AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS LOT 1 OF BLOCK A OF THE JOHN ROADY ADDITION TO THE CITY OF DENTON* TEXAS, AND MORE PARTICULARLY DES- CRIBED HEREINT AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSI SECTION I. That the Zoning Map of the City of Denton, Texas, 1961, adopted as a Part of Parts II and III of Chapter 13, of the Code of Ordinances of the City of Denton, Texas, under pro- visions of Ordinance No. 61-19, and the same is hereby amend- ed as followso All the hereinafter described property is hereby removed from the "A-2" - Dwelling District for Town House use only, as shown on said map, by a conditional zoning ord- inance, and all provisions of Parts II and III of Chapter 13 of tho code of Ordinances of the City of Denton, Texas, as provided by ordinance No. 61-19, shall here- after apply to said property as "A-2" - Dwelling District for Medical Clinic uses only, said use for Medical Clinic purposes being a condition to the validity of this ordin- ancet All that certain lots tract or parcel of land situated in ~,he City and County of Denton, Texas, known as hot 1 of block A of the John P.oady subdivision as shown in the plat records on file in the County Clarks office of Denton County# Texan. SECfiLQk LL That the city council of the City of Denton, Texae, here- by finds that such change is in accordante with a comprehensive plan =:.vr the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among othex things, for the character of the district and for its pr:uliar suitability or particular uses, and with a view to ca.nserving the value of the buildings, protecting human lives, af# onpouraging the most appropriate usAS of land for the maximum )weft to the City of Denton and its citizens, q gaga One SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings heretofore having been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this 11th day of July, A. D. 1967. 3 l Z e Martin, Mayor ty of Denton, Texas ATTESTS h ~ Brooks Holt, Vity Secretary City of Denton, Texas APPROVED AS TO LEGAL FORMa J Q. Barton, City Attorney ty of Denton, Texas Page Two r I + r ry" • Y• , ; " Ste. ~ r r.s M. r, r r f:, A rt • r ' P , u ' nP ( ,rP 1; r.b A 5 r 1 5 ` n l ' ' . 'c S e L'.Tx i yr +5~~ AY IS n ~ +M$ A•°k`+r ° 'q+i ( l * +~tr`I' ~~Ma r`a!iVl k r r b Y ° sp r ~ v a Honora' a Mayor and Menbers of the City Council, I appreciate the opportunity of appearing before you. Lone Star Gas Company, on behalf of both the company and its natural gas customers in the City of Denton... opposes the request of Southwestern Gas Pipeline Inc., for a permit to provide gas service to Acme Brick Company of Denton. The granting of this special privilege to Southwestern could vitally affect the future rates and services for ALL natural gas customers in this city. The fact that this involves the loss of only one Lone Star cuptomer i might seem unimportant. Lone Star is obligated to serve the people of Denton at the most roaaonablu rates possible and with a fair return on its invested capital, but we cannot do so if pipeline companies who are not burdened with the responsibility of full utility service are allowed to raid our industrial customers. These pipeline companies have no obligation to and have expressed no professional interest in the City of Denton nor its people. If the City of Denton should grant Southwestern's request, is this establishing the precedent for additional raids on other large gas or electric users? If Texas Power & Light Company (which does not serve f" r t Denton) makes the same type of request to serve Acme Brick or other indus- trial userej the precedent would Nave been established. On what basis ! could such a request then be denied? The rank and file of both gas and electric customers would wind up carrying the burden because both service and revenues of the established utility service agencies would automatically be affected. v;. 1 Lone Star Gas Company is opposed to the granting of this permit on the basis of its present and future cbligation to provide natural gas service to the people of Dentor at the lowest possible rates and with the highest standard of service. Lone Star has always made every effort to conduct its affairs in a spirit of cooperation with civic and business leaders of your city. We are interested in helping bring new industry to your community to help Denton grow. We have worked hard to help make Denton.a better business and residential community. The granting of the request of Southwestern Gas Pipeline will lessen our ability to continue these funotions. A~, a k.. F d Op- STATEMENT TO THE CITY COUNCIL OF DENTON, TEXAS BY BURNETTE HENRY, VICE PRESIDENT - OPERATIONS, ACME BRICK COMPANY Mr. Mayor, members of the Council, ledies end gentlemen: My name is Burnette Henry end I em a Vice Presidet:~- of Acme Brick Company. We are supporting the request of Southwest Gas Pipeline Company for a permit to cross under one city street with P ges line purely for economic rersons es the beneficiary of P lower ges rate. We negotiated a gas contract with Southwest Gas in competition with bids from the Lone Star Gas Company. This contrect includes 3 of our Tey.as plants - Bridgeport, Bennett, tnd Denton. The Bridgeport plant is now being served by Southwest, and our Lone Ster Gee cdntrect in Denton expires July 1, 1968, and at Bennett on April 1, 1971, The total savings in gas cost for all three plants during this 15 year period approximates 3/4,of a million dollars, In addition, it' provides non-interruptable service which is of considerable volue to our operations. The savings at our Denton plant @lone will be between $300,000 and $400,000, depending upon our consumption, The above savings are, a major factor in whether or not Acme Brick Company decides to expand further in Denton end in the possible reactivation of the old pleat, We have operated 50 years in Denton and have expanded three times in the lest four yeers, The new plant has been tripled in capacity since 1963. We area major industry here and,hove approximately' an annual pAyroll of $800,000, employing 260 people, In addition, the consumption of goods end services Are Page Two r suH _al. For example, we buy $68,000 per yeer of electric power from the City of Denton,and two specific suppliers; one an electric firm and the other a construction firm, were given $10,000 and $'6,100 worth of business respectively last year. In addition, 'sae Pre the City's main shipper by rail and receive $ cers of incoming materiels per day and ship out from 4 to 8 cers per :Py. This is a mPjor factor in keeping adequate rail service in the city. We are satisfied with the service from Soethwest GPs,and their Pbility to construct a,1/2 million dollar pipeline to Denton for our service is evidence of their soundness. I have been advised that there is concern in the city that Lone Star Gas Compan§ will raise rates to other consumers if they lose our business. `J can only say that this has not happened in Bridgeport where we now use South-rest Gas and Lone Star furnishes other consumers, end that other cities enjoy similar rates to Denton without an Acme Brick or a large power plant which in itself is a seasonal load leveler for Lone Star. Our experience has always been that competition in o free enterprise system always results in lower prices than in a monopoly or a one supplier system. I strongly urge the council to approve this request for r permit, ~t ~ ti v Rid U.- THE STATE OF TEXAS, KNOW ALL MEN BY THESE PBFSENTS: COUNTY OF DENTON That W. L. Kimble of the County of Denton and State of Texas , for and in consideration of the sum of TEN f. ND N01100 D(-LLARS - - - - - - - - - - - - - - - - - - - - - and other good anO valuable considerations 1#i>rj>51~5![8, to him in hand paid by the City of Denton, Texas of the County of Denton and State of Texas , the receipt of which is hares; acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said City of Denton, Texas, its successors >tieM and assigns, all his right title and interest in and ti that certain tract or par. cel of land lying in the County of Denton and State of Texas, described as follows, to--tit: all that certain lot, tract or parcel of land lying in the S. C. Hiram Survey, Abstract No. 616 and being a part of a tract of land con- veyed to W. L. Kimble by deed dated January 31, 1956 and recorded in Volume 419, Page 186 of the Deed Records of Denton County, Texas: BEGINNING at the northwest corner of said Kimble tract, said point of beginning lying in the east right-of-way line of Lakey Street, 357.5 feet south of the intersection of saideast right-of-way line of Lakey Street and the south right-of-way line of Wilson Street; THENCE south, with the west boundary line of said Kimble tract, same being said east right of way line of Lakey street, 60.0 feet to a point for a corner at the southwest corner of said Kimble tract, said point also being the northwest cornerof a tom::: of land conveyed to L. T. Lambert by deed dated May 5, 1921 and recorded in Volume 179, Page 522 of the Deed Records of Denton County, Texas; THENCE east, with the south boundary line of said Kimble tract, 5.0 feet to a point for a corner; THENCE north, 5.U feet east of and parallel with S.he west boundary line of said Kimble tract, 60.0 feet to a point for a corner in tho north boundary line of said Kimble tract; TH'iNCE west, with the north boundary line of said Kimble tract, 5.0 feet to the place of beginning and containing acres of land, more or less. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any mAnner belonging unto the said City of Denton, Texas, its successors *Wrd and assigns, forever, so that neither the said W. L. Kimble Lo. r his heirs, nor ar%v person or persona claiming under him shall, at any Hue hereafter, have,.I!ilin or dematfd Any sight or title to the aforesaid premises or appurtenances, or any prrt there- WITNESS hid hand at Denton, Texas this R n , . day of A.D. 19 67 Witnesw at. Re4upst of Orantorr W. Li Kiwis Y Y~ V'' . .r SINGLE ACKNOWLEDGMENT' COUNTY THE OF STATE DE ENTON TEXAS, BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared W. L. - Kililb le _ . knot] e to +be the person _whose name f S ...subscribed to the foregoing instrument, and acknowledged tome that h exergted the same for the purposes and consideration therein expressed. ;i Y. _ J c GIVE I1 UIJD R MY HAND AND SEAL OF OFFICE, T~ 3 da A.D.19Co7 y o ` Notary Public, _ _ DentQf1 County, Texas My Commission Expires June 1, 19__. 67 JOINT ACKA'GWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF . _ In and for said nncty, Texas, on this day personally appeared and his wile, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledr-~d to me that they each executed the same for the purposes and consideration therein expressed, and the said _ , wife of the said. _ .having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said _ acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that shy did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19._......... (L.S.) . Notary Public, County, Texas My Commission Expires June 1, 19............ WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, l BEFORE ME, the undersigned authority, COUNTY OF In and for said Co: nty, Texas, on this day personally appeared . wife of.. known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said _ . . eckr^wledg-d :.:-h instrument to ba her-act and deed, and acre deefared that she had willingly signed the eaine for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This..._ day of-- . A.D. 19 (L.S.) Notary Public, , County, Texas My Commission Expires June 1, 19 CLERK'S CERTIFICATE THE STATE Og TEXASs 1 I,_.... County COUNTY OF__..... ~Q~( LS~p►rtie..._.._...... f Clerk of the Corhty Court of said County, do hereby certify that the foregoing instrument of writing dated on the i...._.3........ , day of . , A. D. 196.7 , with its Certificate of Authentication, was filed for record in my office on the.., ti day of , A. D. 19 6 T., aW-? O'clock G4.-.0 M., and duly recorded this.. . d of, A, D. 196..7, at.~-'05'clock, P. M., in the . ~.5~..... . ~.R ~i.. Records of said County, in Volume ,.X3, /o~ pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at ofRca la._._. Ie,kofelk . the a an last above written. - ` year.. _ .......~,Ra.*.ICe..~....... County Clerk. !1......._.,County, Texas. (L 9.) By_ ...................../K...... , Deputy. ZS v 1~ --0 d ' j V l' • ~ ~ rwal ~ $@A 4 % TIDE STATE OF TEXASr KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON I i That ,Hilliard Williams F of the County of Denton and State of Texas , for and in consideration of thesum of Ten and No/100 ($10.00) Dollars and other good and valuable f consideration V to him in hand paid by the . City of Denton, Texas of the County of Denton and State of Texas , the iweipt of ve. ch I Is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said City of Denton, Texas, its successors b*n and assigns, all his right title and interest in and to that certain tract or par- cel of land lying in the County of Denton and State of Texas, described as follows, ~ i to-wit: all that certain lot, tract or parcel of land lying in the Hiram Sisco Survey, Abstract No. 1184 and being a part of Lots 6 and 7 of Block 7 of Jasper Addition to the City of Denton, Texas: BEGINNING at the northwest corner of said Lot 6 as conveyed to Hilliard Williams by J. E. McCrary by deed dated October 24, 1966, and recorded in volume 5430 Page 409 of the Deed Records of Denton County, Texas, said point of beginning lying in the east right-of-way line of Lakey Street, 210 feet south of the intersection of said east right-of-way line of Lakey Street and the south right-of-way line of east Prairie Stree j THENCE south with the west boundary line of said Lot 6, passing tnru the southwest corner of said Lot 6 same being the northwest corner of said Lot 7, and continuing south to a point for a corner at the south- west corner of Lot 7; THENCE'east, with the south boundary line. of said Lot 7, 5`.0 feet to a point for a corner; THENCE north, 5.0 feet east of and parallel with the west boundary line of said Lot 7, passing thru the north boundary line of said Lot 7, same beinr, the south boundary line of said Lot 6, and continuing north, 5. feet east of and parallel with the west boundary line of Lot 6, to a ~ point for a corner in the north boundary line of said Lot 61 THENCE west, with the north boundary line of said Lot 6, 5:0 feet to the place of beginning and containing 0.0094 acres of land, more or i less. ~ I { 3 TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said City-of Denton, Texas, its successors heirs and assigns, forever, so that neither the said Hilliard Williams nor his heirs, bor any person or persons claiming under him shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of.. WITNESS his hand at Denton, Vexes this • day of ,r ,a Witnesses at Request of Grantors MAS, H AI aid W1111aaiii ' SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, } BEFORE ME, the undersigned authority, COUNTYOF_, DEN TON In and for said County, Texas, on this day personally appeared lard... w ms................... known to 40to td the person whole name _ iQ....... subscribed to the foregoing Instrument, and acknowledged to me that r• executed 66ame for the purposes and consider stion therein expressed. 1 'GIVEN UNDER MY HAND AND SEAL OF OFFICE, 3 P da./of_ }QA2.6..... A.D. 19 67... `:{L.S.) tom, ....►C~fJ Notary Public D qh__...._...... County, Texas •,~'-,G~ My Commission Expires June 1, 19..69.... JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF-.- In and for said County, Texas, on this day personally appeared. and _ his wife, both known to me to be the persons a'ho=e names are subscribed to the foregoing instrument, and acknowledged to me that they each e:.ecuted the same for the purposes and consideration tl•erein expressed, and the eald , wife of the said...... _ -having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the Bald . acknowledged such instrument to be her act and deed and she declared . at sl a had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it GIVEN UNDER DIY HAND AND SEAL OF OFFICE, This... day of A.D. 19 ( L.S. ) _ Notary Publ4c, County, Texas My Commission Expires June 1, 19 {FIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, i 4FORE ME, the undersigned authority, _ . _ f COUNTY OF in and for said County, Texas, on this day personally apps -w~ . . . . . wife!l known to me to be the person whose name is subscribed to the foregoing Instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said . . acknowledged such instrument to be her act and deed, and . she decla.red that she had willingly signed the same for the purposes and consideration therein expressed, and, that she - did not wish to retract it OIVEN UNDER MY HAND AND SEAL OF OFFICE,Th`s....... .........day of..._.-........... , A.D. 19 Notary Public, ..........................County, Texas My Commission Expires June 1, 19.__....... CLERKS CERTIFICATE ' THE STATE OF TEXAS, ctc..Fc County 1 COUNTY OF...... ,...eQ...yir Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the day of A. D. 19.." with its Certificate of Authenticrtion, wps Aled for record to 0&0 on the. day of , A. D. 19 (i 7 r at// .'34o'clock and duly a, y day of < .....A. D. 19G,7., at 3~ s'd recorded this..... / d dclock. P.... M., in the Records of said County, In VoIume.....'r'%-5'j , o pages.70% WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at ofilcc In........t~Ydlev . _ the day and year last above written. I County Clerk......../..... ~ IYS...... Coun t', Texas. By t rQr....I/.....,. _.i, Deputy. I< .t i J al yJ \ ~ S '1 TRINITY UNIVERSAL INSURANCE COMPANY, Dallad, Texas MAINTENANCE BOND STATE OF TEXAS COUNTY OF DENTON` KNOW ALL MEN BY THESE PRESENTS, That we, th2 undersigned, CHARLES DAVIS. DBA DENTON CONCRETE COMPANY as Principal and the TRINITY UNIVERSAL INSURANCE COMPANY; lbllas, Texas, as Surety, as hereby held and firmly bound unto the CITY OF DENTON, TEXAS in the penal sum of Tweltb,IThoudsand M r.>hundredOseyenty.'tW64 no/ DOLLARS, for the payment of which well aaii -truly. to be made, are hereby jointly and severally bind ouragiv-'a, our, heirs,_executors, administrators, successors and assigns by these presents: SIGNED THIS 12th DAY Of July , 1967. WHEREAS, CHARLES N, DAVIS DBA DENTON CONCRETE COMPANY entered into a written contract with the Builder's Development Company on ` the 12th day of July , 19679 Which contract and the plans and :z Peeifioatiohs therein mentioned are hereby expressly made a part hereof as though the same were written and embodied hereinl WHEREAS, under the plans, specifications and contract, it is prly1&6a, that the contractor will keep in good repair the work therein•opntraoted ; .tb.be done and performed fora period of,one year.beginning the 12£h day of July , 1467, and ending the 12th day of July , 1968; , at being •understood that the purpose of this eection is to cover only. defeotive ,oonditiens.arising by reason of defective materials, work, or labor per- " "forre-4 by the, said' oontractor{ NOW THEREFORE,, If the said contractor shall keep and perform its said agreement to maintain said work and keep the same in repFir for the said' Y maintenance period of one year, as provided, then these presents shall be, ull'and void, and hive no further effect, but if default shall be mach'' by ehe,said obntraotor in the performanoo of its contract +.o so. maintain K'4•Y!d rojRIr said -workthen these presents shall`hava full.foroe and effeot~ i-,; And'thd' said CEIABL$S N. DAVIS DBA DENTON CONCRETE COMPANY shall have ands reccwer.-frog, the said contractor and its surety damaged in the premises, 'at` provided for in said plane, specifications and contract. PAOVfDI D, However') there shall be no liability°on the saroty for any del~age-rBAu,1ting from fire, acts of God,.eoeidents,.or carless or malicious 11. ftV ?iatidl ing, ' WITNSS3 6 signatures this ,12th day `of July - , , A a N N bo t StSICO. s: a -line Pa ~w TBINITY'.UN VS$9 INUBAN COMPANY t s b3le0 1 TuNiTY UNIYBRSAL l e a ll e a a c e i a a r e ■ a e•n- bur POWER OF ATTORNEY KNOW AtL MEN EY THESE FIESENTS: Thal TRINITY 4NIVERSAL INSURANCE COMPANY, o Taxot Corporation, in pursuance al authority granted by that carlain resolution adopted of a regular meeting of its board of Directors, held of the office of the company, in the city cur Dallas, Texas, an the twenly•Ihird day of January, 1937 and of which the following is a true, lull end complete copy: Rosel,ad, That the Frasidenr, any Vigo J,nldomi, or any Sec,olav of this Company be and Ihry are hormby suthorlaed a,d empowered to make, measure end deliver G behalf d the Company very such pe,son or panens residing within the Un.hd Stores at America, m shay may select, its Power of Anwnay com- Nituli,q and apEatMiny .ask cud parson its Attorney in-Fact, with full power end authority to make, eescyte and del;.u, far it, in is name and in its behalf, as twely on particular bond or undertaking that may be required in the specified hr6ta,y, under such bmdaiians and reside ens, be!h at to net.,re of suck bend, w undoo 11rq' and or to omits of liability to be undertaken by the Company, es said ofliurs may deem area.,, the nature of luck comae at underteklps and the limits of F',eb;i'dy b which such powers of anemey may bar rntrtood, to be In each Instonce lpaicUied in such Power el Anorney.' amended of O regular meeting of its board of oiredws held of the office of the Campeny, In the City of Dalaa, Tupa, on the seventeenth day of October, 1967, and of which the following h a free, full and complete copy: RESOLVED, That any and all Anwnays-ti, -Faa and dfken of the Company Including Assistant Seaetorias, as scarifier or not the Secretary is absent be and are hereby authorised and r ;.voiad to artily or easify copies of the by-laws cf the Company n well as any resolution or the Direows, having to dos with the et asufron of bands, recagr.. ism". caml,Kh of indemnity, and all other writings abligatwy In the nature thereo , w with regard to the powers of any of the officers of the Company ar or Anorneys In-Fad. RESOLVED, That the signature of airy of the persons dooibed in the foreggoe ng relolution mar be hcnmile signatures as fried Or, reproduced by any form of typing, printing, pimping w other reproduction of the names of the persons Aerolnaho,a aul",rzod. does hereby nominate, constitute acd apparel: Me Go RAMEY OR TERRELL We KINOg III - DEXT-ONg TEXAS Its true and lawful Atfamry-ln-Fact, to malts, txetute, steal and deliver for and an its behalf, as surety In the United States of America: Any and all bonds ptevleod the penal Sum of no one bond exceeds--- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ONR MILLION AND NO/100wassea-ream,-r------w($1tOO0oOOOoOO) DOLLARS Ord to be given for the following purposes only, to-wit; Guaranteeing the fidelity of persons holding places of public or private trust; Guaranteeing the performance of contracts for public or private construction, including supply contracts; and all other bonds and undertakirgs required or permitted PROVIDED that i o bid or proposal bond s to be execvfed where the amount of the estimated contract is in excess of ONR !':iLIJON AND V0/100.................. (51s000aO00e00) DOLLARS and PROVIDED, No outhoriy is ext,nded for the execution of Open Penalty Bonds No authority is gtvn!o execute any botnd wherein soidlsttpney-Ih•f6tt'aypears ds a party or interest fiche, at orl-0pol or obligee. e S And the execution of such bonds or undertakings, In pursuance of those presents, sholi be as binding upon the mid Company, as fully and amply, to on intents and purposes, as if they had boon duty emeruiad and acknowledged by the regularly dotted officers of the told Company of its office in Dall01, Tuts, in,fhetr Own Proper peno"L In witneu whereof, TRINITY UNIVTRSAL INSURANCE COMPANY hale eovsod ifs coryetafe goal to be herate affixed and these plegonit to be duly executed by rte proper officer this- 10th day of December '19 64 Alleslr TRINITY UNIVERSAL INSURANCE COMPANY by - 0. La Dumville s. Seoretf>tirq Titl' ISEAU MI.F rank M. Id me Vine Preeideat- Stab of Texas ttl County of Dallas I On this day pertonony, appeared before me, a Nalav Fubtfc, in and for the County of Dollar the above named officee of TRINITY UNIVERSAL INSURANCE COMPANY, who, being duty sworn by me, did depots and say that he Is the eatd ofrieor of the Campa,.y efauaid, end that the tool affiasd to the precediucg instrument is the torporale toot of the told Company, and the, the said torpotote Tool and his signature at Such ofYcef wore duly offieed and wbsttibed to the sold inlltume t by chit autil and direction of thhemid Company. Yc^Iners my hand and reel, chi 0th day of Decembor tffr8k.r._. IR1AS) June_lp 1965 Cs He CASONoPa Notary rabne My temmlesten explas_.-. 1 signed, Sactefory of TRINITY UNIVERSAL INSURANCE COMPANY, do hereby certify that the Original POWER OF ~F;~Yj~lvt, h the foregoing Is it full, true and Correct `60y, woo signed by The Officers and Notary Pubtlc w41411 11,30114$ ere shown oboes and e'B9~p L~r a and efhN. a In wriest I f, wit hheun,t avlscrlbL/dn ntY manta and affixed the eOrpaote seats or the Pont, this. ~f r 19vi f~ ~ Sal ere ta' kr_.' CENTIFIED COPY OR 1"'01NE O~ATtORNEY SLE CE111'TIFICATION U~ 00 a i c d j i~ S {i i CNANGB ORWR NlTl AU..1I,. rM DENTC14 MUNICIPAL BUILDING Denton, 'texas Owners The City of Denton General Contractors Cain & Cainp Inc. Archit/eti O'Neil Ford Associates Contract Dates July S0 1967 Date Issueds July 5, 1960 TOs Cain k Cains Inc. You are authorised to make the following changes in the Contracts Brick Allowances 5peoified - $70.00 per M Face Brick: 1470056 installed @ $67.00 plc hl a $ 90852.73 1470056 allowance 2 $70.00 per M • 102393.92 Credit Due $ 441.17 Brick Paw.rs: 170224 installed A ¢84.00 per M a $ 11446.82 170224 allowance d 70.00 per M ■ _1.203.68 Rxtre Due $ 42 1.14 Total Credit $ 2 03 The i'munt tot Contract v Ill be ceased by t n a o Contract total including.this t Caangs Order Vi 11 be • • . • 0 0 •=5620330.43 Tbs Contract period will be inereaasd. . A Days Cain k Cain$ Inc. Acceptances Dates July S. 1068 " eys O'Neil For Ass ci ea Approval s • - Dates Aye City of Dento04 Acceptpancot inch (m 6- are if change t to 3,0.0a (Alternate #1) " Office of Civil Defense Approvals netts By l~ Cain a Wo, So. to MEMO work involved ppon reco rt o siim M age r. r . • at"s ORDER pUle~ iQ '1W INWICIPAL BUIWXNO Denton, Texas Owners the City of. Denton Oeaeral Contractors Ca" A Cainp Inc. Architects 019eil Ford Associates Contract Dates July S, 1961 Date Issued ~inly..a ' 6i1n TOs Cain ► Cain, Inc. You art authorised to make the following ehaups in the contracts To install floor drains :or air handling units 09 and N9. Plumbing . . . . . . . 103.96 12% Overh"d & Profit 12.49 $ 116.44 } to t tract . . . . i 116.44 Contract total includlssd We Omp Ordar will be . . . . . . . . . ....f 962,530, jrn Ties Oontratt period will b¢ inersa"d . . . . . . . . . n L Cain M Cain, Inc. Acceptance# 01se •1 Ford i tat 1 provale lie$ jrAW Bye City of 1~ntone Ac rapt sca a C) Q ! alsses~c to ago tsm a Office of Civil Defense Approvals tats$ bye Cain e . Co rmitlats vod upon reca pt o s i Mir: t ,`r TCHIAANGS M 6QPLa1 HWICIPAL BUII.DM 1111t~iRr~.~i Denton, Texas Ovnere The City of Denton General Ooatractorr Coin • Cains Inc. Architects 011'eil lord Associates contract Dater Jv,ay Sr 1967 Me Issuede 'toe Cain S Cain] Inc. You are authorised to make the following changes in the Oontracte Install l#" conduit from telephone equ(paent room to 1096 . . . . . . . . . . . . . . . . . . . . . . $ 92.00 Install floor outlets for telephone and electrical in room 1034 . . . . . . . . . . . . . . . . . . 121.61 Install outlets in rooms 1089. 1047, 1043 and 10429 change four fixtures in stairway at Court Roos. 185.85 $399.46 IN Overhead & profit ~47.94 JIL7.40 amount to t trod will by e.-e t o ooutriet total treal&tetf tllia . $ 447.40 0116144 Order Nall b e e • . • • • . . . 64 . . . . • . 1362,414.04 The Orltract psriA)d will be tneeyaaed . . . . . . e 0 Cato i Catat Ins. Acceptances Hats t---t.. i ice. 10& a Byl fir' O~IIleil tta~d Asa~ atsa Approvals Date t~7~4<t/t o Bye _ city of beat • Accep ancat {let ' r cbaW to • • ernate Office of O&►il Defeaes Approvals Wee aye CAin t e. to t e uor vo ved upon ace p o a • l ' CHANGE ORDER NUMBER 8 TH3 DENTON MUNICIPAL BUILDING Denton, Texas Owners The City of Denton General Contractor: Cain & Cain, Inc. Architect: O'Neil Ford Associates Contract Date: July 5, 1967 Date Issued:.Tine 30 1968 TO: Cain & Cain, Inc. You are authorized to mats the following changes in the Contract: New electrical service for computor room 1062 Subcontractor: i Electrical $212.36 12% overhead and profit 25.48 $237.84 I I The amou it to the Contract will be (increased) ftax tsmA by the suns of . . . . . . . . . . . . . . . 237,,84 Contract total including this T Change Order will be . . . . . . . . .$561,966.64 The Contract period will be increased. . . . . . . . . . 5 Days Cain 6 Cain, Inc. Acceptance: Dates June 3, 1968 _ BY: ~Gx O'Neil For,. Associ~tgs Approval: , Dates ~ By: City of nt n's Acceptance: Dates ",Pj A) Jr By: If-change to R.O.C. Alternate #j Office of Civil Defense Approvals Dates Eys Cain & Ca nInc. to initiate work involved upon receipt a signed Change A Order. *9 6 CHANGE ORDER_ NUMIb£R THE DENTON NOMOXOMMOWMM EMERGENCY OPERATING CENTEP Denton, Texas Owner: The City of Denton General Contractor: Cain & Cain, im_. Architect: O'Neil Ford & Associates Contract Date. July 5, 1967 Date Issued: TO: Cain & Ca;.%. Inc. You are authorized to make the following changes in the Contract: To install Qrywall ceilings in rooms 02,, 03$ 04 and 05. Below is a detailed breakdown of.'this cost: Subconttactors: Drywall ...............................$269.00 Painting 142.00 $411,W 12% overhead & profit 49.00 $460.CO -The amount to the Contract will to (increased) $wnwas*by tine stm of ........................................................i 460.00 Contract total ircludirg this Change Order will be 940960.00 The Contrast period will be increased 10 Days Cam & Cain, Inc. Acceptance: Date: April 182 1968 _By:_ "4i O'Neil For sociates Approval: D,jt4: ,_By~` t^ Ci of oa's Acceptance: Dat te 5-6 -AP 8 8y:.. If change to E.O.C. (Alternate 01) Office of Civil Defense Approval: " Q Date: MAY 19 f968 _+'tJ Cain & Cain, Inc. to initiate work involved upon receipt of signed Change Order. CHANGF.ORDER NLMbER 3 THE DENTON MUNICIPAL BUILDING ~LDC~BbUIYLIOT.X$'LtIDi Dento:%, Texas Owhet: The City of Denton General Contractor! Cain & Cain, I:r_. Architect: O'Neil Ford & Associates Contract Date: July 5, 1967 Date Issu&3:__~"~ TO: Cain & Cain. Inc. You are authorized to make the follo.ving changes in the Contract: To install mineral fissured acoustical coiling in room 1096 ..,..,~...,v 44.80 To install wood door,, wood frose with 21 X 21 view window and 12" X 12" grill in oast wall of room 1096 267.40 To install 20 X 2' vision panel in door 97/1 136,10 Provide glass pay window in room 1046 siq,tlar to ticket booth in Comminity 3ultdiny 199,40 To install glass .nd wood wall similar to that at room 1081 for rooms 1043, 10321 :10291 1022. 1021 to asib hell 1033 41074.16 The amount to tr.e Contract well be (increased) 1**,W by the sum 40V41,80 Contract total including this Change Order will be ......................li 5611208.80 The Contract period will be increase3 20 Days Cain & Cain, Inc. Acceptance: Date: April 111 19" BY:~~%~ ' O'Neil Ford & Associates Approval- Date: ~ _By: City o Denton's Acceptance: Date $Y~ P-A If change to E.0.C. Alternate 41) Offk % of Civil Defense Approval, Cain & Cain, Inc, to initiate work involved upon receipt of signed Change Order. .f, CHANGE ORDER NUMEER 4 THE D£NTON MUNICIPAL BUILDING & Denton, Texas Owner: The City of Denton General ContTacter: Cain & Cain. lw . Architect: O'Neil Ford & Associates Contract Date. July 5, 1967 Date Issued: TO: Cain & Cain, Inc. You are authorized to make the following changes in the Contract: To delato wood sticks on burlap and to paint walls in corridors 1033 and 1047 daduot tb* sun of $739.00 as par detailad balowi Gabor .......................$531.00 Wood Sticks i,49~4.00 Add for painting 386400 $ 759.00 -The amount to the Contract will be !decreased) by tha sum 7!9.00 of .......,.............................1...1.$ Contract total ircludirg this SS6~/67.00 Change Order will be 10 Days The Contract period will be increased......... Cain & Coin, Inc. Acceptance: Date. April 10 19" r By: cccs✓ O'Neil Ford & Associates Approval- City o Den on's Acceptance: Date $ By: If change to E.O.C. (Alternate 01) Office of Civil Defense Approval: Date: Cain, Inc, to initiate work involved upon receipt of signed Change Order. CKANGE ORDER NLMbER S ! THE DENTON MU141CIPAL BUILDING & EMERGENCY OPERATING CENTER Denton, Texas Owner; The City of Denton General Contractor: Cain &'Cain, Inc. Architect- O'Neil Ford & Associates Contract Date. July 5, 1967 Date Issued:----- _AM.j"ArAa-j..,9fi?---- _ TO: Cair, & Cair. inc. You are authorized to make the following changes in the Contract: CHAMOS rq) JAIL SQuIPmPyr arquzarmsVrS AS ROLLOM "CNAmor ir' TOOL RE'BISrrNO DOUBLE AL99ND BARS r0 718" OPSM RaARrll DOuaLJr RIBBED nARS• n The amount to the Contract will be (irjxoq Sk (decreased) by the sum of,.,...... 4.......... . 2, 7606 00 Contrar, total irclulirg this Change Order wil l be $ 86is 7264 00 The Contract period will be increased........... 111 Data Cam & Cain, Inc. Accep tance: Dote:,_(ZteEWg oR- 1967 _-BY;,____~ O'Neil Pod Associates A proval: Dote: ~ f I By- City of Denton's Acceptance: Date _BY If change to E.O.C. (Alternate #~1) Office of Civil Defense Approval: Date: Cdin & Cain, Inc, to fnitiate work involved upon receipt of signed Change Order. r-- CHANGE ORDER NUMBER 2 THE DENTON MUNICIPAL BUILDING & EMERGENCY OPERATING CENTER. Denton,. Texas Owner: The City of Denton General Contractor: Cain & Cain, Inc. Architect: O'Neil Ford & Asscciates Contract Date. July 5, 1967 Date Issued: AUCVsT 8, 1961 TO. Cain & Cain, Inc. You are authorized to make the following changes in the Contract: TO INSTALL DRILLED PISljS AT FRONT CANOPY As LIsrE.O UNDS)t ALTSRNAKS SuXBSR rzr, e DRrLL PIERS 475.00 OOXCRSrS 824000 STSrL 440.00 LAYoUr 100000 REINFORDINo Stun LAsoh 300000 PLACE CoxCREra . • 720 d $1' 206.00 1 `Zq OVERHEAD cf PROFIT • $1,916.00 The amount to the Contract will be (increased) (AWp ) by the Yuen oi.......... L91640 Contract total including this Change Order will be The Contract period will be increased Days Cain & Cav1,.Inc. Acceptance: Date: Avayar 1 194? By O'Neil Ford &Associates A proval: Date: By: - City of Denton's Acceptance: Date Py: If change'to E.O.C. (Alternato #1 Office of Civil Defense Approval: Date: BY Cain & CAin, Inc, to initiate work involved upon receipt of signed Change Wer. MTV CHANGE ORDER r NL M1: ER THE DEN'TON MUNICIPAL BUILDING & EMERGENCY OPERATING CENTEP Denton, Texas Owner: The Ci.y of Denton General Contractor: Cain & Cain, Inc. Archite._ t: O'Neil Ford & Associates Contract Date: July 5, 1967 Date Issued: - 'i0: Cain 4 Cai:t, Inc. You are authorized to make the following changes in the Contract: The amount to the Contrac t will b c. (increased) (decreased) by the sum r of...'.... Contract total including this Change.Order will be The Cont=act period will be increased Days " an & Cain,,lnc.. Acceptance: Sato: By O'Neil Ford, & Associates .Approval: e ihr6' '4 : 0- 6~jj f Da:tton'a Acceptance: >SLte r ~BY% 1f change, {Alternate. 01) O, fEECe of Civil De> enae Approval: y Date. • t n tno, to init g ed CMnge Order. ~n ! G` a~ eta work involved upon receipt of si n tit v :jt, b(MANGE ORDER NGMUER = THE DENTON MUNICfPAL BUILDING & EMERGENCY OPERATING CENTEP Denton, Texas Owner: The City of Denton General Contractor: Cain & Cain, Inc. Architect: O'Neil Ford & Ass, fates Contract Date: July 5, 1967 Date issued'--.Ayayszji, 1967- TO; Cain & Cain. Inc. You are authorized to make the following changes in the Contract: INSTILL OWE ('1) LAYER OF 5/8" GYPSUM tOARD ZN LZaU OF 818" TAPSAND t.DGZ SHESrROCX MOUWTSD TO 418 GYPSUM aAOXXNO BOARD. The amount to the Contract will be (iXXXgpjj) (decreased) by the sum R f $2, 390* 00 Contract total ir:cluding this 862 e'60~ DO Change Order will be .......................................1 ,9The Contract period will be increased frog: Gays Cain & C.An,.Inc. Acceptance: Dato:„ I rratmy A, _ 1087 BY: ! l vsr O'Neil FFoord& Associates Approval: . Date: - ~9 By' IddA City of Denton's Acceptance: Date_ if change to EEC. (Alternate ill) Office of Civil Defense Approval: Ddte: By Cain & Cain] Inc, to initiate work involved upon I eceipt of signed Change Order. i W ' E CERTIFICATE OF R ii J1g1 INSURANCE 130 Taylor stroll port Worth, Texas 76102 To: The City of Denton Insured: Cain and Cain, Inc. Denton, Texas P. a. Box 685 Fort Worth, Texas n6 is to certify that policies of insurance as described below have been issued to the insured named abate and are in force at this time. If such policies are canceled or changed during the periods of coverage as stated herein, in such a manner as to affect this certificate, the Company shall endeavor to give written notice to the party designated for whom this certificate is issued. The insurance afforded is subject to ill of the terms of the pilicy applicable thereto. IF POLICY IS CANCELLED THE COMPANY WILL GIVE A TEN (10) DAY WRITTEN NOTICE. Typo of Inaronce Limit of Liability Policy No. period Woritmon's Compensation and Statutory Employer's Liability In 311 127443 7-17-67J68 the State of Texas Employers' Liability Bodily Injury liability- s 250,000. each person except Auto a 500,000.ea:', occurrence 430 991842 7-17-67/68 Property Damage Liobility- $ 500, 000, each occurrence except Auto $ 500, 000. aggregate Bodily Injury Liability- $ 250,000. each person Automobile $ 500, 000. each accident 430 991842 7-17-67/68 Property Damage LiabfGty- 3 500, 000. each accident Automobile Contractual Liability 430 991842 7-17-67/68 Completed Operations 430 991842 7-17-67/68 Remarks: COM~RCIAL STANDARD FIRE 6 MARINE COMPANY she Denton Municipal Building Nara of lnruror HAROLD NOWLIN COMPANY AW6erlsee a.p.,.nrotlra July 31, 1967 it Date J. Ra Taylor THE AMERICAN INSTITUTE OF ARCHITECTS ATA DOCUMEM A101 SEPT. 1961 ED. THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR n WHERE THE BASIS OF PAYMENT 19 A 0 STIPULATED SUM THIS FORM TO BE USED ONLY WITH THE LATEST EDITION OF AIA DOCUMENT A261, GENERAL CONDITIONS OF THE CONTRACT THIS AGREEMENT made this Sth day of July in the year Nineteen Hundred and Sixty-Seven BY AND BETWEEN The City of Denton, Denton, Texas hereinafter called the Owner, and Cain & Gain, inc., Fort Worth; Texas hereinafter called the Contractor, WITNFISSETH, that the Owner and the Contractor for the considerations hereinafter named agree as follows: ARTICLE 14 SCOPE OF THE WORK The Contractor shall furnish all of the materials and perform all of the work shown on the Drawings and described in the Specifications entitled: IHna Inart tbo caption atoceptivo of tea work u U"d n ether Nbtrut doeumanta.) The Denton Municipal Building for The City of Denton, Denton, Texas prepared by: O'Nail Ford & Associates, Amidtscts tcdag to and in these Contract Documents entitled the Architect; and shall do everything required by this A,Gtreement, the General Conditions of the Contract, the Specifications and the Drawings. WNER.CON7RACr0a. t O O11a,s IaLD YOUR ►AGEe IA DOO. At01 [7s~16~e ~al~vi 61*~H+NW1*e A a,llrela PAO9 t i ARTICLE t. 71ME OF COMPLETION The work to be perfo.-med under this Contract shall be commenced and completed as follows; (Here Inaert Stipulation u to IlnuldS-Ad daMaget. It any.) Bidder hereby agrees to commence work under tide Contract on or before a date to be specified in written "NOTICE TO PROCEED" of the Owner and to fully complete the Project within a time mutually agreed upon in writing between Owner and Contractor. ARTICLE J. THE CONTRACT SUM The Owner shall pay the Contractor for the performance of the Contract, st bject to additions and deduc- tions provided therein, in current funds as follows: (state Left the lump .um amuua6 unit prka, .r Uta, u dalred.t BASE BIDt 0556, 900.00 Alternate 01 - E.O.C. 94.500.00 Sub-total s6si, 400.00 Alternate 02 (deduct for redlle:nt tile) - 700.00 Sub-total $650s700.00 Alternate 43 - Clay Tile floors 19300.00 Alternate 14 - Wood Sticks 2.950.00 TOTAL CONTRACT SUM Nix Hundred rifty Four Thousand. Nine Hundred r Dollars and No/100) LABOR 267, 5004OO) NArRRIALB 587, 660. ~JO r1iilT PRICES t treater Denthl per linear foot of exc.tvatic+n, steel and concrete in place 0 e. no Lesser Dentht per linear foot of excavation, steel and concrete in place # i.as Cash*$ Unit price par pier 11..72-A~ (A Raecenuo of , 1g ~6 shall be used to cover indirect cost and profit in ; dater- eninntlon of cat i'or changes in the work as descrfbed bs bupplementsty twaird C"tlonie) Where `the quantities originally contemplated are to changed that application of the agreed unit irks to the quantity of wotk 'ptrfomtd Is shown to create a hardship to the Owner or the Contractor, there As,ll be in equitable adjustment of the Contract to prevent ouch hardship. (+AIA Article 13) 61*x:a•C40NT*kCY0a AORaattatlr rouePAata AIA DOa Alit asrr. INS ED. PACE r , r j' ARTICLE 4. PROGRESS PAYMENTS The Owner shall make payments on account of the Contract as provided therein, as follows: On or about the First day of each month Ninety (90%) per cent of Of value, baud on the Contract prices of labor and materials Incorporated in the work and Ninety (90%) per cent of materials sultably stored at the site thereof or at some other location agreed upon in writing by the parties up to the First day of that month, as estimated by the Architect, less the aggregate of previous payments; and upon Substantial Completion of the entire work, a sum sufficient to increase the total payments to 100 per cent of the Contract price. (Insert here ant prorl.ton made for timklne or reducing !fie amount retained after the - it retehm a arts[" atarte or eompt@000.) Each payment shall have 10% withhold until 75% of the 'ontract is complete. Thereafter, 5% of paymet I a shall be withheld. ARTICLE r, ACCEPTANCE AND FINAL PAYMENT Final payment shall be due is days after Substantial Completion of the work provided the work be then fully completed and the contract fully performed. Upon receipt of written notice that the work is ready for final inspection and acceptance, the Architect shall promptly make such inspection, and when he finds the work acceptable under the Contra ft and the Contract fully performed he shall promptly issue a final certificate, over his own signature, statirg that the work provided for in this Contract has been completed and is accepted by hire under the terms and con- ditions thereof, and that the entire balance found to be due the Contractor, and noted In said fin5l certificate, is du,e and payable. Before issuance of final payment the Contractor shall submit evidence satisfactory to the Architect that all payrolls, material bills, and other Indebtedness coltnected with the work have befit paid or otherwise satisfled. If after the work has been Substantially Completed, full completion thereof Is materially delayed through no fault of the Contractor, and the Architect so certifies, the Owner shall, upon certificate of the Architect, And withovt itrtninating the Contract, make payment of the balance due tot that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that It shall not constitute a waiver of claims. OWNrA-CONTAACTOa AOattYtNT "us_?#aia AIA DOC. A101 SEPT. 1114111 tD. PAOe 1 ARTICLE 6. 1HE CONNMICT DOCUMENTS The General Conditions of the Contract, the Supplementary General Conditions, the Specifications and the Drawings, together with this Agreement, !orm the Contract, and they are as fully a part of the Contract as if hereto attached or herein repeated. There follows an enumeration of the Contract Documents: a. DRAWINGS: ARCHITECTURAL Sheete 1 that 10, B-1, B-2 STRUCTURAL Sheets S-1 thm S-10; SB-1 thm SB-2 MECHANICAL AND PLUMBING Sheets MP-1, M-1 & M-2, P-1 & P-2, B-P- I ELZCTRICAL Sheets E-1 th:u E-4, BE-1 b. SPECIFICATIONS: BIDDING REQUIREMENTS GENERAL CONDPTIONS Division 1 GENERAL CONSTRUCTION SPECIFICATIONi Divisions 2 thru 31 MEC&46NICAL SPECIFICATIONS Divisions 1 thra 52 ELECTRICAL SPECIFICATIONS Divisions 1 thru 41 PLUMBING SPECIFICATIONS Divisions 1 thus 44 c. ADDENDUM: Addendum 01 Addendum #2 1 IN WITNESS WHEREOF the parties hcreto have exxuted this Agreement, the day and year first above written. 0,4 rx jr c. Owner/v Contractor OA'rrt1.CONMCT01 Ae1tICENI&Nr rout Pic= AIA Doe. AM auT. INS RD. FAGS 4 SEABOARD SURETY COMPANY HOME OFFICE: NEW YOPAK, N. Y. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, Ttat we CAIN S CAItt, INC. as Principal , and the SEABOARDPb6LbMY, a New York corporation, havins its principal office and place of business at City of New York, New York, as Surety, are held and firmly bound unto Ta CM Of DNI~4 DONMO T1XAS i as Obligee, In the sum of SIX N1NiDUD F9FTY PM THOVAND NIN9 HumDUO FIFTY DOLLARS AND 11101110 .0............ 4....Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, adminis- trators, successors and assigns, Jointly and severally, firmly by these presents. Sealed with our seals and elated this 6th day of JULY '19 67 WHEREAS, the above bounden CAIN D CAIN, INC. ha s entered into a contract with Obligee for CONST'MN.TION OF TWO DWTOM NMIICIPAL WILOaM FOR TA CITY Of UNI+ON$ 011111 M, TfXAt. , as to fully and at large set forth and described in the said contract aforesaid. NOW, THEREFORE, the condition of the above obligation is .-nch, that If the above bounden Principal #hall well and truly and in q4~sd, sufficient and workmanlike manner, perform or cause to be performed the saki contract, and cacti ar.d every of the covenants, promises, agreements and provisions theroln stipulated, and id each ind every respect comply with the conditiora the* in contained, then this Wilgatim to be void; otherwise to remain Id full force and virtue. No claim, suit or actiun ly reason of any default shall be brought aga:+W the Principal or Surety after two years from data hereof, It this limitation Is made void by any law controlling the construction hereof, such limitation shall be d:emed to be amended to equal the minimum period of limitation permitted bt such law. The Principal shall be made a party to any suit or so- Lion, and be served with prods commencing the same If the Principal can with reasonable dig- m6a W found. No Judgment shall be rendered against the Surety In excess of the penalty of this inrtrnmsnk M EA2M SEABOARD SURETY C PANY ~,w st~.:d~~ 8y 'Certified Copy SEABOARD SURETY COAIP,%NY No. HOME 07rioar WXW y0 tX, W8W YORat POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a cor. poration of the State of lfew York, has ¢¢e_conSt;tuted and appointed and by these presents does make, constitute and appoint >lstoN 8a Bun0t+.ur of Da ws 'F1ldtps/ - its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of similar nature as follows: flfith9stt 11"tAtimas Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby givrn, are hereby ratified and confirmed, This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on `)ecember 8th, 1927, and are still In full force and effect: ARTICLE IX, SECTION It "Policies, bonds, eeeognlstnaes, stipulations, contents of surety, underwriting undertakings and Instruraws relating thereto. Insurance policies, Linda, recogni:anees, stipulations, consents of surety and underwriting undertakings of the Celm- pang, and releases, agreements and other writings relating in any way thereto or to any clam or loss thereunder, shall be sigoed in the name and on behalf of the Company Rside by Sthe eer President, Resident a Vice Assident r a ~r id or! Vice President and by the Secretary, an Assistant Secretary, a e (b) by an Auortar.in-Fact for the Company appointed and authorized by the President or a Vice President to make such signature; or (e) by such ottett ofllee•,o cr representatives as the Board may from time to time determine. The seal of the Company shall it appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative." IN WITNESS WHEREOF. SEABOARD SURETY COMPANY has caused these presents to be signed by its Vice-I gfdent, and its corporate seal p be hereunto affixed and duly attested by its Assistart Sec- retary, this.-.____..._....._...day 190_, Attest: SEABOARD SURETY COMPANY, By (Seal) Assistant Secretary Vice-president STATE: OF NEW YORK as,! COUNTY OF NEW YORK } On this. d of_ _ 1912 , before me personally appear.d of SEABOARD SURItTY COMPANY, with ww o~tt am personally acquainted, who, being by we duly sworn, said that he resides E In; the State that he is Vice-Presldent of SEABOARD SURETY COMPANY, the eotpontlon described in and which executed the foregoing insttumentI that he krows the corporate sial dt the said Company; that the seal affixed to said instroment is such corporate stall that it wa's so 961sted by order of th! Board of Direltms of said Compinayl and that he signed his name thereto as Viet-President of said Company by like authority. 81*#A -M, Notary Public 9TATE OF NEW YORK 66.t 116s, 0$-b6i3~10■0 Q to now =0 a* ~ t---t qr COtj N ii'Y OF NEW .YORK Ot►xt♦fttieal~ ill" to now imb Con4"I M iftir" wo% sot See ar smMAhb WAETY COMPANY, des hereby certify that the afiove and foregoing is a true add correct envy of a'power at attorney eittuted ht said SEABOARD) SURETY COMPANY, which is still le lull y torte and effect. ' W11`►rrsi! WK DtEblr, 1 have sitned^this certificate at New ork, N w Yotie, this._-..._Stb4..~. _,....w.~.,.,.~.,w., 10 a , g Assistaflt Secretary 9'( k•" £ I ilk'! False bf 4' N , v 6E { `,COIN 'q~~. { WNW" r Bond No.._6BBSBL... SEABOARD SURETY COMPANY NEW YORK, N. Y. LABOR AND MATERIAL PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF IIAE OWNER CONDITIONED FOR THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRMT. KNOW ALL MEN BY THESE PRESENTS: That GIN A GAIN, Mat PORT.NORTH, TLW (H0e insert the name and addreu, or 6gal firs, of the eontrectorl as Principal, hereinafter called Principal, and SEABOARD SURETY COMPANY, of New York, New York, es Sur.►p hereinafter called Surety, are held and firmly bound unto THi CITY OF 1011", rrr (Name aed {dams, of I"A 1nu of o..ertof Ovnay {?,rtl I as Obligee, hereinafter called Owner, for the use and benefit of deimants as hersinbelow, defined, in the amount of I SIX 1fufORan_ I~'1"Y roux O N1iN8 HIMD1t8D ti pLl iQ4nO,,nen (96d4,Q;~a.04 __~I, for tho' payment whereof Principal and Surety bind themselves, their helm, executors, adminlstreton, succosson and eulyns, lolntly and severally, firmly by those presents, WHEREM. Principal has by written clreemsnt 19-62 , ent** Into a c0frebt with owner for 4`~''~ c _Q!_'1~. 'QM I IPA1t_IIU.Ii.DIt10_lQl~ C In aadordered wi+h drawings and specifications Prepared by ldIL >!{~A 1 A~OCtA1'tl/..,A 4tr'l'ICTds_I;Aft_~Ni~lI6,..'f1X11R..~ w w 11100 kam b11 "Fob ,ed *10 sod Y 4fet"l *Ihteh centreet is by referena rued{ a part hereof, and Is hereafter referred to as the CONTRACT, pee O+Of NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall promptly, make payment to a;i claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the CONTRACT, then this obligation shall be void; otherwiso it shell remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and miaterial being construed to include that part of water, gas, power, light, heat, oil, gasolins, felephone service or rental of equipment directly applicable to The CONTRACT. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety ( dayys after the date on which the last of such claimant's work or labor was done or performed, or r,aterials were urnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and hays execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal, shell have given written notice to any two of the following: The Principal, the Owner, or the Surely above named, within ninety (90) deyt after such claimant did or performed the lest of the work or labor, or furnished the last of the materials for which said claim is made, stating with sabstanthil accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in en envelope addressed to the Princi,na Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in en/ manner in which legal process may be served In the state in which the aforesaid project is loafed, save that such service need not be made by a public officer. (b) After the expiration of one ~I) year following the date on which Principal ceased work on said Contract, it beiing understood, however, shat i any limifat'on embodied in this 6-.,id is prohibited by any law controlling the construction hereof such limitation shell be deemed to be emended to as to be equal to the minimum period of limitation permitted by such law. (c) Other than In a state court of competent jurisdiction in and for the county or other political subdivision of the :fate in which the project, or any pert thereof, is situated, or in the United States District Court for the district in which the project, or any pert thereof, Is situated, and not elsewhere, 4. The t,mount of this bond shat) be reduced by and to the extent of anyy payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens whirls may be filed of record against said improvement, whether or not claim for the amount of such liens be presented under and against this bond. Signed and sealed this_ _ ___..._-5Ah...._.._.._......,, day of__ _ dts~Y__ _ _ A D. 19..41._ iN THE PRESENCE Ofs CAItf ~ CAIi'f ♦ ~ACs+s. - as _......._....._(Ssal) SEABOARD SURETY COMPANY....r...(Seeh (surety) << ^ " B 8. NslRlltbl,Ird•) Atfoneydn Feel i M411v Ne Rev. Ism- 11 -to rt~ •,y~, • ~ t~..: . CONTRACT STATE OF TEXAS II COUNTY OF DENTON } THIS CONTRACT entered into on the y day of 19b7, by and between the CITY OF DENTON, TEXAS, hereinafter referred to as 'City" and the firm of Marvin Springer and Associates, Urban Planning Consultants, with offices in Dallas, Texas, hereinafter referred to as "Consultants". WITNESSETH WHEREAS, the afore-mentioned City has requested the Consultants to propose a program of certain planning studies which would assist in guiding the future development and change of the City; and, WHEREAS, the Consultants have recommended an appropriate program of municipal planning in outline form; and, WHEREAS, the City of Denton has taken action to enter Into agreement with the Consultants; NOW, THEREFORE, in consideration of mutual covenants and agreements hereinafter K' set forth, the parties do hereby covenant and agree as follows: ARTICLE 1. CONSULTANT'S SERVICES r ' The Consultant agrees to undertake the planning program as outlined In Article 2, such work to be performed in accordance with the terms of this Contract and for the consideration herein stated, The Consultant will make various studies as provided for herein and will make recommenda tlons to the City based upon the results of such studies. In the preparation of the various plans . , sh under his direct supervision such personnel as is required to outlined, th6 Consultant wil I'furni condaci surveys, do research, and to prepare the required plans and data: In`developing the yarlous plans., the Consultant will work Orith the Mayor, pity Council, City Manager, Plann(ng and s t, In Commission, and such othlt{groups and ofi0hs ie the City may ho:h time ib tfine designate. v 4 ~ < < C ~ 10.' . e u ~ ,",}M Y »4 ai ! ~h ~ . _ l f a, a t2A ~s ~ ti_°7 Ft ~ }4 3 i:. 4 y j t ~ 4 aM J•~-0;y_ »x'` 'i } ARTICLE 2. SCOPE OF WORK The scope of the work to be performed by the Consultant is outlined as follows: 1. land Use Survex - A parcel by parcel survey of all forms of urban land use in Denton and Its environs will be made and a map of existing land use prepared. The base map for presenting the land use data and zoning districts will be prepared and expandeo from data available in the City Engineer's Ifflce and from data obtained in the land use survey. 2. Land Use Plan and Report - An analysis and projection of the land use data will be made as a guide for drawing future zoning district lines and as a basis for preparing a land use plan. The land use plan will took beyond the present or revised zoning district lines and propose a ftbr, ittern for Denton as a guide to future zoning and other phases of planning. 3. Revised zoning 5. A set of revised zoning standards based on agreed upon re- quirements for Denton will be prepared. Prior to the drafting of the standards, a series of meetings will be held to acquaint the Planning and Zoning Comiiisslon and other interested citizens with the various types of standards and to select those most appro- priite and desirable for Denton. The results of the meetings will provide a framework for the drafting of the preliminary zoning standards. 4. Revised Final Zonly Standards and Map After review and public hearing, the zoning G standards will i,e revised and printed In final form and a reproducible copy of the zoning district reap will be prepared. 5. Revised Parks and Open Space Plan - As part of the revision of the Comprehensive Plan, a study of the parks and open space requirements for Denton will be made and a section of the revised Comprehensive Plan hill be devoted to the park and open space needs. 6 Future School Sites A study of the present physlol school Facilities will be made rr and a plan for primary and secondary school sites to meet future needs ivllI be prepared, H he schoo(`itb p' je6tions will be coordinared w th"the park and open space requirements d;" and presard asp'art of the revised Comprefiensive,plan. ~t v y 1 7. Revised Thoroughfare Plan - A plan for a thoroughfare system for Denton which recog- nizes the needs of the major educational institutions, central area, neighborhoods, commercial and industrial developments, and which ties to the regional highway system and is coordinated with the plans of the Texas Highway Department will be prepared. The Thoroughfare Plan will be designed to provide a circulation framework for a growing Denton. ARTICLE 3. GENERAL 1. All maps, data and reports developed by the Consultant as part of the planning program, except file and record copies, shall become the property of the City upon completion of this Contract or any phase thereof. 29 Each item of the planning program, will be prepared in the form of interim reports and submitted to the City in accordance with the schedule listed herein or In such combina- tion or order as may be mutually agreed to by the parties. 3, The City will make available all existing maps, records and data which may pertain to the physical development of the City or be Important to the planning program. 4. It Is Intended that the work outlined herein be accomplished and submitted to the City within twelve (12) months of the City's authorizing the Consultant to proceed and executilj a contract for such work, 5. The Consultant sl;ali,aot assign any interest in this Contract without prior written consent of the Clty. ARTICLE 4, COMPENSATION TO CONSULTANT For the services to be performed by 6.he Consultant, di~ City agrees to pay the Consultant the sum df fifteen Thousand Nine Hundref °boilars ($15,900A) such payment to be ht'accordance wltf the following sch'i►dule and upon'd coihpletlon and dellvery'of each Item Ilstedr t «f.; ~r bRe'd+~'. 1. Land Use Survey $ 21600.00 2. Land Use Plan and Report 11950.00 3, Revised Zoning Standards 21550,00 4, Final Draft of Zonikq Standards and Map 21400.00 5. Parks and Open Space Report 11700.00 5. School and Park Sites Report 11500,00 74 Revised Thoroughfare Plan 31200,00 The payments for each iteim shall be wede within thirty (30) days after submission of the report on each phase of the work listed. Items 2, 5, 6 and 7 shall be published in combined form as the revised Comprehensive Plan of D, nton. The fee paid the Consultant shall Includ.? cost of salaries, insurance, travel expenses, taxes, the reproduction of up to eighty (80) copies of all reports listed. Additional reports will be furnished at actual printing cost, The City shall also be furnished one original or reproducible copy of all bass maps, the colored land use maps, zoning district map and any other large scale maps prepared as part of this Contract, ARTICLE 5. TERMINATION OF CONTRACT It Is contemplated by the parties that the services to be performed under this Contract shall require 12 months, Payments for cervices shall be as provided In Article 4 herein, it is a!)reed that the City may cancel or terminate this Contract upon thirty (30) days written notice wll the provision and ur.o lrstanding that immediately upon receipt of notice of t,irminatton, all work aN labor shali cease pending final cancellation. In event this Contract Is terminated as set forth or by an-agreement of the, parties prior to completion of the work provided for herein, the City agrees to pay Chi Consultant on a prorated basis for work ectual ly performed ahd accom- r: pushed In accordance with the terms of this agreement', In determining the prorated comoonsatlnn R to be OA Id, the' Consultant shalt be pald an ambUht which bears'tho same ratio to the total coM- ~ { pensatlon as the work accomplished bears to the"tofal services to 6e performed by the Consultalk under this Contract; iess payment' of any oompensatlon previously made. i, 4r j.~ li~*.fi~. 1'7a:. y. lh "~I fya~ .A t y •.py., w_, • - • • % 1 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written, ATTEST CITY OF DENTON, TEXAS yoteecreary r, City o Denton, Texas APPROVED AS TO FORM: 9 z~, t orne~ y a a 4ty o n .jn, exas MARVIN S?RINGER & ASSOCIATES arv n pringer f Y , s s; v !!l111 v. 1 ~ . ` r. pp dd Y .t" t i 111' k ~ i 1 ~31 ~ i t p n ,y4',,7+ rt :ry Ir 'r ~ va =~,it r ilia r °y. } Z~ r ar JIti t f tiM r. ; ;t I r "4 A r i ! .N d ~ r •u; Y4i'?i '+'41 t; .^~';rpC~Y 19, 'k KY r-w rrh yl) ~ .f. t 'rr r e '~~p r rr ~,4! r,;. ~ r r• ~ J~ r .,*F r 1 y' R 1 r' , • L of 0 44 7}' 1 r r e z, 1 f i l, Y" ~ 4 1 r v e 1` 1 ' 1 R I' r ~^y ti f'f ~ ~,Lj♦J x s r1 "~f' 1, ~ r y 5 r t {r:M• r. 1 A 1 J • ° ~~s - r 4 al r ! t ,,r p.1,. ! rR ar I~ a e r ° -~S r~1 t • ~ ~ , r :.gyp r aM1 i I r' r 3 yr 1 a x.~ rr r r l r t R? y Kr' : '~'rl (,a t{ t c' t S r'y F, r y.. 4 x A, 4 SRI r r " r • < rte .r , ~ r r 1 •r c r r ~ iity, A Pi i r t 1 1 r I ! 'Y!~ rt +r^ e ' yli~,~ rr t't.r E "..v 1 s , l ' _.f LTe Vr Vil}r rtj v R yt ~ v ~ x ! ' yak • t '"r, 'r ~f ~ ~ ~ 4 ! ~ I ~ c ~ ~ r/~~ f Y "z Z V < y~ ~ ~ I r 1 P y ! Px i > 1 " Y rJl y'r.'. 'L'}~efi~j' ! ~ Y r z ~ i h •r r I f a • ~j1'4, 3Y. 1 (.r r r ~ dit r j fl .Yy ' irl 1 r+ i 1 '.l' ` r r 1 1` y r~~r I~ trl ~i f ~ t 1 F ~ ~.y~ °r r u s"` 1 1^ r rt.y L: I t >'y f ~ e,.., 1 . 'h~ r t , a j JI t•. t 1' Y r 1{ b . - r~ 1 R: Iqf ~ ~ J ! 1 ~ ( i it eS51 ~a 4';. >7"y0d r i t t r ~ 1 i 1 / 1 H: r r 11 1:r r 1 ~t r l y 5 v e, r ` rr M~ .'1 ~•r..;y.'ir4 M„ty r ".y u,9 ;,i 7 ` ~ ~R~f Y~ F ' 1, 1+, Jt :4 try"~t~~~ +~1; ~1 .t~.~r r, y', t~ ~ ✓e N l a -M i,' 1f~~~ `~P y•y^. +!y ~4 rt a ry«.. T NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 19611 AS SAME WAS ADOPTED AS A PART OF PARTS II AND ill OF CHAPTER 1.3 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-19# AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS LOT 10 OF BLOCK 14 OF OWSLEY PARK ADDITION SHOWN ON THE OFFICIAL PLAT FILED IN THE DENTON COUNTY CLERKS OFFICE, AND MORE PARTICULARLY DESCRIBED HEREINr AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXASs HEREBY ORDAINS? SECTION I. That the Zoning Map of the City of Denton, Texas, 19610 adopted as a Part of Parts II and III of Chapter 13, of the Code of Ordinances of the City of Denton, Texas, under pro- visions of Ordinance No. 61-191 and the same is hereby amend- ed as follows3 All the hereinafter described property in hereby removed from the "R" - Dwelling District as shown on said map, and all provis'.ons of Parts II"and III of Chapter 13 of the Code of Ordinances of the City of Denton, Texas, as provided by Ordinance No. 61-19, shall herdafter apply to sa:ld property as "A-2" - Dwel':ng District in the same manner as other property located in the 91A4" - Dwellinj District? All that certain lot, tract or parcel of land situated in the City and County of Denton, Texas, known as Lot 10 of Bloak 14 of the Owsley Park Addition, and known as 2402 West Prairie in the City of Denton, Texas. SECTION II. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comp- rehensive plan for the purpose of promoting the general wel- fare of the City of Denton, Texas, and with reasonable con- sidaration, among m:her things, for tho character of the dittridt and for its peculiar suitability or particular uses, and with s view to conserving the value of the buildings, protcating human' lives, and er -oaraging 0.4 most appropriate xitatut benefit to the City of Denton uses o! land for the Gw and its ditie•ne. ' Pago One t `4-Vn d5 K Y ~t a ''y T. SECTION 111, Provided that this zoning change shall be conditioned upon the installation of all required parking facilities within the above described area, and the validity of t$ds entire ordinance is based upon the fulfillment of said condition. SECTION IV. That this ordinance shall be in full force and effect immediately after its passlge and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this 11th day of July, A. D. 1967. Oke Martin, Mayor ity of Denton, Texas ATTESTi l brooks Holt, City Secretary City.of Denton, Texas APPROVED AS TO LEGAL FORMt -k 'kj. Barton, City Attorney L4ity of Denton, Texas ax, r: r }a c n r { • ~ 1 ~y 1 ! ~ to v. ° tli+ 1t1. ~5 k I ,'Z r~ t A.. r r h f 1 .i "v'' S ✓ I"Z ;f ~r ` ~ *r w t o t z F r. ' F F ° t . , a r t' .,iyxk..•: 3 9 THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS., COUNTY OF DENTON That Claude Hollins 6343 of the County of Denton and State of Texas , for and in consideration of the sum of TEN AND N01100 DOLLARS - - - - - - - - - - - - - - - - - - - - and other good and valuable consideration 5aXXW to him In hand paid by the City of Denton, Texas of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said City of Denton, Texas,,its successors AKIN and assigns, all his rl• t title and interest In and to that certain tract or par- cel of land lying In the County of Dentc,n and State of Texas, described as follows, to-wit: all that certain lot, tract or parcel of land lying in the S. C. Hiram Survey, Abstract No. 616 and being a part of a tract of land conveyed to Claude Hollins by deed dated July 24, 1957, and recorded in Volume 431, Page 98-99 of the Deed Zecords of Denton County, Texas; BEGINNING at the southwest corner of said Hollins tract, said point of beginning being the point of intersection of the east right-of-way line of Lakey Street and the north right-of-way line of Morse Street; THENCE north, with the west boundary line of said Hollins tract, saute being the east right of way of Lakey Street, 60.0 feet to a point fof a corner at the northwest corner of said Hollins tract; THENCE east, with the north boundary line of said Hollins tract; 5.0 feet to a point for a corner; THENCE south, 5.0 feet east of and parallel with the west boundary line of said Hollins tract, 60.0 feet to a point for a corner in the South boundary line of said Hollins tract, same being the north right-of- way line of Morse Street; THENCE west, with the euuth boundary line of said Hollins tract, 5.0 feet to the place of beginning and containing 0.0069 acres of land, more or less. s TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said City of Denton, Texas, its succoscora ?Mrs and assigns, forever, so that neither the said Claude Hollins nor his, heirs, nor any person or persons claiming under him shall, at any time hereafter, h9rp;'clafm or demand any right, or title to the aforesaid premises or appurtenances, or any part there- WIMPM , his hand it Denton, Texas this r 'day of A. D.10 67' Witnesses at ttequest of Grant",, ~ t= 6laudo Hollins I wool SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority, COUNTY DENTON I OF..._...._... In and for said County, Texas, on this day personally ap eared._._._............_......_ slide Collins . kno 'N jd me t belt jy ,eon . whose name i9. subscribed to the foregoing instrument, and acknowledged to me that t . 'FF++ O~~ .t elted t6 1. a for the purposes and consideration therein expressed. GIYEk .thift ;;1gXAND AND SEAL OF OFFICE, This y of_....... AD 19 67 . Notary Public, . Ae.T1.toil ~ .............County, Texas ON ~ ~ My Commission Expires June 1, 19.....67. t-; JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF.,.- In and for said County, Texas, on this day personally appeared. . . 'and _ _ . hfe w ife, both known to me to be the persona whose names are subscribed to the foregoing instrument, and ce'cnuwledged to me that they each executed the same for the purposes and consideration therein expressed, and the said . wife of the sold having been examined by me privily and apart from he: husband, and having the same fully explained to her, she, the said . acknowledged such instrument to be her act and deed and she declared that she had willingly slLrned the same for the purposes and consideration therein expressed, and that she did not wish to retract it , GIVEN UNDER MY HAND AND SEAL OF OFFICE, This. , day of . A.D. 19 M.S.) Notary Public, ..................County, Texas My Commission Expires June 1, 19....... _ WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE BIE, the undersigned authoritl, COUNTY OF in and for said County, Texas, on this day personally appeared . , . known to me to be the person whose name to subscrl w,e of .g . . • bed to the fore oIng instrument, and having been examined by ma privily and apart from her husband, and having the same fully explained to her, she, the said _ acknowledged such Instrument to be her act and deed, and she declared that she had willingly signed the some for the purposes and conslJeration therein expressed, and that she did not wish to retract it. _ ....:.......u...... , A.L. 19 GIVEN UNDER MY HAND AND SEAL OF OFFICE,This day of........... Notary Public, County, Texas V ,ommission Expires June 1, Y9.„......... . CLERK'S CI `tiIFI TE THE STATE TEXAS C! I, County - COUNTY a~ Clerk "of the' County ~c t of said County, do hereby certify that ~ 'With it cele Anthenti 'e foregolng Instrument eattSon,d wned filed on the 5 i for s day of --L t' recrrc~ to my oPoce on theme j da of , A. D. 19!i7/, n _ ~'eiock ~f,~...,1t., and duly J l 01 recorded this. oi~...... A. D. 10 (O,l at .'~~b clock . K At., in the A4i ....Records of said County, in Volume. Son pages ....~..,~i.`l WITNESS MY NAND AND SEAL OF THE COUNTY COURT of said County, at office 1~.._ the day and as abo a writte(~.-~-/~ p,. .J.... s, County Cleric,QAA - -3......County, Texas. A' (t. S.) By.. , Deputy. ~K vow- THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT CLIFFORD MULKEY JUgr of DENTON COUNTY, TEXAS , in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration In hand paid by THE CITY OF DENTON receipt of which Is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to THE CITY OF DENTON , the free and uninterrupted use, liberty and privilege of the passage In, along, upon and across the following described property, owned by ME , Situated in DENTON County, Texas, in the Survey, Abstract No. 185 Beginning at a point in the south property line of Lot 18, Block College View Addition, part of the B.B.B. & C.R.R. Survey, Abstract 185, Denton County, Texas, as conveyed to Clifford Mulkey and recorded in Volume 499, Page 31, of the Deed Records of Denton County, Texass said point being 33 feot, more or less, west of the most southerly south- east corner of said lot, said southeast corner also being the southwest corner of Lot 4, Block 7, College View Additions Thence north 50-10' east a distance of 118 feet, more or less, to a point for a corner. Thence north 60-10' east a distance of 223 feet, more or less, to a point for a corner in the east property line of said lot, said line also being the west property line of Lot 10, Block 7, College View Additions Thence south along said property line a distance of 84.3 feet, more or less, to a point for a corners Thence south 60-49' west a distance of 139 feet, more or less, to a point for a corners Thence south 50-10' west a distance of 117.6 feet, more or less, to a point for a corner in the south property line of said lots Thence west alone, the south property line of said lot a distance 10.04 feet, more or loss, to the point of beginning. The above description being for a utility easement with a width of 50 feet during the construction and reverting to a permanent n; easement 10 feet in width after construction is completed. And It Is further agreed that the said city of Denton r in consideration of the benetita above met out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said troperty, 4 For the purpose of constructing, repairing, and perpetually maintaining a public sewer line In, along, upon and r across Bald premises, with the right and privilege at all times of the gzsnteo herein, his or its agents, employees, workmen and representatives having ingress, egress, and regruss in, along upon and across ,T sad premises for the purpose of making additions to, improvements on and repairs to the said '~Gwdr line; manholes,or r any pert thereof. t° 'J'O kAVj-k;D TO HOLD unto the maid CITY OF DENTON as aforesaid for the yur'vxes afore" tho premises above dose". liMeaa MY had , shim the day of , A, D.19 aC "fo 9- ti SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE Id E, the under•taned authority, DENTON COUNTY OF._.._.___.._.-._.._.__._-..._. in and for saii,County. Texas, on this day personally appeared-..-_. +~51':~}=j f Clifford Mulkt'y, i5.... subscribed to the foregoing instrument, and acknowledged to we 1kfjodn t\ome to be the l,erson.,.._ chose name _-etocut,d~the satse for the purposes and consideration therein expressed. Gl~LrPf IVP li MY HAND AND SEAL OF OFFICE, i .--12th day o _ Ju-Y_ , A.D. 19 67 Notary Pub c, Denton__._.County, Texas My Commission Expires June 1, 19.69 JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF.------- _-_-_-_1 In and for said County, Texas, on this day personally appeared _ . _ _ - and - - - - _ . o me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged his wife, both known to"me" to me that they each executed the manic for the purposes and consideration therein expressed, and the said a of the said been examined by me privily and apart from her husband, and havhq the same fully explained to her, she, the said acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract It. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.......... dap A.D. 19.- (L.S.) Notary Public, County, Texas My Commission Exrtres June 1, 19.__ . WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFO'3E ME, the undersigned authority, COUNTY OF.::.... In and for said County, Texas, on this day personally appeared g been exardned by me privity kno............... te to be the person whose name Is subscribed to the foregoing instrument, and having and apart from her huabaad, and having the manic fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared thnt she had willingly signed the same for the purposes and consideration therein expressed, and that ebe did not wish to retract. It., GIVEN UNDER MY HAND AND SEAL OF OFFICE,This....... day of...... , A.D 19 . "L.S.) Notary Public . ,.................................County, Texts My Commission Expires June 1, ]9_ CLERK'S CERTIFICATE " THE STATE OF TEXAS, ~ I, .....w~'7[tt..G~. county COUNTY OF............ .l.ti'~/keu Clerk of the County Court of saki County, do hereby certify that the foregoing instrument of writing dated on the e~. ,.~,?Z__.dsy of _ , b 18~ with Its Certificate of Authentlet Non, was filed for rw~ A D. 19(1.2..., atlt%o'clock, /5 M., and duty record in my office on the.....1.3.._..day oZ otded this ,~00 day o A. D. 106.1 MAO 1o'clock lr,..... M., in the .~1L A 444e .......Records of said County, In Volnme..~S'...:~,~y+ pages....+2~.?.R_.. WITNESS MY RAND AND SEAL OF THE COUNTY COURT of said County, at olSce In..... •4.0oku . r.1..I........ _ _ the day and year fast abbve written.' County Clerk ..........`I....,~ Texas. (L R.) By..................... Deputy. SS., i 4\ ~ M Mi !tiw t , small THE STATE T OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF 5329 THAT Horace Brock of Denton County, Texas , in consideration of the sum of Ten and na/100 ($10.00) Dollars and other good and va'uable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, an aerial easement owned by him Situated in Der `on County, Texas, in the A.N.B. Tompkins Survey, Abstract No. 1246 All that certain lot, tract, or parcel of land lying in the A.N.B. Tompkins Survey, Abstract No. 1246, in the City of Denton, County of Denton, State of Texas, and being a part of a certain lot 13 of Highland Ridge Addition to the City of Denton as replatted and approved by the City Council of Denton, on Jelly 6, 1966, as recorded in Volume 4, Page 15, of the Plat Records of Denton County, Texas, and being more particularly described as followss Beginning at the Northeast corner of said replatted lot 13 of said Highland Ridge AdditionLto the City of Denton; Thence south 00 43' 30" wev. with the replatted &set boundary line of lot 13 of said Highland Ridge Addition, 115.0 feet, to a point for a corner at the replatted southeast corner of said lot 13, said point also lying in the north right-of-way line of Westridge Street; Thence westerly, with the south boundary line of lot 13 to a point in the south boundary line of lot 131 said point being 5.0 feet from and perpendicular to the east boundary line of lot 13; Thence north 00 43' 20" east parallel with and 5.0 feet from the east boundary line of lot 13 to a point in the north boundary line of lot 13; Thence south 890 12' east, with the north boundary line of lot 13, 5.0 feet, to the point of beginning, and containing a total of 573 square feet of land, more or less. And it Is further agreed that the said the City of Denton, Texas , t e In consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. t'orthe DUrDW o! constructirg, installing, and perpetually maintaining aerial public ut lity•lines in, along, upon and across said premises, with the right and privilege ak all times of the grantee herein, his or its agents, ear!,)yeeb, workmen and representatives having ingress, egress, and regress to, a!as upon and semi said premises for the purpose of making additions to, improvem'..nts on and repairs to the said lines or a, my part theredd ~.x 9`Q HAV>; AND TO HOLD Hato the said City of Denton, Texas, As of-merle for ,p"r a purposm aforesaid the premises above described. Witnaes my hand , this the V4 "y of my A. D. 19 674 4 Horace truck SINGLE ACKNOWLEDGMENT THE STAT F T XASs J BEFORE ME, the un reIgned,athority, COUNTY OF.- ~f! ---J TL/r✓/ CeL/C - QCECl' L - - in and f County, Texas, on this day personally appeared.- lino me to be the pet.son__._vhose name___/_.rs ...subscribed to the foregoing instrument, and acknowledged to me 4f a2 Z...._e ecuted the same for the purposes and consideration the i exp-eased. p' GIy~N'UNDE.Ii MY HAND AND SEAL OF OFFICE, This. .__d^ of._.__ A.D. 1941?f LACK Q. BARTOR ' [11Y AT7ORIM Notary P co County, Texas My Commission Expires Jane 1, 79T. - JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY In and for said County, Texas, on this day personally appeared _ and...- hia wife, both known tome to be the persona v.hose names ore subscribed to the foregoing Instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said. , wife of the said _.__..__.._.__having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the acid acknowledged such Instrument to be her act and deed and she declared that she had willinglp signed the enure for the purposes and consideration therein expressed, and that the did rot wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day A.D. IA_.._. Notary Public, ..-County, Texas My Commission Expires June 1, 19_... WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF......... ....n..........._.... _ In and for said County, Texas, on this day personally appearA........... . , wife of known to me to be the person whose name to subscribed to Ilia foregoing Instr^ment, and having been examined by me privily and apart from her husband, and having the same fully explained to her, the, the said _ " _ . . acknowledged such Instrument to be her act and deed, and she declared that she had willingly signed the same for tho purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This..._.._ ...................day of..................................., A.D. 19........... '4 - (L.S.) Notary Public, County, Texan My Commission Expires Jane 1, 19.......... CLERK'S CERTIFICATE THE STATE TEXAS, I .,~tc County COUNTY o~r_........ .,dlrt,Irk)• ~y Clark of the Countl^ Court of es Co' ty, do hereby certify that the foregoing Instrument of writing dated on the y .....day of _ . A D, 196..>, with its Certificate of A'rthenticat , was filed for record In my office on tha... o2 j .....day o . , A. D. 196.1, at o'clak l••. af., and duly .9,U y this 07 da f A D. 19Tf..~'., at~ rb'elock. ._x. M, In the ' reMeded Records of said County, In Volume--5013. , on ages t.Q..a WITNElT.9 MY HAND AND SEAL OF THE COUNTY COURT of said County, at office [a.......... s . _ W, W. W...., the day and year last above written. e County Clerk..._.......JwVfdlwLr .......County, Texas. 1 J (talk) By , Deputy, tt33 .i 144 , Al % j BOARD OF ADJUSTIMT COUNTY OF DENTON: Denton, Texas, State of Texas• Date APPEAL NO. Taken by Against the decision of the Building Inspector of the City of Denton, in accordance with the provisions of the Zoning Ordinance, To the Honorable Board of Adjustment. Lot No. (a; r7, Gentlemen: Block No. 3J~l Now comes ~ .citizen of ,->W- 6 bounty, and aif" that on,the day of A, D. 14 he sppiihd --for -a'Oerm'it t~ aeO~ e cjt~r U~ ~v 'iyt tci A'/E, ALA J' Its ut; a..Id~rt t ►h..r nr~ ti~bu ~t~s~~~lssuT e e stPCEn.X_fTiNsr at.'' I s^. x A ► ✓L,L_e w on a lot i~o 1 t.'Iby% J _ ft, in a IDgIaYULL. District as shown upon the attached plotplan and the Zoning leap of the,City of Denton and to use same as a,gz pcw s y The ~ermit, however, t a s ai.deni~d upon the' -4followV grolsfidas ~r- y . F k therefore, the appellant now appeals in accordance with the provisions of the Zoning Ordi d to the Honorab}e, aard of Adjuatment to grant the heretofore requested c fot si to p~rsti!`hYafi~ % y, or rent the completed promisee as a ~;t oilouing'redrones Respectfully submitted s y.' b I 1~ R A m o p ~ y t BUILDING INSPECTOR'S REPORT Denton, Texas, Date '/~ro7 I hereby certify that on the day of A, D, 19~o did apply fDr a permit to at number A* "y YVdl-"treat in the City of Depton, in accordan a with the provisions of the Zoning.Ordinance.. The pernit wee dented on the following grounda:_ 40 / ~ Building In pectorI Submit sketch of building and premises (bowing proposed change, in space beloVs a i Q by p M3 .fin ~n"r'i- _r. •.o. t • 1rj~ ~ Fr1 \ c60) JV . I l 1 ~ y ~ _ ~I . ~ tVf 1J ' ` 1 766 ~`r y s ~ 4 35% 4Z- 1 - - - - - - - - - - - - - - - - - I It ~ G Ono 3~6 ell '354 3}5 ti ~p I F: •r r 1c 9. /I r , Y I K' t rr' re~ • 347 r ' 'tQy , u `s'. r~-• LL1 , r r "r'{, ' tl ~.74'~ ~C. r A. 14, AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON* TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 25771 DAY OF JULY, A. D. 1967. R E S O L U T I O N WHEREAS, the City of Denton, Texas, has constructed certain sewage transmission and treatment facilities at 3 total cost of approximately $296,240.00; rand WHEREAS, the City of Denton, Texas is unable to pro- vide the total cost of such improvements; and WHEREAS, it was deemed necessary and proper to apply for federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds to complete these much needed improvements; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS] THAT Zeke Martin, Mayor of the City of Denton be and is hereby authorized and directed to exe- cute and sign the necessary documents re- gvired to complete the project on behalf of the City of Denton, for a federal grant under public Law 660, as amended; to be applied to the cost of the construction of said sew- age facilities. The City of Denton hereby agrees that if a federal grant for the pro- ject is made pursuant to the Federal Water Pollution Control Act, the City will pay the remaining costs of the approved project. PASSED AND APPROVED this 25th day of July, A..D. 1967. i i e Martin, Mayor C y of Denton, Texas ATT"S 11 W_vo" Brooks Holt, City Secretary City"of Denton] Texas APPROVED AS TO LWAL FORMS W J k Q► Bertono City Attorney ,ty of Denton, Texas F: !sue a...r ,r > `r s l s: a . F- >y p 41, f ~ l f A r r' ft r, i'y'" A s ' a p. i• , a r ; TT t--gpp t.. . ph L q e AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON# TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 25TH DAY OF JULY, A. D. 1967. RES0LUTI0N WHEREAS, it is contemplated that the City of Denton, Texas will construct certain sewage treatment facilities with an estimated total cost of $907,230.001 and WHEREAS, it is found that the City of Denton, Texas is un- able to provide the total cost of such improve- mentsl and WHEREAS, it is deemod necessary and proper to apply for a federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds to complete these much needed improvementst now therefore BE IT RESOIALT BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DFNTON, TEXAS, that Zoke Martin, Mayor of the City of Denton, be and is hereby authorized and directed to make application and sign the necessary documents re- quir6d3to complete the project on bF-half of the City of Denton, for a federal grant under Public Law 660, as amendedi to be applied to the coat of the construction of said sewage facilities. the City of Denton hereby agrees that if a federal grant for the project is made pursuant to the Federal Water Polluton Control Act, the City will pay the remaining costs of the approved projects. PASSED AND APPROVED this 25th day of July, A. D. 1967. JC a Martin, Mayor y of Denton, Texas .17TE6 i reokb Wilt, City decretary ;tCity of Denton, Texas APORCM8D AN TO LEGAL FORMt c q. Barton, City Attorn& y R ty of, Benton, Texas ;I y. `t'ti, 1, ~ ~ r+, : a ~ r gar r . r s r Y . , S ' a y.,• ~ 1¢ Y r l~ . rl (j I 1 red a r~ , j i ~ f ~ 4. ~o I r air + ; r 1 Y , ✓ ~ 11 '.1 a 4 e ~ : , .,.I?F t .}'"~a ~y ,~a f r. f.l~S a "a yp~ p 'iY' ra lI 1 M1I.'~1 f O. f1Ca O7 'i i..'.;:Y t _ 4 O=fICEE OF C I V CIG\ fit, ti ti' p~N 7 N. T X AS . ao_ JULIJ3 i:r. 0. Lay.~e, Coordinator riiYi G:Cil Vi ~C'L C:I;/e Fi Di oa.'.CCi: 1\Oliev iC::S6 Depur:t:ont Of :'aSliC SwfCty Box 1/037, North :.u.:.in Szctioa Aurti:l, :o:Zza 7S751 r.0. 107-(07) Da-,: Laynar ltci.:rcnco io m3do to your lcttor, o;r July 10, 1967 w:iica tran=fitted to this o2fice a copy of letter L'uted July 3, 19u7 ^'-itect to the l:ayor o: Do.zzoa racar:~eld'a:l~ frs:.: t.1 W. ,)rv.. o: tho *.id s%kmittcd by Cain 6 Cain, '-*rc. o! it. Vora io%as, tho lot: bidder for Cho Donton l:u icipal Zuildir... wo concur in tho award o: tha co zracz to C;,in d: Cain, irc, as ;.co :»:7dod by the nwealtect, i,:a bid st:~..ittod by to%at e.10 EOO portion of two facility is ha:c:y cpprovcd in the oc $94,500.00 (Fedcrai Shnrot $0,250.00) Yn addizloa, eho architcctiy too lo:' constructloz, t.L-~o-,nriaioa 4-.VL..tina to $1,417.50 (cdaral Shares $7 c alto tp7rovcd. " OCD gill furthor participato L•1 cny w:..ract chca;a order. portir.cat to the rOC Naich may ba equir: d as tha work progre:.e., provided ouch change ovdort arc reeo=c-adad by tL•a architect anr: approwd by this Raaional Offico. Construction pro3roco rC?orto, if noraaliy )-"'O;arld by tha archi zc-6p Should bo G-doratted to .hit offico eac:l .oath. if riot, a copy oZ One ronthly conctruotion ostiaato oubnitted by t'ao eo:ltractar and cortic'ied for pay,rent by the architect will bo tuitablo for thin rcquiremant. . Itt'a vV and to Lino '?tca No. 3 of tho projcct application, ;.crz :::g to tho indopondcnt crater supply r•yctca :or rho r-OC, your cz:a~'cic. is called to our letter tv you c;:cd ::,y 24, 1957. :loato adv.:;o tha tpplicaet that an, work pcrfo .ad b!. t'ao city force;; in ''.Y /l_Y Yi 1{Kr..lali.,...wI~uYYi1 A'M.W.•~.M1. 4x~M~lu./. /1.. Y.jw a..r ..4.p...w. .l. .a a Apr ' . ICI 1.., F ~L:,..:~. 1.'..:i1 i:i:. 2'r.~1 :J}1~~..Llt:i ':Ji NJ i.. r•....., ~ C\'JLJ• 1L , C',1 ~..ll jl.'. j•:i L•. ^lf~Y.r a~ .•.J \rJ •i.rr . .L',.:. rl..:. .i u~.ir. ~~ly' ..:V:,7 rt'3.. l: .U: i:~:C; • v µ il':G:: i~ C. l'CJ:a: Y.: C:: ~Lf.a 4;!+~1 4 ZJ,; j.:ip nr - JJ~L L:i L.:~ti I cc: Kr. .iuntor Worrall Denton Civil Defensa~~ ~ i j • 1 i d 1 ' I I ~ a 0 +~rrir THE STATE OF TEXAS X RELEASE OF LEASE 0220 COUNTY OF DENTON X WHEREAS, on or about the 1st day of January, 19280 a cer- tain lease was entered into by and between the City of Denton, Texas, Party of the First Part, as Lessor, and the American Legion, Post No. 71, Par'.., of the Second Part, as Lessee, by the undersigned officers th reof duly authorized, covering the following described premises sS,Euated in the City of Denton, County of Denton, State of Texas, to wits all that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, out of the BBB & CRR Co. Survey, Abstract No. 185 and more particularly described as follows, to Witt BEGINNING at the intersection of the east line of Ash (now Austin) Street with the north line of McKinney Street in the said City of Dentont t THENCE north with the east line of said Ash (now Austin) Street at 160 feet the south line of the City Park, same being the north line of the Texas Electric Railway terminal property, at 190 feet, to the place of beginning, an iron shake] THENCE east 120 feet an iron stake f6r a corner? THENCE north 180 feet to an iron Eitake for a cornert THENCE west 120 feet to an iron stake for a corner in the east line of said Ash (now Austin) Streets THENCE south with east line'~of !sh (now Austin) " Street 180 feet to the place of beginning, contain- ng in all 0.496 acres, more or lees. c. , And all other premises used by Lessee in the City owAod property known as Civic Park and this Civic Contort, said lease extending for a term of.09 years from said date,. and MMRBA8 it is the desire of the parties thereto to cancel j and release said lease, NM THEREFORE, in consideration of the Lessors discharging the Lessee from ale the covenants y~4gly1. t' r ahd obligations contained therein, and to pay Lessee the sum of Fifty Thousand And No/100 Dollars ($50,000.00), receipt of which is hereby fully acknowledged, the said American Legion Post No. 71 does hereby release and surrender all of its right; title and interest in and to the above described lease and premises, effective the first day of August, 1967, and the said Lessor does hereby accept said release and surrender and hereby consents and agrees to the cancellation of said lease. Lessor, the said City of Denton, Texas, does further agree to the following: 1. Assist in zoning adjustment of a new location for Lessee subject to Lessors approval of the locations 26 Extend water, sewer and electricity to the new loc- ation for Lessee without cost to Lessee, subjsot to Lessors approval of the locations 3. Permit Lessee to remain in possession of the above described premises on a day to day basiso at Lessors pleasure, with Lessee agreeing to immediately vacate upon the expiration of two weeks notice to do so. IN WITNESS WHEREOF, the said Parties have hereunto set their hands at Denton, Texas, this 2 "Clay of July, 1967. CITY OF DENTONs TEXAS, LESSOR ATTEST1 By: Ze a Martin, Mayor 7AUK B TON linryr APPRO64 LEM IORMs J Q. Barton# city Attorney ARTHUR O. MCNITZKY POST U06 71 OF 'THL- AMERx LEOIONs LESSEE f r Sys Co ndor 4 Adjutant ol, APP A9 tlAL F'0 i Otero, Attornqr • ' V THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, a Notary Public in and for Denton County, Texas, on this day personally appeared Zeke Martin, known to me to be the person whose name is sub- scribed to the foregoing instrument and also known to me to be the Mayor of the City of Denton, Texas, and acknowledged to me that he executed the same for the purposes and considera- tic,n therein expressed and as the act and deod of said City of Denton ~gd as'iha-iMayor of said City. VSN VND$R MY HAND AND SEAL OF OFFICE, this the , day (I 'Z;Ili/ 157' LACK Q. BARTON &M ATTORNEY tart' Public in and for Denton County, Texas THE STATE OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undersigned authority, a Notary Public in and for Denton County, Texas, on this day personally appear- .ad O M M .fs tY10 tz Z and w , ` aJSS A riiv~ known to me to be the persons whose names are subscribed to the foregoing instrument, and also known to me to be the Commander, Adjutant and Finance Officer of the Arthur 0. McNitzky Post No. 71 of the American Legion, respectively, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed aid an the act and deed of said Arthur 0, MoNitzky Post No. 71 of the American Legion and as the 6spoctive offteas there6f, OgVEN UNDER MY HAND AND SEAL Og OFFICE, this the J~ay,!*V Jrulyp Aa n. 1967s v f f 1 i ♦ 1 ♦ . ~ ♦ ~ r rrM•irfr~iY 7qtA"r qbi a in "a for bsnto '04tihty, Tom R,° i I. 1 r r - t' f too lri Ir -►.r..ww•i+. r r M1r t ,`I, " - S C5RTIFICATE OF R£5440 } m1 6tnte of T1•~s 1 t, t!1 T+ P; a Grp of 0s Codfily Court In end fon fold County d1 hlf+ +.~r'1 t If f^r, rIll I, v'" 1 arti y' M of eulnsndt 10 d to rl 67 ,dd:uf.~ uk _kA., r!~+ r i~~duk~+{e q7_ ~f ~ i`~~7 atl~.tJ6U9^kk~.` •.M,tQ 4" ,fit ..w....+..r. ~.~:r ► Diu M7n, Te.-1. 1Nitflott fiy rxn n' A 1, i e day end yo5t lasfa`dvf Wflttam. I THETA PARKER Cler:i of tht, county Ccv:, &hton Co., Takes uS ~•WM,Y~YY w ..Nl. " r f r ° u f v't, p kV" r b r ' w r, t ( ti t y. , ~ ( 4r a t~ , , ; , S Lr~' ~ 1.. t I .~rl LL~ 1! ~ ~ b Y`~.if ~ `~.~.'I ~d• ~ I a n~^ , e y~' T q w b 4 . t ry,'M E < ~r ; e .It 'Y .{f ~,F" t3 1. ' rG' R ~►i''a'5ty, r >r H y 4 THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Denton 5097 THAT OPAL SHEPLING, AND FOR THE ESTATE OF H. DAVIS Of DENTON COUNTY , TEXAS , in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration In hand paid by THE CITY OF DENTON# receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to THE CITY OF DENTON , the free and uninterrupted use, Liberty and privilege of the passage In, along, upon and across the following, described property, owned by ME . Situated in DENTON County, Teas, in the Survey, Abstract No. 18 5 Beginning at a point in the south property line of Lot 3, Block 7, College View Addition, part of the B.B.B. & C. R.R. Survey, Abstract 185, Denton County, Texas as conveyed to Opal Sherling and recorded in Volume 332, page 559, of the Deed Records of Denton County, Texas: said point being 2 feet, more or less, east of the southwest property corner of said lot: said corner being on the east. bank of Pecan Creeks Thence north 50-10' east a distance of 50.2 fee;;, more or less, to a point for a corner in the north property line of said lot: Thence east along the north property line of said lot a distance of 10.04 feet, more or less, to a point for a corners Thence south 50-10' west a distance of 50.2 feet, more or less, to a point for a corner in the south property line of said lot: Thence went along the south property line of said lot a distance of 10.04 feet, more or less, to the point of beginning. The above description being for a utility easement with a width of 50 feet during construction and reverting to a permanent easement 10 feet in widt;i after construction is completed. , . And it is further agreed that the said CITY OF DENTON , In consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, repairing, and perpetually mai.:,taining a public sewer line In, along, upon and acrm said promises, with the right and privilego at all times of the grantee herela, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and acrosa Bald promisee for the purpose of making additions to, impr.,vements on and repairs to the said sower liner s+anholes, pr any Pitt thereof, Tb HAVE AND To HOLD unto the WU CITY OF DENTON as aforesaid for the .oupobei foresald the premises above described Witness MX hand , this the 4 day of A. D. 10d, - OPAL 9914JNOO PND FOR THE ESTATE GL H. DA r Tk-- SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS BEFORE ME, the undersigned authority, COUNTY OF.__DENTON..._...... t In and foi saidtCounty, Teas, on this day personally appeared...... _QP ...ESTATR_jC1F...H.-DAVIS_.._........_.._._..... knbwn to me to be the person ...._whose name i$._- subscribed to the foregoing instrument, and acknowledged to me ,that..... he`aexgcut{ed the some for the purposes and consideration therein expressed. GIVEN VN`ER MY HAND AND SEAL OF OFFICE, T! s.-.12th --day ol. IRl , A.D. 19..67 Notary Publi , Denton........ County, Texas My Con,,,';jlon Expires June 1, 19_69 JOINT ACKNOWLEDGMENT THE STATE Or TEXAS, BEFORE ME, the undersigned authority, COUNTY OF_.----- _ in and for said County, Texas, on this day personally appeared..._. - - _ _ - and..._~ - hfa wife, both known to me to be the persona whose names are subscribed to the foreggoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said...-... , wife of the said.. __having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her ac: and deed and she declared that she had willingly signed the sama for the purposes and consideration therein expressed, and that she did not wiah to retract It. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This...... ..day of. _ A.D. 19_..... _ (L.S.) _ _ . Notary Public, County, Texas My Commission ''.pirea June 1, 19.. . WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, i BEFORE ME, the undersigned authority, COUNTY W...._.._._.. J In and for said County, rexas, on this day personally appeared , wife of . . known to me to be the l arson whose name le subscribed to the foregoing Instrument, and having been examined by me privily and apart from her hud land, and hamdng the some fully explained to her, she, the said- _ GIVEN tJND R MY HAND AND S>r -acknowledged such instrument to be her act and deed, and she declared that she bad a•llli~,gly sl7ned the same for the purposes and consideration therein expressed, and that she did not wish to retract It., At OF OfiF1CEThi,s:...... dry of.... , A.D.` S>r T .a-r ......A . ~ ..nu.......... a »..wn.e.eu»u u..u uu. Notary Public, _ ............................County, Texu My Commission Expires Jane 1, 19............ CLERK'S CERTIFICATE TAE STATE OF TEXASr.... , county COUNTY Of.......... _A.Ar*6Z~..._..... r . gent of the County Court of sal County, do hereby certify that the foregoing Instrument of writing dated on the Lit.... .day of , A. D. 1941 , with Its Certificate of Authentication, was fled for recd rd In my ofEce on the L........day o A D. 194..7., at/.,/ o'clock jp... M., and duly ......A. D.196..2-1 at/ti.YG o'clock e.-, M., in the recorded this ' r. ..day _ da.~.r Records of said County, In Volume...,S0 , 0 pages...%7 ..7 WITNESS kY HAND AND SEAL OF THE COUNTY CAURT of said County, kf. ofAce In...... ...!LM,. . ...tfl..'Y•••••••••• « w the dal and year !sat ..hove writ w 6 ,County Cler~~....•..... .....~°c_..+4s,.r'*W_:.. County, Texas. (L S) 8y.....................,....C.A.~fes'".» Deputy'. l ' i &S % NO. -Z ELIL AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF DENTON* TEXASg BY TRANSFERRING CERTAIN UNUSED APPROPRIATIONS OF A DEPARTMENT TO A DEPARTMENT REQUIRING SUCH FUNDS, AS DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEFEBY ORDAINS: SECTION I. That the budget /of the City of Denton, Texas,for the City of Denton, Texas, for the fiscal year beginning on October 1, 1166, and ending on September 30, 19670 adopted by Ordinance No. 66-32, is hereby amended by amending said Ordinance No. 66-32 to provide interdepartmental account transfers as fol- lows, to wit: TRANSFER FROM TRANSFER TO Account No. Amount Account No. Amount 04-01 Engineering - $6,000 01-06 Legal - $61000 04-02 Street - $5,000 01-01 Administration - $5,000 05-02 Swimming Pool - $3,295 05-01 Purks & Recreation - $3,295 which transfers ware recommended by the Director of Finance, and shall be effective immediately upon the passage of this ordinance. JCTLON II. That this ordinance shall be effective immediately upci its passage. PASSED AND APPROVED this 25th day oZ July, A. D. 1967. ~yZ in, Mayor ienton, Texas ~ 11TT1l~T t ' okor dolt, Cit'y' Secretary .tp rA City of'Denton, Alexia z W,7011arton, City Attorney `off Ci iton, Takao, ' ~1~qq~~,afiS yy{{ r rA,y r r ~1.1~w ,'4' V y.(" } . ~ 0 I I Y i l~ k Y• .41 RHO ~ Y t (y R} Snit 1 r. Y T~ `f Yf', ~ Y Y v 4 Y~ i 3 9 t ; fr . F.. b ~ Y ~ e i i{) f I 1. I 'h 1 r S.v. VX 1 1, NO. 7 L, AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON$ TEXAS, 19611 AS SAME WAS ADOPTED AS A PART OF PARTS II AND III OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 61-198 AND AS SAME MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOTS 6 AND 7 OF CITY BLOCK 3031B AS SHOWN ON THE OFFICIAL CITY MAP OF THE CITY OF DENTON, TEXAS, AND MORE PART- ICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFEC- TIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSs SECTION I. That the Zoning Map of the City of Denton, Texas, 1961, adopted as a Part of Parts II and III of Chapter 13, of the Code of Ordinances of the City of Denton, Texas, under pro- visions of Ordinance No. 61-19, and the same is hereby amend- ed as follows: All the hereinafter described property is hereby removed from the "R" - Dwelling District as shown on said map, and all provisions of Parts II and III of Chapter 13 of the Code of Ordinances of the City of Denton, Texas, as provided by Ordinance No. 61-19, shall hereafter apply to said property as "LX" - Light Industrial District in the same manner as other property located in the "LI" - Light Industrial District? All that certain lot, tract or parcel of land situated in the City and County of Denton, Texas, known as City Lots 6 and 7 of City Block 3031E and more particularly described as being located on the south and north sides of Airport Road, west of the Santa Fe railroad tracts. SECTION IX4 That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comp- rehensive plan for the purpose of promoting the general wol- fare of the City of Denton, Texas, and with reasonable ccn sideration, among other things, for the character of the district and for its peculiar suitability or particular uses, and with a'siew to conserving the value of the buildings, protboting human live t and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton and its aitieem. Page One v SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held bythe Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this 11th day of July, A. D. 1967. 4itZ e M artin, Mayor y of Denton, Texas ATTWT: Brdoks Holt, City Secretary City of Denton, Texas APPROVED AS TO LEGAL FORMS ck Q. Barton, City Attorney ity of Denton, Texas i PY Page Two stir ~ /Ry i ' . y a l i 4 F 1. 1 Ii, s ^ Y r v',i ~r YF±, t 7 ,J 1V S31 +~I s,;R. Y Y! ° i ' S ~'F .i Pr ~J1 ~?~tir✓ ~M~+aikr 1~ w~.~'.!'r Zc dry. t i y f '316 w,~ k ~ '#.v ~ Y~ "t~i~~ - -a ~ ~ ~ kr p r y v 1 8 r ~I ° ~t oi,1•r„ra~ ~ A %r f s ` + f) kk a ''t y"`~4~ L 2:YyC~~ i ~ e5 ~~'e~~~.' 'Y~~y~y7Y^~` • y ~ ~ c y s ~ !~F 1TlT Y a 1 a , . i~ . f A k I A - ti M1 1 i k p j°~,~riVjr rs a ~ r~ y~ fn ~ {Y> J~' ° {fir I ~ Y 1 a y~ I 1 7 ti, I r ~ w 't 4 Y ~f lIF ~ ~M ~ ~ arill,~r A 1I ,1 r4 V I.'i~ V a n y " `;.y,~{ 1~1F ~r~•. y t''tsh >f 1t~~yx 'F3y , .Y ~~k"~~'edR'~~f.';1~9t~,~', i THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT FRANK MARTINO 509- of DENTON COUNTY, TEXAS , in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration in hand paid h; THE CITY OF DENTON, receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to THE CITY OF DENTON , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by ME . Situated in DENTON County, Texas, in the Survey, Abstract No. 185 Beginning at a point in the north property line of the 2nd Tract of Lots 1. & 2, Block 7, College View Addition, part of the B.B.B. & C.R.R. Survey, Abstract 185, Denton County, Texas, as conveyed to Frank Martino and recorded in Volume 455, page 204 of the Deed Records of Denton County, Texas; said point being 12 feet, more or less, east of the northwest corner of said tract, said corner being the east bank of Pecan Creek; Thence south 230-46' east a distance of 110 feet, more or less, to a point for a corner; Thence south 660-14' west a distance of 6 feet, more or less, to a point for a corner in the west property line o! said property line being the east bank of Pecan Creek; Thence in a northerly direction with the east bank of Pecan Creek a distance of 110 feet, more or less, to the northwest corner of said tract Thence east a distance of 12 feet, more or less, to the point of beginning. The above description being for a utility easement with a width of r 50 feet during construction and reverting to a permanent easement 7 feet in width at the south end and 12 feet in width at the north end after construction.is completed. And it is further agreed that the said CITY OF DENTON , In consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. 'i For the purpose of constructing, repairing and perpetually maintaining a public sewer line In, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said eewer line, manholes, or any part thereof. TO HA%t AND TO HOLD unto the maid CITY OF DENTON as aforesaid for the pµrpoaee aforesaid the premises above d MY hand this the dar of , D.19 Witaea G , , F SINGLE ACKNOIVLEDG31ENT THE STATE OF TEXAS BEFORE 319, the undersigned authority, COUNTY 0 DE. In and foE rxy( Texas, on this day pc-sonally appeared.- - -Frank_may tino_.--_ knoA io me to be the person,...... whose name _ s-....... subscribed to the foregoing instrument, and acknowledged to me that s :2-'.fie___;e ecuted thp~same for the purposes and consideration therein expressed. 4VV.F, 4 UNDER MT HAND AND SEAL OF OFFICE, T y12 th day of_ JU 1 - A.D. 19 67 Notary Public, ent.. n-_---- County, Texas My Commission Expires June 1, 19_24 JOINT ACKNOWLEDG51ENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY if -1 in and for s:.;d County, Texas, on this day personally appeared - and - Alswife, both knaan to me-to -e the-persons whose names are subscribed to the foregoing instrument, and acknowledged to me that thuy eec4 executed the same for the purposes and consideration therein expressed, and the said............. - wife of the said _ _-......--having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the Bald acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.._-._day of- A.D. 19_.__. Notary Public, Coun'v. Texas My Commission Expires June 1, 19 WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXASr BEFORE ME. the undersigned authority, COUNTY OF.._........ . in and for said County, Tr xas, on this day personally appeared._..- wife of _ known to me to be the person whose name is subscribed to the foregoing Instrument, and having been examined by me privily and apart from her husband, and halving the same fully explained to her, she, the said _ _ acknowledged such Instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. _ GIVEN UNDER MY HAND AND SEAL OF OFFICE,This ............................day of.............. A.D. 19......... (LS.) Notary Public, ...............„................................County, Texas My Commission Expires June 1, 9•„_.._.. CLERK'S CERTIFICATE THE STATE OF TEXASr I „ - -v~~C.Tsw,.-_...1 ct at~ss~......._........., County qep COUNTY OF........... s(L.►tiu,Z,pN.._.....~ Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the ........1.2..... lay of .r........ . A. D. 1.94.7, with Its Certificate of Authentication, was filed for record in my office on the..... y of-.- AA. D. D' 9V..~.., , t //o'clock M., and duly recorded this.... ZP... da ofl_ :-20,o'clock_.A.... M., in the ......si~ ........................Records of said County, In Volume.. SS.*3 , on pages.. .2.e!6~. WITNESS MY HAND AND SEAL OF THE CV UNTY COURT of Bald County, at office in................... the day and year last above written. .............b //12 w~.... /~G County Clerk _±±._RS~t~.~.e~~..l,/ - 14 County, Texas. S) By.. t~riRL.._R..... Deputy. F ni 10 «g x ~ ~ b c t:=4 THE STATE OF TEXAS, l KNOW ALL MEN BY THESE PRESENTS: E COUNTY OF DENTON j That Johnnie Melvin Cole 5241 of the County of Denton and State of Texas , for and in consideration of the sum of TEN AND N01100 DOLLARS and other good and valuable consideration i to h-m in hand paid by the City of Denton, Texas of the County of Denton and State of Texas , the receipt of which { i Is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER it QUIT CLAIM unto the said City of Denton, Texas, its successors i i XIXXXXXMnd assigns, all his right title and interest in and to that certain tract or par. 'r cel of land lying in the County of Denton and State of Texas, described as follows, i to-wit: All that certain lot, tract or parcel of land lying in the S. C. Hiram Survey, Abstract No. 616 and being a part of a tract of land conveyed to Johnnie Melvin Cole by deed dated February 1, 1966 and recorded in { Volume 536, Page 193 of the Deed Records of Denton County, Texas: BEGINNING at the northwest corner of said Cole tract, said point of beginning lying in the east right-of-way line of Lakoy Street, 157.5 feet south of the intersection of said east right-of-way line of Lakey Street and the south right-of-way line of Wilson Street; THENCE south with the west boundary line of said Cole tract, same being the said east right-of-way line of Lakey Street, 100.0 feet to a point for a corner at the southwest corner of said Cole tract; THENCE P.ast,.,witb tbe..eoutb bo+indary.lins_~of said Cold tract, 5.0 feet to a point for a corner; THENCE northi 5.0 feet east of and parallel with the west boundary of said Cole tract, 100.0 fleet to a point for a corner in the north bound- ary line of said Cole tract; THENCE west, with the north boundary line of said Cole tract, 5.0 feet to the place of beginning and containing 0.0115 acres of land, more or less. i i TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privl• i leges and Appurtenances thereto in any manner belonging unto the said City of Denton, its successors *elrx and assigns, foreder, so that neither the said Johnnie Melvin Cole nor his heirs, nor any person or persons claiming under him shall, at any time hereafter, hive, claim oil depund any right or title to the aforesaid premises or appurtenances, or any pint there- Of. %TMEM' nloj hand at Denton, Tex a this diy Of 3 t. Y D 67 'y' Wihtess}a ~►t i;e~uae£, of Grantor: _ SINGLE ACKNOWLEDGMENT THE STATE-OF-TEXAS , BEFORE ME, the undersigned authority, COUNTY OF ,.._D1;N'CO~1_ ci ftnty, Texasi-on this day personally appeared In and forqai-t! . . . . . . Johnnie Melvin Cole ~..Q~ ItraoZ to me to be'tFe person _ ...whose name g..._ _ subscribed to the foregoing instrument, and acknowledged tome that h~ xecufe( the polhe f x the purposes and consideration therein expressed. c~CIYE 17DR ItY HAND AND SEAL OF OFFICE, s r day f......._ , A.D. 19.67..... y P4 f L Notary Public . ................Denton...................... County, Teas My Commission Expires June 1, 19.69..... JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF............. In and for said County, Texas, on this day personally appeared . and . hb wife, both known to me to be the persons whosa names are subscribed to the foregoing Instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said, wife or the said...__...._....................... _....having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said _ . acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thie_ _day of................................... A.D. 19 (L.S.1 Notary Public . ..............................County, Texas My Commission Expires June 1, 19...... WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority, COUNTY OF,__ ) In and for said County, Texas, on this day personally appeared . , wife of known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said _ _ acknowledged such instrument to be bar aet and doed, and - she declared that she had 1 illin [ y- s'ig ed de same for the purposes and consideration therein expressed, and that she did not wish to retract it. g GIVEN UNDER MY HAND AND SEAL OF OFFICE,This day of . A.D. 19 (L.SJ Notary Public, County, Texas My Commission Expires June 1, 19_.......... CLERK'S CERTIFICATE THE STATE 0K TEXAS, - I, .......t .~yter.....~ste!.r County Clerk of the County Court of, said County, do hereby certify that the foregoing instrument of writing dated on the } ~.7.... day of A. D. 194.7 , with its Certiflcate of Authentication, was filed for record in my office on the.. I da , A. D. 19.4.7' at o'clock..Q.. M., and duly . day q( A. D. 196.7 at~~, Jr.So'eiock liL~.. M., in the recorded .eye.................... Records of said County, in Volume.. .41 0}~ pages, _.3,9.x.... WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in.......... ie<~.r.4j'a_4 t!....... _ the day and year last above written. County Clerk.........../..~,.. .t.,+^vlt County, Texas. (L, B.) Vy Deputy. I x , tit 1F 1 I i i 10 t 'A i ~ °F i ;ijl 4L ~,111' -11 :j THE STATE OF TEXAS, KNOW AU MEN BY THESE PRESENTS: COUNTY OF DENTON 5330 THAT Joe Barns and Don Hall i of Denton, Texas , in consideration of the sum of Ten and no/100 ($10.00) Dollars and other good and valuable consideration In hand paid by the City of Denton, Texas, receipt of which Is hereby aclmowledged, do by E these presents grant, bargain, sell and convey unto V,, the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by them , Situated In Denton County, Texas, in the j A.NoB. TompkinsSurvey, Abstract No. 1246 a All that certain lot, tract or parcel of land lying in the A.N.S. Tompkins survey, Abstract 1246, in the City of Denton, Denton County, State of Texas, and being a part of a certain lot 12 of Highland Ridge Addition to the City of Denton, as replan and approved by the City Council of Denton on July 6, 1966, and filed in the Plat Recor of Denton County, Texas, and being more particularly described as follows: Beginning at the northwest corner of lot 12 of said Highland Ridge Addition; ' Thence south 890 12' east, with the north boundary line of said replatted lot 12, total distance of 12.0 feet, to a point for a corner; Thence south 00 43' 20" west, parallel with and 12,0 feet from the west boundary line of lot 120 to a point for a corner in said lot 12 south boundary line, same beingkthe north right-of-way line of Westridge Street; Thence westerly, follou-1nt said boundary line of lot 12, same being the north right of-way line of Westridge Street, to the southwest. corner of lot 12; Thence north 06 43' 20 east with the west boundary of lot 12, 115.0 feet to the point of beginning and containing 1398 square feet of land, more or less. And it is farther 4greed that the said City of Denton, Texas ' In consWeratiee of the bewdis above set out, will remove from the property above de scribed, such fences, buildiage mW ett;ar obstructions as may now be found upon said property. For the purpose of constructing, installing and perpetually maintaining public utility poles, lines, guys and appurtenances in, along, upon and across said premines, with the right and privilege at all times of the grantee herein, his or its agents, smpliyeos, workmen and representatives having ingress, egress, and regress in, along upon and across said promisee fot lie purpose of making additions to, improvements on and repairs to the said Public uttl:tie6 say out thereof. TO RAVE AND •:0 HOLD unto the said City of Denton, Texas,- as aforesaid for tie nmrposes aforesaid the owtioes above} Wit2as our hood s r this the r 1A, daT of uiy r A. D. 1067 . 77 t - - Don Ml 7l6~i 4YC~r r~ M~> ~z r Witr 4 d.E SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, _l BEFO ME, the undersigned authority, j At COUNTY OF-~rerf_o~! In and for psjid County, Texas, on this day personally appeared k ctwA me to be the rersonSr whose namq$*rC__aubscribed to the foregoing instrumen and acknowledged to me tkat._ he executt¢ the same for the purposes and consideration there eexp VlfEEN~UN~fR MY HAND AND SEAL OF OFFICE, This_ o _ 19Wp (vs.} JACK Q. BARTOn - - - - 9! n QU AITORUX Notary li __-County, Texas My Com Is on Expires June 1, I94 JOINP ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, !i COUNTY in and for said County, Texas, on this day personally appeared . and - - - his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said , wife of the said _ - - - -.having been examined by me privily and apart from her husband, and having the same fully explained to her, the, the said -_.............___..-.___r acknowledged such instrument to be her act and deed and she declared that she had wiliingly signed the soma fir the purposes and consideration therein expressed, and that she did riot wish to retract it. GIVEN V$DER MY HAND AND SEAL OF OFFICE, This dry of. A.D. 19__.... (L.S.) Notary Public, - County, Texas My Commission Expires June 1, 19__. WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME. the undersigned authority, COUNTY OF..... I in and for said County, Texas, on this day pOubscribed orally appeared wife of known to me to bethe person whose name t to the foregoing Instrument, and having been examined by me privily and apart from her husband, and having the memo fully explained to her, she, the said_. tha't $ g _ acknowledged such instrument to be her act and deed, and same for the purposes and consideration therein expressed, and that she did not Gwish to IVEN tUNDER MY HAND AND SEAL OF OFFICE,This....... _ day of..._...... A.D. 19........-. (L } _ Notary Public, ...................County, Texas My Commission Expires June 1, CLERK'S CERTIFICATE THE STATE OX TEXAS, I, .%xs~a...~ ................._...I County ~ COUNTY OF__....... ~,ddCC .ZtinZO?........... Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the l da of.... A D. 19.4e .7, with Its Certificate of Authentication, was tilod for YO%V f. c"ciock P~M., and duly tmord In my office on the ....21...._dai y A. D. 19.t419.4.1, at. ' "corded A. D. st.J~..a? no'clock M. Ol , In _ Records of said County, In Volume +W.. OA Pa4a... .'.AJ WITNESS MY HAND AND SEAL OF THE COON "Y COURT of said County, at office In ti the day and year last above written. _ .................................~.~~/£~4c County Clerk County, Texas. (1w By_....,.._......»...-._. , Deputy. 't '211] THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON J032B THAT Horace Brock and wife Of Denton, Texas , in consideration of the sum of Ton and no/100 ($10.00) Dollars and other good and valuable consideration in hand paid by the city of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, as an aerial easement, owned by him, Horace Brock. . Situated in Denton County, Texas, in the A.N.B. Tomplcingurvey, Ab3tract No. 1246 All that certain lot, tract or parcel of land lying in the A.N.B. Tompki Survey, Abstract No. 12461 in the City ofDenton, County of Denton, State of Texas, and being a part of a certain Lot 13 of the Highland Ridge Addition to the City of Denton, as conveyed by Joe Barns &.0 Don Hail to Horace Brock by deed dated June 29, 1966 and recorded in Volume 539, Page 621 of the Dee Records of Denton County, Texas, and being further described as follows: BEGINNING at the northwest corner of the above mentioned lot 13, same being the northeast corner of lot 14 of said Highland Ridge Addition to the City of Dentony as currently shown in the Denton County Plat Records; THENCE south 890 12' east with the north boundary line of said lot 13, same being the north boundary line of said Highland Ridge Addition at 100.0 feet passing thru the original northeast corner of lot 13, and continuing east with the north boundary line of said lot 13 (replatted and approved July 6, 1966), a total dietanco of 102.5 feet to a point for a corner; WiMNCE mouth 00 43' 20" west, to a point for a corner 16.0 feet south of and perpendicular to the north boundary line of said lot 13; THENCE north 890 12' west 16.0 feet south of and parallel with the north boundary line of said lot 13 (replatted and original), a total distance of 102.5 feet, more or leas, to a point for a corner in the west boundary line of said lot 13; THENCE north 00 48' east, with the west boundary line of said lot 13, a total distance of 16.0 feet, more or less, to the place of beginning and containing 0.038 acres of land, more or less. And it is further agreed that the seed City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fence; buildings and other obstructions as may now be found upon said property. For the purpose of coAstructing, installing and perpetually maintaining an aerial public utility line or lines in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having i tress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and reptirs to the said pri~lia utility linen or lines, or Any part thereof. HAVE ANb To HOLD unto tho acid =City of Denton, Texas as aforesaid for the purposes aforenid the premises above dedcdbed. Witness our hams m , this the ,?/~d day of~July ~ ~ . D. 19 67 , 7 - 'Horace Brook .~r: r SINGLE ACKNOWLEDGMENT THE STATES F AS, COUNTY OF BEFORE b[E=undersl d authority, In and for said County, texas, on this nay personally appp.ared----.- knoA me to / be the p~rson..__whose name .f~._.. subscribed to the foregoing instrument, and a owledged to me that executed *the same for the purposes and consideration thcr in x r ssed. / {IiVBN UN~IER MY HAND AND SEAL OF OFFICE, This !ay 4 JACK Q. BARTON t. , 'j~ CITY ATTORNEY Notary c, .._County, Texas 7f' R ` My Co misslon Expires June I, 191J~ JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority, COUNTY OF--_ in and for said Canty, Texas, on this day personally appeared - end _ - - hie wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, End acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said , wife of the said ......having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day A.D. 19--__ Notary Public, County, Texas My Commission Expires June 1, 19... WIFE'S SEPARATE ACKNOWLEUGMFNT THE STATE OF TEXAS, 1 BEFORE MS, the undersigned author`ty, COUNTY OF.,. _ _ _ _ . ff in and for said County, Texar, on this day pcrsonaIly appeared t . , wife of no"%'-n- wn to me to be the person whose name is subscribed to the foregoing Instrument, and having been examined by me privily and apart from her husband, and beving the safne fully explained to her, she, the said . ' r. r.. _ acknowledged such Instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and conalderatica therein expressed, and that she did not wish to retract it. I GIVEN UNDER MY HAND A` : SEAL dF O1:FICE.This ...........................day of................................... y A .D. IC.......... (LS.~ , Notary Public, ...................................County, Tessa My Commission Expires Jane 10 t9............ CLERK'S CERTIFICATE f ti THE STATE QF TEXAS, I, ...........`,it , county COUNTY OF........ tl~ln..... Clark of the County Codrt of sa County, do hereby certify that the foregoing {+utrumeM of writing' dated on the W sZ I,:.:.day of A. D 196 >01, wlth Its Cert;}Icate of Authentieatlgf, was toted for record in my officeon the...2,.~~..:..:.day of. t , A. D. 19A. , ai.. 'clock M., and duty recotnd this a~ f tl. ~ O'clock M , is thl` ~ ...v. . . l+t+dt: ...........................Records of Wd was y, In Volume. , oa ages '~jcp ' NINS MY HAND AND SEAir OF THE COUNTY COURT of said Cpunty, at ofikd in the day and year last above written County clerk ~„1..... Connly, Taxes (L S) By , Deputy. Y S ' i it ✓ (,s//~I~ l .1 r.c Vl aw _ 4 1~ a4 9 , t IJORrr USE CODrMC CITY OF DEMN Alm M-3TRAL TELEPHONE WIPANY OF THE SOMPA ST MIS AGREEEvT, made by and bot icen the CITY OF DEMON, a municipal ; corporation, hereinafter called "CITY", as Party of the First Part, and GEYERAL TELEPHONE COMPANY TIC SOUTHiPFST, a Delaware corporation, with a permit to do business in the State of Texas, hereinafter called "TELEPHONE M14P Y', as Party of the Second Part. { WITNESSETH: WHER73S, the City and the Telephone Company desire to provide for the joint use of their respective poles s,hen and where the joint use will be of mutual advantage in meeting their sor;i , requirements. NOW, WEREFORE,in considOrL,`iOn of the premises and the mutual cuvenants . t heroin contained the parties hereto, for themselves, their successors and assigns,__', { do horeby covenant and agree as follows: w + ~ II ' ARTICLE I SCOPE OF (;RFEZ ;1 t A. no agreement shall be in effect in oll areas being served by the City { of Denton M=icipal Utilities at the prestnt time or may be served hereafter, and shall cover all wood poles of each of the parties now existing or hereafter erected in the served area. 1 ' S. before either party shall cntor into any agreement with any third party for the attachment of any facili•k%,ios to{any jointuso polo covered in I this contract, a mutually agreeablo arrangement for these facilities shall be made by and between both parties to this contract. In no event shall any CATV facility be installed without the express 'i Y M ai'ak n ~,s~►~k';}.~`:~~►iaalctrlits'h~!itiytg-o£:;th~'C~~`2ff~ Cf'F►'b~ri~. ~`c+~s~ . r =~~:~~~4b~ ~~1~`~'~~'~.`.~~' 1 ARTXLE II , M EXPiN~1TlON OF TERMS For the purpose of this Agreement, the following torms shall hava the I following meanings. A i + 5 k~ r'I J'1~•~ - .:tip/~~L/..r ~ ~1 ~ ~i. Ilk, ,t yt S 4 NORMAL SPACE on a joint pole is the following described space for the exclusive us.. of each party, respectively, except that certain attachments of one party may, in accordance i-+ith specifications mentioned in Article III, bo located in space assigned to the other party. 1. For the City, the uppermost ten (10) feet measured from the top of the pole. a 2. For the Telephone Company, space for forty (40) inches at a distance below the space of the City of Denton to provide,' at all times, themininann clearance ronuired by the specific- ations mentioned in Article III. A NOI2MA4. JOINT POLE undor this agreement shall be a forty-five (45) foot, i class three (3) wood poles as covered by the American Standards Association specifications. COST as applied to new poles shall mean the cost in place. As applied to existing toles, "Cost" shall mean the reproduction cost less depreciation. NEr LOSS as applied to polo replacements shall mean the reproduction cost less depreciation, plus the cost of removal minus the salvage value of the polo replaced. ARTICLE III SPECIPIC_A'i IONS 1. While it is definitely undorstood that the specifications of the National Electrical Safety Code Fifth Edition must be conformed with, + the "Joint Pole Practices for Supply and Communications Circuits" (a report of. the Joint Committee on pant Coordination of the Edison Electric Institute rt{1if`:.!T.✓F'r'3'.~`~'s ~t~f_dVM .;a,e•~:,yrit'@ ;.4 ~jLi ~ 9lny. }+R~~';/'A,k~:~ ~ Tolop'hono 5~stent, known as Ti. >3. I. Publication No. rIi dated . . *Octobor 1945), or revision thoreof, will be used as a guide in all holds of operation. Ari plt.ktos included'in M12, do not cover all typos of construction. Noithor are r i MOM 1 V they intended to be used as construction drawings but only to show typical arrangements and give minimum requirements for clearance, strength, separation, etc, of the respective y plants. 2. The Telephone Company shall have the right to use the City's neutral power wire for grounding and bonding purooses. 3. A copper ground wire shall be placed on all poles placed by the Telephone :a Company. ARTICLE IV ESTABLISHING; DINT USE OF EXISTING POLES A. Whenever either party desires to reserve space for its attachments on any pole owned by the other party, either as initial space or additional space on said polo, 1t. hall make written applicat;^n therefor, specifying the location of the poles "in quertion, the amount of space desired ind the number and character of the circuits ` to'be placed therein. 's,•'. Within ter. (10) days after the receipt of such application, the Owner shall notify the Applicant In writing. Upon receipt of notice from the Owner and after the completion of any,transferring or rearranging which is then required in respect to attachments on said , ;''polee,.including any necessary pole replacements, the Applicant shall have tl,o right as , t „ticericeo hereunder to use said space for attachments and circuits o` the character specrifiad in said application in accordance with the terms of the application and of this Agreement Si Whenever any normal jointly used pole, ar any normal pole about to be a 4 ~~°;rykv~(~Ittr,prof th~a Agrridtdnt'1'!s, tnautta#ariti,n hoibht cttra,~gt]~ for r i L I ~i Ll ~ f , t ;5 J the i~xistlnd tttachments aria for the proposed immediate attachments thereon, the owner Y,. ! (i s shall promptly replacra'such'pole with a now pole of the necessary hoigtit And Rtrerigtli and shall make 06h other changeiin the wilsting polo line: in which suer polo Is included as a t+ `thlb rondltionsr.~ay"then reCIU, re, bn;lotnt polot Nth pbrty,ahatl 01P66. transfer and rearrange"its own' . attachments, 'InCluding 9ny'treo tt.tnminq or Butting itioident.•il thereto,'place guys to x.L~,k . f t r 7~7,IPI~`ClYtlM oc trmr •-.•.••-~+w~~~:ar.~ur..: ~ i ~a sustain unbalanced loads due to its equipment, and shall perform such work as promptly as possible and in such a manner as to offer minimum interference with the service of the . other party, ARTICLE V ESTABLTSHiNG JOINT i7SE OF NEW POLES A. Whenever either party hereto requires new pole facilities within the territory covered by this Agreement, either as an additional pole line, as an extension of an existing pole line, or in connection with the reconstruction of an existing pole line, it shall promptly notify the other party to that effect in writing (verbal notice subsequently confirmed in writing, may be given in cases of emergency) staVng the proposed location and character of the new poles and the character of circuits it proposes to use thereon. 'Within On (10) days after the receipt of such notice, the other party shall reply in writing, '`stating whether it does, or does not, desire space on the said poles and, if it does the character of fte circuits it desires to use and the amount of space it wishes to reserve. B. In any case where the parties hereto shall conclude arrangements for the 'Joint use of any new poles to be erected, and the party proposing to construct the new pole facilities already owns more Oan its proportionate share of joint poles, the parties . ' hall take into consideration the desirability of having the new pole facilities owned by the party owning less than its proportionate sharp of joint poles so as to work towards ' „such- a division of ownership o° the Joint poles that neither party shall be obligated to ;pay to'the other any 'rontals because of :hats respective use of joint poles owned by the c CEeo ar yy11 pla r fts•ayrattachments on.,tho new. folr,t,pQle~s,,~rh`olud ~4 ~ rMl r 0 e, Aa a !?ig city tree trimming or cutting incidental thereto, place guys to sustain unbalanced loads due to it equipment, and shall perform such work an promptly as possible and in such a rl' manner as to offer minimum interference with tho eervice of the other party,' ARTICLE Vl It 4 R1 'HT$ bi~ WAX FOR LTC£NS$B'S ATTACHMENTS o- ztech party to this Agreement shall be responsil.le for obtaining its own right of ~ a' { a ~~~Li~(Wi~Y~IYWitraonnM.r__a__u_.~_~'L-.,L:-••-•-._-..-~.~_11.,J I:Ji.L.\..: ~..rl!]~., a: LL•, i way for areas where joint pole usage is required. When rights of way are secured and where it is possible, the right of way document will provide r!ght of way for both parties.. l7e '!1 ARTICLE VIi 6 MAINTENANCE Or POLES AND ATTACHMENTS A. The Owner shall maintain its joint poles in a safe and serviceable condition and in accordance with the specifications mentioned in Article III and she ll replace, rein- force or repair such of said poles as become defective. B. When replacing a jointly used pole carrying terminals of aerial cable,' underground connections, or transformer equipment, the new pole shall be set in the same, dole where possible, which the replaced pole occulded unless special conditions make it .necessary to set it in a different location. C. Whenever it is necessary to replace or relocate a jointly used pole, the Owner shall before making the charg a give notice thereof in writing (except in case of emergency, when verbal notice will be given and subsequently confirmed in writing) to ',the Licensee, specifying in such notice t,ie time of such proposed replacement or relocation r;" and the Licensee shall at the time so specified transfer its attachments to the nee, or relocated pole. D. Each party shall maintain all of its attachments on jointly used poles in accordance wtth the specifications mentioned In Article III and shall Keep them clear of V trees, in safe condition and in thorough repair; provided, however, that neither party shall b'e'required to rearrange any cable installed prior to the date of this Agreement, and carried on the street side of any pole, so as to occupy the field site thereof, AR i°-N^x~:'s-l'E ICL Mir ' DIVISION OF COSTS ;'A. The cost In place of new joint poles coming under this Agreement, either t fn new polo lines, or in extensions of existing pole lines or to replace existing poles,' shall be borne'by the parties as follows; 1. This cost in place of normal joint pole 0,111 be bornaby the owner,' a M ~ MS 4~ s :s p. R, r'i+ Fp'riillI 2. The cost in place of a pole larger than•norrna1, the extra height or class of which is due wholly to the Owner's requirements shall be borne by the Owner., 3. In the case of a pole larger than normal where the extra height or strength is due either Ahonyorin part to the requirements of the Licensee (including requirements as to keeping Licensee's wires clear of trees), the Licensee shall pay to the Owner costs in excess of those borne by the Owner under 1 or 2. B. The net loss entailed in the replacement of existing poios with new Joint poles shall be borne as follows: 1. The net loss entailed in the replacement of a nonjoint pole by a' joint pole shall be borne entirely by the Licensee unless the replacement is for the sole benefit of the Owner. 2. The net loss entailed in the replacement of joint poles shall be borne by the Owner unless the replacement is for the sole benefit of the Licensee In which case such loss shall be borne by the Licensee. 0. Any payments mado by the Licensee under the foregoing provisions of this r ° Article shall not in ai,y way affect the ownership of the Joint poles concerned. D. Each party shall place, maintain, rearrange, transfer and remove its own -attachments at its own expense, except as otherwise expressly provided elsewhere in this Agreement, or where such rearrangement and transfer is requested by the other party'. l ARTICLE IX t , TERMINATION OF JOINT USE ,A. If the Owner desires at any time to discontinue using any jointly used pole, it shall giva he Licensee notice iYn~ writing to that effect at least sixty (60) days 91 to de' 46 on w cn it Intends*f6 remove'its attachments from such pole. If at i6 expiration of said period., the Owner shall have no attachments on such polo but, the Licens ca shall not have removed all of its attachments therefrom, such pole shall thereupon boc7me the property of the Licensee, and the Licensee shall save harmless the former. Owner'of' ?.'hitch polo from`all obliOations, liabilities, damages, costs, expenses or charge'dincl,irred them afford and not arising out of anything theretofore occurring, because of, or arising,; Y . out of, the presence or conditicc of such pole or of any attachments thereon; and shall pay the Owner a sum equal to the then .-alue in place of such abandoned pole or such other equitable sum as mey be agreccl upor. between the parties. Credit shall ; e allowed for any payrr?nts which the Licensee may have made under the provision of Article VIII Division of Costs, when the pole ,vas originally set. B. The Licensee may at any time discontinue the use of a joint pole by giving due notice thereof in vtirlting to the Owner and by removing therefrom any and all attachm ents it may have thereon. The Licensee shall in such case pay to the Owner .he full rental for said pole for the then current year. ARTICLE X RENTALS A. The rental due from either party to the other shall he computed on the basis of $2,50 per annum to be paid by the City for each joint pole owned by the Telephone Company and $2.50 to be paid by the Telephone Company for each joint pole owned by the city, B. Rental payments hereunder shall cover rentals accruing during the claendar year and shall be based on the number of poles on which space is occupied or reserved on the 31st day of December for the year in which the rentals accrue. Within ten (10) days following such date, each party shall submit a written statement to the other party giving the number of poles on which space was occupied on su6h date. This may be determined by a' joint` check made by representatives of the City and tY Telephone Company, or from suitable 1 , 4 records it agreeable to both parties, Rental payments ihall be made within thirty (30), days 1 , . bf tho recoipt of such statemen., ftlyf i f ir.i.g A !'w,F•" it } %yf;:ii ~,~;c`; ~6f~°0cS aw, h,n,'~x ds'.~e°'A,+vfl~:`5. R . _ARTIOftXI • TJEfAULTS A. If either party shall default in any of its obligations under this contract -anu such default continue thirty (30) days after not'ea thereof in writing by tho othor party; the a pe ,,V not in default may suspend the rights of the party in default insofar 6 concerns the ;,granting of furtherloint uses if such default ;hall, continue for a period of sixty (60) days' i. '4 t,' 8 t r after such suspension, the party not in default may forthwith terminate this Agreement as far as concerns the further granting of joint use. B. If either party shall make default in the performance of any work which it is obligated to do under this contract at its sole expense, the other party may elect to do such work, and the party in default shall reimburse t'.a other party for the cost thereof, Failure on the part of the defaulting party to Tmake such payment within thirty (30) days , upon presentation, of bills therefor, shall at the election of the other party, constitute a default under Section A of this ArticIn. ARTICLE X11 LIABILITY AND ,DAMAGES _ Whenever any liability is incurred by either or both of the parties hereto for damages for injuries to the employees or for injury to the property of either party; or for injuries to other persons or their property, arising out of the joint use of pole; under this Agreement, or due to the proximity of the wires and fixtures of thn parties hereto attached to the jointly used poles covered by this Agreement, the liability for such damages, as between the parties hereto, shall be as follows: A. Each party shall be liable for all damages for such injuries to persons or -property caused solely by its negligence or solely by its failure to comply at any time with I~f-H tho specification herein provided for. Each party shall be liable for all damages for such injuries to its own employetls'or its,own property as are caused by the concurrent negligence of both parties hOreto'or'that arO duo to causes which cannot be traced to the sole negligence of the other' . 1 party. 4, "41 n1•sTtul:E x"11I ,k f E ST1NC RiG1_T8.Or OTHER PARTIE5 If eithot of tho parties hereto has, print to the execution of this Agreement, r: conferred upon others, not parties to this Agreement, by contract or otherwis_, rights or ``¢r~~ lieges to'usu any poles Covetsd by this Agreementj nothing herein contained shall be Yv Y ' construed as affecting such rights or privilegesand either party hereto shall have the right, r Y { - r,nr~r • P r•I,. AN VI! . .1 I by contract or otherwise, to continue anj extend such existing rights or privileges; it being expressly understood, however. that for the purpose of this agreement, the attachments of any such outside party shall be treated as attachments belonging to the grantor, and the rights, obligations, and 1±abilities hereunder of the grantor in respect to such attachments shall be the some as if it were the actual owner thereof.' hRTICLE XIV ASSIGNMENT OF RIGIITS Except as otherwise provided in this Agreement, neither party hereto ehall assign not otherwise dispose of this Agreement or any of i# s rights or interest hereunder, -)r in any of the jointly used poles, or the attachments or rights of way covered by this Agreement, to any firm, corporation or individual, without th; written consent of the other party; provided, however, that nothing herein contained shall proven.: or limit the right of 4 either party to mortgage any or all of its property, right, privileges, and franchises, ' or lease or transfer any of them to another corporation organized for the purpose of cor.- ducting a business of the same general character as that of such party, or to enter into any merger or consolidation; and, in the case of the foreclosure of such mortgage; or in case of such lease, transfer, merger, or consolidation, its rights and obligations here-'' F'une'er shall pass to, and be acquired and assumed by, the purchaser on foreclosura, the transferee, lessee, assignee, merging or con&Aidating company, as the case may be; and provided, further, that subject to all of the terns and conditions of this Agreement, f either party may r f _ Y Permit any corporation conducting a bt,aces t: the same general characte., as that of such party, and owned, operated, ;ease; and controlled by it, or assooiated or`nffiliated with it in intere^.t, or connecting with it, the use of all or any ~r fie e P r ; b ~t7th1 bpa 4 rafietveii tt©r" id0 r`6 1*any poll co e~ac iy f ~ Agre r~en ~fo t ,y 4 attachments used by such party, in tho conduct of its said business; and for iho purpose Of this Agreement, all such attachments maintained on any such pole by the permission as afo(esnid of either party hereto shall be considered as the attachments of the party'; r granting such permission, and the rights, oblfgations`and liabilities of such party under this Agreement; in respect to such attachments, shall be the some as if it were the actual ; T A- AW ME" r Y ♦ A*q , Y . owner thereof. ARTICLE XV WAIVER OF TERMS OR CONDITIONS The failure of either party to enforce or insist upon compliance with any of the r terms or conditions o. this Agreement shall not constitute a general waiver or relinquish- ment of any such terms of conditions, but the same shall be and remain at all times in full force and effect. ARTICLE XVI PAY MENT OF TAXES is The Telep! one Compan; shall pay all taxes and assessment.- lawfully levied on its property bl,t shall not be obliga'ced to pdy taxes on rho property belonging to the City. ;k ARTICLE XVII BILLS AND PAYMENT FOR WORK Upcn the completion of work performed hereunder by either party, the expense of which is to be borne wholly or in part by the other party, the party performing the work shall present to the other party within thirty (30) days after the completion of such wor)C . an itemized statement of the costs and such other party shall within thirty (30) days after such statement is presented pay to the party doing the work such other party's proportion' of the cost of said work. ARTICLE XVIIi SF 1VINE OF NOTICES z - ;i Whenever in this Agreement notice is provided to be given by either party hereto lo'th' od"a,r, such notice shall be in writing and given by letter mailed or by personal delivery, fo tho City at its office at Denton, Texas, or to the Telephone Company at its office at Denton,' Texas as the case may be, iT #.~~'T~ 4.~~.~.?.~'~rlf A4 ;li' ,.''4".~'~ J:~` kJ i~r~/i R~jlr teli.~LA 'S ~r~ '.,~n 1 ;~sli*'~I. y. '44.~s d YA Y . ~ d < A 1 ± TF,RM of AGREEMENT Subject to the provisicr,s of Article X11 • Dofaults, herein, this r.greement'may ue ' terminated, sG fhr as concerns further grantttiq of joint use by either party, after the lst , t# :lay of ?enuary, 1966 upon'ono (1) year's notice in k-rating to the othee party provided, tha` s u. ' if not so,terminateo it shall continue in force thereafter until ternninated by either part;I d r r ¢ S y Yc ~ ' w Y~Y Y E I 1 at any time upon one year's notice in writing to the other party as aforesaid, and provided further that notwithstanding such termination, this Agreement shall remain In full force and effect with respect b all poles jointly used by the parties at the time of such termination. ARTICLE XX p i Nothing contained herein shall be deemed or held to be in limitations, restriction or derogation cf the rights privileges, benefits and immunities held by the Telephone Company under that certain ordinance of the City approved on the 3rd day of betober, 19490 entitled: "An Ordinance whereby the City of Denton, Texas, and the Texas Telephone Comat.: ;h311 contin in t,I r,rec' ,tlnd maintain its poles, wirer, anchors, cables, manhol^as, condu~ts, '1116 Other plant construr.;tion and anpurtenan.es along, across, on, over, througn, above and under 111 public streets, avenues, alloys, public grounds, and places in said city, and granting the right and franchise to do so, under regulations and restrictions and that the City shall receive an annual pay- ment, to be in lieu of certain other payments and the right to use ck!.-tain facilities of the Tolephone Company, all as herein provided." } In tho event of any conflict between thu provisions of such ordinance and the provisions of this Agreement, it is expressly understood that the provisions of such ordin- once of the 3rd day of October, 1949, shall control over and be paramount to the provisions ` of this Agreement, IN WITNESS WHEREOr, the City of Denton, Texas, Party of the First Part, has caused these presents to be signed by its Mayor, and its corporate seal to be affixed and attested by its representative officer duly authorized as of the of 195gs i andVthis egreemont isffective as of the Ist day of January, 1966. CITY OF DEN TE Mayor ' ,,,~A 'lvh o,i'~= Approv s to P rmt 4 yc'rs y . 3~ n Oft Eeb otary, C~ y Attorney ~r.TESTtr '7,rf GENERAL TELf' HONE WP A NY OF "I'll TJTHW A -J { fr .s Byi eoratat a , Presfdont{` 41, i f4 ',~~4e fit. tl,y , r t 'o'~ r. f r Y' 1,f 1 tl C rr 'fI 1 , t 'u + tl r , ° ado', _FF 1 ner . ~ a B r ' r 0 z ! b~a'~'~ is t~ti j r f•f. C1 f > 4 d. f, 65'P v A t` ;.,r f