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HomeMy WebLinkAbout03-1971 (n a RC..K ~I EASEMENT 5737 THE STATE OF TEXAS # COWTY OF DENTOY I KNOW ALL MEN BY THESE PRESENTS: THAT Donald M. Jones and wife, Lila R. Jones 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 these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and unin- terrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by then, and being more particularly described as follows: 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 Wm. Bryan Survey, Abstract No. 148, and being a part of a tract of land conveyed by Richard C. Petr-e and wife, Virginia Flynn Petrie to Donald M. Jones and wife. Ula R. Jones by Deed dated March 5, 1969, and recorded ir, Volume 581, Page 159 of the Deed Records of Denton County, Texas, and being more parti- cularly described as follows: BEGINNING at the northeast corner of said Jones Tract, said point cf beginning being 415.60 feet north of the north right of way line of Lariat Road west _nd 571.90 feet east of the east righ;: of way line of Lariat ,toad north and also being that P. C. of a curve to the right, said curve to the right having curve data of j f=110 161, T=86.281, R=874.711, L=172.091; THENCE southerly with said curve to the right, along the east boundary line of said Jones Tract, a distance of 172.09 feet to a point; THENCE south 27° 00' 30" west, along the east boundary line of said Jones Tract, a distance of 58.0 feet to a point for a corner, same being the southeast corner of said Jones Tract; THENCE south 89° 09' west, along the south boundary line of said Jones Tract, a distance of 56.55 feet to a point for a corner; THENCE north 27° 00' 30";east, 50.0 feet west of and parallel with the east boundary line of said Jonas Tract, a distance of 83.60 feet to the P.C. of a curve to the left, said curve to the left having curve data ofd =10° 171, T=74.21', R=824.7', L=148.03'; THENCE northerly with said curve to the left, 50.0 toot west of and parallel with the east boundary line of said Jones Tract, a distance of 148.03 feet to a point for a corner in the north boundary line of said Jones Tract; THENCE, north 89° 09' east, along the north boundary line of said Jones Tract, a distance of 52.07 feet to the place of beginning and containing 10,543.00 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 ob- structions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public drainage and utilities in, along up- on 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, with the right and privilege at all times of the grantee herein, his or its agents, employees, workman and representatives having ingress, egress, and regress in, alcag upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public drainage and utilities, or any part thereof. TO HAVE AND TG HOLD unto the said City of Denton, Texas, as aforesaid for the purposes aforesaid the premises above described. .pf WITNESS our hand this the ~ day of A. D. 1971. QT DONALD M. JONES let", LILA R. JONE THE STATE OF TEXAS i COUNTY OF DENTON I BEFORE ME, tt: undersigned authority in and for said County, Texas, on this day personally appeared DONALD M. JONES AND WIFE, LILA R. JONES known to me to be the persons whose names are sub- soi46edthertoregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein C- A MY HAND AND SEAL OF OFFICE, this the :r day of r A. 1971. s N AR UBLIC IN AND FOR DENTO COUNTY, TEXAS L~ z 7Y 00S737 . ; s tv rC ~ ~ Ila : P CO.CLCIR. hn t y }C r7 BY._ / . '_E~E?. C A "MI3 10 WOO toxal . o,r co:•..,, t~s f V M _ itci < i{t al!t Sex- ,.L 1C 02-6 10 _ --^-waaot a a ;o......__. _ _ _ act j! _ _ c 3rxu~ ~,~~p~1e r~ 6I 0' _lo.' 4v Cu Wl P+ooa~ Xy Fal+i sc L. r!a ;u:,;tne lo'- atert.t~a~ sN 4tµ 8u t!u+;o n.°,suw ou d7pf wit lafl A~A4 k~~ uotuap M f4 noa ltuno~ t>:r, PJt tut, ut Nno~ Alvioa Mtl tp xi,43 '83M'd WPHI Of tea! O 0 to gifts $41 Oao3?4 !0 31Y='iitla3~ ~ i I - dT s: . • I a EASEMEIT 5'73G THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON and wife, Genevieve E. Douglas THAT Edward 0. Douglas /of Denton County, Texas, 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 preZents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted +ise, 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 oi' land lying and being situated in the City and County of Denton, State of Texas, being a part of the Wm. Bryan Survey, Abstract No. 148, and being a part of a tract of land conveyed by Charles E. McSpadden and wife, Mary Heard McSpadden to Edward 0. Douglas and wife, Genevieve E. Douglas by Deed dated March 1, 1971, and recorded in Volume 617, Page 43 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the northeast corner of said Doublas Tract, said point of beginning being 657.60 feet north of the north right of way line of Lariat Road West and 606.30 feet east of the east right of way line of Lariat Road, north; THENCE south 0° 00' 30" west, along the east boundary line of said Douglas Tract, a distance of 5.1 feet to the P.C. of a curve to the right, said curve to the right having curve data ofQ =150 44r., T=120.86', R=874.71, L=240.11; THENCE southerly with said curve to the right, along the east bound- ary line of said Douglas Tract, a distance of 240.1 feet to a point for a corner, same being the southeast corner of said Douglas Tract; THENCE south 89° 09' west, along the south boundary line of said Douglas Tract, a distance of 52.07 feet to a point for a corner, same being the P. C. of a curve to the left, said curve to the left having curve data ofd =160 43, T=121.171, R=824.711, L=240.651; THENCE northerly, with said curve to the left, 50.0 feet west of and parallel with the east boundary line of said Douglas Tract, a distance of 240.65 feet to a point; THENCE north-00 000 30" east; 50.0 feet west of and parallel with the east boundary line of said Douglas Tract, a distance of 5.1 feet to a point for a corner in the north boundary line of said Douglas Tract; THENCE north 890 09' east, along the north boundary line of said Douglas Tract, a distance of 50.0 feet to the place of beginning and containing 120287.50 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 ob- structions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public drainage and utilities in, along up- on 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, with the right and privilege at all times of the grantee herein, his or its agents, employees, workman and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making addi.:ions to, improvements on and repairs to the said public drainage and utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas, as aforesaid for the purooses aforesaid the premises above described. WITNESS oir hand this the day of , A. D. 1971. EDW OUG AS G VIEVE E. DOUGLAS THE STATE OF TEXAS I COUNTY OF DENTON BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared EDWARD 0. DOUGLAS AND WIFE, GENEVIEVE E. DOUGLAS 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the J7~ day of A. D. 1971. PU -IN NkWm DENTON CO TY, TE i CERTIFICATE riF v7) 0 Tt.e State . f Texas C:nxty of Oert.~~ I, THETA PARKER. Vsrk of the County COCA in ant roT ~ ;r:1> co trret'y certily tt.M ff QrjBanR InstrL nt of WT.Gne. v61'T its ee:f'.:at o! • r A.O. 19,71- at r. ~ o . • !°J for record tl-.a » » . ay of GR/ a .J duty recorded tn4, y of . AD. 19...-71- at ~._._...At 6x4_...... `l1J n 7330 ~r -Ll t ! _.Records of Denton, Teas. W My hand and *mt o< offer at Denton, Texas, the day ans y?x last a• life Written. TH. FA FA9e. ,it ; 6y ~pe~ty Clerk of Oa County Coyrt. Denton CO.. Texas 02 A30' AO NIU310"09 113N: o Q ~Z 'S A ' S:lJ."A!'JR`?3 NQii1~0 0 O t it's 0 °0 a T .;:r32+ 1103.031IJ ~r CL S 00 Y4 . • [ L THE STATE OF TEXAS I BY THIS AGREEMENT AND CONTRACT, COUNTY OF DENTON 5735 James Hughes Briscoe, a/k/a J. H. Briscoe, hereinafter called Seller, hereby sells and agrees to convey unto The City of Denison, Texas, hereinafter called Purchaser, the following described pro- perty: Lying and situated in the City and County of Denton, State of Texas, being all that certain lot, tract or parcel of land ly- ing 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 part of the remaining 82.o3 acres of an original 126 acre tract conveyed by W. A. Alexa•ider to J. H. Wscoe by deed dated February 8, 1946, and recorded in Volume 321, Page 530 of the Deed Records of Denton County, Texas, and being more parti- cularly described as follows, to-wit: BEGINNING at a point in the east right of way line of Bonnie Brae Street, said point of beginning being 26.5 feet east and 1,733.30 feet south of the original northwest corner of the abovementioned 128 acre tract; THENCE south 890 26' east 1,475.1 feet, more or less, to a point for a corner in the east boundary line of said 128 acre tract; THENCE south 00 161 east with the east boundary line of said 128 acre tract, 880.76 feet to a point for a corner; THENCE south 63° 29' west, 1,657.96 feet, more or less, to a point for a correr in the east right of way line of Bonnie Brae Street; THENCE north 00 20' west with the east right of way line of said Bonnie Brae Street, 13,631.96 feet to the place of beginning and containing 45 acres of lard, more or less. and being that same tract described in an option to purchase by and between the parties hereto, executed the lst day of May, A. D. 1969. The total sales price ie Two Hundred and Twenty-Five Thousand and no/100 ($225,000.00) Dollars to be paid in cash on or before the expiration of six (6) months from the date of t:sis agreement, and to further bind this sale, as additional consideration, Pur- chaser agrees to pay Seller the amount of money equal to interest on the sales price at the rate of _kx per annuwn for the period of time between the date of this agreement and the date the sales price is paid or tendered for payment. Seller is to furnish Purchaser an owners policy of title in- surance, tax certificates showing ne delinquent taxes, (current -1- taxes, insurance and rents, if any, to be prorated to date of closing) a General Warranty Deed conveying good and marketable title subject only to any easements of record. It is understood by and between the parties hereto that this agreement exercises the cption described above, and grants Purchaser an extended period to make payment of the sales price. The Owner's Policy of Title Insurance to be furnished here- under is to be delivered as and when the sale is closed, which shall be within six (6) months from date hereof unless attorneys for said Title Company discover objections to titla, in which case sale is to be closed when objections are removed, provided the objections are removed within a reasonable time, which in no event shall extend beyond seven (7) months from date hereof. It is agreed that by the delivery of Owner's Policy of Title Insurance i (form prescribed by State Board of Insurance of the State of Texas) under the terms of this con':ract, dated as of the date of closing and issued to Purchaser in the amount of the `total sales price, guaranteeing Purchaser's title to be good and indefeasible, all duties of the Seller as to the sufficiency of title required here- under shall be deemed to be fully performed by Seller, however, Seller shall not thereby be released from the warranties of his deed. Upon failure of Purchaser- to comply herewith, Seller may en- force specific performance. If title is found objectionable and is not cleared within the time herein provided, or upon failure of Seller to comply herewith for any other reason, Purchaser may either enforce specific performance hereof or seek such other re- lief as may be provided by law. a f s EXECUTED in multiple cepies this the Aw- day of May, 1971. f CITY O:+ DENTON$ TEXAS, PURCHASER ` D A , rKAYOK 3 G R f . -2 THE STATE OF TEXAS I COUNTY OF DENTON I BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Alexander M. Finlay, Jr., Mayor of the City of Denton, Texas, and signing as an official act- of said Council and known to me L~o be the person and officer whose name is subscribed to the foregoing instrument and acknow- ledged to me that the same was the act of the said Council, and that he executed the same as the act of such Council for the pur- poses and consideration therein expressed, and in the capacity therein stated. z GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Y day of May, A. D. 1971. WO-TA"AY PUBLIC IN AND FOR DENTON COUNTY, TEXAS THE STATE OF TEXAS 1 COUNTY OF DENTON 1 BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared James Hughes Briscoe known to me to be the person whose name is subscribed to the foregoing in- strument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER 14Y HAND AND SEAL OF OFFICE,this cZL'y""day of May, A. D. 1971. DENA COUNTY, TEXAS -3- WVFE TITLE INSURANCE COMPANYof Dallas - Owner Policy of Title Insurance USLIFE TITLE INSURANCE COMPANY of Dallas. DALLAS, TEXAS, a Texas Corporation, HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein named Insured, the heirs, devisees. executors ant A~f inistrators of the insured. or d a cor- poration, its successors by dissokrtion. merger cr consolidation, that as of the data hereof, the Insured has good and indefeasillite title to the estate or interest in the land described or referred to in this policy. The Company shall not be liable in a greater amount than the actual monetary loss of the Insured. and in no event shall the Company be liable for more than the amount shown in Schedule A tereof. and shall. except as hereinafter stated. at its own cost defend the Insured in every action or proceeding on any dawn against. or right to the estate or interest in the land, or any part thereof, adverse to the title to the estate or interest in the lard as hereby guaranteed. but the Company shall not be required to defend against any ctaims tased upon matters in any manner excepted under Ohis policy by the exceptions in Schedule B hereof or excluded by Paragraph 2, '"Exclusions from Coverage of this Policy." of the Conditions and Stipulations hereof. The party or pa: ties entitled to such defense shall within a reasonable time after the commencement of such action or proceeding. and in ample time for defense therein, give the Company written noti a of the pendency of the action or proceeding. and authority to defend. The Company shall not be liable until such adverse interest, claim, or right shall have been held valid by a court of last resort to which either litigant may apply. and if such adverse interest, claim, or right so established shall be for less than the whole of the estate or interest in the land, then the liability of the Company shall be only such pan of the whole hability limited above as shall bear the same ratio to the whole liability that the adverse interest, claim, or right established may bear to (he whole estate or interest in the land, such rata to be based on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved from all liability with respect to any such inter- est, claim or right; provided. however. that fantrre to no!ify shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding. nor be served with process therein, not have any knowledge thereof, nor in any cane, unless the Company shall be act•ially prejudiced by such failure. Upon sale of the estate or interest in the land. tt;; policy automatically thereupon shall become a warrantors policy and the Insured. the heirs, devisees. executors and administrators of the Insured, or if a corporation. its successors by dissolution, merger or consolidation, shall for a period of twenty-five years from date hereof remain fully protected according to the terms hereof, by reason of the payment of any loss he. they or it may sustain on account of any .pt Cp warranty of Idle contained in the tranbler or conveyance executed by the Insured conveying yJ _g, r, s the estate " interest in the land. The Company shall be liable under said warranty onl/ by reason of defects, liens or encumbrances existing prior to or at the date hereof and not f3)fdL o excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this policy. R,. S~. IN WITNESS HEREOF, the USLIFE TITLE INSURANCE COMPANY of Dallas 'us caused this policy to be executed by its President rider the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forts in Schedule A. 06.,0.46 rn ~-xK ples~ AMIV Sermw V.rr Rrsatnt SearrrrrrW roriswr, iw sq~.rwr USLIFE Title CtAr"ny roar Irl t tw r n Of Dorton r.ior"terly DALLAS TITLE AND GUARANTY COMPANY SCHEDUK A CF N0. of File No.: 104% pt Owner Policy No.: O 785539 Amount: $210,550,00 Date of Policy: June 6, 1972 Name of Insured: CITY OF DBNTON, TEXAS, A MUNICIPAL CORPORATION 1. The estate or interest in -he land insured by this policy is: Fee s1Yp)a (fee simple, leasehold, easement, etc. -identify of describe) 2_ The land referred to in this policy is described as follows: All that certain lot, tract or parcel of land situated in the Robert Beaumont Survey. Abstract No. 31, City of and County of Denton, Texas, said tract being part of that tract conveyed to J.H. Briscoe by deed record- ed in Volume 321, Page 59C. Deed Records of Denton County, Texas, and said tract being tLther described herein by metes and bounds as follows: BEGINNING for the northwest corner of this, at a steel rod set in the eastern line of Bonnie Brae Street, said point lying east 26.5 feet and 1733.3 feet southerly of the northwest coz%ar of the aforementioned J.H. Briscoe Tract; THENCE North 89° 571 east 1461.6 feet to a steel rod set in the east line of the said J.H. Briscoe tract; THENCE South 00 52' east 1100.4 feet to the northeast corner of 5 acre tract called McDonald and Whitehead Tract, a steel rod found; THENCE North 890 061 30" west at 227.5 feet the northwest co.-ner of said 5 acre tract, overall 486.1 feet to a steel red; THENCE south 63° 031 west 1061.9 feet to a st.1al rod set in the eastern line of Bonnie Brat: Street; THENNCE north 00 56' 30" west 1581.96 feet with the said eastern line of Bonnie Brae Street to the place of beginning. UOLVE-Osalm r. 9 rr.w w br 1•10 i SCHMILE B • Owner Policy No.: 0785539 TX This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in- 'ured, it any, shown in Schedule A, and to the following mailers sshich are additional exceptions from the coverage of this policy: 1. Restrictive covenants affecting the land descrited or referred to above. 2. Any discrepa uies, conflicts, or shalages in area or boundary lines, or any encroachments, or any overlapping of im- provements. 3. Taxes for the year 19.7Z- and subsequent years. The following tienfs) and all terms, provisions and conditions of the instrurnent(s) creating or evidencing said lien(s): None 5. Basement dated April 20, 1953 executed by J.H. Briscoe et ux in favor of Denton County Electric Coop., Inc., as own of record in Volume 510, Page 50, Deed Records of Denton County, Texas, 6, Eaement dated December 29, 1964, executed 1~y J.H. Briscoe in favor of City of Denton as shorn of record in Volume 517, Page 449, Deed Records of Denton County, Texas. 7, Easement dated February 3, 1942, executed by M.A. Alexander in favor of Brazos Rover Transmisi on Relctric as shorn of record in Volume 306, Page 5749 Deed Records of Denton County, Texas. 8, Basement dated April 16, 1938, executed by Maggie Vaughn in favor of Panton County Blecttic Coop., Inc., of record in Volume 338, Page 1539 Deed Records of Denton County, Texas. 9. Any portion of the captioned property falling within the boundaries of any roa3, street or highway. 10. Visible and apparent easements on or across the property, r.... i 1r.n n+ nest rau Conditions and Stipulations 1. Definitions The following terms when used in this policy mean: (a) "ford": The land described, specifically or by reference, in Schedule A. and iwrovemerts affixed thereto which by law constitute real property. (b) "public records": Those records which impart constructive notice of matters relating to the land. kl "knowkdge": Actual knowledge. not constructive knowedge. or notice which may be imputed to the Insured by reason of any public records. (d) "date": The effective date, including hour if specified. 2. Exclusions from the Coverage of this Policy This policy does not insure against loss or damage by reason of the following- (a) The refusal of any person to purchase. lease or lend money on the land. (b) Governmental rights of police power or e•ninent domain unless notice of the exercise of such rights appears in the pi blic rec- ords at the dale hereof; and the consequences of any law, ordinance or governmental regulation including, but not invited to, build-rig and zoning ordinances. Ic) Any titles or rights asserted by anyone including. but not limited to, persons, corporations, governments or other entities to tidelands. or lands comprising the shores cr beds of navigable or perennial ricers and streams, lakes, bays, gulfs or oceans, or to any land extending from the line of mein low tide to the fine of vegetation, or to [aids beyond the line of the harbor or bulkhead lines as established or changed by any government, or to filled-in lands. or artificial islands, or to riparian rights. or the rights or interests of the Slate of Texas or the pubic generally in the area extending from the fine of mean low tide to the line of vegetation, or their right of access thereto, or r ght of easement along and across the same. (d) Defects, lens, encumbrances. adverse claims against the title as insured or other matters (t) created, suffered, assumed or agreed to by the Insured at the date of this poirv, or (2) known to the Insured at the date of this policy unless disclosure thereof in writing by the insured shag have been made to the Company prior to the date of this poicy; or loss or damage which would not have been sustained it the Insured were a purchaser for value without knowledge: or the homestead or community property or' survivorship rights. d any. of any spouse of any Insured. 3. Defense of Actions (a) In ail cases where this policy provides for the defense of any action or proceeding, the Insured shag secure to the Company the right to so provide defense in such action or proceeding, and at appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. Whenever requested by the Company. the Insured shag give the Company at reasonable aid in any such action or proceeding, in effecting settlement. securing evidence. obtaining witnesses. or defending such action or proceeding. (b) The Company shall hew the right to sekct counsel of its own choice whenever it is required to defend any action or pro- needing, and such counsel shall have fug control of ::aid defense. (c) Any action lsken by the Company tar the defence of the ksured or to establish the till as insured, or both, shat not be con- strued as an admission of liability. and the Comparrr shall not thereby be held to concede liability or waive any provision of this noky. 4. Payment of Loss (a) No claim shA arise or be maintainable order :his policy for liability volo-:tanly assumed by the Insured in setting any claim or suit without w. Kies, consent of the Company. Ibl At payments under this policy, except payments made for costs, attorney tees and expenses, shall reduce the amount of the insurance pro Canto; and the amount of this policy -hall be reduced by any amount the Company may pay under any potty insuring the validity or priority of any hen excepted !o herein or any instrument hereafter executed by the Insured which is a charge or Tien on the land, and the amount so paid shat be deemed a payment to the Insured udder this policy. (c) The Company shat have 1M option to pay or settle -r compromise for or in the name of the Insured any claim insured against by this policy, and such payment or tender of paymer, together with at costs. attorney fees and expenses which the Company is obligated hereunder to pay. shall terminate all halal ty of the Company hereunder as to such claim. Fur0w;-. the payment or tender of payment of the full amount of this policy by the Company shag terminate all liability of the Comport' under this pal :y. (d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and 0 shall be subrogated to and be entitled to at rights and remedies of the Insured against any person or property in respect to sttu claim. The Insured, if requested by the Company, shag transfer to the Company all rights and remedies against any person cr property necessary in order to padect such right of surd ogAkw% and sW permit the company to use the name of the Insure, I in any transaction or litigation involving such rights or remedies. 5. Policy Entire Contract Any action. actions or rights of action that the kutured may have. or may brLV. against the Company. arising out of the status of the title Insured hereu m5er. must be based on the provisibxns of this policy. end at notices required to be given the Company.. td any statement in writing required to be furnished the Company. shell be addressed to it at Dallas, Dallas County. Texas. 6. This policy is not transferable. I :1 O2~r~Col 0C~DD-~-1 O-io-iO M 7C 0 N C 5 O Pr X :i 0 .-t a .T ~ 4. Y 5. 7 0 O/ N~.01 1 N H j Val a Z ~30~ a m cx:) N O. ~ N @ a o N p oe ~1 9i *a i9 s O ~ sr cp ~ Vl 7 ':`N ~ a o e n 3 a r^ i w o ^Yr ^'sa T c ` to y71~DACn c O N O O 4 . 1: 1 7 0 00 n ~ ~ q p 2 fG~i C T C► D P • f:4 L { 00c;7 3S 10 FILED FOR REC(R • OENTON I:UUHlY.TEXAS c It! TKET~ PsF R CO. CLERK . 0~ ~ . BY...._ • DEP. I s CERTIFICATE OF RECORD + The Stab of Tem County Denton 1. THETA ?AIWER, Clerk of "M County Court in and for sakf County , Oyl • rAji ft ofErt&S _.of aultw~GW' was flkQ for retort ttN of _ A•D. ~1_ of o'.locks Gfiy p _oa the ecteds if Oeetok Te,, of office Flt DM..x4 (Pik ft elay 01 4 year W 1-0Ye saftlest: ply flspd Seel W&OW y . : Jkirll/~t THi TA f kiMti f t t F ~~pW~ tils'i if p~ Cc•"y Crcr>, O:n'»a Co.,'Tirn .j y S NO. 7/-9 AN ORDINANCE CORRECTING ORDINANCE NO. 70-33 ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1970s AND ENDING ON SEPTEMBER 30, 1971, AS SAME APPLIES TO THE ALLOCATION OF TAXES LEVIED FOR THE YEAR 1970 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF DENTON, TEXAS; SUBSTITUTING THE CORRECT ALLOCATION OF LEVY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 70-33 was passed and approved the 22nd day of September, 19700 after a public hearing on the said budget was duly held and all interested persons were given an opportunity to be heard for or against any item thereof; and WHEREAS, the allocation of the levy is made to insure that deposits in the Interest and Redemption funds of taxes collected during the year ending September 30, 1970, will total $644,140.00, but is not intended to exceed that amount; and WHEREAS, said ordinance was in error as same applies to the allocation of the tax levy of $1.50 on each one hundred dollar valuation, as provided in Section III of said ordinance No. 70-33, as a result only of a mathmatical computation, which shall hereby be corrected; now therefore THE COUNCIL OF THE CITY OF DENTON* TEXAS, HEREBY OP.DAINS: PART ONE. That Section III of Ordinance No. 70-33 adopting the budget for the City of Denton, Texas, for the fiscal year beginning on October 1, 1970, and ending on September 30, 1971s providing the tax levy and the fund allocation of said levy, is hereby repealed, and the following Section III substituted therefore, to-wit: SECTION III. That there shall be, and there is hereby levied, the follow- ing taxes on each one hundred dollar ($100.00) valuation on all taxable property within the City of Denton, Texas, to be assessed and collected by the Tax Assessor and Collector for the year 1970 and said taxes are to be assessed and collected for the purposes stipulated as follows, to-wit: • 0- (a) For the General Fund allocation on the $100.00 valuation $ .6239 (b) For the interest and Redemption Funds on outstanding bonded indebtedness on the $100.00 valuation .8761 Total Allocation of Levy.... $1.50 PART TWO. This ordinance shall be effective immediately upon its passage. PASSED and APPROVED this 23rd day of March, A. D. 1971. A & ZJO 'A *,4, ~ ALEXANDER M. FI •Y, JR , R CITY OF DENTON, TEXAS ATTEST: Alozw BROOKS HOLT, CITY SECRET CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JASF Q. BARTON, CITY ATTUMbY Cr OF DENTON* TEXAS . r r -0 it t i r e,. ~ tS{:•. •tS . s ' S! Q. w ' NO. 9l AN ORDINANCE ANP.NDING 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 LOTS 1A2, 1B1, 1C, BLOCK 4070-1 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, adopted 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 same is hereby amended as follows: All the hereinafter described property is hereby removed from the "A" Agricultural District as shown on said Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as "LI" Light Industrial District in the same manner as other property located in the "LI" Light Industrial Districts All that certain lot, tract or parcel of land lying and being situated in the .1ity and County of Denton, State of Texas, known as City Lots 1A2, 181, 1C of Block 4070-1 as shown this date on the Tax Map of the City of Denton, Texas; being the southwest corner of 1-35 and Texas Busi- ness Route 77. SECTION II. That the City Council of the City of Denton, Texas, hereby finds that sunh change is in accordance with a comprehensive plan for the purposes of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the charter 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 approp- riate 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 immedi= ately 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 the 23rd day of March, A. D. 1971. &/W *.,,:z 4 Q. AIZXM4DER N. NLAY, , AYOR CITY OF DENTON, TEXAS ATTEST: BROOK OLT, CITY SECRETARY CITY OF DENTON* TEXAS APPROVED AS TO LEGAL FORM: J Q. BARTONe CITY ATTORNEY OF DENTON, TEXAS PF`7 ZJ All, y • t b V ttld ~ - ~ 1 7 1 1 y ~ ~ is. ~ R r 1 3 ~ i N0. 71- 7 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A PLUMBING AND MECHANICAL CODE BOARD; PROVIDING THE DUTIES AND POWERS OF SUCH BOARD; PROVID- ING A SAVINGS CLAUSE; AND DECLARING AN EFPCCTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding new Article VI to Chapter Seventeen of said Code which shall hereafter read as follows: ARTICLE VI. PLUMBING AND MECHANICAL Section 17-70. Plumbing and Mechanical Code Board- Creation. There is hereby created a Plumbing and Mechanical Code Board consisting of five (5) members, each to be appointed by the City Council for a term of two (2) years, and removable for cause by said Council after public hearing. Initially, however, all five (5) members shall be appointed for a term to expire coincidently with other City Boards, to serve until their successors are appointed. To the extent that persons are avail- able within this City, the said Board shall consist of two (2) licensed plumbers, one (1) mechanical contractor, one (1) mech- anical engineer, and one (1) layman, who shall all reside with- in the City. The City Council may appoint Ex Officio members to this board, to have a voice in all matters before it, but who shall have no vote. Section 17-71. Same - Procedure and Powers. The Board shall adopt rules to govern its proceedings pro- vided that same are consistent with the Code of Ordinances of the City of Denton and Statutes of the State of Texas. The Plumbing and Mechanical Code Board shall have the same powers and duties on matters concerning Chapter Seventeen of the Code of Ordinances as the Building Code Board has on matters concern- ing, and arising from, the Building Code, including the follow- ing: (1) elect a Chairman, who may administer oaths, avid compel the attendance of witnesses; (2) hear and determine, by 4/5 vote of the members, appeals from any decision of the Plumbing In- spector made pursuant to Chapter Seventeen, after proper notice has been given; (3) AY a 4/5 vote of the members, grant variances to any provision of Chapter Seventeen, subject to appropriate conditions and safeguards, and after a determination by the Board that a hard- ship exists which would be cured by the parti- cular variance sought. i 1 Section 17-72. Same - Additional Duties. The Board shall with the assistance of the Plumbing and Building Inspectors, Director of Public Utilities, and City Attorney, review the existing plumbing code, pertinent stan- dard or model codes, and present to the City Council its re- commendation on the adoption of a new, more comprehensive, Plumbing and Mechanical Code. SECTION II. This ordinance shall be and it is hereby declared to be cumulative of all other ordinances of the City of Denton, Texas, and shall not operate to repeal any such ordinance or ordinances except insofar as the provisions of such other ord- inance or ordinances are inconsistent or in conflict with the provisions of this ordinance, in which instance or instances those provisions shall be hereby repealed. SECTION III. If any section, word, clause, phrase or provision of this ordinance is declared unconstitutional or invalid, then, in that event, it is expressly provided, and it is the intention of the City Council in passing this ordinance, that all other parts of this ordinance shall not be affected hereby and shall remain in full force and effect. SECTION P►. That this ordinance shall become effective immediately up- on its passage, and the City Secretary is hereby directed to cause the cap'.-Ion of this ordinance to be published in the Denton Recor,~-Chronicle within ten (10) days of the date of its passage. p PASSED AND APPROVED this the / day of , A. D. 1971. P t, ALEXA DER M. FI R , YOR CITY OF DENTON, TEXA ATTEST: B HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED A TO LEGAL FORM: 62./ ev Z 1 , UrrX ATTORNEY SP.PW PITY OF DENTON, TEXAS n _ i ~ , "~1 f 1' Y. ~11' l.'1 C.. ~ 1.. ~ > ~ ~ ~ • is F p a . 16 `'F:..FT. 1 .t" b r Y i ` ri~• ! •y !•S { y-Y `Y .l~M1 ~„+4 •~.'J1 _ -f k THE STATE OF TEXAS 4 CITY OF DENTON SEWAGE DISPOSAL CONTRACT TOWN OF CORINTH I THIS AGREEMENT made as of this 25 day of March , 1971, between the City of Denton, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as Denton, and the Town of Corinth, Texas, a Municipal Corporation organized under the general laws of the State of Texas, hereinafter re- ferred to as Corinth, W I T N E S S E T H: WHEREAS, the public health, uelfare and safety of the resi- dents of Corinth and the residents of Dei:ton require the develop- ment of adequate systems of sewage collection and disposal, the elimination of water pollution and the preservation of the fresh water resources of the area; and WHEREAS, Denton is engaged in developing and operating a sewage disposal system accessible to Corinth, and Corinth is de- sirous of a sewage collection system for its residents; and WHEREAS, Corintt desires to deliver sewage collected by its system to Denton for disposal; and WHEREAS, to provide for the disposal by Denton of sewage collected by Corinth it is necessary that a contract be now en- tered into establishing certain rights and duties of the parties thereto; NOW3THEREFORE, in consideration of the mutual covenants con- tained herein, it is hereby agreed as follows: Section 1. Delivery and acceptance of Sewage Corinth shall deliver to Denton all of the sewage and in- dustrial waste collected by Corinth and Denton shall accept the sewage and waste delivered for treatment and disposal as herein- after provided subject to such reasonable rules and regulations as may be adopted from time to time by the City Council of Denton. i Denton shall not directly accept sewage or waste from any per- son, firm, corporation or governmental agency which is located within the boundaries of or is delivering its sewage into the local sewage facilities of Corinth without the written consent of Corinth, provided, however, that in the event that any portion of the extraterritorial area of Corinth shall be annexed to or incorporated within said City, such consent shall not be required as a condition for the acceptance of such sewage or waste from such annexed or incorporated area. Section 2. Connection of Corinth Sewage Facilities to the Denton Sewage Facilities. Local sewage facilities of Corinth shall be connected to the Denton Sewage System at a point located along Interstate Highway 35E said point being further described as the intersection of the extraterritorial jurisdictional limit line of both the Town of Corinth and the City of Denton, said point being approximately one- half mile northwest of the corporate limits of the Town of Corinth. Such connection shall be accomplished at the expense of Corinth in. accordance with the requirements of Denton and at such other points of connection as shall be determined by Denton. Corinth shall con- struct and dedicate to the City of Denton all necessary sewage facilities located within the City Limits of Denton and the extra- territorial jurisdictional area which may be required to deliver Corinth sewage to the presently existing Denton Sewage System. Such right to connect to Denton's Sewage Facility obligates said Town of Corinth to provide the rights of way, easements, and/or other con- veyances necessary for the construction of said facilities. And, Corinth shall restore all the existing structures and/or Improve- ments lying in the right of way of construction, to as good a con- dition as before the construction took place; and shall save harm- less the City of Denton from any and all liability, claims, suits, actions or causes of actions, actions for damages for injuries or -2- otherwise by reason of the construction work hereinabove provided for. Any such facilities constructed, maintained and operated under this section shall remain in perpetuity the property of the City of Denton and shall not be operated or maintained by any other than the employees of said City c, its authorized representative. It is expressly understood that Corinth will be responsibile for the delivery of its sewage to said connection and Denton shall obligate itself to construct additional sewage facilities as reason- able for growth of the load on the sewage system, however, the deter- mination to construct any of such facilities shall remain within Denton's sole discretion. Section 3• Construction of Corinth Facilities. It is understood that Corinth shall construct, acquire or otherwise secure the right to use all facilities required for the local collection of sewage delivered to Denton pursuant to this agreement and shall perform all services required for the mainten- ance, operation, repair, replacement or improvement of said local system for delivering sewage to the Denton System, including any additions in betterment thereto. Corinth shall, in its sole dis- cretion, but with the advice, and consultation of Denton, determine the nature, location and type of construction of the Corinth Sew- age System. Section 4. Payment for Sewage Disposal. All sewage taken into the Denton Sewage System shall be measur- ed by meters installed at the points of delivery. All meters shall be furnished and installed by the City of Denton at the expense of the Town of Corinth. The City of Penton agrees to maintain said meters and to cause such repairs and/or adjustments as may from time to time be necessary ?nd to be proper~y maintained. Such re- pairs shall be made at the expense of the City of Denton, unless it can be shown that the necessity for such repairs was brought about by an improper act or neglect on the part of Corinth. Corinth agrees -3- to accept Denton's estimates of quanitites of sewage entering the Denton System during all periods in which the meters fail to mea- sure correctly such intake of sewage into the Denton System, pro- vided there is a reasonable basis for such estimates. For the disposal of sewage hereafter collected by the Town of Corinth and delivered to Denton, Corinth shall pay monthly dur- ing the term of this agreement a sewage disposal charge of 22.54 per one thousand gallons of sewage delivered to the Denton Sewage System. The Town of Corinth agrees to pay for disposal of said sewage at such rates as the City of Denton may establish from time to time, it being mutually understood that such rates shall always be reasonable in relation to the costs incurred by Denton for the disposal of such sewage. The City of Denton shall give ninety days notice of any change in rates and such notice shall be in writing and shad be delivered in person or by mail to the Town Clerk of the Town of Corinth. Bills for sewage disposal shall be rendered monthly and delivered to the Town Clerk of the Town of Corinth and shall be psyable on or before the due date shown thereon which shall be not less than fifteen (15) days from such delivery. There shall be a further charge of ten (lox) per cent of the amount of the bill if not paid on or before the due date. All delinquent balances remaining unpaid for one year or more shall be subject to the additional charge of eight (8x) per cent per annum until paid. In addition to the above commodity charges there will also be charg- ed a meter reading and servicing charge in the amount of Twenty- Five (05.00) Dollars per month. Said charge will be included in the monthly billing statement. Sewage disposal services to the Town of Corinth may be discontinued if any bill is not paid within sixty (60) days of the due date. The Town of Corinth hereby waives any and all claims for damages resulting from the discontinuance of such service. M additional charge may be made for sewage or waste of un- usual quality or composition requiring special treatment, or Denton may require pre-treatment of such sewage or waste. M additional charge may be made for quanities of storm or ground waters enter- ing the local sewage facilities in excess of the maximum amount permitted pursuant to City of Denton standards. Section 5. Responsibility of Corinth. The Town of Corinth shall be responsible for the delivery to the Denton Sewage System of sewage collected by Corinth, for j the construction, maintenance and operation of local sewage facili- ties, and for the payment of all costs incident to the collection of such sewage and its delivery to the Denton Sewage System. Section 6. Records. Permanent books and records shall be kept by Denton and Cor- inth of the respective rates established, the volumes of sewage delivered and discharged into the Denton Sewage System wherever such volumes are measured, end the number of residential customere and residential customer equilivents reported. In addition, Denton shall keep complete books of accounts showing all costs incurred in connection with the Denton Sewage System and Corinth shall keep complete records showing the amount billed to each of its customers for sewer service and the basis used for such billing including sewage flow and water consumption for each customer where applicable. :he records required by this paragraph shall be available for exami- nation by either party at any reasonable time. Section 7. Liability for Damagfs- Any liability incurred by Denton as a result of the operation of the Denton Sewage System shall be the sole liability of Denton and any liability incurred by the Town of Corinth as a result of the operation of its local sewage facilities shall be the sole liability of Corinth. However, it is further understood and agreed -5- the approval or inspection of Corinth facilities by Denton shall not relieve Corinth from full responsibility for the conformance of finished work with acceptable standards. Section 8. Assignment. The Town of Corinth shall not have the right to assign this agreement or any of its rights and obligations hereunder either by operation of law or by voluntary agreement without the written consent of the City of Denton and neither party may terminate its obligations hereunder by dissolution or otherwise without securing the written consent of the other party and this agreement shall be binding upon the parties and inure to the benefit of the respective successors and assigns of the parties hereto. In the event that the municipality of Corinth should be idssolved or should no long- er be authorized to operate sewer facilities, the local sewer facilities owned and operated by such municipality shall be assign- ed and transferred to Denton subject to any outstanding debts of said transferring municipality which have been incurred for the specific purpose of constructing or acquiring such facilities and subject to the acceptance by Denton of the obligation to continue to provide sewer service to the residents served by such local faci- lities upon payment by said residents of sewage disposal charges as may be subsequently determined. Section 9. Effective date and term of Contract. This agreement shall be in full force and effect and binding upon the parties hereto upon the execution of this agreement and shall continue in full force and effect for a period of thirty (30) years. Section 10. Notice. Whenever in this agreement notice is required to be given the same shall be given by registered mail addressed to the respective parties at the following addresses: _6_ City Secretary, City of Denton, Municipal Building, 215 East McKinney, Denton, Texas 76201; Town Clerk, Town of Corinth, City Hall, Corinth, Texas; unless a different address shall be hereafter designated in writ- ing by either of the parties. The date of giving such notice shall be deemed to be the date of mailing thereof. Billings for and payments of sewage disposal costs may be made by regular mail. Section 11. Execution of Documents. This agreement shall be executed in duplicate, either of which shall be regarded for all purposes as an original. Each party agrees that it will execute any and all deeds, leases, instruments, documents and resolutions or ordinances necessary to give effect to the terms of this agreement. Section 12. Waiver. No waiver by either party of any term or condition of this agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or a different provision of this agreement. Section 13. Remedies. In addition to the remedies provided by law, this agreement shall be specifically enforceable by either party. Section 14. Entirety. This agreement merges and supersedes all primer negotiations, representations and agreements between the parties hereto relating to the subject matter hereof and constitutes the entire contract between the parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date and year first above written. CITY OF DENTON/ BY: f t.cslw LAY, AYOR ALEXANDER M./PIN CITY OF DENTON, TEXA -7- • _ a' ATTEST. IVROOKS T, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS 7,LEGAL FORM: V. -RALPH MAN , SST. CITY ATTORNEY CITY OF DENT , TEXAS TOWN OF CORINTH BY: ooe ATTEST: TOWN C TOWN OF CORINTH -8- sw . ~ ' . - _ ; i i c.~ •t Rte! t J. , i e;is. ~ t ~ ~ ' y_ t' , ~ rL y~C~ y„' IBS ~S rtY~' THE STATE OF TEXAS I CITY OF DENTO1Q 1 WATER SUPPLY CONTRACT TOWN OF CORINTH I THIS AGREEMENT made this 25 day of arc , by and between the City oo Benton, a Municipal Corporation organized under the laws of the State of Texas, party of the first part, (hereinafter referred to as Denton), and the Town of Corinth, a Municipal Corporation organized under the general laws of the State of Texas, party of the second part (hereinafter call- ed Corinth). WHEREAS, Corinth desires to finance, construct, operate and maintain a system of water mains, pumping stations, storage and auxiliary water works equipment and facilities, and all expansion thereof, required to supply the needs of its residents, and WHEREAS, the Town of Corinth further desires to receive a supply of treated water from the water system of the City of Denton; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City of Denton agrees to sell and deliver treated water to the Town of Corinth subject to conditions stated here- inafter. 2. The Town of Corinth agrees to purchase treated water from the City of Denton subject to conditions stated hereinafter. 3. The City of Denton, to the best of its ability, shall pro- vide, and the Town of Corinth shall take said water at the designat- ed point of connection of Corinth's facilities with the Denton Water System, in sufficient quanities to meet all reasonable requirements of Corinth's customers hereinafter prov+.ded, but in no event an amount less than 7 thousand gallons of water daily. A maxi- mum at which the Town of Corinth may take water from the Denton Water System is fixed at that rate which, if maintained consistently through a period of twenty-four (24) hours, would provide the total quanitity of water necessary to supply the maximum daily require- ments of all of the customers regularly supplied with Denton water through Corinth facilities. The Town of Corinth shall provide and utilize sufficient controlled storage facilities so that Corinth shall be in a position to meet the demands of its customers without drawing upon the Denton Water System at any rate in excess of the above stated rate. Initially, said maximum daily requirements are hereby established as 0.1, million gallons, and the maximum rate at which Corinth may take water from the Denton Water System is hereby es~ablished as the rate of 0.1 million gallons per day. 4. The Town of Corinth shall maintain suitable records of the numbers and sizes of the service connections and the number of per- sons supplied with Denton water through Corinth facilities. These records shall be available to the City of Denton at all reasonable times. Annually, on or about April lst, if it shall appear that either the number of persons supplied by Corinth with Denton water or the average per capita maxium day requirements of those persons, or both, are such as to change significantly the last determined maximum rate of draft of Denton water by the Town of Corinth, then the said maximum rate shall be T:-determined on the basis of the latest available data. If after April ist in any year the situation should -1- be materially changed by reason of increased users or usage, or both, which could not have been foreseen or letermined on April 1st, then such a redetermination shall be made at that time. 5. The distribution of Denton water by the Town of Corinth shall be limited to the area within the limits of the Town of Corinth, provided that the Town of Corinth may be permitted to supply water to such specific customers or areas beyond its limits as from time to time may be approved by the City of Denton, on application by the Town of Corinth. 6. Water shall be delivered by the City of Denton to the Town of Corinth at the following location: At a point on Inter- state Highway 35E approximately one-half mile north of the cor- porate city limits of the Town of Corinth, said point being t;ie intersection of the extraterritorial jurisdictional limits of the Town of Corinth and the extraterritorial jurisdictional limit line of the City of Denton; and at such other points as may, from time to time, be mutually agreed upon by the parties hereto. 7. All-water furnished shall be measured by meters Install- ed at the points of delivery. All meters shall be furnished and installed by th^ City of Denton at the expense of t_id Town of Corinth. The City of Denton agrees to maintain said meters and to cause such repairs and/or adjustments as may from time to time be necessary, to be promptly made. Such repairs shall be made at no expense to Corinth unless it can be shown that the necessity for such repairs was brought about by an improper act or neglect on the part of Corinth. The Town of Corinth agrees to accept the City of Denton's estimate of quantities of water supplied during all periods in which tie meters fail to measure correctly all water supplied the Town of Corinth provided there is reasonable basis for such estimates. 8. The Town of Corinth agrees to pay for such water supplied by the City of Denton at such rates as the City of Denton may es- tablish from time to time, it being mutually understood that such rates shall always be reasonable in relation to the costs incurrsd by the City of Denton for the supply of water. It is mutually understood and agreed that the rates shall be established initi- ally as #.35 per one thousand gallons of water supplied to the Town of Corinth. The City of Denton shall give ninety (90) days notice of any change in the rates and such notice shall be in writing and shall be delivered in person or by mail to the Town Clerk of the Town of Corinth. Bills for water service shall be rendered month- ly and delivered to the Town Clerk of the Town of Corinth and shall be payable on or before the due date shown thereon which shall be not less than fifteen (15) days from such delivery. There shall be a further charge of ten (10x) per cent of the amount of the bill if not paid on or before the due date. All delinquent balances re- maining unpaid for one year or more shall be subject to an addition- al charge of eight (8x) per cent per annum until paid. In addition to the above commodity charges there will also be charged a meter reading and servicing charge in the amount of Twenty-Five 025.00) Dollars per month. Said charge will to included in the monthly billing statement. Water service to the Town of Corinth may be dis- continued if any bill is not paid within sixty (60) days of due date. The To,-!a of Corinth hereby waives any and all claims for damages re- sulting from such discontinuance of service. -2- 9. The Town of Corinth agrees to install the necessary water mains and pipes, and other facilities as may be deemed necessary by the said City of Denton, the distance necessary to connect the Corinth System with the nearest existing water main of the Denton System. Further, the Town of Corinth agrees to grant, provide and convey all necessary facilities, easements, access, egress and in- Kress perpetually to said City of Denton for purposes of mainten- ance of such facilities. In the event of such construction, the responsibility of which rests with the said Town of Corinth, it shall additionally restore all existing structures and/or improve- ments lying in the right of way of construction, to as good a con- dition as before the construction took place; and shall save harm- less the City of Denton from any and all liability, claims, suits, actions or causes of actiona. causes of actions for damages for in- juries or otherwise by reason of the construction work hereinabove provided for. Any such facilities constructed, maintained and oper- ated under this section shall remain in perpetuity the property of the City of Denton and shall not be operated or maintained by any other than employees of the City of Denton or its authorized repre- sentatives. 10. It is understood and agreed that the City of Denton shall have the right to inspect and approve or disapprove all water pipes, taps, service connections, fittings, meters, and appurtenances, dur- ing installa~ion, installed or intended for use in the system, dur- ing the continuance of this contract, for the purpose of insuring a uniform standard of construction for all areas served by the City of Denton Water System, 1:rsd to avoid any damage to the Denton System as a whole, arising from inferior material or workmanship in the com- ponent parts; with the understanding, however, that such inspections shall not relieve the Town of Corinth from full responsibility for the conformance of finished work with acceptable standards. 11. For the protection of the health of all consumers suppli- ed with water from the water system of the City of Denton, the Town of Corinth agrees to guard carefully against all forms of contamina- tion, and that if at any time contamination should occur, the area or areas affected shall immediately be shut off and isolated and re- main so until such conditions shall have been abated and the water declared again safe and fit for human consumption by the properly constituted governmental health agencies having jurisdiction of the areas affected. The City of Denton expressly reserves the right to discontinue temporarily the supply of water to any of the pipes laid or to be laid by the Town of Corinth whenever it is necessary to do to insure proper operation of the Denton Water System, or for non compliance with any provisbn of this Agreement. No claims for damages for such discontinuance shall be made by the Town of Corinth against the City of Denton. 12. Further, Denton, its officers and employees, shall assume no liability for the inadvertant contamination of its water, from whatever source or means, or for the negligence of Corinth or of any officers or employees thereof, nor for any defective or dangerous con- dition existing within the water system of Corinth and Corinth shall hold Denton and its officers and employees harmless from and shall de- fend Denton and its officers and employees thereof against any claim for damages or injuries resulting from consumption and use of said water including allegations and claims of third parties. -3- 13. It is understood and agreed that the Town of Corinth will not, under any circumstances, permit water from any other source or supply to be entered into the water system, or any part thereof, or to be mixed or mingled with water from the water sys- tem of the City of Denton, without prior written approval of the Director of Public Utilities. 14. The City of Denton shall s>>pply and sell water from the system of the City of Denton to the Town of Corinth, and the Town of Corinth shall receive and purchase such water in accordance with the terms of this Agreement for an indefinite period of time, but at least for a period of thirty (30) years from date hereof. This Agreement may be terminated by either party after expiriation of said thirty (30) year period, upon one year's written notice served upon the other party by delivering the same to the City Sec- retary of the City of Denton or to the Clerk of the Town of Corinth as the case may be, or at any time upon mutual consent of both parties. This Agreement shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns. This Agreement shall take effect upon its adoption and exe- cution by the respective parties hereto, and its approval by the City Council of the City of Denton and the Town Commission of the Town of Corinth. IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to be executed by their respective duly authorized officers in multiple originals as of the date and year first above written. CITY OF DENTON BY : IJ6,1 AL ) R , YO CITY OF DENTON, TEXA07 ATTE ORODIA-66 HOLT, CITY SECRETARY CITY OF DENTON$ TEXAS APPROVED AS LEGAL FORM: 07 P G~ P T. I Y ATTO EY CITY OF DEN , TEXAS TOWN OF CORINTH j BY: 1 MAYOR~f ATTEST: TOWN .RK TOWN OF CORINTH -b- 4MY aA NOW f~ } Il~_a ncM:1I PM STAU OF IIANS ) CUIMy OF tXA-111V } •p4 AGRMO.Ndf entered into this day of *et-4Wt. , A.D. 1911:11 by and betr:een the City of DL.?0?V a xmicipal corroration, situated in the County of Denton, State of Texas, hereinafter called the "City", party of the first part, and the NIS.S(UP.1-VO SM-11AAS RA1I.MID CCX%lP.WY, a Delaware corporation, herein- after called the "Vailroad Ca»pany", party of the second part, Wl INESSr 7l I: i S~IIn:Ri \S, the City desires to build a new, public, 43-foot street across Railroad Company's right of way at grade joinLig existing Mill Street to Mrse Street, said crossing to be located opposite Railroad Coripany's main line ialuation chaining station 1894#93.65 in tho City of Denton, Texas, on Railroad Carpary's Denton subdivision; and h1KREllS, plans and specific:-tions covering the construction of the project ha%e been furnished to Railroad Company by the City of Denton, Texas, said plans and specifications to be identified as Exhibit "A" and attached hereto and made a part hereof; and WHEIG1S9 the City has requested the Railroad CoVany to grant the City as easement for said crossing and to participate in the construction of said project at the City's expense by installing a prefabricated planked crossing, re- arranging wire lines and installing necessary drainage, if any, and the Jbi-Iroad Ca pany is agreea'rle thereto on the following terms and conditions: Nal,71CRE190i, in consideration: of the premises and of the mutual covenants and agreements of the parties hereto to be by theme respectively kept and pcrfor d, as hereinafter set forth, it is agreed as follows: 1. Except for the work to be performed by Railroad Coapany, the cost of which will be reimbursed by the City as hereinafter provid.d, the City agrees, to constnx:t,or cause to be constructed, at its sole cost and expense, said crossing in accordance with the plans mid .specification-- first approved in writing by the Director of Public Works- of the City and by the chief 13tgineer of the Railroad Compvey. No chanr.s in these plans and specifications are to be made without the written :•msent of such changes by said Director and said Chief litpincer. 2. Ilur Railroad C"11-any hereby afirtvs to i;iant to the city as•cascowlit in the form attarheu hereto as. Exhibit '7t", ;urd does hereby fi:mt permission for the construction, iota intenance and use of a public street across its main line right of way at grade for the purpose of connecting Hill Street to Mrse Street, across said Railroad right of way at the locatia. cribed in lbchibit 'tire. 3. the railroad Company will, subject to reimbursement by the City of the cost thereof, furnish material, equipment and labor to install a full-planked prefabricated crossing in said street and reconstruct and rearrange any utility wires or poles uhich may be required. Ilia estimated cost to install said plank- ing, and reconstruction and rearrangement of said utility wires and poles, if any, Is shown on the estimate, a copy of which estimate, marked Exhibit "l", is attached h:reto and made a part. hereof. It is agreed between the parties hereto that all cost figures shoi.n on the attached Exhibit IV' are estimates only, and City agrees to reimburse Railroad Corflparry for its actual cost in furnishing said materials, equipment, and labor, including all additives to material and labor in coapliance with Railroad Company's current billing practices. 4. The City will construct, install and maintain, or cause to be con- structed, installed and maintained, at its own expense; all drainage facilities, including storm and sanitary sehne facilities, across or along the Railroad Company's right of u:•ay as sham on said plans and specifications. The City will likewise install and maintain, or cause to be installed and maintained, at its oun expense, all street paving, including curbs and gutters, on Railroad CoMany's right of way. The City further agrees to keep said crossing blocked to vehicular traffic until the completion of the project. S. As a portion of the consideration for this agreement and for said Easement, as set forth on FAlbit IV9 attached hereto, City hereby agrees to assume all cost of automatic flashing protection for said public crossing as ruay be required by City through ordinances or otherwise. In the event flasher pro- tecticn shall be required by the City, City agrees to convey title of said flasher protection to the Railroad Compkunv, and Railroad Coanany will maintain said flasher protection at its sole expense. -2- . 6. The City will require its emgiloyees or its contractor, during tls construction of said project, to perform such uork in a minor as will not inter- fere with the Operation of the Railroad Company's track and in such mannor as will permit the Railroad Company to operate its trains with a minimum dolay. Railroad Company shall designate the time for the work to be done on the crossing of the railroad right of ray, including the road bed, curb and gutter, and paving and the duration of time alloticd for the main line to be open. The Railroad Company reserves the right to maintain an inspector on the job at all times, and upon completion of work on said project, Railroad Company and City will make a final inspection of sane. City agrees that it will not accept said project until such joint, final inspection revca:3 that the work to be done by each party has been constructed in accordance with said plan and specifications. i 7. Upon the completion of joint acceptance of the said project by the City and Railroad Company, this instrument shall have the effect of and shall I, I 1 operate as a conveyance of the title to the Railroad Company of the planking. The Railroad Company will maintain at its expense that part of said project con- veyed herein to it. As a portion of the consideration for this agreement, City agrees that it will not levy any assessments against Railroad Company or its property for any portion of the cost of the p-esent projected construction, improvement, or maintenance of said street or any of the facilities hereinabove provided. 8. The City agrees that in its contract for drainage work and street paving, it will require its contractor, prior to starting any work thereunder, to: a. agree to protect, indemnify and save harmless Railroad Company from and against all liability, claims, demands, actions and causes of action, and all costs and expenses, including attorneys' fees, con- nected ther►.ith for all loss or dmage to any property, material or equipment uUtsochrr, including that of Railroad Cozu my; and for any injuries to or death of persons Micasoever, including said contractor or subcontractors and any agents, scivants of employees of City, its contractor or subcontractors, or Railroad Company, caused or contributed to in any manner, negligent or otherwise. by the acts or omissions or T .S, presence tipon or in the vicinity of the premises tihere the work as provided herein is to be pCTforrned, uiicther in the performance of the work to be performed heretnider, or otherwise, and regardless of Owther any such loss, damage, injury or death was contributed to by the negligence of Railroad Company or its agents, servants or i employees, or othertjise. Vie contractor shall also agree to reim- burse Railroad Cagiany for any loss or destruction of, or damage to, Railroad Company's property, including property in its custody or control, caused by or contributed to in any manner by the acts or omissions of said contractor, his subcontractors or the agents, servants or employees of City, its contractors or subcontractors; b. furnish to Railroad Company evidence that he has in force general comprehensive public liability insurance with limits of r $500,000 for bodily injury to or death of one person, and $1,000,000 for bodily injury to or death of more than one person as the result of one accident; c. furnish to Railroad Company evidence that he has in force I general comprehensive public liability insurance with limits of i $500,000 for property damage as the result of one accident; • t d. furnish to Railroad Company evidence that he has in force , a contractual liability endorsement to the aboiv public liability ; policy, in which endorsement the covenants of the contractor as provided in Section 8a hereof are specifically brought within the , E coverage of said public liability policy; e. furnish'to Railroad Company a railroad protective liability ' policy naming Railroad Company as the insured therein, and which i protective liability policy provides the following coverage limits: (1) $500,000 for bodily injury to or death of one person; (Z) $13,000,000 for bodily injury to or death of more than i one person as the result of one accident; , (3) SS00,000 for property damage as the result of one accident; i f. furnish to Railroad Caihany evidence that lie has in force a standard Workmcn's Compensation and raployer's Liability policy complying fully with the laws of the State of Texas; g. agree with Railroad Company that contractor will wainttin all insurance provided for above in full force and effect during the term of the contract and until the work is accepted by City, and provide that none of this insurance will be cancelled without the - Railroad Company being given 10-days' written notice of the intended cancellation. 8. City agrees to give Railroad Company's Chief Engineer at least 15 days' written notice prior to starting work on the drainage and/or street paving, such time being required by Railroad Company to assemble forces for said work. If, at any time prior to starting work on said project, or during the progress of said work, an emergency arises at any other location on Railroad Company's main line which requires it to use its forces or equipment assigned to said grade crossing project for work in connection with said emergency, Railroad Company shall have the right to stop work on the grade crossing project until such time as work on said emergency situation has been performed. 9. the City asseanes the entire responsibility for the construction and maintenance of the work to be done by it on said project, including approaches, pavement, and drainage facilities, and ..othing herein shall be construed to place upon the Railroad Company any manner of liability for injury to or death of persons or for damage to or loss of property, arising from or in any manner connected with the constructLin, maintenance, or use of said project, including approaches, pavement, and drainage facilities located upon the Railroad Com- pany's property and right of way except that the: Railroad Company accepts re- sponsibility for the maintenance of the planking and any flasher protective devices which may be installed at said crossing subsequent to the date of this agreement. 10. Nothing herein contained shall prevent Railroad Company at any time or from time to time from changing, multiplying, relocating, maintaining or abandoning any of its tracks across or upon said grade crossing. • F s ~orj t# Tell, IN Tl:.%IlllW h1IEMOT, the parties thereto have caused these presents to be executed in dhghllcate on tl.: day and year first above written. A'fTlSfi CITY Of fey" /e ,00 -r City Secretary yor' A7'FES7• MS;SS0URI AS-TEXAS RAILMAD MPANY i ,j~ iscant Secretary ice rest e • l - - 9tsl~q;t~o,I MUMM { \ o / i solo/B~y.~.,.ir opp .~tLcho.Sf. / sue. /699-49-14;5 • E Am* C, o i b •2 Ua dory jet , 4• a Olt. I I J 44 i E)QIIBIT ESTIMATE ESTULITED ODST FM IsTALLATIM AND : ATERIALS PCRZ Q\E (i) FORIT EIGEf rwr (W) PREMRICATED PLQ31.IC ROM CROSSING ACROSS RAILROAD'S DL-17*QV SUBDIVISION Mali`' LINE MVECTI\G MILL STREET 70 MORSE STREET $2p220.00 E. r . f s. - s" f . . ,1 .f- . _ ?'C ~a p ` ' ' _ , l~ j r' .il. ~ i , ~ y i. > ~ ~ 4.. ~t:~ _ 1 ,ti , c ~ 'l 7 Y Y :S: (o0r min 0- i tip E _ called ci, rl, ::ad t C the P~inci, ;,l), ac Prix. . _ a eorporatioa orZan.i=cd and doinS business undo: oral by VASs ::w and duly licensad for the purpo;o • Or the state Oi l'C• of ri1ki;, Euarantecirr or beco_,in- sole surety upon bend or uaderta'.cia; required or authorized by the lairs of the State o: i.^::?s ,•na Surety, are hold and firmly bound Onto CITY OF DENTO\, TWIIAS , hereinaf tort - • called t'nci Obligee in the lust aid full sun of Two Thousand, Six Hundred Eighty-Five - - - Dollars. • :and 10/100----- - lawful money o: the United States of -Azorica for the payment of whic`►, wall and truly to be made,. wo hereby bind o.rsalvc-., ou-s succossors and ..assigns, jointly and sovaially, firaly by the s3 presents. irdECEAS, or. tha 8 cn day of . • March 19 71 ; the said Principal, ' - - - _ - - as cOIcractor, Cntered into a contract for Water and Sewer on boll Hill T?ri_ve t7:iEREAS, uad.:: the terms of ao s?ecifications for said work, the said Pri:,cipal Two Thousand, S-,x Hundred Eighty-rive is required. to five a b&.-Ad in the a:OUnt or and 10/100- - - - - - - - - - - - - - - - - - = Dollars ($,2.685.03-_- 4t6 ► guarantee the re?lsca.cat and repair o! dolo.,:..iva material or faulty workmanch-41, O furnished or installed by the maid Principal,, for a period Of One (1) Yedr from and r.:ter the date of the co-.i?letion and rcce?tanee of payment.,. ' One (1) Year fro.,= - s•1;0ji Zir'uFO:2E, if the said ?rincipal shall far a period of. and Eftor-06 dato o= tae completion and zcco?.ance of the said work by said Obligea re?laet dnd:repair any and all.Zafectiva »ate`ials or faul;y wor',caanchip in said work, then-the abw)va obligation is to be void; otherwise to retain in full force end ef.ectf . SSMO*with orx :teals and datad this 31st _ day of :larch , 19al_. • STEM C VCTI CC?iPPM • • ` GEiJi•ttAl: I%. SLMJk%CE CL< A.NY OF JLNER1CA O (surety) - Barbava xa*cdcas. Atto:nsy-ir.-?act . GENERAL INSURANCE COMPANY OF AMERICA Hsu Dff": 4W 11 d4" Am M.E.. Sway 11.A-9160 10105 eusee~ POWER OF ATTORNEY No. 2174 KNOW ALL MEN BY THESE PRESENTS: That Gen*M Insurance Company of America, a Washington corporation. does hereby appoint ..........................MHEAl1A ROOM". Fort Worth, T-----•--••-••••••----•-••- its true and lawful attorneys)-in-fact, with full aurhocity to execute on behalf of the company fidelity and surety boo ds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind General bosurancu Company of America thereby as fully as if such instruments had been duly executed by its .egularly elected officers at its home office. IN WITNESS WHEREOF, General Immrarom Company of America has executed and at testea Thew presents this 19 _ day of October ,19 70 ......r.swsrcw..e. m.oa M s.uun..KSOro CERTIFICATE Extract from the By-Laws of General Insurance Company of Ameria- "Article VI, Section I!-FIDELITY AND SURETY BONDS the Resident, any Vice President, and the Secretary shad each have authority to appoint individuals as aitt+rneysain-fact or under other appropriate tills with authority to execute on behalf of the company fidelity aad surely bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment, the signatures troy be affixed by facsimile. Or. any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a far.simile thereof, may be impressed or affixed or in any other manner rr yroduced; provnicd, however, that the seal shall not be necessary to the validity of any such imInxioent or undertaking." Extract from a Resolution of the Board of Directors of General Insurance Comparky of America adopted July 29.1970 "On any ce: t1firie executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article VI, Section 12 of the Bylaws, and (ii) A copy of the power-o(-attorney appointment, executed pursuant thereto, and (tai) Certifying that said powerofattorney appointment is in full force and effecl, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, W. D. Namrnetsla, Secretary of General Insurance Company of America, do hereby certify I'.! the foregoing extracts of the By-Laws cad of a Resolution of the Board of Directors of this corporal ion, and of a Power of Attorney issued pursuant thereto, are true _ad correct, and that both the By-Laws, the Resolution and the 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 31st day of l/are>. ,19 71 I~ i~MAIE SEAL a~ X 0 ~W-Mzz '119 S-"a ma aiao N i `•(V -~i Vii!.. ~4~'•~' s r'~-{j fri; y~•~;.~ ~yK1i t`.G~f YS'i/frr~.♦~ t i:t i~w~• .M1 t.~ £At Kos t~~ P ♦ kik ~ i~ ~ `c. r ♦#y_a~~ ).tom ♦ :Xi W ~If.~,•S.'- ~ .t^~-~~ t .~%f,~. ti r, i. * +':,-•s kt^~+~ ',S •..-.fXGZ:- iY1J' i T. c t~w."'~TTii'111 Ali e s,st ~iCt ~ 'Z s(~~.(~ ~ '*J,ty < J ~'y .7 1': . f• . r y~'i• i. pp, 889325 ON BEHALF OF STEED CONSTRUCTION COIIPMY TO CITY OF DENTON, TEIIAS nw.,G.,.. sue..v.r:•.r.w... S-11 Ito 12'6/ sun I N T E NIA X.C E B O N D r Iry\ 3Y .iriESE PRESB1?S: { 1:~O:d ALL IA•_ y,Z, STEED WISTRUCTION COMPANY (he:cinaftor I{~ call.cd e4a Principal), as Prir.cipr.i, :Mad tic GENERAL INSURANCE COMPANY OF AMERICA • , a corporation organized and eoing busiaecs under and by virtue of Clio l'ws of the State of WASHINGTON and duly licensed for the purpose N ~ of makir„ guaranteeirZ or beco=ino sole surety upon bond or undertaking required or authorized by the laws of the State of Texas as.Surety, are hold and firmly _ bound i ato. r jTY of n8tnoN. TEIL4S____~ ,hereinafter` • - called the Obligati in the just and full cum of Nine Hundred Nine and NO/IOO- Vollars is (~•gpn ~ lawful money of the United States of America for the payment Off whia`►, wall and truly to be made, we hereby bind ourselves, our successors and ,assigns, jointly and severally, firmly by thgse presents. WHEI;EE.S, on the ~8th _ day of March , If 71 ; the said _ Frincipal, • or. contractor, entered into a contract for Mater and Sewer Facilities, South Ridge (,e'nrnr_ South Ridge Addition f WEREAS, under the terms of the specifications for said work, the said Pr-iucipal ' Is required.to give a bond in the saount o. Nine Hundred Rine and NO/tOO- _ r - - - Dollars 409.00• - •to varantea the replacement and repair of defective material or faulty workmanship, t furnished or installed by the 'said Principal, for a period of 'One (I) War f from and after the data of the ewpletion and acceptance of payment.,. ti-NOW TREWORE, if the said Princi?al shall for a period of dnt rl) Year froz~ - ; and after-the date o! the completion and acce?cance of the said work by said Obligea replace dnd.•repair any and all.*defective materials or faulty workmanship in said work, then-she above obligation is to be void; otherwise to remain in full force a.zd effect. • SBALED"with our seals and dated this 31st _ day of March , 14 11 STEED CO T TIO MPAN ,i pr By GENERAL 124SURANCE COMPANY OF AMERICA - 0 . (surf=Y) -Bar are Ros~lttoracy- in•Faet kka GENERAL INSURANCE COMPANY OF AMERICA Name Whet; 450 SmAliw An. NX, S.rW, weskagry, 06105 o~saoo ..wluwa POWER OF ATTORNEY No. 2174 KNOW ALL WEN BY THESE PRESENTS: Thal General Insuraom Company of America, a Washington corporation. doc s hereby appoint ----.-.-------------------BARBARA ROIOfAS. Fort Wortba Texas------------------------ its true and lawful attome)(s)•imfaci. with full authority to execute on behalf of the company fidility and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind General Inprrance Company of America thereby as iully as if such instruments had been dAy csauied by its regularly elected officers at its home office. IN WITNESS WHEREOF, General Insurance Company of America has executed and attested these presents this 19 day of fret r ,19 70 . O IYYII •SlA yfpltTlMT OD.OO~M. 0IFAM.,NInABYf CERTIFICATE Extract from the By-Laws of General Insurance Company of America: "Article VI, Section 12 -FID£UTY AND SURETY BONDS the President, any Vice President, and the Secretary shall each have authority to appoint individuals as attorneys-infact of under other appropriate ticks with authority to execute on behalf of the company fidelity ar.d s nety bonds and other documents of similar character issued by the company in the course of its business On any D.attument making or e-Aencinf. such appointment, the signatures my be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, haveves, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of General lnswanee Company Of America adopted July 29,1970 ''On any certificate executed by the Secretary or an assistant secrelary of the Company setting out, (i) The provisions of Article VI, Section 12 of the Bylaws, and (u) A copy of the powerofallomey appointment, executed pursuant thereto, and (iii) Certifying that said poweaof-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, W. D. Hammenh, Secretary of General Inwrance Company of Amern.a. do hereby certify that the foregoing extractsof the By-Laws and of a Resolution of the Board of Directors of this corporaik n, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws. the Resolution and 6se Power of Attorney are still in full force and effect. IN WITNESS WHEREOF.1 have hereunto set my hand and affixed the facsimile se'1 of said corporatio- Isathis 31st day of March ,1471 t~' I 3 CO M It SEAL tc a►~ . ,r,r[aulffa[TUr O I92~ S_912 nor We .4 f y r' ; it ti~jj)~.ly '~/S,~`'T:/~~ L~•;(- v ~~.fr Y.'~.Y .1 Ii. ~ Sj ri Y3~i %J ~O. 915226 SUED CONSTRUCTION CORPANY ON 6ENAlf OF t TO CITY OF DENTON& TEXAS lwtaw.r.Gyr~r...e.yr.N S-a S.3) RI 12.64 . WESTERN SURETY COMPANY one q A -s oldest &fA" et> ua CHICAGO • SIOUX FALLS 0 DALLAS PALO ALTO • BALA•CYNWYO. PA. a J CONTINUATION CERTIFICATE IS Dollars. In consideration of III* Sum of •_-••ien aad No/lOQ-------- 10.00 II - ) %he Western Surety Company hereby continues in force Bond No. 1220161 12 31 'n the sum of ---One Thoupnd avid do/100• ) Dollars, P on behalf of Shugstt Studios, Inc. of _ Leve118a Texaa as Photaftrooher F1 in favor of _ City of Denton Texas J- ` for the term beginning on the 17th day of June 191, andand eing 1`. , on the 17th day ut Juae , 19 72 , subject to all the covenants and conditions of said Rand heretofore issued. Surety { l o This continua ion is issued upon the express condition that the liability of the Western ji Company under said Bond and this and all continuations thereof shall not be cumulative and shall in fd no event exceed the total sum above written. Dated this. 17th day of ?larch , 1971 Irl WESTERN SURETY COMPANY j I RtJ' ' tARYAttorney in Fact THIS "CO'1tMWt10R Certificate" fAtl$T BE FILED WITH THE ABt1N8 BOND I ~l 1 11r i a~~5 ~~c.t p,,. f,L'...,,. . ,CITY OF DENTON TAX ADJUSTMENTS FOR VIC M0:111 01~ MARCH, 1971 Automobiles Personal $ 1,035.19 I-subtle Homes 217.52 Real Estate 31.76 Business 26.10 $ 1,310.57 llugh Nixon Tax Assessor-Collector City of Denton. Texan C I T Y OF D E N T O N S U P P L E M E N T T A X R O L L FOR THE MONTH OF MARCH$ 1971 Real Estate NAME SUPPL J YEAR VALUE TAX Ceorgis Stands Massey 008000301 1970 Parcel 3 $ 14.91 J. H. Jackson, Jr. 476000500 1970 $7,680.00 115.20 $ 130.11 i C I T Y OF D F N T O N T A X A D J U S T M E N T S FOR THE 1;0:411 OF MARCH, 1971 Tersonol Troperty Automol-ilcs ACCO'.,1: f 1RA11: h i;ER YEAR VAI.IT SAX _ REASON Bert D. Akers 999900365 1970 $ 06.00 $ 2.25 Unable to locate Stanley Andrews 999901205 1970 160.00 2.40 Non-resident.Temple Pamela Barnes 999902375 1970 520.00 7080 Student-Fairbanks.Alaska G. D. Bonner 999904450 1970 160.00 2.40 Unable to locate C. A. Butler 999906780 1970 180.00 2.70 Non-resident.Frisco Thomas F. Carrigan 999907525 1970 340.00 5.10 Moved-Mass. Mrs. L. F. Doherty 999912005 1970 340.00 5.10 Outside city Donlen Leas Cop. 999912065 1970 650.00 9.75 Not a Denton Address Gerald G. Firzpatrick 999914125 1970 160.00 2.40 Non-resident Roy Garcia 999915620 1970 520.00 7.80 Paid on another car Robt. J. Giese 999916220 1970 860.00 12.90 Student-Milwaukee, Wis. Geo. Grissom 999917455 1970 940.00 14.10 Military Jimmie Hall 999917930 1970 51.0.00 8110 Moved-California A. T. Kennard 999923995 1970 940.00 14.10 Did not own Jan. 1 Joe Moore 999930905 1970 340.00 5.10 License tag stolen J, L. Po-jell 999935145 1970 940.00 14.10 Outside city *iike Psestoa 99993522D 1970 460.00 6.4ir• ?like Preston 999935225 1970 19080.LJ 16.20 John Cannella Stewart 999942155 1970 690.00 10.35 Student-Sherman 4t-e. J. E. Tattus 999943180 1970 3.50.00 5.40 Do not ova oseph 6 Helen Thomson 999943970 1970 500100 7.50 Did not own Jan. 1 Ralph L. Tylor 999944895 1970 180.00 2.70 Did not own Jan. 1 Ted P. Williams 999147495 1970 650.00 9175 Student-Groves Automobiles-personal Page 2 AGCC1i"N' , 1w11: t:.~l'_1:': YF.AA. Vl_.~ ! XA:AX ~it:A5(1>1 Eugene R. Wittke 999948120 1970 520.00 7.80 Student-New York Bert D. Akers 999900440 1969 200.00 3.00 Unab17 to locate Pamela J. Barnes 999902345 1969 160.00 2.40 Student-Fairbatike.Alaska Pamela J. Barnes 999902340 1969 650.00 9.75 is James Barnett 999902400 1969 160.00 2.40 Unable to locate G, D. Bonner 999904630 1969 340.00 5.10 " *lrs; B. L. Brady 999905275 1969 1,940.00 29.10 Non-resident 4. L. Brady 999905295 1969 540.00 8.10 of Hubert Briscoe 999905740 1969 340.00 5.20 Non-res.Peralta$N.M. Alvin J. Brown 999906020 1969 1,350.00 20.25 Unable to locate Cary Brown 999906055 1969 1.11.0.00 1.50 Student-Wichita Falls Edwin Brown 999906085 1969 3.75 Adjustment-non-resident Jetry L. Bruce 999906395 1969 340.00 5.10 Did mt own Jan. 1 L. P. Bumpers 999906645 1969 500.00 7.50 Unable to locate Herbert Burchett 999906755 1969 160.00 2.40 In pen-Huntsville Gw-rge Burnett 999906905 1969 340.00 5.10. Unable to locate George Burnett 999906900 1969 520.00 7.80 " Itos. F. Carrigan 999908060 1969 520.00 7.60 Y.oved-!lass. Robert Chancellor 999908645 1969 540.00 8.10 Street number not Dento John Clifton 999909445 1969 260.00 2.40 Stu6snt-Cladewater 11. Cunningham 999911375 1969 760.00 11.40 Student-Amesterdan;Holla .Kenneth Say George 999917405 1969 520.00 7.80 Student-OrlaadojFla. Norris J. Gray 999918400 1969 650.00 9.75 Unable to locate inch Jackson 999923895 1969 550.00 $.25 Student-&.'~set Ronald Kelley 999)25665 1969 650.00 9.75 Student-Stamford B. ii. Killian$ Jr. 999926065 1969 760.00 5.40 Outside city B. Killian, Jr. 999926070 1969 400.00 6.00 asses Kiag 999926230 1969 520.00 7.80 Student-coved Jiaoy Kirby 999926365 1969 520.00 7.80 Student-Sberman Automobiles-ppersonal Page 3 t_1:1 l; 1:1101:0,11 YKA!' VA7.U1_ _ TA\ Gerald Lynch 999929155 1969 13,350.00 20.25 Student-Clarksville James Martott 999929710 1969 680.00 10.20 Outside city Randlal A. Martin 999929970 1969 690.00 10.35 Student-Dallas Don McCarty 999931350 1969 860.00 12.90 of David Miller 999932645 1969 650.00 9.75 Student-Ft. Korth Ellen Miller 999932680 1969 380.00 5.70 Student-Houston Pamela Jean Viller 999932860 1969 340.00 5.10 Student-Houston Wm. N. Mitchell 999933260 1969 690.00 10.35 Student-Waco Robt. C. Mogueira 999933355 1969 300.00 4.50 Student-Corsicana Hossein Molavi 999933390 1969 160.00 2.40 Student-Isfahan,Iran A. E. Nettleton 999934945 1969 520.00 7.80 Student-Temple John C. Stewart 999945540 1939 860.00 12.90 Student-Sherman Billy J. Suggs 999946145 1969 380.00 5.70 Outside city Gerald E. Swiff 999946360* 1969 1,040.00 15.60 Student-Galvescon Ted Williams 999951170 1969 100.00 1.50 Student-Groves Eugene Wittke 999951855 1969 500.00 S.45 Student-New York Lou Almond 999900885 1968 650.00 9.75 Outai•le city James K. Elliott 999914295 1968 340.00 5.10 Student-Ceder Rapid,Iow Henry L. Graves (4)9918190 1968 650.00 9.75 Student Charles S. Griffin 999916635 1968 400.00 6.00 Student-Ceneva, 111. Ester Griffin 999918610 1968 20470.00 37.05 Moved-Richlmond,Va. Jobn C. Allred 999900100 1967 340.00 5.10 Student Margsret.Begley 999900389 1967 500.00 7.50 Unable to locate Robert Colvins 999901047 1967 690.00 10.35 Address unknown Gravitt 999901620 1967 180.00 2.70 Unable to locate N. G. Johnson 999902804 1967 180.00 2.70 Address not in Denton James K. Judkins 999902913 1967 520.00 7.80 Unable to locate Joyce Judkins 999902914 1967 340.00 5.10 " F. A. Kettner 999902930 1967 650.00 9.75 Student-Seagoville Automobiles-per-onal Page 4 ACCnUC F 1?ir NO.II*17: MI, VALUE TAX IAS11N John C. Allred 999900101 1966 650.00 9.75 Student Herbert Burchett 999900720 1966 100.00 1.50 Huntsville prison Wayne Gravitt 999901621 1966 310.00 4.65 linable to locate Lawrence D. Gregory 999901683 1966 160.00 2.40 Wayne Johnson 999902802 1966 1,050.00 15.75 Student-Olney Bobby Joe Judkins 999902908 1966 860.00 12.90 Von-resident-Carrollton Joyce Judkins 999902915 1966 520.00 7.80 linable to locate Martin Kahn 999902921 1966 19030.00 15.45 student-Corpus Christi Hsu Hsiung Kang 999902925 1966 340.00 5.10 Student-Taiwan, China Herbert F. Kaps 999902926 1966 380.00 5.70 Oiotside city Ray E. Karrer 999902929 1966 340.00 5.10 St.uient-San Antonio Robert W. Keirs 999902944 1966 460.00 6.90 Address unknown on route Billy W. Powers 999905595 1966 520.00 7.80 Too old Joe Barnes Motor Co. 999900293 1965 730.00 10.95 " Fber R. Bartee 999900330 1965 940.00 14.10 " Wayne Gravitt 999901622 1965 385.00 5.77 linable to locate Bobby Joe Judkins 999902909 1965 160.00 2.40 Hon-resident-Carrollton Flora 0. Karr 999902928 1965 300.00 4.50 Student-coved Bonnie K. Powell 999905581 1965 300.00 4.50 Too old Lewis 6 Odessa Harwell 999902016 1964 770.00 11.55 Too old Bobby Joe Judkins 999902910 1964 500.00 7.50 " J. J. Kay 999902931 1964 180.00 2.70 Student-aoved Bonnie K. Powell 999905582 1964 650.00 9.75 Too old Harlin Beek, Jr. 999900374 1963 200.00 3.00 " Marlin Beek 999900375 1963 300.00 4.50 " Lewis & Odessa Harwell 999902017 1963 590.00 8.85 " Halton E. Kesth 999902933 1963 300.00 4.50 " Henry L. Keathy 999902935 1963 760.00 11160 " Richard D. Keeler 999902939 1963 10010.00 _ 15115 " CA zt "I Autonobiles-personal Page 5 At:Cil[~°J i e:nrn I:' t! k YE.1h }.Al l[C _ SAX CLEA_SOV Mrs. Thelma Keeling 999902940 1963 550.00 8.25 Too old Bonnie K. Powell 999905583 1963 760.00 11.40 " Eber R. Bartee 999900331 1962 160.00 2.40 Lawrence D. Gregory 9?9901684 1962 160.00 2.40 Unable to locate Charlene Kagler 999902911 1962 940.00 14.10 Student-moved Romualdas Kalinauskas 999902922 1962 350.00 5.25 " Walton E. Keath 999902934 1962 400.00 6.00 Too old Barbara Ann Kee 999902937 1962 550.00 8.25 Student-moved Charles Kenneth Keese 999902941 1962 700.00 10.50 Too old Dona A. Keith 999902946 1962 650.00 9.75 " Bonnie K. Powell 999905584 1962 700.00 10.50 " Bobby Joe Judkins 999902911 1?61 160.00 2.40 " Roamslda Kalinauskas 999902923 1961 550.00 8.25 Student-saved Wanda J. Kedd 999902936 1961 940.00 14.10 Too old Charles Kenneth Keese 999902942 1961 650.00 4.87. " A. L. Barnett 999900299 1960 520.00 7.80 it Harlin Beck 999900376 1960 160.00 2.40 " A. L. Barnett 999900300 1959 580.00 8.70 " Eber Bartee 999900332 1959 100.00 1.50 01 Hugh Johnston 999902806 1959 290.00 4.35 Student-too old Vernon Kady 999902916 1959 100.00 1.50 to A. L. Barnett 999900301 1958 640.00 9.60 Too old Eber Bartee 999900333 1958 140.00 2.10 " Eber Bartee 999900334 1957 300.00 4.50 C I T Y OF D E N T O N T A X ADJUSTMENTS FOR THE HONTH OF ?LARCH, 1971 MOBILE 110:1ES ACCOIr:T N&ME Klrt::I:I: YEAk VAIAV* TAX •RF.ASOY C. B. Bland 950000075 1970 10475.00 22.13 Moved out of town Shirley Chasteen 950000215 1970 950.00 14.25 " C. F. Housden 950000445 1970 11100.00 16.50 " Ola C. Moore 950000615 1970 750.00 11.25 Unable to locate Sam F. Sammy Soules 950000860 1970 1.7G'U.00 25.50 Moved-unforwardable Beverly Williamson 950000990 1970 400.00 6.00 Moved-Texarkana C. F. Housden 950000445 1969 10275.30 19.13 Moved out of tow Phillip Dean Johnson 950000485 1969 675.00 10.13 Student-Pittsburg Gordon Ramsey 956000740 1969 750.00 11.25 Address unknown on rout James Sheffield 950000820 1969 19275.00 19.13 Moved-unforwardable Carl Smith 950000860 1969 750.00 11.25 Student-moved Ned Underwood 950000900 1969 19700.00 25.50 Address unknown on rout Larry Wallace 950000940 1969 19700.00 25.50 " rC I T Y O F D F N T 0 N T A X A D J U S T M E N T S FOR TII',::bSTfl OF MARCH, 1971 REAP. ES`PA7£ 1~000111~ i_ NAME. NU:iY.I:R WAR VATATC 'TAX REASON Ws. P. Jones 1320-01000 1960 9.00 Adjust on assessment Pearl Nelson 1400-01400 1938 .65 Too old Pearl Nelson 1400-01400 1937 .63 It Pearl Nelson 1400-01400 1936 .86 " Pearl Nelson 1400-01400 1935 .71 " Pearl Nelson 1400-01400 1934 ..72 " Pearl Nelson 1400-01400 1933 .72 " Pearl Nelson 1400-01400 1932 .87 " Pearl Nelson 1400-01400 1931 1.14 " Pearl Nelson 1400-01400 1930 1.36 " Pearl Nelson 1400-01400 1929 1.37 " Pearl Nelson 1400-01400 1928 1.43 " Pearl Nelson 1400-01400 1927 1.43 " Pearl Nelson 1400-01400 1926 1.31 " Pearl Nelson 1400-01400 1925 1150 " Pearl Nelson 1400-01400 1924 1.49 " _Pearl Nelson 1400-01400 1923 1.56 " Pearl Nelson 1400-01400 1922 1.21 " Nelson 1400-01400 1921 1.30 " Pearl Nelson 140041400 1920 1.20 " Pearl Nelson 1400-:,,11.130 1919 1.30 " C I T Y O F D E N T O N T A X A D 3 U S T M E N T S FOR THE P.0::1'il MARCH, 1971 BUSINESS YF.RSO.\'AL ACCOUX7 I1L111a ti.ii~iK YEAR VALUE 'PAX REAS(W R. L. Meador Nursery 912002000 1961 840.00 12.60 Too old R. L. Meador Nursery 912002000 1960 300.00 4.50 " R. L. Meador Nursery 912002000 1959 300.00 4.50 R. L. Meador Nursery 912002000 1957 300.00 4.50 " x!,.10 CIA J NO. S-0 8 SPECIFIC USE PERMIT AMENDED MARCH 23, 1971 ORIGINALLY GRANTED MARCH 19, 1969 Requested by Johnny Mozingo for the American Legion. On property described as Lot No. 8 of City of Denton Block No. 276-D, and also known as 2500 Spencer Drive, Denton, Texas: Johnny Mozingo, a citizen of Denton County, did on the 19th day of March, A. D. 1969, apply for a Specific Use Permit to construct a new American Legion home, and was granted such per- mit on May 13, 1969 by the City Council to construct such American Legion home at 2500 Spencer Drive on a lot of 17 acres in a Agri- cultural District as shown on the Zoning Map of the City of Denton, and to use same as a Legion Home. Said permit is now and hereby amended to include the use of one mobile home on said property, aQ a dwelling, subject to the provisions of Chapter 23, Article III of the Code of Ordinances of the City of Denton, being the mobile home park ordinance. This permit amendment shall terminate as to the mobile home ube if such use shall be abandoned for a continuous period of one year, or upon the violation of any ordinance or statute pertaining thereto. GRANTED THIS 23rd day of March, A. D. 1971. CITY OF DENTON# TEXAS BYs Or. _49444 ALEXANDER . F N MAYOR PRO ED MCK Q. BARTON GTY ATTORNEY ~..e ~ ~ w n H H ►C ~1 O 'iJ b H ~ ~ ~ z H 3 ~yy ~ t'7 ~~seo v~ y. . . . , l } t MAINTENANCE BGND )NGN ALL IAN BY THESE PFESF-MT.S: That, CLEM H. SMITH - ..~,eroirAafter called the Principal) as Principal, and THE k7. 4^ CASUALTY AND SiPiEIY CG+°ANY, a corporation organized and existing under the is:rg of the State of Connecticut with its principal office in the City of Hartford, Cornecticut (hereinafter called the Surety), as Surety, arv hel,: and firmly bound unto THE CITY OF baff H, TEE (hereinafter called the Cbligee), in the just and full sun of TWO "sus SIG BWRW SSY M` -F= AD K /3/100 02*87t(,1.531I NN-N-NN N Dollars, to the payment of which sum, well and truly to be made, the said Princi- pal and Surety bind themselves, and their respective heirs, administrators, ex- ecutors, suetessors and assigns, jointly and severally, firmly by these presents. Wks MW9000 X ^36K 6iMUS, the Principal has paved streets and installed curbs and gutters in loyal loree Addition, Section No. b containing a portion of Buokingham Street, Sum Valley Street, Shoriton Road, Hercules Lane, and all of Huntington Drive and Hiltat Place city statute WHEREAS, xxt9mcatcoxt requires said Principal to indemnify the Cbliges against defective materials and workmanship for a period of one year Vpppr acceptance of said streets, curbs and getters. NOWO TPIWOU, The Condition of this Ob) igation is such, that if the said Princi- pal shall fully indemnify the Cbligee for any loss he (they, it) may suffer through the failure of the Principal faithfully to observe and perform each and every ob- 11,6e-ion and duty imposed upon the Frincipal by the said haintenance guarantee, there this obligation to be void; otherwise to remain in full force and virtue in law. Provided, HCiMMs it shall be a condition precedent to any right of recovery here- under, that in event of any default on the part of the Principal, a written state- ment of the particular facts showing the date and nature of such default shall be I mediately delivered to the Surety by registered mail. at its Home Office in the City of Hartford, Connecticut. AND PROVIDED FURTHER, that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within three months after the expiration of such X&Intenance period. iy wITNMS Tf.°rRECF, the said Principal and Surety have signed and sealed this instrument this 4th day et YAWNh Principtal) BY ! TY ND. SURLU COMPANY BY Attar-ay-In-fact, Kimeo 78 oho R.Stooktoa THE /ETNA CASUALTY AND SURETY COMPANY Hartford. Connecticut 06115 t~acsu~uv POWER OF ATTORNEY AND -ZERTIFICATE OF AUTHORITY OF ATFORNEY(S)•IN•FACT KNOW ALL MEN BY THESE PRESENTS, THAT THE .tTNA CASUALLY AND SURETY COMPANY, a eceporatioo duly organited under the laws of the State of Connecticut, and having its principal office in the City w Hartford, County of Hartford, State of Connecticut. bath made; constituted and appointed, and does by these presents make, constitute and appoint E. Eugene Rupert a John R. Stockton, Milliam N. Hight or Keith Fiscus * of Dallas, Texas , its true and lawful Attorneys-in-Fact, with full power and authority hereby ena- fefred to sign, execute and acknowledge, at any place within the United States, or. if the following line be filled in, within the aces theme d"402ted , the following instru [tent (a) by his sole signature and act. any and all bonds. tecogniranfices, contracts of indemnity. and other wtitings obligatory in the nature of a bond, recognisant, or cooditiotvl wtdettak:ng, and any am all consents incident thereto sad to bind THE AIcTNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the duly outhoriud ofcen of THE AETNA CASUALTY AND SURETY COMPANY, and all the acts of said Attorneys-in•Fat, Pursuant to the twtbority herein given, as hereby ratified and confirmed. This appiintroeat is vAde under and by authority of the following Provisions of the By-Laws of the Company which provisions are now in fall force ood Overt and are the only applicable provisions of said By-Laws. ARTICLII N-Smiom 9. lbt President, say Vin Pre"oe, of soil, Smeouv may from time a time "Pow IInidea Via Ptesideoa Resident Assistant Seue- win. Aaoraty*iaFact, and Agem o so for and on Wall of she Compaq sad may give toy sucb appoiawe smb autbority as his arnitKaae of authority dv Pa- s sbe o tip srib she Compan{t one and sea! with the Cnmpan~ s wl bonds remani:aoces. coruacts of indemnity. and other wtiriags oblipmey is tee d aumre of a bood, wogoissooe, or coodidonsl undertaking, and soy of" of&en or the board of Diwoon ar st soy dare semose sty sob a v i ,*a revoke the power sad authority gives him. ARTICLE IV-Sectlan 10. Any hood, raogaiaae. cosuan of i q a rnrie~ obti @wy in the aware of a bold, necopinom or coodidooal r dnukine"be valid and bin6sg opom tht Company when (a) ss4sedd by the Peaidea or a Vice Presidew or by a Resides Via Pm;dea% a bs poasr pe+xabed in the certificate of su*miry of sub Resident We President, and duly amrswd sad sealed with tbt Compaay's ad by a or Assistant Secseaw or by a Resident Assamos Secretary. pursuant so she poser prescribed in the Zeni6ate of sodiotity of ssch Resides[ Assistant Seaver( at (b) day esemod (coder seat, if required) by one at more Anoroepiafea pt.rsum a the poser ptam"bed is Isis at brit certificate at outifmw t~ wa&O . This am" of A teed Certificate of Aadwr.'ey is signed and sealed by fusimile under sod by sushot;ry of die folbwsry Resolud" vonad by the Hood of Directors of MM A CASUALTY AND SURETY COMPANY or a meeting duly called sod held on the 21ad day of November, 19th). VOTED: Thar the waoaare of William O. flailry, Senior Vice Fresidear, or of Andrew H. Aodenm. Via Fnsidev; as of D. N. Gage. Anisom Vice Fra- ilest, a a( Nd H Phntrier, Secrosry, or or Raismio I. Ramiaa. Secreor; or N Canis K. Shaw.:ecnaq. A w the sat of she Comew aq be abet by faoimr7e o any power of anomy at to any tertificam retain; therem oppointing Resides Vice Fmideaa, Resident Auiseat Secretaries or A/maneyri► Fact fag purposes ably of f~tdee and *rtodryt bonds and urderakimp and otbcs weiriaSs obl gawrr in for axon the•.eof. and any such power of rorx~ of catificate bearing socls aniawle signaure or facs:aule seal *4 be valid sad bimtins upon the Company and any such Pow. a enecvted sad atu6ed by ssah foc6milt stgoxare and facsimile seal *all be valid and bialing upon the Compaq in the (sate with respect o may bood or tndertakigg o whirls IN Wf7NE.qS WHEREOF, THE AMA CASUALTY AND SURETY COMPANY has caused this instrurmnt to be signed by its Secretary , and its corporate seal to be hereto affixed this 30th day of October . 19 70 THE )ETNA CASUALTY AND SUR"_Y COMPANY r.. ' /`//5~~tc✓ State of eAOOOecticnt L~ County of Hartford Hartford ...,.tee ;4,..». by Secretary Oa Ibis 30th day of October . 19 70. before me penonaily am CURTIS K. SHAW to me known, who, being by me duly s►om. did depose and say: that he is Secretary of THE )ETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above imttuaserd; that he Mows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; and that he executed the said instnmsent on behalf of the corporation bf authority of :.:s office under the Bylaws thereof. s. woe" raw Mr ew~.a rd )1. /9 7 CERTIMCATE I. the uadeaigmed. Secretary of TIIE &TNA CASUALTY AND SURETY COMPANY, a stock corporation of the State of Connecticut, DO HEREBY CERTIFY the the fntegoing and attached Power of Attorney and Certificate of As- tbority, remains in full force and has not been revoked; and furthermore, that Article IV-Sections a and to, of the By-Laws of the Company. and the Resolution of the Board of Directors, as xt forth in the C.tificate of Authority, are now in face. Signed and Sealed at the Home Office of the Company, in the City of Ilarford. State of Connecticut. Dated this lath day of Maroh .19 71 ~~dJf .tom J~<~~«s^~ eau. Secretary fLtlra•q Vq us tti~ iH~i~ f ~ eG I y. - CERTIFICATE OF OWN[R - rn.Itt V- 10K e SUBSTANTIAL ,P(RV-1 _ COMPLETION ri111EC AAA DOCUNfivr PROIECT:Fire Station No. Three (name, ; `;I!(e-- #70-6895 Denton, Texas • --ONTRACTOV: Bert Moore Construction Co. TO (Usher) F- AK(*illlfCl5 no!cCF xo: CONTRACT FOR: $112,619.50 City of Denton • Denton, Texas CONTRA( T DATE: August 24, 1970 DAIE OF IScLIANCE: 3-17-71 PROJECT OR r C51G~AT[I) ARIA `ilAll. !NC*.1.E:C. The }York perr.rtnxd unr'cr ;I:.k (•-0!r,o il.is !,(n rI .Ia::ir _r•n , 1;rd it. :.c «:b<!.:ntiaily (on•plctc. The Dee of iub- stamial Completion is helOr: uo3!,hkilvd as •.%hie!I is also the (t.e:e, ul ,<,rnmcac,rrcnl r i +l :::rr• I :•r+l wir wqr= ;crluirc-d i)v Iba• l'onlua Onrumerils. e DETIV[TION Of DATE Of SUBSTAXTIA! COMPEE1110N The 9ale ul Sibstanlial Coogrtcllpn Of II:C Wtjlk Gr d !.+•Ilr,:r t!-( I- I i 11.1- 1M!17 certified by the Architect when construction is suificicntly «mip!ete, m accordance silh the onlra(l UIOCu-i.,ni,. -n d:e 0Arcr may OCCUPY the Work or designated portion thereof for the a>c f(•r :.hich it .s intend-d. A list of items to he complelyd or cerre(ted, prepared by 16e Contractor and :eriiicd and amended by the Aichiteet, is appended hereto. the 64;jre to include ary items cn such list /d,.,-*, not ahcr th e-p.)nsibi!iiv of the Contractor to coal. plele all Nrork in accordance %%iih the Contfact Documents. The Architectural Collective, Inc. ekly 3-19-71_-- ARCHITECI BY OAI E The Contractor still complete or correct the :York on the list of items appended hereto ctii:l.in 30 days from the above Date of Substantial Completion. • Bert Moore Construction Co.__ _ • ""'1. _ . / y_`7 7 - - CONTRACTOR BY DATE The Owner accepts the Work or designated portion (hereof as subslantiAly complete and sill assume full posscs:ion thereof at 8:00 A.M. (lime) on~ h 19„ *71 - !date(. - T'- x'23'7/ e City of Denton rl OWNER 8 DATE - The responsibilities of the Osner and the Contractor for maintenance, hexh utilities and insurance shat; be as follows: (NOTE- Ossnei s and Contrxlor's legal arJ inw.ance soumel s$wuld determine an- review inwraxe requ'remcnls and ro:erage) e AIA DOCUMENT GM - CER1I11CAlf OF SEI/STA411AE COMPLETION - SEPIEMKIt t%6 EGITION ONE PACE OM6 AlA9 1NEA.IERICA4 INS1110E OF ARCMUCTS, 1735 N.Y. AW., NAV. SYASH., O.C- 700% • • 6 ao v ~ W • • q~ R MAINTENANCE BOND THE STATE OF TEXAS X XNOW ALL XEN BY THESE PRESENTS: COUNTY OF DALLAS X That PASCHALL CONSTRUCTION COMPANY as PRINCIPAL, and Fidelity and Deposit Company of Maryland a CORPORATION organized under the laws of Maryland as sureties, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Denton, Texas the sum of Five Thousand Five Hundred Forty-one and/11/1D%ars 5 541.11 ) for the payment of which sum well and truly to a made until said _ pASC►rr. CONSTR CTION COMPANY , and its successors, said principal and sureties do hereby bind themselves, their assigns and successors jointly and'severally. This obligation is conditioned, however, that, whereas said PAS L CONSTRUCTION COMPM_ has this day entered into a written contract with Meadow Oaks Devel went Company to build and construct the Mater, Sewer, and street facilities for a sub-division in the City of Denton. which contract and the plans and specifications therein mentioned adopted by the Owner, are hereby expreF~ly made a part hereof as though the same were written and embodied herein. WHEREAS, under the plans, specifications, and contract, it is pro- vided that the CONTRACTOR will maintain and keep in good repair the work herein contracted to be done and performed for a period of one (1) year from the date of acceptance, and to do all nece- ssary backfilling that may arise on account of sunken conditions in ditches, or otherwise, and to do and perform all necessary work and repair any defective condition growing out of or arising from the improper doing of the same, or on account of any break- ing of the same, or on account of any defect arising in any of said parts of said work laid or constructed by the said CONTRAC- TOR, or on account of improper excavation or backfilling; it being understood that the purpose of this section is to cover all defective conditions arising by Yeason of defective material, work, or labor performed by said CONTRACTOR; and in case the said CONTRACTOR shall fail :o do so, it is agreed that the OWNER may 1 oft do said work and supply such-materials, and charge the same against the said CONTRACTOR, and SURETIES on this obligation, and said CONTRACTOR and SURETIES hereon shall be subject to the liquidated damages mentioned in said contract for each day's failure on its part to comply with the terms of the said provision of said contract. 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 msi.:• -t;.nce period of one (1) year, as provided, then these prea_ats 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 main- tain and repair said work, then these presents shall have full force and effect, and said OWNER shall have and recover from said CONTRACTOR and its SURETIES damages in the premises, as pro- vided, and it is further agreed that this obligation shall be a continuing one against the PRINCIPAL and SURETIES, hereon, and that successive recoveries may be had thereon for successive breaches until the full amount shall have been exhausted; and it is further understood thht the obligation herein to main- tain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF, the said PASCHALL CON UCTION Co. has caused these presents to be executed by t em. and the said Fidelity and De it Co. of Mar lahas caused these presents to be executed by is XMIORNEY-IN-FACT Paul P. Cooper, Jr. and the said ATTORNEY-IN-FACT Paul P. Coo has hereunto set his hand this the 23rd day o Ma cr 1971. SURETYs PRINCIPAL: Fidelity and Deposit Company fte^JILTV of M r land 000F / E Paul P. C r Jr. i Attorney-in-Fact 1 k ti F 2of2 r Power of Attorney ' FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME Or11CEs sunNA RE, MO. KNOW ALL MEN BY TitEs$ PRuF_4Ts: That the FiDF.LITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by A. R. FROM M , Vice-President, and H. R. BESTRY , Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By-Laws of said Com- pany, which reads as follows: The President. or any one of the Executive 4ice-Presideam or any oat of the additional Vice-Presidents specially autborited so to do by the Board of Directors at by the Executive Committee, shall have power, by and with the concurrence of the Sec. rotary a soy one of the Assistant Secretaries to appoint Resident Viet-Presidents, Resident Assistant Secretaries and Attaatya- sn•Fact a$ the business of the Company may require, or to autbori a any pawnor persons to execute on behalf of the Company any bonds, u%datakfnts, recognitauces, stipulations, policies. cootrarts, agreements, deeds, and refeaxs an'=go ments .d lod4ments decrees, mortgages and instrument► in the nature of rompCes, sod also all other instruments and docus which the bnmes of the Company may repuim and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Paul P. Cooper, Jr., Herbert Hardison, Joe N. Jay and E. L. Russell, ali of Dallas, Texas, EACH............ its true and lawful agent and Attorney-in. Fact, to stake, execute, seal and deliver, for. and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ...EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians the execution 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, =Baltimore, they had been duly executed and acknowl- edged by the reLularly elected officers of the Company at itsolFiee in Baltimore, Md., in their own proper persons. This plower of attorney revokes that issued on tehalf of Paul P. Cooper, Jr., etal, dated September 4, 1970. The said Assistant Secretary does hereby certify that the doregoing is a true cop) of Article V1. Section 2, of the By-Laws of said Company. and is now in fora. IN WiTmsss WMBREoF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the sail FIDELITY AND DEPOSi1r COMPANY OF MARYLAND, this A.D.19._7-L ATMT: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (SIONF.D) ...___..»__._.._......_._.........._..KRn..BESTRY_._. By....__........~ _.....___.....A.s..R Fr...~...._ (SEAL) A ssisfant Surdary Vru-President STATIC OF MARVLMM } as: Cllr OF BALTtttoaC 1 N skis l8th day of January . AD. 19 71 before the subacrnber, a Notary PabGe of the State d Marylaad, in and for the City of Baltimore, duly canmissiooed and ti;Z ed, came the above•mamed Vice-President and Assistant Secretary of the FtneLttr Axm Dstwstt Coreun os Maan AAV a roe arsonatty knows to be the iodivduab and o~eers dewsbed In and who exeemted the prerediog iastrmmeat. and they cad u~oow gtd the execwian of the taeoq and being by cot duly xs~~oonrax,, uverAlly sad ad fa hinudf h sad with. that they are ebe aid ofhcera of the Company afinenid, and that the sea] aSaed to the pt batromeat b ebe Corporate Seal of aid Couapaay, and that the ssid Coryorue Snl and thc'v sigaaturss as and o65oera ware d y a?iaed and aabcribtd to the ad instrument by the aatbarity and direcraa of the aid Corpmatioa lx Tatttrom Wasaw. I have hatuato set my hand and affixed my Oflcial Seal, at the City of Baltimore. the day and year list above written. (StGNEiD) ELENOR.J4.~~.T.~fl~~k....~......._........._.__..... (S"L) Notary Public Commission Expires y 1,_ 1974 • CERTIFICATE [.the unda*wd, Assistant Secretary of the Fioeuty Arm Darosir Commsrr os MAsnAim. do hereby certify that the original Power of Attorney of which the foregoing to a full, sue and correct copy. Is io fall forceand effect on the dated this ce tilcate; and I do furtbereertJr that the Viee.Preudent whop, oted the said Power d Attorney was one d the additional Vice-Presidents specially autbarited by the Boxed of Directors to appoint any Attormy-la•Fact as provided fe Article Vl, Swtfoe 2 of the ByLaws of the Fnwmnv AND Darosst CorrANV of MAaviAm This Certilnte n be signed by facsimile under and by authority of the following resolution of the Board of Directors of the Ftus M AM Dseostt OW"T OF MAtYLANO at a meeting defy ailed and befd on the 16tb day of July. 1969. Rssmvso; "That the facsimile m mechanically reproduced signature of any Assistant Secretary of the Company. whether wade heretofore or hereafter wberotitr apparing upon a smiled Copy of nor power of attorney issued by the Company, shag be valid and binding upon the lSca ; with the s me tome sad effect as thouge manually aftu ed. Its Tu motrr Waasa. I have hereunto WbsorI my acme and atbaed the corporate sad of tie aid Company. this 23rd ,.y of March .19_1 Laaits-Qr. nasfar&`anfoij ' \fir$ Q d> 's ' j. . NkVMI ii." BOND K= ALL WX N r163 RtEMRSt That, CUVW H. SlQTH -(hereinafter called the Principal), as Principal, and THB AM CASUAL? AND SUR)s'PY CONPANY, a corporation organised and wdeting under the laws of the State of Connecticut with its principal office in the City of Hartford, Connecticut (hereinafter called the Surety), as Surety, are hold end fimly bound unto City of Dentons. Texas (hereinafter called the Obliges), in the just and full sum of TEW TWUSAND SEVEN HMMM SSYSNi7--TEM AND 96/100 (=3.773.96) Dollars, to the payment of which sum, well and truly to be made, the said Prinoi- pal and Surety bind themselves, end their respective heirss &&dmistretores er.- ecutorss successors and assigns, jointly and severally, fimly Ty these presents. Ykl>MMV the Prinoipai has paved streets and installed ounrbs and gutters in Freeway Park Addition oontaining to a portion of Mess Dr, and all of Los Colinas and Barcelona City Mute iJHMIASs requires said Principal to indswdf3^ the Obliges against defective materials and workmanship for a period of one year acceptance of said streets, curbs and gutters. V W.% TMdwMO The Condition of this Obligation is snobs that it the said Princi- thhee t shall rally ohindeamify the e Principal faithfully to any loss he and (pe fom each ansuffer d every obi ligation and duty imposed upon the Principal by the said Maintenance guarantees then this obligation to be void; otherwise to ramin In full force and virtue in lax. Provided, HOtZW, it shall be a condition precedent to any right of recovery here- under, that in event of may default on the part of the Principals a written state- am, of the particular facts slowing the date and nature of snob default shall be iimediately delivered to the Surety by registered mail at its Hme Office in the City of Hartford, Connecticut. AND PWIW FUATHMs that no actions suit or proceeding shall bo had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within three months after the e3gArstloo of such Maintenance period. IN WIIN&SS TNF.RW the odd Principal and Surety have signed ands*" this Instrument this 19th dear of March c Prini t TIM AM CASUALTI AN% SUR&TY COWMW Attorney- sot H.gtookton 1Weso ?8 r THE ETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 uFEaCAl1y11.7Y POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THA'r THE ETNA CASUALTY AND SURETY COMPANY, a corpoatioo duly organized under the laws of the State of Conoodwit, and having its principal cf)ice in the Coq of Hartford, Ccwq of Hartford. Stott of Caoneetrrnt. hath made, constituted and appointed, and does by these presents nuke, constitute and appoint E. Eugene Rupert, John R• Stockton, William H, bight or Keith Fiscus * of Dallas, Texas , its true and lawful Attorneys•in•Fact, wh:2h full power Sad authority hereby con- futed to sign, extent and acknowledge, at say plat within the United States, or, d the following hoe be filled its, withio the ate there designated , the following in stniment (s): by his tole sigoature and act, any and all bonds, recogniuances. contracts of indemnity, and other writings obligatory in the nature of a bood, noogniaanee, or cooditiowl undertaking, and any and 91 consents incident thereto sod to bind THE XTNA CASUALTY AND SURETY COMPANY, thereby as fully and to the some went as if the amt were signed by the duly suttorired officers of THE AMA CASUALTY AND SURETY COMPANY, and all the acts of said Atsoroeys4n•Poet, panow le lht authority herein givim are hereby atilied and coa6nned. 'Isis sppoiotmor t is made tinder and by authority of the following provisions of the By-Laws of the Compsoy whit provisions are now In full tome sod effect cod ore the only appli eNe provisions of said By-Laws: ART= rv-Secrios S. The President, "y Vice Pttsideat, « Secretary eat fee dine so tee app" Resident Vrar Presidents;, Ralilm Aaissest Satas- s i to ~s irli C~mpaM Asm smesaud a" f~ofo~dpumm~Co~s red b dt give Say M& m 1 1 sub , e of . Said~enba ardhote wady **_&oft may y In do remonizaam ~ of dir Pv~` asd su&odq ava cosd disad uederakio8 •ad oref of said efian at she Hoard of Directors aq at •a, d" moose a" sock spokose and ARTICLE 1Y-Striae lo. hood, taopoiaaors. oaonce of ~•ndem,s~. « one w sh ssrsn of • hood, reooptesor, « eosdidosal ws• him f is8st date etawsed loader sal. J required) br one « sore AaoroelsFa-[sat pnrwane ro the pu.tr oatcr,~ed «skelt oa6iase « atdiosa e~ Sk Penn of 7W aed lkoifise of dry r and sedtd b hoimk andtr and bf wet oriy n[ ebe lowlis Isdados voted a tie lead euf Die om of T A C1l5UALTY ANAo O SURE7Y COMPANY ar a oeedop d* alkd sod MeW on eLe 22nd des! d Nostashet. 196x1 V OM: Tltat the ''yr of Sullins O. Bailey.. Senior Viot Presidem. « of Andrew H. Aaderae. Vice Tmi4n% « of D. N. Gye, Atwmt Viot Prey litre, « of Ne,7 H. Mwod. Secrevy. ~t of leniasio 1 Raddina. Saretar►. a of Caw K Shw. Seaetarl. red eke Beal of +ke b~ htaisik to ~l ptrwtt of assoraef or es nay «rsi teI i s thetao Brie it Resider Vice Pteudea s, Resident Awismt Sane fat Asotseys•ia tYR fat pwpoua ady of Combws sea anewas booths and uadetnkinp and other wririap oblipahry to the Nature thereof. and Sol net power of at ondbtMt beariss seek Gnisik signature or f"mile seal shall be valid and binMs upon rut Compaq Sad may sack power so ezenad Sad u~t~•k signsarre and facsimile seal shall be valid and binding opoo the Ca"y in she future with aspect an Sol bond at oaderukiss an UN& by sueb RV WrlNESB WHEREOF, THE. jfT'NA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Secretary , and its corporate seal to be hereto affixed this 30th day of October .19 70 THE XTNA CASUALTY AND SURETY COMPANY swat Coooetticttt ~ By Co" of Hartford 1 a. Hartford (r„ . Secretary Oil this 30th day of October , 1970.1 et«t me perso ally umc CURTIS K. SHAW to we knotsk who, being by me duty sworn, did depose and say: that he is Secretary of THS AMA CASUALTY AND SURM COMPANY, the corporation described in and which executed the shove instrument; that he kootrs the sal of said corpoation; that the seal affixed to the said instnument is such mtpc"t seal; and that he eacuted Use said host - 1ste 1 an belesU of the eorpotvioo by authority of his ogee wider the By-Laws thereof. ~ Try ordain. !1, tf 7 Nowf Public • CERTIFICATE L the oaders4sed, Secretary of THE ETNA CASUALTY AND SURETY COMPANY. a stock corporation of the State of Connecticut. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Cettifratt of Au- thority remains in full force and her not ban revoked; and furehtm oce, that Article IV-Sections 8 and 10, of the By-Lath of the Company, sod the Resohatioo of the Board of Directors, as set forth in the Certificate of Authority, art now in fore. Signed and Sealed at the Home Ofbce of the Company. in the City of Hartford. State of Connecticut. Dated this 19th goy of harsh it 71 l ~f • Secretary W "n. h Pal 140 MAWS i".sal 6 ao •-F ~e C C.:i: AND o; FR EC n- 7? S i!n* Cc E 4:! = Bond No. 1285804 CTif OF That wa, _ Bill Rover ea tri=itel, at.i "s OtteY z':: eti°;, t.:s Eel-! E7.. L_ -J f x2ad unto t..9 City 02 !'s:. J?, ?_•rs, a r_aaici?a: C7r •C:E~_J~, i23 su4J34:or3 E»! e331.f. a-,, at Ce le•~a, e%t 1, i1 the 3 r or rG4 „7v• ems- ' sa«:d ~~1,•_.r~~~ ef:3 Yay'sl: -i_ if?aa~! well R:a! t~daJ ►e C.EZ?, we hs,e'.y b{42 O'.:o:i 35, Jd: :1-::3, 3+:C-3;33PZ3, Ea: a3;°2a3. fors er f~. .t<sss p:a,s:..3; WI F SS 0'.R Wt1> f•~ T-;~i the _16th day of March A. D. ly~n. The c•1 itioa of i:.e &:,Yie obliga_,io1 is sL•-zt Z: Se wl_°rea3 tae said W. F. S 11 92ML ~ E13 ntee e;plics.fon for a pas:.it • to co:.3eruct, re~eir a al recJastruct a19.valka errs/or curbs aa! gutters is V-e City of Ce:f:on, Ter93; NOW ?'l REF't?F., if t: acid -W. F. Hill Rover shs11 do ell work in t1.a C7132:~IJ~iJ3, rep3:r E':3 recxss:=.`t'.{Ja of ta5 Ei e_ elk, and/or card Lal gut:°_I in a gold ani 6!JT4•P:tl<<.e iA13?S. az.J if tFe said N. F. Bill Roper abell faithfully ar.4 etzle ly ca.ply with t:.e a?aaificstiaas sad Fith t•ie tena3 of all City C,'sdik..cas, re oluti0as E..d sat:.?.r:i1a3 that are nv-v or may iai effect, 1•43 113J1e0.►, T@Y-t30 re!Ctia& C1 t i,9 COn3:rL•ati41, I'eaOn3t3J4ti03 Eal repair3 oa aiZgaalks tai/or c•jcbs or gutters, an-! If t`e City of Denton a!-.Al' be fully ide3aified and held whole and hersle3s from aay rai all cost, ex;•aase or damage, whatlear real o: s33arted O1 account of an, ia}-jty cont to any person or property ix the pr3is- ecution of said w3rk, that may arise out of or be o cesioasd by the perfoxm.enae of said 6.vr<, by the principal herein, sni if saIN principal alrl2 :.those additioaRl cast to the paraon :or vhom-• the work was done, arair.2ain all sidPwelks, and/or curbs or gdttsrs, so constrtTetea, ri!constructe-3, or repaired by t1 M maid gr1 .c;p31 for a period of ons year from the date of such construction, rec:l33tit~:c- tion or rcps'_, to tl-s sttisfaction of the City Eagiaaer, aai Mall recoa3ts•jet or repair arch sidewalk and/or curb ani gattar to the sati3fretionof t%s esid City Engineer of the City of Cten.`oa, Taxes at any time u--thin OaJ year after the con3t-ructioa, recoaatl ctioa or repair of such sidewalk and/or curb or gutter, upon a ten day notice from said a q!naer; thea thia obligation shall be null and void; othsr-Ase, it a'nall reaain in full force and effect. Tee term of this bond s?.all be for a period of one year from th-3 date hereof. . WITMESS (AIR Z#,NMS ON in3 Dl i, "UrP AND YWI AW%M WRITIS-4.. - FYSacipal - APFIt(~7SD: . MTVX SURBTY COMPANY Surety Mayor BY: APFRG•Ti:4: 1i.:st__:t, ns3' City Ano=n:; w_ POWER OF ATMRNEY KNOW ALL MEIN BY THESE PRESENTS: This Power of Attorney authorizes the exeeotion 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 alg% ortmider1 acknow, consentnor Pgreement which this Companysway b e authorized to writs deed, any one bond, indemnity M. D. FULTON. Vice President B. HARRIS Assistant Sreretary M. H/~KE~t, Assistant Secretary A. W. GRAM Assistant Secretary WARRENS HOLLY, Assistant Secretary J. B. LeFLOAE, Assistant Secretary The Western Surety Company further certifies that the following Is a true and correct copy of Section 7 of the By-Lawa 4-the Western Surety Company, duly adopted and now in force, to-wit: i Section "All bonds. policies, undertakings or other obligations of the corporation shall be executed is the corporate name of the Company by the Chairman of the Board, the President. Secretary, any Assistant Secretary. Treasurer or any Vice President, or by each other officers as the Board of Directors may authorize. The ryair- assn of tfte Hoard. President, any Vi,a Preskkut, Secretary, any Assistant Secretary, or the Treasurer e•.ay appoint the AUorne7s in Fact or Agents who shall have authority to issue bonds, pundertakings Urn thoer oche: obli a Company. The corporate seal is not necessary for the validity of any 6oUtds bonds, policies, of the eorporatron." IN WITNESS WHEREOF. the said Western Syrgtz Company has caused there presents to be executed by it president with its corporate seal affixed this l O h -day of March to 71 WESTERN SURETY COMPANY I ATTEST • OTC,. , g«ry President STATE OF SOUTH DAXOTA u Coady of Minobab J on e b 16th day of _-horc + If.ZL, wore so. a Notary Publte. R. 0=0i. Asst Seer i psaosaRy bbY me appeared dell Kirby. Presideak sad ~ sl~ the above Power of Attorserras Pre"at and 1S ~~yo, by aly soars. 1 ~t oeeapeeti efyy. the es W~ eaters Ssrety Company. said acknowledged sold lotumnent to be the M7 eommists" expires N. SPAINOM Notary pubw - HT Coomiaios Expltsa 1.29.77 1!- 1 NUm pnbBe eras-s.ta r J)r . STATEOFTEXAS ACKNOWLEDGMENTOFSURETY COUNTY of Dallas as (Corporate Oflktr) 19 before meta Notary Peblic to us d[s 1Re* _ day of ltsreh ~L i WA for sad Coady. perrosalty appeared W BAI.Lr? AS N' ~ CAN Ike swam o W sUR~l knows to e,irhobelaabpraeddy sw~ say OMM . a corporation daly oraasfsed amid exleft Nader de laws of the The Side ~SOmm «wssdiada the really sod W the fors a INatrtUasnt Is the oorpotale seal of sad corpor a that the sad la, esetaUted oN~ air of sad eorporados by authority of W Board of f Dir Diratols, and krthcr acknowledge unwed am the esetsdos thereof to be the volvalasy an sad dead of tad corporstbN. IN WITNESS wituleiOP. I hate bernwo asbccr" my same asd aflbted my oft W 9W at Dallas. Tess, die day i asd year last ahovs,•,--ftlea. My w..IaioUi pirgs 1911 19 n/J/J~ j • Notary piUblk MI& i t _ iJ" POWER OF ATrORN$Y 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 nereby snake, 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 for and on its behalf as Sorely and its act and deed, any out bond, inde in y or undertaking, consent or agreement which this Company may be authorized to write: M. D. FULTON. Vice President 8. HARRIS Assistant Secretary M. BAKER. Assistant Secretary A. W. GRAY Assistant Secretary s WARREN S. HOLLY, Assistant Secretary J. B. LeFfAAE. 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-tbe Western Surety Company. duly adopted and now in force, to-wit: Section 7. -All bonds, policies, undertakings or other obligations of the corporation awl be executed in the corporate name of the Company by the Chairman of the Board, the President. Secretary. any Assistant Secretary. Treasurer or any Vice President. or by such other officers as the Board of Directors may authorize. The Chair- cum of At Board, President, any Vice President, Secretary, any Assistant Secretary. or the Treasurer my so t Attorneys in Fact or Agents she, shall have authority to issue bonds, policies, or undertakings tithe other oobli~ Company. The corporate seal ;s not necessary for the validity of any bonds, policies. undertakkin tions of the corporation.- b& Company has canal these presents to be executed by its 1N WITNESS WHEREOF, the raid Western Slil President with its corporate alai affixed Itus loth day of March ~ i11 71- 1 3 STATE OFT MAS t as ACKNOWIEDCMENTOFSURETY Coam1Y of Darts f (Corporate Offil on this 16th day of Noreh 19 71 before man Notary Pablk oa and for sold County. permeaRy appeared _ M. `;A:.. mss r . did say at a is the oraa o Of the WES R SURE pprrrsoaally known 10 me, who being bymedsly sworn. COMPANY, a corporation. duly organized and exhd*g under the laws o I State of dkt said ON& mcol tt asthi that ibe a ala and to the foregoing lnstrument is the corporate seal of sold corpo a . rerum.eM and 11114! t ecution •the i*f 10 be the volunll so and decd of said _cowrs, and ration ker at* sowkdgc that the said la ecal behalf of sold IN WITNESS WHEREOF, I have hereunto subscribed MY Name and affixed my o8ktal seal at Dallas, Texas. the day sod year last above writeea My cotowtssloo a:puss t9n pill ~•xl 1 . 19 ~ ~ //,r.rrr r Notary Pabak tos•c THE STATE OF TEX/a 3033 COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS* THAT NAT NOLES S L. D. RINEY of Denton County, Toxas , in consideration of the sum of -----TEN AND N01100 ($10.00)DOLLARS----- and otbw good and v&hUMe Consideration in hand paid by The City of Denton, Texas receipt of wbkb is hereby acdmowledged, do by these pressata Grant, bargain, sell and convey unto to the City of Denton, Texas, the free sad uninterrupted liberty sod privilege of the passage le, along, upon and across the following deacril" property, owed by us . Situated in Denton County, Texas„ in the Sarvey, 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, being a part of the J. McGowain Survey, Abstract No. 797, and being a part of a tract of land conveyed by Joe Skiles, Jr., and Richard Steed to Nat Noles and L. D. Rin by deed dated January li, 1971 and recorded in volume 614, Page 97 of the Deed Records of Denton County, Texas, and being more particularly describ as follows: BEGINNING at the northwest corner of said Nat Noles S L. D. Riney tract said poet of beginning lying in the east right of way line of Teasl Lane, a distance of 150.0 feet north of the north right of way line of Londonderry; . THENCE north 880 36' east along the north boundary line of said tract a distance of 150.0' to a point for a corner; THENCE south 00 34' east along the east boundary line of said tract, a distance of 16.0 feet to a point for a corner; THENCE south 880 36' west-and parallel with the north boundary line of said tract, a distance of 150.0 feet to a point for a corner in the east right of way line of Teasley Lane; THENCE north along the east right of way line of Teasley Lane a distance of 16.0 feet to the place of be-vinning and containing 2400.0 feet of land, more or less. And it d further sgreW'bat tbs sad City of Denton, Texas in oooaWeratbn of the benests above met out, wdl move from the property above described, sueb fe so m, buildings and other obstructions as my now be found upon maid property. For the purpose of constructing, instating, repairing and perpetually maintaining public utilities in# along, qpm sad across said premises, with the right and privilege at all Umea of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, mud regress * along upon sad across sad premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the zM City of Denton, Texas as aforesaid for the purposes aferewid the premises above described. Witness our nand a, "the day of March fry L A. D I SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority, COUNTY OF_._DEN.TQLL_-.__.._1 in and for said County. Texas, on this day personalty appeared._- L. RINEY _ _ NAT NOLES AND !`ow•p-to me go be the person S .whose name 5...._$!rfbbscribed to the foregoing instrument, and ackwwledged to me •th+(__tZhe}y..,iXecuted the same for the purposes and consideration therein expressed. • GIVEN UNDER MY HAND AND SEAL OF OFFICE, March A.D. l97 - Notary Public, -------...County. Texas lily Commission Expires June 1, 1971 JOINT ACKNOWLEDG51ENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY In and for said County, Texas, on this day personally appeared .and &W -wife, both known to me to be the persons whose names arc subscribed to the foregoing Instrument, and acknowledged to we that they each executed the spine for the purroscs and consideration therein expressed, and the said . , wife of the said -having been examined by me privily =nd apart from her husband, and having the same fully extlained to her, the, the said acknowledg d suer instrument to be her act and decd sad she declared that she bad willingly signed the name for the purposes aid consiJ,-Mtion therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _ . Lay of A.D. 19_._ (LS.) - - Notary Public, County, Texas Ily Commission Expires June 1, 19 WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS _ BEFORE 361E. the undersigned authority, COUNTY OF... in and for said County. Texas, on this day personally appeared _ _ wife of... known tome to be the person whoa 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 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 1/Y HAND AND SEA6 OF day d.-__...-_....._..._......_, A.D. 19............ (L g) Notary Pd4e. _ ._-__-..............County, Texas My Commission Expires June 1,19. CLERWS CERTIFICA THE STAN F TEAS, county COUNTY Ceek,,o~fs`9is County of sold ty, do hereby certify that the foregoing instrument of writing dated on the _ _ _ A. D 19.71.., with its Certibeate of Anthentieatiwas bled for %Cf/i_..day of.. rema to my olke on 1 ot.... . _ A. D. 19.7 at4.V..j'dodc .....1L. and duly seeoeded (>tis__~e/ dq A. D.19..;r_ ALA! W.edock_._.._!6!4, Inntthe of said County, in Volume_....4z7_, pages. .f--. 1F11'NP»4AIIY~^~ SEAL OFTt3E COUNTY COURT of said County, at office _~_<< •s( _ _ the day and year last a~~b+oov tlel. ...............l....~ County a Calmly, Texas. - , Deputy. r Q. i E ;d L` Q o t:003(' 33~ 14 'w y f ~ i ~ i E ~ ~ 1 N, N o o= nA Y 4lot. l z° U 1 a HET °~9 _ ~ ~ ~ 1 ..6E • , - I; ~ TO WAL SLIP Rse"Ved of the City Seoretaty of the City of Deotonp Tersap the follovdag described instruoent or doeuoeat from i the tike of the City of Denton: 1 TIM _ ~~i G ~s - / 9 9y ! The wAscaigoed hmW aasums ooapktol reap=ibllity fm the vN ekoepiag ant return of the 14prr received. O.WV-.O: I i . March 16, 1971 ).Dr. James N. Benjamin '.Suporintendont of Schools 'Denton Independent School District 1205 west University Drive Denton, Texas 76201 Dear l1r. Benjamin: I herewith tender to the Denton Independent School District for a future school site a 10 acre tract of land lying Borth of my forcer residence on Bast McKinney. This tract is designated as block 1S on the propose,I plat of my property prepared by Robin Llewellyn and is on file at the office of the City Planner for the City of Denton. No restrictions are imposed on this gift other than that it revert to as or my heirs if you decide not to improve it for use as a school site. Once the site is improved this reversionary clause would terminate. If you and your Board decide to accept this gift, a proper deed will be prepared by my attorney for your approval. With all good wishes. Very truly yours, Pauline Beery Mack cc: lion. James W. White City Manager City of Denton Denton. Texas 76201 i I ~A 6 ` F Y ff n zloufi>> to J:IObao3nlY:' J-> -fie I: 100d.~ 3fiO1L►13q*bItl R031;ju ilill+ ~3►-?YOVittii Jz: f' 16 VI J~i'iJr7A l ~QI.:J J:E`)f):i:IQ'J!)~!~ I'O.'c:~ll ryI'J of lobuji IEJiwolo)` 1O IfJIO:. ini'(f buff 7r; JJ`•79 JI:,IC 01 I: _%Jia Io01E!2 OTUII;: lot ei ;~~YS IN .'1:nn Aal! Itu a~/:•:~1:» c ►s'?i (c lii4 11 iJ9Tf, !'1 ''rY ! Jrf~f i,9%O'~07!i 71 t") iC il. C)2 f. P: YJJ E jr -•;t1O 'J:,E f to 1;1 t^IJ JI Jsrli Imfi) •fodio idl 0-10 1'*zOf:, i oTe Jilt Yol. ! f OYOlrifli OJ !Oft •.'Ji i9f) t;o'( :J 2'Cl,fl •-0 7'1 0' Jl'JvO7 ~f)U1Cir.'.'9•IOY ?[Ir1 I)OY(i7(i,:'t 9Jia oe1J 07tiJ .L"lit. Ir?G..J E 2f. . E/J I>IIl :'t7 O1 1, l t+O:: :I2uiil 79tjO1Q 8 , J31!; s [ifJ Jrf7O7e. pJ obiJSb i,Ti;OC :JO`( fJlta 1!O'( if .lsvoiggs iuo% lal Kqn-ioJJe •(•j' l,aleq►JTq sd tliu Go3b • ?aA 1N f.ooS lie dliH st1Lo•( i(lUTJ `('I5Y ~(~s!! ~(•toetl anllus•t 3110 W esmsl. noli ;33 legsasiol x1la noinsu 30 XJ1J lOSd~ taxer ,nolneu ..3~liA?a2$~M,t_ v r• _ __)..cs i:'_ = ti. _-1 L~.~_%~~/.~a'yf'~~~i^yR?► L~rT SIT . ssTSBSs 6xu.ES Q Bxn.ES ATTORNMIS AT LAM 804FTMOGE Orn" DV"D;o 1807 WZSTKM8TE,4 • DEN".% TEEAS 74301 March 16, 1971 Honorable James W. White City Manager The City of Denton Denton, Texas 76201 Dear Mr. White: I herewith tender as a gift to the City of Denton two tracts of land comprising 21.9 acres for use as public parks. This land is situated on the North and South sides of East McKinney Street and has been designated as parks on the plat prepared by Robin Llewellyn and filed with the City Planner. There are no conditions or limitations imposed on this gift except that it be used for public parks. If the City accepts this gift, my attorney will prepare a proper deed conveying the land to the City and will submit this to the City Attorney for approval prior to my executing it. By seperate tender, I am offering the Denton Independent School District the 10 acre proposed school site situated North- east of the proposed parks. With all good wishes, I am Very tppruly~~ yours, Pauline Beery ack cc: Dr. James M. Benjamin Superintendent of Schools Denton Independent School District Denton, Texas 76201 r~,~ ~pf~ WESTER ` ,y--.'• COMPANY one 0j GHICAGO~f%5101fX FA . tALLJIS PALO ALTO • BALA-CYNWYD. PA. LICENSE AND PERMIT BOND i (For Constr. City. Town or Village Only) KNOW ALL MEN BY THESE PRESENTS: BOND No. L & P t G 4 930 That we, R. V. Starnes 1 J of the City of _~DeAWp , State of Texa: , as Principal. and the WESTERN SURETY COMPANY, a corporation duly licensed to do business in the i State of Texas , as Surely, are held and firmly bound unto the i city of Denton > State of Texas , Obligee, in the penal (Valid only wbea a Coomy, City, Tows or Village Is named( ads (OQbIIV*) sum O~ pVc~..A (NOT VALID IF FILLED IN FOR MORE THAN S10.000 .0) 4 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. i` THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal AA A Blec riit,sAn has been licensed 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 H-Vcb 3,1 , 1912-, 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 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 - 31 -day of lfa cch , 19 Principal Principal Col rsi dl`G~ti1 WESTERN SURETY COMPANY f B li BY L-. ~1 o[s DVS .7ic y V t Agent A KNOWLEDGMENT OF SURETY (Corporate Officer) STA IE OF SOUTH DAKOTA I ss County of Minnehahs On this 31 day of y°-gab , 1971..., before me, the undersigned officer, personally appeared ~b 06U.4 J4 who acknowledged himself to be the aforesaid officer of the WE,'TERN 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 WHF°.- ►F, I have hereunto set my hand and official seal. My Commission ZAplres M. SPASTON. NOTAXV FVKK a:r cawwss oa $Awes 7.14.7` 19 _ Notary Public -South Dakota w L ACKNOWLEDGMENT OF PRINCIPAL (individual or Partners) STATE OF - ss County of 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. My commission expires 19- Notary Public ACKNOWLEDGMENT OF : RINCIPAL (Corporate Officer) • SPATE OF ) ss County of i 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 4ZOU M 0 z u Y 3 Q n r PLVHBZRS BOND . 1:0. 889309 svasl O7 Tcus KKO'd ALL 1[E?~ BF. i"ds36 PXESE*;TS: x Coi.ffy OF DEW 03 That a3s BILL B. BALDWIN ' as principal and GENW!. INSURANCE COMPANY OF AMERICA es eurety, ace L•eld 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 payaent of watch we hereby bind ourselves, our"hoirs, adninteddtors and assigns jointly and severally. ' 'aims condition of the abwaa obligation is that whereas the principal heroin%..*a granted a Plurber's License in the City of Denton, Texas; lime, therefore, if the said BILL B. BALDWIN principal herein, shall at all tineo coVty with the Ordinance of the City of Denton governing plumbing in said City and ail the laws of the state of Texas which regulate pluabi.ng, and conditioned further that the principal herein shall fulfill any and all contracts icade for plumbing wor'R, tbca this obligation si:all becxva null and void; otherwise to remain in full force and effect. This bond shall be for the use and benefit of the City of Dantos, Texas, sad for the use and benefit of any person having a cacao of action Erasing out of the installation, altavatiom or repair a►g of any part of say plumbing or gas system by said applicant or say of his emyloyeesa or growing out of a breach of contract for the instsiletion, alteration or repairing of any part of any plumbing or .gas systen by sold applicant or say of his employees. IN MTIKONY VHBRCOF, HIT► M OUR M MS st Denton, Texas, this .loth of march 1971 BILL B. BALDWIN Principal. GENERAL INSURANCE COMPANY OF AMERICA Surety Barbara occas, At3rney- n• act GENERAL INSURANCE COMPANY OF AMERICA rro..ON.t.: QO arody+ •n. N.E., S.wrr~. YedUwaa.lalef • wsoo POWER OF ATTORNEY No. 2174 KNOW ALL MEN BY THESE PRESENTS: Thal General Insurance Company of America, a Washington corporation, does hereby appoint MRMM 110KWO tort North. Texaa•-•-••-----•••••••••-••• its true and lawful attorneys}in-fact, with fun 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 business, and to bind General Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elecled officers at its home office. IN WITNESS WHEREOF, General Insurance Company of America has executed and attested these presents this 19 day of 0altobtr ~ ~19 70 .O ..WMw.. fFt~FU~• ca:..•s.r,wr...rwtn CERTIFICATE Extract from the ByLawi of General Insurance Company of America: "Article VI, Section 12.-FIDELITY AND SURETY BONDS the President. any Vice President, and the Secretary shall tack have authority to appoint individuals as at torneys•in4act or under other appropriate titles with authority to execute on behalf of the company fidelity and sur:ty bonds and other decunw-rits of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment, the signatures may be affixed by faaimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall Rol be necessary to the validity of any such instrument or undcclaking." Extract from a Resolution of the Board of Directors of General Insurance Company of Amnia adopted July 28,1970 "On any cerGfxate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article VI, Sect ion 12 of the Bylaws, and (N) A copy of the pownof atiomey appointment, executed putsuanl thereto, and (ice) Certifying that said powetofatlorney appointment is in fu11 force and effect, the signature of the certifying offxer may be by facsimile, and the seal of the Company :nay be a facsimile thereof." I, W. D. Hammersh, Secretary of General Insurance Company of America, do hereby certify that the foregoing extracts of the Bylaws and of a Resolution of the Board of Mectors cif this corporal ion, and of a Power of Altornty issued pursuant therete, :re true and correct, and that both the By-Laws. the Resolution and the Power of Attorney are st ill in full fact and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation +,~E CIA this loth day of March ,19 71 CNI' iE W. SEAL MM 1< • r w.rr[VIA fICM,u• 192 s•sN: w 0170 effra> a~ N111000- P itt File No .PARTIAL RELEASE OF LIEN Recording Fa--•---. i Closer-------- f THE, STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: 4880 COUNTY OF* DALLAS That in consideration of the partial payment of $1.00(One Dollar) of onecertain promissory note, and other good and valuable consideration, said promissory note being in the original principat amount of $9,300.00, payable to the order of Dallas Federal Savings and Loan Association and. described in and secured by the lien provided or retained under the provisions of a Dedd of Trust executed by Henry A. Byrom and wife, Jennie H. Byrom to T. S. Walker, Trustee De t dated the 6tlil-- day of -February 1'.67 , filed for record in >IIX~KI(bounty, Texas, on the -.-.:8th day of February 19 57-- , recorded in Volume 191 Page:- 673 of the Deeds of Trust . Records of said county, the UNDERSIGNED owner and holder of all indebtedness secured under the provisions of said Deed of Trust does hereby release all litiis provided or retained under the provisions of said instrument insofar and only insofar as the same relate or extend to the following described portion of the real estate described in a.•id instrument, tc•wit: all that certain lot, tract or parcel of land lying and being r.;tuated in the City and County of Denton, State of Texas, being a part of the R. Beammont Survey, Abstract No. 31 and being a part of a tract of land conveyed by Leroy Barber, et ux to Henry A. Byrom, et ux by deed dated February 8, 1957 and re- corded in Volume 415, Page 134 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at tt.e northwest corner of said Byrom tract, said point of beginning also being the northeast corner of a certain tract of land conveyed by Doyle O. °wink, et ux to the City of Denton, Texas by deed 4ated April 26, 1968 and recorded in Volume 565, Page 51t of the Deed Records of Lsnton County, Texas and also being 175.0 feet west of the west right--of-way line of Arna Street, THENCE east, along the north boundary line oS said Byrom tract, a distance of 26.0 feet to a point for a corner; THENCE southerly, a distance of 60.92 feet, more or less, to a point for a corner in the south boundary line of said Byrom tract, said point lying 15.0 feet east of the southwest cornier of said Byrom tract; THENCE west, along the south boundary line of said Byrom tract, a distance of 15.0 feet to a point for a corner, same being the southwest corner of said Byrom Tract, THENCE no•ch 19010' west, along the west boundary line of said Byrom tract, a distance of 63.6 feet, to the place of beginning and containing 1,523.90 square feet of land, more n less. It s expressly stipulated herein that this is a partial release and releases only the abc ire described property from the operation of said Deed of Trust Lien and shall in no wise be construed to waive, impair or affect the validity of said lien as to the remainder cf the property, described in said instrument, not heretofore released. ~sa91N•-1ATOE.SS WHEREOF, the undersigned has executed this instrument, this the Sth day •4 . • = ~ .ot,-ch 1971 i `1TESTt DALLAS FEDERAL SAVINGS AND LOAN r ASSOCIATION 01 loop As' scant S r ar Exe ve Vice President THE STATE OF TEXAS BEFORE 1/E, the mWersigued authority, a Notary Psbtle to COUNTY OF DALLAS mad for sold County and State, on this day personally appeared Thos. S. Walker, FAecutive Vice President, Imown to we to be tU person and odleer whose name io ssbsvibed to the foregoing fmtn mess ant aelnwwWged to mo that the same was the act of the aid Dr}~i s; Fet~ri'a#°,4dvinigs and Loan Association 4 eotyk~it~n, and.lN4f b igeeuted the sale N ws get of gall Corporation for the porpom mad Consideration therda ils~eayselty therein stated. f:~rpida amp teal of o~os wig 5th. day of March , it 71 . .''tuuN~~,•••'-~ RUOYE THOMA Notars F.>~k D23" fir. sue... PARTUL RBLSAW OF URN: r FROM: ,~•~4., 9, -s{. ~v p( e6o-j-v °..c° ~ not - TO: RET[1RN TO: 3 c. ;J, W -9 ID q,. Cs 4, ( tb C7 A r% A IL 0%,& M FAIR :R N The Ve-S Of Te%-K 1 • 1, T- t. •r , • l:n.+a:r t'.7..•i i? Ja' :n. ' 7 ~Sy C6aa:y of D:atsn F TH_T~ V t•«-:,y erft:ty that tl4 atom+ ns.....r~.n w In %11/ rely of r7 7 I t Q 1. llt'S. r: ~ 1'gi ••:7/. 311::.in. - 16v:ui2;s my !.30,7 aN xst of alas st J:•'•M. , , t ` : _ Y: on Co.. fens TSB STATE OF TEXAS DEFORB AM tho undersigned astberity, a Notary Pablie band COUNTY OF DALLAS for $am Cooayr and Sate, a thb day peaooalb appared Imam to moo to be tbo psarsoa wbese tams subscribed to the tore;oios bstemsent, and admA %l -ed b me that eumeted tb same for the purposes and ceaddersUm tberdn espreaed, MEN under lay bead MW sea of Oak* tbb day of to Notary PaNkf Dallas Cowty, 'sea" TSB STATE OF TEXAS DEFORE Mr. the sndsralp" aatboft, a Notary PA& is sad COUNTY OF DALLAS for sad Cmw MA Sate, es thb day pe»ona0y appeared will K . baewo to tae to be the person where to w b sobser bed to the fotegebC fasbmen% and baba boss oxaambW by me polrliy and apart trom ber bosbaod, am * a bg the some loft esplebed to bar, she, the add sdmowbdged tweh bdrowt b be ber set sad deed, sad dedared that ebe bad WUHD ly absoed 1N same for tie por- peas sad eossidaadea tbendtt suptwed, MA that do did ad wbb to tetrert R >s OIM soda my haw sod sea at wits Q;$ dny oc ' Nebst Yshlk. Dttfss Ceaay, Te>da WESTER M PANY 06e di ,4 CHICA , :l;E+yux*EAtys; t LutS PALO ALTO LICENSE AND PERMIT BOND KNOW ALL MEN BY THESE PRESENTS: BOND No. 1273419 That we, Moaroe Littrell Of the City Of Denton . State of Texas , as Principal, and the W E S T E R N S V R E T Y C O M P A N Y, a corporation duly 'licensed to do business in the State of Texas as Surety, are held and firmly bound unto the City of Denton , State of Texas , Obligee, in the penal sum of ----One Thousand and no/100------- (=__1_OO.DO 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 ilousenover _ by the said Obligee. NOW THEREFCRE, 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 tc• remain in full force and effect until March 8 , 19-L2, unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by cer- t.-led 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 Surely shall there- upon be relived from any liability for any acts or omissions of the Principal subsequent to said date. Dated this 8th _ _day of match P19 71 Principal Principal Countersi S 04AN INSURANCE W E S T SURETY COMPANY By GLe' ti - By Resident Agent IAMS ASST. SECRETARY ACKNOWLEDGMENT OF SURETY STATE OF TEXAS (Corporate Officer) County of Dallas On this 8th day of March 19 71 , before me, the undersigned officer, personally appeared RON WILLIAMS, ASST. SECRETARY 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 , 1911 l~C . Notary Publie eses-sue ACKNOWLEDGMENT OF PRINCIPAL (Individual or Partners) STATE OF 1 County of Vantm On this lath day of Fab- IWL., before me personally appeared YMBDE ISTTI EU- I known to me to be the individual-described in and who executed the foregoing instrument and acknowledged to me that_he_executed the same. My commission expires ~ Jnrle 2 , 1911 ~J'~~~ ~a'.}tct`D Notary ' blic ACKNOWLEDGMENT OF PRINCIPAL (Corporate Officer) STATE OF ss County of On this day of , 19-, before me, iI personally appeared- , who acknowledged himself to be the of , a corporation, i and that he as such officer being authorized so to do, executed the foregoing instrument for the purposes I therein contained by signing the name of the corporation by himself as such officer. My commission expires . 19- Notary Public R Z aQ a ~ ~ a Wes!! z W6 WESTERN ; MPANY d~,~ ,Tea oxwe GNICACi0~l:5)OLix FAyy>i.•~' QALLAS PALO ALTO SALA4YtiWYO. PA. LICENSE AND PERMIT BOND 1 trot County. City. Town Visage only) j KNOW ALL MEN BY THESE PRESENTS: BOND No. L do P 160986 That we, Thomas S. Williamson DBA Milliasson Pest Control of the city of Denton , State of Texas , as Principal, and the WESTERN SURETY COMPANY, a corporation duly licensed to do business in the State of Texas , as Surety, are held and firmly bound unto the City of Denton , State of Texas , Obligee, in the (Valid only when a County. City. Town or Village is named as Obliyao) peaty sum of One Thousand and no/1,00 1,000.00 ) DOLLARS. (HOT VALID IF FILLED IN FOR MORE THAN 510.000.00) lawful money of the United Stales, 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 i has been licensed as a pest control operator by the said Obligee. NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things comply with the laws ane 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 March 2 , 19 .sinless renewed by Continuation Certificate. 7nis bond may be terminated at any time by the Surety upon sending notice in writing, by cer- tilied mail, to the clerk of the Political Subdivision with whom this bond is flied 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 emissions of the Principal subsequent to said date. Dated this 2nd day of lurch , 19 71 Wil:iamson Peat Control Principal Principal igned Jack Howell 6 Associates Ins'W E S T E RN SURETY COMPANY e 2460 W. 1linois,Dallas, Texas CC - gy 75233 By Resident Agent ausnon, ACKNOWLEDGMENT OF SURETY STATE OF SOUTH DAKOTA (Corporate Officer) i County of Minnebaha~ On this 2nd day of )arch ,19 71, before me, the undersigned officer, personally appeared Stratton. Asst. Swy. who acknowledged himself to be the aforesaid officer of the WESTERN SURETY COMPANY, a corporation, and that he as such officer, being authorbed 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 see]. My Commisson Expires • R RIBNEIR, Netny 1'abtle Notary Public-South Dakota w ACKNOWLEDGMENT OF PRINCIPAL (Individual or Partners) STATE O:•' Texas Dallas _ ss County oi_ On this god day of Hssch , 19-1-1, before me personally appeared Thomas S. Williamson _ known to me to be the individual described in and who executed the foregoing instrument and acknowledged to me that -he -executed the same. My commission expires j June 1 19 71 rlY Notary Public ACKNOWLEDGMEN F PRINCIPAL (Corporate Officer) STATE OF y 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! < 1-1 CL I-C s rvE U z p" a a o z NA $ a W ra p s 3 O N Q t s Jy 3 WESTERN SURETY COMPANY ti V t~r fQiltPJlaYt~s VW~JY i' CHICAGO • SIOUX FALLS • DALLAS 1' ! PALO ALTO • BALA.CYNWYD. PA. :q ; CONTINUATION CERTIFICATE ?1~ y In consideration of the sum oh'--Tt+eaty and No/100 n 20.00 ) Dollars, the Western Surety Company hereby continues in force Bond No. 1253975 (160985) in the sum of ---One Thousand and lib/100- ..__•.••0 1,000.00 ) Dollars, on behalf of F & R Blectric of Lake Dallas, Texas X11 as Electrician , . in favor of Citv of Denton. Texas II for the term beginning on the 28th --day of June , 19-L! and ending on the 28th day of June , 19 72 , subject to all the covenants and conditions of said Bond heretofore issued. i N. CIS This continuation is issued upon the express condition that the liability of the Western Surety rr. Company under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed the total sum above written. Dated this 28th day of !larch , 19 1(iI WESTERN SURETY COMPANY r ! y~ I By RON WILLIAMS Assr. SCCMMW Attorney in Fact THIS "Continuation certiacate" MUST BE FiLiD WrrH THE ABOVE BOND f . ~1y s t i • YYY f, 11VA 7 tfij~~L!/ J~S "C_ P~rfef.QE~ A I ~ THE STATE OF TEXAS X WON ALL MEN BY THESE 9RRSENTS: COUNTY OF DENTON X That the City of Denton, Texas, a Municipal Corporation of the County of Denton, State of Texas, for and in consideration of the sum of Thirty Thousand and no/100 4$30,000.00) Dollars as des- cribed in bid number 70-7483, to it in hand paid by Jaynes M. Magill, In cash, the receipt of which is hereby fully acknowledged, has Granteds. Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said James M. Magill of the County of Denton, State of Texas, the following two tracts of lands TRACT ONE. All that certain lot, tract or parcel of land lying and be- ing situated in the City and County of Denton, State of Texas, being a part of the Robert Beaumont Survey, Abstract No. 31, and being mare particularly described as follows: BEGINNING at a point in the south right of way line of Sun- set Street and 38 feet west of the existing platted west right of way line of Carroll Streets THENCE south parallel with the west right of way line of Carroll Street a distance of 127,35 feet to a point for a corner; THENCE west a distance of 82 feet to a point for a corner: THENCE north 120 feet west of and parallel with the existing platted west right of way line of Carroll Street, a distance of 127.35 feet to a point for a corner in the south right of way line of Sunset Street; THENCE east with the south right of way line of Sunset Street a distance of 82 feet to the point of beginning, and containing 10,;.42.7 square feet of land, more or less. TRACT TWO, All that certain lot, tract or parcel of land lying and be ing situated in the City and County of Denton, State of Texas, being a part of the Robert Beaumont Survey, Abstract No. 31, and being more particularly described as follows: BEGINNING at a point 38 feet west of the existing platted west right of way line of Carroll Street, said point being 127.35 feet south of the south right of way line of Sunset Street; THENCE south parallel with the west right of way line of Carroll Street a distance of 55,47 feet to a point for a corners THENCE west a distance of 82 feet to a point for a corner; THENCE north 120 feet west of and parallel with the exist- ing platted west right of way line of Carroll Street, a distance of 55.47 feet to a point for a corner; THENCE east a distance of 82 feet to the point of beginning, and containing 4,548.S4 square feet of land, more or less. SAVE AND EXCEPT, that an easement is hereby expressly re- served and retained unto the City of Denton in, upon and across said Tract ii for the purpose of constructinv, in- stalling, and perpetually maintaining drainage facilities upon any and all portions of said above described Tract ii, and the City of Denton shall have the right of ingress and regress at all times to affect said purpose; and the drain- age ditch existing this date thereupon shall not be obstruct- ed or altered in any manner without the written consent of the City of Denton. Tn HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said James M. Magill, his heirs and assigns, subject only to the easement retained in Tract II; and does hereby bind itself, its successors and assigns, to warrant and Forever Defend all and singular the said premises unto the said James M. Magill, his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. WITNESS our hands at Denton, Texas, this the _ day of Mme. , A. D. 1970. CITY OF DENTON, TEXAS BYt HUIYOR ATTRdTs "R STATE OF 2WW x COUNTY OF DAWWK BEFORE ME, the undersigned authority, in and for said County. Texas, on this day personally appeared Alexander M. Finlay, Jr., Mayor of the City of Denton, being an act of said City, known to ms to be the person and officer whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and as Major. ON= UNDER Hn HAND AND BBAL OF OFFICE this day of , A. D. 1970. s J . - Y ~ HI-NOON LIONS CLUB P.O. Box 435 Denton. Texas March 11, 1971 Mr. John Marshall Purchasing Agent City of Denton Municipal Building Denton. Texas 76201 Dear Mr. Marshall: The Hi-Noon Lions Club of Denton appreciates the opportunity to submit the following proposal for the operation of concession stands for the seasons of 1971 through 1976. The proposal submitted below covers the operatiou of a concession stand at each of the Little League Baseball Parks and at the Teenage Baseball Field plus the option to operate any municipally- owned facility for any City-scheduled or special event. (This excludes the swimming pool concession except for special events.) The Hi-Noon Lions Club submits the following proposal: 152 of the gross receipts will go Co the City of Denton 602 of the net profits from concession sales, after e.1 expenses are paid, is to be spent on City Park improvements for projects to be jointly approved by the Parks and Recreation Board and the Hi-Noon Lions Club. The HI-Noon Lions Club agrees, in addition: (1) To place a suitable temporary structure on the Teenage Field at a place to be designated by the Little League Baseball officials and the Park Board of the City of Denton, Texas. (2) To secure public liability insurance with minimum single injury limit of $25,000 from a company licensed to do business in the State of Tcsas, covering concessionaire, his employees, agents or representatives against all claims for damages arising out of the operation of said concession and it shall be expressly agreed the City of Denton shall not be liable for any damages arising out of or caused by the operation of salt. cor•,:ssioa. In addition, if concessionaire prepared r.-p ford prooucts for sale at the stands, such as hamburgers. hot dogs, or any other products requiring cooking or similar preparation before sale, concessionaire will secure, in addition to public liability insurance policy with single injury limit of at least $25,000 covering all liability for foods so prepared By concessionaire. (3) To abide by all health regulations of the City of Denton and the State of Texas. (4) To take proper precautions against litter caused by the operation of said concession. (5) To close said concession promptly at the conclusion of Little League play each evening. (6) To remove the said temporary building from premises vrithin a reasonable time upon the close of the 1976 Little League Baseball season and to leave the premises occupied under the provisions of the proposal in as good a condition as when the property was first occupied by said concession. (7) Utilities may be metered separately to the concessionaire. The RI-Noon Liont Club agrees to provide a full set of disbursing and accounting records to the City of Denton within a reasonable time after the close of the Little Lea;ue Baseball season. Sincerely. President ATTEST% Secre ry-Treasurer Accepted this 2 2- day of 1971. ;57; Purchasing Agent Dir. arks and Re Dept. c Approved by Counc 1: City Attorney this day of ,1971. May City o Dento 14. THE STATE OF TL"Wo KNOW ALL MEN BY THESE PROEM: COUNTY OF DENTON THAT H. C. AMOS AND R. W. COLLINS 9.115 of Denton County, Texas , is eosskeration of the $un d ----TEN AND NO/100 ($10.00) DOLLARS------ and oiber geed and vd ablo a stion in hand paid by the City of Dentono. Texas receipt of wbkb io hereby acknowledged, do by ' tbeee preeente Grant, bargains wV and envoy unto to the City of Denton, Texas , the free Mad uninterrupted nee, Eberly and prhlege of the paw" 1n, abag, opus snd aeroas the folbwisg duaft d property, owned by us . Situated in Denton COutYt T* X% iu the i. Survey, Abehad No. 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 H. M. Meisenheimer Survey, Abstract No. 811, and being a part of a tract of land conveyed by Coffey to H. C. Amos and R. W. Collins by deed dated November 19, 1970 and recorded in Voluma 594, Page 628 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING in the north right of way line of Coronado Street of said Amos and Collins tract, said point of beginning lying a distance of 283.6 feet east of the east right of way line of Locust Street; Y THENCE north a distance of 99.0 feet to a point for a corner; r THENCE north 880 19' west a distance of 48.9 feet to a pdht for a kk corner; THENCE north 10 41' cast a distance of 16.0 feet to a point for a corner; THENCE south 880 19' east a distance of 62.9 feet to a point for a corner; THENCE south 10 41' west a distance of 115.0 feet to a point for a corner in the north right of way line of Coronado Streett THENCE north 880 19' west along the north right of way line of Coronado Street a distance of 16.0 feet to the point of beginning and con- taining 2622.4 square feet of land, more or less. And it b fwUm agreed that the aid City of Denton, Texas in eoneidamtiam of the bene8ta above set ouk wS remove frwn the property above dacribed. snob toners, buildings and %4Lv obtruetiona as vwt now be found open raid property. For the purpose of constructing, installino, repairing and Parpetually maintaining electrical utilities is, alone, uponasd aam said prent1s94 with the right Mud priviiose at all tunes of the grantee berets, his er ib agmt% empbyeee, werim;ea and representatives having kgreaa. egress, asd regress hit abng upen and across said premises for the purpose of making additions to, improvemeate an and repOn to the Said electrical utilities, or W part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as afarwaid for the porposea at"esali the premises above dean bed. Witness our hand s. this the of March D.19 7y. I H. C_ AliOS It. . SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF-BIZ-t/ks H. C. RHOS AND R. W. COLLINS In and tot said County, Texas, on this day personally appeared- known to me to be the person a-whose name. S . aroubscribed to the foregoing instrument, and acknowledged to me tbst__tbe_y[.. executed the some for the purposes and consideration therein ~Rressed. Harch GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thb_-.3/'~.. d of . _ . _ 197 Notary Public, __.-,8el~t~ . IkS County. Tema My Commission Expires June 1. 197'3 JOINT ACKNOWLEDGMENT THE STATE OF TEXAS„ 1 BEFORE NE, the tmderskjA aatkorlty, COUNTY OF_----_ in and for said County, Texas, on this day personally appeared Ns wife, both known to me to be the persons ubose names are subscribed to the foregoing instrument, and acknowledged to me that thsy each executed the same for the purposes and consid.ration therein expressed, and the said.. , wife of the said . --having Delta examined by we 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 eke dttkared that she had +illingiy signed the acme for the purposes and consideration therein expressed, and that she did riot wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A.D.19........ (LS.) Notary Public, County, Texas My Commission Expires June 1, 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 , wife of._......_...._...__..._................___ known to me to tx the person whose name Is subscribed to the foregoing instrument, and having bcon examined by me privily aqd apart from her husband, and hating the same fully explained to her, she. the _ - acknowledged such instrument to be her act and dead, 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 UNDL'R MY HAND AND SEAL OFOFFiCE,Thb_ ..._._-.._..._...dry ot...__._-_-.._-_._._...... , A.D. l9....... _ (L.S.) Notary Foblc, Texan my Commitaloo Expires June 1. 19 CLERKS CB FI ATB CDUNTY`O F 1._................ County Cklt~pt the th County OR / f said County, do hereby certify It the foregoing instrument of writing dated on the day of.....__ 19 with its /f///rti ' Authentication, was filed for y __...day of....._. , A. D. 19... , 'o'eloek"V_. M, and duly neord in wootded this- nn.._........ A. D. l V._, at ^ .0_.11, in the __.Records of said County. in Vet MTrW,SS KY HAND AND SEAL OF THE COUNTY COURT of said County, at odoe the day and~~alwve ea. Cosia~h Ceuah. Texas. IL, 8.) By./.n••f'Z'~"_ , Depot. { A ~ i 0~ ~ Ia J ~ 8 E ~ ~ •1~5 i - A r ] f 1 NOf E a I s IL OF EC IRO O L # ' ( f. EX, is d H tl JU I: Afi 7 . 'T 1R 'P C C ~C _iE 0 WESTERN SURETY COMPANY dise i4nte~tlca's dldas~ %'orsdisrg G~o~pa~ues -~:k CHICAGO • SIOUX FALLS * DALLAS ! PALO ALTO • SALACYNMD. PA. t CONTINUATION CERTIFICATE In consideration of the wm of ----Ten and No/100-------------(s 10.00 1 Dollars, J the Western Surety Company hereby continues in force Bond No. 1251759 in the sum of '.A + --.one Thousand and No/100...... ------(:_1.000.00 Dollars, i? 7~ I on behalf of Jack Smith of Yhitesboro~~cxals ~I ~(ii f as Housesiover i in favor of City~f Denton. Texas for the term beginning on the 25th day of Jtm , 19 mil, and ending Sri on the 25th day of June 19-12-, y subject to all the covenants and conditions of said Bond heretofore issued. This continuation is issued upon the express condition that the liability of the Western Surely S!! Company under said Bond and this and all continuations thereof shall not be cumulative and shall i l ti ff. no event exceed the total sum above written. Dated this 25th __jay of March , 19 71 WESTERN SURETY COMPANY die k By r - RON WILLIAMS, ASST. SECMAW Attorney in act THIS -roatinuation Certibcate MUST BE nLED WITH THE ABOVE BOND , 1 Lee__ ~JL.f L...fl.. 1 J J t f1_. l _ _ 1. _"___'V ..Il`f :Y 1~-' ~V~~ .y - Y ~b 5-34 3 PETITION FOR A SPECIFIC USE PERNQT *lot 70 WE HONORABLE CITY OQXWCIL OT MIE CITY OF DF.MN, TE.W: The undersigned, oanet of all the property herein described, does hereby file this petition, asking that a Specific Use Permit be granted on said property located within the Planned Development District, and to be used as a Livestock Yard under the provisions of the Zoning Ordinance of the City of Denton, Texas. The sai.: property is located on Lariat Road 8 g and is more particularly described as follows: being Lots 17 and 18, Block "C", of Ranch Estates Subdivision an addition to the City of Denton, Texas, as shown on the Plat of said subdivision on file in the Plat Records of Denton County, Texas. I. >t~~ae~;»ae~l~c~r.~sx>s>:ac~~amra~ex~cxx>mr~c~atlcll~c~rac~~ I D67[Ill(7(iCII1LxE4)~C?~l[t61;?(2~dt101G~6fyJ(2M1C9(I~S~YAIiG f i Submitted this dad of 19 N ME: WK. T. ALRORn - ADDRESS: RANCH ESTATES PHONE: Date presented to Planning and Zoning Commission. SPECIFIC USE PU IIT too. S-& 34 Date of Public Ikaring March 9, 1971 pntion of City Council Approved March 9, 1971, with the following Conditions: Specific Use Permit for Livestock Yard. 1. Livestock may be raised and kept on the described lots only under the follo:+ing conditions: a. Only horses may be used for commercial breeding purposes, and all such breeding shall be confined to a barn, shed or other enclosed building. b. Such livestock shall not be kept in quantities greater than five (5) per acre. Provided, however, that for commercial breeding purposes, additional horses may be temporarily kept for a period not to exceed fourtyfive (45) days per horse and in quantities not to exceeed eight (8) per acre. Provided further, that the three hundred sixty-five (36S) day al6erage of such permanent and temporarily kept horses shall not exceed five (5) per acre. 2. Iris permit shall automatically terminate at the time that N. T. Alford shall cease to own and manage the described lots, unless sooner revoked by act of the City Council. Effective this the 25th day of May, A. D. 1971. • gjKANdER M. FINLAY, JR., MAYOR TY OF DENTON, TEXAS s 3 Ll\ lz