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HomeMy WebLinkAbout12-1969 ~T w.. is ~3 4 ,I IiL I t „ llfl` WESTERN SURETY COMPANY ff'1 CHICAGO SIOUX FALLS 6 'DALLAS PALO ALTO o SALA•CYNWYD, PA. CONTINUATION CERTIFICATE _ No L00- 10 .00 In consideration of the sum of - Ten and __Dollars, ~ the Western Surety Company hereby continues in force Bond No, 1~1 jly$4(h-Z43~1~-in the sum of One Thousand and No/100- 1 000.00 Dollars, on behalf of -H, H. Moeller dba_New- Modern Peat_Control of -__-Dezt0P, Texas ( as Peat Control J1~ in favor of ___Ctty of Denton, Texas l] for the term beginning on the 14th-______ day of Marsh.- 194_ and ending J on the_ 14th_ day of_2Lr4h-_-_-_- , 1920 , subject to all the covenants and conditions of said Bond heretofore issued. 4 This continuation is issued upon the express condition that the liability of the Western Surety Company under said Bond and this and all continuations thereof shall not be cumulative and shall in i no event exceed the total sum above written. ] Dated this 26th _ ____-day of Vecember 19 68. if WESTERN SURETY COMPANY BY- J. B. LeFyy0, ,ASST. SECRETARY Attorney in Fact j~ THIS "Continuation Certificate" MUST BE FILED WITH THE ABOV', nr)ND ~I( oo-~r e~ _fL 11 ~l ( f JI , - ' M, N 1 r y-l.2 Cf,GC/L.. Mee, I t i i~ I !1 I r I Ii I f 1 THE STATE, OF TEXAS, KNOW ALL 51EN BY THESE PRESENTS: — 2 COUNTY CF DENTON j THAT MELVIN JACKSON { ` of Denton County, Texas , in consideration of the sum of T^r. and no/100 ($10.00) Dollnrs---------- and other good and valuable consideration in hand paid bythe 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, 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 and County of Denton, State of Texas, and being a part of the { M. Yorchum Survey, Abstract No. 1442, and being a part of Lots 2 and 3 1 I of Block D of the Eastridge Addition to the City of Denton, Texas, by plat, recorded in Volume 5, Page 7 of the Plat Records of Denton County, Texas, and being a part of a certain tract conveyed by Knox Rhea Et Al to Melvin Jackson by Deed dated March 21, 1969, and recorded in Volume 582, Page 4 of the Deed Records of Denton County, Texas and being more particularly described as follows, to wit: BEGINNING at a point in the east right of way line of Bellaire Drive, f the same being 2.5 feet north of the southwest corner of said Lot 2, j Block D of the Eastridge Addition; THENCE south 89° 50' east parallel to the south line of said Lot 2, j Block D of the Eastridge Addition, the same being the north line of Lot 33Block D•of Eastridge, a distance of 30 feet to a point for a corner; THENCE south 00 10' west a distance of 5 feet, passing at 2.5 feet the south line of said Lot 2, Block D of Eastridge Addition, to a point for a corner located 2.5 feet south of the south line of said Lot 2, Block D of the Eastridge Addition; THENCE north 89° 50' west parallel to the south line of said Lot 2, Block D of the Eastridge Addition P distance of 30 feet, more or less, to a point for a corner located in the east right of way line of Bellaire Drive; THENCE north along the east right of way line of Bellaira Drive, the same line also being the west line of said Lots 2 and 3, Block D of the Eastridge Addition, a distance of 5 feet to the place of beginning and containing therein 150 square feet of land, more or less. And it is further agreed that 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. Forthepurposeof constructing, installing, repairing and perpetually maintaining 'guy wire facilities 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 k,4 along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said guy wire facilfles, or a, y part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes eforeasid the premises above described. Witness his band , this the by of -Ate( , A. D. 194?. e' SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the unders4ned authority, COUNTY In and for said County, Texas, on this day personally appeared...-... - . known me to be the person ...--whose name..---- _--subscribed to the foitgoing Instrument, And acknowledged to me that' _..:p executed the sun -e for the purposes and consideration therein exgreeaed. r tf GIVEN UNDER MY HAND AND SEAL OF OFFICE, This. .....<_1..--.day of...Z;'.aA.D. 1911 , Notary Public, County, Texas My Commieaton Expires June 1, 19.... A, JOINT ACKNOWLEDGMENT 014, $T U OF TVjXAS' l BEFORE ME, the undersigned authority, COU19Tf In and for said County, Texas, on this day personally appeared and.. his wife, both known to me to be the persons whose names ere 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................... . _ the said. . having been examined by me privily and apart from her husband, and hav!,,g 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....... (L.S.) -a_. Notary Public, County, Texas My Commission Expires June 1, 19 WIFE'S SEPARATE ACKNOWLEDG51ENP THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF In and for said County, Texas, on this day personally appeared _ „ _ , wife A..... . 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 declared that she had willingly eigaed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND ANn SEAL OF OFFICE,This.......................... dry of...,................................, A.D. 19............ (L.S.) - Notary Public . ..........................................................County, Tex" My Commission Expires June 1, 19............ CLERK'S CE C THE ST+' TEXAS, 1, ^4/1........, County COUNTY O er~~Jjof the County rt said County, do hereby certify a the foregoing Instrument of writing dated on the f ..............day of. j...A. D. 1 with its CertiBcat Aut ntication was filed for r^ record In my oEi n the ..........day of_...................... , A. D. f9 Q~~•,,a d olc.....~i,, and duly recorded this.... ......day of. ......................................A. 1).19.'7(~, a lock Mn th........_ Records of said County, in Votumon ages P WITNESS KY HAND AND SEAL OF THE COUNTY COttRT of said County, at omee Jn......... zP, . 4 tom the day am lea ibove writ County Cl . Co ty, Texas. (L S.) By..... /LQ4.eii~r........~ _ Deputy. ~ a A l; C~~ l i ' z o v 8 e ` FILED .,I RF OF 1, o N 2 1111 o M MET 10 r% J AKt g 9 By I THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT MELVIN JACKSON of Denton County, Texas , in consideration of the sum of Ten and no/100 ($10.00) Doliar~ and other good and valuable consideration in hand paid bK he 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, owned by him . Situated In Denton County, Texas, In the Survey, Alstract No. 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 a part of the M. Yorchum Survey, Abstract No. 1442 and being a part of Lots 4 and 5 of Block C of the Eastridge Addition to the City of Denton, Texas, by plat recorded in Volume 5, Page 7 of the Plat Records of Denton County, Texas, and being a part of a certain tract conveyed by Knox Rhea Et Al to Melvin Jackson by deed dated March 21, 1969 and recorded in Volume 582,1 Page 4 of the Deed Records of Denton County, Texas, and being more part- icularly described as follows, to wit, j BEGINNING at a point in the west r:.ght of way line of Bellaire Drive, the same being 2.5 feet north of the northeast corner of said Lot 5 Block C of the Eastridge Addition; THENCE north 69° 50' west parallel to th,e south line of said Lot 5, Block C of the Eastridge Addition, the same being the north line of Lot 4, Block C of the Eastridge Addition, a distance of 30 feet to a point for a corner; THENCE due south a distance of 5 feet, passing aw- 2.5 feet the south line of said Lot 5, Block C of the Eastridge Addition, to a point for corner located 2.5 feet south of the south line of said Lot 5, Block C of the Eastridge Addition; THENCE south 89° 50' east parallel to the south line of said Lot 5, Block C of the Eastridge Addition, a distance of 30 feet to a point for a corner located in the west right of way line of Bellaire Drive; THENCE due north along the west right of way line of Bellaire Drive, the same line also being the east line of said Lots 4 and 5, Block C of the Eaastridge Addition, a distance of 5 feet to the place of beginning andAn jjt ipA thee3 tat1t 0 s&ar@ifp8foge~HAI T@Rgsor less. 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 ,skid property. For the purpose of constructing, installing, repairing and perpetually maintaining guy wire facilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its .gents, 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 guy wire facilities, or any part thereof. TO HAVE AND TO HOLD unto the said the City of Denton, Texas SA aforesaid for the purposes aforesaid the premises above described. Witners his hand , this the yky of A. D. 19 tp~. i i SINGLE ACKNOWLEDGMENT THE STAri F OF TEXAS, l COUNTY OF..-D ON.D.? ( BEFORE ME, the undersigned authority, In and for said County, Texas, on this day personally appeared.--. known to ine to be the per"n ...-whose name_.Ia.-_. subscribed to the foregoing Instrument, and acknowledged to me thetL'-., be.-.-. executed the same for the purposes and consideration therein el pressed. //GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ....J~~.7.. ay of- 1 7 19_619 Notary Public, .....I I$_ ~M County, Texas y My Commission Er picas June 1, 19 A 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 hia 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, she, the said - . acknowledged such instrument to be her act and deed and she declared that jibe had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retrect it. GIVEN UNDER DIY HAND AND SEAL OF OFFICE, This day of... A.D. 19-..._. (L,S.) Notary Public, County, Texas My Commission Expires June 1, 19.___ WIR'E'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF In and fo,' 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 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........... (L S.) Notary Public . .........................................................County, Texas _ My Commission Expires June 1, 19...-....... CLERK'S CER~jFI ATE THE STF TEXA, r, ...Lti.v County COUNTY 0 erQ ed0ouo s Count o erLeb~ ~eD ify 1 tat a oreo n natrum ~lof]r `C~Di, and duly _/Q enticatl/°~• was filed for Clk cord is myo!B y the.... l.. ..,_..davofr`'..,... y ~RV- AithIts II Iyll`yi~ ent of writing wits le for re recorded this..... day of . ok ........-.........A. D. 19..7 aclock MI In the ................'3l.GJQf....................... .Records of said County, in Volum o pages-... WITNESS MY HAND AND BEAL OP THE COUNTY COURT of said County, at office In.............~ Go day and/y~~ ~I/y/g above wri County r County, Texas. (L 8.) By..../~.~rJGcLK-:. at r~~...., Deputy. T H z s ~ ~ z z w LE (H ° fa t ! 0 t. 41 A 0 0 f" X70 ~It "t fi 2 $44k d z w b HLIA 9 EHi 0.CL K. ' pg~ Off MASTER ELECTRICIAN'S BOND STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X That we, BEN BARNARD , as principal and THE HANOVER INSURANCE COMPANY , as Sureties are held and firmiy bound unto L. A. NELSON , Mayor of the City of Denton, Texas and to his successors in office, in the sum of One thousand ($1,000.00) Dollars for the peyment of which we hereby bind ourselves, our heirs, administrator& and assigns, jointly and severally. Tht! condition of the above obligation is that whereas, the principal herein was granted a master electrician's license in the City of Denton, Texas. NOW THEREFORE, if the said BEN BARNARD , principal herein, and all his personal employees, shall faithfully comply with all ordinances of the City of Denton, Texas regulating the installation, change, repair or altera- tion of electric wiring and/or apparatus, and that he and/or his employees will fulfill any contract made for such work, then this obligation shall become null and void; otherwise to remain in full force and effect. This bond shall be for the use and benefit of the City of D?ntor., Texas and for the use and benefit of any person having a cause of action against the principal or any of his personal employees growing out of a breach of a contract by the principal herein or any of his persona?. employees, for the installation, change, repair or alteration of electric wiring and -r apparatus. IN TESTIMONY WHEREOF, WITNESS OUR HANDS t Denton, Texas this the 9th day of _ December 19 69 Principal Ben Barnard THE HANOVER INSURANCE COMPANY Z4 Surat Margaret L. Cecil, Attorney-in-Fact WITNESS- APPROVED: City Attorney a THE HANOVER INSURANCE COMPANY New York, New York POWER OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That TH8 HANOVER INSURANCE COMPANY, a corporal oi, organized and existing under 62 laws of the Sure of New York, does hereby constitute and appnint - Margaret L. Cecil - of Dallas, Texas, Its true and lawful Attorney(s)-in-fact to sign, execute, seal, a.-knowledge and deliver for, and on its behalf, and as its act and deed, at any place within the United Sues, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, a follows: Any such obligations in the United States, in any amount. - - - And said Company hereby tatifies and confirms al: and whatsoever said Attorney (a,' -in-fact may lawfully do in the premises by virtue of these presents. This appointment is made under and by authority of the :ollowing Resolution passed by the Board of Directors of said Company at a meeting held at the principal office of said Company, o quorum being present and voting, on the efeventh day of December, 1961, which resolution is still in effect: "Resolved, that the Prr:'den: or any Vice President, in conjunction with any Secretary or Assistant Secretary, be and the; are kereby authorized and empowered to appoint Attorneys-In. fact of the Company, In its name and as Its acts, to execute and acitnowledfe for and on its behalf as Surety any and alt horde, reeodnizanees, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by much Attoroeys•in•tert sbell be as bindin upon the Cowper Is if they bed been duly executed and acknowledged by the regulatiy elected Officers otthe Company tr their own proper persons." IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President and its Secretary, this 8th day of February, 19 68 THE HnnANOVER INSURANCE COMPANY 'I Vitt PrMdene (Situ) Srrrtrary STATE OF NEW YORK i COUNTY OF NEW YORK J ° On this 8th day of February, 196H, before m.• cane the above named Vwe Praident and Secretary of The Hanover Insurance Company, me tonally kn.vn to be the individuals and officers described herein, and acknowledged that the seal affixed to the prectdirp fns rutnent is the corporate seal of Thr Hanover Insun nce Company and that the said corporate seal and their signatures as officers were duly affixed and subscribed tr said frutrumene by the and ority and direction of said Corporation. (Sea) Not,r PPstblfr Assistant My CommIselon Expires March 30, 1968 I, the unclersigoefSetreury of The Hanover Insurance Company, hereby certfy that the above and foregoing is a full, tae aed correct copy of the Original Powet of Attorney Isstttd by mid Company, and do hereby further certify that the Bald Power of Attorney is atilt in fora and effect G1V6N tinder my hand and the seal of said Company, at New Yak, New York, this 9t day of December to 69 ~ ................A....~„ Peep ill-024t ~~~fff~ ~ LAWYERS SURETY CpRP03AT1';1 100i FL071 FIDELITY U1 Vl mO ER SIDEWALK, CURB AND GUTTER BONO OALUl3, TEW AM (LSC POND #189803) THE STATE OF TEXAS COUNTY OF DENTON K14OW ALL MEN BY THESE PRESENTS; CITY OF DENTON That we, Pies Readar,Inc As principal, and the other sub- scribers hereto as suretles, are held and firmly bound unto the City of Denton, Texas, a municipal corporation, Its successors and assigns, at Denton, Texas, In the sum of One Thousand ($1,000.00) the payment of which well and tr„'y to be made, we hereby bind our:.elves, our heirs, successors, and assigns, forever firmly by these presents; WITNESS OUR HANDS ON THIS the 5th day of D•cemba r A.O. 1969 . The conditionr,oof the above obligation Is such that whereas the sr.ld P1eS "Reeder,:InL.- has mode application for a permit to construct, repair and reconstruct sidewalks and/or curbs and gutters In the City of Denton, Texas; NOW THEREFCRE, If the said Ples Reeder4C,yshall do all work In the construction, repair and reconstruction of any sidewalk, and/or curb or gutter In a good and workmanlike manner, and If the said . Ple s Peedar,lnc. shall faithfully and strictly comply with the specifications and with the terms of all City ordl:.iance,+, resolutions and regulations that are ncm or may be In effect, in Denton, Texas, relating to the construction, recvrstructlon and repalrs on sldew.,lks and/or curbs or gutters, end if the City of Oenton shall be fully Indemnlfled and held whole and harmless from any and all cost, expense or domaga, whether real or assorted on account of any Injury done to any person o, property In the prosecution of said work, that may arise out of or be occasloncd by the performance of said work, by the principal herein, and If said principal shall without additional cost to the person for whom the work was done, maintain all sidewalks, and/or curbs or gutters, so constructed, reconstructed, or repaired by said principal for a period of one year from the date of such construction, reconstruction or repair, to the satisfaction of the City Engineer, and shall reconstruct or repair such sidewalk and/or curb or gutter to the sotlsfaction of the said City Engineer of the City of Denton, Te:;as, at any tima within one year after the construction, reconstruction or repair of such sidewalk and/or curb or gutter, upon a ten day notice from said engineer; then this obligation shall be null and vold; otherwise, It shall remain in tull force and effect. The term of this bond shall be for a period of one year from the date hereof, FITNESS OUR HANDS ON THE DAY, MONTH AND YEAR ABOVE WRITTEN. Pt ES REEDERRt INC Principalr lK~E /~/L. APPROVEOr By ~ Its President Surety Mayor EaWYE1S SHF.TY G9NVATI01 APPROVEDi sy'...6in._ab t. If. AUSTt1V AriUMNLIAN-FA0 City AtSvrney ^ FIDELITY13ONDS APPLICATION FOR BOND--ANY KIND SURETY BONDS LAWYERS SURETY CORPORATION COUNTTOP A Capital Stock Company DE►UTT Home Office: loch Floor, Fidelity Union Tower AGENT PAONE RIvtosior 7.6207 Dalla) 1, Texas PRINCIPAL Date$ r ^ "Mt OFFICE CAUTIOIIr NEvaR FAIL TO RIPER TO NON% OFFICE BOND NO. WAIN WAITING DaPUT r ties ~~r' in ~ HOME OFFICE BOND NO. 189803 AGENT_ M" M41111 7 PREMIUM RtetRYE DURATION~YEARS L 17 / J HOME OFFICE BOND APPLICATION DIRECT PRINCIPAL A17101411111 u ►tM MOi~r~ I~t MIND or BONG AMOUNT OP BOND ■OND IN FORCI FROM BOND IN FORCE TL PREM~NI _Sidmik•hrk i Mtur S 10o0e04 ll*549_ 12.5010 :10.00 BTe'La OF CAes AND COURT NUMBER AND COURT NEXT ANNUAL PREMIUM OATI I• TAtla AN ANNVAL !R[MIUM AR CNTRT DATE IS HIS TEXIMP-11-111. It N4* land Nudid at raplralien of rhlt I and? tat 120549 "s • PRINCIPAL DATE PAID ENTRY DATE AMOUNT PAID RICCIPT NO. COMMISSION BOND NO. 1 d OATS CHECK NO. I'Term Premium" memos a premium Nheul Ihere 11 only one premium. the Nril premium-en; it Covers the enlira,141M el period of time the red is to of can run. City of ~t~o Text, OBLIGEE; _ Hthe Prlnct pal on this Bold is a mur4d woman, thei her husband must See, loin with her in signing an this application, Further, her husband mutt tt join oin hr. r y pro forma in signing the bond. 1 U she Is not a married woman. The application and bond must each show tba, she is unmarried. "Ibs"s b Milos i 0101160jelp ees Deiaadoni's AtlernaTR Marling Addrna 0074 Nature of bond IIQOIiSd Willi 1.11 po Hieulars Alse c"ach an uad duplicate copy of Bond. Ito /''11 'A~~ LSD finaadDt Swamsal (it Angthr attach as an oahibil) Moo 1141#1e13en: Mama: Mailing Address: APPLICANTS MUST SIGN ON REVERSE SIDE it 1. Position omu It not 2 Kind of business of Employer (Obligee)--_ m Employer Fidelity Band 3. If you har is money, give details of this, inci',Iding accounting to Employer - Alecto Extra 4. Names and mailing addresses of Employers for past 10 years: tr . Sheet Needed The undersigned do hereby represent that the statements made herein are r.adr as an inducement to LAW'Y'ERS SURETY CORPORATION to a. rcute sbe bend applied fm billion and are true and correct and, should LAWYERS SURETY CORPORATION cxecult aid bond, do beret) further eg, ee a fol lows: First, to pay to LAWYERS SURETY CORPORATION the premium charge of Dollars annually in advance on the- --day ol_ ,n each and fiery year, at long as liability shall continue under said bond, or any continuation or renewal thertol. air ubditute therefor or a new bond !said bond or in such eon tinuatian reiltwal or substnule or new bond bein hereaafter referred to as said bond), and until evidence satisfactory to LAWYERS 5URETY CORPpRA TIObf of the it initiation of such liability ahalF be furnished to it at its home office m the City of Dallas: Secdnd, to indemnify LAWYERS SURETY CORPO RATION against all lost. Iiabibtr, coats, damages, ttorneyi lees and expenses whfever, which )AWYERS SURETY CORPORATION may sustain or Incur by.reaon of executing laid nbond, continuation, or renewal of said bond or a new bond or substitution thereof, or in conjunction therewith, or any t In co on thirre Y a:ie1ease thmrefhis ~andt fa en farrt( anyc ulathe lagrnmenli or <DUOr iionra dhereini c°nurned~+7hRd,tthtaih eL AWhfiERS "'~RFTY CORPORATION t%hall Fast the right, and is hereby authorized. but not required: Ia)) to adjust settle, or camp furtive any claim, demand, a. s, or •.igmlint upon said bond, and defend such suit and to mr peal such jud((men,, ands (b) to fill in an bank or blanks leh in this application and indemnity eontr.-t, and to correct any 1 error in filling in any iu3 blank or blanks, it btsnR F.erebt~ agreed that any such insertion or eorrenion shall be prima face correct- Fourth, that in SL a, do an 1. suits or fudg- even of eyri settlement or tomyromise, in jIocit faith, o liability, loss, costs, damages, atmrneyi fees and wren sea claim Attornq in.Fact of IAW'Y'£RS '1LETY CORN, e: the menta, an rt<m,eed statement ilia soli !worn to 6y any Attorney in Fmet or Deputy PORATIO voucher or vouchers or other evidence of such pay men,, set Itman to promi se or aGorney fee or expense shall De prima facie evidence of alit fact and extent of payment by LAWYERS SURETY CORPORATION an of the liability and indebtedness of the Principals On the Rand and of the undersisned in any claim, demand, or suit, Fifth, to waive, and do hereby waive.al all rigM1I to claim any pproptrl , ineludin( homestead, as aso% from levy, execuLon, ear, air arbor legal process under the law of any pale or states; h, that LAWYERS S IRETY CORPO MTION short hove tt+e absolute right to can. ceI aid bind in accordance with any tincellatiun provision therein contained, or to A,rocure no release from said bond under any law limit LAWYERS SL'RFTY' CORPORATION Is hereby teleaned ham any dome as lh at ma be runaine by the Principals on paid Mod or undersi red tof reason of such y Cancellation or release; Seventh, that this obligation shag be or the bane tail any errors or c.mDpanrr that may join with LAWYLRRS SURETY CORPO. RATION in executing said bond, or that may,, at the reque 1 of LAWYERS S1 R~:TY CORr130WI0N, execute said bond, and also for the btiefit of any compsay or companies that may +ssumt reinsurance or eicas+nsurance upon me ,it :.aid: Eighth, that separate, fuitt may be brought to itcaver here. under as causes of action short accrue, and she hrinQ of suit or the recovery of judgment upon my Cause of action shall not prejudice or bar the bring. ins of other suits upon other causes of action, whether theretofore or thereafter arsinC; Ninth, that nolhins herein shall be construed to waive ,r abridge A"my riifit of remedy which L,kWYERS SURETY CORPORATION might base it this ri irument were not executed, this instrument being eumultive ~ thereof; Tenth, ail premium,, oblixatinns, memolI~~ and rights or claims are due and pantile nn the filar of the month unless changed by written Contract, and same is payable at the Mitre Office of LAWYERS SURETY CORPORATION, City of Dallas, Dallas County Tema. Any suit air claim under or on ~~~~~Jllll this application or indemnity is to be performed and payable in the City and county of ltallas, State of Texas. the undersigned further ,onset! and agrees that LAkk'Y'ERS St RETY CORPORATION mhall have the right at any time to terminate and cereal its future liability to surety and go on any Land executed byy it for the principals ,m said bond or the pndersigned on this ai litation and indemnity and in the event of such action on the part of LAWYERS SURETY CORPORATION, the undersrlIttne.l arree, to furnish LAWN ~AS rk'RETY CORPORATION with evidence satisfactory to it of the termination of its lubihip and aE*ea that LAW'1'lP S SL RETY CORPORATION shall fit be responsible to the undtrsigned for any lass or damage T) that roof result to the said yri,cipAls or said indtmnitnn by ration of much gals n, any statuwry provisions to the cuntnry nolwithaUndinr; Eleventls, ~a that the Provisions herb" shah bind the pe ndr■Ir and the undereigned and their heirs, executors, adminlstrotory successors end Assigns of the tinder. li ned Jo ntly and severally; and Tvicirlh, it is specifically agreed that if or when any liability, claim, demand, suit or judgment la rendered on or under 'a~d Word, whetfier least or valid then the lull am,oune thereof with reasonable expenses and altnnnty lees forthwith is a liqquidated demand or debt tae LAWYERS SURETY CORPORATION and the principals On old Bland and indenm,tors herein agree to furwith pay LAWYERS SURETY ORPO- RATION said demand claim. debts and judgment, and LAWYERS SURETY CORPORATION, it lamt is not paid h+rthwith, may immediately sue the lid principals and said imfervinwro anal bee ttachmertt, garnishmen O, sequestrations, receivers, injunctions, tearporary, inlunetiont, mandamus and all sec al and extraordinary remedies to collect fait' terounts, umattdt, claims, indebtedness, and Judgments; Thirteenth, that each corporate undersigned, if any warrants that it is financially interested in tht ttesuhor of said bend and in the performance of the obligtion which mid bond is given to secure and that it is lull) empnwertd at obGgto itself hereby; FF'urltenth, that this agreement shall be liberally eontrutd at ti to fully protect and Indemnih the Compaq; Fifteenth, it is agreed that tire undersigned art each acting is the agent and attorney in-fact frr each other and for the prrnci its on said Oand icie axi a%ocation afnd,indemnity Agreement:r5 ixdt enih, it dis sresuhica'I Is agreed & a is cand umuf tit of everylhingtefse din this Ar PICI raIN And indem ty Agretmenln thot statement L A WYERS SURETY CO RPORATION may at any emi ersac off laid bond as purely and/or at its election may hire the tale, trots action, or proceedings, 'r any pail of It or them dismissed, or any a real, writ o ror, certiorari, or any pat of the Appeal or writ of error or certiorari dismissed I Lawyyers Surety t orporatsoe, thrnueh Its Aeornerln-Fact is hereby made the agent and Attorney-in Fact of the undersigned, and the principab on Rai bond for all ppur• poses) +I the ppremum for `1he firma year is nil rile, in ad.anse nr if any annual or subsequent Premiumorx not paid in edvunn on laid Bond. IAIk'la'IF SU REtCY CORPORATIONis only required to mad a letter to the last known addrest to the principal to the attorney of record of alit principal, or Ire the CCrin,64 or his Attorney of record actual notice, fm 72 hours befurt taking goy of the action, right or powers et provided Inr in this paragraph. Lv~W Y'ER5 SURETY CORPORATION is given the same right, power, and authority pptuvided trio herein (n the even, collate al, indemnity or serarity his been oven b the unders~i fned or the U,mrilail or Principals in the bind or taken by LAW'Y'ER5 SURETY CORPORATION trim any one, if, in the OI+inion of WY RS SURETY CORPORATION, acting i mush its AOorn<iin.FAct, it is believed hat the collateral, indemnity, or security it ties all 16ent to Jul) indemnity and hoid hoteliers LAWYERS SURETY CORPORATION as surety on amid hand, or if it feels itself insecure at a surety on the, amid bond, sid [he tame kind of notice spar ided for in this paragraph is the Only notice required for std met ion, r ht And power. lfowevtr, enlfaterd s.eofection to 1AWYEAS SURy.TY CORPORATION no& be put up during slid 72hour period and LAWYERS SORRY CORPORATION will waive its told notice and remain impp Paid bond, subject to all cos Jdniom and provisions hertol; Se.ern, if this band If cancelled at the rtquet of LAWYERS SURETY' COAPORA7fON. return premium will be allowed an a Prorated basis soilless the courllatian it eh result ti rmeipa]'t tie acct or fault. 11 6rnA h can. at s•quest of irlncipal air a the result of principal's neglect or fault, return premium will be a!3owe4 an a Asia ail the s art team me fable now bein~ tail gd used y the i.r• nsurance Comianies lot there term rate.. No Premium to p, he returned where prineipa comer i bands unless prorated Premium exatedt 1110.^a minimum end premium, All inside have an earned minimum premium of !10.00. Bari clasmd by, Lawyes Su fly Corp ration a term hernda are no' subject Id inl return premio^ and no return premium will be gold. Bond, tthatrun for an indefinite pv,od or shoed if swh by Lawyers Surely air". ration ale not so feel to any r:turn premium fay the fiat year and me return Premium will be paid. The minimum lint year premium for film character of and Is an aplaud premium. Aid prtmlum will be {elurnee of there It s Claim or demand or a restorable expectation of A claim at demand, mild the furl 1+rem• its Ins a reed to be farmed, and principal mut mate lads actort~ ptugr there is no ouch claim or demand or rtasunablt ex Ptctation of a twin or de:~loll, Erghleemlh; 31 the rate set by the Board of 7msurance rommtdionrrs of the "ate of Texas art in conflict ei&..tr up or down or in any manner with %his Ap I+catien, then and in Prim even[ It Is speciRcallf) agreed that tht raise met to the mid Board ve to be read into and made a part of tiis application and InRemns[y agreement by reference, as though writlso Afifth, and It Is Asrted [hat flair wilting Otti gatory Is amended to meet the told ilea of the X614 Hoard. Dated at able --de, of A. D. Iq-. APPL;QANTS SIGN BELOW: Husband must sign with Wife. unmarried so sthte, - air... STATE OF TEXAS, COUNTY OF----___-. BEFORE ME, the undersigned authodir, of IMP day personally appeared- known to me to be the person whose name Is subscribed Io the foregoing Instrument, and ockpowledged fo me that he executed the frame for the purpaes and c'onsidotatlon therein expressed, and subscribed and swore to some belore me. GIVEN UNDER MY NAND AND SEAL or OFf1CE this---day of- A D 19__ Notary Public in and for.. -County, Texas. 7 GULF INSURANCE COMPANY DAUAS, TKM Bond No 903475 LICENSE BOND KNOW ALL MEN BY THESE PRESENTS: That we, URT, E. 70LLY as Principal, and Ma GULF INSURANCE COMPANY, incorporated under the taws of the State of Texas, with its Home Office In Dallas, Texas, as Surety, are held and firmly bound unto-SITY OF DENTON, TEXAS as Gbltgee, in Penal sum of ONE THOUSAND AND 114 }.00**********************,bollers IS 1000.00 , lawful money of the Unit!j States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, sue• eassors and assilns, jointly and several'y, firmly by these presents. WHEREAS, the Principal has applied to the Obtigee for a license AS AN ELECTRICIAN NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUaH, That if the Principal shall Indemnify the Obligee agatnst ail loss to it caused by said Principal's breach of any ordinance, rule or regulation relating to such license then the above obligation shall be void, otherwise to be and remain in full force a„d effect. PROVIDED, THE LIABILITY OF THE SURETY upon this bond :hilt be and remain in full force and effect for the full period of the Ilcensa, and renewals thereof, Issued to the principal above cram. d, or until ten days after rxeipl by the ODlrgee of a written ,wUce signed by such Surety, or its outhorUed agent, statinl Mat the Ilabtlity, of such Sm Oy Is thereby terminated and canceled: and provided farther, that frothing herein shall affect any rights or liabilities which shall hnvs accrued under this bond prior to the date of such termination. nd dated the 12 -day of December , 19 69 4 : • EARL E.. •~~1.a• ~fufa.~ ~pYa Y1 f . LQI,I,Y ~ : A/ AAA ANI ~ 9'~ • a, rM1nerpd • a. : • gy Cosa r,'4! , , S 6~Py GULF INS CE PANY By' Resident +4•a+ By HEY & KINL3r INSURANCE A, Re Buchel, President rws t nns ta.a» sell RICEIV ID COOED CAROB VERIFIED UNOW. APPROVAL FOR HOME OFFICE USE ONLY AGENT AGGRESS FROM ~ ►IIEMIUY PERIOD ~ TO FOR HOME OFFICE UtE ONLY LOND ANOVNT TOTAL MWIUY NO. DM TR. N0. OAT q. RIGS LOC. STATE R AGENCY NO. CONN. TERN CLAEE COVER REINa.CO~~ v REINOURANCIE CEDED RLINSYMMCE CESQON LIABILITY REINSURANCE CONN. COMPANY CODE NUMEaR CEOLD PRa NIYN 1 I~~ EANVYER S SURETY CORPORATION A CAPITAL STOCK COMPANY SURETY AND FIDELITY BONDS 1020Fidelity Union Tower Vk Cuaaie McCurcHeor+.Al. DALLAS Pacific at Akard Streets •e10,06Ml , TEXAS 15201 rHO,vc lilvcnsioc 7•8205 Home Office Endorsement No 32612 ENDORSEMENT This Bond is not cancelled but continued in force to December 29 '1910-1 conditioned and provided, nevertheless, that the losses or recoveries on it and any and all endorsements shall never exceed the penalty set forth in the Bond and whether the losses or recoveries are within the first and/or subsequent years or within any extension or renewal period, present, past or future. ALL OTHER TERMS AND CONDITIONS REMAINING UNCHANGED Attached to and forming a part of Home Office Bond No. 32612 of LAWYERS SURETY CORPORATION, effective date of the original Bond being 23rd day of December 19 53 . Principal David Mulkey _ Kind of Bond Sidewalk Obligee _ City of Denton, Texas In testimony whereof Lawyers Surety Corporation has caused this Bond to be executed, signed, sealed and dated ~1. 29th day of December 1969. X / ' {David Mu) cey) Pilneipal LAWYERS SURETY CORPORATION, Surety By- A ray'-is-lei of LAWYERS SURETY CORPORATION No. 171C Standerd Form Bond Endorsement. i P I i I s s 0 f c; I NO. q-y AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, 1969, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO CERTAIN PROPERTY KNOWN AS CITY LOT 7 OF CITY BLOCK 324 AS SHOWN ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopt- ed January 14, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance No. 69-1, be, and the s,%me is hereby amended as follows: All the hereinafter described property is hereby re- moved from the 'IMF-l" Multi-Family District as shown on said Zoning Map, and all provisions of Ordinance No. 69-1 adopter' the 14th day of January, 1969, as amended, shall hereafter apply to said property as "OR" General Retail District in the same manner as other property located in the "OR" General Retail District; All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, known as City Lot 7 of City block 324 as shown this date on the Tax Map of the City of Denton; being located at 313 West Mulberry Street. SECTION II. That the City Council. of the City of Denton, Texas, here- by finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things, for,the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton and its citizens. 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 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 o~ day of December, A. D. 1969. -142 L. A. NE SO , MAYOR CITY OF DENTON, TEXAS ATTEST: ~ g4n~ OKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPR VED AS TO LEGAL FORM: J Q. BARTO , CITY ATTORNEY Y OF DENTON, TEXAS . 'G -4 aw l i O 0 `7 J r j' e AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXA:', HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 23RD DAY OF DECEMBER, A. D. 1969• R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Mayor L. A. Nelson is hereby authorized to sign and execute a general warranty deed from the City of Denton to the United States of America, conveying a tract of land 101.78 feet by 115.20 feet by 105.00 feet by 115.24 feet at the northeast corner of Locust Street and proposed McKinney Street, containing approximately 11,910.65 square feet of land, for the consideration of the sum of THIRTY-FIVE THOUSAND SEVEN HUNDRED THIRTY-ONE AND 95/100 ($35,731 95), which sum was heretofore approved by this Council, and which land is more particularly described in the General Warranty Deed attached to this Resolution and made a part hereof; and said act of signing by Mayor L. A. Nelson shall be an official act of this City Council. PASSED AND APPROVED this 23rd day of December, A. D. 1969. L.-A.-NELSON, MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPRO D AS TO LEGAL FORM: J69K Q. RTO , C Y A EY TY OF DENTON, TEXAS THE STATG OF TEXAS X COUNTY OF DENTON Z I GENERAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF DENTON, TEXAS, a municipal corporation, acting through its authorized officials pursuant to a Resolution adopted by the City Council of the City of Denton, for and in consideration of the sum of THIRTY-FIVE THOUSAND SEVEN HUNDRED THIRTY- ONE AND 95/300 DOLLARS ($35,731.95), to it duly paid by the UNITED STATES OF A"IFRICA, the receipt of which is hereby acknowledged, has granted, sold and conveyed and by these presents does grant, sell and convey to the UNITED STATES OF AMERICA and its assigns all that certain tract of land situated in the City of Denton, County of Denton, State of Texas, and more particularly described as follows: Being a part of Block No. 19, of the su',division of a 640 acre survey patented to John R. Henry, Assignee of the B.B.B. & C.i..R. Company Survey, Scrip. No. 111, Abstract No. 185, dated October 16, 1857, and recorded at Austin, Texas, in Volume 29 Patent No. 963 of the State Abstract of Land Titles-Denton County, Texas, aad being that tract of land retained by the City of Denton by Deed recorded in Volume 543 at Page 145, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1-1/2" brass cap mounted on a 5/R" steel rod set in concrete for a corner at the intersection of the Fast line of Locust Street (70' R.O.W.) with the New North line of McKinney Street (90' R.O.W.); THENCE North 00° 45' East with the said East line of Locust Street a distance of 101.78 ft, to a point for a corner; THENCE South 89° 15' East a distance of 115.20 ft, to a point for a corner; THENCE South 00° 45' West a distance of 105.00 ft, to a point for a corner in the said New North line of McKinney Street; THENCE North 87' 39' West with the said new North line a distance of 115.24 ft. to the Point of Beginning and containing 110910.65 square feet of land, and all bearings refer to Magnetic North, Magnetic Declination 9° East, together with all right, title and interest the Grantor may have in the banks, bed and waters of any streams bordering the said land, and also all interest in any alleys, roads, streets, ways, strips, gores, or railroad rif,hts of way abutting or adjoining said land and in any means of ingress or egress appurtenant thereto. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances therto in anywise belonging unto the UNITED STATES OF AMERICA, and its assigns forever; and the said corporation, Grantor herein, does hereby bind itself, its successors and assigns to warrant and forever .lefend all and singular the said premises unto the said UNITED STATES OF AMERICA and its assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. IN WITNESS WHEREOF the said corporation has caused ttnse presents to be executed on this 3 day of t, 19-~I. CITY OF DEAiONNI TEXAS By l4e L. A, NELSON, Mayor ATTEST: City Secretary THE STATE OF TEXAS j COUNTY OF DENTON j BEFORE ME, the undersigned authority, on this day personally appeared L, A, NELSON, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledbed to me that he executed the same as the act and deed of the City of Denton, Texas, a municipal corporation cf Denton County, Texas, aAd as the Mayor thereof, and for the purpuses and consideration therein expressed, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13L- day of , lgkLP Notary Jic in and for Denton County, Texas ( S E A L ) My Commission expires: 6"1- 7/ y0.• r• .1y • ~ti y4~ s ' {{{jjjJJJ 7 11 4 yr ~ A ` I' .r 00 r att. " * tr y c 4•. t5' t 1 ~ F t 1 , 1 q. r k 1 MASTER ELECTRICIAN'S BOND STATE OF TEXAS j KNOW ALL XrN BY THESE PRESENTS: COUNTY OF DENTON That we, BELVICK ELECTRIC COMPANY as principal and GENERAL INSURANCE COMPANY OF AMERICA as Sureties are held and firmly bound unto , Mayor of the City of Denton, Texa9 and to his successors in office, in the sum of One thousand ($1,000.00) Dollars for the payment of which we hereby bind ourselves, our heirs, administrators and assigns, jointly and severally. The condition of the above obligation is that whereas, the principal herein was granted a master electrician's license in the City of Denton, Texas. NOW THEREFORE, if the said BELVICK ELECTRIC COMPANY , principal herein, and all his personal employees, shall faithfully comply with all ordinances of the City of Denton, Texas regulating the installation, change, repair or altera- tion of electric wiring and/or apparatus, and that be and/or his employees will fulfill any contract made for such work, then this obligation shall become null and void; otherwise to remain in full force and effect. This bond shall be for the use and benefit of the City of Denton, Texas and for the use and benefit of any person having a cause of action against the principal or any of his personal employees growing out of a ),:each of a contract by the principal herein or any of his personal employees, for the installation, change, repair or alteration of electric wiring and/or apparatus. IN TESTIMONY WE?EREOF, WITNESS OUR HANDS at Denton, Texas this the 23rd day of December , 19 69 . ELVICK 6ECTRIC COMPANY Princip BY amERAL INSURANCE COMPANY OF AMICA Surec es BY L. E. ea Attorney-In-Fact WITN483: APPROVEM City Attorney G6dJER4L INSURANCC COMPANY OF AMERICA .~`•'A Hom* offrcc 1747 8,w4frn Ar.. N.F, 5raef., W.,kyon 9SIOS S• SAFICO INIU-ANC. POWER OF ATTORNEY No, 1826-B KNOW ALL MEN BY THESE PRESENTS: That General Insurance Company of America, a Washington corporation, does hereby appoint -----------------------------------L. E. JONES-------------------------------------- its true and lawful attorney(sl-in-fact, with full authority to execute on behalf of the a mpany fidelity and surety bonds or anderrakings and other docur-cnts of a similar character issued by the company in the course of its busi- ncss. and to bind General In>tilunce Compony of America thereby as fully as if such instrumcntc had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, General Insurance Company of Americo has executed and attested these presents this. 2Q day of__2LmfeID1~er~i , 19-62_. /c/~JSV•r1.L~lQ~',l":l i.v, ~!/.k "°r""ttit rv~s^!,. CERTIFICATE Extract from the Nyl.aas of General Insurance Company of America: "Article VI, Section 13. - FIDEL17F AND Sl RFAY HONDS , the Chairman of the Board of Directors, the e President, any Tice President, and the Secretary shall each have authority to appoint individuals as attorneys- in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. "The power of appointment granted in this paragraph to the officers enumerated ma$, be exercised by each of them severally, regardless of the availability or unavailabiilty of the other officers enumerated. on any Instrument mak' or evidencing such appointment the signatures may be affixed by facsimile. "on any instrument ernferting such authority or on any frond or undertaking of the company the seal, or it facsim. ile thereof, may be impressed or affixed or in any other manner rcproduccdi provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." 1, 71. D. Ilammcrsla, Secretary of General Insurance Company of Americo, do hereby certify that the foregoing is a true and correct copy of Article VI, Section 13 of the By-Laws of said corporation and of a power of attorney ex• ecuted pursuant thereto and that both said By-Laws and said power of attorney are still in full force and effect, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this _ 23rd _day of December 19 _69. o~~~L4 QC ~r sy CORPORATE SEAL ttutt&*? 1pX c9 T C y T0 C) ¢ w t, O ` J H , y ye 1 X31 A ~ty,i f~)F ti e'c ~f A Y N T E 1 A :;•C r B O N D Y,\, U4 ALL IwN BY.7RESE ??,ESBNJ. j TRAT r STEED CoNSTAUCTION CoRPANY , (Hereinafter GENERAL INSURANCE COMPANY OF AMERICA r~ called the Principal), as Principal, and the corporation organized and doing business under and by ,.I•. WASHINGTON and duly licensed for the purpose virtue' of the laws of the State of, A of making, guaranteeing or becomin; sole surety upon bond or undertalcing required or authorized by the laws of the State of Texas , as Surety, are held and firmly ; , herei'naftor~ , bouni Tinto CITY OF_DENTON, TEXAS called the Obligee in the'just mad full sum of One Thousand Three Hundred Fifty-Two,: - - - - - - - - - Dollars and 301100- - - - - - ' ($1,352.30- lawful money of the United States of America for the payment y ` of "which, wall and truly to be made, we hereby bind ourselves, our successors and 41 , ,assigns, jointly and severally, firmly by thgse presents. VME~ZAS, on the 120 day of AVgust , 19,69 ; the said Principal, As contractor, entered into a contract for Trade Winds Trailer Park Offaite Water Main ' i INEREAS, under the terms of the specifications for said work, the said Principal '%'-It required to give a bond in the amount of One Thousand, Three Hundred Fifty-Two and shoo - - - . . - _ _ - - - - - - - 'Dollars 1,352.30- , td guarat,too the replacement and repair of defective material or faulty workzanship, i furnished or installed by the said Principal, for a period of One (1) Year from and after the date of the completion and acceptance of payment,,. ; ' X014 Ta'EREF03E, if the said ?rinci~al shall for a period of One (1) Year froa'~ and after tho date of the completion and acceptance of the said work by said Obligee replaea dnd-repair any And.all•,defcctiva mateYials or faulty workmanship in said work, then.•the above obligation is to be void; otherwise to remain in full force and effect. ^y ' 19,- SbALED:with our seals and dated this 22nd day of December 69 . ' STEED CONSTRU r1O COMPA , w (pr ci 1) Zy. • CEN$RA INSURANCE COMPANY 0 AMERICA 8axbara Ro cam, Attorney-in-Fact GENERAL I"SUP NCE COMPANY OF AMERICA Hom, 0l60~ U/7 B,ootlrn Av.. N.E., Seau4, Wm hmpien 46105 •AFECO rew~•wn POWER OF ATTORNEY No. 1176 KNOW ALL MEN BY THESE PRESENTS: That General Insurance Company of America, a Washington corporation, does hereby appoint -------------------------BARPARA ROKKAS, Fort Worth, Texas---------------------------- its true and Itnful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its busi- ness, and to hind General Insurance Company of America thereby as fully as if such instruments had been duly executed by its regul.trly elected officers at its home offi.e. IN WITNESS WHEREOF, General Insurance Company of America has executed and attested these prescnts this. 19 lay of Arril 196. I✓.nc.I,.•..CQ~ .F ~,a, X 0/4 ~i• 'vLfT LAt C~/ to t$Nw, CERTIFICATE Fxtract from the h)-Lass of General Insurance Company of America: "Article VI, Section 13. - FIDELITY AND SURETY BONDS , , . the Chairman of the Board of Directors, the President, any Vice President, and the Secretary, shall each have authority to appoint individuals ns attorney's. in-fact or under other appropriate titles sith authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. -'fhe power of appointment granted in this paragraph to the officers enumerated may be exercised by each of them severally, regardless of the availability or unavailability of the other officers enumerated, on any instrument making or evidencing such appointment the signatures may be affixed by facsimile, "Orr any instrument eonfetring such authority or on any bond or undertaking of the company the seal, of a facsim- ile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of tiny such instrument or undertaking," I, W. D, Ilammetsla, Secretary of General Insurance Company r)f America, do hereby certify that the foregoing is a true and correct copy of Article VI, Section 13 of the by-Lams of said corporation and of a power of attorney ex. ecuted pursuant thereto and that both said 13y-Lass and said poser of a-torney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and afrixcd the facsimile seal of said corporation this 22nd day of December 19 69 , 0~~~,tt CO#Akr S E A L 6tt+IT Art 1923 a of Wn1" r~re'nM.«.-.. r«w,r~t-~-•, «,n,«.e~e».n e.w. 64012 Rt 10161 PRINTED IN U.O.A, }7 i'` N'>7" K Y t~~ r ti f• }^,I~' ",T"AKIr~ a"j tN T~rr!r~T~ r'r l ri^*L .ti YyOi y} . /y r Y , tk 5AJ .wM'/ A ~rA ? % ! '!'i!f P Jrtty'~ I y ~a l: .r..1 r ~ t ~ i~1~ i{ f ~ ti."~t~ .'t r~ " 4 rG"~~'4r ~.f \ ,p t l~ J x ~y~ ! k~ h~ ~t ~+n R ~ ~ ~j,.r~ i~ 'Sy+ ~+1+>;' RY«.: rF 7. r 't.'9, .A~~'/rA fr'}.~t'~h.,,~•~.~~1~ ~A, y ~ ~ ~ '~'r~« M^fl . 5.!Ot ~~,~'F'~u t~~}~r s `I~~J' I NO. 844109 ON 8SHALFOF SIFED CONSTKUCTION COMPANY TO ^ CITY OF LINTON, TEXAS c 9 l THE STATE OF TEXAS KNOW ALL DIEN BY THESE PRESENTS: COUNTY OF DENTON t 12452 That the Commissioners Court of the County of Denton, Texas, acting by and through the undersigned JUDGE of the County of Denton, State of Texas, being heretofore authorized by Resolution of said Commissioners Court to execute thin as an act of said Commissioners Court in consideration of cor- recting a former transfer of land conveyed to the County of Denton by the City of Denton, `texas, for a public parking facility, by these presents does Grant, Sell and Re-Convey unto the said City of Dentor, Texas, the following land for the purpose of correcting the aforesaid deed to said County by said City, to-wit: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, being a part of the B.B.B. & C.R.R. Survey, Abstract No. 185, and being a part of Lot No. 8 of the Geers Addition to the City of Denton, Texas, as indicated on Plat dated May 12, 1881, and recorded in Volume Q, Page 86, of the Deed Records of Denton County, Texas, said Lot being conveyed by Mrs. J. L. Presley estate to the City of Denton, Texas, by deed dated September 7, 1937, and recorded in Volume 269, Page 217 of the Deed Records of Denton County, Texas, and being more particularly described as follows, to-wit: BEGINNING at a point in the west boundary line of said LoL No. 8, said point of bPgi.nning being 155.0 feet north of the north right of way line of East McKinney Street and 150,0 feet east of the east right of way line of a former street known as Commercial Street, and being 5,0 feet south of the northwest corner of said Lot 8; THENCE east, parallel with and 5.0 meet south of the north line of said Lot 8, a distance of 70.50 feet to a point for a corner; 1111ENCE south a distance of 12,01 feet to a point for a corner; . THENCE west, parallel with and 17.0 feet south of the north line of said Lot 8, a distance of 70.12 feet to a point again in the west line of said Lot 8 for a corner; THENCE north with the said west line of Lot 8, a dis- tance of 12.0 feet to the point of beginning, and con- taining 8$3.72 square feet of land, more or less. f f . TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Denton, Texas, its successors and assigns, forever, so that neither the sdd County of Denton, Texas, its successors nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right, or title to the aforesaid premises or appurtenances, or any part ;the r of. WITNESS my hand this the day of r , A. D. 1969. t TO OD , JUDGE OF TH COUNTY OF DENTON, TEXAS ATTESTS CO T L•ER THE STATE OF TEXAS A COUNTY OF DENTON N Before me, the undersigned notary public in and for Denton County, Texas, personally appeared the Hono;,able Tom Todd, Judge of the County Court of Denton County, 12exas, being here- tofore duly authorized to sign and execute the foregoing ins%ru- ment by Act of the Commissioners Court of the County of Denton, known to me to be the person and official whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein a;pr,essed, and in the official capacity stated. ~G 'N•UND MY HAND AND SEAL OF OFFICE this l' C.ay of A. D. 1969. 1 NOTARY PUBLIG IN AND FOR DENTON JOUNTY, TEXAS r ` s$ I ~1 \ >fU310'OO U3kb'td lyHl T 9Q? 1 3 [IV 01 330 646 r SVX31 }APMOO) NOM30 ; mtoo3U boj 0311 . o1r r YXI t t ti e a cmyIFOfc cf ft'Copb 71 1 t ~41o14 of Tlrrif tNE7M1 frAkKr4. r,I t? cr ItA fn:n!P Mill In nn1'a s:`4 ~a riy m A o! botdcn ' r l Was " rt CoJat F1 ; Y r5♦l thW 4t "0'r!S Ii• .tM r . v . ~7 ~"~i} t Lh/II 7 ' tad fYkrabY % p r ,c x` M.i " {,103 for fa:or} tri Ih ~1Y, Clct I thb 10 i Volume!Y'~ ;bd seal u! 6J1"!y 9~UF~ C 1rY Jf 1 d ('i; Y"fY GVi, rlfltiYfl 00.114us W f3y~f«ar•s.""^... .w •1.... a::..rr...«:au.w«L ._r r++-++.•+ ~ _ v, a A <i I . Y 4 ay '!a ~ A' , ~.A ii t 1 .~ry,_ ~l~e; 4! t'} r! 4 / c~ ~5 i ' ~ Yk •v4 l 9 POW'ER OF ATTOR!YEI' ua,~~~ . ' e Ow4 a KNOW A1L MEN BY THESE PIIESENTS: Hof f , That SELECT INSURANCE COMPANYs DALLAS, TEXAS A Corporation of the State of Ttxas, hereinafter called Company, does hereby appoint PORTER kLLIS OR WILLARD CROTTY OR JAMES N. POWERS OR TOM Pe ELLIS) in OR GL_ADYS EASLEYs DALLAS, TEXAS its true and lawful Atlorney-in fact to make, execute, seal and deliver on its behalf, as surety, any and ale bonds and under- ta:cings, of Suretyship. The execution of such bonds or undertakings in pursuance of these presents shall be as binding upon the Company as if they had been executed and acknowledged by the regularly elected of%trs of the Company. This Power of Attorney is issued pursuant to and by authority of the following resolution of the Board of Directors of the Company, adopted effective September 29, 3961, and now in full force and effect: "Resolved that the President or any Vice President or any Secretary may appoint Attorneys in fact in any State, Territory or federal District to represent this company and to act on its behalf within the scope of the authority granted to them Li writing, which authority may Include the power to make, execute, seal and deliver on behalf of this Compaq/ as surety, and as its act and deed any and all bonds and undertakings of suretyship and other documents that the ordinary course of surety business may require, including authority to appoint agents for the service of process in any jurisdiction, Stile or Federal and authority to attest to the signature of the President or any Vice President or any Secretary and to verify any affidawl or other statement relating to the foregoing, and to certify to a copy of any of the bylaws of the Company and to any resolutions adopted by its Bard of Directors; and any such Attorney In-fact may be removed and the authority granted hem revoked by the President or any Vice President or any Secretary or by the Board of Directors." In witness whereof, the Company has caused this Power of Attorney to be signed and Its corporate seal to be affixed by Its authorized ofii is TH day of NOVEMBER t9 68. Attest• I 7 R. i1, WYA 'y CRETARY Wit) Be CHASES ASST, VICE PRESIDENT STATE OF TEXAS COUNTY OF DALLAS ur ' On this 7T1I day of NOVEMBER 19 68, before me, a Notary Public of the State and County aloresald, reilding therein, duly eommftsloned and sworn, personally come the above named officer of the Company, who Eelnt br me first duly sworn according to law, did depose and ap that he h that officer of the Company described In and which executed the foregoing Instrument; that is knows the seat of the Company; that the seal of ed to such instrument Is the eorporste sail of the Company; and ;hat she corporate seal and his signature as such officer were affixed and subscribed t aid Instru. front br the authority and direction of the Company. ISM HAZ 'L u. REEDY MOJ4 Pubut My wmmilelon expires IN 1ST day of JUNE 109 , CERTIFICATE I, the undersigned, do hereby certify that the original Power of Attorney of which the foregoing Is a true and correct copy is In full force end effect, and the foregoing tesolution Is a true and correct transcript from the records of the Company, and that the ibove named officer was on the date of execution of the foregoing Power of Attorney authorized to execute this Power of Attorney. In witness whereof, I have hereunto subscribed my name and aff ice seal of the Company this 75th day of December n69. ism Re W, W SECRETAi'Y r«arteunnw v t c MAST't'R F•LECTRICIAN'S BOND Bond No. 1236414 STAT`' OF f.KAS } NO'd ALL ?07N BY THESE PRE3?NTSt COUt~'"Y CF T,f "TJr; Q Principal ani V,`7r,RN TY a ,,,rpo-ntion of Sloux Falls, South Dakota, n~ „rr,,~y a.•r t:+lj and fir:Tly 1,:urrj unto the mayor of the City of Denton, Texas and to h!s u^.e°anra in office, !r the anm of One Thousand 01,0',r r"") ;'1.)11nre for t:',c {,a~-Trot or which we hereby bind ourselve7, our he,-3, admirtstratrr3 ari asz!grs, Jcintly and severally. Th° cordtt.lon of the fitove obligation is that whereas, the principal her-°.n was rrnnted a master electrician's license in the City of r)enton, :'exni. if tl.e a81d S. D. Walker _ prin iral t,rre!n, and all his Iersonal e^nloyeea, shall faithfully comply with all or}ln.an:es cf the ,lty of '.,enton, Texr,s regulating the in- st3ll3tton, CY31 Fe, rcr)nir cr• alteration o: electric wiring and/or apparatus, and that 1,e anl/or tAs erployees will fulfill any contract made for such work, then this obligation shall become null and void, otherwise to remain tri full force and effect. . 'his bond shall be for the uie and benefit of the City of Denton, Texas and for the use and benefit of any person having a cause of action against the principal or any of his personal employees growing out of the Installation, charge, repair or alteration of eleotris wiring and/or opparatus, or growing out of a breach of a contract by the prin- cipal herein or any of his personal employees, for the installation, change, repair or alteration of electric wiring and/or apparatus. IN TESTIMONY NKMEOF, WITXXS3 OUJt HANDS at Denton, Texas 19 69 this the 4sy of nese.nl.er 0 WnTERN SURETY Compel - ~ WIMSSi BY J. , LaFLORE, asst. srcR~ratir APP1RO D y orn ~ I POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS; This Power of Attorney authorizes the execution of one instrument to which it should be attached. That the Western Surety Company, a corporation, does hereby make, constitute and appoint each of the fellow. ing officers of Dallas, Texas, Attorney in Fact, with full power and authority conferred upon him or her to sign execute, acknowledge and deliver for and on its behalf as Surety and its act and deed, any one bond, indemnity or undertaking, consent or agreement which this Company may be authorized to write: M. D. FULTON, Vice President B HARRIS, . HARRIS, Assistant Secretary . BAKER, Assistant Secretary A. W. GRAY Assistant Secretary WARREN S. HOLLY, Assistant Secretary J. B. LeFLO~tE, Assistant Secretary The Western Surety Company further certifies that the following is a true and correct copy of Section 7 of the By-Laws of the Western Surety Company, duly adopted and now in force, to-wit: Section t. "All brands, policies, undertakings or other obligations of the corporation shall be executed in the corporate name of the Company by the Chairman of the Board, the President, Secretary, any Assistant Secretary, Treasurer cr any Vice President, or by such other officers as the Board of Directors may authorize. The Chair. any Aman of th ttorneys in Fact orPAg ntst who shaill haves authority tot issue bo ds919polici s~ rt undertakingsrins then nam ao point of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, or other obliga. tions of the corporation." IN WITNESS WHEREOF, the said Western Surety Company has caused these presents to be executed by its President with its corporate seal affixed this - 4 h day of December 19 69 . ATTEST WESTERN SURETY COMPANY As atant Secretary By President fl r STATE OF SOUTH DAKOTA} - County of Minnebaba 1> 33 On this 4th day of December 1969 , trfore me, a Notary Public, personally appeared Joe Kirby, President„ and A cam. y 4sst Scc'y, ,ned Assist nt Secretsry, resypectively, acknowledged IsaidsWestern tSurety Company, aed acknowledged Bald instrumentPresident to a tant voluntary act and deed of skid corporation. he My commission expired D. HAVOSE, Notary Public / 19 / My omm sioo Eapues 24.71 V /]vim lr _ •u-a-t+-ea otary Public c STATE OF TEXAS es ACKNOWLEDGMENT OF SURETY County of Dallas (Corporrte Officer) On this 4th day or DecembeC , 19 69 before me,a Notary Public In and for laid County, personally appeared . 1. S. LQFLORE, ASST. SECREtA personally known to me, who being bymcduly sworn, did ray that Free l aoresa officer o t e WESTERN SURETY COMPANY, a corporation duty organlred and existing under the laws of the Slate of South Dakota, that the seal affixed to the foregoing Instrumenl Is the corporal; seat of said corporation, that the said Instrument was signed, sealed and executed on beehalf of said corporation by' aut';ority of Its Board of Dircdors, and further acknowledge that the said In. sirument and the execution thereof to be the voluntary act and deed of said corporation. 114 WITNESS WHEREOF, I have hereunlo subscribed my name and affixed my official seal at Dallas, Texas, the day and year Iasi above written. My commission explr Notary Public r tol.c 477 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS- This Power of Attorney authorizes the execution of one instrument to which it should be attached. That the Western Surety Company, a corporation, does hereby make, constitute and appoint each of the follow. ing officers of Dallas, Texas, Attorney in Fact, with full power and authority conferred upon him or her to sign, execute, acknowledge and deliver or and on its behalf as Surety ■nd its act and deed, any one bond, indemnity or undertaking, consent or agreement which this Company may be authorized to write: M. D. FULTON, Vice President B. HARRIS, Assistant Secretary M. BAKER Assistant Secretary A. W. GRAY Assistant Secretary WARREN b. HOLLY, Assistant Secretary J. B. LeFLOAE, Assistant Secretary The Western Surety Company furth•.r certifies that the following is a true and correct copy of Section T of ,t,. By-Laws of the West-rn Surety Company, duly adopted and now in fordo. tn.-;r• X C C) Ic-J c Ili STATE OF TEXAS ss ACKNOWLEDGMENT OF SURETY County of Dallas (Corporate OlBcer) On this 4th day of December 69 y , 19 _,before me,a Notary Public In and for said County, personally appeared R. LJLGR. MST. SLCFEtA'i ppeersonally known to me, whobcfngbymedufy sworn, did say that he Is t e a orese officer o the R'ESTERN S R T COMPANY, a corporation duly org+nized a.1d exlstin under the lave of the State of South Dakota, that the seal aMied to the foregoing Instrument Is the corporate seal of said corporation, that the said Instrument was signed, sealed and execuled on behalf of said corporation by, authority of Its Board of Directors, and further acknowledge that the Bald In- strument and the execution thereof to be the voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed m j offklal sea] at Dallas, Texas, the day and year last above written. Myeommisslones It L ,19 r ~L 2iZ cCi` toa•c Notary Publk MAINTENANCE BOND REk~~o 5y DEC Oo THE STATE OF TEXAS THE COUNTY OF DENTO:I b KNOW ALL MEN BY THESE PRESENTS, That We, the undersigned JAGOR-PUBLIC COIPANY as Principal and the SELECT INSURANCE C0:1PAN as Surety are hereby held and fl rm y oun unto the CITY OF DF.NTOnj TWYAQ in the penal sum of _ -Hine thousand one hundred *,went.Y seven and 37/I00-(59,127. kars, for the payment of an ru y to be mane, we hereby Jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns by these presents. SIGNED THIS THE 15th DAY OF December ~ 19 69, WHEREAS, JAGOF-PUBLIC CO'"PANY entered into a written contract with the _ on the day of t£or curb and gutter, flexihlP hacP nnj oayinv, SouthridRe Addn. Section I!3 and SouthridYe Center, Denton, Texas, which contract an the p ans and spec cat ions therein mentioned are hereby expressly made a part thereof as though the same were written and embodied herein; WHEREAS, under the plans, specifications and contract, it is provided that the contractor will keep in good repair the work therein contracted to be done and performed for a period of One Year beginning thp DAY OF ACCEPTANCE an ending one 'ear thereafter , It being understood that the purpose of this sect on Is to cover only defective conditions arising by reason of defective materials, work, or labor performed by the said contractor; NOW THEREFORE, if the said contractor shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of one year as provided, then these presents shall be null and void, and have no further effect, but if default shall be made by the said contractor in the performance of its contract to so maintain, and repair said work, then these presents shall have full force and effect, and the said CITY OF DENTON shall have and recover from the said contractor an s surec!amages in the premises as provided for in said plans, specifications and contract. PROVIDED, However, there shall be no liability on the Surety fi'r and damage resulting from fire, acts of God, accidents or careless or malicious handling. WITNESS our signatures this 15th day of December , 19 69. JAGOE-PUBLIC COMPANY BY: a SRLI C INSURANCE COMPANY ETY) C~• BY .-a-e~tl ATTORNEY ELL 2o1tif~~~lo,tiVtFet't: 'e,-g,LS11, Porter Ellis, pP.4L~0.iEXAB 7 r POfF'F.R OF ATTORNEY lase, 0 - ,tKIM ALL MEN BY.THESE PRESENTS: 0 ~o Orel . ~ That SELECT INSURANCE COMPANY, DALLAS, TEXAS a corporation of the State of Texas, hereinafter called Company, does hereby appoint PORTER $LLIS OR WILLARD CROTTY OR JAMES Pi. POWERS OR TOM P. ELLIS) III OR GLADYS EASLEY, DALLAS, TEXAS its true and lawful Altorney in fact to make, execute, seal and deliver on its behalf, as surety, any and all bonds and under- takings of Suretyship, The execution of such bonds or undertakings in pursuance of these presents shall be as binding upon the Company as if they had been executed and acknowledged by the regularly elected officers of the Company. this Power of Attorney is issued pursuant to and by authority of the following resolution of the Board of Directors of the Company, adopted effective September 29, 1961, and now in full force and effect: "Resolved that the President or any Vice President or any Secretary may appoint Attorneys-in-fact In any State, Territory or Federal District to represent this company and to act on its behalf within the scope of the authority granted to them In writing, which authority may include the power to make, execute, seal and deliver on behalf of this Company as surety, and as its act and deed any end all bonds and undertakings of suretyship and other documents that the ordinary course of surety business may require, nclucing authority to appoint agents for the service of process In any jurisdiction, State of Federal and sufhority to attest to the signature of the President or any Vice President cr any Secretary and to verify any affidavit or other statement relating to the foregoing, and to certify to a copy of any of the by-laws of the Company and to any resolutions adopted by its Board of Director; and any such A'.lorney intact may be removed and the authority granted film revoked by the President or any Vice President or any Secretary or by the Board of Directors" In witness whereof, the Company has caused this Power of Attorney to be signed and its corporate seal to be aft zed by its authorized off is TH day of NOVEMBER 19 68. Attest I R. W, HYA t, w CRETARY B (SEAU a Be CHASE, ASST. VICE PRESIDENT STATE OF TEXAS as: COUNTY OF DALLAS e On this 7TH da! of NOVEMBER L9 68, before me, a Notary Public or the State and County aforesaid, residing therein, duty eommissloned and sworn, personally came The above named officer of the Company, who being by me first duly sworn according to law, did depose and say that he Is that officer of the Comptoy desuibed In and which executed the foregoing instrument; that he knows the seal of the Company; that the seal affir~d to such Instrument Is the corporate seal of the Company; amd that the corporate seat and his signature as su.h officer were affixed and subscribed 1 aid instru. meat by the authority and direction of the Company. (SEAL) HAZ ,L M. REEDY N Public try commission expires the 1ST day of JUNE 1964 CERTIFICATE I, the undersigned, do hereby certify that the original Power of Attorney o! rhich the foregoing is a true and correct copy Is to full force and effect, and the foregoing resolution Is a true and Correll transcript from this records of the Company, and that the ebove named officer was on the date of execution of the foregoing Power of Attorney authorized to execute this Power of Attorney, to witness whereof, I have hereunto subscribed my name and at izedtez seal of the Company this 15th day of December 1969 , aEAu Be We W SECRETARY FWD 10 Sill n sn s v y r AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE AAUNICIFAL BUILDING OF SAID CITY ON `?HE 23RD DAY OF DECEMBER, A. D. 1969. R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: Mayor L. A. Nelson is hereby authorized to sign and execute a general warranty deed from the City of Denton to the United States of America, conveying a tract of land 101.78 feet by 115.20 feet by 105.00 feet by 115.24 feet at the northeast corner of Locust Street and proposed McKinney Street, containing approximately 11,910.65 square feet of land, for the consideration of the sum of THIRTY-FIVE THOUSAND SEVEN HUNDRED THIRTY-ONE AND 95/100 ($35,731.95), which sum was heretofore approved by this Council, and which land is more particularly described in the General Warranty Deed attached to this Resolution and made a part hereof; and said act of signing by Mayor L. A. Nelson shall be an official act of this City Council, PASSED AND APPROVED this 23rd day f December, A. D. 1969. oe4 L. A. NELSON, AYOR CITY OF DENTON, TEXAS ATTEST- B KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS VED A TO LEGAL FORM: K Q. A ON, 'CITY ATTORNEY ITY OF DENTON, TEXAS 10 DRAINAGE EASEMENT THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) That Robert H. Nobles, Gerald P. Flanagan and Arthur S. Wiley, of Denton County, Texas, in consideraticn of the sum of Seven Hundred Forty any No/100 ($740.00) Dollars cash in hand paid by the City of Anton, Texas, a municipal corporation, the receipt of which is hereby acknow- ledged, and the further consideration of repairing all damages done to improvements on said land'as hereinafter more fully set out, do by these presents grant, bargain, sell and convey unto the City of Denton, Texas, for the purposes of constructing, installing, repair- ing and perpetually maintaining drainage facilities, the free and uninterrupted use, liberty and privilege of the passage in., along, upon and across the following described property and lands of the said Robert H. Nobles, Gerald P. Flanagan and Arthur S. Wiley, situated in the City of Denton, Denton County, Texas, and described? as follows: BEING a 0.09 acre tract out of and a part of a 5.0 acre tract conveyed by M. T. McDonald at al to Robert H. Nobles and to Gerald P. Flanagan by deed dated November 24, 1965, and recorded in Vol. 531, Page 55 of the Deed Records of Denton County, Texas, and also a part interest conveyed by Robert H. Nobles and Gerald P. Flanagan to Arthur S. Wiley by deed dated September 8, 1967, and recorded in Vol. 555, page 669 of the Deed Records of Denton County, Texas; BEGINNING at a point in the North right-of-way of State Highway 24, 22.34 feet South 89 deg. 55 min. Weot from the southeast Corner of the Nobles et al tract; THENCE South 89 deg. 55 min. West along said existing right-of- way a distance of 44.64 feet to a point; THENCE North 26 deg. 17 min. East a distance of 148.65 feet to z. point in the East Line of the Nobles, et al tract; THENCE South 0 deg. 30 min. East along said line a distance of 88.77 feet to a point; THENCE South 26 deg. 17 min. West a distance of 49.58 feet to the place of beginning and containing 0.09 of one acre, more or less, out of the Robert Boaumont Survey, Abst. No. 31, CONDITIONED, to the extent only that the same is reasonably necessary for the constructing, installing, repairing and perpetually maintaining said drainage facilities. And it is further agreed that the City of Denton in consideration of the rights herein granted, and the benefits hereinabove setout, will remove from the property necessary improvements to be found on said property, and that at all times after the installing, constructing, repairing, and maintaining said facilities and perpetually, that the City of Denton, Texas, will immediately after such work is done repair and place in the condition that the same were prior to the installation or to the repairing of said lines all improvements includ- ing parking lot, curbs, buildings or improvements of any kind that are now situated or may be hereinafter constructed on said property by the Grantors herein. The said City of Denton, subject to thn agreement hereby to so repair all. improvements on said property, damaged, removed or destroyed in the installation and/or repair of said facilities are hereby granted access 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 to the extent that the same is necessary in the installation or repair of said drainage facilities upon and across said premises for the purpose of making additions to improvements and repairs to the said drainage facilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton as aforesaid for the purposes aforesaid the premises above described. WITNESS our hands this day of A. D. 1969. (R Bert H. Nobles) (Gerald P. Flanagan) ` \ (Arthur S. Wiley THE STATE OF TEXAS ) } COUNTY OF DENTON ) BEFOF3 ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Robert H. Nobles, Gerald P. Flanagan and Arthur S. Wiley known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. ,."1017N.,UNDER MY HAND AND ;ZEAL OF OFFJCE, This _ day of ~ecember~',A. R.. 1969. Notary ublic, Denton Co., Texas ~1W ~ s o r_, r, .3 T :Z2 .r (A QCi , 1 Tire S'rin of texas CERTIFICATE OF RECORD Cc'mty sf 7 nt;,n I, THETA PARAER, Ckrk of. the ronriq ^o,rt in and for said County do he -:hy b rti.ly IhM a forefo;nA In nic~~nt// ~~S H- trr+, 101 authentic Lion was f,W 3ni do,yrE6~rJo. i ,,~/f r) d',Y OP~ ~V t rd1' t a cuock......M., V .C.....Idayof.... c-ck ~ ~,_..M., In Ri AM 1 Ira F ~ a . ........_....._Of the .F.c3rao ii'.n, t. .a. Wtncss my Ibnd and seal of offkae at Denloi, Tews, 1,9 d.1y .m,d yoir last show writilim TW A rA?hER eF. oputy Clark of Pra Cv.,n:y Court, Donlon Co., Tanis r ~:r: i ,i CLAIM DEEi)--k'!tb 9lnela 7otul and Wife's dr~anA Ac4aosl.v¢mmh 2LlP.T1!1 ztatloactl Ca.. D,alts } I THE 'STATE Oil" TEXAS, KNOW ALL MEN BY THESE 1'IiE4 NTS: COUNTY OF I)ETIT'0~1 Th:,t George M. Hopkins, Jr. it of the County of Denton pnd State of Texas . for and in consideration of the sm-iOf Ten and no/100 Dollars ($10.00) and other good and valuable consideration DOLLARS, to me in hand paid by the City of Denton of the County of Denton and State of Texas , the receipt of which is hareby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER i ~ QUIT CLAM unto the said City of Denton, its successors i ~ ~I )(Xft and assigns, as: his right title and interest in and to that certain tract or par- cel of lend lying in the County of Denton and State of Texas, described as follows, i to-wit: ~I all that certain lot, tract, or parcel of land lying and being situated in the City and County of Denton, State of Texar;, being a part of the Hiram Cisco Survey, Abstract i No. 1184, and being a part of Lot 5, Block 2 of Dbore Addition to the City of Denton, Texas, as recorded in Volume 178, page 524 of the Deed Records of Denton, Texas, said Lot 5, being conveyed by George M. Hopkins to George M. Hopkins, Jr. by deed dated December 31, 1956, and recorded in Volune 414, page 65, of the Deed Records of Denton County, Texas, and being more particularly described as follows, to-wit: BEGINNING at the northwest comer of said Lot 5; THiENCE east, with the north boundary line, 5.0 feet to a point for a corner; THENCE south, 5.0 feet east of and parallel vith the west boundary line, 53.0 feet to P. point for a comer in the south boundary line; = THENCE west, with the south boundary line, 5.0 feet to a point for a corner; THENCE north, with the west boundary line, 53.0 feet to the place of beginning:> ~ W containing 0,006 acres of land more or less. i ~I • I I ~I TO HAVE AND TO HIOLD the Bald premises, together with all and singular the rights, privf- I! leges and appurtenances thereto in any manner belonging unto the aald City of Denton, its successors heirs and assigns, forever, so that neither tha said f i George M. Hiapkins, Jr. j i nor his heirs, nor any person or persons cWming under him shall, at anp• tlras hereafter, h►ve, clalrn or demand any right or title to the aforesaid piemisea or applrtcnan•;0% or any part ther?- of. 3 WI't E6S my hand at this E day of A. .,t' (O i W s es at Request of Grantor. t ' SINGLE', ACKNOWLE.DGMUN'T THE' STATE OF 'iEUS, 1 COUNTY OF . I BEFORE ME, t • undcrsiZuc.l authority, in and for said County, Texas, on this day personally appeared kaJw'n to me to uc file yaraiu__ _KiloSe 11a.ne _ subscribed to tnc foregoing in.arument, and fiAll.RY(~jged to file : `at he... executed the same for the pmpo_rs and considrration therein expressed. ~ GIVEN UNDER MY HAND AND SPAL OF OFFICE, This `Q y o 19ep U• Notar ublic, .__...!.r,..'.:._...County, My Commission Expires June 1, 19-4of. JOINT ACKNOWLEDGMENT THE STAFF. OI` TEXAS, BEFORE ME the wad ers 1 j1 1 COUNTY OF.__ _ .......I igned authority. in and for bnid Gointy, ie~tas, orl this day p:rsonally appecrcd hi . s wife, both known to al, to be the persons whose names are subscribed to tl,e foregoing instrument, and acknowledged to they purposes and . me that the ach executed the sane for the cur oses and considerate )n then;n expressed, and the said wife of the said _ having been examined by me privily and apart from her husband, and having the same fully explodned to her, she, the said acknowledged such dnArument to be her act and deed and she doclared that 0c had w•illingly~ signcd the same for the put poses and consideration therein trpressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICF,, This ...........day of.... , A.D. 19 (L.S.) Notary Public, ......County, Texas Illy Commission Expires June 1, 19..... WIFE'S SEPARATE ACKNOWLEDG3113NT THE STAVE OF TEAS, BEFORE ME the undersl ned authorit COUNTY OF . , _ 11 g y In and for said County, Texas, or, this day personally appeared.. , wife of _ , knoten 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 Fame fully explained to her, she, the said _ . "s... a. e,,~~•. ieuge3 Frith in,,trument to be her act and dead, and she declared that she had wdklin6ly signed the same &•r 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.) Notaty Public, ............._,................._...................Couuty, Texas My Commission Expires June 1, 19...... CLERK'S CE aIFICATh. THE STATE F TEXAS# ~ I........... COUNTY OF. . . . ' County .,t✓r Clerk of the County Cut 7t. M"i'd Cou lty, do hereby certify that the foregoing instrument of writing dated on the day oL "~!4: ?L , A, D. 196 , with its CcrtMeato of Authezticatl,.n, wao filed for record in illy offc e n the _ ur uay of ~~La.-~c[ le A. It. 197Q., , at L/„ef~41D'clock C2 M., and duly recorded this! dry of 4C..,....,A. D. 19 atl%Cd o'clock 31. in the c._ orris of s ald County, In Volumc..46 1701. on pages. 570 WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in 4yt'~.. cft~iL~J the day and year last abore written. I...... . f....._....... County Clerk. ✓'.........._......_County, Texas. (L S.) By.... Deputy. ei'l nn 4' 4 c, 4i ~ I s o NU.__.. 3 [FIL D F'~R EC' R0 MI g I c I a 1 j kTN GirU1 Y. FXA l ~ 3 w i f 1 r~ 8 b 1. ET 3k ER 0, LER 0 ~jj OEP :a MON A•96-WARRANTY DEED-With Sinele.loEm and Wifes Separate Acknowtedpmen4 MARTIN Sutbnar Co, Nnu THE STATE OF TEXAS, 238 Know All Men By These. Presents: County of ...................._....DENTOIL....... 1 r That we, LATHAM F. JONES and wife, DOROTHY E. JONES, , of the County of Denton , State of Texas for and In consideration of the sum of ------------------------TEN AND NO1100 ($10.00) DOLLARS and other good and valuable consideration, j to us in hand paid by CITY OF DENTON, TEXAS, a Municipal Corporatio the receipt of which is hereby fully ackt-,wledged, I i kf I have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of Denton, Texas of the County of Denton , State of Texas all that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, part of the Fry Addition to Denton, and being all of Lot No. Two (2) in Block No. Six (6) of said Addition anti all of Lot No. Three (3) in Block No. Six (6) of said Addition located North of State Highway No. 24, and more particularly described as follows: BEGINNING at the Northwest corner of said Lot No. 2, which is also, the Northwest corner of Block No. 6; THENCE South at 100 feet the Southwest corner of said Lot No. 2, and the Northwest corner of r.ot No. 3, and continuing in all 190.4 feet corner in the west line of Lot No. 3, and in the North line of baid State Highway No. 241 THENCE in an Easterly direction with the North line of said Highway 151 feet corner in the East line ofsaid Lot No. 3, 16.6 feet North of the Southeast corner thereof; THENCE Nort}i at 83.4 feet the Northeast corner of said Lot No. 3, and the Southeast corner of 1/.)t No. 2 and continuing in all 183.4 feet the Northeast corner of said Lot No. 2, in the South line of Henry Avenue; THENCE West 150 feet to the place of beginning. ~I f C I I TO HAVI♦ AND TO HO?.D the above described premises, together with all and singular, the rights and appurtenances thereto In anywise belonging unto the said City of Denton, Texas, its successors Mm and assigns forever; and we do hereby bind ourselves, our be!rs, executors and administrators, to Warrant and Forever Defend all and singular the said premises untc the Bald City of Denton, Texas, its successors Juba and assigns, agaimt every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness our ham to at Denton$ Texas this 31st day of December A.D. 1969. Wltnessea at Request tf Grantor: ` X✓~ F~.. ..88 ' THE STATE OF TEXAS, BEFORE ME, the undersigned authority, In and for slid County, Tem, on this day personalty appeared.__.. Latham F. Jones and wifel,_.Dorothy...F.._._Jones,e.............. known to m1 to be the PersonS-wbose nomeB_._. ne-subscribed to the foregoing instrument, and acknowledged to we that .t.hV1_emuted'the same for the purpoces and consideration therein expressed. iR MY BAND AND SEAL OF OFFICE, IT _......Q.t+}~1...-..day ot_.__sj 0.I111?3 T X _ _ _ , AD. l9_..7-a f}; rotary Public,.____._.]yen.tOli -.---County, Tesa1 Sly Commtssloa Expires June.-.- Zst 1971' THE STATE OF TEXAS, 1) 1 BEFORE ME, the undersigned authority, to and for said County, Tens; on this day personalty _ _ _ 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.._.__....._..... such instrument to be her ad and deed, and she declared that sbe bad willingly signed the some 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. (L. S.) Notary Publice_.__ ......---County, Texas My Commbwfoa Expires June 19- THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF In and for said County, Tens, on this day personally appeared. In _ ._..._.._.._._.__.._...__..........M._.~....sod....______._._...__...»_......._.........._._.__._.r».»...___,__...___._.. bis 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 prt:pmes ad cootidersdon therein expressed, and the wife of the Bald.»...._......_... ..having been examined by me privily and apart fa •t bet husband, and having the same fully v0,n✓ to her, %be, the said . _ --Acknowledged such Instrument to be ter ad and deed, and sbe declared that %be bad willingly signed the same for th, purposes and consideration therein expressed, and fast she did not wish to retract It. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.._..__ day of_ _ A.D. 19_......._ (L.S.) Notary Publle, . _ ...-County, Texas My Commission Expires June__..._._.._____.____».__..._., 19- THE STATE OF TEXAS, COUNTY County Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of '.exiting dated on the . dsy of_._ - A.D. 19_._....., with Its Certificate of Au thendca don, wit filed for record in my office on the r.y of " A.D. 19-, at~ _.o'cloctc_ _.M, and was duly recorded thL._....__ day of _ --r A D. 19.x_, at__.......o'dock M, in the Record, of sdd County, In Vol- - - ; on pag WITNESS my had and seal of the Comb Court of std County, at office In day and year test abow wrkten. Clerk County Court.- .....County, T as. (L Sj i reraj ,.uJ uG~r'0 V~ J A ell io r:z~J ,t'rc`e~ ~ ~Hf'kJl 'L'i !JM1 ?r,., j.,J J-.,/ j t^^ PJ~ SCY3f 'lIC ~1. B11 J " I G 'G F jv I 514, j, ul'uvjh',ojrt,7JJg.7.;1'G3idddtll1FI2`l c. rl, a~w:a d0 31VSIj[ta3~ .._JI ~JJq r i G ~ x 7 j q 36~^~'H1 + t ~ ~ to N ' X.1 I 'A P~li U30 NJ K b ~ NO. I //6- s-_ FELIX CALLAHAN, et al. § IN THE DISTRICT COURT § V. § OF DENTON COUNTY, TEXAS THE CITY OF DENTON, TEXAS, § L. A. NELSON, MAYOR, WILLIAM N. § NEW, MAYOR PRO TEM AND COUNCIL- MEN DR, ALEXANDER M. FINLEY, JR., HUGH M. AYER & HAROLD R. RAMEY § JUDICIAL DISTRICT ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: Now comes FELIX CALLAHAN, LOTTA E. CALLAHAN, MR. & MRS. LINDON WILSON, MR. & MRS. GRADY L. MATH ESON, MR. & MRS. E. N. CARTER, MR. & MRS. RALPH BULLARD, Ia. & MRS. D. C. BULLARD, MR. & MRS. JOHN G. STEADMAi:, MR. & MRS. MALCOM B. LONG, MR. & MRS. B. A. WEAVER, MR. & MRS. H. D. PORTWOOD, MR. & MRS. JOHN DAVIDSON, MISS WYNETT PORTWOOD, MR. JOHN D. DA71S, MR. & MRS. OTIS DAVIS AND MR. & MRS. HERMAN MOORE, all tax paying citizens of Denton County, Texas hereinafter call Plaintiffs, and file this their Original Petition, complaining of the City of Denton, Texas, a municipality, organized and empowered as such under the laws of the State of Texas, of which municipal corporation Defendant L. A. NELSON is Mayor, and Defendants WILLIAM N. NEW, DR. ALEXANDER M. FINLEY, JR., HUGH M. AYER and HAROLD R. RAMEY are Councilmen, all composing the City Council of the City of Denton, Texas, upon whom service of all necessary process may be hod, hereinafter called Defendants, and for cause of action Plaintiffs respectfully represent to the Court that: I. At a study session sometime during 1969, the City Council of the City of Denton, Texas, proposed an Ordinance, (City of Denton, Texas, Ordinance 69-40), which Ordinance if enacted, would annex to the City of Denton, Texas, seven (1) contiguous tracts of land comprising 3000-4000 acres, more fully and particularly described in the Ordinance.. Pursuant to the process of evicting raid Ordinance, the City Council of the City of Denton, Texas, ordered that nottee of the intent to annex said tracts and notice of a hearing, concerning said annexation be published in a local newspaper, and the City Secretary of Denton, Texas, did i,•ve published on October 30, Oct- ober 31, and November 2, 1969, in the Denton Record-Chronicle, notice of the proposed annexation and the hearing concerning it. I II. On November 12, 1969, the City Council of the City of Denton, Texas, held a hearing concerning the proposed annexation embodied in proposed Ordinance 69-40. At this hearing, vigorous protest to said annexation was made by Plaintiffs and numerous other persons affected by the proposed Ordinance, but notwithstanding the protest so made, the City Council of the City of Denton, Texas, on November 18, 1969, passed Ordinance 69-40 and thereby instituted annexation proceeding-> as to the seven tracts described in Ordinance 69-40, which said annexation proceedings were completed when Ordinance 69-40 took effect on December 18, 1969. IFI. Ordinance 59=40 of the City of Denton, Texas, is presently of no force and effect, because the Ordinance is void, in that the procedure by which it was enacted violated the statutes of the State of Texas. Section 6 of Article 970a of the Municipal Annexation Act (28 Vernon's Annotated Texae Statutes, Art. 970a(6) (Supp,)), reads in full as follows; Sec. 6. Bafore any city may institute annexation proceedings, the governing body of such city shall provide an opportunity for all iaterested persons to be heard at a public hearing to be held not more than twenty,(20) days nor less than ten (10) days prior to institution of such proceedings. Notice of such hearing shall be published in a newspaper having general circulation in the city and in the territory proposed to be annexed. The notice shall be published at least once in such newspaper not more than twenty (20) days nor less than ten (10) days prior to the _2, hearing. Additional notice by certified mail should be given to railroad companies then serving the city and on the city's tax roll where the right-of-way thereof is included in the territory to be annexed. Annexation of territory by a city shall be brought to completion within ninety (90) days of the date on which the governing body of such city institutes annexation proceedings or be null and void. Provided, • however, any period of time during which a city is restrained or enjoined from annexing any such territory by a court of competent jurisdiction shall not be computed in such 90-day limitation period. As amend- ed Acts 1965, 59th Leg., p. ?'6, ch. 163, § 1 eff. May 17, 1965. IV. The City of Denton, Texas, Ordinance 69-400 is of no force and effect because the City Council of the City of Denton, Texas, did not comply with the procedure for annexation se.t forth in Section 6 of Article 970a of the Statutes of the State of Texas, whict, requires that there be a period of at least ten days between the hearing on the proposed annexation and the institution of annexation proceedings. The City Council of the City of Denton, Texas, held a.hearing concerning the proposed adoption of Ordinance 69-40 on November 12, 1969, (see Volume 18 of the Minute Book of the City of Denton, Texas, at Page 272, 17) and then proceeded to institute annexation proceedings by passing Ordinance 69-40 on November 18, 1969, to be effective thirty days later (see Volume 18 of the Minute Book of the City of Denton, Texas, at Page 273, 13), which constitutes a period of only six days between the date of the hearing and the date or the passing of Ordinance 69-40. This six day period is obviously shorter than the ten day period required by Section 6 of Article 970a of the Municipal Annexation Act, and therefore Ordinance 69-40,l being passed in violation of the procedures e6- tablished in the Statutes of the State of Texas, is void and of'no force and effect. .3- V. Because of the likelihood, if. Ordinance.69-40 is not declared by the Court to be null and void, that the City of Denton, Texas, will levy ad valorem taxes on the property of Plaintiffs and on the property of other property owners affected by Ordinance 69-40, Plaintiffs have no other adequate remedy at law to protect their rights except that the Court restrain and prohibit the Defendant, City of Denton, Texas, from levying and assessing taxes on the pro- perty of Plaintiffs. WHEREFORE, PLAINTIFFS PRAY, that notice be at once issued and served upon Defendants to appear and show cause why a temporary injunction should not be issued temporarily restraining and enjoining Defendants from levying and assessing taxes against the property of Plaintiffs, and that upon a final hearing hereof said injunction be made permanent and perpetual and said Ordinance 69-40 annexing the property of Plaintiffs and others, as set out hereinabove, be de- ' v clared null and void and of no force and effect under the lbw of the State of Texas; and for all costs of suit and such other relief to which Plaintiffs may be justly entitled. STONE, TI~LfY, PARKER, SNAKARD, ' LAW & BROW N''-~ By C" ` f'~lrL Robert N. Virden 1500 Fort Worth National Bank Bldg. Fort Worth, Texas 76102 ED 2-8101 ATTORNEY FOR PLAINTIFFS THE STATE OF TEXAS ) COUNTY OF TARRANT ) BEFORE ME, the undersigned author4ty, on this day personally appeared ROBERT N. VIRDEN, who, on oath stated that he is attorney of record for Plaintiffs in the above styled and numbered cause, that he -4- fully qualified and authorized to make this affidavit, that the foregoing plea in every statement and a f'Ogation thereof ar true. Robert N. Virden SUBSCRIBED AND SWORN TO before me this'If( day of 19 Z. Notary Public, Tarrant County, Texas i CITATION THE STATE OF TEXAS To CITY or Q~e_._SY_ snyxw A1t0of1t1I Bl0>11P_ Defendant-, in the hereinafter styled and numbered cause: You are hereby commanded to appear before the Court of rAntQII-_.- County, Texas, to be held at the courthouse of said County in the City of Denton _jDMtM County, Texas, by filing a written answer to the petition of plaintiff- at or before 10 o'clock A.M. of the Monday next F.Rer the expiration of 20 days after the date of service bereof, a copy of which accompanies this citation, in cause number 69-1165-@ styled nL2X_CALLUM*_ZT_A4-- Vaintiff_, ss. COY O! DIalTQK J12_A[a_ Defendant--, filed in said court on the ___Mait< day of _1Q~CSSm1~r __,19 4 If this citation is not served within 90 days after date of its issuance, it shall be returned unserved. WITNESS, Gloria MWton DeDUtV . Clerk of the District Court- of Denton County, Texas. Issued and given under my hand and seal of said Court at office, this the -HOday of 19-69 GEIRAMIM !orm Clerk of -5119M County, Texas uBy~l A-I Deputy. R S RETURN 11 JJ~ ~~qq t Came to hand on the day of b_~ t , JD , at ~loc • 1,{• Executed at , within the County of at $L. - oclock . M. on the _:2_ day of R)j'S 19: by delivering to the within named YF each, in person, a e coy of this citation ' ge:her with the accompanying copy of the petition, having first attached such copy of uch petitpior. to such copy of citation and indorsed on such copy of citation the date of delivery. The distance actually traveled by me in serving such process was miles, and my fees are as follows: For serving this citation . . . . . . . . $ 4.00 Sheriff Account ror mileage . . . . • . . . . . . . . No. Total fees . . . . . , . . . . . . To certify which witness my hand officially, / Sheri of . County, Texas r 1` By , - Deputy. For Clerk's Use Taxed. kelarn recorded DUPIJCATO i e ~ w ~ a 0 0 z 49 s rr f ~ r141' r THE STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT, made and entered into this --L day of December, A. D. 1969, by and between Dub Roach, an individual of the County of Denton, State of Texas, Party of the First Part, hereinafter called CONTRACTOR, and the City of Denton, Texas, a Municipal Corporation, of the County of Denton, State of T(-.as, Party of the Second Part, hereinafter called OWNER, WITNESSETH: That for and in consideration of the payments and agree- ments hereinafter mentioned to be made and performed by Owner, and under the conditions expressed in the bond bearing even date herewith, the Contractor hereby agrees with Owner to com- mence and complete the construction of certain improvements described as follows: REPLACEMENT OF POLICE DEPARTMENT GARAGE DOORS IN THE MUNICIPAL BUILDING!DENTON, TEXAS The work required to replace the Police Department garage doors is detailed as follows: 1. The two existing folding metal garage doors, in- cluding guide rails and lift motors shall be re- moved by and become the property of the contractor. 2. The existing center brick support column shall be removed and disposed of by the contractor. 3. The two existing reinforced cor rete door lintels shall be removed and disposed of by the contractor. 4. The contractor shall construct a new reinforced concrete door lintel to span the newly created 18 foot opening. This lintel shall be of sufficient length to assure that the load is adequately trans- ferred to the existing end columns. 8. The contractor shall fu.-nish and install one motor operated, 9 foot by 18 foot metal folding door in- cluding guide rails and opFratIng meebanism as manufactured by "Overhead Door Corporation". r l' The Contractor agrees to furnish all labor, material and equipment to perform the above described work complete and in place to the satisfaction of the City Engineer of the City of Denton; and all extra work in connection there- with, under the terms as stated, and at Contractor's own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, supervision, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated herein, and in accordance with all the General Conditions of Agreement, and in accordance with the plans, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and specifications therefor, as prepared by the City Engineer of the City of Denton, Texas, each of which has been identified by the endorsement of the Contractor and the said City Engineer therein and thereon. Contractor hereby agreees to commence work within ten (10) days after the date written notice shall have been given to commence, and to substantially complete said work within the time stated in said written notice to commence work. Owner agrees to pay the Contractor in current funds for the performance of the construction of the work the sum of Fourteen Hundred and Sixty ($1,160.00) Dollars which sum in- cludes the trade in to Contractor of the two existing fold- I ing metal doors, and all existing guide rafts, and one of the two existing motor operators. IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate in the year and on the date first above written. DUB ROACH, CONTRACTOR _V, -2- ~r ti r CITY OF DENTON, TEXAS, OWNER i IM WHIT52 E, CITY MANAGER ATTEST: F -22 eel- ,BROOKS-HULT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ,JACK ro~ ARTO , ITY ATTORNEY ITY OF DENTON, TEXAS 1 -3- ~ z,. a s s la I 5lwr~ MSS: ^ r i~ r ` 1 ` t ~5.1 cil M C Y ..i ~ Y , 1 J N R 6-1 ? y h , A, Olt I'A ~Y ' IIi ~Vn A1~ y ` A •T P L y , r r t ~f F,~ a M t .1. I y'~': ro 1\ 1 n' ~ r X M1Ai • ~ ~ti~l vy ,i. p ~'1 e•;r ~~.y,,.°~~ "t ~ S_: S '<'b,~ W.•v,:. .'Y 1~; yt~'Y .~,I SIGN BOND 1-448-210' ` THE STATE OF TEXAS COUNTY OF DENTON KN T ALL 1,3N BY THESE PRESENTS: That we SIGtii.'MERS , as Principal, and THE OHIO C. 91rk_ i'Y IIaSUIt,'~?y C: 7177 i as Surety, hereby acknowledge ourselves h-eTd and f~_r_ffily odd and promise to pay to the city of Denton , a municipal corporation, the sum of ONE THOUSAND AND N01100 ($1,000.00) DOLLARS for the payment of which at Denton , Denton County, Texas, well and truly be rsade, tiro bind ourselves, lour h rs, exe- cutors, administrators, successors and assigns, jointly and severally. THE COi,'DITION OF THIS OBLIGATION IS SUCH THAT: .,11MA3, said Principal is engaged in the business of inst,11- ing, erecting and maintaining signs, or mediums of display or ad.ver- tising, electric or otherwise, for which permits are required within the corporate limits of the City of Denton , and said business is regulated by the Building Code Or insnce o the City of Denton and amendments thereto; and WHEREAS, it is provided by said ordinance that this obligation shall be executed and all the requirements and provisions of said ordinance are hereby referred to and made a part hereof to the same extent: as though the said ordinance were expressly written and em- bodied harein. NO?T, THEREFORE, if the said Principal shall faithfully comply arith each and every requirement and provision of said ordinance and such future regulations as may hereinafter be enacted during the term of this obligation, an' shall install, erect, and maintain such signs, mediums of display or advertising in accordance with the ordinances of the City of _pe~nton and the laws of the State of Texas, and shall indemy'-tne Oit- y Of ~pgnit-y for any and all damages or liability which may accrue against reason of faulty instal- lation, erection, demolition, repairv~3, or defects in, or collapss of any sign, for a period of one year after erection and for such, period of time that such sign is maintained or serviced by or wider the direction of the Principal hereof, and shall indemr,Ify any person, firm or corporation who shall, while upon public property or in any public place, incur damage for which this Principal is legally liable, then this obligation shall become null and void; otherwise, to remain in full force and effect. This obligation shall expire on January 1 of the next succeed- ing year after same becomes effective and shall not be void on the f1rat recovery thereon, but may be sued on in any court of competent jurisdiction until the full amount of same shall have been recovered. If any legal action be filed upon this bond, venue shall lie in ~ Penton County, Texas. t,TITNESS our hands this the -9th day of _ December A.D. 19A9.6 SIGNMAKERS (Principal) 402 Bedford DAl allas,Texas 7~2,12 B C HE OH /OCASUALTY INSURANCE COMPANY 2710 Oak'Lawn, Suitb 204 1Suroty Dallas, Texas 75219 _ $ APPROVED AND ACCEPTED this the Who Be K p, torneyin-Faot d;y i.l►W~,i~~ r~rn i r r.•r , ~ttn ~ A ' CERTIFIED COPY OF POWER OF A r TURNEY , THE OHIO CASUALTY INSURANCE COMPANY HOME OFFICE, HAMILTON, OHIO No. 9015 Etlaw Ali f9i'n bV i4ese f restnts: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI. Section 1 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Dan Schoelvnan or Wm. E. Kemp or Marvin Stafford - - - of Dallas., Texas - - - - - its true and lawful agent and attorney -in-fact, to make, execute, see] and deliver for and on its behalf as sursty, and as its act and deed troy and ell BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance ONE MILLTON - - - - - - - - - - - - - - - - 1.,000.,000.00 - J Della to. Excl-A ing, however., any bond giaranteeing the payment of notes and interest thereon. And the execution of such bondls) or undertaking(s) In Pursuance of these presents, shall be as binding upon laid Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton. Ohio, in their own proper persons. The authority granted hereunder supersedes any pteviour authority heretofore granted tl,e above named attorney(s)-in-fact. ~.tuusmntru In WITNESS WHEREOF, the undersigned, Vice-President of the said The Ohio Casual- ty Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the sold The Ohio Casualty Insurance Company this 12th day of April 19 66. e~ r Via (Signed) W. D9 r. %gi SEAL I X p Vices President ~~l ll! f i9~a+ huuniute STATE OF OHIO, t ~ COUNTY OF BUTLER UT thr. iG+,n Aay or APT's . .1 D 10 66 before the subecrrber, a Notary Publie of the State of Ohre, to and for the County of Buller, duly eommimioneci end qualified, tame We W. Flt+tgwr , Vice-President at THE OHIO CASUALTY INSURANCE iomrANY. to me yersona[ly known ;o be the individual and officer described in, and who executed the preceding inetrumen., and he acknow• iedged the execution of the same, and being by me duly swain deyoseth sad saith, that he is the olficsr of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, an I the said Corporate Seal and hie signature as officet were duly af6ted and subscribed to the said Instrument by the authority and direction of the mid Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Offielal Seal at the City of Hamilton, State of Ohio, the day and year first above written. N (signed) T) ones W. Hildebrand } a Notary Public in and lot County of Butler. State of Ohio A- ~~Or My Commission expires ebruary 2.....1.9.7.0 e ~bl//141111 %114414~C~ STATE OF OHIO. COUNTY OF BUTUR 1, the undersigned, Assistant Secretary o! THE OHIO CASUALTY INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney with the aritinal thereof, sad that the same Is a torrect and true copy of the whole of sold original Power of Attorney, and 1 do hereby further certify that sold Power of Attorney is ati11 In force and effect, IN TESTIMONY WHEREOF, I have hereunto set my hand this 9th day of December A. D.. 19 69 Form 9.4100.7 A,lHle rl Secrrrery ~ ~ ~ ~ r n.M i ~i 1' .r~ I The Travelers Indemnity Company Eipt acket- ly 1, 1466 DENTON INSURANCE AGENCY doied 811 SUNSET - P. 0. Bn,, 916 o n, and s Pods CENTON. TEXAS 7,20: duneri 3829324 987•fii2t e your ty, Policy Title COMMERCIAL AUTOMOBiIE-4ENERA L LIABIl1TY POLICY Named Insured W(-0 A BA I RD JR DBA DENTON °"d COUNTY TERMITE Address: 902 N. ELM Pulic Periods- ---DENTOUP y__TEXAS Y om MA0 r IOrQ to MAO F 107A 12d The Travelers Indemnity Company Hartford, Connecticut (A Stock Insurance Company, Herein Called The Company) In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the named insured as follows: Definitions When used in this policy (including endorsements forming a part hereof): "eleystor" means any hoisting or lowering device to rnsnect tlwn or "automobile" means a land motor vehicle, trailer or semi-trailer designed landings, whether or not in service, and all appliances thereo! including for travel on public roads (including anymachineryorapparatus attached any car,platform, shafghoistwayy,stairway, runway, ooaerequipment thereto), but does not include mobile equipment; and machinery; but does not includo an arulorr ie servicing hoist, or a hoist without a platform outside a building if without mechanical power "bodily injury" means bodily injury, sickness or disease sustained by or if not attached to building walls, or a hod or material hoist used In any person; alteration, constru;tion or demolition operations or an inclined conveyor used exclusively for carrying properly or a dumbwaiter used exclusively completed operations hazard Includes bodily injury and properly for wrrying properly and having a compartment height not exceeding damage arising out of operations or reliance upon a representation or four feet; warranty made at any time with respect thereto, but only if the bodily in~ ur or property daowee occurs after such operations have been eom• incidental contract means any written (t) lease of premises (2) rase 'in " or abandoned and occurs away from premises owned by or rented ment agreement, except in connection wuh construction or ~emolkloa to thy e named injured. "Operations" include materials, parts or equipment operatious on or adjacent to a railroad, (J) undertaking to indemnify a furnished in connection therewith. Operations shall be deemed completed municipality required by municipal ordinance, except in connection with at the earliest of the following times: work for the municipality, (s) a dctrack agreement, or (S) rlnaenr mail.. (1) when all operations to be performed by or on behalf of the named tenance agreement; injured under the contract have been completed, "Insured" means any person to organization qualifying as an Insured la (1) when all operations to be performed by or on behalf of the named the "Persons Insured" provision of the applicable insurance cosvrager. injured at the site of the operations have been completed, or The insurance afforded applies separately to each insured a alnet whom (J) when the portion of the work out of which the injury or damage claim is made or suit is brought, except with respect to the limits of the arises has been put to Its Intended use by any person or organiratioo company's liability; other than another contractor or subcontractor engaged in perform. Ing operations for a principal as a part of the same project. "mobil: aquiPmint" means a land vehicle (including any machinery at apparatus attached thereto), whether or not self-propelled, (I) not sub Operations which may require further service or maintenance work, or Jett to motor vehicle registration, or (2) maintained for use exclusively correction, repair or replacement because of any defect or deficiency, but on premises owned by or rented to the nerved injured, including the ways blic which are otherwise complete, shall be deemed completed. Immediately adjoining, or or maintained for the sole parpose of affording rwds, or designs 7 he romffefed operations barard does not include bodily, injury or properly mobility to equipment of the following types forming an integral part of daurare arising cut of or permanently attached to such vehicle: power crane!, shovels, loaders, (a) operations in connection with the transrtation of property, unless digggers and drills; concrete mixers (other than the mix•In•trans(t type); the toddy injury or pproperly damage arises out of a condition In or sealers,scrapers, rollers and other road construction orrepair )uipmentr on a vehicle created by the loading or unloading thereof, air-compressors, pumps and generators, Includin~ spraying, welding and (b) the existence of tools, unfnstalled equipment or abandoned or unused building cleaning quipments and geophysiea exploration and well mat"ls, or servicing equipment; (c) operations for which i sthe claticaflostated fit the policy or In the "named Insured" means the prison or organization named In Item 1. of company's manual pee "including completed operations ; the declarations of this policyl ''damages" Includes damages for death and for care and loss of services "named Insured's products" means goods or products, manufactured, resulting from bodily iafsry and damages for loss of use of property sold, handled cc distributed by the •jaated Injured or by others trading resulting from property%wile, under his name, Including any container thereof (other than it vehl.*X Pala 1 Page a but "named insured's products" shall not Include a vending machine or (3) anywhere In the world with respect to damages because of bodily any property other then such container, rented to or located for use of Injury or property damage arising out of a product which was sold others but not sold; for use or consumption within the territory described in paragraph "occurrence" means an accident, Including lnjurious exposure to condi. Uj above, provided the original suit for such damages r brought tions, which results, during the puticy perio,l, in bodily injury or properly within such territory; damage neither expected nor intended from the standpoint 7 the insured; "products batard" Includes bodily injury and property dandle arising "policy territory" means: out of the named insured's prndurts or reliance upon a representation or (t) the United Statesof America, its territoriesor possessions, or Canada, warranty made at any time with respect thereto, but only if the bodily or injury or pro My damage occurs away from premises owned by or rented to the namedd insured and after physical possession of such products has (2) international waters or air space, provide4 the bodily injury or been relinquished to others; property damage does not occur in the course of travel or transporta- tion to or from any other country, state or nation, or "property damage" means injury to or destruction of tangible property. Supplementary Payments The company will pay, In addition to the applicable limit of liability: of bail bonds required of the insured because of accident or traffic law (a) all expenses incurred by the company, all costs taxed against the violation arising out of the use of any vehicle to which this policy insured in any suit defended by the companv and al{ interesr on the applic9, not to exceed $250 per toil bond, but the company shall have entire amount of any judgment therein which accrues after entry of no obligation to apply for or furnish any such bonds; the judgment and txfure the company has paid or tendered or de. (c) expenses incurred by the insured for first aid to others at the time of posited in Court that part of the judgment which cities not exceed the an accident, for bodily injury to which this policy applies; limit of the company s liability thereon; (d) reasonable expenses incurred by the insured at the company's re- (b) F~remirmts on apival {x.11(19 required in any such suit, premiums on quest, inch ding actual loss of wages or salary (but not loss or other Gonds to release attachments in any such suit for an amount not in incunte) not to exceed $25 per day because of his attendance at excess of the applicable limit of liability of this policy, and the cost hearings or trials at such request. Nuclear Energy Liability Exclusion (Broad Form) 1, The policy does not apply: "nuclear material" means source material, special nuclear malerfal of A. Under any Liability Coverage, to bodily injury or property damage byproduct material, (1) with respect to which an insured under the policy is also an "source material", "special nuclear material" and "byproduct insured under a nuclear energy liability policy issued by material" have the meanings given them in the Atomic Energy Act Nuclear Fnergy Liability Insurance Association, Mutual of 1954 or in any law amendatory thereof; Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an irsured under any such "spent fuel" means any fuel element or fuel component, solid or ri{icy but for its termination upon exhaustion of its limit of liquid, which has been used or exposed to radiation in a nuclear ability; or reactor; (2) resul6nr frnra the hazardous properties of nuclear material an "waste" means any waste material (1? containing abyproducl makrial and whit re„sec: to which (a) any person or organization is an from bb required to m.intain financial protection pursuant to the d (2) requiting the operation Y ny person or organization Atomic Eneriy Act of 1954, or any law amendatory thereof! of any nuclear locality included within the definition of nuclear or (b) the insured is, or had this policy not been issued woulA facility under paragraph (a) or (b) thereof; be, entitled to Indemnity from the United States of America, "nuclear faellity" means or any agency thereof, under any agreement entered into by the Untteci States of America, or any agency thereof, with any (a) any nuclear reactor, person or organization. (t) any equipment or device designed or used for (I separating the 8. Under any Medical Payments Coverage, or under any Supple- isotopes of uranium or plutonium, (2) processing or utilizing mentary payments provision relating to first aid, to expenses in- spent fuel, or (3) handling, processing or packaging waste, curred with respect to bodily injury resulting from the bawrdous (c) cny equipment or device used for the processing, fabricati propeeliet of nuclear nrafcria and arising out of the operation of it o- alloying of special nuclear materW if at any time the totn¢ al purl-ar facility by any person or organization. amount of such material in the custody of the insured at t!ta C. Under any Liabilityy Coverage, to bodily injury or properly damage prernisn where such equipment or device is located consists of requiting from the hacardoui properties of nuclear material, if or contains more than 25 grams of plutonium or uranium 233 (1) the nurlear material (a) is at any nuclear focilit owned by, or or any combination thereof, or more than 250 grams of uranium operates) by or oit behalf of, an insured or (b~has been dis. 235, charged or dispersed therefrom; (d) any structure, basin, excavation,pr emises or place prepared or (2) the nuclear material Is contained In spent furl or udsle at any used for the storage or disposal of tuarle, time possessed handled used, processed, stored, transported and includes the site on which any of the foregoing is located, all or disposed of by or on [,ehalf of an insured; or operations conducted on such site and all premises used for such (3) the bodily injury or properly daeuge arises out of the furnishing operations; by an insured of services, materials, parts or equipment in t'ouclesr reactor" means any apparatus designed or used to sust ll, connection with the planning, construction, maintenance, nuclear fission in a self-supporting chain reaction or to contain a operation or use of any nuclear facility, but if such facility is critical mass of fissionable material; located within the United States of America, its territories or possessions or Carnda, this exclusion (3) applies only to " roperty damage" Includes all forma of radioactive contaminstlon properly damage to such nuclear facflily and any property of property, thereat. I[. M used In this acfueion: Ill. This-exclusion modifiea the provisions of the policy relating to all Automobile Liability, General Liability ■nd Medical Payments "hazardous properties" Include radioactive, toxic or explosive Insurance other than Comprehensive Personal and Farmer's Com- properties; prehensive Personal Insurance. 1 The Travelers Indemnity Company Hartford, Conneclicat Policy Number ~KDS 3 2 5 9 7 41 , DECLARATIONS COMMERCIAL AUTOMOBILE-GENERAL LIABILITY POLICY Item 1. Namedlnjured _ WNI A BAIRD JR DBA DE14TON COUNTY TERMITE Address old street, town, eovnly, state) 902 1J a ELM -DFAlIDi17._TEXAS-- Ilerrt ll. Policy Period: From-MQ};_5--~69 to MoR_ 7Q 11:01 A.hl.t Item 3. - - tlmtb of Llabfttty Advance cove-tau each each pore person M occurrence I aggregate Premium ladil I nur lisbiht Owners', _ aan Tenanbndlordi hapertytDamage ltabil ry - t~ MI MIS Manufacturers lodily Injury Liability M M ! 87 L-10 and Contractors hopnly Damage I'labddy - M M - --~.._2~_ 23 lodil I The Insurance afforded Is only with ConplefedOperations y Injury liobilify_ M M MI: respect to such of the Coverage - and Products properly Damage tlo%ililyi-~-= M MII Parts as are indicated by Symbol Contractual lodily injury I iabilily_~ M M Liability haperfy Damage Liability = M M I Dumber and the Coverages therein - - - - - - as are indicated by specihc,pranium lodily Injury Liability M M f charge. The limit of the company's Automobile properly Dsmago Liability M g _ - - liability against each such Coverage Uninsured Motorists each person each accident shall be as stated herein, subject to _ (Damages fir Bodily Injury) M MIS _ premisesMedical Poymenls g M I reallftheerence thereto. of this policy having s Aulomobile Medical Payments y - S I . In any Limits of _ f Liability apace the letter "Ni" (ompnhlaslrs means Automobile (al,was ACV Less S Deductible I "Thousands of Dalian" and Physical IF, Ligbining or Tramportalioa t - the letters "ACV" mean "Actual Cash Value". Damage TboR S I (ombinod Addilioeal I Symbol ewmbon of EndorlomenN, Sehedvtel and addinenal Coveraas Pans formtna sport 6329 G604A 8300 I 110 of Me Poecy on 01 ollacove jets. Total Advance hemlura Rem 4. (a) The named injured Is: Individual K; partnership corporation joint venture others (b) Audit Period: Annual, unless otherwise stated: semi-annual quarterly monthly ❑ Rem S. During the past three years no insurer has canceled insurance, issued to the named injured, similar to that afforded hereunder, unless otherwise stated herein; Gooey Liability Coverage Pule--The declarations are completed on an accompanying schedule designated "General Liability Hazards". Automobile LlabDiy Coverage Puts-The declarations are colleted on an accompan in schedule designated "Automobile Liability Hazards". iStan ar time at the addrea the named aras stated herein. Countersigned by l ^I Isep this dedaratlorae page in your "Polley Jacket-Rditloa July 1, 19W, Form C-12111. These decluadoaa and all Coverage Parts, &h4dolito load 1ladorsem.ants booed to form a put hereof, together with your Policy Jackets form your complete lmuraaee pally. Gluts Uldoo ]sly f, foal eliatll In 61.6 This endorsement modifies such insurance as is afforded by the provisions of the policy reinfins to the rollowing: MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE EXCLUSION (Eleralarr) The insurance does not apply to bedity injury or property damage arising out or the ownership, maintenance, operation, use, loading or unloading of any elevator at premises owned, rented or controlled by the named insured; but this exclusion does not apply to an elevator 'it premises which the named insured owns, rents or controls only in part unless the named insured oper- ates, maintains or controls the elevator. THE TRAVELERS INDEMNITY COMPANY THE CHARTER OAK FIRE INSLTRANCE COMPANY ~%~A~/JJ~f>l ~S CrcrrlaY Seuelmy C-11571 10-66 PAINTrO fN V.S.A. N.S. j r This endorsement modifies such insurance ,is is afforded by the provisions or the policy relating to the rotlo,ving: COMPREhENSIVE GENERAL LIAB'LITY 1NSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE DEDUCTIBLE LIABILITY INSURANCE It s ngreed that; I. T'ie company's obligntion under the Bodily Injury Liability and Properly Damage Liability Coverages to pay damages on behalf of the inured applies only to the amount of damages in excess of any deductible amounts stated in the schedule below as applicable to such coverages, 2. The deductible amounts stated in the schedule apply as follows; (a) PER CLAIM BASIS _ If the deductible is on is 'per claim' basis, the deductible amount Applies under the Bodily Injury Linbilily or Property Dmmrige Liability Cavernge, respectively, to nil damages because of bodily injury susininrd by one person, or to all property dnainge sustnincd by one person or orgnnizution, as the result of any one orrurrence. (b) PER OCCURRENCE BASIS _ If the deductihle is on a -per occurrrence• basis, the deductible amount applies under the Bodily Injury Liability or Property Diminge Liabilit: Coverage, resirctively, to rill damages lwcause of all bodily injury or property damage as the result of any, one occurrence. 3. The terms of the policy, including !hose with respect to (a) the company's rights and duties with respect to the defense of suits and (b) the insured's duties in the event of an occurrence apply irrespective of the application of the deducti- ble amount, 4. The company cony pry any pn( or all of the deductible amount to errect settlement of tiny claim or suit and, upon notification or the notion token, the named insured shall promptly reimburse the company for such part of the deductible sari as has been paid by the company. SCHEDULE Coverage Amount and Brisk or Dsdvetlble III injury Llabihto { per claim It per occurrence Property Damage Liability It per claim IS 50 per occurrence APPLICATION OF ENDORSEMENT (Enter here tiny limitations on the application of this endorsement. If no limitation Is entered, the deductibles apply to all less however caused): Amending Policy No. KOS 395 rLA3 ME TRAVELERS INr)Fki.,irY COMPANY THE CHARTER OAK FIRE INSLIRANCE COMPANY C•IUII 1.61 PNINTIC IN a.11I N.S. CIGNA e r • DECLARATIONS SCHEDULE-General Liability Hazards No. Policy No. KDS 3259741 The letters "MP" wherever use(] in this schedule shall mean "Premium for Premises Medical Covc,age". Inclusion of a premium for Premises Medical Payments Coverage immediately be]uw the BcKhly Injury Liability premium for any-elevator shall mean that Premises Medical Payments Coverage is afforded with res sect h, such elevator. In the Rates and Advance Premium columns "BI" means "Bodily Injury Liability" and "PD" means "Property Damage liability". Location of all premises owned by, rented to or controlled by the named insured (Enter same" if same Ixation as address shown in Item 1. of declarations): Interest of namrd insured in such premises (De;cribe intrrest, such as "owner", "general' lessee" or "tenant"): Part occupied by na ned insured: Compteheauve General Liability Insnranca. The ioilowing discloses all hazards insured hereunder known to exist at the effective date of this policy, unless otherwise stated herein: Description of Hazards Code No. Premium Baseae BI Rates Advance Premium I PD _BI I PD A - Premises-Orval tons A - Area IBa, Ft.) A -Per 100 Sa. Ft, of Area B - Fkv aloe B - Frontage B -Per Wnew Foot C- tndependent Contractors C-1cemunerathm C -Per$too of Remuner. D - Compt-tcd Olvatlons I) - No. Insured atton E - Products E Cost D -Per Elevator F - Recepts E -Per $t 00 of Cost G - Bales F -Per $1000 of Receipts II - Admissions G -Per 11000 of Saks H-Per 100 Ad in lsslom EXTERMINATORS-INCLUDING TERMITE CONTROL-EXCLUDING THE USE OF GAS MIN MIN OF ANY KIND 3458 3600 .452 .328 BY 23 Ir ialmum Premiums Premises-Operations Independent Contractors- Products 81 $7 PD 23 81 PD HI PD C.tltes t-0assgts•i•r.•,. tv.•aduCov.Oartait,a,t0.tt,rr,fs,$n 461 'See over for brscriptioaof Premium Raw DESCRIPTION OF TERMS USED AS PREMIUM BASES: When used as a prcnrum hasi,: 1. "remuneration" uxans the entire remuntr,tGai earned duringg the isdicy pcri,„J b} pn,{rricb rs and by Al emplulces of the rruned imrtn.•~I, ulhvr thus ch.ruffeur, (encept .,i5rttnri of cnuinle equipiueatl and aircraft pilots and co-pilots, subject to any t,ccrtinre culling, or limiruti„n d remuneration rule applicahle fu accordance xfth, the m.tnu.rls in use by the co-.npamy; 1. "cost" rn("ui. the t.,t,.i (gut is the montsl inured with rv,pect tr, optrati.nrs ik,rfurmcd for the nnrned insured during the Policy perio,l by fndepeudent owirn turn of ali a-ork let.,r soh-Ict in wine tiun with etch sIrc,-ihc projert, including Ihecost of all labor, m,rteri.ds and eyuipmeot funii,hed, u,e,l .,r deliocred hu u,e in the eor lotion of such work, Whether furnished by the owner, contract„r ,.,r subo,utru tor, including all fees, allowances, b,nuses or cuininksiiris inade, paid or due; "receipts" nieaus the gross amount of ru,.uct ch,vged hr the n,tnted insured for such olcrations by the named insttre.l rg by other, during the s.lic% ixriod as are rated "n it receipts basis other than rVtOpts from telecasting, brnadct,ting or motion pictures, and in(Iu,~e, t.au,.,ther th,rn talc, ehich the n.tmod insured (,.Ilcvts asa separate item and remits directly to a govern. nier.tal division; 4. "sales" means the gru,s am"u„t of inonev ch.trged by the n.uued inured or by others trading under his manta for all gntets and pnuhrtts sold or di,trilmled during the {a,l co, (.erif,J and tKirged during the p,licy period fur installation, servicing or rgmir, and includes raves, ,to ^r than tdvrx x$ic the a.uned insured amd such nt hers collect asa separtte item and remit directly to a guvcnmtental division; 3. "Admissions" means the o,t.d numl er.d lrersons, other thin trill >trs of the narned fnsured, admitted to theevent insuru"3 or to events conducted on the prcutfses whether ort ptid admission tickets, complimentary tickets or passes. C-ItIM (SACK) t • 1 ' MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE COVERAGE PART COVERAGE FOR PREMISES AND FOR THE NAMED INSURED'S OPERATIONS IN PROGRESS 1. Coverage A-Bodily Injury Liability ♦ (f) to bodily injury nr proyrrly damage for which the insured B-Pro ere Damage Liability lr his iademnitee ntay bLee held liable, as a person or organi. Coverage p y nation engaged in the business of manufacturing, dig- T1 a com ,ny will pay on behalf of the insured all sums which the uributing, selling or serving alcoholic beverages or as an l infurcd s :dl become legaltp obligated to pay as damages because owner reason o or of ethsesor selli of ng, premises serving useord giving ng sucofh any purposes, alcoholic Coverage A. bodily injury or beverage Coverage B. properly damage (1) in violation of any statute, ordinance or regulation, (2) to a minor, to which this insurance applies, caused by an occurrence, and the comoany shall have the right and duty to defend any suit (3) to a person under the influence of alcohol, or against the insured seeking damages on account of such bodily injury or properly damage, even if anv of the allegations of the {}1 which causes or contributes to the intoxication of any suit are groundless, false or fraudulent, and may make such person; investigation and settlement of any claim or suit as it deems (g) to any obligation for which the insured or any carrier as expedient, but the company shall not be obligated to ppaay any his insurer may be held liable under an), workmen's com- claim or judgment or to defend any suit after the a~ r:icnble limit ppccusation, unemployment compensation or d'sabitity of the company's liability has 1wen exhausted by payment of benefits law, or under any similar law; judgments or settlements. (h) to bodily injury to any emplo}'ce of the insured arising out of and in the course of his employment by the insured; but this exclusion does not apply to liability assumed by the Excluaioos insured under an inc dental conlrarl; This Insurance does not apply: (i) to property damage to (a) to Vability assumed by the insured under any contract or (1) propertyownedor occupied by or rented to the injured, agreement except an incidental contract; but with respect to bodily injury or properly damage occurring while work (2) property used by the insured, or performed by the named insured Is in progress, this ex- (3) property in the care, custody cr control of the insured elusion does not apply to a warranty that such work will be or as to which the insured is for any purpose exercising done in a workmanlike manner; physical control; (b) to bodily injury or property damage arising out of the but parts (2) and (3) of this exclusion do not apply with ownership, maintenance, operation, use, loading or un- respect tobabihtyunderawritten sidetrack agreement and loading of part (3) of this exclusion does not apply with respect to (1) any aulomobile or aircraft owned or opc ..ed by or properly damage (other than to elevators) arising out of the rented or loaned to the named insured, or use of an eletalor at premises owned by, rented to or con- trolled by the named insured; (2) any other automobile or aircraft operated by any the earned person in the course of his employment by the named insuredd a rising out (f) to propersing out of s ou prchemipremsesises or any alienated part thereof; insured; but this exclusion does not apply to the parking of an (k) to properly damage to the named insured's products arising aulomobile on premisn, owned by, rented to or controlled out of such products or any part of such products; b the named injured or the ways immediately adjoining, (l) to properly damage to work performed by or on behalf of if such automobile is not owned by or rented or loaned to the the named injured arising out of t; a work or any- portion named insured- thereof, or out of materials, parts or equipment furnished (e) to bodily injury or properly damalearising out of and In the in connection therewith; oauree of the transp Wicin u mobile equiDmeta by an (m)to today igjar or yyroperry damage included within the automobile owned or operated by or rented or caned to the co,wf?:led opera lone Msard or the prod'udr Adsard; Named injured; (d) to bodil7 injury or damage arising out of the performed bodily d for the Nameeyd insdamageured b by y independent ofpendent nt lone property B performed for the Named maintenanceoperation, use, loading or un- tractors or acts or omissions of the named insured in con- loading of any watercraft, if the bodily injury or properly nection with his general supervision of such operations, damage occurs away from premises owned by, rented to or other than bodily injury or property damage which occurs controlled by the named insured- but this exclusion does In the course of not apply to liability assumed ~y the insured under an fnefden)al canlrarl; (1) mreainte7ance and repairs at premises owned by or nted to the named insured, or (e) to bodily Njur or property damage due to war, whether or net declared, civil war, Insurrection, rebellion or revolution (2) structural alterations at ouch premises whi:h do not or to any act or condition Incident to any of the foregoing, Involve changing the size of or moving buildings or with respect to other structures. (1) liability assumed by the injured under an incidental contract, or H. Penises lessened (2) expenses for first old under the Supplementary Pay- Each of the following Is an insured under this insurance to the menu provision; extent set forth below: (Continued on pagt 2) L 10 Page 2 (a) if the named insured is designated in the declarations as an III. Limits of Liability individual, the person so designated but only with respect to the conduct of a business of which he is the sole proprie- Regardless of the number of (1) insureds under this policy, (1) tor; persons or organizations who sustain bodily injury or properly damage, or (3) claims made or suits brou*ht on account of bodily (b) if the named insured is designated in the declarati"ns as a in try or prop rly damage, the company a liability is limited as partnership or joint venture, the parlnershi or joint follows: venture so designated and any partner or member thereof but only with respect to his liability as such; Coverage A-The limit of bodily injury liability stated in the declarations as applicable to "each person" is the limit of the (e) if the named insured is designated in the declarations as company's liability for all damages because of bodily injury other than an individual, partnership or joiiit %enlure, the sustained by one person as the result of any one occurrence; but organization o designated and ais satins ofhcer, subject to the above provision respecting "each person", the total director or stockholder thereof %It,l- acting within the liability of the company for all damages because of bodily injury scope of his duties as such; sustained by two or more persons as the result of any one occur- renee shall not exceed the limit of bodily injury liability stated in (d) any, person (uglier than an employee of the mrnud insured) the declarations as applicable to each occurrence". or organization while acting as real estate mmnager for the named insured; and Coverage B-1 he total liability of the company for all damages e on for the because of all properly damage sustained by one or more persons or with respect to the operation purpose of locomotion organizations as the result of any one occurrence shall not exceed upon a public highway, of mobile equipment registered the limit of property damage liability stated in the declarations as under any motor vehicle registration law, applicable to "each occurrence". (i) an employee of the named insured while operating any Sub'ect to the above provision respecting "each occurrence," the such equipment in the course of his employment, and total liability of the company for all damages because of all (ii) any other person while operating with the permission properly damage to which this coverage applies and arising out of of the named insured any such eaiiuipment registered in premises or operations rated on a remuneration basis or con- the name of the named insure C and any person or tractor's equipment rated on a receipts basis, including property organisation legally responsible for such operation, but damage for which liability is assumed under any incidental, ontract only if there is no other valid and collectable insurance relating to such premises or operations, shall not exceed the limit available, either on a primary or excess basis, to such of property damage liability stated in the declarations as "aggre- person or organization; gate". Such aggregate limit shall apply separately with respect to provided that no person or organization shall be an insured each project away from premises owned by or rented to the under this paragraph (e) with respect to: "arced insured' (1) bodily injury to any fellow employee of such person Coverages A and B-For the ?ad a of determining the limit of injured in the course of his employment, or the company's liability, all bodily in''try and property damage arising out of continuous or repealed exposure to substantially (2) properly damage to property owned by, rented to, in the same general conditions shall be considered as arising out of charge of or occupied by the named insured or the one occurrence. employer of any person described in subparagraph (ii). This Insurance does not appto bodily injury or properly damage IV. Policy Period; Territory arising out of the conduct oven) rtnership or joint venture of which the insured is a partner or member and which is not des- This insurance applies ...Iy to bodily injurp, or property damage ignaled in this policy as a named insured. which occurs during the policy period within the pdiay territory. C•I114J Edition Inlr 1.1966 rutue 00 0 a,a, F.S. (NC) L 10 f a Conditions 1. Premlum. All premiums for this policy shall be computed in accord. 6. Other Insurance. The insurance afforded by this oo!fey is primary ante with the cornp: riy's rules, rates, rating plans, premiums and insurance, except when stated to apply in excess of or con•mgent upon minimum premiums ay, licable to the insurance afforded herein, the absence of other insurance . Whet this imurance is primary and the Premium designated in this policy as "advance premium" is a deposit injured has other insurance which is stated to be applicable to the loss prtmium only which shall Le credited to the amount of the earned on an excess or contingent bails, the amount of the company's liability PrePmium due a t the end of the policy period. At the close of each period under this policy shall not be reduced by the existence of such other or art thereof terminating with the end of the policy period) desiR- insurance. t rated in the declarations as the audit penal the earned r premium shall 55'hcn both this insurance and other insurance apply to the tons on tba lie computed for such lxriai and, upon notice thereof to the named same basis, whether primary, excess or contingent, the company shall inru•ed, sball become due and payable. If the total earned premium for not to lialde .mdcr this policy fur a greater prop wt:on of the loss than the policy period is less than the prey ium previously paid, the com- that stated in the applicable coutribut:o s provision below; pany shall return to the named insure I the unearned portion paid by (a) Contribution by Equal Shares. If aH of such other valid and the named injured. collectible insurance provides far contribution by equal shares, the The namrd ins red shall maintain records of such information as is company shall not be liable for a greater proportion of such Igss necessary for premium computation, and shall send topics of such than would be payable if each insurer contributes an equal shire records to the company at the end of the policy prir_xJ and at such until the share of each insurer equals the lowest applicable limit times during the policy period as the company may direct, of liability under any one policy or the full amount of the loss is 2. Ins action and Audit. The company shall he Palrl, and with respect to any amount of loss not so paid the p permitted but not ob- remaining insurers then continue to contribute equal shares of the ligated to inspect the named insured'] properly and operations at any remaining amount of the loss until each such insurer has paid its time. Neither the eornpany s right to make inspections nor oho making limit in full or the full arnount of the loss is paid. thereof nor any report thereon shall constitute an undertaking, on (b) Contribution by LlmiLL If any of anoh other insurance does not behalf of or for the ber,efit of the named insured or others, to detcrmiue pproide far contribution by equal shares the company shall not or warrant that such property or operations are safe. be livable fur a greater protection of such loss than the applicable The company may examine and audit the namrd insured's books and limit of liability under this policy fur such loss bean to the total records at any time during the policy period and extensions thereof and applicable limit of liability of all valid and collectible insurance within three years after the final termination of this policy, as far as against such loss, they relate to the subject matter of this insurance. 7. Subrogation. In the dent of any payment under his policy, the S. Financial Responsibility Laws. When this policy is certified as proof company shall be sabrogated to all the injured's riiints of recovery of financial responsibility for the future under the provisions of any therefor against any person or organisation and the insured shall motor vehicle financial respnsibfllty law, such insurance as is afforded execute and deliver instruments and papers and do whatever eke is by this policy for bodily injury liability or for property damage liability necessary to secure such rights. The injured shall do nothing after loss shall comply with the provisions of such law to the extent of the cover- to prejudice such rights. age and limits of liability required by such law. The insured agrees to reimburse the company for any pa ment made b the company which S. Changes. Notice to any agent or knowledge possessed by any agent it would not have born otligat~ to make under the terms of this or by any other person shall not effect a waiver or a change in any part policy except for the agreement contained in this paragraph. of this policy or estop the company learn asrrting any right under the terms of this policy; nor shall the terms of this policy be waived or 4. Instred's Duties In the Event of Occurrence, Claim or Suit. changed, except by endorsement issued to form a part of this policy, (a) In the event of an ocrurre sm, written notice containing particulars signed by the President, a Tice President, Secretary or Assistant sufficient to identify the injured and also reasonably obtainable Secretary of the company; provided, however, changes may be made information with res y in the written portion of the declarations by a manager or antral pact the time, place and circumstances thereof,and the names and addresses of the injured and of available agent of the company when initialed by such manager or general agent. witnesses, shall be given ble or for the injured to the company or y, AssigamcnL Ass!gnment of interest under this policy shall not bind ■ny of its authorized agents as soon as practicable. The named the company until its consent is endorsed hereon; i, however, the injured shall prompptly take at his expense all reasonable steps to named inrurrd shall die, such insurance as is afforded by this policy prevent other bodr'ly injury or properly damage from arising out of shall apply (1) to the named insured'r l al representative, as the the acme or similar cond.uuns, but such expense shall not lx re. named insured, but only while acting withhiin the scope of his duties coverable under this policy. as such, and (2) with respect to the property of the named injured, to (b) If claim is made or suit is brought against the injured, the insured the person having proper tentimrary custody thereof, as insured, but shali immediately forward to the company every demand, notice, only until the appointmentandd qualtfication of the legal representative. summons or other process received by him or his representative, 10. Three Year PoLrcy. If this policy Is issued for a period of three v.ars, (c) The injured shall cooperate with the company and, upon the com- the limits of the company's liability shall apply separately to each pany's request, assist In making settlementa, in the conduct of consecutive annual pr of thereof. suits and In enrorcing any right of contribution or Indemnity against any person use orgamzatlon who may be liable to the fi ivied 11. Cancellation. This policy may be capeefvd by the ^am d Injured by because of bodily fnl'ury or properrr damnfe with respect to which mailing to the compact written notice stating svhen therearter the insurance Mader this policy; and the insured shall attend cancetlition shall be effective. This policy mxy be canceled by the hcarinRs and trials and assist in securing and giving evidence and company by mailin$ to the named incur, d at the address shown in this obtaining the attendance of witnesses. The injured shall not, policy, written notice stating whet net less than ten days thereafter except at his own crest, voluntarily make any payment, assume any such cancellation shall be tPel•tive. I he mailing of notice as aforesaid obligation or incur any expense other than for first aid to others at shall be sufficient proof of notice. The eflective date and hour of can- the time or accident. cellation stated in the notice shall Isecamne the end of the policy period, Delivery of such v ritten notice either by the named injured or by the 5. Attica Against Company. Na action shall lie agaainst the company company shall be equivalent to mailing. unless, as a condition precedent thereto, there Sall have been full If the named inrurrd cancels, earned premium shall be computed In compliance with all of the terms of this policy, nor until the amount accordance with the customary shat rate table and procedure. 11 the of the injured's obligation 'o fay shall have been finally determined company lancets, earned premium shall be computed pro rata. Pre• either by judgment agees! the inrurrd after actual trial or by mium adjustment may be made either at the time cancellation Is written agreement of the inrurrd, the claimant and the company. effected or as soon as practicable after cancellation becomes efleclive Any person nr organization or the Irgr.1 representative thereof who has but payment or tender of unearned premium is not a condition of secured such judgment or written agreement shall thereafter be entitled cancellation. to recover under this policy to the extent of the insurance afforded b this policy. No person or organization shall have any right under this 11. Declarations. By acceptance of this policy, the named insured agrees policy tolrn n the company as a party to an> action against the injured that the statements in the declarations are his agreements and repro- to dtlerrn a the injared's liability, nor shall the company be implearled sentations, that this policy is issued in reliance upon the truth od such 1 the fissured or his legal reesentve. Bankruptcy or insokenq represen tations and that this policy embodies all agreements existinjr he injured or of the tanredirestate shall not relieve the company of between himself and the company or any or its agents relating to this any of Its obligations hereunder. Insurance. (continued on Page J) Page 3 New York Special Provisiun-If a Comprehensive Automobile Liability Insurance, Garage Insurance.,r Automobile hfed;cal Payments Insurance Cover age Part forming a part of this poiicv insures premises located or automobiles principally garaged in New York, the Nuclear Energy Liability Exclusion (Broad Form) does not apply to such premises or automobiles. Puerto Rico Special Provision-it is agreed that the Action Against Company Condition applicable to any Lability coverage afforded by the policy rith respect to ucuneacer which take place in Puerto Rico is amended to read No action shall lie against the er-mpany unless as a condition precedent thereto, the insured shall have fully complied with all the terms of this policy. South Carolina Special Provision-If a Comprehensive General Liability, Manufacturers' and Contractors Liability, Owners, Landlords and Tenants Liability, Completed Operations and Products Liability, Contractual Liability-, Premises Medical Payments or Garage Insurance Coverage Part forming a part of this policy' insures premises located in South Carolina, it is agreed that with respect to such insurance that part of the alcoholic beverage ex- elusion which relates to the selling, sen•ing or giving of any alcoholic beverage (a) to a person under the influence of alcohol or (b) which causes or contributes to the intoxication of any person, is deleted. Vermont Special Provision-If this policy affords a Liability Coverage with respect to a premises located or an oulomoWeprincipally garaged in Vermont, I it is agreed that the pol;cy is amended in the following particulars with respect to such Coverage: The Policy, including this endorsement, is issued and delivered subject to the Lae-s of Vermont and particularly to Section 9242, Chapter 391 "The Vermont Statutes, Revision of 1941," including the following statutory requirements forming a part of such Laws: The company shall pay and satisfy any judgment that may be recovered against the insured upon any claim covered by this Policy to the eaten! and v. ithin the limits of liability assumed thereby, and shall protect the insured against the levy of any execution issued upon any such judicial judgment or claim against the insured. No limitation of liability in this Policy shall be valid if, after a •ud&ment has been rendered against dw insured in respect to his legal liability for damages in a particular instance, the company continues the btigation by an appeal or otherwise, unless the insured shall stipulate with the company, agreeing to continue such litigation. No action shall lie against the company to recover for any loss under this Policy, unless brought within one year after the amount of such loss is made certain either by judgment against the insured after final determination of the litigation or by agreement between the parties with the written consent of the company. The inwlvency or bankruptcy of the ircsured shall not release the company from the payment of dame`s for Injury sustafeed or loss ooza4cre" during the life of the Policy, and in use of such Insolvency or bankruptcy inaction maybe maintained by the inured person or claimant agacost the company under the terms of the Policy for the amount of any judgment obtained against the insured not exceeding the limits of the Policy Payment of any judicial judgment or claim by the insured for any of the company's liability hereunder shall not bar the insured from any setion or right of action against the company. In case of payment of loss or expense under this Policy, the company shall be subrogated to all rights of the insured against any party, as respects such lass or expense, to the amount of such payment, and the insured shall execute all papers required and shall cooperate with the company to secure to the company such right. In witness whereof, THE TRAVELERS INDEMNITY COMPANY has caused this policy to be signed by Its President and Secretary al Hartfords Connecticut, and countersigned on the declarations page by a duly authorized agent of the company. ,5x~im4s~ ALW Yrcsidrnf Secretary 411113 EdAloulalr 1. 1%6 rsiarss ias.s.x lt.6. (CA) V v i f WESTER M PANY dto CFilCACr.y~~~,'.lt',1~^~',RJ1Y;,8,.`/~'Lti:46 PALO ALTO LICENSE AND PERMIT BOND KNOW ALL MEN BY THESE PRESENTS: BOND No. 1236975 That we, _ Gerald David Lowe dba Lowe's Studio of the City --of -Water ya11ey--- , State of Mississippi , as Principal, and the WESTERN SURETY COMPANY, a corporation duly licensed to do business in the State of as Surety, are held and firmly bound unto the --City of D ntg i , State of_ Texas , Obligee, in the }penal sum of~---- One Thousand and No/100 ($_1000.00 DOLLARS, lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, jointly and severally by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal has been licensed as a Ph.)to&r gber _ by the said Obligee. NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all Amendments thereto, appertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect until . necember 15-_, 19 0, unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by cer- tified mail, to the clerk of the Political Subdivision with whom this bond is filed and to the Principal, addressed to them at the Political Subdivision named herein, and at the expiration of thirty-five (35) days from the mailing of said notice, this bond shall ipso facto termicaate and the Surety shall there- upon be relieved from any liability for any acts or omissions of the Principal subsequent to said date. Dated this 15th day of__ Decembe 1969 Principal Principal Countersigned W E S T E S T Y C O M P A N Y By_ By Resident Agent W. ACKNOWLEDGMENr OF SURETY (Corporate Officer) STATE OF TEXAS ss Coanty of Dallas On this 15th day of _.__December 1969 , before me, A; W.- GAYI AM. SECRETARY the undersigned officer, personally appeared who acknowledged himself to be the aforesaid officer of the WESTERN SURETY COMPANY, a corporation, and that he as such officer, being authorized so to do, executed the foregoing Instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires June 1 1A 71 C.f Notary Public . ACKNOWLEDGMENT OF PRINCIPAL (Individual or Partners) STATE OF _ } County of ss On this . day of 19-_, before me personally appeared II known to me to be the individual described in and who executed the foregoing instrument and acknowledged to ma- that-_ he _ executed the same. My commission expires i 19 - - - Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporate Officer) STATE OF } County of } ss On this day)) of 19_, before me, personally appeared who acknowledged himself to be the of a corporation, and that he as such officer beirg authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as such officer. My commission expires Notary Public N~ S - - - 2 Q ~ ~ W W .Y ° l WESTER 0 M PANY one aj ►4rr , 44, lea s I~ CHiCAl7(y, !~}•~~.7X.A~C • ' ALAS PALO XLTO BALA•CYNANYD. PA. 1 (LICENSE AND PERMIT BOND (For County. City. Town or Village Only) KNOW ALL MEN BY THESE PRESENTS: BOND No. L & P1505119 That we, ,Tameg--E,--3ri-aeo_DBA_Triangle_Flumbin - of the-Cit-v--of _ nenton State of Texas , as Principal, and the WE TES RN SURETY COMPANY, a corporation duly licensed to do business in the State of as Surety, are held and firmly bound unto the City of Denton State of- Texas Obligee, in the penal (Valid only when a County. City, Town or Village is named as Obligee) sum of ono_thwxs=d_=d = 00 .1 D XO_ DOLLARS, (NOT VALID IF FILLED IN FOR MORE THAN $10000.001 , ' lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, jointly and severally by these presents. THE CONDITION OF THE AEOVE OBLIGATION IS SUCH, That whereas, the said Principal has been licensed ---------as a-plu#b er by the said Obligee. NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all Amendments thereto, appertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect until i December-30 , , 1969_, unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by cer- tified mail, to the clerk of the Political Sub~'vislon with whom this bond Is filed and to the Principal, addressed to them at the Political Subdivisio,, named herein, and at the expiration of thirty-five (35) days from the mailing of said notice, this bond shall ipso facto terminate and the Surety shall there- upon be relieved from any liability for any acts or omissions of the Principal subsequent to said date. Dated this 90th day of _Ilacemher , 19-69 Trianglee Ply m ng Principal Principal ` f ountetI M / _.WESTERN SURETY COMPANY f~ ZL l B G By IQ) ! 1 ;rs ! aiden! Agen - - ACKNOWLEDGMENT OF SURETY (Corporate Officer) STA OF SOUTH DAKOTA 1 t B! County of Minnehaha ) On this 90th day of Ilacember , 19119, before me that undersigned officer, personally appeared M. Stratton, Asa't. Scc'y. who acknowledged himself to be the aforesaid officer of the WESTERN SURETY COMPANY, a corporation, and that he as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of th t corporation by himself as such officer. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires v. o kwAA WIAAY PUBLIC ,,yy wnnawu+ w+rr FS•7i1 , lA...._ s~ Notary Public-South Dakota ui ACKNOWLEDGMENT OF PRINCIPAL (Individual or Partners) STATE OF T$xa8 1 ss County of_!'entQZ>r-_ On this 30th -day of-December 19 _69 before me personally appeared known to me to be the indiridual-described in and who executed the foregoing instrument and acknowledged to me that.-he-executed the same. My commission expires --d1u18--.-1r 19.71 h2, Notary Public i ACKNOWLEDGMENT OF PRINCIPAL (Corporate Officer) i STATE OF County of ss On this _ day of . 19-, before me, personally appeared who acknowledged himself to be the _of a corporation, and that he as such officer being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing the name of the corporation by himself as such officer. My commission expires 19 Notary Public i i s i ~ Z l ~ ~ p+ to r > PLUMBERS BOND STATE OF TEXAS KNOW ALL MEN BY 1HESE PRESENTS: COUNTY OF DENTON That we, Triangle Plumbing as principal.and Western Surety Company as surety, are held and firmly bound unto L. A. Nelson , Mayor of the City of Denton, Texas, i and to his successors in office in the sum of One Thousand Dollars ($1,000.00), for the payment of which we hereby bond ourselves, our heirs, administrators and assigns jointly and severally. The condition of the above obligation is that whereas the principal herein was granted a Plumbers License in the City of Denton, Texas; Ih Now therefore, if the said Triangle Plumbing principal herein, shall at all times comply with the Ordinances of the City of Denton goverriing plumbing in said City and all the laws of the State of Texas which regulate plumbing, and conditioned further that the principal herein shall fulfill any and all contracts made for plumbing work, then thin obligation shall become null and void; otherwise to remain in full force and effect. This bond shall be for the use and benefit of the City of Denton, Texas, and for the use and benefit of any person having a cause of action grow- ing out of the installation, alteration or repairing of any part of any plumbing or gas system by said applicant or any of his employees, or growing out of a breach of a contract for the installation, alteration or repairing of any part of any plumbing or gas system by said applicant or any of his employees. IN TESTIMONY WHE WF, WITNESS OUR HANDS At Denton, Texas, this 30th day of December ly 69 I Trlan le Plumbing Pr no pal e ern ure ~om Pn C Sure e CERTIFICATE OF INSURANCE , Thil is to cittily Thal the Trinity Universal insurance Company LE] Security National Insurance Company i ' his issued to NamedlnsuredOUVoit_06ld>«ith.CO*prunY--Ot..Da13, AA#_JMlS _.....~........r..'! Address 2511 North Haskell Avemeers the loltowing described policy or policies covering in Iccordance with the tonditifMS hereof, it the lollowing Iocition or locations Deauiptien of woi5 ctVr*ilsatoar~ 1. WORKMEN'S COMPENSATION - POLICY NOP-JIM-AA- Slal-rto{y Limits To Comply with Los of the SIatH1) Of Texas And Employers' Liability - Limit of Liability S IMe~• Effective 1-31-69 Expiring ~7!31~'10 STANDARD COMOINATION AUTOM091LE POLICY N0, OLA 7977 724 r, EBective_ 7-31.09 Expiring 7.31►70 Limits cif ill, ability; Bodily Injury - S 100/0004 Each Poison Property Damage S 100&M ' Each Accident S _ 3001000. Each Accident I Coteprohen iv0 Automobile Covering Coed Automobiles-Sac Schedule on Reverse Side-Hired Automobiles Ye62] No[D Employers' fim-D nershlp Yes.3 Ro] GENER/.t LIABILITY - AUTOM051L1 POLICY NO, GLA 179770.64--- r l ' Policy Effective; 7"31'69 r, timilsof Liability Effective' 12•t3•t39 ' Expiring y•31.710 alit not same as Policy Effective Date) Insunnto is afforded only With respect to such coverage parts end coverages is ill indicated below by Insertion of Ex] and of limits of liability. "k" lnwnn4e C4ve'N4 ~Ort1 Ggr4N4 ~c 4n'Tn 4c e4w~n/ r4 41 '1 , WCrtmprehenWe Gene al liability stlncluding-lo Excluding Compleled Operations-Products A Bodily Injury Liability 11005'900 1310/00014 Srl0010004 to O vnefs% landlords' and Tenants' Liability rw 0 Manufaclurers' and Contractors' liability ~~m O+ners' and Conlraciors' Protective Lietrility B Properly Damage Liebitily S 10060004 1 1001000 ` fa Completed Operations - Products Liability r jfa Olhoc (Speclfy)...._____ i Y Contractual Bodily In Carlractual Liability Inw'anco t ur LlaDihl 4 4 (DlsigDaleJ conbacb only) on radui roper $ _ Damns Liability Doc u11 1ab+IHyTnsufaa5 it In or Lkabilil 0 Blon4l ro ere ama a liabilrt 1 0 ompre ens vo u (mob e TbiliTyTnsurance d 3m raDi it , All Owned Automobiles a roportags Nixed Autanobilai a Included 0 Excluded Liability Y, rt''ri Employers, nor,•Own610i n Included a Excluded p arage insurance 4 n u la i ; ' ` Sr ~4 tl lopefty Damage Liability p0 reNs, Dover ge parts, coveragas, an en orsemenis re errs to herein are elan aid forms in use this canpbny, filed Wr en approvea by Me All stale insurance boardls) having jurradirhon,This Ceflibcale of Insurance neither sffirmbtively for negatively amends, Words, nor liters the coverage I.4 provilIM by the policies lisrnd I ovia, This cerlilrcate issued at tl+e request 01; ' Address Alunic-ipal BuLldingl Denton, Texas 76201 ` r, - _.._..._..._........_..._~r.• ' 11 Is EIs fetsatim of the Company that in the owl of saneefouof of the polity of gouda the Come 0111i11M ! Ih 0+ such fbnplau0n Wi14 Os , lawn to you it the address 11810 above, r ill?-6fl, r5 x~i' PQRIf IN41Rr!{~, F•-NI~ ~~~r~~{ilrrhalll/ gNIMhHN 1~'. r. Hooch Office Agency TRINITY UNIVERSAL INSURANCE COMPANY Dallas, Texas Amount themium 1 OOO OO CONTINUATION CBHTIFICATB $----.-10.00- - Date of original bond: 1-20-67 BOND No. 152913 issued by the TRINITY UNIVERSAL INSURANCE COMPANY forOpo Thousand & No/100 (1,000.) Dollars, on behalf of Goldsmith, Oliver, Inc. I in favorof City of Denton, Texas is hereby continued in force from the 20th day of Jan., 1970 to the 20th day of January , 19 7lsubject to all the covenants and conditions thereof. It is expressly stipulated that in no event shall the aggregate liability of the Surety for any one or more defaults of the principal during any one or more years of the suretyship under the bond hereinabove referred to, sa extended by this or any other extension thereof, exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. Trinity niversal Ins nee Company By I t' Darlene GideAlo ey in act sa.s-Tu a~ fu j e TRINITI' UNIVERSAL As' I a a Y a l • e a t e ■ e a e e POWER OF ATTORNEY KNOW AIL MEN IT THESE PRESENTS: Thal TRINITY UNIVERSAL INSURANCE COMPANY, a Texas Corporation, in pursuance of authority gran4t" by that sertpin resotulian adopted of a regular moo0o; of its Board of Directors, held of the office of a Company, in the Cites of Dallas, Texas, on the Iwenfy-Third day 0 Jonvary, 1137 and of which the following 11 a true, full and complete copy: 4 salt' ad, Thar Ihs Prasidans, any vice M1nide m, or any Seoerary of this Compony be and are ha[oby awha,ued and e,npeo-rertd to mci execute and c ivD in behalf of the Correctly Ynlo lush pagan or polio,, relldine within IS, Undid Stabs oAtno 4a. of they may tehct, its Power of Attorney can- et6ming and appoinrma eo[h wch person to Atrorner m-Pact, with full parer and wrl,wily ro make, execute and deti.or. For if. in its name and 'n it, b.hart, as surely, any porliculer bond ere undersaklme thot Jnay be reaui,od In the Ipeciliad lor':,or underpch Iimna Ye ns antl ruvietia ns, both as to nature of such bond, or undertok'm c and as to limit[ of liability Its E7 undenaLn by the Company, as said Blinn mar deem p,epe4 she nature of such bends ar undulakingc end the limits of Kol i9ity n w%I,h such rowels of atle,,er may be wtrlcfed, to be in each instance (posited in such Pawet of An otnev." amended of a rrgurar meeting of its Board of Diredon held of the office of the Company, R the City of Dallas, Texas, on tile "seventeenth day of October, 1967, and of which the following is a true, full and complete copy: ' - - ~ kESOLVED, That ary and ail Attorneys in Fact end officers of the Company, indudtoe Anisranl Swelades, whether or ,rot she Secretary is *blame, be end ere hereby oohoriaed and empowered to [e silty a, Irif, [op;es of the By-isw, of the Campa,y e[ wan as any nr,oluhon of the (hrecrors, having to do with ohs s. wuii of bend", racoaniron[os, conrracn of inci and all other writing, obligNwy In she nature Thereof, or with regard M rho powers of cry of she officers of the Company or of Attorneys A fact. RESO.NED, Thnt 0,e Ngnsture of any or ;he persons dumbed in the fo egyoing ntolunon may be faaimila vgnduns et fi,ed or r,p,odund by any form of typing, printing, stamping or other reproduction of the names of the persons here.nabove authorized, does hereby nominate, camUtuls and appoint: DARLENE GIDEON - DALLAS, TEXAS its true and lawful Adtomey-in-Feet, to make, exeeuls, seal and deliyo lot and on its behalf, as sure Fy in the United States of America: Any and all bunds provided the penal sum of no one bond enceeds--------------------------------------------------- TWENTY-FIVE THOUSAND AND NO/200--------------------- ($25J,000s00) DOLLARS and to be given -or the fol law Ing purposes only, to-wit; Ovoranfeeing the fidelity of persons holding places of public or private trvsr; Guaronfesing the performance of contracts for public or private construction, including suppty contracts; and all other bonds and undertakings required or permitted PROVIDED that no bid or proposal bond Is to be executed where the amount of the estimated contract i ; in 0<cess of TWENTY-FIVE THOUSAND AND NO/100---------------------($25,000e00) DOLLARS and PROVIDED, No oufboriry is extended for the execution of Open Penalty Bonds No auii Is given to e.ecuto any bond wherein said ctrcrney-in-fact appears as o parry at interest either as principal or obligee. And the execution of such bonds or undertakings, In plrnuento of these pnosAi shall be no binding upon the soil Company, as fully and simply, to all inlerls and purpooah a, if they hod been duty esstviod and acknowledged by the regularly elected affirm of the laid Company at its office in Dallas, Texas, in their own proper persons. in wilns60 whnsal, TRINITY UNIVERSAL INSURANCE COMPANY has caused its corporrate~ seal to be hermits affixed and three poser is to be duly ue':uted by its III officer this ~_day el May , l9kit_. Annh TRINITY UNIVERSAL INEURANCI COMPANY Gs Le DUMVILT,E, SECRETAW MAU Titre R o Me McWHIRTER, VICE PRESIDENT %fate of Tow ,st Cavely of Damao On Ii day peysanally appeared before me, a Notary Public, In and far the County of Dallas, the abort nomad officer of TRINITY UNIVERSAL INSURANCI COMPANY, kafie, being duly sworn by me, did depose end say that he is the sold office? of the Company aforesaid, end that the loci offlAed fie de puudieE indtumeel h the corporate toot of the laid Company, and that the said eeepe,ole 6001 and hie tignt0we as rvch III ware duty allied end Wasulbed to the said imtruniant by the nirharlfit and direction of the said Compony. 1E Vy'dnase'my hand end teal, Ats-..9th day of May IsEAu e , My cemmi60ien e,pinkAiiii I-it 1969-- Cie L„ Cason, Jre Notery Public - I dehslgned, Seerefafy of TRINITY UNIVERSAL INSURANCE CVAPANY, do hereby Cattily shot tie orlgino; POWER OF At,rb Y1,611 filch the loregtsing is of full, five and correct copy, was olgned by the Officers and Notary Public whose names are,hown above and R' .rh, " "l- Or ,e and effect. ~J n y, this a a~' In uAt rho i'tit ~ eel, I have hereunto svsscribod my, "me and offl.ed the corpora's $eol of the Compan ; sh~~fs- k • ff s=' Secretary CERTIFIED COPY OF POWER OF ATTORNEY SEL CERTIFICATION ~s s ~ ~ 1 Y 1{.~;~ fi THE STATE OF TEXAS, ~ KNOW ALL 31EN BY THESE PRESENTS: I COUNTY OF DENTON THAT CHARLES DAVID MULKEY 3 of Denton County, 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 acknowledged, do by i these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and unintermpted use, liberty and privilege of the passage in, along, upon and acm.33 the following described property, owned by him Situated in Denton County, Texas, in the Survey, Abstract No. I E All that certain lot, tract or parcel of land lying and being situated' in the Hiram Cisco Survey, Abstract 1186, and also being in the City and County of Denton, State of Texas, and being part of a tract of land conveyed by Eula L. Piner to Charles David Mulkey by deed dated November 9, 1961, and recorded in Volume 474, Page 627 of the Deed Records of Denton County, Texas, and being more particularly described as follows, to wit: BEGINNING at a point in the southeast corner of the abovementioned Mulkey tract, said point being in the extended north right of way line of East Oak Street; THENCE in a westerly direction with the south property line of said Mulkey tract, same being the extended north line of East Oak Street, a distance of 35 feet, more or less, to a point for a corner; THENCE in a northerly direction, parallel to the east property line of said Mulkey tract, a distance of 10 feet to a point for a corner; THENCE in an easterly direction, parallel to and 10 feet north of the south property line of said Mulkey tract, a distance of 35 feet, more or less, to a point in the east property line of the Mulkey tract for a corner; THENCE in a southerly direction with the east property line of the said Mulkey tract a distance of 10.0 feet to the place of beginning, and containing 350 square feet of land. And it is further agreed that 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 to found upon said property. Forthepurposeof constructing, installing, repairing and perpetually maintaining drainage facilities 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 baying ingress, egress, and regress in, along upon and across acid premises for the purpose of making additions to, improvements on and repairs to the said drainage facilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness is hand this the rday of GYj?B.~r , A. D. 19 01), ~Ibe CHARLES DAVID MULKE SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned author!ty, COUNTY OF..DENTON---__.-....__- In and for said County, Texas, on this day personally appeared.- CHARLES._DAILID...MULKEY~_~ known to me to be the person....,-whose name _..IS....... subscribed to the foregoing Instrument, and acknowledged to me that...-he executed the same for the purposes and consideration therein ed. Iq GIVEN TINDER MY HAND AND SEAL OF OFFICE, This ay Notary Pu DENTON..___ ................._..County, Texas My Corn Ission Expires June 1, 19-.7. 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 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 .---_.---_---been examined by me privily and apart from her husband, and having the same frlly explained to her, she, the said acknowledged such instrument to be her act and deed and she declared that ahe 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 Expires June 1, 19 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 - _ known tome to be the person whose name Is subscribed to the foregoing instrument, x . and having been examined by me privily and apart from her husband, and having the same fullr explained to her, she, the said . acknowledged such Instrument to be her act and deed, and she declared that 'she had willin; ly 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............ (L.S.) _ Notary Public _...................Couity, Texas My Commission Expires June 1, 19_._....... CLERK'S CER E - THE STF TE i,.... (rt . County COUNTY 0 h.._.. Clerk of((~~° County~?i) ,of said County, do hereby certify thatthe foregoing Instrument of writing dated on the _.....,t!sJ.......do ot./ A. D. 19. with its CertificateX.ft utntlestion, was Aled for record In my o° tha...p..... ot..-......... e ...............A. D. 190, at 'b7k If., and duly A. D. 197 atl J'. . S'clock M•% the ~¢JQ . r ...........Records of said County, In Volume on pages......... 3n.3 WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at once ".,a4Z . w.. .w . _ , the day and ea i~aagt abov •ten'. d+` ...Q. 4e..r......... County k ...tt7............ nty, Texas, (G 8.) $y....J(~O f........ , Deputy. f A N -4 ! 1y 1-4 90 06 z o ps~... H G as FILE W 9PM RDEfATO V.UN YCI 70 25 ~r TH tai O E C~ UP 9r E0 ml J1 C-:ay-(IL7r C6'Jdl UtED-:Y ItL 91nd4 Joint aaJ 57 ifa. BrNania AcLnovla!cwen4 !i.\LTIS ClAttuuay ca. 111E STATE OF T11' ' KNOW A7,L MEN BY THESE PRESENTS: COU;\'YY OF That A. F. Yeager, Estate I of the County of Denton and State of Texas , for and In consideration of the su/!of Ten and No/100 Dollars ($10.00) and other good and valuable considerations DOLLARS, to me in hand paid by the City of Denton of the County of Denton and State of Texas , 'the receipt of which f I Is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER ~ I QUIT CLAI31 unto the said City of Denton, its successors f heirs and assigns, all his right title and interest in and to that certain tract or par. 3j3 iI cel of land lying in the County of Denton and State of Texas, described as follows, { to-wit: all that certain lot, tract, or parcel of land lying and being situated in the City and County of Denton, State of Texas, being a--part of the Hiram Cisco Survey, Abstract I No. 1184, and being a part of Lot 8, Block 3 of Moore Addition to the City of Denton, Texas, as recorded in Volume 178, page 524 of the Deed Records of Denton County, Texas, said Lot &being conveyed by Dave Johnson to A. F. Yeager by deed dated October 9, 1956, and recorded in Volume 427, Page 131, of the Deed Records of Denton County, Texas, and i being more particularly described as follows, to-wit: j Beginning at the Northwest corner of said Yeager tract; Thence East, with the North boundary line, 5.0 feet to a point for a corner 5.0 feet east of and perpendicular to the West boundary line of said Lot 8; Thence South, 5.0 feet East of and parallel with the West boundary line of said Lot j 8 36,0 feet to a point for a corner in the South boundary line of said Lot 8; Thence West, with the South boundary line of said Lot 8, 5.0 feet to a point for a corner at the Southwest corner of said Lot 8; i Thence North, with the West boundary line of said Lot 8, 36.0 feet to the place of beginning and containing 0.004 acres of land more or less, !I it ~f I i~ i 11 IEI TO 11a,VE AND TO HOLD tho said premises, together with all and singular the rights, privi- I legos and appurtenances thereto in any manner belonging unto the sald City of Denton, its successors r heire and assigns, forever, so that nclthor the said i~ A. F. Yeager, Estate nor his heirs, nor any person cw persons claiming under him shsil,l at any titit4 hereafter,, have, claim or demand any right or title to the aforesaid premises or appurtcrancaa, or any part there- I of, i WMFM o hand at tills 30t1day of December n A. D. 19 69 Witnesses At Request of Grantor: i I ! 'l SINGLE ACKNOWLEDGMENT THE \ r ~ Si'AT}r...OI' TLZI1S, COUNTY OF I1F,F'ORF. DIE, the undersigned autl ;ty, In and for said County, Tcxaa, on this day pi rsoii4ly apprarcd l arr. to n:a to 1. tl,c y,,owi Tj HLwc n;,nre suimeribrd to the fure'gomg instrument, lr ~rki'ewledgcdt; me that They . executed the same for the purposes and consideration thezeia expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of. ~'f Q »Z c A D z?. rf.. _nj ; l~ Nutar3 • Pu v _ Coulb,lexas My Commission Fxpires June I. 19?!t__. ! i JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the uhAerNY ed authority, COUNTY OV in and for said County, Texas, o r this day personally appeared and his wife, both known to me to be the personswrho:e names Are subscribed to the foregoing instrument, and acknor fledged to me that they each executed the same ter the purposes Arid consideration therein expressed, and the said , wife of the said having been , exnnrtned 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 net and doed And she drelaicd that FFe had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to reUact it, GI`r•EN UNDER MY HAND AND SEAL OF OFFICE, This _ day of..............................., A.P. 18........... (L.S.) Notary Public, _ .....................__..........._...County, Texas My Iommisslon Expires June 1, 19..... WIFFYS SEPARATE ACGN0IV1,EDG:IIENT THE STATE OF TEXAS, BEFORE DIE, the und;•sE ned authorit COUNTY OI'.. g Y. In and for said County, Texas, on this day personAlly appenred , 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 hating the same fully explained to her, she, the snid of declared rctrsethtoth•r. •ai.lir. 1 • nign.d tha .ante to tiro - acknowledged such instrument to be her act and decd, and . k 5 e pur~~w.a uCU wne~~ora(ivu tl.crein crpr.ased, and that she did GIVEN UNDER MY HAND AND SEAL OF OFFICE,]'hts day of................................., A.D. 19 fL.S.3 Notary Public, . County, Texas My Commission Expires June ]9............ 1\~+ CLERIC'S CE r ATE THE M ' F\ Ti.l1 , aQ I~ county COUNTY `Cle of the Cauh!y I of Bald County, hereby certify I hat the foregoing Inxtrument of writing dated on the •'.Q.day of L.Q A. D. 190f, with its Certiflcut u cntleAtion, wns filed for record In mr omc on the.. e recorded this,... Jay o ..day of S.ls , A. D. 19?~ypat r~~~y ock . M., and duly A. D. 19. J. r, e . f. 9. ,cock . e;~, m. in the 1... J.L Rvords of said County, in Volume pages ...3.. WITNESS MY'dAND AND SEAL OF THE COUNTY COURT of said County, at omce fn..5 rtJ...[`w~ „A the day andyaTr cyst abo-;e en• C!~'~.... ...G~.~ Count le q~ _t~y~d'~.-•/ .............County, Texas. (k S.) it y4 aC Depn/y. H I Z+ ^ I 11 11 c r i FI ED r,l AE d~ I p ENION u TTY 6(j G1 b a N W I C+`' V A JAN 02 A H1 ~ 2 ~ C7'~ , E~ r' k n c ace X THE STATE OF TEXAS, COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: 4 THAT CRIS SCHLEIN ' ESTATE of DENTON COUNTY, TEXAS , in consideration of the sum of c 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 acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas the free and uninterrupted use, liberty and of the privilege passage in, along, upon and across the following described property, owned by it . Situated in Denton County, Texas, In the Survey, Abstract No. F All that certain lot, tract or parcel of land lying and being situated in the Hiram Cisco Survey, Abstract 1186, and also being in the City and County of Denton, State of Texas, and being part of a tract of land conveyed by J. M. Barber and wife, M. A. Barber to Cris Schleinant by deed dated August 8, 1918, and recorded In Volume 163, Page 93 of the Dee Records of Denton County, Texas, and being more riarticularly described as follows, to wit: BEGINNING at a point in the southwest corner of the above mentioned Schleinant tract, said point being in the exterded north right of way line of East Oak Street; THENCE in a northerly direction with the wast property line of said Schleinant tract a distance of 10.0 feet to a point for a corner; THENCE in an easterly direction, parallel to and 10.0 feet north of i the south property line of said Schleinant tract, a distance of 223 feet, more or less, to a point in the centerline of Pecan Creek for a corner; THENCE in a southerly direction with tha centerline of Pecan Creek a distance of 10.0 feet, more or less, to a point for a corner; THENCE in a westerly direction with the south property line of said Schleinant tract, same being the aforementioned extended north right of way line of East Oak Street, a distance of 223 feet, more or less, to the place of beginning, and containing 2,230 square feet of land, more or less. And it is huther agreed that 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 tpon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public drainage facilities In, along, upon and aeroas said promises, with the :fight and privilege at all times of the grantee herein, his or its agents, employees, workmen and repro,entatives having ingress, egress, and regress In, alonr upon and across said premises for the purposes of making additions to, Improvements on and repairs to the said drainage facilities, or any yart thereof. Not i Y is agreed that the fence, if moved or damaged, t.411 be re-place and repaired, TO HAVE TO HOLD unto the Bald City of Denton, Texas as aforesaid for the purposes aforesaid the prewlses above described. Itnese 04 d , this Vii f}/ day of A. D. 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BE RE ME, the un rsigned authority, COUNTY OF.__DEfITON_.__..._._....__} ;P 0 In and for said County, Texas, on this day personall appeared.. CRIS SCHLEINANT ESTATE + elf 94A known to me 6 be the person _.--whose name _..`.5.._. subscribed to the foregoing instrument, and acknowledged to me that _.__h . cxecuted the same for the purposes and consideration therei expressed. G EN UNDER MY HAND AND SEAL OF OFFICE, This.. . y o K N ADD. 19 Y , County, Texas Notary, P r i A1y Co sslon Expires June 1, 19.11 JOINT ACKNOWLEDG31ENT THE STATE OF TEXASr BEFORE ME, the undersigned authority, COUNTY OF_._-------..------------- --._-j in and for said County, Texas, on this day personally appeared. ana_ h!s wife, both knoarn tome to be the persona whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposnr and cons!deration 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 sane 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 Expires June 1, 19__... WIFE'S SEPARATE ACKNOWLEDGMENT THE STATIC: OF TEXAS, BEFORE ME. the undersigned authority, COUNTY OF In and for said County, Texas, on this day personally appeared. , v-Ife of . . . known to me to be' the person wbo"se name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the name fully explained to her, she, the sold _ _ . 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 the did not wish-to retract it. GIVEN TINDER MY HAND AND SEAL OF OFFICE,This....... _ ...................dry of...................................., A.D. 19............ (L.S.) Notary Publlc, ....................County, Tex" My Commisaion Expires June 1, 19_......... CLERK'S CE FI ATE 'op THE STIFF T4E A I , County 6ZkN.....s~~..........,. COUNTY OF.'.. ....~G.*st..'`.:~.... Cler 5. the County Co Bald unty, do hereby certify at the foregoing Instrument of writing dated on the ...•..day of..........:..... a............. A. D. 1 , with Its CertiAcete Authentication, was Aled for rvCOrd In my office on the y of......... , A. D. 10,jO a t .rr.1.9~k M., and duly ncorded this...~.........day ..............A. D. 19.f st. !_.y~.I.11ock . ~L, M. in the ..........................Records of said County, in Volwna' j. o paces-..... ..2 WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in.. the day an as last axo.................................... County Cie st 1 County, Texas. (L S.) By.. Lf "'r....... ~✓.t~L,~,•~..... , Deputy. Z H ED F, )F ~ D EN OM 't: vTr A $ 0 N t ~7, 2 10 W a Mg to T IE1 r' k CtE N, - 5 THE STATE OF TEXAS, KI101Y ALL 111EN BY THESE PRESENTS: COUNTY OF DENTON THAT W. MARVIN LOVELESS AND WIFE, RUTH LOVELESS of Denton County, Texas , in consideration of the sum of Ten and no/300 ($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 j 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, I owned by them , 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 H. Cisco Survey, Abstract No. 1186, City and County of Denton, Texas, and being more particularly described as follows: BEGINNING at a point in the northeast corner of an existing dead-end in East Oak Street, same being the northwest corner of a tract of land conveyed to W. M. Loveless from the City of Denton, by deed dated August 10, 1955 and recorded in Volume 412, Page 196 of the Deed Records of Denton County, Texas, the sane also being 60 feet north of the most western northwest corner of a tract of land conveyed to W. M. Loveless by Denton Cooperative Frozen Foods, Inc., by deed dated August 17, 1946, and recorded in Volume 330, Page 218 of the Deed Records of Denton County, Texas; THENCE in an easterly direction with the north line of said Loveless tracts, same being the extended north right of way line of East Oak Street, a distance of 262 feet, more or less, to a point in the center- line of Pecan Creek for a corner; THENCE in a southeasterly direction with said centerline of Pecan Creek a distance of 11 feet, more or less, to a point for a corner; THENCE in a westerly direction, parallel to and 10 feet south of aforementioned north line of the Loveless tract, a distance of 265 feet, more or less, to the west line of said tracts, the same being in the centerline of Exposition Street, to a point for a cornet; THENCE in a northerly direction with the west line of said W. M. Loveless tracts, a distance of 10 feet, to the place of beginning, and containing 2,767 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas f in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obs'.ructlons as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining drainage facilities in, along, upon and across Wd 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, improvec+ents on and repairs to the said drainage facilities, or any part thereof. TO HANT AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness their hand s , this the, day of , A. D. 19~L. W. 1WFI L EL SS SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF......... in and for gild County, Texas, on this day personally appeared.. - - - known to me to be the person ...whose subscribed to the foregoing instrument, and acknowledged to ma that...... he.-.,.. executed the same for the purposes and consideration therein expressed. 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.-.--- THE STATE OF TEXAS, JOINT ACKNOWLEDGMENT DENTON } BEFORE ME, the undersigned authority, COUNTY OF- - - - in and for said County, Texas, on this day personally appeared-- W._ MARVIN LOVELESS - - and__ RUTH LOVELESS _ - -y hiswife, both known to--me to be the person-s whose names are subscribed to the foregoing instrument end acknowledged to me. at (hry, a ch executed the same for the purposes and consideration therein expressed, and the said c ati k LR - wife of the eaid.W_._ MARVI-11 - LOVELESS----, _-.having been exam ned > y, me privily and apart from her husband, and having the same fully explained to her, she, the said _ . :RUTli..LOVELES.S._--...... acknowledged such instrument to be her act and deed appd she declared that she had willingly signed the same for the purposes an onsideration therein a pressed, and that ego did not wish to retract it ,'•.GIVEN 614p£R-MY• HAND AND SEAL OF OFFICE, Thia-_ q D. 19 - i da Notary Pu DENTON County, Texas - g My Com ission Expires June 1, 19.1.. 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........... wife of known to n *e to be the person whose name is subscrib,,d to the foregoing Instrument, and having been examined by me privily and apart f rom hrr husband, and having the same fully explained to her, she, the said . acknowledged such instrument to be her act and deed, and she declares that sho had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish tc retract It. GIVEN UNDER MY HAND AND SEAL OY OFFICE,This...................-...... day of . A.D. 19............ (L.S.) Notary Public . .........................................................County, Texas My Commission Expires June 1, 19 CLERK'S CE TE THE ST F TEUIp } County COUNTY ~ 1,... GL.U.:... C CIOI of the County of s d County, do herel•y certify~t the foregoing Instrument of writing dated on the .`.......da y of . , A D. 1 with ib Ce ,Acat f A hentieatlon was Alyd for Coo, record In my o19 on th day of A. D. 19 ~ at sclock f., anI duly retarded ihie../............ day of........ Q~3a! ......................._,..A• D. 19, at~.f,. o'Clock M, in the 0-4 r...... ....................Records of said County, In Volume....:/. , on pagea.....~ a WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at the day an r t above County r ,(~1fLe x/~1r . County, Texas. By.~ iiitr..~....._...., Deputy. W ii $ 1 ti, I a (G% a OE TO by Y,1 XA' w W 20 JAN Aff 2 9 H TA 9R~ R CO.OL AO ~ North Texas state Uni.vcy-;ity STATLMhNT PEPOIU; THE CITY CO'jNCIL OY DLNTON, TEXAS D-acember 9, 1969 North Texas State University tonight is presenting an ap- peal of a decision rendered on November 19, 1969, by the Plan- ning and Zoning Coriuaission of this city. We have a rather long series of statements to present and will call upon a nuriber of individuals to speak in behalf of this appeal. We mould like first of all to review the steps which have taken pli.ce in a rather long and arduous succession of meet- ings held to present the institution's request for closing of certain streets within the campus area. The request originally addressed to the city planner on July 11, 1969, was based on four years of cooperative work with professional staff members of the City of Denton, with elected members of the City Council, and with appointed cambers of the Planning and Zoning Commission, from early 1965 on. The orig- inal requost is still our current request. Through the course of presenting several documents and of five appearances before the Planning and Zoning Commission, we have not altered the nature or the details of the request. We asked for the closing of certain streets within the campus area, the closing to take effect prior to the opening of the fall semester of 1969. We asked for city approval of action implementing a portion of our master plan closing the following areas: 1. Chestnut Street, between Avenue A and Avenue C. 2, Avenue between Chestnut Street and Mulberry Street. to -,Sycamore street, between Avenue B. Avenue C. 4. Avenu, H, between Maple Street and Highland Street. Ile made this request with the understanding that the city would retain easements for all utilities in the affected street areas, that the university would assume responsibility for control and maintenance of the streets, and that the university in return would offer future cooperation in providing widened right-of- ways for perimeter streets around the campus area. The long--range campus plan is for the university to remove the asphalt surface and redevelop the street-area for pedestrian use, retaining sufficient hard surfacing to carry all necessary emergency and service vehicles. The immediate plan i;, to place ,entrance gates to the internal area on Chestnut Street at Ave- nue A and at Avenue C. The Avenue C entrance would be manned during regular business hours-for giving information to visitors and for admission to visitor parking areas. Mechanical devices providing for exit only would be placed on Avenue B at Mulberry f and on Sycamore'Street at Avenue C. It is proposed that univer- sity security officers would assume responsibility for patrol- ing the enclosed area and enforcing regulations on movement and parking of vehicles. Two construction projects influenced the request for the closing of Avenue B between Highland and Maple. One of these was the opening of the one thousand-student dormitory, Kerr Hall, on Maple last September, and the other is the impending complotibn this year of the new library and the main pedestrian mall running in front of it to the administration building. These two factors combined will introduce a major volume of pe- destrian traffic up the Avenue B mall which is central to the 3 master plan development. The university proposes to close the one-block stretch of Avenue B to vehicular traffic completely and to develop it as an extension of the library mall for pedes- trian use only. After sul~mittiny this written request on July 11, the uni- versity was granted a place on the agenda of the Planning and Zoning Commission on July 16 and at that time presented the general outline of the entire car,-pus plan, pointing out at the same time the features cf the street closing request that was pending. On August 6, 19691 we appeared before the Planning and Zon- ing Commission to make an oral presentation of the request as outlined in the letter of July 11. We were advised that the function of this particular meeting of Planning and Zoning was / to provide information as to the nature of the request. It was our understanding that no public hearing was required legally and that we would make a public,hearing presentation only be- fore the City Council. However, at this August 6 meeting one individual challenged the moral right but not the legal right of the Planning and Zoning Commission to act without public hearing. This was followed then by the appearance of several individuals who own property in southwest Denton. Some came forward to ask questions. Others appeared to make objections to the plan. Accordingly, we were advised that a public hear- ing would be advertised and held on September 31 1969, by the Planning and zoning Commission. At this, the only public hear- lZr Ir:~:-t L• ing scheduled, who has no property in the block between Avenues H and C from Hickory to Mulberry was one of two speakers in opposition to the street closing q request. ]le made two points: a. }1e threateneC. that. the City of Denton would be sued if streets were. closed. (110 Will, discuss this subject in a moment). b. Ile said that the people of Denton needed to get into the campus in order to transact business. Ile said that i. instead of closing the streets, the city should prohibit all on-street parking in the university area. Ile did not explain the logic of his reasoning to show how peo- ple were to transact business from moving vehicles ~a _ which tirere forbidden to park. '1 The only other speaker at the public hearing was a j%1GYv.W who.app:!zZed-to object" "to the lack of parking at Sam Houston Elementary School, a condition which had caused her to get a parking ticket when she left her car in a no parking zone while entering the school to locate her child who had been reported ill. These two statements constituted the only presentations at the, only legal public hearing called by the City of Denton to dis- cuss this proposal.. On September 5 the university was notified by the city planner that the Planning and Zoning Conunission had tabled the street closing request until a traffic study could be made of the streets In question while the university was in session. The next communication to.the university was a letter from the city planner stating that the Planning and Zoning Commission would discuss the street closing request. The letter said "Please have a representative of North Texas State University present to answer any questions which the Planning and Zoning Commission might have." This was not advertised as a public hearing, and we did not seek, nor were we afforded the oppor- tunity, to make a formal presentation again. At this meeting, the owner of a piece of rental property on Hickory Street at Avenue C, a location not related to the internal streets which are the subject of this request, asked that the Planning and 5 Zoning cormuission postpone action on the grounds that. an at- torney representing himself and sortie other property owners could not be present. Although there was no public hearing, and although there was no adversary relationship involved that required the presence of an attorney, the Planning and zoning commission by a split vote once again voted to postpone the action on the grounds that the attorney was not present. The university was again requested, this time orally, to have a representative present at the meeting of the Planning' and Zoning Commission on November 19. Without any prior-noti- fication, the chairman of the commission asked the university representative to repeat the presentation and the request for the Planning and Zoning Commission. Since this was the fifth consecutive appearance before the Planning and Zoning Commis- sion, and since no request had been made ahead of the meeting for any presentation, and since no public hearing had been 'ad- vertised, the university representative declined to repeat any presentation on the grounds that it was not a public hearing and that the request had not changed in any form whatsoever since it had originally been presented four months prior to that date. At this meeting of November 19, a postponed date which had been selected in order that an attorney might be pre- sent, the attorney did not appear, but the Commission at this time proceeded, nevertheless. A written protest had been sub- mitted in advance of the meeting by a property owner on behalf of several property owners. Members of the City Council have been furnished with a copy of this protest, which is an undated document signed by Earl L. Coleman as attorney for several Denton property owners. 6 At these various meetings the recommendations made to the Planning and Zoning Conanission have bccn at considerable variance from one another. Within the space of only two weeks, for ex- ample, the city planner and the traffic engineer moved from a position which stated "it is our recoixmcndation that these clo- sures be approved,". subject to certain conditions, most of which had been stipulated by the university in its original applica- tion, to a position which stated "Recommendation: Denial of re- quest." should be pointed out for emphasis that on August 7 we received a letter from the city planner stating in part, "The Commission realized that a public hearing at the P13nning and Zoning level is quite unusual." We had no objection to the procedure even . though it was at variance from that which had been explained to us. The point we are making here is that there was a legally ad- vertised and legally held public hearing and there were only two statements made•at that time.in opposition to this request. We were informed after the public: hearing in writing that "The Plan- nis,g and Zoning Commission tabled your request until a traffic study can be made of the streets.,in question %yhile the university is in session." This was followed two months later by a November 5 action postponing on the grounds of the absence of an attorney and a November 14 meeting at which a request was denied. One of the bases for our appeal to the City Council tonight can be summed up in this manner: (1) Although there was only one duly advertised public hearing, opponents of this proposal were actually permitted to speak on four occasions in opposition to the plan. (2) Postponement was granted once on the grounds of a traffic 7 study to be made. The city traffic engineer was asked at the November 19 meeting by an opponent of the plan whether such a study had been made. He did not answer the question but'instead stated that his office had alternate recommendations to make. We would then call to your attention the position~tii~at the city process for consideration of this request to date has not been conducted appropriately to the problem atI and,and that this has acted to the disadvantage of a request which has been submitted, which has not been changed at any time, and which has required to date five meetings of the Planning and Zoning Commission. i n u (W,.' . C c~ qtr, 2 G~tr'z ~~t, - ntic~~K1~.c-t. 77 ~j•.,~/.1.,~-c, (~tcT'-,~ ~.nLC~'ri; ~ +My "~`~i~, /~.~ic•s~'-~ ~~I~~.-c'am' 1, The street closing i~- a ,e-~h r in a series of -devek- 1 221,2ents that have taken lace over a number of ears. When the college was established with a gift of ten acres in 1880, a dirt road for horse and.buggy ran through the campus on wat would now be Mulberry Street. It was subsequently closed both to horses and vehicles. On a number of occasions in the last fifty years the City and the college entered into similar agree- ments, with the result that the campus now includes as green t. space and building sites portions of what were once Sycamore Street, Prairie Street and Avenue B. Only this summer the City closed Maple Street from Avenue D to Avenue E as part of comp- erative planning for the development of a coliseum. There is therefore ample precedent for the action being requested today. n 1 ' 2. ThC LlR.`VCI'sity ma}:Cta this rCnUCst 5 thcaC111;LirlatJ.of1 1 of well-advertised public'hearinn_s, ublic,~t`_ons, r.ewjpaacr ac- counts, and other uubli formation steps designed to involve the conga unity ' in 'joint p anninr with the campus. This plan was the subject of well-publi/cized hearings in 1965 r Y~'~.ji::[tb~lil.Ft;'fl..: Zv il;:l~,wr.{l:✓4.L.a}"yyL'=^•'-~::-44/>'l ~o<yS1Y_~3'`4•rl ~C2 iv: when land purchase authorization was obtained) The plan ap- ~n,~5, k b t peared in several newspapers and•-czJ= arl other publications in 1967, when the planners made their final recommendations. The plan has been made known in detail through city officials con- tinuously since its early stages. There are no surprises or new details in the current proposal. It is simply one more step in a series of steps that will be taken over the years in order to make the University community a better neighbor to the total Denton community. 3. The University has never requested and does not'now request the closing of any street upon which private propert faces. It requests control of streets only when they are surrounded en- tirely by land which the people of the state of Texas have al- ready purchased. Thus, there are no private property owners who have any portion of their property contiguous to the portions of the streets for which closing is requested. 7i.'~L~ bob 1f~i .•4~i rc /t,":.~csC i.'i~E.,{~ lt~.tltti~. ~tv~l~•~ •;~~n 1,•~~. if~t~ ~16t..1C~ctiu'..~. 4. The University is anxious, as always, to carry its share of the burden in any operation affecting the University. For example, when the City and the University jointly went into an electrical expansion plan for the carrpus, the University paid all of the costs of the City for performing the work. When the University desired to have mercury vapor lamps on the city streets surrounding and through the main campus, the University paid the entire cost of 't ion of street lights which are on public streets. When Avenue A was widened between Chestnut and Maple Street, the -University paid its C`07_ r4 part of the cost from co~-- st -i<;nu-Ll--crx funds. One rr,o.e example: when it was desired to build a new highway through the City which eventually became Interstate Highway 35 E, North Texas State arranged to have a bill placed before the legislature which would permit it to trans- fer ownership of the land on either side of the present right-of- . way to provide for the service roads that now flank Interstate 35 F.. This was not a sale but a contribution:of university-owned r- land. This type of a:tivity has always been characteristic'of the formation of University policy with due respect.for all other public policies within the 'City and County of Denton. S. In the case of the present plan, we feel that there are several benefits which the city will realize from the action. First, the taxpayers of Denton will be relieved of all c,st of maintenance of the streets affected. This will be assumed by the University. Second, the taxpayers of Denton will be re- lieved of*the cost of police protection for ?11 of these streets. .These would come under the protection of the University police force. Third, this closing operation will work further toward. the totill plan to ralievc the cor,30ntion and burden on city sweets and parkin; spaces. b, The University must cauallV recopniYe the obliVa- tions to its rivate neighbors who surround the campus area. In purch I asing land over the years as this growth has taken place, the price paid to land owners has been exceptionally fair, as can be substantiated by any system of appraisal desired. This continues to be the policy governing property acquisition. At the r^omcnt all property purchases are governed by decisions of inpartial certified property appraisers with the highest pro- fessional qualifications. In the case of businesses adjoining the campus, North Texas takes great care to make sure that its actions are not detrimental to the mutual benefits to be derived both by merchants and members of the University community. The proposal currently before the Commission will, if anything,4help the businesses in the block bounded by Avenue B and.C and Mul- berry andlHickory Streets: (a) Between eight a.m. and five p.m. more cars will park within the affected area than do so now.' After five and on week- ends the present situation will remain unchanged. (b) The majority of the businesses in this area rely heavily upon walk-in trade between eight and five. Every step that improves the parking situation on carpus should increase rather than diminish the walk-in trade. (c) Those that cannot use walk-in trade, such as a ser- vice station, will have improved access under the proposed syster. because of the increased traffic flow caused by the change to S 12, two-way traffic on Mulberry and Avenue B. i k (d) None of the businesses in the area outlined will have any streets closed on any side of the block in which they are located, and 'automobiles will have I;reatcr access to these busincssiplaces than is now the case with the present one-way systera. Therefor er, the proposal before the Co,=i'ssion today can only help and not hurt-any businesses in the block in question. 7. We are aware that there have been reports of P-d- verse effects on businesses to the north of the campus durin7 the period several years af-o when construction of the Biology Building made it necessary to close Avenue B terlporarily between Chestnut and Sycamore Streets. Even if these reports are true, there is nothing; relevant in the previous condition to the present situation. In the current- proposal it is no longer possible for cars to exit vest from Chestnut to Avenue C as wri the case during the Biology construc- tion closing. The proposed plan now before you does not per- petuate the one-way situation that prevailed during the Biology Building closing. This will be entirely changed. Therefore, the example of a temporary street closing for construction is meaningless and irrelevant today. 8. There have been some questions and objections raised from property owners in other areas adjacent to the University carpus. While recognizing that their concerns must be worked out in the f V ~ J future, the University would maintain today that their, ;)o;ition "rr is trot relevant to the request at hand and as Y,s that the sxoa consider this request on its merits as a carefully staged portion of a Master Plan worked out in cooperation with pro- fessional planners of the City of Denton over a period of years. Careful attention to this logical system over the period of years can but result in greater progress for the University and the comr.,unity which it serves and which serves it. , 1 f Let us now review the possible grounds for objections to the. proposal. 1. We have heard that this would interfere with businesses in the campus area. Actually, as you can see by looking at the plan, it would bring more automobiles parked within walking distance of these places of business than is now possible. It would improve automobile access to any property located within the block at the northwest of the campus by virtue of leading to two-way traffic where only one-way traffic now exists. There is no conceivable way in which changing the control of the streets can alter the access to the business in the area either by pedestrian or by auto- mobile driver. 2. This action constitutes legal damage to property owners' rights. We have been assured by legal counsel that this is not the case. We were advised some years ago that we would need to purchase all abutting property on any streets which we asked the . I E ~r lip 8l~ City to abandon. This we have clone. We have been advised that we, should do nothing to damage the ingress or egress of any pro- perty owner to his private property. This we have been careful to avoid in the nature of our request. We will ask the assistant attorney general to make further statements in the legal area in a momen~. 4. 3. It has been said by some that "the university is tying up my property by not buying it. The university should be compelled to buy my property." While we could not grant that the compulsion from the city for us to purchase property in any designated area is a legitimate part of this street discussion, we are nontheless making this public annor.ncement at this time to dispell any doubts in anyone's mind as to what the concerns of the private property owner may be and what the intentions of the university may be. ,We will purchase from any property owner in the block bounded by Avenue B, Mulberry, Avenue C, and Nxckory his property at a- fair market value based upon an appraisal by a certified land appraiser i bearing an MAI certificate: University funds are allocated for f this purpose, and any owner interested in such a sale is invited to contact the business manager of the university immediately. It should be pointed out parenthetically that several property owners in the block in question have already turned down repeated offers to purchase at fair appraised prices. 4. Some members of the city staff have implied at one meeting or another that this step would create more traffic problems. Actaully, exactly the opposite is true. The intention of the en- tire master plan is to .nake of the campus a destination and to remove from it any saggestion of city thoroughfare. Its entire philosophy is the separation of campus and city street. This. S (l. first phase as ptopeaed is a beginning of the implementation of % such a plan. Less traffic will be generated with the now plan than now exists on the city streets. Students who live in dormi- tories and in other residences near the campus will be unable to get parking stickers to park in the interior of the campus. They will have to leave their automobiles at their place of residence, thus cutting down on the number of automobile trips generated in a day. Automobiles which have parking stickers in a designated interior area will move directly to an access point, enter, and park... There will be no more circling of campus blocks in,a vain search for a hoped-for parking place. Other automobile owners will be able to know where perimeter parking space is available. We now have parking space going unused in a parking lot on Ave- nue D at Chestnut, just two blocks west of the Administration Building. We now have parking space going unused in a parking lot on Avenue A at Maple, just one block from the Education-Build- ing and new social Science Building. We expect that usage in such lots will rise as a systematic method of traffic control can be developed. Furthermore, via should point out, we are studying the question of whether to implement a bus service or a trar,,QElephant Train kind of arrangement to bring people from Fouts Field, where 2,000 paved parking spaces are row going unused. If inner streets are closed, it will }e possible to implement such a plan.,Vith the streets completely open, it is our judgment that we will not be able to do anything in the way of ,.)roviding public transit in- side the campus. We should note also that the implementation of this, request wi11 mak. it possible for us to create a visitor in- formation booth and a place for nonuniversity personnel to come ~o r7 to find where to go, where to park, ~knd to provide visitor park- ing in ways that are not possible when the university does not control a single street running within its boundaries. ;:It has been indicated that the Planning and Zoning Commission voted as it did because there are inadequate parking facilities at the university. We would not deny that there are insufficient parking places close enough to the various buildings. Nontheless, because of the nature of our financing system, it is imperative .that we gain control of the streets before any plan can be imple- mented to make an improv.,.ent in the control of parking and traf- fic. We are not allowed to spend appropriated funds for these purposes. All such operations are financed entirely by the auto- mobile users themselves. For us to implement a systematic control. throughout the campus and one which includes the requirement that dormitory Ptudents park on dormitory parking lots only, it is necessary for us to have control of the traffic and parking-areas. So long as the city denies us this they deny us the means of making the necessary improvements in parking and traffic systems; thus E the opposite of this argument is actually the prevailing truth. The longer this proposal is delayed by the city, the longer it will take,us to develop further steps in the implementation of the master plan to solve our problems. We origine,.ily requested a good many months ago that this plan be put into effect in September. The Planning and Zoning Commission's repeated delaying actions have prevented us from implementing the plan and have delayed that much further into the future any possible solutions to a systematic de- velopment of the entire inner campus area. 6. Some city officials have argued that the university should provide a thoroughfare around the entire proposed campus development • ~ 1 1. Ir': f 1( \ (,l.1lt~~ \ I/t l~~i\,'1~1: 1 ~ Ifr•.f ~I ~•.rl l'I, ~~ry. ~-~li l,/.'~1 A'(f /~.1 1i i.:r~: f,(1;1 S'.S ~ If ` f•, , I; L. ~,:J I, L><i~;~~a r.. area.; ~ I11 our Vl I'y first 3'0(flSCSt LO thU 111.JYIIllllg ilflCl LUn111g COMissi.(in, Copies of 1:• AC:11 fl)10016 harQ been furnished to you by the city plannoy, vo stipul atefl a:; n p mien of our request that tie would gladly dedicate the neca:;miry right-of.-vay from our pro- perty on any perimeter street which the: city desired to widen. Beyond this we cannot le\,lally go. As an educational instrumentality of the State of Texas, it is not our lawful function to build streets for the City of Denton. Ile do wish to cooperate in long-range planning; we do wish to cooperate in accoi.unodating city planning to campus planning; we do wish to become a good neighbor to the city in every conceivable a±ay. We think that the examples already cited of the dedication of land for the interstate highway, of the pur- chase of our own public street lights, of other efforts, demonstrate good faith on our part. It is both beyond our legal power and be- yond our power of understanding, thuugh,•to adopt the concept that the university should go into the business of constructing streets for thoroughfares for the City of Denton, 'Ale think surely that up- on due consideration, no city official would want to hold this as a serious doctrine. In short, there are no legally or ethically valid reasons why the City Council should not grant this requestj_• Pn the grounds that it will benefit the entire citizenry of the City of Denton and will open the pathway to future greater progress in planning and development by both the city and the university, i This brings us to one set- of concluding thoughts. These have to do with the partnership between the State of Texas as represented by North Texas State University and the people of Denton as iepre- sented by the Denton city government As you all know, the original campus of what has become North Texas State University was a gift to the City of Denton, The first building on our campus was con-. structed by public tax funds voted by the City Council of Denton. The institution became state - supportecl when all of the citizens ~l,L, cf i of Denton worked together to make a gift of the campus building:; to the State of Texas. Since that time, the school and the city have each made great contributions, one to the other. Neither can progress adequately if the other does not progress. The city has over the years abandoned block after block of streets in order to facilitate orderly campus development. We will be asking that many more blocks of streets be abandoned in the years ahead in or- der to create the final form of tha campus that you see in the master plan. From time to time, the citizens of Denton have donated money to buy land for this university's expansion. The present area between the former Sycamore Street and Chestnut Street be- tween Avenue A and B Vie-re, purchased %ilth funds from public sub- scription and the contributors to that public subscription were the citizens of Denton, and as citizens, you have to include, of 1 course, the many faculty members of the normal college who made some of those donations. We would be foolish to deny that the growth of a large uni•- versity within u relatively small community brings many growing puns that are very difficult for such a small community to sole. It is. not as though this large university campus were locetdd within a large metropolis. Ne~lertheless, the university is here, it is growing, and each twelve months its budget rises by several millions of dollars which are poured into the Denton economy. We continue to have mutual needs and mutual interests, and it would be tragic if we were to fail to work together. It'is somcwhat ironic to read in a recommendation to the Plan- ning and Zoning Commission from two city staff members a statement )O V3 about traffic which refers to "innocent people driving past the edge of the campus," as though somehow those who were driving with- in this area were not innocent and somehow guilty or sinful. We are, after all, all citizens together and share the common problems We could take the easy course and not ask for city streets and not ti•c~~/ 1 make long-range plans. We could sit back`Vbillthe city and the students and all visitors, "We're sorry; we don't. own these streets. This is all. the problem of the City of DI-nton." This we do not wish to do. This is why we have worked hard for five years to im- plement the plan made jointly. This is why we have advertised it .widely and why it is so much a matter of public record and why there have been no secrets and no surprises in its implementation. We , have lived together successfully and profitably for nearly 80 years. The vote which you five members of the City Council must mak> >n the future direction of the university and the community will be fundamental and instrumental in shaping the policy of the city and the university between now and the time when we may stand together and say we have enjoyed a century of progress and growth together. Y think everyone involved with this case realizes that it would be entirely possible for the university to say, "Stand aside, City of Danton. You are an inferior governmental unit. We have the power of the State of Texas behind us and we can compel you to give us these streets." We could oci.ze the streets and make thera our own. We could act unilaterally for what might be conceived as the selfish benefit of a single institution within a langer community. This we cannot accept as a course of action unless coerced into it. We refuse to believe that good citizens, whether they wear the uni- versity label or not, are''ood_oii-rer}s-and--t-hat=-=the g yccarr by thoughtful, 1•~r and careful and unselfisli joint planning a~Sive at mutual solutions to a goal that will benefit the entire: community. The vote on this particular sett of street closings thus. represents more than just a vote on what happens in the case of Chestnut Street between Avenue A and C or to Avenue B from Chestnut to Mulberry, There will be other street closings in years to come in step after step after step. We are not here to debate tonight whether the streets will be closed. We all know that they will be. We are debating when and hose and-ir, what manner. .The university has by its actions expressed a prefeience for the professional approach with due considn.ratiori for the rights of everyone concerned. No private property owner is being hurt unfairly in any action brought before you. No one's rights are being damaged by any action being brought before you. There is no political axe being ground in this request before you. The 'entire request is the product of a professional planning firm consulting with profe,sional city staff members over the years in -cooperationwith professional educational planners. You- vote symbolizes a vote for every citizen in the city you represent. Your vote comes in terms of a choice between progress and decay. We are asking that you give us a vote for progress for the City of Denton. ~atif--~ ~r (1h pt,. ~~t`~r C'CJ✓t(l.~ti~~ (~.J LI y~L,v Q.ri~'i-a: \n ~ \'r • T ~ ~ F U t ~ ~ ; . STATE OF TEXAS X COUNTY OF DENTON ~ First Supplex,ent to Agreement, executed December 9, 1969, between the City Of Denton, Texas, hereinafter called the "City" and Forrest and Cotton Inc., a Toras Corporation, hereinafter called "Eagieeer" l Tl-LsSETH3 I WHEREAS, on December 92 19691 the City entered into a contract with Engineer to provide professional servieas'in connection with the design, preparation of construction plans and specifications . and construction administrotion for Henry Street (proposed) from Bealmont Street to Locust Street and I■proverrnts to parkway Street from Carroll Street to the vicinity of Locust Street and, WaIRRAS, during the course of design it was daterrined that the work would be incorporated Into the construction plans for the Carroll Street Iwproveaent project and, y: UMUMS, the City desires that Engineering services daserl~ad coder Fhaaa ' - General AdainLatration of construction . be expanded to include the servIcas of a resident project represent- stive during construction. r WWO THRUPOn IT Ig ACMD AS FOLM8 t it That Seatioa II, Thais 3 - General adaluistration of , " . construction 'of said contract is a*endsd and Wised an tollovsi tart (h) is hereby deleted and VO laceA ~y th folloAAil A + t4`,., (d3 pRadatation pf,~`t Jj aid final a timites fol c, r< :tps is 0 codteaato . ~ r ti 1 .F c ~ 1,Y ~ Y Syr"1 P Y ff r ; It J 1! nil? Stitt IKEN'r Page i r~ tarts M (k), (1) ~ W are added as follovo I O) Arraaseaants for testias materials W laboratory eootrol, duriws construction to 164k cam4uCted for City's aeeoMt► cad ietarprat results of said toots (k) Revision of Contract drawintso to confors to C,t04• truetten records. (1) Providing a resident projeet representative darias cesstrtiaties'to sedeeser to protect the City etotwa k r'„'4 defects and deficiencies in the work of the ceetractor. (a) ru"Isbins construction layout persoaad to daisy ent the initial layout of the project@ That teettoa III of said contract is deleted and replaced by the folleviago (11I) , row the work d,utcribed ueder Article II► the total ooer peesatAon to the Tagiseer Mail. be light sad three fourths (44752) percent of ' t►e Coot of toattract'"A for V614h the preparattee of plans srd specifications is satkerisad. Up" aegiotioa of the preparation of dclsiled pleas snd apecificatiftse sasisser shall be paid sa awoust equal 'to olitr (4bx)''' a r Vei, poresxt of the retal charge. y trpri►tM tS~a progs•et of tesstsaetIft ? *11sear shall be pa14;` ' , tilt balastc, of lotay (401) peresut of. the' total siaa"+iz . psyalat hrw be rMAo is frspori"d'$0 tfis dNittesEer's earniap, aN mull be adjusted oil 444,060417 4wia9 tba l to of tba sewtsact so that the tsta1 wore pate to U$Isoor ebali be equal ;o but Set anted tke•poresmta~s z stiloslel, ""t ee provided is the follertas psregrsph► )fi to tU, ewst that the servieo period required of t%6 r"I"t psoset nprosestatt" exceeds stye (9) seethe frost data of tsseaate''' , of a wsk ceder N rho eostraotor, the City aglsa to raiinr*e Mkt r . t` bls attval Is, t"t N' pe"eesel► plus fifty.(502) pereeat of stub met to sow w wor4o sus other !tarn of "paOre at setwl east plus ti~i (till) p arssat, rrgcipra~ali. stedit Will tie shout tier lid the' yti t ~~f'j~~~~~~ aMtttwttro tine to 1«o tkaa e~tae tw.ttw~ '1 > Y'• k\ G ~1'~ if iY~^. r',, r , ; \ F ' .e , her t;;~. ~ .6 • t ' r' ^i, a r ~ ~ ' L r s~uY - ~ r. Payroll cost ahsll be Aeemed to include applicable social security, unemployment compensation, excise, payroll and other taxes, employees compensation insurance, sick leave, vacation and holiday pay. III , This agreement is entered into subject to the terms of the % "(J1146"tnt' ditdatld by the piitier do Dace 6 9, 1969 vh'!dt ihali iaeain"" in full force and affect excepting the conditions altered by said First Suppl4smenta IV IN WITNESS HEREOF, the City of Denton, Texas, a municipal ' corpotstion, has caused there pressats to be executed by its Mayor aced attested by its City Seerettry and witness the execution hereof by -Forrest and Cotton, Infr', Consulting Engineers, through Joe C. Sridgefarmer, 1 President. CITY OF DENTON, TEXAS t l?y By- . r May AT' ES? t ; M1 ►M1 ~ VIC r' 41 L`~ r C ty a YORREST An COTTON, INC. Consulting Engineer's '.V7Mft AS TO FOM Joo _C. , Ss arwr, Pr6oilaut e city Attoft6y a t` i I(1✓~+y ~ it ,N, r ,,1 >>%in SIfPPL IT - pap 3 ' M1 } =y lb •I 'J,p, .la♦{f. ..jp. +1.. •.8.^ cr 5, !i!. L5.I i7: f:A .a .`..i .IJY/)i it . + ;4r' f • r ~ ! t 'l at): r.4h, ~ b~i'r~.. l4 [yybSiA •'i;I;'..i r.E rl -'.~!rl - 7.. rt 1. fr '.r > 51.. '.~i, y'..'l.°, ~1~`/. Vt x.111 y41'. fy .r '.r :r ~•'Ir ,r: .J-i~ ,.rr~ "1 ~`iJ ~'^r. ~ a^."~ ' r' d+~!~rr ` } ~r j'.' rl rrb ~/1Ta-14S•p6~1 ~ ra JN i ~ f ~ '1 tt}i,!' ta`..Y.fSyIR}•aF7GZ(~ `~.x~~a+ Sy~ ri; : r r r+ ~ rte, / , 1.~,.,.'el~~~~~~'St S.n Rf'.6Ct~~~ +9 is nl"J} , ~`Sr 1. + r+ ! ~ ~ "1 V j r` r f t''' -r Nx, s , . r~ ' i '1 r'rC 1 6 rp y' , 7 M. rry JrrrT r • ~ + ~ I rrr 4.~1.~,5.^ r -t~,~tyrai `;4 r ~1 ri ' ~a'* ~ 5,.. + r iy : _ ~ ; r r yr. ~ s v, 1'a [ ~ r'.rr ^ y F x r. :'.r r. r 1 Rr r v 4 5 rc r l a i•. ^f 1r~ ~il-$Sn T R'I:k rr + ~t >Jr .f.)~t.; At J° i ill t 1 'a: a. y ♦ ti ~,'~~1. t r + ,,I pr ~ r L~ J + ! 7 ~ rV . e" rrr `~y ta~y~. r] i}. fy. fex~} n .•r r R 1 s i A J~ ~ M ` y ! ~ r t , i ' e' c r a n r Y.a a, i ~t?I ~♦•r ~'~y'~ti , ~x-~~ ~ ~i.~ild i Fir ~ ~.r..' r { r~,N4.~1i:fr el>t r i 9 , 1 r, lr' i ♦ r' AP4 A 96-WARR.INTY DBYb-With Smste, Joint Lad Wife's Sepnate Ackaovkd,menta MARTIN Str4" Cm, Dp%s THE STS':f E OF TEXAS, 6414 Know All Alen By These Presents: County of......PENTON . That EDGAR J. BARROW AND WIFE, JO ANNA BARROW of the County of Denton , State of Texas for and in consideration of thpsum of ----------Ten and no/100 ($10.00?-- and other good and valuable consideration to them in hand paid by the City of Denton, Texas, in cash, the receipt of which is hereby fully a--knowledged, have Granted, Sold and CcDveyed, and by these presents do Grant, Sell and Convey unto the said City of Denton, Texas of the County of Denton State of Texas all that certain lot, tract or parcel of land lying and being situated in the City and County.of Denton, State of Texas, being a part of the Robert Beaumont Survey, Abstract No. 31, and being.a part of a certain tract of land conveyed by Clyde D. Holt and wife, Katherine Holt to Edgar J. Barrow and wife, Jo Anna Barrow by deed dated March 26, 1968, and recorded in Volume 564, Page 699 of the Deed Records of Denton County, Texas, and being more particularly described as follows, to wit: BEGINNING at tiie northwest corner of said Barrow tract, said point of beginning also lying in the east right of way line of Carroll Street, 128.0 feet south of the intersection of the east right of way line of Carroll Street and the south right of way line of Crescent Street; THENCE east with the Korth boundary lice of Bald Barrow tract, 70.0 feet to a point for a corner 70.0 feet east of and perpendicular to the west boundary line of 9dd Barrow tract; THENCE south parallel with the west boundary line of add Barrow tract, 60A feet to a point for a corner in the south boundary line of said Barrow tract; THENCE west with the south boundary line of said Barrow tract 70.0 feet to a point for a corner oat the southwest corner of said Barrow tract, said point for corner also lying in the abovementioned east right of way line of Carroll Streets 'f}{~NOR north with the nest bovoidary line of a& d Barrow tract 60, 0 Pcet'to the place of beginning and containing 4200 square feet of land, more or less. ~ I i TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in .inywise belonging unto the said City of Denton, Texas, its uccessors lahmand assigns forever; and we do hereby bin.i ourselves, our Mrs, executors and administrators, to Warrart and Forever Defend all and singular the said premises unto the said City of Denton, Texas, its successors hAjc and assigns, against every ,xxson whom"%ar lawfu;; claiming, or to claim the same, or any part thereol. Witness ourhand s at Denton, Texas this 9th day of December, , A.D. 094 Witnesses at Request of Grantor: ED ; .ARROW R W r V~w.o_ O v~ c^.......................... JO "NA BARROW THE STKfE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared..... Fnown to me to be the person _...whose name.... ......................subscribed to the foregoing instrument, and acknowledged to me that . he............ executed the same for the purposes and co:vldera lon therein expressed. 4 GIVEN UNDER MY BAND AND SEAL 01 OFFICE, This day of......... A.D. t9...._._... . (L. S.l Notary Public r ,D.......... ................_.................................Cranty, Texas M Commission Expires une.....,................................. 19 THE STATE OF TEXAS, { BEFORE ME, the und,.nigned authority, COUNTY OF.._..DFiN.2'!~IL....._ JJJ In and for said County, Texas, on this day personally appeared..........,. Jo. Anna...Barrow......................... wife of_.......Edgar...J.,.. Rap.row.................................,. known to me to be the person whew name Is subscribed to The foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully e,-lained to her, she, the said ............Jo,. Ar1nia...83> r.QW acknowledged arch lrutrument to be her act and deed, and sbe declared that she bad 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 oL......................... . , A D, t9........... (L. S.) Notary Publicr .....................................................................,County, Texas My Commission Expires June............ 19......,..... THE STATE OF TEXAS, BEFORE ME, the undersigned authority. COUNTY oF......... l~ENT.ON..... in tar! for said County, Texas, on this day personatly appeared.... Bagar...J t....$.arrow......................................,..,....and.............. J.0-Anna. Farrow................ his wife, both known to ms 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 sald Jo Anna Barrow ..g~x.,.... s.... .~xX AW._...............__.......................having been wife of the islet examined by me privily and apart from her husband, and having the same fully explalnA to her, she, the said ..aa.... Anna...Barrow acknowledged such Instrument to be her set and deed, and had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish ~t1 toI t. w 21st July. q . i 1`'Etit;li SY HAND AND SEAL OF OFFICE, This_ a of................... A.D. 19j V ".,e,I :a Notary Pubh'cr _......Dent......_................,....... County, Texas e r t t r My Comml%glon Expires June ._1 19...7.1. THE STATE OF TEXAS, COUNTY OF-- County Clerk of the County Curt of said County, do hereby certify that the foregoing Instrument of writing dated on the _.._.»...»..day of_........ _ A.D. 19 '.0th fts Certifenle of Authentication, was fled for tecurd in my office on the day of.......... A.D. 19. at ......A'clock.......... ...M., and was duly recorded shies........ day of_........................... A.D. IL. .Q*clock to the Recordr of said County, is Vol- ume. oo pages WITNESS my kind and sod of the County Court of salt County, at aTics In...... .-the day and year last above written. Ckrk County Court »».»..County,Texas. 1L. 5.1 By...... Dept.ty. I ~7 100 s _ T _ ° ~ ' 40 4C4 L bd ro o \ i A i f k d a ; 4 it CCV14ATE Of klS,OAD Tho SION of raX31 1. THEfA 0?TIC49, rtcr'+ of Ole Count' Court M and for we Ow" Crnady of Oanton d7 her Coy CCRify that '(Ne(,DiQ~ inyr h 1'i 1: 0)1;4f1'a J outh" NN f,lad for feeord the...., „y W lpat/.r+.o' wl, in an'1 daffy ref;OWw1 lh f of a itcrEio?.M., _ Ydume......(,`J t~.... _of UN , • ....RQr:Ahl! OC tTn16n, lar.a. my end SNl 01 Of1jej at Drown, Twos, v,o d.ry a#at ) ear IW etOYO WfM$k p~■y THETA PAAkiR Q~,I_ MN Clerk of the Ccunty court, Gn:on Co., laxn THE STAIL OF TEXAS COU11iY OF DENTON X GENEPv' WARTIAN'EY DEED KNOW ALL MEN LY THESE PRESE[47S: Th,~t the CITY OF DENTGN, TEXAS, a municipal corporation, acting through its aithorized officials pursuant to a Resolution adopted by the City Council of the City of Denton, for and in consideration of the sum of THIRT't'-FIVE THOL'SAND SEVEN IiLtNPRED THIRTY- ONE AND 95/100 DOLLARS ($35,731.95), to it duly paid by the UNITED SPATES OF AMERICA, the receipt of which is hereby acknowledged, has granted, sold and conveyed and by these presents does grant, sell and convey to the UNITED STATES OF AMERICA and its assigns ali that certain tract of land situated in the City of Denton, County of Denton, State of Texas, and more particularly described as follows: Being a part of Block No. 19, of the subdivisi,,.ti of a 640 acre survey patented to John R. Henry, Assignr.e of the B.B.B. & C.R.R. Company Survey, Scrip. No, Abstract No. 165, dated October 16, 1857, and recorded at Austin, Texas, in Volume 2, Patent No. 963 of the State Abstract of Land Titles-Denton County, Texas, and being that tract of land retaineJ by the City of Denton by Deed recorded in Volume 543 at Page 145, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1-1/2" brass cap mounted on a 5/8" steel rod set in concrete for a corner at the intersection of the East line of Locust Street (70' R.O.W.) with the New North line of McKinney Street (90' R.O.W.); THENCE North 00° 45' East with the said East line of Locust Street a distance of 101.78 ft. to a point for a corner; THENCE South 89° 15' East a distance of 115.20 ft. to • a point for a corner; THENCE South 00° 45' West a distance of 105.00 ft. to a point for a corner In the said New North line of McKinney Street; TRP NCE North 87' 39' Nest with the said new North line , a distance of 115.24 ft, to the Point of Bep,ianing and containing 110910.65 square feet of land, and all bearings refer to Magnetic North, Magnetic Declination 9° East, together with all right, title and interest the Grantor may have in the banks, bed and waters of any streams bordering the said land, and also all interest in any alleys, roads, streets, ways, strips, bores, or railroad rights of way t i • i. abutting or adjoining said land and in any rears of ingress or egress appurtenant thereto, TO HAVE AND TO IIOLD the above described preci£ses, together with all and singular the rights and appurtenances therto in an)i,;ise belonging unto the UNITED STATES OF AMERICA, and its assigns forever; and the said corporation, Grantor herein, does hereby bind itself, its successors and assigns to warrant and forever defend all and singular the said premises unto the said UNI'T'ED STATES OF AIMERICA and its assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. IIJ WIT:?T~SS W[D',RFOF the sa,-d corporation has caused these presents to be executed on t1•.£s~~ day of CITY OF DYN40N, TEXAS L. A. NELSON, Mayor ATTEST: City Secretary THE STATE OF TEk%S COU11T'Y OF DENTON j BEFORE ME, the undersigned authirity, on this day personally appeared L. A. NELSON, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Denton, Texas, a wunicipal corporation of Denton County, Texas, and as the Mayor thereof,; and for the purposes and consideration thoreiu expressed, j GIVEN UNDER !,'Y HAND AND SEAL 0%' OFFIcE, this day of IQ1c,r 0 19±~. o, ---'--Notary RT is in and for Denton County, Texas ( S E A L) My Corxe£ssion expires: - l --71_- `2- 6. € ~y "62e ffete 0/, f))M UP Mec"Ule uFE&CASL ALTY ® The .Etna Casualty and Surety Company ❑ The Standard Fire Insurance Cornpany Hartford, Connecticut To City of Denton Date December 23, 1969 Denton, Texas 76201 Attention: Mr. Brooks Nolt, City Secretary Gentlemen: This Is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present In force I,: the Company Indicated above by v, as follows: _ Name of Insured PROTEX SERVICE, INC. 1917 :forth Haskell; Dallas, Texas 75204 Covering Pest Control - State of Texas KIND OF INSURANCE LIMITS OF LIABILITY POLICY NO. EFFECTIVE EXPIRATION Each Person Each Occurrence Aggregate Workmen's Compensation 18 C 46665 C 7-1-69 7-1-70 Manufacturers' & Contractors' Bodily Injury Liability $ 1000 $ ,000 Property Damage Liability $ 1000 $ 000 Owners' or Contractors' Protective Bodily Injury Liability $ 1000 $ 000 Property Damage liability $ 1000 $ 000 Comprehensive Automobile; Bodily Injury Liability $ 250,000 $ 500,000 8AL 89676 CC 7-1-69 7-1-70 Y Property Damage Liability ~,Ir $ 100,000, Comprehensive General Bodily Injury Liability $ 250.000 $ 500,000 $ 000 8AL 89676 CC 7-1-69 7-1-70 Property Damage Liability $ 100,000 $ 100,000 Bodily Injury Liability $ 1000 $ 000 $ .000 Property Damage Liability . $ ,000 $ 000 In event ofanceaagoM. UARIGAN-JORDAN INSURANCE AGEN Y wAlten nogg witl be Sloan to the party to when We artAkets It addressed. e OF By ' J ~ m ; 3 ( L r y i 1 ¢ E f t F ` MAINTENANCE BOND, ''itiLCEI~'~D ur1 17 1 THE STATE OF TEXAS CIPi OF GENibll „CN1UN, if THE COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS, That We, the undersigned JAGOE-PUBLIC COT-1Pt.P Y as Principal and the SELF N r r _ PA as Surety are hereby e a an rm y oun unto e CITY OF DENTON. TEXAS in the pens s of- -One thousand three hundred thirty eight 09/100-($1,33EQ~Mrs, for the payment o w is i well an ru to be mace, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns by these presents. SIGNED THIS TH1; 15th DAY OF December , 1969 , WHEREAS, JAGOE-PUBLIC COMPANY entered into a written, contract w t the on the day of for - Curb and uutteI £1exih1R haon and nnving Linnaln Park Addn., Section 3, Denton, q, r,,, . w-fi c3 h con- track an the plans an specifications therein mentioned are hereby expressly made a part thereof as though the same were written and embodied herein; WHEREAS, under the plans, specifications and contract, it is provided that the co.tractor will keep in good repair the work therein contr&cted to be done and performed for a period of one year beginning the DAY 0?? ACCI?PTANCE and en ng , It being un erstoo~i tat tie purpose of t s section . s to cover only defective conditions arising by reason of defective materials) work, or labor performed by the said contractor; NOW THEREFORE, if the said contractor shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of o e mar as providrd, then these presents shall be nul aand vo , an have no further effect, but if default shall be made by the said contractor in the performance of its contract to so maintain, and repair said work, then these presents shall have full force and effect, and the said CITY OF DENTON, TEXAS- shall have and recover from the said contractor an Its surety damages in the premises as provided for in said plans, specifications and contract. PROVIDED, However, there shall be no liability on the Surety for and damage resulting from fire, acts of God, accidents or careless or malicious handling. WITNESS our signatures this 15th day of r7Pt,.Pmhar , 1969 , JAOOE-PUBLIC COMPANY T- BY • SELEC' I JSURANCE COMPANY Eu;na" pr- (S R Y) .ati BY, pr- 2 Y"M PACT .1Porter 1?llis,_ Jl LL. FIRLMANIS W FIREMAN' S FUND INSURi N'~E COMPANY ❑ THE AMERICAN INSURANCE COMPANY FUND \1 ❑ NATIONAL SURETY CORPORATION CERTMCAT£ ikNIF111CAiN C] ASSOCIATED INDEMN'TYCORPORATION OF INSURMCE I N[ 11 It A N C L F CI I P A N I F s ❑ AMERICAN AUTOMOBILE INSURANCE COMPANY TO. City of Denton Munioip&l Building Denton, Texas ogre December 23,1969 J t1US IS 70 C[NTIFY T BAT THE COMPANY OR COMPANIES CHECKED ABOVE HAVE IIH FORCE AS OF TH[ OAT[ HEREOF THE FOLLOWING POLICY OR PJUCI[S NAME ANll AD9 HESS ( F INSURED OR EMPLOYER LOCATIONC OFF PROPERTY. DESCRIPTION OF OPERA tION1. BUSINESS CON DUCIiUI INTEINATIONAL EXTERMINAT)? COF:P, 155 'WEST MAGNOLIA AVENUE FORT WOR"H, TEXAS - - KIND OI' INSURANCE POLICY NUMBER 1 ER►IRATION LIMITS OF LIABILITY WOR P.M EN S CUM PEN! ATION 1C _ 1 33 68 1 / 1/1/71 STATUTORY I C1 _..-1 k SMFL 1 CRS' LIABILIT F tNO.rFAE'p DOLLAR[, GcN PLASM tMOUSA HO DOLLARS _ EACH AC-- 10001LV INJURY 1IA81.ITT OIHLA THAN AUtnM DALE' I ~WTNg1YRN0 DOLLARS. FACN PU1t°N COI-t?REAENSIVE GENERAL 1-L -166 93 58 1/1/71 300 THMSAND MLAR[. EACH MC M ALNC[ L I A 3 11. I T Y 300 INMAN* DOLLARS. AGOAII M.79 AP00191% PRDP[RiY DA MAO tAPIU1Y OTN[R THAN A]tnM(AIL to 50 THOUtANO OOLLMS, EACH V:CUMMC[ CONPREHEA[ SIVE GENERAL " it SO THp.•N°°°LA °[R[°A.L°P[RAT'°°[ 1 13 I L I T Y 50 THOUSAND DOLLARA. AOORFBATE PPOTELTnE 50 TNanAND DOLLARS, AOSRERATE PR Cf* S~1 T.WI&NOpaLAR1.A06R[GATL[ONTHACTI.AL I AUTO MODIL6 BODILY INJURY AABILITYR T."ANO D LA'S, EACH KRSON THOUSAND OfNU1 RS, EACH Y.CURR.N<[ PROPERTY DAM AE LIABILITY' TNNSANO DOLLARS. EACH DCCpRR[NC[ - MEDICAL PAYMI,NtS I 1 EACH PERSON COM PREH[NSI V 9- LOSS OF OR OFMAO [ TO THE ACtUAL CASH VALUL UNLESS °IH[RWISE S1RttO HEPI.iN VlTOMORIL[IRCTPT BY COLLIS'ON OR UPL[T BUT INCLUDINb FIR[. THEPt AND LBNDSTORM AC%AL CASH VALUE LESS j COLLISION OR UPSET S DE DOCtIl1 li l IN THE EVENT OF MATERIAL CHANGE OR L1 CANCELLATION, 3 0 DAYS PRIOR WRITTEN NOTICE WILL BE MAILED TO THE PARTY TO WHOM THIS CERTIFICATE IS ADDRESSED. - - DESCRI►T ION AND LOCATION OF OPERATIONS AND AUTOMOBILES COVER [O STATE OF TEXAS AND ELSEWHERE IN THE UNITED STATES EXTERMINATING OPEiATIOIIS INCLUDING COMPLETED 7PERATIONS j 1 ''IF COMMNI[NSIVI f01tATE IF NOT COA?REHENSIVE, POR "OTMEA THAN AUtO LIST FORM SUCH AS OLT. ELEV., ETC. THIS OAR} FICATr OF 'NSURANtE NIITMCR APFIRMATIVCLV NOR NEGATIVELY AMENDS, SRT[NM OR ALTERS THE COVERASI AFPOROCO 1Y THE /!_ICV OR JyOOWN~VA~B(7,1OVE. 1QQ~~ pYL~IIICCICI 14 A9AR~T,~IA VN1'7VYV~~IFAN7-A/F~1MYF~~~~7{[LIAWA~~~/E~^ AVTM ,p II[O RCPICIS[NT~TIVtI~+'_ k'f~9f~"~M'9(IIPX'X'X9hk'>clllrkXK9HPkk'X'k'XIIOkX~fHlkk9( FJIWFIIa"Yy3'{1'.~,[/WAr1,AL~TV(-C _._~r~.t_~ Rcsosa-id xc MASTER ELECTRICIAN'S BOND STATE OF 'TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X That we, JIM D. FRINKLEY , as principal and GENERAL INSURANCE COMPANY OF AMERICA , as Sureties are held and firmly bound unto , Mayor of the City of Denton, Texas and to his successors is office, in the sum of One thousand ($1,000.00) Dollars for the payment of which we hereby bind ourselves, our heirs, administrators and assigns, jointly and severally. The condition of the above obligation is that whereas, the principal herein was granted a master electrician's license in the City of Denton, Texas, NOW THEREFORE, if the said JIM D. BRINKLEY , principal herein, and all his personal employees, shall faithfully comply ,ith all ordinan.:es of the City of Denton, Texas regulating the installation, change, repair or altera- tion of electric wiring and/or apparatus, and that he and/or his employees will fulfill any contract made for such work, then this obligation shall become null and void; otherwise to remain in full force and effect. This bond shall be for the ise and benefit of the City of Denton, Texas and for the use and benefit of Lay rerson having a cause of action against the principal or any of his personal employees growing out of a breach of a contract by the principal herein or any of his personal employees, for the installation, change, repair or alteration of electric wiring and/or apparatus. IN TESTIMONY WHER30F, WITNESS OUR HANDS at Denton, Texas this the 29th day of Derember , 19_61_. JIM Ul EY I 'ot . P ncipal GENERAL INSURANCE COMPANY OF AKERIC-A B Sureties Barbara Rokkas, Attorney-in-Fact WITHES8r APPROVED: City Attorney is s~ GENERAL INSURANCE t;OMPANY OF AMERICA Homy Ofbcc 4347 Broody, An. N.E., Searrle, troshfnglon 99;05 POWER OF ATTORNEY No. 2174 KNOW ALL MEN BY THESE PRESENTS: lbat General Insurance Company of America, a %asbin~ ton corporation, does hereby appoint -------------------------PARFARA RCKKAS, Fort Wordy Texas its true and laaiul auorttc)(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds o undertakings and other docu-cents of a shvilar character issued by the company in the course of its busi- nes lit' to bind General Insurance Company of America thcrcby as fully as if such instruments had been duly exec, .1a.: b) its rrgularly elected officers at its home vVice. IN WITNESS WHEREOF, General Insurance Company of America has executed and attested these pt.•sents 19 67 this. ---_-1n___--- day of__ April ~..%~~~~svs.u-. =SLZ~ ol~lvl ~{~ns 'vs-~^e~ talc [F~v CERTIFICATE Extract from the DyI.aws of General Insurance Compony of America: "Article \7, Section 13. - FiDELITY AND SCRETV RONDO the Chairman of the Noatd of Directors, the Ptesidcnt, any Tice President, and the Secretary shall each have authority to appoint individuals as attorneys- in-fact or under other appropriate titles with authority to exce.tte on behalf of the company fidelity and surety bonds and other documents of s+milar character issued by the company in the course of its business. "The power of appointment granted in this paragraph tc the officers enumerated may be exercised by each of them severally, regardless of the availability or unavailability of the other officers enumerated, On any instrument making or evidencing such appointment the si;uarures may be affixed by facsimile. "on any instrument conferring such authority or on on; bond or undertaking of the company the seal, or a facsim- ile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be r_:cessary to the validity of any such instrument or undertaking." 1, W. D. Elammetsla, $ccrct3ry of General Insurarce Company of Amerlea, do hereby certify that the foregoing is a true and correct copy of Article VI, Section 13 of thr! Ely-Laws of said corporation and of a power of attorney ex- ecute' pursuant thereto and that both said Ry•Lav s and said power of attorney ate still in full force and effect. IN WITHESC WHEREOF, 1 lave hereunto set my hand and affixed the facsimile seal of said corporation this 29th day of _ j?pr amh r _ 19~t$ . CO C$RPORRTE Nr~~ai SEAL K Ie Ste AtteA~ ✓ 192S a ffts~t~~~ i ,.ran - _ Rli.g•~ I, Mnmil own. c V 5'A !A d31HINd L9;OI [N i16-B FLRENIAN'S IKj FIREMAN S FUND INSURANCE COMPANY FUND THE AMERICAN INSURANCE COMPANY j IL E,/ ❑ NATIONAL SURETY CORPORATION CERTEFICATE , J N Y 11 R A N I NI E', R'` AN 1:3 ASSOCIATED INDEMNITY CORPORATION OF INSURANCE ❑ AMERICAN AUTOMOBILE INSURANCE COMPANY TO'. City of Denton Denton, Texas. DATE 12-29-69 THIS IS TO CERTIFY 104AT THE CUMPANN CA COMPANIES CHECKED ABOVE HAVE IN FORCE AS OF THE DATE HEREOF THE FOLLOWING POLIC'I OR POLICIES I NAME AND AVURESSOF INSUPEOCR EMPLOYER - LOCAEION OF PROPERTY. DESCRIPTION OF OPERATIONS. EUSI NE':S CON DLCIEu TERMINIX INC. D/8/A BRUCE TERMINIX COMPANY P.C. License for 1970 for the Cit 3021) ERYAN STREET of Denton. DALLAS, TEXAS KIND Of INSURANCE POLICY NUMBER EXPIRATION E LIMITS OF LIABILITY WORKMEN S COMPENSATION WC-133 69 20 1/1/71 STATUTORY EMP601CAS LIABILITY I I II THOUSAND DCLLAAE, EACH P{PEON INWIIAYD DOLLAAC EACH ACr D"l BODILY INJURY LABILITY 010ER THAN AU10M0BI1.0 rHOUSANO OOLLARC EACH![A[DN Ir COMPREHENSIVE LC-166 93 61 I/1/7i 500THWIANO DDWA S. EACH OCCUA PENCE S00 THdnAND DOLLAR{, AOCR[CAIE PRODUCT! PPOPEPI DAMAGE LIANILI~T OTHER THAN AUTCINO{ILE• y- [ THWlAND 00LIARl. UCH ,000A ROZE _ COMPREHENSIVE I I I I 50 THwSANCI D0.1.40 11. A 00P[OAT[ OP[NAT IC N S 50 TNd44NO DOLLARS, ADDRmATE PAOTECTIV[ 50 THOUSAND DOLLARS, AODR[DAT[ PRODUCT[ 550 TNCV[ANDDOLLAR[. ACOArOAff CONTRACTUAL AuToPEOm«:- -1bb 93 6 i/1/7t BODILY nuuAY LJABILIVY• LC A100 •.H"AND DOLLAR{, EACH PEPEON 200 TH0uSA.40 DOLLAR!. EACH OCCURRENCE PROPERTY DAMAOF LIABILITY' 11 II THOVlAND OOL LAOS, EACH YCUAP[NCE MI,pICAL PAYMENTS E rACH PERSON - - --1 - COMPREHFNStVK-LC-SS SS Cr OR 11/ MALE T THE ACTUAL CAIN YAW[ UN1.[fl O*N[R WIlE {TATFD N[HUN AUTOMOBILE. tXCtP1 BY COILL11 ION OR UPSET BUT INCLUDING G FIRS, THEP e AL O WIN OS TO n'A COLLI SION OR UPSET -AC NAL CASH VALV9 LEIS f DlD.KrIBL{ IN THE EVENT OF MA ERIAL CHANGE 0 CANCELLATION, 80 DAYS PRIOR WRI EN NOTICE WILL BE MAILED TO THE PARTY TO WHOM THIS CERTIFICATE IS ADDRE - ED. DESCRIPTION AND LOCATION OF OPERATIONS AND AUTOMOBILE, CV :RED STATE OF TEXAS & ELSEWHERE IN THE UNITED STATES EXTERMINATING & FUMIGATING INCLUMG COMPLETED OPERATIONS SIP COMPRPIL'.,• I.E. So STATE 7P NOT COMPRCHENSIVIS FOR "OTHER THAN AUTO', LIT FORM SUCH AS OLT. [LEV„ ETC, u THIS CIRTIFICAT[ OF INSURANCE NEITHER APPIRMATIVFLY NOR NE.ATIVELY AMEND[ 19TEI40I OR ALT[IIB THE COVERASK APPORDED BY THE POLICY EAR J~--{POLIGItl SHOWN ABOVE pewimAlm!{,E /GA1lI AUTHOR RLNT ! yyvLyOyYy ~YYO {XYy "r 0=01 , 040 N,603I-2.69 L ~ k J s c ~ _ yam.. A 56---WARRASAY DEED-With Kallq Jotm and Wife's separate .\CkwwltdRnmu Rl~/t5 MARTIN Statioorrr Co., Dona THE STATE OF TEXAS ' Know All Alen By These Presents: County of...DENTON 12891 That SADIE L. MOORE, A FEME SOLE; DAISY MARE PUNCA AND HUSBAND, JOHN C. PUNCH; ALICE MOORE ALEXANDER AND HUSBAND, MARVIN ALEXANDER; HAZEfj MOORE YOUNG AND HUSBAND, JAKE S M. YOUNG of the County of Denton , State of Texas for ,gad in consideration of the sum of -----------Ten and z.o/100 ($10.00) ---------------------•-----------------------------------•--------DOLLARS, and other good and valuable consideration io us in band paid by the City of Denton, Texas, cash the receirt of which is hereby fully acknowledged have Granted, Sold and Conveyed, and by these present, di Grant, Sell and Convey unto the said City of Denton, Texas of the County of Denton , State of Texas all that certain I lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of a tract of land lying in the Wm. Lcving Survey, Abstract No. 754, conveyed to H. L. Moore, and/or F. D. Moore by deed recorded in Volume , Page of the Deed Records of Denton County, Texas, atfd being more particularly described, as follows, to wit; BEGINNING at a point in the northwest corner of said Moore tract, said point also being in the point of intersection of the east right of way line of Center Street-and the south right oC way line of Prairie; .THENCE in an easterly direction along said south right of way line of Prairie Street, same being the north property line of said Moore tract, a distance of 100 feet to a point for a corner; THENCE south parallci with and 100 feet east of the east right of way line of Center Street, a distance of 155 feet to a point in the center- line of a 20 foot all^y shown of record by plat, for a corner; THENCE west (approximately) along the centerline of said 20 foot alley, oil parallil with the aforesaid north property line of the Moore tract, a distance of 100 feet to a point In the east right of way line of Center Street for a corner; I THENCE north (approximately) along said east right of way line of Center Street, same heir the- west property line of the aforesaid Moore tracts, a distance of 155 feet to the place of beginning and containing 15,500 square feet of land or (approximately 0.379 acres), more or less. t TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto In anywise belonging unto the said City of Denton, Texas, its successors *band assigns forever; and we do hereby bind ourselves, our heirs, executors and adndnistrators, to Warrant and Forever Deiend all and singular the said pretises unto the said City of Denton, Texas, its successors A2ks and assigns, agafnat every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness curland a at Denton, Texas this 2:.'n,.i day of December , A.D. l9 69 X$k"!dcMom , 4 4,. . I j.................. SADI L, MOORS, A FEME SOLE HAZ L OOfiE YO Nq ICE Am A EXA ER T~YIN A E ANDER 81,14 X~~UN THE SPATE OF TEXAS, COUNTY OF....... .DENTAh[ BEFORE hIE, the undersigned authority, In and for said County, Texas, on this day personaly appeared.S.jai.e,,,,L.,.,MQ.Q.re,._.a.... fe,me.... sinlee.... .1i.aze1........ .Moir Young and husband,James M. Young; Daisy Moore Punch and husband, j1k h C.' TF kn ard._Al .....i...c.e.......Moo. ..r.e.. Al..........exa ..nder and husb and fQarvi . ' ............._._..............._.............!..............._...n Ale~c ander, `'I(down to dek to bes~e person..S...... whose name.8.......are...... !ubscri'xd to the foregobg Instrument, and acknowledged to me that ::.gtcMed the same for the purposes and consideration therein expressed. GIVE UNDER MY HAND AND SEAL OF OFFICE, Tbis.....221.)d of__..... e.Cl}xr_......... A.I) I95.Q_.._ (L. S.) De n v Notary Public County, Texas Sty Commission Expires June 19 THE STATE OF TEXAS, BEFORE ME, the underlgned authority, COUNTY OF In and for said County, Texas, on this day personally appeared............ , wife of............... known to me to be the pc,snn whose name is subscribed to the foregoing instrument, and hating been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said........ . ............._......_............................................_....._................_..._........................acknowledged wch Instrument to be her act and deed, and she declared that she had willirgly signed the seam for the purposes and consideration therein expressed, and that she did not wLh to retract It. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ...........................day of......................................................... , A.D. 19........... (L. S.) . Notary Public, .......................................................................County, Texan 19.......... My Commission Expires June THE STATE OF TEXAS, COUNTY OF i 1 BEFORE ME, the undersigned authority, in and for said County, Team, on tbis day personally appeared .................and................................,.........,.................................. his wife, both known to we to be the persons wl ose names sure subscribed to tee foregoing Instrument, and acknowledged to me that they each executed the same for the purp•in and consideration therein expressed, and the Wd.............. „.._..„.....__W.................................., wife of the mid having been examined by me privity 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 coridderstlon therein expressed, end that she did not wish LO h+lrtct It"., L GIVEN UNDER MY HAND AND SEAL. OF OFFICE, This day of , A.D. 10........... (L. S.) Notary Publice...._.......... „ .............County, Texas N1y Commission Expires June 10»...»..... THE STATE OF TEXAS„ COUNTY OF..............„..„ County Clerk of the County Court of said County, do hereby certify that the foregong Instrument of writing dated on the...».... „..„........„day oL......... . A.D. 10 with ifs Certificate of Autbentiatioa, was fled for record in my office on the ____day of._ A. D. 10„_»._., at.......... o'dock -M., and was duly recorded shit.„... day of A.D. 10.» at O'clock .M., In the Records of said County, In Vol. or. pages... „ WITNESS my hand and seal of the C"ty Court of sxtd County, at office in . ___the day and year lot above written. Clerk County Court _ „ ....„.......__....___.._Connty, Texas. (L.9.1 Hy...._.__.w.„..__..»„„„....„..........„..„.„......„„........_..„..„..., Deputy. r , 1 C0 7 y Cy ' ~ I ~ i' ~ A t ~ f• r• 'Pic 4-A I-] r PO i NOT). *0 U9 i~~ V& I I j I' O P z q° ~t I I i ~t I R to l j.. ND4 it leg t i t3 I 0; i W j~ 3VX3~. Aj.~;1'f H34 1 3 I rJ. i L~] i~ y , Vl~ d c r' rC`~ . t I ~ x j td I Cn E~ I j l ~ ~ 3 C I ~ ~s.1 ■ I ~ ~ ~ t6ez~c~ ~ ~ ~ ~ ~ ~ !j d f ti CEATff icATE Of, RECORD ~,ra► t, YW-L4 PARKER, dcrtt of the County Court In en,1 ror cl; r tl:} t13`fd,O+nQ iM It JI^! 1."rl Its at•4J~/fo Ck`r r...~~!I. ~ ti / y o} a. i. tv .G , f~.. a........... . 7.V. . Fa;•.....~j" w t Records of Dentch. 1±, t. ylune y hood and at of ofli~# at Denton, Texas, the day And year Iasi atavv written. 1HETA PARKER BY Depup/ park 04 tha County Court, Donlon Co., Tatea P L U M B E H.S B 0 N D STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ~ That we, 0 ~~~ZFNt' AI ' EATING COMPANY as principal and ?526 Norsworthy, Dallas, 'texas FIDELITY AND DEPOSIT COMPANY OF MARYLAND as surety, are held and firmly bound unto , Mayor of the City of Denton, Texas, and to his successors in office in the sum of One Thousand Dollars ($1,000.00), for the payment of which we hereby bond ourselves, our heirs, administrators and assigns jointly and severally. The condition of the above obligation is that whereas the principal herein was granted a Plumber's License in the City of Denton, Texas; Now therefore, if thn said O'BRIEN PLUMBING & HEATING =pANY , principal herein, shall at all times comply with the Ordinances of the City of Denton governing plumbing in said. City and all the laws of the State of Texas which regulate plumbing, and conditioned further that the principal herein shall fulfill any and all contracts made for plumbing work, then this obligation shall become null and void; othorwise to remain in full force and effect. This bond stall be for the use and benefit of the City of Denton, Texas, and for the use and benefit of any person having a cause of action grow. ing out of the installation, alteration or repairing of any part of any plumbing or gas system by said applicant or any of his employees, or growing out of a breach of a contract for the installation, alteration or repairing of any part of any plumbing or gas system by said applicant or wW of his employees, IN TWTIMONY MfiREOF WITNESS OUR HANDS At Denton, Texas, this 17th--- day of Do ember ► 19 O'BRIEEN 'LUMBING & HEATING COMPANY J no a FIDELITY DEPOSIT NY OF MARYLAND BYI uret es Pau o r., orney-in-Fact a ' Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE. LALWOaE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPAN. OF MARYLAND, a corpora- tion of the State of Maryland, by A. R FROHM , Vice-President, and M, A. KELLY , Assistart Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said Com- pany, which reads as follows: "The President, or any one of the Executive Vice-Presidents, or any one of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, %hall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys- in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizar.ces, stipelations, policies, contracts, agreements, deeds, and releases and assignments of 'udRmenta de.rees, mortgages and instruments i~ the nature of mortgage, and also a!1 other instruments and documents which theM1ness of the Company may require, and tr affix the seal of the Company thereto." does hereby nominate, constitute and appoint W, T. Cortelyou, Paul P. Cooper, Jr,, Herbert Hardison, Robert T, Sherman, Joe N. Jay and E. L. Russell, all of Dallas, Texas, EACH tts tine an aw ur7a,ent and Attorney-in-Fact to mike, execute, sea] and deliver, for, and on its behalf as surety, and as its act and deed: any and alb bonds and undertakings, , . ,EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians cad the of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowl- edged by the regularly elected officers ,f the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of W. Cortelyou, etal, dated October 4, 1968, The said Assistant `iecretary does hereby certify that the eforegoing is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is ni,w in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretarft.~ have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT l OMPANY OF MARYLAND, this nd.......................... day of December A.D.19.68.... ArrEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SIGNED) M,.. A.~..KELLY.............. By_...._........ A R FAOMM (SEAL.) Assistant Secretary Vice-Preridenf STATE OF MARYLAND l aS, CITY or BALSIMORI f On this 2nd dap of December , A.D. i9 68 b:fore the subscriber, a Notary Public of the State of Maryland, in and for the City of ERltimore, duly commissioned and qualiAed, came the above-named Vice-President and Assistant Secretarryy of the FIDELITY AND Da MIT COMPANY OF MARYLAND to me personally known to be the individuals and officers described In and who executed the preceding instrument, and they each aftnowledged 0 a executi rn of the mine, and being by me duly sworn severally and each for himself depaseth and with, that they are the said offico-s of the Company aforesaid, and that the seal affixed to the preceding Instrument Is the Corporate Seal of said Company and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by ads authority and direction of the said Corporation. IN Tz%TjxoxY Wnseaor, I have hereunto set my hand and afhzed my O16Lla1 Seal, at the City Of Baltimore, the day and year first above written. (SIGNRD) .....9W_RIA..,L...PAg (SIAL) Notary Public Commission Expires..IJ by b...1.969 CERTIFICATE 1, the undo, signed, Assistant Secretary of the FIDELITY AND DRPOItr COMPANY Of MARYLAND, du hereby certify that the original Power of Attorney of which the fore ping is a full, true and correct copy, Is In full force and effect on the date of this certificste; and 1 do furthercertify that the Vice-Presgdeat who executed the said Power of Attorney was one of the additioral Vice-Presidents specially authorized by the Board of Directors to appoint any Attorneydn-Fact as provided In Article VL, Section 9 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY Of MARYLAND. Thh Certificate may be dined by facsimile under and by authority of the following resolution of the Beard of Directors of tht FIDELITY AND DSPOIIT COUP) MY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RzwLvaD: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter wherever a ring upon a certified copy of any power of attorney Issued by the Company, shall be valid and binding upon the Grnpany with the name force and ot&ct as though manually affixed.' IN Tsorimorn WRzACor, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 7th _ ._day of___ necernberww__.._._, lq 69. leg EASEMENT 1;c 756 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON That MONK CLEARMAN of the County of Denton, in conside- ration 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 acknowledged do by these presents grant, bargain, sell and convey unto 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 him and being more particularly described as follows; All that certain lot, tract or parcel of land lying and being situated in the Eugene Puchalski Survey, Abstract No. 996, and also being out of Lots 1,2,3, 4,5, and 6, Block 10 of the Owsley Park Addition,;. and also being in the City and County of Denton, State of Texas, and being more particularly describ- ed as follows: BEGINNING at a point for a corner in the east right of way line of Avenue H. said point also being the southwest corner of Lot 1, Block 10 of saiO addition; THENCE in an easterly direction with the south bound- ary line of said Lot 1, a distance of 50 feet, and continuing with the south boundary line of said Lot 2, a distance of 50 feet, and continuing with the south boundary 11~e of :aid Lot 3, a distance of 50 feet, said Lots being conveyed to Monk Clearman by John L. Dawson et ux by deed dated October 15, 1969, and recorded in Volume 592, Page 705 of the Deed Records of Denton County, Texas; THENCE continuing in an easterly direction with the south boundary line of said Lot 4, a distance of 50 feet, said Lot being conveyed to Monk Clearman by John L. Dawson by deed dated April 17, 1969, and re- corded in Volume 583, Page 321 of the Deed Records of Denton County% Texas; . THENCE continuingg in as easterly direction with the south boundary 11ne of said Lot 5, a distance of 50 feet, said lot being conveyed to Monk Clearman by Woodson A Harris by deed dated January 60 1969, and recorded in Volume 577, Page 4el of the Deed Records of Denton County, Texas; THENCE continuing in an easterly direction with the south boundary line of said Lot 6, a distance of 50 feet to a point for a corner, said point also being k w the southeast corner of said Lot 6, and ..1so said lot being conveyed by V. R. Clearman to Monk Clearman by deed dated January 6, 1969, and recorded in Volume 517, Page 417 of the Deed Records of Denton County, Texas, having traversed a total distance of 300 feet with the south boundary line of said Lots 1,2,3,4,5 and 6; THENCE in a northerly direction with the east boundary line of said Lot 6, a distance of 16 feet to a point for a corner; THENCE in a westerly direction, parallel and 16 feet north of the south boundary line of said lots, a dis- tance of 300 feet to a point for a corner in the east right of way line of Avenue H, the same being in the west line of Lot 1; THENCE in a southerly direction with the east right of way line of Avenue H and the west line of Lot 1, a distance of 16 feet to the place of beginning and con- taining 4,800 square feet of land therein. 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 cther obstructions as may now be found upon said property, if necessary. For the purpose of constructing, installing, re- pairing and perpetually maintaining public utilities 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 purposes of makiny additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. WITNESS my hand this day of December, A. D. 1969. MUNY~ CL EA RM TEXAS °JrfC04NTY OJs;'-,DENTON 7 i5' SybsPfbed and acknowledged before me t►,is L_- day of G,o,• c;, ~l RR empe A, Do 1969. 'to to rr 7POTARY PUBLIC IfA?4D FOR DENTON COUNTY, EXAS 0 rT1 1 ~ ~ ea C2 ci b A O 1 n ;c 0. o, ri r N m e>rl A C/1 7 may( ~ rr. The State o, texas CnTfFICATE OF RECORD County A Denton t, THM PARR:R, Clerk of the County court In and for said County do twroby tertlfy that ti, *QO'ny inS'.r 'y} t''r~, with it f c . au* was - r p)0 ~a n -.K1 flied IQ? record the.... Cay of A.O. , W. c, and duty recoro !C...day r u. 19. rL et /x~ ~ ' IoCN to . Volume.:... .....I--, . pr' ':c ....._~L ...........w... of the . ...R~ccrds of Ocnton, Tesss, WWiel my hand and feel of Wf;co at Oen04, tews, u,e day end year fast above W41HM`„ . tHEiA PARKER Oepuly Clerk of the County Court, Oa'alon Co., Texas' y ~,t," 12 Y" a rri v i OWNER'S POLICY OF TITLE INKMANCE T- 531 =O 0 O AMOM Layers 11111. Insurance Gr[mratbn Our Gf#38269 1-6v000.0G.............. HOME OFFICE - RICHMOND,V?RGINIA J Lawyers 'File Innwanee Corporation, herein called the Company, foe value does hereby guarantee to the parr; cc pates named below, heroin styled assured, the beits, deviates, execuntn and administrators of the assured, cc if a cor tI its successors by dlasolutioa, merger cc consolidation, Lint as of the date bereot, the asuted has good vol irdefe= tick to the fotiowimg described land: All that certain lot, tract or parcel of land situated in.the City of Denton, Denton County, Texas, out of the William Loving 160 acre survey and being a part of a tract out of said survey conveyed by S. H. Hoskins and wife, to M. P. Crowder by deed dated May 7, 1897, and shown of record in Book 60, page 563 of the Deed Records of Denton County, Texas; the tract herein conveyed BEGINNING 18 feet South of the Northwest corner of the said tract conveyed by S. H. Hosk'in's and wife,, to M. P. Crowder in Center Street; TII:N;E East with the South line of alley 170 feet, more or less, to a corner; THENCE South 62 feet for a corner in the East line of alot conveyed by S. E. Reed and wife, to R. A. Sledge by deed dated November 26, 1920, and recorded in Book 186, Page 465 of the Deed Records of Denton County, Texas; ' THENCE West crossing the East line of center street in all 170 'feet' for corner in the-West line of the said R. A. Sledge tract; THENCE North 62 fget to the place of beginning, and being the North one-third (1/3) of said lot so conveyed by S. E. Reed and wife, to R. A. Sledge, and being ':he identical lot conveyed by Charles Saunders and wife, Frances H. Saunders, to He Do' Markham and Louenge Markham by deed dated January 3, 1946, and shown of record in Vol. 321, Page 197 of the Denton County Deed Records. I Any discrepancies, codicts, or shortages in area or boundary lines, or any encroachments, or any overlapploS of improvemeam 4 All taxes let the year 19_-ZO- arse su!*%quene Zara 5. RWO of partly In poasesskn. 6. All visible and apparent easements on or across t'.e property, the existence of arhich do not appear of record and such dircusstances, riC.hts or claim's as ray arise from the existence of po~;,er lines, drainace structures, tele;,hcna lines, vrater and seiN,er lines and othar structures which may be in glace beneath the surface of the ground. r 7, Title to any portion of the hereinabove described property 4r thin the bounds of any public road or high'A,ay traversing the property, including but not limited ; r to the right-of-way deeds of record. shtt8;'#~ - , i 'f~'~i'~~'- TIIi~RtSt10'asV~'ta~ftl torgsatNf~rssneer+~gr thb polk7 b forego al g ixor I a~ or by the eaei ditfon~ anti Supuiadoa~ her Ibe parry' br panda" entickkdd to atxh defense shall within a reuonsbk rime after the comneocemmt of tuck suit oe proceedit gg sad ins ample time lot defense therein, give the Company arimn notice of the pendency of the salt or proceeding, sad shall not be liable until such adverse Interest, clalrn or right shat! have hem Authotisy to defend, gad the Company held valid by a court of Use resort: to which eitbee litigant nay apply, and if ruck adverse interest, claim, or eighe so established shall be for less than the whole of the hued, then the liabiliy of the Company shall be Daly such put of the whole liability limited above as shall bear the same ratio to the whole liability that the adverse fatere~q claim cc right establisLA may bee to the whole land, such ratio to be based on res ve values dcterminsbk a of the date of this policy. 1n the absence of notice as aforesaid, the Compgnr is telkved fprom all liability with tespeca to sal such interest, claim or right; provided, however, that failure to ton y shall not pre dice the rights of the assured if such asslued shaft not be a putt' to such anion or proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shall br Re Hy preludked by such fauure. Upon ale of the land this policy aum,mticauyr thereupon, shall become a warrantos's policy and the assured, the heirs, devisees, executors and admiaistrators, of such assured, or if it corporation Its successors by dissolution, merger of comsolidatloo, shall foe a period of twenty-five yew from date hereof tematm dully protected according to the terms hereof, by reason of the payalemt of got toes betLey or It may sustain on account o of ray wunaty of title contained in the deed executed by assured convey ng aid land. The Company shall be liable undo rid warranty only by reason of defects, dens or enctunbrances existing prior to Of at the date hereof am not excluded either by the foregoing exceptions or by the General Coonitions aryl Stipulation bheeof, such liability not to noted the amount of this poly. SIGNED UNDER SEAL for the Company, but this policy is to be v;lid only when it bean an authorized countersignature, as of the - 73rd day ofDecomhor 19fi9_.__, the effective dare of this policy, at P,4nton , Texas 11:01 A. M. rerd, L.AWYFRS T L.EE AA-G-ENCCYY, aF DE✓NTONI INC. Auesh ,y~ I (is tO~.fc.---......... 'r Authaiud officer of Ageat Secretory. r.lle/ it -a,.. 1-0 o.e.i, Noy - far PPIKPA r at snit a..rf of L.nu., of TOY _ nor Ya~_, OWNFA'S POLICY of 1TCM Q]SURkNCE To, 531 "O O O Nome of the Assured; CITY OF DENTON. This policy is subject to the General Conditions and Stipulations on the back hereof and to the following matte" which are exceptions from the coverage of this policy: 1. The following lien(s) and all rerms, provisions and conditions of the insuumeat(s) creating cc evidencing said Era(s): None of Record. 2. Restrictive covenants affecting the land dt xribed or referred to above. 3. An discrepancies, conflicts, or shortages in area of boundary lines, er any enacachmects, or any overlapping of improvements. 4 Ail tuna for the year 19-ZO- and suoeequtot yetim 5. Rights of parties In posse rlm 6. All visible and apparent easements on or across the property, the existence of which do not appear of record urd such dircu,stances, rirhts or clairs as ray arise from the existence of po;,ar lines, draino,e structures, talar,hona lines, water and seti:er lines and sthar structures which ray be in glace beneath the surface of the ground. t 7: Title to any portion of the hareirabove described property w;thin the bounds nr any public road or highway traversing the property, including but rot limited ; a to the right-of-way deeds of record.' t shsuE>''~t!".wga~aga~tws=rs;araeap~a ~e$gst+ws~saroe this ll t1u deffocegoirsg exce ptions a by the General l onditfont end Sttp2dau hereof. Ike puh of irt3a ent' to nuense shall within a reasonable time eftcf the commencement of such suit or proceeding and is ampple time f,x defense thetein, give the Company written Notice of the pendency of the suit or proceeding, sad authority m defend, and the Company shall not be Uble until rucb odvetse Interest, claim, or tight shoo] have been held valid by a cou-e of Isst resort to which either litigant testy apply, and if such adverse interest, claim, of right so established shall be for less than the whole of the land, then the liability of the Company shah be only such part of the whole liability limited above u shall bear the tame ratio to the whole liability that the adve.ie Interest, cLiro, or right established my bear to the whale land, such ratio to be based on respective values determinable as of the date of this policcyy. 1In the absence of notice as oforessid, the Company is relieved from all liability with respect to an such interest, clslm of right; provided, however, that failure to noti y shall not prc~ dke the rights of the assured if such assured shall not be a party to such anion or proceeding, nor be served with process therein, nor have any knowledge thereof, wA in any case, unless the Company shall be actually prejudiced by such failure. Upon tale of the land this policy automatically thereupon shall become a worrantot's policy and the assured, the belts, devisees, executors sad administrators, of such assured, or if a corporation its successors by dissolution, merger or consolidation, stall for a pe lad of twenty-five years from date hereof remain iully protected arccrding to the terms hereof, by tenon of the ps"at of 011m h they or it may sustain on account of any worramty of title contained In the deed executed by 1L%wtd conveying sold Lend. The Cotapany shall be table under said wurwty only by reason of defects, liens or roxurnbrances existing prior to or a sloe dote hereof and cot excluded elthtf by the foregoing exceptions or by the General Wid1dons and Stipulations bereof, such Wbilfty not ro meed the smouet of this policy. SIGNED UNDER SEAL lot the Company, but this policy is to be valid only when It bears on authorized countersi,aature, as of the -.-23rd- day of December 1969 the effective date of this policy, at Detiton , Texas it t01 A. M. kpr loch woe 1 ME r Atte,h LAWYERS T E AGENCY .DEN/T,0N, INC. Authorlaed Met or Agent Santary. rorkt rt -Reg. 1Q Arr'r Mkt- Form,mtf;kj If (era aagrg of tenuneg of ?all' rri OWNER'S 1POUCY OF MIX ❑VSURANCE T-5331=000 i Name of the Assured: CITY OF DENTON. This policy is subject to the General Conditions and Stipulations on the back hereof and to the following matters which are exceptions from the coverage of this Policy: 1. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating at evidencing aid lien(s): None of Record. The Company shall not be liable in a greater amount than the actual monetary loss of assured, and in no event shall said company be liable for more than ollars, ter and ~Ep aTN~ 0Q~ANDfQ~ N~l00 iu own cost def end said assured in every suit or • roccedimg DOn Lay claim against or right to said land, or any part thereof, adverse to the title as hereby guaranteedp but the company shall not be required to defend against any claims based upon miners in any manner excepted or excluded under thb policy by the foregoing exceptions to by the General Conditions and Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after the commencement of such suit or proceeding and in ample time for defense tberein, give the Company written notice of the pendency of the suit or proceeding, and authority to defend, and the Company sfulll not be liable until such adverse interest, claim, of right Shall have been held valid by it court of last resort to which either litigant may apply, and if such adverse interest, claim, or tight sv established shall be for less than the whole of the land, then the Tability of the Company shall be only such part of the whole liability limited above as shall beu the am ratio to the whale !lability that the adverse Interest, claim, of right established may beat to the whole lmd, such ratio to be based on fespettIve values determinable is of the date of this policy. In the absence of eotice as aforesaid, the Companr is relieved from all liability with respect to an sw.h fort rest, claim or right, provided, howev.r, that failure to not:(y shall not prt~,dice the rigin of the assured i( such asst red "I not be a patty to such salon of proceediag, con be served with process therein, nor have any knowledge thereof, nor In any use, unless the Company shall be actually prejudiced by rich failure. Upon ale of &I land this policy aunrnatically thereupon shall become it worrsntor's policy cod the assured, the heirs, devisees, executors and administrators, of n--h warred, of if a corporation, Its successors by ditsolutltx., merger or consolidatlon, shall for a period of twentydive years from date hereof remain tullq protected according t,) the terms hereof, by reason of the payment of taer loss ' they or it may sustain on accourr of any warranty of tick' contalneu in the deed executed by assured cooveyia8 aid ad. The Company shall be Wbte under said wafraaq only by reason of defects, liens at enaunbtances elisting ptlor to or at the date hereof and cot exdAA tither by the foregoing exceptions of by the General Co"dons and Sdpulatim hereof, such liability not to caned the amount of this policy. SIGNED UNDER BEAL for the Company, but this policy Is to be 'islid only when it bears an authorized countersignature, as of the - 93rd - day of December ►YJi4._., the effective date of this polir./, at Denton , Texas 11:01 A. M. e71 r ~710r7res LAWYERS T LE AGENCY UENTO a INC.I.etaatl S.er.le Anthorlxed 0@'icer of Agent ~ ralkr $1 -an. t0 O*M', edkr -fore tMICNeed 11 fun lad d tmti"0 •I tnr ~fl O <09 ImR Can S O to Ey GENERAL CONDI'T'IONS AY3 STIPULATIONS 1. Definition of Terms roe fot"ring terms when used in this policy mean: (a) "laud ; the land described, specifically or by refetence, turd improvements affixed thereto whkb by law omstirute real property; (b) "public records': those records which impart constructive cotce of smatters rekting to amid land; (c) "knowlalge": actual knowledge, tat constructive knowledge or notice which may be imputed to the Asmvd by reason of Lay public records; and (d) "date": the effective date, including hour if specified. L Exclusions from the Coverage of this Policy This policy !xo not Insure against loss or damage by tes son of the following: (s) The refusal of may person to purchase, lease cc lend money on the land. (b) Governmental tights of police power oe eminent domain unless mice of the exe:ci%e of sKh ti a appears In the public records at the date hereof and the consequences of any law, advance or gointunenr,j regulatim 1 Including but m limited to building and zoning ordinances. 4 t Ic) Any titles or rights asserted by anyone, including but not limited to persona, corporations, governments of other entitia to tidelands, or lands ompcistng the shcaa or beds of mvigabfq or pereanlrl rivers std streams, lakes, bays gulls at ataas at to any Isa~ extending from the line of mean low tide to the litre of vegetation, or to lands beytxQ the line of the harbor or bulkhead lines as established or changed by any government, or ut filled in loads, of artifscW islands or to riparian tights, or the right or Interests of the State of Texas or the public generally in the am extending from the line of mean low tide to the line of vegetation or their right of acceu thereto oc tight of easement akmg and across the same. (d) Defects, liens, encumbrances, adverse claims against the title as insured of other matters ( I) anted, VAered, assumed, or agreed to by th. Auured at the date of this policy, or ( 2) known to the Auured at the dare of this policy unless disclosure thereof a Ting by the Assured shall have been made to the Company prior to the date of &a policy; or loss or dsm,4t wh ch would not have been sustained if the Assured were a purchaser foe value without knowledge; or the home: t x community property or survivoship rights, if any, a( gay spouse of any As used 3. Defense of Actions (a) In all uses where this policy provides tot the defense of any action or proceedings, the Assured shall secure to the Company the tight to so providde defense in such action or proceedings, and all appeal therein, and permit it to use, at its option, the name of the Assured lot such purl ose. Whenever requested by the Company, the Assured shall give the Comport sr all reasonable aid In any ouev union Of proceeding, In effecting settlement, securing evidence, obtaining witnesses, of defeodimg such action or proceeding, (b) 71e Company dull have the tight to sale" counsel of Its own choice whenever It is tequlrrd to defrod any auk at proceeding and such counsel slap have full control of sold defense. (c) Any a"lom taken the Company foe the defense U the Assured or to establish the tick u inarred, or both, shall not be construed u an admission of liability and the Company shall not thereby be held to concede liability at waive am provision of this policy. L Payment of Loa (a) No claim, shall arise or be maintainable under this policy tog liability voluntarily assumed by the Assured In settling any claim or suit without written consent of the Company. (b) All payments under this policy, except p:aymcats trade for cosy traroey fees and expenses, shall reduce Ilse amount of the Insurance pro tarno; and the amount of this policy shall be reduced by any imount the Company may 141 undet any policy Insuring the validity or priority of any Iko excepted to kreio as any (nwrursem bereaftet executed by the Asasted which Is a charge or lien or the lad and the amtount to paid shall be deemed a por:omt to the Assured under this policy. (c) The Company shall have the option to pay of settle tar caopramise for or in the Dame of N Awred tar claim fnwred against by this policy std such payment at tender of payment, together with ail eons, stroroeys' far and expenses which the Company Is obligated hereunder to pay, shalt cetminate all liability of the Company bereutsder is to nab claim Further, the Fayment or tender of payment of the full amount of this policy by too Company shat tetsninste all willty of the Company Under this policy. (d) Wheorm the Compan/ shall have settled a claim utder this policy, all tight of rubrcgatiao shall test in the Compaq maffrctM by Lay as of the Assured and it shall be rubtoiated to and be entltled to all rights and remedies althe Lgt lnt may person or property (n respect to ouch calm 71te AsntrtA if rrgtwted by the Compaal, strll eransfet to the ,pay all tights and ternedks sgainst any pecoon at peoperry necessary to at& to perfect such 11& of 10ACIgatian. Ifsalf pttmlt the Cexnpany to tau the name of the Aswed in any uatuaction cc lkiytba Involving such rights or temedits. 3. 2solky Potlre tontraa Any action at maims or rlghis of talon that the Assured may have at Mal btin`` again" the Company arising om of des status of the tick insred reunder must be based on the provblons of b p olicy, sod alp norkes requM to bt given the Comppsaoy and any natement In writ Ing "f"ed to be furnished the Company Shall be addressed to it tae Its Home Odra, M Cutshow Avenue, Rkivoand, Virginia 13215, G This policy Is not mndersbk, Long, K WIN t t CERTIFICATE FIREMAN'S Q FIREMAN'S FUND fNSU;,ANCe SOP-PANY OF INSURANCE FUND ❑ THE AMERICAN INSbRANC! COMPANY FU TO. El NATIONAL SURETY CORPORATION CITY OF D.-~JTM • AMERICAN O ASSOCIATED INDEMNITY CORPORATION IVNICTPAL BUILDING I N S U R AN C L C O M PA N I F E❑ AMERICAN AUTOMOBIL! INSURANCE COMPANY DI:IJTON) T-,XkS 76201 DATE Decembor 29, 1969 • This If to certify that the Company or Componies checked above have in force as of the dole hereof the following policy or p,Iicies: NAME AND ADDPESS OF INSURED 01 EMPLOYER LOCATION OF PROPERTY, DESC1113 'ION OF OPERATIONS, BUSINESS CONDUCTED MISS PIIOLFl111S INC. 11721 11ARSLI LAM" DALLAS, TEXAS HIND OF INSURANCE -POLICY NUMBER EXPIRATION LIMITS OF LIABILITY WORKMENS COMPENSATION WC 12031SD P: IL~),2~70 1:F1T1UAL t 1 f~1 Sta,uto y i" `_,OOO EMPLOYERS' LIABILITY thousand dellon, each person thousand doilon, each accident BODILY INJURY LIABILITY 01her Thor Automobile' I,C 1659727 PA 12/2g/7Q 100 thousand dollars, each parson 300 thousand station, each aeufdent COPPREF Jib' JSM: J 'rAL 12/29/71 300 thousand dollars, aggregate producfo PROPERTY DAMAGE liability other Ihon Automobile' 2 thousand dollars, each acddenl 50 thousand dollars, aggregate oparolions If 1 if 50 thousand dollars, aggregate protective 50 thousand dollars, aggregate products 50 thousand dollars, aggregate eontraclual AUTOMOBILES LC 1659727 12/29/70 Boday Injury Liability* RF DWAL 12/29/71 250 thousand dollars, each person 500 thousand doilon, each accident Property Damage Liabgif . I 25 thousand dollars, each accident _ Medial Payments Both person _ Comprthenil.e - loss of or Damage to the Actual Cosh Value Woos Otherwise $ruled Herdn A,d4. .bile, Eacepl by Collision or Upsel but incuding Fire, The$ and Vrndabim E Catlhioa or Upsel Actual Cash Volvo lost deductible DESCRIPTION AND LOCATION Or OPERATI NS AND AUTOMOBILEI COVERED V; STATE OF TE'(AS Ee LWWF RE IN THE M. EXTERMINATING IKCLIATNG MUTED OPERI,TIOP;5 OR y lOTIC$ I U ' ' ir;CATF IS ADDRrSSED 'PO WHOM SLihu C~.:. It Cors;ohenHre, to stale. If •,ot sComprehenllve, for "other then Auto", Ntl Form such at Olt, EIEV., elc., IA eveht el any malarial changst In oP cancellolten of the policy of potlcles, ISs Ctimpony ° w81 mekh teary effer+ to notify the eddnLLa but undufokez no responsibility by reason of fatlltfE Its de to. r~cF a6lJOtCF-S•flq A.M.rtrd l.maen,.+l,e c -0 P' r WESTER II 0 M PANY One oil A+sse , ' ,h h ~C~on~aszcP,s CHtCA4tp iALLAS PALO ALTO BALA-CYNWYD. PA. LICENSE AND PERMIT BOND (For County, City. Town of Village Only) KNOW ALL MEN BY THESE PRESENTS: BOND No. L & P 1 J 8 9G 5 I That we. -Rudd--&- Hamm E1ectr1a_Co._,_1nc._ of the-City- of -DallaB State of_Texas_A , as Principal, and the WESTERN S1IRFTY COMPANY, a corporation duly licensed to do business in the State of_Tp_x88 as Surety, are held and Srmly bound unto the ~iky- of_pgntOSS State of_-Tgxas_ , Obligee, in the penal (Valid only when a County, City, Town or Village to named as Obligee) sum of _Dne--thw!sg(p n4_ (3-~~g4"0---) DOLLARS, (NOT A1Ib i FILLED IN FOR MORE THAN $10,00A I lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal represe,:tatives, jointly and severally by these Tresents, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal has been licensed as electricians _by the said O')ligee, NOW THEREFORE, if the said Principal shall faithfully perform the duties and ir+ aii things t` comply with the laws and ordinances, including all Amendments thereto, appertaining to :zcense or l permit applied for, then this obligation to be void, otherwise to remain in full force ad effect until I ; , -Qgf, 22• , 1919, unless renewed by Continuation Certlflcata This bond way be terminated at any time by the Surety upon sending notice in writing, by cer- tified mail, to the clerk of the Political Subdivision with whom this bond is filed and to the Principal, addressed to them at the Political Subdivision named herein, and at the expiration of thirty-five (35) dAys from the mailing of said notice, this bond shall ipso facto terminate and the Surety shall there- upon be relieved from any liability for any acts or omissions of the Principal subsequent to said date. Dated this -22nd day of --December Principal Principal I Countcrslgned WESTERN SURETY C,OM?ANY ~ By- By Ret•ident Agent ACKNOWLEDGMENT OF SU E R. Iiofflran, Asst. Secy. (Corporate Officer) STATE OF SOUTH DAKOTA es County of MinnehEha On this -day of , 19..-_,'ofore me, i the undersigned officer, personally appeared R. Hoffman, Asst. 8047 who acknowledged himself to be the aforesaid officer of the WESTERN SURETY COMPANY, a corporation, and that he as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. IN WITNESS WHEREOFO 1 have hereunto set my hand and official seal. My Commission Expires My Catrnlotw wom 4-5-U Notary Public-South Dakota NI ACKNOWLEDGMENT OF PRINCIPAL (Individual or Partners) STATE f ss County o[_________-____ J On this day of 19-, before me personally appeared known to me to be the individual --described in and who executed the foregoing instrument and acknowledged to me that-he-executed the same. i My -nmission expires Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporate Officer) STATE OF ss County of On this day of 19-, before me, personally appeared - who acknowledg?d himself to be the of - a corporation, and that lie as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as such officer. My comriission expires Notary Public I~ i U -Win-m--wom 9900#600# > ) ( I I W c A' D, DJ:y, c-: vj Au3f Cl,,ln DEED-Hllh 91ne14 Jolst and HRi■ $r,.n!a Ackno>lclys,l.~q ldP.TIH 3L:Uonay co. THE STME OF TEXAS, t~N01Y ALL bti:N BY THESE PRESENTS: COUl31'Y OF IlFNI'ON That W. L. Y.IMPLE AND JOHNNIE M. COLE I 'I or the County of Denton heal State of Texas , for and in consideration at i the sum of Ten and no/100 Dollars 010.00) and ru;ar goal and -valuable consideration ` ~i DOLLARS, to t1:em in hand paid by the City of Denton, of the County of Menton and State of Texas , the receipt of which { i is hereby a.knowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER { { QUIP CLADI unto the said City of Denton, its successors 4 heirs and assigns, al! tlidtr right titla 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, to-wit: all that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, being a part of the Hiram Cisco Survey, Abstract No. 1184, and being a part of Lot 4 of Block 2 of Moore Addition to the City of Denton, Texas, as recorded in Volume 178, page 524, of the Deed Records of Denton County, Texas, said Lot 4 being conveyed by Sam W. Fritz tr, Joe B. Akers by deed dated May 10, 1952, and recorded in Volume 382, page lib, of the Deed Records of Denton County, Texas, and being more particularly described as follows, to-wit: Beginning at the northedst corner of said Lot 4; WH NCE south, with the east boundary line 30.0 feet to a point for a corner; 11MNCE west, with the south boundary line, 5.0 feet to a point for a corner 5.0 feet west of and perpendicular to the east boundary line; 1WNCF north, 5.0 feet west of and parallel with the east boundary lino, 30.0 feet ! to a point for a corner in the north boundary line; THENCF cast, with the north boundary line, S.0 feet to the place of beginning i and containing 0.003 acres of land more or less. ;I I~ I TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privt• I logos and appurtenances thereto In any mennor belonging unto the slid City of Dentfat, i~ its successors heirs and assigns, for Aver, so that neither the ea:d M Qt V# KIMBLE AND JOHNNYS N. COLE nor tS ' r; heirs, uor any person or persons claiming under them shall, at any time hereafter, j kAve, claim or demand any right or title to thu aforesaid premises or appurtenances, or any part there. oL i} WITNESS thttils hand at Denton, Texas this ~ G f day e'; December A. .19 69 I. vim", 7 1"X04'kxX;f'J=yXX ~ - _ a E ii i `r SINGLE ACKNOWLEDGMENT THI, STATE OF TEXAS, l COUNTS' OF DENTON_ . j BEFORE ME, the undcr;il nud authority, In and for said County, Tcxas, on this day personally appeared. W. L. KIMBI,E AND JOHNNIE M, COLE 1'i3v:n to rue to Lv Use pernun S. whvso name.,,. are subscribed to the foregoing instrument, and ackm wledged to mo that v h v cxcculod the carne for the purposes and consideration thcr '10 MS ed u: bIVEN I(NDF,k_?.St HAND AND SEAL OF OFFICE, Thl: / day De '{Inber U. 19 J ~r; i~'' . Notary I'ublir Dent on.,.,.. County, Texas r My Cam rnesi n Explres June 1, :~9._.71. ~._..JOINT ACKNOWLEW!1-%T' THE STATE F TEXAS' HEFOY.F ME, the undersigned authority, COUNTY OF_ in and for sate County, Texas, on this dpy perb-,n4y appeared - and his wdfc, hoth known to me to be the persons •%hose names are subscribed to tho foregoing instrument, and tckootvtcdgcd 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 ssrne fully explained to her, she, the said _ . acknowlydgcd such instrument to be her net and deed And the declared that she had w•plingly signed the same for the purposes And ccasideratton therein expressed, and that sh; did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This. . Aay of , A.D. 19 (L.S.) No Public, .......................................County, Texas My Commission Fxplres June 1, 19 WIFWS SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE AI E, the undersigned authority, COUNTY OF _ . In and for said County, Teas, on this day personally appeared.. _ . . wife of known to n,e' to be the poison whose name is subscribed to the foregoing instrument, and havinlc been examined by nta privily and apart from her husband, and having the same fully explained to her, she, the said acknoulcdgcd such instrument to be her act and deed. and rho dcclarcd that she had willingly olgncd 044 aamv for tl,u par,+oee•, a:, e~n:.ier:diurr Vow";n capwssud, and that ada did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,Thls.._ ....................day of A.D. 19......... (L.S.) NotAiry Public, ................County, Texas My Commission Expires June 1, 19............ ° CLEI(K's C);it I T): THE s 'tYyTT3, qr rrE } IZ& C j county COUNTY c, ik/....... , ~1£ Cle gf/jho County Court 9f said County, d hereby certify that the foregoing Instrument of writing dated on the day of j , A, D. ]'.39, with its Certificate AAU~th nticationy was filed for record in my o e on they, Ay of , A. D. 1920, It ~Oback ~3 and duly recorded this(. day o A. D. 19"7~, a r..In..~ 'clock r . bl9 thg t 1 ;,J, Records of laid County, In Volutr, un pages WITNESS MY HAND AVD SEAL OF THE COUNTY COURT of said County, at ulRce I J..... ..........................t............................... the day and *11' . It nbore ' County Cleik.....,..... County, Texas. (L. By . Deputy, i ~ 0 ly0 i`r~^~rpy/I , s si ti x EE ell-ED i as E DcHT H Lu i t OR b~ I E , 4 5 ~ ' o J H t $ 2b I-'' j 9 C,►1 U T ET P I(E CO.C ~p g I, it c-:oy-aurr CLASDt DEEP-WI'.b SIM0~ JOU 9%4 WHi, S.7v.ta Aclnov &n:' it Co., mit" THE 00i'ATE Or EAAS, KNOW ALL MEN BY THESE PRESENTS. ~ COUNTY OF DENTON I That W. L. KIMBLE AND JOHN14MM. COLE i ~i of the County of Denton and State of Texas , for and in consideration of tile swuof --------------Ten and no/100 ($10-00) DOLLARS, and other good and valuable consideration to them in hand paid by the City of Denton, Texas of the County of Denton and State of Texas , the receipt of whieb 4 j ,I is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE. AND FOREVER i QUIT CLAIM unto the said City of Denton, Texas, its successors f1 04Dmnd assigns, all their right title and interest in and to that certain tract or par. I eel of land lying in the County of Denton and State of Texas, described as follows, to-wit: I i All that certain lot,,tract or parcel of land lying and being situated li ' in the City and County of Denton, State of Texas, being a part of the Hiram Sisco Survey, Abstract No. 1184, and being a part of Lot 2, Block 2, Moore Addition to the City of Denton, Texas, as recorded in Volume i 178. Page 52L of the Deed Records of Denton County, Texas, said Lot 2 I~ being conveyed by John and Jennie Alexander to Masonic Lodge No. 62 by I deed dated December 16, 1922, and recorded in Volume 183, Page 494 of the Deed Records of Denton County, Texas, and being more particularly f described as follows, to wit: BEGINNING at the northeast corner of said Lot 2; THENCE south, with the east boundary line, 53.0 feet to a point for a corner;at the southeast corner; THENCE west with the south boundary line, 5.0 feet to a point for a corner 5.0 feet west of and,perpendicular to the east boundary line; THENCE north 5.0 feet west of and parallel with the east boundary line, 53.0 feet to a point for a corner in the north boundary line; THENCE east with the north boundary line, 5.0 feet to the place of beginning and containing 0,006 acres of land, more or less. i~ ~E TO HAVE AND TO HOLD the said premises, together with Ali and singular the rights, privf• leges and appurtenances thereto in any manner belonging unto the said City of Denton, Texas, its successors I #solttxand assigns, forever, so that neither ! the said W. L. Kimblo and Johnflie M. Cole j nor their heirs, nor any person or persons claiming under them shall, A any time hereafter, 4 ! have, clefnt'or demand any right or title to the aforesaid premisep or appurtenances, or any part there- f it Of - WITNESS q our hand3at De',ton, Texas this I dap of December y~ b. 1969 I( Xi~fflif~dil~(D(E(J{iiG}4ldi{dt$(6irIbtr7t ' `l K SINGLI; ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF DENTON BEFORE MY, the undersigned authority, in and for sail County, Texas, on this day pcrsunali a bpeartd W. L. KZMBLE N JMNfall. COLE . I coR q to rte to b :i a yt„on S,,.wi,use name. S are . subscribed to the furegomg instrument, and acknowledged to me that r_ theexecuted the same for the purposes ar.d consideratien therein }xp essP CivxN U.YD};lt .NIY BAND AND SEAL, OF OFFICE:, This j: y o __...D ..eemb r 1 9. (L.B.} .c:....... r Notary Public, .........D.e.n.t Q.T1 County, Texas My Commis ' Expires June 1, 191.1 JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY 01'. . . in and for said County, Texas, or, this day personally apprared..._............. . _ _ and - hEs wife, Loth known to me to be the person., whose names are subscribed to the foregoing instrument, and ncknov.ledged 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 ehe di not wish to retract It. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of.._............... A.D. 19-1 (L. S.1 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 in and for said County,':exas, on this day personally appeared..... _ wife of - _ _ . knowT to me to be the person whose name is suLsciiLcd to the foregoing Instrument, and having been examined by me privily and apart from her husband, and having the same fully explaincd to her, she, the said . _ acknrslod;cd such instrument to be her act and deed, and ate declared that she Lad will, ig'y signed the aaru,e foe ibe puipu.,es and coislderetior, therein expressed, and that she id not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This...__........._..._...day of_-....... A.D. 19...., Notary Public................... ......................................County, Texas My Commission Expires June 1, 19............ CLERIC'S CEIi11IOATE THE Slit TEXAS ; L, iiyyCstt County COUNTY OF... . eC thet county r of said County do hereby certify at the foregoing instrument of writing dated on the day c!L,I~•~~;G( l/.... , A. D with its Certifieut henticati/o~, was filed for d of... r , A. D. 1970 a4 Block _.K rM., and duly record in lily oflce on the,,. t/Jt! p~~1 recorded this.g~............day of........ A. D, 19 'Ill clock C-G M., in the p~ of said County, in 1'ulun in~~pages .~._r~~...~ ...............~-•"FJ~ L Recorde I WITNESS MY BAND AND SEAL OF THE COUNTY COURT of said County, at of ice .IG~f" / 7L~••- the day an Sty~b re v;i S. b .....k":.v cYw~t/ y>L/... t Cou v A Coun Texas. (L By_it.Qs:.......... .....A Daputy. ° 0 C DE 78 C of Y 17 S w Ilk b d TH Io A4RI(E C04, Wo l~ J .-W. JAOOE, JR. MEMBER OF J. W. JAOOE 111 UxAS Tinx ASSOCIATION JAGOE ABSTRACT COMPANY FOUNDED IN 1606 BY JUDOE JOSEPH A. CARROLL OPERATED SINCE 1674 AS JAOOE ABSTRACT COMPANY DENTON, TEXAS December 30, 1969 Mr. Jack Barton City Attorney Denton, Texas Re: Purchase from Fred Moore Es:ate Lot from Wm. Loving Survey, Kostract 759 Dear Mr. Barton: In connection with the above captioned purchase, we are enclosing the owner's Title Policy No. 0 510809 A to the City of Denton. Also enclo-ed is a bill in the amount of $2.50 for recording fees. If we can be of further service, please call. Yours very truly, JA;OE ABSTRACT, COMPANY, BY: JWJ72i;nw 1fro t/o ;ry--Form Prexr;Sed by Srota Dowd of Insurance of Texoa-Reytsed 1966 O0 re, n GF-A4159 S T EA WA R T T I T L L ,0510809A GUARANTY COMPANY , STEWART TITLE GUARANTY COMPANY, a corporation of Galveston, Texas, herein called the Company, for value deer hereby guarantee to the party or parties named below, Lenin styled assured, the heirs, devisee,, faecalarl and adm;nishafon of the assured, or if a corporation, its successan by dissolution, merger of censalidaron, "I as of the dote het"It, the assured has good and indefeus;bie 04 a the following , deKribed land[ All that certain, lot, tract, or narc,r,l_ o' laic: lvi.nrf and heinrl situated in the City and Collnty o` D :,tea, Stage: or ,.r.d bcin a part of a tract of land lv.inrf tn tn.:n Survey, T.bstract No. 759, conveyed to II,L. :loore arc'./nf '.D. A'oore 7,v recorded s in Volume I Parse of ti-,c Recorclr3 of Denton County, Texas, and beincl more narticularly Lo l•lit: MC;INNV\(", :lt :1 point in the nOL'i:I1S!. C0 i] J ei- t':r: C i , 1(I point also beinrl in the noint of intCTseCtlori of t} :C e,^. :t YlrTht of laV line of Center Street and the south rirTht of l;ay ling of Prairie; THENCF, in an easterly uirection alorrf saiu soutiz ria?: o^' ,ray line of Prairie Street, same beinrt the north nrel)c_ty 'Line of snisl ::co-re tract, a distance of 100 feet to a noint for a corner; TIIENC'' south parallel with ani 100 feet east of the cast ricgi:t of I!a- line of Center Street, a distance of 155 `.ent to a noint in the ccn`cer- line of a 20 foot alley sher,,ln of record L,y plat, for a corner; THENCE west (approximately) alone the centerline of said 20 foot alley, and parallel with the aforesaid north nronerty line of the 'Ioore tract, a distance of 100 feet to a point in the cast ri_nht of ~aav line of Center Street for a corner: THENCE north (approximately) alone sr^id east right of ?.ine oil Center Street, same being the west nroT)erty line of the aforesaid !,oore tracts, a distance of 155- feet tol.the place of hccTinning and ccit iin .ng in all 15,500 square feet of land or (anproximately 0.379 acres), mo--n or less. s 3.w'tghh of parties in passeuion. 6. Any visible and apparenty roadway or easement over or across the subject property, the existence of which does not appear of record. t t ` The Company shrill not be liable In a greater amount than the actual monelary lose of assured, and In no event shall said company be t y liable for more than I TWENTY THREE THOUSAND TWO HUNDRED FIFTY AND NO/100-------($23,250.00)--- F Dollars, and shall, except as hereinafter slated, at its ern cost defend said assured In awry suit or proceeding on any claim against or right to sold land, at any part thereof, adverse to the title as hereby guaranteed, but the compony shall not be required to defend against any claims } baud upon mailers In any manner excepted or excluded under this policy by The foregoing exceptions or by the General Canditians and Stipu- lations hereof. The party or parties entitled to such defense shall within a reasonable time after the commencement of oath suit or proceeding and In ample time for defense therein, give The Company written notice of the pendency of the suit or proceeding, and authority to defend, t cud she company shall not be liable until arch adyene Interest, claim, or rigla shall have been held valid by o court of last resort to which , either litiganl may apply, and if ouch advena Interest, clo;m, or right so estobDAod shall be for less than the whole of the land, then the lia- bilily of she Compony shall be only such part of the whole liability limited oaeve as shall Lear the memo ratio to the whole liability shot the , adverse Interest, claim, or right estoLlhhid may bear to the whole land, ssch ratio to I.' based an respective values determinable as of the I date of N& policy. In the absence of natice as aforesaid, the Company is relieved from a 1 liability with respecl to any such Interest, claim, or , right provided, however, Act faflwe to nolify shall not prelud;u the rights of the assured if ouch assured shall not be a party to such anon or proceeding nor be served wish process Ihentn, nor have any Lnowhdge Thereof, nor in any case, unless the Company shall be actually prely. , diced by Such facture. t Upon 6011of the land this policy automatically thereupon shall became a wsrrantor'e policy end the assured, the Wrs, devices, eacutors , and odminlrems re, of such assured, or if a corporation, Its ,uccesmrs by dlssaktion, merger or conwlidoti a, Ooll for a period of twenty-five 1 yeah from dale hereof remain fully protected according to the terms hereof, by reason of the payment of any lass her they or it may sustain an s dcaaM of any warranty of title contained In the deed executed be assured conveying said fared, The Company shall be liable under said war- troth fit calyx by reason of deNcle, Dens or encumbrances existing prior to or a the date hereof and not excluded either by the foregoing exeep- t $On Of 6y the Oatmeal Conditions and Stipulatlone hews, such Dabfl;ty not b exceed the amount of this policy. SIGNED UNCER SEAL for the Com,sany, but shin policy Is to be valid only when it bean r i Me+:ti an authorhad ceunterdgnature, as of the 23 day of December , f fb }~~s ~'ye „ti(y.*~~ ry< TP 69, lfse efr.rayedale of this policy, at Denton TIAOL k: r;~y, Y~yv7 V Soo Ii,%t/,icy a I~v11~~I AIi fj .•sr.e eau area r mree, ExA JA~.GpO SST 'T COMPAINYy I;bbT TE L Chairman Author ~n wpnafurg hestdenf see, hl "na~K, 9 A E .1'Yre►14wMaww. i. /JMMleemll T-11 Owner's Ial:ry-/arm herrlbed by S1ote Dowd of Insurance all Temrfbvtrad 1966 ! ro Mee ril'• ,C^..l 1 • NAME OF THE ASSURED; City of Denton, Texas ` e 1 This policy is subject to the GENERAL CONDITIONS AND STIPULATIONS on the back hereof and to the following matters which are excep- + lions from the coverage of this policy: 1 t 1. The following lien(s) and air forms, prcvrsions and conditions of the Fnsfrument(s) creating or evidencing raid hen(s)' t NONE t , t t r t t t 7. R.sirictive covenanis affecting the laid described w feferred to above. ' 3. Any diwreponcies, conflicts, or shortages in area or boundary lines, or any encroochmente or any overlapping of improvements. ' s 4. Alt taxes for The year 1970 and subsequent years, + 5. Rights of pmltes in possession. 6. Any visible and apparenty roadway or easement over or across the subject property, the existence of which does not appear of record. t , t + The Company shall not be tioMe in a greater amount then the actual monetary lots of a:suted, and In no evert shall raid tympany be TWENTY more THREE THOUSAND TWO HUNDRED FIFTY AND NO/100-------($23,250.00)--- ' ' Dollars, and shell, except or heretnaher stated, of its awn cod defend said assured In every suit or proceeding on any claim against or right to mid land, or any part thereof, adverse to the tide as hereby guaranteed, but the company shall not be required to defend against any claims ' bared upon motien In any manner excepted or excluded under this policy by the foregoing exceptions or by the Central Conditions and Sslpu. + lotions hereof. The party or parGu entitled to such defense shall rithir a easonoble lime after the commencement of such suit or proceeding ' and in ample time for defense Ihuein, give Ike Conpony written r.tice of 'tie pendency of The suit or proceeding, and authority to defend, and The company shall not be liable until such adverse inlaresl, claim, or rigt shall have been held valid by a court aF ?oil rearl to which either liligcnt may apply, and Tf such adverse intored, claim, of right m established shall be for lest than the whole of the land, -ham the lia- bility of the Company .half be only such part of the whale liability limited oboes as shall bear the time rofio to the whole ti3bility that the adverse lnterisl, claim, or right established may bear to the whole land, such ratio to be based an resptcsiw values determinable as of 60 date of this pallcy, in the absence of notice as oforemid, the Company is relieved from all liability with raped to any such Wwost, claim, or righlc provided, however, that faihve to notify shall not prejudice the fighPs of the assured if such assured shall not be a Fortify to such action r er proteeding nor be served with process therein, nor have m., knowledge IhoreoF, nor In any case, unless the Company shall be actually proiu- diced by such failure, t Upon sole of the land this pAicy oulomotically Th,reupan shall become a worronrar's policy end The assured, the heirs, devices, executors + and administrators, of such assured, or if a corporation, its luccsssors by dissolution, merger or consolidation, shall for a period of twenty-Five i years from dole hereof remain fully protected according to the terms hereof, by season of the payment of any lots he, they or it may sustobs on s at-junl of any warranty of title contained in the deed executed by assured conveying mid fond, The Company shall be liable under mid war. + cony only by sown of defecle, Ilene or encumbrances existing prior to or of the date hereol and not excluded either by the foregoing excep• t lions or by the General Conditions and Stipulation hereof, such lability not to exceed the amount of this policy. + ~~~.,E~Ct79 SIGNED UNDER SEAL for the Campmy, but 'his policy is to be vofid only when It boon s R on outhorieed countwugnowre, as of the 23 day of December , 19 69 , If a afrectire data of this policy, al Denton TexoT. r1~ 14 0 e ,S 'r. F}yl'ENVAk12r1e '1'1'1'1.1•, T~'x'Ati 411,611'011 r We'll ' JnAGO ABST T COMPAVYy C 1~7~i ! r ~ ~o _ ~ . Chairman Author ern dgnatvre president NYMNt KK Q a1, $Q9" ' Mw Mf see Mw 4 . r~~ t see ~ ~ 1,.,w ~S 5~° V N OENERAI CONDITIONS AND STIPULATION'. 1. Deflettlan of Terms The following forms when used In this policy means (o) "land", the land described, specifically or by reference. and Improvements affixed thereto which by low constitute real property') (b) "public recardses those records which Impart consiructirs notice of matters r■lath.pp to sold lands (d 'knowledge"r actual knowledge, not constructive knowledge or notice which may be Imputed to the Assured by reason of any public rec. ordy and (d) "datees the efledhs date, Including hour if specified. 2. Exclusions from Ilia Coverage of this Policy This policy does not insure against toss or damage by reason of the following, (o) The refusal of any person to purchase, lease or land money an ilia )and. (b) Governmental rights of pollee power or eminent domoin unixss notice of the exercise of such rights appears In the public records or the date hereof') and the consequences of any law, ordinance or governmental regulotfon Including but not limited to building and toning ordinances, (c) Any titles Or riohls asserted by anyone, Including but par limited to persons, corporotions, governments or other switim Io tidelands, or lands comprising :he shores or bed; of navigable or perennial riven and streams, lakes, bays, gut, or means, or to any land exiending from the lint of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or bulkhud lines as established ar changed by any go., ernment, or to Hied In fonds at artiflciot isloods or to riparian rights, or the rights or Irierests of the State of Texas or the public generally In the area extending from the line of mean low tide to the line of vapefulton or their right of aaeu Iheruto or right of easement along and oaoss the same. (d) Wads, hens, encumbrances, adverse claims against the title as Insured or other matters (1) created, suffered, assumed or agreed to by the Assured at the data of this pony, or (7) known to rtes Assured at the dais of this policy unless dlxloiuro thereof In writing by the Assured shall have been mode to the Company prior to the date of this poliyt or lose or damage which would not have bcvn sustained if the Assured were a purchaser for valve wuhavi knowledger or the :.omsstsod or communrty property, or survivorship rights. If any, of nny spouse of any Assured. 3. Defense of Athens (a) In all cases where this policy provides far the derense of any action or proceedings, As Assured sh n secure to the Company the right to so piavids defense in such action or proceedings, and all appeals therern, and permit It to use, at Its option, the name of the Auured for svch purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable old In any such adton or proceeding, In affecting settle. men?, seavrirg evidence, ebmining witnesses, or defending such action or proceeding. (b) The Company shod have the right to seted counsel of Its awn choice whenever it is regv4ed to defend any wD or proceeding and such counsel shelf have full contra' of sold defense. (c) Any odion taken by the Company far The defenw of the Asuured or to establish the trite as insured, nr both, shall not be construed as on admission of liability and the Company shall not thereby be herd h- xnxsde liability air wave any provtston c1 this policy. 4. Pollment of Loss (a) No claim shall artse or be matntolnnble under this policy for liability vofvnlarily assumed by the Assured In settling any claim at rull with our written consent of the Company. (b) Al) paymsah under tF,?s policy, s icept payments mods for costs, attorney fees and expenses, shall reduce the amount of the insurance pro Icl and the amount of this policy .hall he reduced by any amount the Company may pay under any policy injuring the validity or priority of any hen excepted to heroin w any iris umont hereafter executed by this Arsvred whi h is a charge or lion on the land and The amount so paid shall be deemed a payment to the Ascu•,d under this policy. (c) The company shall %eve the option to pay or settle or compromise for or to Ike name of the Assured any claim Insured against by this policy and suits payment tender f poymenP, h,gether with all costs, oftorneys' fees and expenses which the Company Is obligated hereunder to Dq', shall tsrm!mote all liability of the CoTpany hereunder as to such alarm. Furiber, the payment or fender of payment of the full amount of this porky by Ilia Compat.sr shoal terminate all liability of the Company under this policy. j (d) Whenever the Company shall have settled a claim under this policy, all right of subrogaflon shall vast in the Company unaifadod by any ad of the Assured and It shalt be sub•ogoled to and be entitled to all rights and remedies of the Assured against any person or property In rasped to w;h Bairn. The Assured, if requested by the Compares,, shall transfer to she Company an rights and remadles against any person or property neo, mosey Involvi n ~ ~hWait ~r~tght of int"atlon, and shall permit the Company to use the name of the Assured in any Ironsadbn or littgatla R " ["tire Confrad A" ediaa of adlow of rights of adlon that the Assured may have or may bring against the Company arlisng fret of the rrahu all the tttsa In. cured Wreundar must be bored aI tf4 pravlsbns of thlle policy, and an Tselka nqutrvd to be given the Company and any statement In wiling r• Quilted to be fwnkW Ate Company stood be addressed to 11 set Ch Ian 3029, alosi% Tomas M 1. ' R 11T4 policy Ir reef Oraesleeablh►. d ~ J URBAN PLANNING CONTRACT CITY OF DENTON, TEXAS AND MARVIN SPRI NGER AND ASSOCIATES AND NORTH CENTRAL TEXAS REGIONAL PLANNING COMMISSION THIS AGREEMENT, entered into this Y ~2 9 _day of 19 by and between the North Central Texas Regional Planning Commission, hereinafter referred to as the "Planning Assistance Agency" and tiie City of Denton, Texas hereinafter referred to as the "Municipality" and Marvin Springer and Associates with the principal office located in Dallas, Texas, hereinafter referred to as the "Consultant" witnesseth that: WHEREAS, under the provisions of Title VII, Section 701 oT the Housing Act of 1954, Public Law 560, 83rd Congress, Chapter 649, 2nd Session, 68th Statute 590, approved the 2nd day of August, 1954, as amended, funds ore being mode available by the Department of Housing and Urban Development for planning assistance, including among other things the preparation of a general plan, administrative control measures and other planning work in certain communities of the State of Texas, and; WHEREAS, the Congress of the United States has by statute provided that the North Central Texas Regional Planning Commission may act as a Planning Assistance Agency; and WHEREAS, it is the intention of the Planning Assistance Agency-to use the funds provided for under Section 701, Title VII, Housing Act of 1954, 83rd Congress, 68th Statute 5110, as emended; NOW, THEREFORE, in cons'deration of the foregoing and of the mutual covenants and agreements hereinafter set forth, the parties hereto and legally intending to be bound thereby, do covenant and agree for themselves and their respective successors and assigns, as follows: ARTICLE I CONSULTANT A. The Planning Assistance Agency hereby agrees to engage the Consultant and the Con- sultant hereby agrees to perform the services hereinafter set forth in connection with the project of the Planning Assistance Agency under the urban planning grant contract. B. The Consultant shall perform all the necessary services provided under this contract in connection with and respecting the Municipality, and the area anticipated to be in the process of urbanization during the planning period which shall be designated the planning area. C. All of the services required hereunder shall be performed by the Planner-in-Charge or under his direction. The Planner-in-Chargb shall furnish his personal services and time in the amount ::ecessary to accomplish effectively the planning work proposed in this contract. The Consultant shall secure at his own expense all personnel required to perform the services under this contract. Personnel performing or wpervising the performance or engineering, .architectural, legal or other similar professional services, who by Statute ace to meet stated qualifications, shall be registered or licensed when so required. D. None of the work or services covered by this contract shall be subcontracted without prior w71tten approval of the Planning Assistance Agency. E. The scope of the work to be done under this contract shall bre subject to modification and supplementation upon the written agreement of the duty au-horned representatives of the contracting parties. Howev ir, should the contracting partie, be una';le to ogrce unar.tmously, then the recommendations of the Planning Assistance Agency shall prevail, such r-A recommen:'ations to be given in writing. No modification of the terms of this contract shall be made that would change the total contract price, unless such changes, including any increase or decr,~ase i,i the amount of the Consultant's compensation, ore mutually agreed by and between the Planning Assistance Agency, the Consultant and the Munici- pality and shall be incorporated in written amendments to this contract. F. The activities of the Consultant, his staff and associates shall be fully coordinated with th,,. activities of the Municipality's Planning Commissioni, the staff of said Planning Commission, the Municipality's planning representative, and the Planning Agency. As the work of the Consultant, his staff and associates progresses, the Con:ultant's advice on matters c f immediate concern to the Municipality's Planning Commission and reloted to the speci 'c program covered by this contract shall be made available to the Munici- polity's Planning Commission during the period of this contract, but such advice shall not be required to be given if the time consumed in the giving thereof would impede pro- gress on the specific work program covered by this contract. G. The Planning Assistance Agency shall be the final judge of the q.jality of the work performed. H. The work accomplished by the Consultant under this contract shall bn reviewed by the planning representative of the Municipality at such times as are considered necessary by the Planning Assistance Agency and the approval, disapproval Agency, at such times as the Planning Assistance Agency may request, or as deemed necessary by the Municipality. 1. The Consultant shall provide copies of all interim and final reports to the Planning Assis- tance Agency cnd the Municipality's planning representative, such reports to include textual material and maps. Interim reports shall be delivered immediately after completion and final reports shall be delivered not later than the date of termination of this contract and in quantities stated in the contract. Progress reports, as required bythe Planning Assis- tance Agency, shall be made from time to time in amounts, and in the forr,is specified by the Planning Assistance Agency. J. All material developed or acquired by the Consultant for work done under this contract, including, but not necessarily limited to, base maps, study maps,air photographs, votis- tical tabulations, publications, studies, reports, etc., shall become the property of the Municipality's Planning Commission and shall be delivered to the Planning Commission by the Consultant not later than the date of the termination of this contract. K. Tha Consultant shall not assign any interest in this ~onrract and shall not transfer any interest, whatsoever, in the some (whether by assignment or novation), without the prior written consent of the Planning Assistance: Agency thereto; provided, however, that cloirns for money due to or to become due the Consultant from the Planning Assistance Agency under this contract may be assigned to o bank, trust company or other financial institution without such aPFroval, Notice of any such assignment or transfer shall be furnished promptly to the Planning Assistance Agency. 1. The Consultant shall accept full responsibility for payment of unemployment insurance, premiums for workmen's compensation and social security, us well as all income deductions and other terms or payroll deductions required by low for his employees engaged in the work authorized by this contract. M. The Consultant shall save harmless the State and the Municipality from nll suits, actions, or claims brought on account of any injuries or damages sustained by any peron or property In consequence of any neglect or misconduct by the Consultant or any employee, or on account of any claims or amount recovered for any infringement of patent, trademark, or copyright, or from a ny claim or amounts arising or recovered under the "Workmen's Compensation Laws" or any other laws. The Consultant shall not be released from such responsibility until all claims have been settled and suitable evidence to the effect furnished the Planning Assistance Agency. ARTICLE it MUNICIPALITY A. The Municipality agrees to make available to the Consultant alI maps, records and data on file that will assist the Consultant in the discharge of the services herein contracted. 8. The Municipality, its officials and employees an d the members of the Planning Commission and the Commission's staff shall cooperate with the Consultant and the Planning Assistance Agency in the discharge of their responsibilities under this contract and will be available for consultation with the Consultant and the Planning Assistance Agency at such reasonable periods as not to conflict with their own responsibilities. C. The Municipality agrees that the services of the Municipality's Attorney shall be used in preparing development controls in the form of ordinances and/or regulations in accor- dance with applicable Mate Statutes and local legal requirements and in a form suitable for adoption by the Municipality's Governing body at no additionjl cost to the Consultant. ARTICLE III FINANCIAL OBLIGATION OF THE PLANNING ASSISTANCE AGENCY A. It is the understanding of oil parties to this contract that the Planning Assistance Agency, by joining in this contract, does not pledge or promise to pledge the assets of the North Central Texas Regional otonning Commission, nor does it promise to pay any part of the con- tract sum provided for in this agreement from any monies of the North Centrat Texas Regional Planning Commission, except such monies as shall have been granted and paid to and actually received by the North Central Texas Regional Plonninfj Commission for this droject by the Department of Housing and Urban Development of the Unitod States Government, and such monies as sholI have been contributed to the North Central Texas Regional Planning Commission by the Municipality under the provisions of Article XVI of this contract. B. It is further understood and agreed by the parties that in the event a contract is not concluded between the Planning Assistance Agency and the Department of Housing and Urban Development covering the project of which the Municipality is included, or should the Department of Housing and Urban Development for any rooson disapprove this contract or refuse to make grant funds available to the State for thy, purpose of carrying out the intent of the contract, then this contract shal I be void and shall not be binding on any of the parties hereto. ARTICLE IV DIRECTION OF %ORK A. The work done by the Consultant's staff and associates shall be under the psrsonol supei- vision of the Consultant or such other qualified person as shall be designated by the Consul- tont and approved by the Planning Assistance Agency with concurrence of the Municipality. B. In the aforesaid supervision, the Consultant or his representatives shall act in complete harmony and coordination with the planni.)g representative designated by the Municipality or its Planning Commission and the Planning Assistance Agency. C. In order that the Planning Assistance Agency may meet its obligations to the Federal Government with respect to supervision or program content and technical quality of the work to be performed by the Consultant under this contract, the work to be done by the Consultant urjer this contract shall be in conformance with the highest standards of com- prehensive planning. D. In the event of any disagreement between the Consultant and the planning represen- taHve of either the Municipality or the Planning Assistance Agency, the recommendation of the Planning Assistance Agency shall prevail. ARTICLE V EQUAL EMPLOYMENT OPPORTUNITY In carrying out the project work, the Municipality and Consultant hert;bv agree to comply with Title VI of the Civil Rights Act of 1964, to the end that, in accordance with Title VI of that Act, no person in the United States shall on the ground of race, color, or nalionul origin, be excluded from participation in, be denied the benefits of, or be other- wise subjected to discrimination under any program or activity for which the Municipality and Consultant receive Federal financial assistance from the Department; and hereby give assurance that it will immediately take any measures necessary to effectuate this agreement. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship in accordance with the Civil Service rules and regulations of such municipalities. The Municipality and Consultant agree to post in conspicuous places, available to employees and applicants for employment notices to be provided by the Planning Assistance Agency setting forth the provisions of this non-discrimination clause. The Municipality end Con- sultant shall include similar provisions in all subcontracts for services covered by this contract. ARTICLE VI INTEREST OF MEMBERS OF PLANNING ASSISTANCE AGENCY AND OTHERS No officer or employee of the Planning Assistance Agency or member of its governing body who exercises any function or responsibilities In connection with the undertaking or carry- ing out of the project shall, prior to the completion of the project, voluntcrily acquire any personal interest, direct or indirect, In any contract or proposed contract in connection with the project. If any such member, officer, or employee presently has, or in the future involuntorily acqulres any such personal interesthe shall immediately disclose such interest to the Planning Assistance Agency. Upan such disclosure such member, oR icer or employee 1 shop not participate in any action by the Planning Assistance Agency affecting the carrying out of Oe project, The Planning Assistance agency shall promptly advise the Government of the facts and circumstances concerning any disclosure of interest made to it pursuant to this paragraph. No official of the Planning Assistance Agency and no member or its governing body and no other public official of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in the review or opprovul of the undertaking of carrying out of the project shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or indirect, in airy contract or proposed contract in,connection with the project . ARTICLE VII INTEREST OF CONTRACTOR The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would cgnflict in any manner or degree with the per- formance of his services hereunder. The Consultant further covenants that in the performance of this contract no person having such Interest shal l be employed. ARTICLE VIII OFFICIALS NOT TO BENEFIT No member or delego16 tothe Congress of the United Sto'•ss of America shall be ad- mitted to any share or part hereof or to any benefit to arise herefrom. ARTICLE IX IDENTIFICATION W DOCUMENTS All reports, maps and other documents completed as part of this contract, other than documents prepared exclusively for internal use within the Planning Assistance Agency, 1 • . shall carry the Following notation on the cover or title page and on face of maps, charts, or graphs: PREPARED THROUGH THE COOPERATION OF THE NORTH CENTRAL TEXAS REGIONAL PLANNING COMMISSION The preparation of this material was financially aided through a Federal Grant from the Department of Housing and Urban Development, under the Urban Plan- ning Assistance Program authorized by Section 701 of the Housing ket of 1954, as amended, ARTICLE X COPYRI G HT No reports, maps or other documents produced in who!e or in part under this contract shall be the subject of on application for copyright by or on behalf of the Consultant. ARTICLE XI TERMINATION OF CONTRACT A. The Consultant shol I have completed all work covered by this contract and this contract shall terminate as specified in th,3 contract unless extended by mutual consent of the Plan- ning Agency and the Municipality and the Consultant. In the event that work is not com- pleted by that date and mutua! consent of the three parties for extension of the contract is not obtainable, the following procedures shall be followed: (1) if refusal to extend is by the Consultant, paragraph C of this section shall apply, (2) if refusal to extend is by the Planning Assistance Agency or the Municipality, paragraph D of this section shall apply. 8. Tnls contract may be terminated prior to the expiration of the contract period mentioned unanimous written agreement by the three parties to this contract, or: C. If, through any cause, the Consultant shall fail to fulfill in t imely and proper manner his obligatlons ender this contract, or if the Consultant shall violate any of the covenonts, agreements or sHpulatiors of this contract, the Planning Assistance Agency shall thereupon have the right to terminate this contract by giving written notice to the Consultant of sick termination and specifying the effective date thereof, at least five days before the effec- tive date of such termination. In such event, oll finished or unfinished documents, data studies, surveys, drawings, maps, models; reports, photographs, etc., prepared by the Consultant under this contract sholl, at the option of the Planning Assistance Agency, become its property and the Consultant shall be entitled to receive just and equitable com- pensotion for any satisfactory work actually completed on such documents. Notwithstanding the above, the Consultant shall not be relieved of liability to the Planning Assistance Agency or the Municipality by virtue of any breach of the contract by the Consultant, and the Plan- ning Assistance Agency may withhold any payments to the Consultant for the purpose of set- off until such times as the exact amount of damages due to +he Planning Assistance Agency and the Municipality from the Consultant is determined. D. The Planning Assistance Agency may terminate this contract any time by a five-day notice in writing from Planning Assistance Agency to the Consultant. If the contract is terminated by the Planning Assistance Agency as provided herein, the Consultant will be paid an amount which bears the some ration to the total compensation as the services actually performed bear to the total services of the Consultant covered by O.a contract, less payments of compensation previously made. E. The Municipaliry may request termination of this contract prior to its expiration in writing from the Planning Assistance Agency. If such termination is agreed to, then cancellation shall bo In conformance with the terms set forth in paragraph D. of this Section. s ARTICLE XII OFFICE SPACE The Municipality hereby agrees to make avc Table to the Consultant, -without charge to the Consultant or Planning Assistance Agency, the :pace needed for compiling data from City records and the Consultont hereby agrees not to include ony charge for such space in his fee. The space shall be furnished only with availobl i furniture and shall not include special equipment. it ARTICLE XIII SCOPE OF SERVICES 1. Ecotomic Base and Population Projections A. A review of the changing physical factors infiuencing the growth and development of Donlon such as the cxpon;ton of the universities and growth impact from the Rcgionol Airport and improved highway access will be made. B. The employment, population, building end related economic aspects of the Community will be examined in light of changing conditions and pro- jections of future population will be made along with estimates of popula- tion density and distribution for various ports of the urban area. C. The available area for future development and likely areas for redevel- opment of Denton wil I be evaluated as a guide to future population distri- bution and community facility needs. D. Anolyae and make maximum possible use of NCTCOG's data files rela- tive to the sub-area delineation of the municipality and the growth projections within ihase sub-areal units as a result of the impact of the Regional Airport and the natural growth of the NCT region. E. A report encompassing the updated economic, population and develop- ment projections will be made. 2, wing The city's base map wil I be expanded and updated for the Incorporated and adjacent ureas for the city for the presentation of the various planning data. r~ The scale of the mop shall be mode to the maximum possible size within a 54-inch wide map. 3. Land Use (a) An existing land use survey will be made of the City and its environs and a color coded map will be made to indicate the existing land use pattern. The scale of the map shall be jointly determined by the planning agency, the city and the consultant. (b) An analysis will be made of existing land use data. Also included will be an estimate of the impact of the Regional Airport, highway facilities and other features influencing the present pattern. (c) Projected land use requirem-nts to 1990 will be made and be bcsed upon population projections and future land use needs. The existing data and pro- jections will be made by unit areas to facilitate Planning for Denton. (d) A recommended Future Land Uye Plan will be prepared to indicate the pattern of future land use requirements of the City and its environs. 4. Reports One hundred copies of each of the reports to be devcloped under this contract will be made. Eighty copies of each are to be submitted to the city and ten coples of each are to be submitted to the planning agency. Planner-in- Charge During the period of the contract, the Planner-in-Charge shall be Marvin Springer The Planner-in-Charge shall attend a minlrr= of 5 meetings per year during the period of the contract for the purpose of obtaining substantial understanding and participation in the total planning process for the Municipality. Should the Planner-in-Charge become unable to continue with the discharge of his duties under this contract, the firm Marvin Springer and Associates shall immediately notify- the Planning Assistance Agency and all work under this contract shall be suspended until the services of a person meeting the Plan- ping Assistance Agency's qualifications for a Plonner-in-Charge have been obtained and until this contract has been amended to replcce !v',r• Springer as Planner-in-Charge with the person meeting the Planning Assistance Agency's qualifications for Planner-in-Charge, The Planner-in-Charge shall present published reports to the Municipality's Planning Commission of scheduled meetings, -ARTICLE XIV SCHEDULE OF PLANNING SERVICES A. No work shall be commenced under this contract and no obligations for any payment under this contract shall be incurred until the planning representotive of the Municipality and the Consultant have becn advised in writing by the Planning Assistance Agency that both Federal Funds and funds of the Municipality have been made available to and actually received by the Planning Assistance Agency for the purpose of this contract and that, accor- dingly, work should commence. ' B. Following notification to commence the Consultant shall proceed with his services in such sequence as to insure their expeditious completion in the light of the purposes of this contract. But in any event all the services required hereunder shall be completed and sub•- mitted to the Municipality and the Planning Assistance Agency on or before May 3, 1970. ARTICLE -XV 'COMPENSATION TO CONSULTANT AND MUNICIPALITY A. For and in consideration of the services to be furnished by the Consultant, the total amount payable by the Planning Assistance Agency under this contract shall be the sum of ten thousand and seven hundred dollars , which shall constitute full and complete compensation for the Consultant's services hereunder. B. The Honning Assistance Agency shall, upon requisition, compensate the Consultant in the amount provided herein after the specified work has been delivered and accepted, except that ten percent of each amount due shall be retained until the Consultant has com- piled with Section J, Article I and Section I-F, Article XIII of the contract, and the Plan- ping Assislance Agency has received all Federal and Municipal project funds: C. It Is expressly understood and agreed that under no event will Ihe• total compensation and reimbursement to be paid hereunder to the Consultant exceed the maximum sum of $13,700, for bll the services required. y ' I I ARTICLE XVI CONTRIBUTION BY MUNICIPALITY A. It is agreed between the purties that the Municipality shall cause to be paid to the North Central Texas Regional Planning Commission the sum of $31566.00w(iich monies represent the contribution by the Municipality for its portion of the project costs, provided however, that the Municipality shall contribute certain services in lieu of cash in accor- dance with the provisions, and subject to the limitations, as set forth in Articles III-B and XI 11 and XV of this contract. B. The cash contribution provided herein in A above shall be paid by the Municipality to the North Central Texas Regional Plannirg Commission as follows: $3,566.00 at the time of the contract is signed. IN WITNESS WHEREOF, the parlies hereto have executed this agreement the day and year first above wriilen. , Approved as to Legal Form and Legal Adequacy PLANNING AS"-ISTANCE AGENCY By A~f A, ed cMa er, Gen o CovnseI- a' n, on Ce ra T os N rfh Cenfrol Texas Council of Governments/ Council of Governments/ North Central North Central Tt, os Regional Planning Commission Texas Regional Planning Commission City of Denton ATTEST: MUNICIPALITY By A) L. A. Nelson, Mayor City of Denton Approved as to Form: rty ttorney Marvin Springer and Associates ATTEST: CONSULTANT By ecrefary Mar n R. Springer. Pr iden I t~D i'P4 6 f~~ a NO. AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS WITHIN THE CITY LIMITS OF DENTON, DENTON COUNTY, TEXAS, AND DECLARING THE EFFECTIVE; DATE. THE COUNCIL OF S'HE CITY 0? DENT ON, TEXAS, HEREBY ORDAINS: SECTION I. Effective with the first gas bills rendered after the final approval of this ordinance, the maximum general service rate for sales of natural gas rendered to esidential and com- mercial consumers within the City Limits of Denton by Lone Star Gas Company, a Texas Corporation, its successors and assigns, is hereby fixed and determined as follows: First 1,000 cu.ft. or fraction thereof $2.222 Gross; $2.00 Net Next 21000 cu.ft. @ $.989 per Mef Gross; $.89 per Mcf Net heat 79000 cu.ft. @ $.944 per Mcf Gross; $.85 per Mof Net Next 15,000 cu.ft. @ $.911 per Mcf Gross; $.82 per Mcf Net Next 25,000 cu.ft. @ $.867 per Mcf Gross; $.78 per Mef Net All Over 50,000 cu.ft. @ $.822 per Yof Gross; $.74 per Mcf Net No gas bill will be rendered tc any residential or com- mercial consumer served under the above rate not consuming any gas during any monthly billing period. SECTION II. Net rate shall apply to all bills paid within ten days from monthly billing date; gross rate shall be applicable there- after. The above rate is applicable to each residential and cure;.ereial consumer per month or for any part of a month for which gas is used at the same location. In addition to the aforesaid ratas, Company shall have the right to collect such reasonable r,harges as are necessary to conduct its business and to carry out itr, reasonable rules and regulations in effect. SECTION III. The rate set forth in Section I may be changed and amended by either the City or Company furnishing gas in the mt~nner provided by law. Service hereunder is subject to the orders o:' regulatory bodies having jurisdiction, and to the Company's Rulas and Regu- lations cisrrently on file in the Company's Office, and to the ordinaneas of the City of Denton, Texas. PASSED AND APPROVED on this the day of Decembers 1969. 'S f L. A. NELSON, MAYOR A~'- CITY OF DENTON, TEXAS APP VED TO LEGAL FORM: JAj0X Q. BARTON, ITY ATTORNEY TY OF DENTON, TEXAS THE STATE OF TEXAS Q COUNTY OF DENTON Q I, Brooks Holt, Secretary of the City of Denton, Denton County, Texas, hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and approved by the City Co ncil of the City of Denton at a regular session held on the day of December, 1969, as it a pear of record 1v the Minutes of said City Council in Book Page _2 P 4P Til day WITNESS MY HAND AND SEAL OF SAID CITY, this the _ of December, 1969. RO 'HOLT, CI SECRETARY CITY OF DENTON, TEXAS Comparison of Monthly Billing at Several Rates {Net; MIN. BILL PRESENT PROPOSED RECOMMEND DALLAS FT,. WORTH 0 .50 2.00 2.00 1.50 1.50 1.00 MCF 1.26 2.00 2.00 1.50 1.50 2.00 '.2-.02 2.99 2.89 2.28 2.45 3000 2.78 3.98 3.78 3.14 3.40 5.00 4.29 5.82 5.48 4.86 5.30 7.5 6.19 8.12 7.61 7.01 7.67 10.0 8.09 10.42 9.73 9.02 10.05 15.0 11.88 14.72 13.83 12.97 14.45 25.0 19.47 23.32 22.03 20.62 23.25 50.0 38.45 43.32 41.53 39.12 44.75 75.0 57.42 61.82 60.03 56.37 65.75 100.0 76.40 80.32 78..:' 73.62 86.75 125.0 95.38 97.32 97.03 90.37 107.25 i I .s ors Mt ti' ~'i , ~ihi♦♦ l t) td' t V ti111`~ n! n' 1 V f'q t r M1 , N , i 1 r r II Ap ♦y'Y''' M r 1.1111111 r , ~~'n~N A 1 ` V Y (1 { 1 ~'a~ ~~.r ,^S~ r 1• .fir. r~~ 1/n ~ t ~ ~~1YIInl.N t, ;off tr w1~.",eI d' r1' t' fd ~i ai s t, r 1 lA ri r lip 't sf.4 r"{f 7Y t• Y ~ ~ a • r Ii C`T 1 r J7 ~ {1 i LI a,.ryrt r n fr ' .CF7lt;IFCCttyllllQ - - 1! , ATLANTIC INSURANCE COMPANY DALLAS, TUAS LICENSE BOND R'IOW ALL MEN BY THESE PRESENTS: That we C. F• Principal, and the ATLANTIC INSURANCE COMPANY, Incorporated under the laws of the Sfa:e of Texas, with its Home Office In Dallas, Texas, as Surety, are held and firmly bound unto CITY OF _DENTON r__TEXAS_---_-------------°- _ as Obligee, In penal sumof_ ONE THOUSAND IKD__KO%1QQ- _=_1Do11ars(S ggg,Og t, lawful money of the United States, for which payment, well end truty to be made, we bind ourselves, our heirs, executors, administrators, suc• cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has applied to the Obligee for a license to as a plumber NOW, THEREFORE, THE CONDITION OF THIS 03LIGATION IS SUCH, That if the Principal shall Indemnify the Obligee agatnst all loss to it caused by said Principal's 'trtuh of any ordinance, ru't or regulation relating to such license then the above obligation shall be Vold, otherwise to be and remain In full force and effect. PROVIDED, THE LIABILITY OF THE SURETY upon this bond shell be and remain in full force and effect for the full period of 0a license, and renewals theraof, issued to the principal above nameJ, or until ten days after receipt by the Obligee of a written notice signed by such Surety, or its authorized sgenl, stating that the liability of such Surety is thereby terminated and canceled; and provided further, that honing herein shall affact any rights or tiabilitiei which shall have accrued unit- this bond Arlo; to the date of such termination. Signed, seated and dated the- 6TH __day of DECEMBER 19--- & Q C->7-s tGx/ C. F. GLOVER Ill By CGMP AT4,1h By rney 11, Rosa8031 Atto yxm t l71S t9el f o z r a 0 T !021 o O CA c Z Z mc~ r~ POWFli OF ATTORNEY KNOW ALL ADEN BY THESE PRESENTS: s Thai GULF INSURANCE COMPANY9 DALLAS s TEXAS a corporation of the Stale of -MISSOURI , hereinafter called Company, does hereby appoint ROSALYN THOMPSONs DALLAS9 TEXAS its true and lawful Attorney In fact to make, execute, seal and deliver on its behalf, as surety, any and all bonds and under- takingE of Suretyships provided no such bond or undertaking shall be in the penalty of more than ONE EUNDRED THOT;SAND AND N01100 ($1009000.00) DOLLARS, No authority is extended for the execution of Open Penalty Bonds or any bond wherein said Attorney-in-fact appears as a party at interest either as Principal or Obligee. The execution of such bonds or undertakings in pursuance of these presents sha!I be as binding upon the Company as it they had been executed and acknowlecied by the regularly elected officers of the Company. This Power of Attorney is issued pursuant to and by authority of the following resolution of the Board of Directors of the Company, adopted effective December 6,1968, and now in full force and effect: "Resolved that the President or any Yip President or any Secretary may appoint Attorneys In-racl in any State, Territory or Federal District to represent this company and to act on its behalf with' i the scope of the authority granted to them In writing, which aulbority may Include the poorer to sake, execu.a, seal and delver on behalf of this Company as surety, and as its act and deed any and ail bonds and undertakings of suretyship and other documents that the ordinary course of surely business may require, Including authority to appoint agents for the service of process In any jurisdiction, State or federal and authority to attest to the signature of the President or any Vice President or any Secretary and to verify any affidavit or other statement relating to rue foregoing, and to certify to a copy of say tf the bylaws of the Company and to any resoluton% adopted by its Board of Directors; end any such Attorney in-loot may be nmoued and the authority granted hi-7. revoked by the President or any loco President or any Secretary or by the Board of Directors." In witness whereof, the Company has caused this Power of Attorney to be signed and Its corporate seal to be offfxed by its authorized offi 10TH day of JUNE 19~; Attest: R, WYAT S£ ETARYtal~(; i:.ASE9 ASST, VICE PRESIDENT STATE OF TEXAS COUNTY OF DALLAS I ssr Oil this 10TH day of 'JUNE 19 69, before me, a Notary Public of the Stale and County aforesaid, residine therein, duly commissioned and sworn, personally came the above named arficer of the Company, who being by me ilrsl duly sworn according to law, did depose and say that he Is that officer of the Company described In and which executed the foregoing Instrument; I at he Snows the seal of the Company; that the tut affixed to such Instrument Is the corporate seal of the Company; and that the corporate esrl and his signal.,,: as such officer were affixed and subscribeo the sold Instru• ment by the authority and d'.rection or the company. tsEAU .,cG HAZEL M, REEDY otcp Public 6 MY eorrinr on expires the 1ST day of JUNE 1971- C f R I I F I C A 7 E I, the undersigned, do hereby certify that the original Power of Attorney of which the foregoing is a true and correct copy is In full force and effect, and, the foregoing resolution is a true and correct transcript from the records of the Company, and that the above named officer was oc the dale of execution of tha foregoing Power of Attorney authorized to execute this Power of Attorney. or In wlin hereof, I ha ,lereunto subs my name and affixed the corporate seal of the Company this GZ-si day Of 19 to L) R, Wa WYATT9 ETARY farm to Solt r:f 611 ett~~~ .a; Y i~My ro 9 ~ ~ M Y Z No iA to Y C O x 1 r 1 1 " A 1 ~y~ M1~ r h l r I ~ 1 1 1, tt,,,, 1 a r q • V (.lJ'~, ~t'JlJrE4_i' e~;vf i f PROCLAMATION BY THE MAYOR OF THE CITY OF DE14TO142 TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COME: WHEREAS, the City of Denton, Texas is honored by the presence of an outstanding scholar and re- search scientist in the very broad field of Textiles; and WHEREAS, this renown and dedicated scientist is cur- rently on the faculty of Purdue University to which she transferred from Texas Womans University after serving an outstanding term of years, and after gaining entry upon the revered pages of "Who's Who in America", "American Men and Women of Science", "The National Social Directory", and many other publications, including professional journals and trade magazines; and WHEREAS, it is only fitting and proper to recognize such an outstanding and esteemed person, and to encourage her to return to, and again be a part of, our cow.unity. NOW, THEREFORE, be the authority vested in me, I, L. A. Nelson, Mayor of the City of Denton, Texas, do hereby proclaim Tuesday, December 23, 1969, as "ELIZABETH THOMAS DAY" in the City of Denton, Texas, and urge all citizens to join in giving Dr. Thomas due re- cognition for such an uutstanding career, and to recognize the further fact that she is a very wonderful person, deserving of honor far greater than we could ever give. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal of the City of Denton, Texas, to be affixed this 9th day of December A. D. 1969. L. A. NELSON9 MAYOR CITY OF DENTON, TEXAS ATTEST: A~po BROOKS H L , CI Y SEC A'riY CITY OF DENTON, TEXAS APP ED A TO LEGAL FORM: JW Q. 0 j VITT ATTORNEY OF DENTON, TEXAS i f ~ ~3r d~ .I 3 r 3 Ilk Y r Yrl i r 1 i I :~A"3 ~Id Y 1 i r ,a I Y a ar f,,a , v ~A M1~ d 1 ~ f ~Y t „x a d.l tt ,i~ i"f r ,.a "dsil ! 1, Lim r rY Y 1 h v i d- li~'f ud fie..+{; T~ w PROCLAMATION BY THE MAYOR OF THE CITY OF DENTON, TEXAS TO ALL TO WHOM THESE PRESENTS SHALL COM'3: WHEREAS, the United Student Senate of North Texas State University is paying tribute to Dr. John Kamerick, the President of `.heir University, to honor him for, among other things, the work he has done in said position since his arrival in th9 City of Denton; and WHEREAS, whatever President Kamerick does for North Texas State University either directly or indirectly affects or concerns the City of Denton; and WHEREAS, these young and dedicated Student Senato^s of North Texas State University are adding honor and prestige to their University, to its President, and to the City of Denton by giving their time and efforts to the Improve- ment and bette,ment of a University already on the way to grcAtness, and; WHEREAS, it is only fitting and proper to join with said Student Senate tc recognize such an outstanding and esteemed President, and Community Leader, as Dr. John Kamerick, and to further encourage such students to re- main within, and be a part of, this commu- nity, which is the communi';y of us all, at least temporarily. NOW, THEREFORE, by the authority vested in me, I, L. A. Nelson, Mayor of the City of Denton, Texas, do hereby proclaim Wednesday, December 10, 1969 as "JOHN KAMERICK DAY" in the City of Denton, Texas, and urge all citizens, students and non students alike, to join in giving Dr. Kamerick due recogni- tion for such an outstanding ,fob, as afore- said. IN TESTIMONY WHEREOF, I have hereunto set my bAnd ar3 caused the Seal of the City of Denton, Texas, to be affixed this 9th day of December, A. D. 1969. A. NELSON, YOR ATTEST: CITY OF DENTON, TEXAS BROOKS HOLT, CITY SECRETAR CITY OF DENTON TEXAS APPROVED AS TO LEOAI, FORMS AdM_K 8 RT , E TY OF DENTON, TEXAS r R " :}war a . tp t r ~ .1 4 t". k y y t` x ~llee, HOME oz&m y Cmra-ny / December 1969 FRALIIY UNTO] TM%Ul 1507 NCI!'IC STREET DULA5, TEXAS 75201 TELEVI[O\E 211 717-1651 Mayor of the City of Denton, Texas Denton, Texas 76201 Re: Our Bond #NB 57 76 24 Alvis 0. Brown, Principal Plumber's License Bond Effective-January 311 1969 Gentlemen: Our principal has advised us that he is no longer working in Denton and, therefore, that the Bond in caption should not be required beyond ihnuarq 31, 1970. Accordingly, wa would r,ppreciats your assistance in providing us with a letter advising that our liability under the Bond will be terminated effective that date or any earlier date which your records indicate would be applicable. Thank you very Much for your anticipated response in regard to this matter. silo erely, Al wV-~ Steven 4. Wells Bond Representative saw/pal vov~ I 1 I ltJ of Denton e Municipal Building, Denton,Rms 76201 ,a December 5, 7.969 Mr. Steven G. Wells Bond Represantative Fidelity Union Tower 1507 Pacific Street Dallas, Texas 75201 Re: Your Bond No. NR 57 76 24 Alvis O..Brown, Principal ?lumber's Licenso Bond i Effective - January 31, 1969 Dear Mr. Wells: This will acknowledge receipt of your letter of December 4, 1969, cancelling the above captioned bond as of January 31, 19701 , Thank you for informing us of this cancellation date. Yours truly, Brooks Holt City Secretary BH:db -cc: Mr. Olan Gray Building Inspector Municipal Building Denton, Texas it r~ Py v` as°\ ~~uu 7•B•006 ~~UT 7+'rt1~' I BON. DING coo ■an" Itrr AUSTIN ' OKLAHOMA CITY • DES MOINES Bond No. T 23548 License and Permit Bond KNOW ALL MEN BY TIlLSL PRESENTS: That we, -_._....St4.A.rge..-S rsg.e??.2r. D94_Ggor$4!_s. Flumb ng...,...._. of the City of.......-Dentoq..._.__.__ County of..._...._.,............,..Denton...... ._State of Texas, as Principal, and the MERCHANTS MUTUAL BONDING COMPANY, a corporation duly licensed to do business in the State of Texas, as Surely, are held and firmly bound unto the City of.-.3.0iltou-, State of Ttras, in the penal sum of Lbis,.:honsaad.. end, (Nor valid if filled In for more than $12,000) DOLLARS, lawfol money of the United States, to be paid to the said City, for which payment well and truly to be spade, we bind ourscl%es, our heirs, executors, administrators, successors or assigns, jointly and severally, by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That, Whereas, the said Prin- cipal has been licensed as a,._...... Phlmber..__._..-.__.._ ...........................by the City which entitles him to engage J in this business within and for said City. NOW, TIIERI?FORA:, if the said Principal shall faithfully perform the duties of a..ju2ber and in all things comply with the ordinances of the City, appertaining thereto, then this obligation to be void, otherwise to remain in full force and effect until ....9.9.4smb.Ax...1+._.___.. 19M. This bond may be terminated at any time by the Surety upon sending notice in writing, by reg- Istered mail, to the clerk of the municipality with whou, this bond is filed and to the Principal, ad• dressr;d to them at the municipality named herein, and at the expiration of thirty (30) days from the mailing of said notice, this bond shall ipso facto terminate and the Surety shall thereupon be relieved from any liability for any acts or omissions of the Principal subsequent to said date. Dated this -.-2z%d day of . c AL . CasT,toufi RSIG ED of MERCHANTS 111U BONDING CO. ~o~I g~ sa rujoe Ageno~r By Jam' Texas Resident A; t 1f. D. STILES, ice Pre6ldort ir:a-cr-sae r A~ ~ ~ n ~ ~ ~ i n r rJ g a ~ N ~ ~ ~ 'w a c e a z b ~ b a g N ~ A~ ~ ~ ~ 9 ~ n w ~ ~ ~ ~ ~ ~ o fin' ~ a c~, ~ 0 ~ ~ I ~ ( i ~ ~ Ji ~o s-- N~,, I \ / UNITED STATES OF AMERICA e , a GENERAL. SERVICES ADMINISTRATION a' 0 Region 7 a DATE: December 2, 1969 819TapJorStrer! o M+PY Wn 4Q ,y~...,.,b. O C 6 REPLY TO Fort ll'oith, Trxat 76102 ATTN OF, 7FRA - CERTIF IFTi-Rr,rum P,e:CRm REQUESTED SUBJECT: PO & FOB Site, Denton, Texas, Parcel 4, Pro,ect 42-0243 Contract GS-07B-7315 • City of Denton Denton, Texas 76201 Your offer of flovenber 5, 1969) to sell to the Goverment your property identified as Parcel 4 which comprises a portion of the subject site in consideration for a payment of $35s731.95 by the Government, is hereby accepted. Your copy of the Contract to Sell Real Property, which has been signed for the Government, is enclosed. The General Services Administration Regional Counsel will communicate with you concerning the closing of the purchase of your property. ~0T E. JOf ES 9 Chief, Acquisition Branch Space Management Division Ili Enclosure I Keep Freerom in four Future Il'ith U.S. Saringr Bondi ' L Parcel 4 GENERAL SERVICES ADMINISTRATION • PUBLIC BUILDINGS SERVICE NEFENFNC[ CONTRACT TO SELL REAL PROPERTY ~GS-0733-7325 Me undersign , oratnafter called the'Vcndor,e who represents that he (sho) (it) Is the owner of the real property described below, hereby, fnr hirneelt(herseIo (itself), his (her) heirs, executors, administrators (Its), successors and assigns, agrees to convey to the United States of Anerica, in accordance with the terms and eondltionp set forth heretp, the land, together with the buildings and im- provements thereon, unless specifically excepted, and all rights, hcse.fitaments, easements, and appurtenances thereto. The real property which the Vendor agrees to convey to the United States of America is located In: CITY COUNTY Mrt Denton ;n' 011 _ rip nn n as shown by the attached plat and more particularly described as folfrws: See (attached description. i The Vendor covenants and agrees to convey to the United States of America the In3efectibfe fee Ample title to the obovo-der:cribed land subject only to the following outstanding tights in third parties: (II none, so Stott) I I ' The Vendor specifically reserves and excepts the following rights and interests in the above-described propertys (if none, So state) The Vendor, and the spouse, if any, of the Venda, by slgning below, agrees to lots In any decd to the United States, and agrees to hey sold r l propa•ty to the United Slates of America In conefdr:otfon of the mum o! s~,;,t /~a1i else ~ /a olla, Is ) which omc,61 shall be paid at the time the title to the property bocomeo ested in thi United States. The Vendor further agrees that the United States of America shall haveyCQ_ days to Indicate Its acceptance of the contract price and the terms and oxnditlons hcrr3n, by matting or delivering a copy of this contract signed by a duly authorised represemta- five of the United States, to the Vendor at the address Indicated below. NAME Or Vt"001 p~~~ ImED, stALDO AND ott IvEato This /~5th D of November _196 9 Cl 09 MI MI ITREtT ADDRESS. City, AND ITATE JACK Q. 6ARION by _ a or LIN ATTORNEY 'I Ctty of Denton sr Dentort~e ficw_ n~G^n (Spomrt of Ytot dor, If any) - The foregoing offer of the Vendor is hereby accepted for and an Tr l t+!t10 $?ATit o► A4ENICA -r behalf of the United States of Americo this j ffilDecu for DAY OF~S I"11rJ-} c 2,f1?rl _ fort Vor~h iexa- 7ru e • 0102 GSA ,~Ia 1226 TERMS AND CONDITIONS OF CONTRACT y 1. SURVEY WITH PRICE ADJUSTMENT IF LEAS AREA. Tke may elect to accept conveyance based upon an equitxV. description or the property is subject to suet modifications Jwitment of the purchase price, as may be necessary to conform to a survey e! the property ' to be made by and at the expense of the UnLed Slates. In b. ENTIRESIIE TO BE ACQUIRED. H the prcper:ydescribe~ the event that the property to be conveyed hap an area ]ass in this contract is composedof morethan one parcelof land, than indicated by the dimensioas given in tie description the United States shall be under no obligationto acquire any (clear building space, exclusive of sidewalks, etc.), at the parcel until the Attorney General shall have tendered a fav- election of tte United States an equitable reduction shall be orable ophdoton thetltie %call thepareels embraced in the mtde tntheaanouat of lhepurchsse price, The United Stales entiretract. Where N.e United States determines that a por- is not obligated to conclude the purchase of an area lets lion of the property shall be acgsired by condemnation pro- than that des:rlbed. feedings, as provided inparagraph 4, the United Stales shall not be required to conclude the purchase of any parcel until 2. SATISFACTORY TITLE AND TITLE EVIDENCE, the entire tract has been acquired. a. In order for the land to be acquired by voluntary con- 7. ATTEMPTED VARIATIONS. No variation or departure iron, veyance, the title must be satisfactory to the Attorney Gem- the terms of this contract will be binding on the United States oral of the United States, The United Stales will defray the unless pre viously agreed upon in writing by the Adminlstra. expenses incident to the preparation of the deed and obtaining for of General Services or his duly authorized repreaenta- of title evidence. In the event that the title to the property five. should be uosatlefaclory, the Vendor agrees to deliver or cause to be delivered to the United Stales, at the Vendor's 8. OFFICIALS NOT TO BENEFIT. No Member of or Delegate expense, such deeds, zeleases, "affidavits, or other title to Congress, or Resident Commlosloner, afAU be admittea InstrumeAs its the Attorney General may require to cure to any share or part of this contract, or to any benefit that title defects. Should the Vendor fall to cure the title de- may arise thereupon; but this provdtion sbaII not to con- fects within sixty (6t; days (or such extended period in the itrued to extend to the contract if made with a corporation Attorney General may allow)aftcr receipt of written notice for its ttentral benefit. of suc's defects, the United States may elect either to ter- minate this contract by giving written notice of termination 9. COVENANT AGAINST CONTINGENT FEES, The Vendor I. to the Vendor, or it may condemn the property as provided warrants that no person. or selling agency has beta rtn- in paragraph 4 hereof. If the United States shouldgive such played or retalnedto solicit or secure this contract upon an notice of termination, the contract and the obligations in- agreement orunderstanding for a commission, percentage, ' eurtedthtreuader shall be deemed terminated as of the date brokerage, or contingent fee, except bona fide employees of such notice without liability by the United States. or bona fidu established commercial or sellingagencies malntaiued by the Vendor for the purpose of securing bust- b. The title when conveyed to the t'ntted States shall be mess. For breach or violation of this provision, the United clear of all mineral rights ■rd interests, eaeemerds, re- States shall have the right to annul this contract without steictions, and leaees, except those which may be accept- )lability or In Its discretion to deduct from the contract able to the United States. All Judgments, taxes, assess- price the full amount of such commission, percentage, bro- rients, liens or incurnbranees of any sort, existing or fn- kerage, or contingent fee. r-boate, shall be satisfied. However, It ohaI.1 not be ne- cessary to discharge liens and mortgages until such time 10. EXAMINATION OF RECORDS. The vendor agrees that the as the transfer of tide to the Government is made, Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3. DEED, Title to thaproperty shall be conveyed to the United three (1) yearsafter final payment under this contract, have States by a general warranty deed, which shall be satisfac- access to and the right to examine any directly pertinent Lary to the Attorney General, except that instrumtntsof books, doewnents, papers, and records of the Vendor in. conveyance by states, municipal corporations, flduciarles, volving transactions related to this contract, and persons acting solely In a representative capacity need not contain general warranty covenants, if otherwise satis- 11, CLEARING OF SITE, Lithe event the Vendor reserves the factory to the Attorney General. The purchase price recited right to remove buildings or other Improvements from the in the deed shall be the actual consideration paid by the site, this Condition it shall apply, United States. The deed will be prepared by the Utdted f States and recorded at its own expense. The Vendor shell, a. The Vendor agrees, withoutexpense to the United States however, obtain and affix to the deed, at the cost or the and to the satisfaction of the custodian of the mite, to re- Vendor, documentary revenue stamps required by law, move the said buildings or other improvements down to ground level, and also to remove all tracks, poles, and 4. CONDEMNATION PROCEEDINGS, The United States has wires (overheadcr underground), all gss, water, andheatlmg ' the right to acquiretl,e propertyby institution of condemns- pipes, ducts, coodnits, etc., and sewers trolling the site, tion proceedtngs in the approprlate Federal court having or, in lieu of removal thereof, to plug at the lot lines any Jurisdiction. The Vendoragreesto eooperstewdththeUnited suckpipes, ducts, conduits, or sewers. States in the prosecution of such condemnation proeetdinge and expressly consents that this contract to sell real propp- b. Immadiately after title to the land shall have vested in arty can be used as ■ basis for stipulation thereinforthe the limited States )or If removal of reserved buildings or purpose offixing the JuateompensallonOf the property. Thg other Improvements shall have created a dangerous condi. Vendor further agrees that anp and all awards of Just com- tion, then Immediately after such condition is created), the pensation that may be determined by judgment of the court Vendor agrees, without expense to the United States, to tall on behal(ofmay and all persons, torporallone, or sssotla - off or cover, to the satisfaction of the custodian of the alts, dons, otherthantht Vendor, shall bedeductedfrom the pur- all open wells, cellors, or other excavations on the site . thou ?rice, and the Vendor, contents to the entryofsuch judgments, if any, and to accept the remaining balanceas e. Prior to the pa Anent tf the purchase price to the Von- 'I fullsndjustcompensationfor the taking of the property de- der for the )oad, the Vender agrees to furnish a good and scribed, sufiicleLt bond in suchamounl a the United Stat• s may deem appropriate, guaranteeing the performance of ell of the ob- S. DIMINUTION IN VALUE, LOSS OR DAMAGE. The Vendor Dilations of the Vendor relating to Alto clearance setforth agreasnot to do, or to permftothero to do, any act by wblch above. the value of the subject property may be diminished or whereby the title to the properly may be encumbered, the d. If the Vendor fails to comply with any of the obligations Vendor further agteesthatif anyJoe$ or damage to the ?top- set forth In subparagraphs a, b, and a of these Special Pro- . erer, or to any part thereof, should occur from fire or acts vtslons, the United Stales, or Its dulyauthorited represent- of Godoranyothereaueaprior tothevesting ofsatisf&etory alive, mayperformthe work,aell or di sposeof any building a title to the property in the United Stales or delivery of pos- mr other improvements, or any portion thereof, and collect session, whichever occurs first, the toes or damage shall from the Vendor or the obligors on the bond referred to In be borne by fns Vendor, and the United States rnay, without s 1 paragraph 14herain, all costsincurrt tithat are In excess liability, refute to accept conveyance of the property, or of the proceeds of any such sale, f sac s,w It of nna Post Office 6 F.O.B. Site Denton, Texas Project 42243 FIELD NOTES PARCEL NO, 4 Being a part of Block No. 19, of the s0bdivision of a 640 acre survey patented to John R. ,henry, Assignee of the B.B.B, b C.R.R. Ccr;pany 5urvuy, Scrip, No. III, Abstract No, 185, dated October 16, 1857, and rccordod at Austin, Texas in Volurra 2, Patent No. S'53. of the State Abstract of Land Title -Denton County, Texas, and being that tract of land rotalnod by the City of Benton by Deed recorded in Volume 5.43 at Page 145, Dead Records of Denton County, Texas, and being more particuiarly described as folloN3t BEGINNING at a 1i" brass cap mounted on a 5/6" stool rod set in concrete for a corner at tho intersection of the East line of Locust Stroot (70' R.O.W.) with tho New North line of hIcKinney Street (901 R.O.W,); THENCE North W* 45' Eeot with the sald East line of Locust Street a distanco of 101.78 ft. to a point for a corner; THENCE South 890 15' East a distance of 115.20 ft- to s point for a corner; THENCE South 000 45' Wort a distanco of :05,00 f•. `o o point for a corner In the said Nc-n North line of NcKinnoy Street; THENCE Korth 87° 391 W13t with the said new North I(no a distance of 115.24 ft, to the Point of Beginning and containing 11,910,65 square foot of land, and all bearings refer to Magnotic North, Magnotic Doclinatlon 9° East. Trio plat horoon Is a truo, correct, and accurate representation of the property as deterrninod by survey, the linos and dlwonslons of said property being as indicated by the plat. THERE ARE NO ENCROACKWZNTS, CONFLICTS, OR PROTRUSIO,iS. •-f' 1-1 Owner's follxy-fora Prescribed by SIGN Board of Inouronce of Texas-Resised 1966 AZIP&MU NUMBER nw GF-A4076 S'1` E ~rVA Iz Z` '1` IT L E 0510768A GUARANTY COMPANY STEWART Tln1 01JARANTY COMPANY, a torperetion of Golnatan, Texas, heroin called the Company, for valve don hereby guaronhe to the ' party er parties named below, herein styled asst ad, se heirs, derlsii esecutors and admiaLtrafors of the usoured, or A a carporatlaa, fife successors by dissolution, merger or consolidation, that a_ of the dale hereof, the assured has good and indefeasible tiffs ,s,• r.n^•-'-- + described land! veil that Ccr.ain 32 C LJ iY.Q COUCI jD i c j 0.1y i. x st 01' thr. No /59) c.nd Of li yo Vol. Lo ~b. C J~1 J V.lu 1. 1. ..~GG:'lt.: L1. J'._\:VG.. vDV...Vfu .l V: ~.ux H1: G:,:JJ O1 3. O;r ✓C'~ i~L;2'."..:C7o ~G Ci:G;Io by dC@Q of i _ _'CD"Q l':1 VGl. lv`>> :JC'GG CGi'~.5 D: :JJGCounty, lexa$y a.,it J- v'u- G' ' P.C '1 aind '.vifc L.,111C Cr~''_i. z,lo u.~ Cii1'~..... _ ..JO G_, :.U"l:Gi: lj o ~.y~:i'.•o G1' COrd : 7 `iJ" lwGl.:ato 14.•...:Jo c.nG T;.O i)u.~VtV I ~r LVC..~ V'U J l' J.:ul .J li., bC$Yl t1C S O,J. 3- P D. ...''L in a deed 1:U1iV J 1.J..+ G'1'-Y11v.. Cv l+.'. •'VG G.1.C+J "b3 v-. rry•..._. C.. t-.; ;~,;:1 .:L• N:J 70 lc:: t 1i.0 cZ Oi' C0:•1C 'o ::.;a:,.~ J::. .20 Jr'b J 1. CGi^r'1C" 041 r+....:. v-S i t n'i a L' G L J, 1. •.~G, i.' ul) 'rO ~.uc s, tO W..'-it l1111'. Ga SL1'1~ C v:1 LV ll.'G%V VD who r)~..<C.9 of i)O'-',li:nli: `j- + a , , ~ r ~ r 2. Redrk6ye covenants aN,..ettng the land described or feferrtd to abate. 2. Any discnponcies, tanllicts, or shortages In area of boundary limes, at any encroachments, of any ovarlapping of Imp•ovemants. All taxes far the year 19_u- and subtequent Year& ' S. Rights of parties in pessesslon, o 6. Any visible and apparent roadway or easement over or across the subject pr<,perty, the existence of which does not appear of record. ' c , bb~~~T~he Companyh~iholl not he liable in a greater amount than At actual monelary loss o! assured, and in no event shall said company be nAI---- hOUSAND AND N0/100-------------- --($16,000.00) Dollars, and shall, except as heretnaller stated, el Rs own coil defend said enured In every twit or protesting an any claim against of right to ' sold land, of any part thereof, adverse to the title as hereby guaronbed, but the company shell not be required to defend egaint any claims based upon matters in any mmnnu excepted or excluded under this polity by the foregoing exceptions or by the General' Conditions and SYpu• (aliens hereof. The porgy or parties anciled to such defense shall within it reosonoble time after the cemmeKament of such cult or processing + and In ample time lot delarse therein, give the Company wr;ltan notice of she pendency of the suit or procesdiog, and authority, to defend, and the company shall not be liable until such odvase Infefest, claim, or right shell have boon hold valid by a so ,t of last resort to which either litigant may apply, end if such adverse interest, cio;m, or righl se esfabtlshed shelf be for less than the whalo of like land, then Ibe Ila• bility of the Company shall be only such purl of the whole liobllity limped above no shall bear the some ratio to the whale liability that the 1 adverse thereof, claim, Or right ostabkshed may bear to the whole land, such 101;0 la he based an respective values dolarm,mable as of the deft of this policy. fn the absence of notice as aforesotd, the Company Is relieved from all liability with respect to any such Wornl, claim, of , right) provided, however, that failure to notify shall nol pnlodice the r;phis of the assured it such assured shall not be a parry to such action y or procesding nor be served with process therein, nor hate any hnawledgo Ihtreof, net in any case, unless the Company shall be octu,lly pnju , ' diced by such failure, t upon sole of the land this rattly automatically thereupon shall became a warrantor's policy fend the assured, the heirs, deriuso, executors + and administrators, of such assured, or tl a corporation, its luctessors by dhsolutlon, merger ar consolidation, Anil for a period of Iwesy-flue t tsars from dvla hereof remain fully protected according fe the forms horeaf, by reason of the payment of any loss he, they or It army sustain an aaeouhl of any worrony of title contained in the dead executed by mound tonveying sold land. The Company shall be liable under sold war• rang son's by reason of defects, liens or .,cumbrances •xisling prior to or at the date hersof and mat excluded either by Ilia foregoing excep- liens or 5y the Genera) Conditions and Sttputotlons hereof, such Liability net to exceed the amount of this policy. t 1st SIGNED UNDER Sr.s', for the Campony, but this policy is to be valid only when if been sP~ an authorized tai Itrsgnefvn, as of the 1 day of December 4'1969 , the *11o, five dole of this policy, of Denton Texas. + y=1 OS HIrIl1%%F kIIor TIel'Ll': t~ ~,!•ii;.R so c u e e. co o vex es 1 posh" ABSTRACT COMPANY, ! ft ~'~~t!~L1 A Ng ar y~ ~ e r Chairman dAr uM r a n p»ddent pxr 0 6$ A_ "a 6& T•1 owner's Potty-Form ►,atribed by Spain Ward of (niurana of Texas-Revlad 1966 v e NUMBER nw 1,T T,~ GF-A4076 Sr T,~A81"A R~1 1~ TJ T I~L lei J ~i rva1 A9AOa n TT t n s u 'r V 0 n M P A N Y •i NAME OF THE ASSURED: ' City of Denton, Texas r 3 i This policy it subject to t. GENERAL CONDi1lOkS AND STIPULATIONS an the bad hereof and to the following maam wfiich are ucep- R , t lions from the coverage of this pulley, ' J 1. The folfuwinp lien(s) and all leant, previsions and conditions of the inrlrument(r) treating or evidencing said lien(r)i , NONE t , 7. Respdcfive rovenartts orfeciing the land described or referred to above. ' g. Any discrepandes, conflicts, or shortages in area or boundary lines, our any encroachments, or any overlapping of impro.emenfs d, All taxer for the year 192-.0_ and subuquenl years ' S. bights of parties in peotesrlon. u. Any visible and apparent roadway or easement over or across the subject property, the existence of which does not appear of record. , The Company shall not be liable in a greater amount than the actual monetary lost of assured, and In no event shall said company be 18IXTEE2 }THOUSAND AND N0/100------------------------------ ($16,000.00) Dollars, and shall, except as hereinarlof Noted, at [is awn cost defend said assotd In every suit or proceeding on any claim against or right to mid (and, at any part Ihtnof, od,ert, to the title as herby quaranleed, but the company that not be rtqutred to defend against any claims based upon motion In any manner ncepied or excluded under this policy by the foregoing oxcepitomi at by the Careful Conditions and SGpu• ' latlons hereof. The party ai ponttx anl:rled to such defense shot) within a reasanobie fime oflo the commencement of such suit of proceeding , ' s.nd In ample time far defense therein, give the Company written notice of the +ndency of the roil or proceeding, and autho ty to defend, and the company shalt net be liable until such adverse Inhered, claim, of right shall have been held valid by a court of last snort to chid , either ritlganI r of apply, and if such adverse Interest, etatm, or right sou nlablished shall be for lass than the whole of the land, then the Iia. ' bllity of the Company shall be only roch part of the whole rAllify limMad above as shall bear the soma ratio to the whole liability that Ike t , adverse Intorust, claim, of tight rdoblhhed may beer to the whole land, such ratio to be bared on respective values dolerininable as of the , data of this polky. in the ahsence of notion as olore004d, the Company Is relieved from all liabilily with (aspect to any such intent, dell, or righlr provided, however, that failure to n,,f.ry shall not prxjudito the rights of the aotured N n,eh assured shall not be a party to such action of proceeding Par be carved with pfoceot Ih►reln, nor have any inowl.dge I"nal, nor in any ease, unfas the Compaq shell be actually Praia. r diced by such failure. t i p Upon 0014 OF the Iand this polcy aufomatically hereupon shall become a warrantor's polity and the mound, the hetn, dovlsen, e..oculafs and adminbtrafma, of such assured, or if a torparatton, lis sucte.mn by dls00tuf1on, molter of consolidation, shall fop a period of Iw►nty-lave o years from dale hareol nmarn fully protected accardinq to the v,r.o hurol, by season of the payment el any loot he, they at it may rustdn an occount of any warranty of tike contalned in the deed tKocOv: h.y asturod conveying sold land. The Company shall be liable under mid ware a tang only by reason of defetts, liens of entumbram:es ad>.np Priam to or of fM date hereof and net excluded either by Ike foregoino $step- gone of by Iha Deaaral Conditions and Spipulatiun. huear, such liability not to exceed the amount of thrs policy, , 11~ t U'q SIGNED UNDER SEA for the Company, but this policy Is to be valid only when It bears I'll IPA nP outhorlsod tountonlo,ielurs, m of the 1 cloy of December 1969 , the effective dais of this pocky, of Dentr'u . texas r M 19Ui Sri' H%%IAlirr or 111,10111 ' 'R r;.ur: fr osuusscnee.ae pJ,AGON ABSTRACT COMPANY, . ~e~reENpr r i -a y I By l V'Liira ?t!.." ~-D ►nhdenf Chedrmae titer ed uat r a to ~t y~ 9.36$ A__ w4L' wwww ///f/ bi~fr~lL ~~J I 4ENERAL CONr'#i AND STIPULATIONS 1. Definition of Terms The following forme wLon used in this policy means (a) "tend"s the land daaibed, spectfually or by reference. and Improvements affixed thereto which by law constitute real property) (I-) "publk reeordi those records witch Import eonvrvatiw notice of matte" relating to said lands (c) 'knowledge's actual la ownedgs, rot constractfw knowledge or nufke whkh Psi be Imputed to the Assured by reason of any public see order and (d) "date's the effective dole, Including hour if specified. 2. Exclusions from the Coverage of this Policy This policy does not fri agolnd loss or damage by reason of the followings (a) The refusal of any person to purchase, [ease or lend money on the land. (b) Governmental rights of police power or entrant domain unless notice of the exercise of such rights amore in the public records at the date hereof, and the consequunees of any tow, ordinance or governmental reguletlon including but not limited to building end inning ordinances, (c) Any lilies of rights asserted by anyone, Including but not limited to persons, eorpora0ons, governments or other entities to tidelands, or land, comprising the shores or beds of navigable or perennial rivers and streams, lakes, boys, gulfs or oceans, or to any land extending from the line of mein low tide to the his of vegetation, or to lands beyond the lire of the harbor or bulkhead lines as established or ehunged by any pow ernment, or to filled In lands or artificial irlonds or to riparian rights, or the rights or Ireeresb of the Stare of Texas or the public generollyY in the urea extending from ilia lino of moan low ride to the line of vegetation or rhe~r righl of access thereto or right of eusomenl along and across 11v same. (d) Defects, liens, encumbrances, adverse claims agalnd the lide at insured or other matters (1) created, euffured, assumed or agreed to by tha Assured at the dote of this policy, or (g) known to the Assured at the data of Ats policy unless diulowre thereof it, writing by the Assured i hove been made to the Company prior to the dab of this poticys or loss or damage which would not have been sustained if the Assured were a purchaser far value without knowledget or the homestead or community property or survivorship right', if any, of any spouse of any Assured. 3. Defense of Actions (a) in all cc es where this policy provides for the defense of tiny action at proceedings, the Assured shall secu,e to the Company the right to so provide defense In such action or proceedings, and all appeals Ihe"rn, and permit Is to use, at its opts", the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid In any such action or proceeding, In affecting pair manly securing evidence, obamirg witnesses, or defending such action or roaeding IS) The Compomy shot? have the right to select counsel of Its own choke whenever h Is roqulrsd to defend any suit or proceeding and such counsel shall have .ell control of sold defense. (c) Any action taken by the Company for the defense of the Assured or to edublLh the title at Insured, or both, shall not be construed os an admission of Imblfiry and she Company shall not thereby be hold to oonceda liability or waive any provision of this policy. Payment of Lou (a) No claim shall Crime or be matnlatnable under this !talky, for liability voluntarily assumed by the Assured in willing any dalm at suit with Not written consent of the Camppaain (b) All payments under IN pulley, except paymanls made for cods, 011 tae and expenses, shall reduce Ilia amount of the Iro(trana Pro tonta, and the amount of this policy shall be reduced by any amount the Company may pay under any pofky Inourtng the validity or priority of any Ilan excepted to "retn or any Instrument hereafter execute by the Assured which to a charge or lion an the land and the amount so paid "It be deemed a payment to the Assured under this polky. (c) The Company shat? have the option to pay or settle or compromise for or In the name of the Assured any slasm Insured agalnd by this policy and wch payment or tender of payment, together with all costs, ottorneys~ foes and expenns which the Company b oblti,ated hereunder to Pay, shall termtnate fill liability of the Company hereunder as to ouch claim. further, the payment or lender of payment of the M amount of this policy by ilia Company shall tsrminale ell Volalll;y of the Company under this policy. (d) Wherever the Company shell have settled a claim under this policy, all right of subrogation shall vast in the Company unoffectc- by ary ad oft the Assured and It shall be subrogated to and be entitled to all rights and remedies of the Assured Cpaired any person or property In rupad to such claim, The Assured, if requested byy the Company, shall transfer to the Company all rights and remedies against any person M property nee essary In order to perfect such right of su brogation, and shag permit the Company to sew the some of the Aaured to any transaction or liligatbn !r.sClAng such rights at remedles. fl. Pointy Entire Contract nw acNen at stations or rights of odbn that the Assured may haw err shay bring agetna the Cemparryy aWng rut of the efafw of IM I* b► suted hwvrndar must be bow Oft the provisions of No Policy, and all station nqutrd to be given fit Composts' and any fatemsaf in bTlti,g re. quired to b, fumtshed rise Campory stwll be addressed so It Of P. 06 tsar 4029, ffoudarr, Texas 77001. d. tbb policy Is rat tranderable, A 96b-WARRANTY DEED-With Sizale, Joint and Wiles Seperete Ack m•ded,mente MARTIN Stationer Ca., Dalian THE STATE OF TEAS, 06W Kflow All Men By These Presents 81 County of ~ENTON That G. W. FRANK AND WIFE, MAUDIE MAY FRANK of the County of Denton , State of Texas for and U consideration of the sum of --------Ten and no/100 ($10.00) DOLLARS, and other good and valuable consideration rn us in hand paid by the City of Denton, Texas, cash the receipt of which is hereby full; acknowledged I ~ have Granted, Sold and Conveyed, and by these presents d , Grant, Sell and Convey unto the said City of Denton, Texas of the County of Denton , State of Texas all that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, out of the Wm. Loving Survey, Abstract No. (59, and being a part of a 6 acne tract conveyed by Wm. C. Baines and wife to J.A. Dunham, by deed dated July 23) 1872, of record in Vol. L, page 387• of the Deed Records of Denton County, Texaa, and also a part of a 1 acre tract conveyed by Joe A. Dunham, to F.M.McCoy, by deed of record in Vol. H, page 102, Deed Recvrda of Denton County, Texas, aipd!3 also part of the Ffiurth Tract in a deed from R. Griffith and wife, Lillie Griffith, to Cletus E. Knight, dated August 1'(, 1944s of record in Vol. 308, page: 183, Deed Records of Denton County, Texas, and more particularly described as follows, to-wit: BEGINNING at the Southeast corner of said 6 acre tract, same being the Southeast corner of said Fourth Tract described in a deed from R. Griffith et ux to Cletus E. Knight above mentioned; THENCE West with the North line of Mill Street 70 feet to a stake for. corner, same being the Southwest copper of this tract$, THENCE North 120 feet to a stake for the Northwest corner of this tract; THENCE East 70 feet to a stake in the West line of a strip reserved for a street; THENCE South 1?_0 feet to the place of beginning. i; I~ TO HAVE AND TO BOLD the above described premises, togett:cr with all and singular, the rights and appurtenances thereto in anywise belonging unto the acid City of Denton, Texas, its successors 41wand assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend all and singular the said precis" unto the said City of Denton, Texas, its successors heWl and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witne-M ourhand s at Denton , Texas this let day of December , A.D. 19 69 Witnesses at Request of Ordntor: Y, !1i f* _ . . p.. ,W., FRANK ...........................................................,..................................4n.. , 1 • THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF... In and for said County, Taas, on this day personally spreared....... . _ known to me to be the person whose name.. .........................subscribed to the foregoing Instrument, and acknowledged to me that be executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This diy of A.U. I7..__._.... . Notary ~f Co Public, . Commission . ....£..x.. . ..ires... .une....~,.,...~.•..........................County, Texas II THE STATE OF TEXAS, BEFORE ME, the undersigned authority, l COUNTY OF ! lu and for said County, f'ext,, on this day pasonatty appeared. . wife of knoa^r to me to be abe p?:soo whose cane is subscribed to the foregoing instrument, and having been examined by we prittily and apart from . . . he laid..._............. part from bet husband, and hasir:g the came fully ex lsioed to her, she, t acknowledged rash h:ntrumenl to be her act and decd, and . . . . I' she declared tbrt th¢ had willingly signed the same for the purposes and consideration th,rein expressed, and that she did not wish to retract It. GIVEN UNDER MY HAND AND SEAT, OF OFFICE, This . . day el AD. 10..... Notary ..County, Tt Ai 1C.......... \fyComro lion Expires June THE STATE OF TEXAS, `y ( COUNTY oF............ DE9ON,....._ BEFORE ME, the undersigned authority, fff Its and for sald County, Texas, on this day personally appeared......,_ a W FR..1JK his wife, Vboth :"a;vn to me to be the persons whose tames are subInd. bed to Ce foyer MAY . ,FRANK,,,,,,,,,,,,,,,,,, xrito L,e foteruing imtrunjeot and acknowledged to me that theI each AUDIE tnecuted MAYthe fume for FRANK............... the Purpu......ses and considwireeraortithon the mid therda .......0.'.... expressed W..:.... FRANK . _ aa,i the _ _ . ~ . ...............having been examined by me ptivily and apart from her husband, and bring the same fat'/ explained to her, she, the laid... PI i. MAY...FRANK acknowledged such instrument to br. her act and deed, and a~ad dah.(hh fe had willingly signed the same for the purposes and considerafion therein expressed, and that she did not wish a~kjrµt IL & J ` ~ 1VF`I DEW`,IY HAND AND SEAL OF OFFICE, This ...-IS1;...... ..day qt.. ....DECEMBER A.D. i9_69- ~a ` Notes PubLc ENTCN ,,,,Count Texas My Commission Expires June....... 1» 197.1 THE STATE OF TEXAS, + . COUNTY OF_.. tees.............. County Clerk of the County Court of uld Count/, do hereby certify that the foregoing instrument of writing dated co _ ..W.....,_....day of._......... A.D. it......._, with Its Certificate of Authentication, was fired for record In my o±ke on the .............__day oL....... ........w A.D. I9..... at...... ,o'dock.,............. -M., and was duly recorded this........... day of.,..... .,w... A.D. 10..._._..., u....__....... o'clock _......M., In the Records of laid County, in Vit. s nme _ . ..w~.., on Pagn_ WITNESS my land and seal of th, County Court of said County, at office In....... .....»......w....,.~. the day and year last above written. Clark County Court lL. S.l By_......... _ Deputy. i t i `t w ? •t .i`al Ala; If( f ' r+ f~13H1! ~ 01 x~F d Iid ~3G 69 I O F t fl ! ~~~J ! 7G (1 k 44 k o i ' 1, II Iii bf t CO C'od~t Ir, on1 0r r•« Counly J ,.,..ir 7.Y% ,iii r J:11 a5 I .1 f ;r t. eu1 duly rr. - I c ~ I s ~~3 ~ 4 _ 4f, to , votun, --of the YAW ss my bond and wal of office at Denton, Ims, t : ir t ,t ove written. u>_. - 'W eputy Clelk ul Ike Cc~ l,~ (,,wi, Centon Co:, Texas OK STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT made, entered into and executed this theday of DeC e+*, ~E e- , 19690 by and between the City of Denton, Texas, acting herein, by and through its / %'~ym~ duly authorized to so act on LL)ce.a e 91 , 1969, hereinafter called the "City", and Forrest and Cotton, Inc., a Texas Corporation, hereinafter called "Engineer". WITN:SSETH; I. That the owner desired Professional Engineering Services in connection with: The design, preparation of construction plans and specifications, and construction administration for Henry Street (proposed) from Beaumont Street to Locust Street and Improvements to Parkway Street from Carroll Street to the vicinity of Locust Street. That Forrest and Cotton, Inc., is acceptable to the City and is will- ing to enter into a contract with City to perform such services: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: II. The City hereby retains Engineer for all engineering work described under Article I above. The work to be performed by Engineer shall be divided into three phases. as follows. Phase 1 - Completion of Preliminary Design; Phase 2 - Ph nation of Detailed Plans and Specifications; Phase 3 - General Administration of Construction. Phase 1 - Completion of preliminary design, utilizing work performed by City, shall include: (a) Participation in preliminary conferences with the City regarding proposed project; (b) Preparation and review of preliminary engineering studies directly related to and part of design work being constructed; I -1- (c) Preparation and review of prelimin*y layouts, sketches and reports, and including recommendations; (d) Preparation and review of preliminary cost estimates of proposed cons truction; (e) Participation in conferences with fiscal advisors, and others where necessary, in relation to t:he project. Phase 2 - Preparation of detailed plans and specifications shall include: (a) Check survey information performed by the City; (b) Design and layout of improvements which ar_ to be constructed; (c) Utilize. subsurface exploration data pr:,viously prepared and interpret the results of such investigations; (d) Preparation of the detailed plans, specifications and contract documents necessary for construction, and the furnishing to City of fifteen (15) copies thereof; assisting in procuring required approvals of State and/or other Agencies. (e) Furnishing an estimate of the cost of constructing the project based on the completed drawings and specifications. Phase 3 - General administration of construction shall include: (a) Assistance to the C`,ty in securing bids; (b) Assistance in the tabulation and analysis of bids and furnish- ing recommendations or. the award of construction contracts; (c) Assistance in the engineering phases of the preparation of formal contract documents for the award of contracts. (d) Acting as the City's representative during construction. The Engineer will make periodic visits to the site (as distinguished from the services of a resident Project Representative) to familiarize himself generally with the progress and quality of the work, end to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, the Engineer will endeavor to protect the City against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their contracts, nor is he responsible for the actual supervision of construction operations; -2- (e) Consultation and advice with the City during construction; (f) Reviewing stop and working drawings furnished by contractors for compliance with desicn concept and with information given in Contract Documents (Contractor is responsible for Jirrer,sions to be confirmed and currelated at job site); (g) Review of laboratory, shop, and mill tests of material and equipment; (h) Review n€ mon~hly and final estimates prepared by the City for para~nts to contractors; (i) Perforv)ng, in company with the City's representativ?s, a final inspection of the project; III. For the work described under Article II, the total compensation to the Fngineer shall be four ,,d one-fourth percent (4.25%) of the cost of con- struction For wh;ch the preparation of plans and specifications is authorized. Upon cow,)letion of the preparation of detailed plans and specifications Engineers shall be paid an amcunt equal to ninety percent (90%) of the total charge. During the progress of construction Engineer shall be paid the balance, or ten percent (10%), of the total charge. Payment shall be made in pro- portion to the contractor's earnings, and shall be adjusted as necessary during the life of the contract so that the total amount paid to Engineer shall be equal to, but not exceed the percentage stipulated, except as Provided in Section IV of this agreement. IV. The charges provided for herein shall not include property, boundary, and right-of-way surveys; shop, mill, field or laboratory inspection of materials; cost of test borings and other subsurface explorations; copies of plans and spec.ificatiuns in excess of fifteen (15) or calculations of special assessments. If, during preparation of the plans and specifications, or thereafter, the Engineer shall be required to render additional services because of changes, or delays, or other causes beyond his control, then the Engineer -3- shall be compensated for such additional services on the basis of actual salary cost of suzh additional services times a multiplier of 2.25. V. It is understood and agreed that City shall have complete cont W,4l of the services to be rendered, and that no work shall be done under this contract until the Engineer is instructed in writing to proceed r:itn the work. VI. Any provision in the contract notwithstanding, it is specifically understood a,1d agreed that the Engineer shall not authorize or undertake any work pursuant to this contract, which work would require the payment of any fee, expense or reimbursement in addition to the fee stipulated in Article III, above, without having first had and obtained specific written authority therefor from the City. VII. This contract shall not be assignable in whole or in part without the consent of the City. VIII. All payments ;or services rendered by the Engineer that have not been paid within ninety (90) days after becoming due shall thereafter accrue interest at the rate of six percent (6%) per annum. I%. In con>>ection with all the work outlined or contemplated above, it is agreed that the City or the Engineer may cancel or terminate this con- tract u,3on thirty (30) days written notice to the other, with the provision a,id i;nderstanding that immediately upon receipt of notice of such cancel- 1 tion from either party to the other, all work and labor being performed under this contract shall inrnediately cease, pending final cancellation at the end of such thirty-day period, and further provided that the Engineer shall be compensated in accordance with the terms of this agreement for all work accomplished by them prior to the receipt of notice of such termination. -4- X. IN WITNESS HEREOF, the City of Denton, Texas, a municipal corporation, has caused these presents to be executed by its I%Ajar and attested by its City Secretary and witness the execution hereof by v st and Cotton, Inc., Consulting Engineers, through Joe C. Bridgefarmer, P) Gent. CITY OF DENTON, TEXAS i By 14 1 ATTEST: 1 A NcIl~h~ /ywy~r City Secretary FORREST AND COTTON, INC. Consulting Engineers APPROVED AS TO FORM: ) By cvr~cK/ Joe C. Bri rmer President ty ttorney -5- z u, a ~I INE erg) (J, T)zl,~A U 1310 SCRIPTURE 382 5411 FLOW HOSPITAL DE TEXAS AUMbAW 4l AA~_ 362 5437 December 8, 1969 Mr. Jim White et al City Manager Municipal Building Denton, Texas Gentlemen: Some time ago you were furnished a copy of our budget forecast for this year. This forecast reflected a $264,371 deficit. At such time it was indicateu that assistance would be available from the City to overcome this deficit. Every effort on our part is being made to overcome the pending deficit and yet improve our hospital to render the best care possible for the benefit of the community. Some changes are temporarily being postponed and with our cutting corners we feel $75, 000 will be needed to complete the fiscal year without impairing our progress or quality of patient care. The following is a breakdown In regard to these needs. OPERATING DEFICIT: $35,000 - To reduce current large overdue accounts payebles EQUIPMENT: The immediate purchase of the following equipment Is impera- tive if we are to render adequate patient care. $ 5, 350 - Dictating Equipment for Medical Records 4,500 - Operating Room Tables 3,085.75 - K-Thermta Unit 5,904 - Portable X-Ray for Operating Room and floor use 2,970 - Six IBM Selectric Typewriters Mr. Jim White Page 2 December 8, 1969 $ 8,125 - Incinerator needed immediately to overcome present `.ealth hazard caused by same being hauled to City Dump. This will also reduce work load of garbage department considerably. 5,180 - To rework and make operating room floors properly conductive to avoid explosion by anesthetics, 5,000 - To replace window air conditioners and make window repairs in old section of hospital. 2,809 - Automatic floor cleaning and sterilizing machine. In spite of the struggle that Flow Hospital has had with its building program and coping with rising costs, considerable progress has been made and will continue to be made. Your assistance In helping us to overcome our current financial crisis is the support needed to help Flow Hospital become a first class Institution. It is rewarding to me personally to know toat we have your support and I certainly pledge myself and my staff to fulfill the hospital needs of this com- munity In the most efficient manner possible. Vcry truly yours, ian E, Wells dministrator JEW:)b PRIORITY EgUIM - ;T LIST 1969.70 One Examing Table 350.00 One Bed for Doctor's Call Room 100.00 One Patient Scale for Post Partum Ward 800.00 Two Oto-Opthalm3scope @ 45.00 90,00 Blood Warming Apparatus 325,00 Two Ventilators for enesthesie machines 0 210.00 420.00 One Bovie CSV 600,00 Defilbrillator Pacemaker 1,1('0.00 Three Operating Tables 9 4,500.00 13,500.00 Provide explosion containing receptacles on Boyles and Cardioscope 600,00 Fracture Table 1)600.00 One 500 Milliamp X-Ray ,Macbine 3,000.00 Ultrasonic Instrument Cleaning Machine and Additional Table Tops 475.00 Replacement of Conductive flooring except for 3 & 5-5 180.00 Wet Dark Room 250.00 500 Milliamp X-Ray Machine .3,000.00 Replacement of Fluoroscope 20000.00 One 90 second film processes 100000.00 Phillips Followers 10-24-F, Two sets @ 6.00 12.00 Lefort Followers 18-24-F, Two sets 6 6.00` 12.00 Renal Pedicle Clamps 15.00 Bladder Retractor 25.00 McCrea Sounds 8-18F 5.00 Pucctate Electrodes, three ® 7.50 22.50 Roller Electrodes, three.! 7.50 22.50 Mouicer Electrodes, three 8 7. 22.,0 Scoop for Resectoscope, two ®40.00 80.0% Fulgur Electrodee, two @ 7050 15.03 Loops for miniature, two @ 8.00 16.00 Flexstem Cysto Scissors 40.00 Boomerang Needle 15600 E1act-ic Typewriter 520.00 11 S+eao Chairs @ 35.00 595.00 Medication carts,'five @ 184.80 924.00 Commode Chairs, six @ 29.50 177.00 OYW Bed Traction, six @ 74.95 449.70 Posey Cradle, six 9 9.90 59.40 A/M File Rack 50.00 A/M Imprinter -175-00 Ik-h'hermia unit 3,089.75 ' Portable Hydro-Aid Electric Terbin effector & Aerator . 225.00 -Calculator 450.00 Flourecent Lighting for Morgue 125.00 ~ Electric Zypeuriter .400.00 Cooling System far Beckman Unit 650.00 ~J Water Bath for sugars 50.00 Sink & D-320 for Chemistry 200.00 I Priority Equipment List Page 2 Acid Base Study Machine 4,000.00 Beckman Recorder 900.00 Microscopes, tiro @ 800.00 1,6oo.o0 A/M Imprinter 175.00 Consulting Viewer for Stereo films 500.00 36" Grid Cassette 10500.00 Upright Bucky Chair 200.00 Lead Aprons & Gloves 250.00 Dimmer Switch for Overhead Lights, four @ 10.00 4o.oo Additional Air Conditioner Ducy"Work 1,620.00 Multiplyer 400.00 Optical Scaner 29,860.00 Electric Typewriters @ 485-CO 1,940.00 100 lb. Dryer 1,200.00 109 lb. Washer 100000.00 A/M Rack 75.00 A/M Imprinter 175.00 Electric Typewriter 500.00 Desks, five @ 125.00 625.00 Open File Cabinet 385.00 LanierD elating Line 1,610.00 Exit Locks, eight q 38.56 308.00 Hand Tools, Misc. 200.00 Spir, Drive Drain Chain 76.45 8,125 J s J G E fi- .00 Ova Auto10"-dve 'Floor Machine 2,800600 :wo 20" Buffers 1,020.00 Vinyl Wall Covering, Old Wing 14,737.50 Wet Vac- Units, two @ 150.00 300.00 Linen Carriers, twelve 0 8.50 100.00 20 Gallon Plastic cansw/ pocking lids 47.00 84.00 Nursery Lighting System 12420.00 138,078.36 _ I m e i~',(~!I {l1Y .I `~~!r0r1'::.illll ilc`\iba ?tic Simi V. V. linX cln,i t77 L'7 .VF,1.T;\' 1'.\ititle.\1' IIC)17' 77091 J.1 C'R!.0x 0-b3t'O CFATIFICATF OF 1N 5U RAN CF. "TO SdIiO_:_d 14' "SAY f.Q'+CF.}tt+"_ Date _7lcccn;brr_12,_1468______ Certlflcul.• Holder This Is to certify Chet the pnli cies of rn;urancc as dc,crlbccl Lelo.v have been Issued 1;,V_11 . ylr i ,v:?'_T I cn, CC11 .1 .1-1 IL`w rAT,c L CQPlpan to the Insuied for whom tlih cortif icate is eaeculod And are In force as of the date shown above end until expiration data sliown below. In the event of once l l at; on or any material cha nee In the policy at i er t; rig the Certif.wt, hl al der. SO days prinr wri ticn notice wilt bo mailed to the Certif is ate Holder at the addrvss shown abuvv. TYPE OF INSURANCE POLICY EXPIRATION - LIMITS OF LTADILITY NUMBER DATE Workmens Comp nsation 4IC1 7015477 11/30/69 STATUTORY end rMpTayer's Flability _ And cnewuls thereof Fmployeri Licbilily-Coverage 5 F?C1 7P~5477 11130/69 $ Each Arcident - - An _ enewatt Tfiereol -100-,000---- _ (5e 21y Inl:ryj------- $10.0,000-_ . - Each Person-- Camprehentiva 31-816756 11130/69 Ea_'i Occurhence Wnero! (property Domage) Eoch Or<m:eCC:I Llabilily 3100$000__ And Renewals lhertcf - $10O1000Aggregate (Bodily Injury) Comprehentlva $J.0011000 tech Person Aulomobila 31-816672 11/30/69 $3007000--- bs-h o~c r,ence Eia61(ily MO (Property Damage) (An Owncd, Hon-Owned III Hired) And Renewals Ther"10 MO 00O Farfi Occurrence 1 T',YAN CONSTRUCT - - _C0 „ - INC-r__~2)P, It INEERING CORPORATION-- Insured--- 1_ - Address Roate-1,-Blanket ,.Texas ltxotion of aperotions___State -of-Texas--__-------- Description of operolions All. Operations MARYLAND AMERICAN OI;NFRAL INSURANCE COMPANY 3t/ (I°SUIaM! Compnn-0 vlhutee nlulivo JLW 15{ ftev 1167 '