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HomeMy WebLinkAbout05-1974 MAY X97 y CERTIFICATE OF INSURANCE 1. Nam and address of party to whom this certii!cate is issued 2. Name and address of insured City of Denton United Chemical Corp. of New i;de;:ico Purchasing Department P. 0. Bor. 1499 Municipal Building Hobbs, .dQ~w t.iaxico 88240 I Denton, Texas 76201 f Description of operations all Operations of the insured Location of OperationsvWorkmen`s Compensation: T I o sxas, ransas, kTafiome-Colorado semont Location of Operations:-Liability: Continental United Statg-~___ INSURANCE IN FORCE] DATE KIND POLICY NO. Effective Expiration LfIvfITS OF LIABILITY Workmen a - 46-F1H-503717 6-1 •74 6-1.75 + STATUTORY Compe wrion and, or Empb jyera tiabiliry ■ n n $ .100,000. each OfCUiren[! Pvbl,c "°b'I' Doa, 46-C-426084 6 1.74 6- 1. 75 eaaly In;ory _ $ 300,000 _ each occurrence ' Properly Don qer $ 100r0n1L W Contractual bahllty ry II . ench xwrrence lnctuded. Yet--X- No---- M S 100,000 099reg°te Avlomoli,e s 100,000 each Peron Public uoblLry or 46-C-426034 6-1.74 6-•1-75 Soddy Injury s 300,000. exh occurrence Aulomotive nn ' Property Damage n U II s 1 00, 0. .......00 each occurrence Umbrella liability S....... .....eoch occurrence R iq 5..... each oecurr"ce 711s CerttEcate of insurance Neither Amrmathely or Negatively Amends, Extends or Alters the Oovenge Alfaded By the Policy or Ponces 11sw Hama. REMARKS: This is to certify that polloies, certificates, or endorsements of Insurance as described above have been issued by the undersigned to the Insured named In this certificate and are in force at this time. If cancelled or changed during the periods a coverege, as stated herein, so as to affect this certificate, ten days prior written notice will be mailed by thin company. Hartford Accident 6 Inde i Com an y{ Bo;: 1258, Hobbs, New IvIe},Ica 88240 By_ l rived epresentative (Date) flay 10, 1974 ANIElS INSURANCE, I . 9etl 5650 ' CERTIFICATE OF INSURANCE 1. Name and address of party to whom this certificate is issued € 2. ,Name and address of insured City of ~ni o.l United Chemical Corp. of New [-lexico urc-la-ling Department P. O. Boy. 1499 "n)ici,-)al. Bui.1ding Hobbs, New Mmico 88240 Denton, Texas 76201 L Description cf operations All Operations of the insured Location of Operations-Workmen's Compensation: Texas, Kansas, OkTaiuma; -Colorado - - cement- - Location of Operations:-LiabiliS.X: Continental United Sto- es INSURANCE IN FORCE DATE KIND POLICY NO. LIMITS OF LIABILITY Effective Expiratio,,. Workmen s 46-WH-503717 6-1-74 6-1-75 STATUTORY Compensation and for Employer "s Liability n II n s..100, 100,000 -.each occurrence Public Liability 46-C-426034 6.1.74 6-1••75 Bodily Injury $ 300, 000 each occurrence I nnnn - Property Damage $ 1000 O.w.. eoch occurrence Contraclual Llc~11'ty n II k Included. Yes... X. No-- $100,000, agg,egole Automotive s 100, 000. each person Public Liability or 46-C•426034 6-1-74 6-•1-75 Bodily Injury s 300, 000 each occurrence P ulomotive Property Damage n V II 100, 000 each OCcia"erce Umbrella Liability each occurrence Rig S.....,.._... each occurrence This Cerllncate of Wiuance Neither Arnrmalively or NelaUvely Amends, Extends or Alien Me 0"erare Afforded By the policy or p,i IJsted Hereto. REMARKS: This is to certify that policies, certificates, or endorsements of insurance as described above have been issued by the untlersigned to the Insured ~vaed In this rertificate and are In force at this time. It cancelled or changed during the periods of coverage, as stated herein, so as to affect this certificate, ten days prior written notice will be mailed by this company. Hartford Accident & Inde it Com an (Place) Bo.. 1258, Hobbs, New Mexico 88240 By arized epreserttati~e (Date) May 10, 1974 ANIELS INSURANCE, J . Ben 9650 y n ~ ~ l i THE STATE OF TEXAS X L VOd '705 4a 991 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 7995 That PETER T. WORK of Denton County, Texas, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is heYeby acknow- ledged, do by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privi- lege of the passage in, along, upon and across the following described property, owned by him and being situated ir, the County of Denton, State of Texas, in the W. Daniel Survey, Abstract No. 378, to-wit: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the W. Daniel Survey, Abstract No. 378, and being part of a tract of land desig- nated as Tract II as conveyed from J. E. Butler and wife, Estelline Ryder to Peter T. Work by deed dated November 1, 1971 and recorded in Volume 632 Page 436 of the Deed Records of Denton County, Texas, and more particularly; described as follows: 'BEGINNING at the southeast corner of said Work tract same being the south- ,west corner of a tract of land as conveyed from J. E. Butler and wife, Estelline Butler to First Baptist Church of Denton by deed dated August 9, 1954 and recorded in Volume 397, Page 307 of the Deed Pecords of Denton County, Texas said point of beginning also lying in the north right-of-way E, of Mission Street; i THENCE west along the south boundary line of said Work tract same being the' north right-of-way line of Mission Street a distance of 204.3 feet to a point for a corner; JI !THENCE northwesterly along the north right-of-way line of Mission Street same the southwest boundary line of said Work tract a distance of 21.09 feet to a point for a corner; THENCE east, 16.0 feet north of and parallel to the south boundary line of said Work tract a distance of 214.1 feet to a point for a corner in the boundary line of said Work tract same being in the west boundary line of the aforesaid Butler to First Baptist Church tract; THENCE south along the east boundary line of said Work tract also being they west boundary line of Butler to First Baptist Church tract a distance of ~I 16.0 feet to place of beginning and containing 3347.2 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas in con- sideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now ! be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises for the 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 said City of Denton, Texas, as aforesaid for the purposes aforesaid the premises above described. WITNESS my hand this the ~ day of May, A. D. 1974. r . R i I I U~ YAG~ e7J SINGLE ACKNOWLEDGMENT , VOL THE STATE OF TEXAS, 1 BEFORE 31E, the undersigned authority, COUNTY OF DENTON in and for said County, Texas, on this day personally appeared _ . PETER T WORK--- LE to b 499 person whose name IS subscribed t,) the foregoing instrument, and acknowledged to me \ J c;ct'St 1 the same for the purpusos and consideration therein expressed. \j4Fj' .11Y HAND AND SEAL. OF OFFICE, This day cf Mgy A.P. 19 74 \otary Public, Df?I1Y011 County, Texas \Iy Commission Expires June 1, 19 75 JOINT ACKNOWLEDGIIENT ATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF . in and for said County, Texas, on this day personally appeared - - - - and - - - - - his wife, twth known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said wife of the said ___having been examined by me privily and apart from her husband, and having the same fully explained to ier, she, the said. . . acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This_____ day A.D. 19.. _ (LS.) Notary Public, Texas Afy Commission Expires June 1, 19....... WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, l BEFORE ME, the undersigned authority, COUNTY OF. f in and for said County, Texas, on this day personally appeared _ e_ , wife of . known to me to be the person whose nam is subscribed to the foregoing Instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said........... . . ...acknowledged ouch instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This ............................clay of , A.D. 19, (LS.) Notary Public, - ........................_.............................County, Texas My Commission Expires June 1, 19__...._ CLERIC'S CERTIFICATE THE STATE OF TEXAS, _ County COUNTY OF.......... _ DF TE791S Clerk of the Countyy C6~1lr8fOt[At,Qt~ily),1"Ify that the foregoing instrument of writing dated on the hsreby certify Mat this instrumient ..................day o emf~ .rw4 A4Q. 19.._.. , with its Certificate of Authentication, was filed for word in m fflcecVd 1f sl& tU Yalu a ~,g AM was h - , A. D. 19___ . , at o'clock M., and duly y o C, lA[ rai6m..ccords recorded this .........rt0~ayf6 leas a>. _1~mp_d huanby .._..A. D. 19......... , at o'clock M., in the ....8.....137 -.Records of said County, in Volume , on pages.......,.............. WITNESS M D AND SEAL OF THE COUNTY COURT of said County, at office in cPs s._ . day and year last above written. County Clerk County, Texas. (L 9) NUNN CURK• Denton County'', Imt By De~pty. I ~r A i U o 0 ~g A A r A U ~ f Z a - a N `7 G o O o p,j a 3: ty w: ° o NT m ~o w w ra w F!L w E m t e C): 411I0.. 1. i r ; it g ra !,o, ia6 a'i a'"a .~:.r Jl'A''.JC'~`'JvA~a `'a S a*a ~a #~?XTi? V1, f'- GULF INSURANCE COMPANY 2 EXECUTIVE OFFICES - DALLAS, TEXAS - Ib Ice of ^ - LICENSE BOND _I^ KNOW All MEN BY THESE PRESENTS: That we, Triangle H ldechnnl -al -as PrincipllT, and the GtkF INSURANCE COMPANY, incorporated under the laws of the State of Texas, with its Home Office in Dellas, Tan, as Surety, are held and Fumy hound unto Cit_v-of_nenton. Texas _ n Obligee, in penal sum of One Thousand--- - -------------------DDU& lawful money of the United States, for which pa)wnt, well and truly to be made, we bind oasehres, our heirs, executors, administrators, suc• cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has applied to the Obligee for a license to erect,, l.,, ..i,,. 0 any electrical installati , work, wi;rinp^ err}etat#ng ef electrical machinery NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall indemnify, the Obligee ajainst all loss to it cased by said Principal's breach of any ordinance, ruk of regulation relating to suck license then the share obligation shall be void, otherwise to be and remain in full force and effect. PROVIDED, THE LIABILITY OF THE SURETY upon this bond shall be and remain in full force and effect for the full period of the license, and renewets thereof, issued to the principal above named, or until ten days after receipt by the Obligee of a written notice signed by such Surety, or its authorised agent, stating that the liability of such Surety Is thereby terminated and canceled; and provided further, tfwt rothinq herein shell affect any rights or liabilities which ;hall have accrued under this band prior to the date of suck termination. Signed, sealed and dated the 17 day of May , 19 7~ TRY GLE H MECHANICAL rrsacrpat GULF INSURANCE CO q Alterwra a pct Q 14, G. Ramey, agent and Attorney in fact Form ] Sala (941) enocrc cowr•~ k 0 0 m ~ z ° o D~~N 4 fp X >~zn Nam LVOL 705 796 EASEMENT ~y THE STATE OF TEXAS X . l882r X COUNTY OF DENTON X KNOW ALL MEN BY THESE PRESENTS: That I, ROBERT WELDON KNIGHT, of Denton County, Texas, in consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid by THE CITY OF DENTON, a municipal corporation of Denton County, Texas, the receipt of which is hereby acknowledged, do by these presents Grant, Bargain, Sell and Convey unto The City of Denton, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by the grantor herein, and being fully described as follows: All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas, in the M. Yoachum Survey, Abstract No. 1442, and being more particularly described as follows: BEGINNING at a point in the east boundary line of Cardinal Lane 241.31 feet from the intersection of the east boundary line of Cardinal Lane and the north boundary line of East McKinney Street; THENCE South 89 deg. 51 50" east 209.5 feet to point for corner; THENCE South 40 feet to point for corner at wall of existing building; THENCE West along said existing wall, 16 feet to point for corner; THENCE North 24 feet to point for corner; THENCE West parallel with the north boundary line of this tract 183.5 feet to point for corner in the east boundary line of Cardinal Lane; THENCE North along the east boundary line of Cardinal Lane to the place of beginning. for the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, its agents, employees workmen and representatives having ingress, egress and regress in, along, upon and across said premises for the purpose of making additions to, *~.lrovements on and repairs to the said public utilities, or any part thereof. LYOI 705 FAU 797 TO HAVE AND TO HOLD unto the said City of Denton as afore- said for the purposes aforesaid the premises above described. EXECUTED this day of May, A.D. 1979, 6 CVh Ro rt a on Kn ght, THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ROBERT WEL.:ON KNIGHT, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This, day of May, A.D. 1974. *RY r p, / A otary Public, Denton County, exas s + My commission expires June 1, 1975. r' cyt N Lva 705 FAGi 798 ~o o ~X H H H z HO FILED I'r4 T V1 MAY 6 Ali 10 01 MARY JO MILL Cp. CLF.RI, eoaxn fx ac~nefi . couxrr MM UWm Cana. Ta,s prp7y Nat tA~ l rhtr-. rt was fi,rd on Iha X171 MIDI t~M+Drd A t cr by na mild was djy n• fd In tlro vydtme rrd r t c: the r-'71 d rrWds yyP OP t OOIIMf'f Ol{Rt4 Pef'bP ~4!~J'r 1W! , y AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON. TEXAS. HELD IN TF. MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF MAY A.D., 1974. R E S 0 L U T I 0 N. WHEREAS, the State of Texas proposes to offer for sale a certain tract of highway right-of-way being 17.818 square feet of land more or less, situated in the Nathan Wade Survey, Abstract 1407. and being a portion of a 4.82 acre tract of land conveyed to the State of Texas by deed recorded ' in Volume 400, Page 103, Deed Records of Denton County, Texas, said 17,818 square feet of land being more parti- cularly described by metes and bounds as follows: BEGINNING at a point in the existing West right-of-way line of I.H.35 South 02 Deg. 57 min. East 344 feet and South 01 deg. 29 min. 00 sec. West 258.77 feet from Northeast corner of a tract of land conveyed to Richard A. Harris by deed recorded in Volume 380, Page 271, Deed _ Records of said County; THENCE South 07 deg. 56 min. 20 sec. East for a distance of 469.74 feet to a point in the South line of said State of Texas tract of land; T. THENCE North 88 deg. 31 min. 00 sec. West for a distance of 76.90 feet to the Southwest corner of said State tract; THENCE North 01 deg. 29 nin. 00 sec. East for a distance of 463.40 feet to the plate of beginning, and WHEREAS, the State of Texas through its Highway Department has re- quested a determination of whether that certain tract of ' land is needed by the citizens of the City of Denton for use as a road; and WHEREAS, an independant determint.tion has been made by the City of Denton that said parcel of land is neither presently ' used nor anticipated to be used or required to be used ' to meet the traffic requirements of the citizens of Denton; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, t that the City of Denton approves of the proposed action of the State of Texas for the sale of the aforementioned pro- perty. 4 PASSED AND APPROVED THIS THE 7TH DAY OF MAY A.D., 1974. r )A J Z BILL NE Ur t.'SYOR ATTW_::~ iOLT CITY SECRETARY CITY OF DENTON, TEXAS APPROVED LEGAL FORM; W. RALPH MLWr CITY-ATTORNEY CITY OF DENTON, TEXAS w 1 F \y w` U s :`r _ tr ~~F12•y1 Comlaiity Development Department NO. 7~' Ib AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO, 69-13 AND AS SAID MAP APPLIES TO LOT NO. 14, CITY BLOCK NO. 150, AS SHOWN THIS DATE ON THE OFFICIAL TAX 14AP OF THE CITY OF DENTON, TEXAS, AND MORE PAR- TICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. 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 "NS" Neighborhood Service 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 "MR-l" Multi-Family District in the same manner as other property located in the "MF-1" Multi-Family District; All thht certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being lot No. 14, City Block N.). 150 and being further described 1s being located on the north side of Withers Street approximately one hundred feet west from the intersection of Frame and Withcers Street and also being known as 623 Withers. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate uses of land for the maximum benefit to the City of Denton, Texas, 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 7th day of May, A. D. 1974. BILL NEU, MAYOR CITY OF DENTON, TEXAS ;ATTES OLT, CI Y SECRETARY Y OF DENTON,. TEXAS APPROVED AS TO LEGAL FORM: RALPH , IT ATTORNEY CITY OF DENTON, TEXAS J~ p c~ T e~ C mac' ~ 3 r" . ,.y y~ JOE KugBY, PRESIDENT WESTERN SURETY COMPANY P O BOX BLOB. DALLAS, TEXAS 77222 w TELEPHONE HELIosE 12020 AREA Coot 214 CERTIFIED MAIL NO. City Secretary City of Denton Denton, Texas Gentlemen: You will hereby take notice that the Western Surety Company, Surety upon Bond No. 1379560 (RR-1411039) being a Sidewalk. Curb anti . +tt r Bond, • issued by the undersigned as Surety for Herbert Brown Lewisvilie_ Texans which Bond is in the penal sum of $ 1,000.00 j and is dated April 11. 1973 , desires to be and renewed thereafter by continuation certificate relieved of any subsequent liability thereunder, and said Bond shall be cancelled as to subsequent liability on and after the 29th day of May , 19.I4.. Datpd this 19th day of-__Apxil , lgl&. WESTERN,fURETY COMPANY By DAK:vp D. Kve mes, Vice President CC: Joe W. Nichols CC: Herbert Brown ~ ~a ~ Y ~ ~ ~ AI:Ri:lit ii:1rT THIS AGRFENKNT is entered into between North Texas State Unlverelty, hereinafter known as the "institution", and the City of Denton, Texas hereinafter known as the "Agency", a public organir.ntLoo, within the mpn"i",, of that term as defined in Section 41A, (6) oc the College Work-Study Reg"14 tionA, for the purpose of providing work to atuuents eligible to participate Ln 1.0% College Work-Study Program, WUERFA S, the Institution and the Agency desire to enter into an Pgrrrw- ii. pnrAuant to Title IV, Part C of the K g"er e6ucation Act of 1965 (P. 1.. B9 10) AS amended, and the regulations of the OpInrtment of ilealth, Education, 8011 Welfare applicable thereto, in order to protaote, foster, and develop two Cuiip.o Work-Study Program, for the purpose of providing employment and work exiw5l•nce to students eligible to participate in the Coiiede Work-Study Program nod to enjoy the mutual benefits arising from said program; and WHEREAS, the Agency will benefit directly from its participants in the said program; and WHEREAS, the said program will benefit the public welfare. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows! 4 Firsts The Agency hereby agrees to provide employment for students duly certified by the Institution and accepted by the Agency. Schedules to be ntrrnc"od to this agreement from time to time, bearing the signnture of an authnrizeo otttcini of the Institution and/or of the Agency will set forth brief descrlptinna of tte work to be performed by the students under thin agreentent,l the total un1nt'r nt students to be employed, the hourly rates of pay, and the average mmnbq t of "our$ per week each student will be utilized. T'heoe schedules will also State th.. total length of the time the project will run, the total percent, if any, of 1 Atudent compensation that the Agency will pay to the institution, and the 1"11-1 percent, if any, of the cost of employers' payroll contribution to be ootop by the Agency, The Institution will inform the Agency of the maximun number of • hUUre por week a stulegt mny work, during the SUPYner or other hericxi of non- regular enrollment during which the etudent is attending classes, Second, Qualifying students will be made available to the Agency by the Institution for performance of speci£tc work assignments. Students may be removed from work on a particular assignment or at the request of the AKrtncy. .The Agency agrees that no student will be denied work or subjected to different treatment under this agreement on the grounds of sex, race, color, crcei, or national origin, and that it will ccxoply with the provisions of the Civil Hi,;hLe Act of 1964 (P. L. 88-3521 78 Stat. 252) as amended and the regulations of the Department of wealth, Education, and Welfare which implement that Act. Third; Transportation for studeoLs to and from their work will not be provided by the Agency or the Institution, Fourth) The Agency shall be deemed the employer for purposes of this agreement, It has the right to control and direct Lhe services of the etu(ierits,nee only as to the result to be acc(Nmplished, but also as to the means by which NCH result is to be accomplished. The Institution shall be limited to determining that the students meet the eligibility requiremente for employment under the College Work-Study Program, referring students for acceptance for employment by the Agency, and to determining that the students do perform their work in fact. The Agency will permit the Institution, from time to time, as it may request, to inspect the premises in which any student is working under this Agreement, and will review with the Institution the working conditions and job requirements of all such students, Fifths The Agency ■sswnes responsibility for injuries to students thnt arise out of and in the course of employment and further agrees t°) assume re- isponsibility for injuries to members of the public and doinages to property resulting from activity of the students within Lhe scope of employment with the Agency in accordance with public liability coverage of the Agency. Sixth: The Agency will asswna the responsibility for all compensation of etudents.for work performed on a project under this Agreement, and will disburse all funds to the College Work-Study employees. The Agency will assume all ro- sponsibilities and liabilities fot payment of employer's contributions for tilo. social security payments, unemployment'cornponsation payments, all other payn'entr under Federal and State laws, or other applicable laws, ACREF?SOT Page 2 SeVe11 L 11: The Agency will assume Lhe responeibili.ty for all pnyroll ductions for work performed, and the resllouatbility for withholding Federal and State income tax deductions, social security'deductions, retirement do- ductions, or any other deductions from the wages of the employee subject to the following terms and conditions: 1, At such times as are agreed upon in writing, the Institution will pay to the Agency an amount calculated to cover the federal share of the compensation of students employed under Lhln agreement and paid by the Agency, Under such an arrangcmcut the Agency will furnish to the Institution for each payroll period the following records for review and retention; r (a) time reports indicating the total bourn worked each week and containing the supurvianr'e certification as to the accuracy of the hours reported and of satisfactory per- formance on the part of the students; (b) a payroll form identifying the I ericil of work, the mane of each student, hie rate per hour, the number of hours worked, hia gross pay, nil deducLions and net earnlahs, and the total Federal share applicable to each payroll; (e) documentary evidence that LtudenLs received payment for their work in the form of a receipt for each check, bear- ing the student's signature, the period of work, and the gross pay. Eighths No student shall perform work on any project under this Agreement for more than an average of fifteen (0) hours per week during any academic period in which classes in which he is enrolled are in session, or for more than forty (40) hours in any other approved non-enrollment period, or as may otherwise be provided under applicable Federal Laws and regulations, If the student does work more than the amount of his eligibility, or exceeds the fifteen (15) hours per week for enrolled students, or forty (40) hours per t week for non-enrolled students, the Agency will assume the total liability for compensation of the student in excess of the allowable maximum, Ninth: This Agreement shall take effect May 30, 1973 , and shall continue through termination, , Tenths Either party may cancel this Agreement upon thirty (30) days written notice to the other party, AGREEMENT Page 3 , w : nr;i:r+r,Y INSTITUTION BY t ; BY I POSITID s. YO ION BATE HATE % 1 1. In accordance with the requirements of the Federal programs, work to be performed under this agreement must be work in the public interest, which (1) will not result in the displacement of employed workers or Impair existing contracts for services; (2) will be governed by such condition of enipioyrnent, including compensation, as will be appropriate and reasonable to llj;ht of such factors as type perforwed, geographical region and proficiency of the em- ployee; (3) does not involve the construction, operation, or matsitenance of so much of any facility as is used, or is to be used, for sectarian inntruction or as a place for religious worship; and (4) does not involve any partiunn 1•,roup or nonpartisan political activity associated with a candidate, or contending faction or group, in an election for public or party office. Further, no work shall be considered to be in the public interest where (1) it is work for which the political support, affiliation or affinity of the student is a prerequ1nL1_e or consideration for employment, (2) it is work to be performed fur an eiected official other than as part of the regular aduLnistration of Federal, State, 1 or local government, or (3) it is work for a membership organization (nueh as a credit union, a fraternal order, or a cooperative) which is primarily for the benefit of the members of such organization rather than the public, (4) wl.ll provide an hourly employment program and compensation to be paid on an hourly basis only not to exceed $3.50 per hour maximwn wage rates as outlined by the College Work-Study regulations in Section 508, and will, at no period of time, result in compensation at a lower rate as required by the Federal and State laws as outlined in the College Work-Study regulations in Section 506. NOTES Once signed by the Ar,ency, all copies of this Agreement must be sent to the Financial Aid Office, F. 0. Box 13525, NT Station, North Texas State University, _A completed copy rill be returned to t;e Agency. 1 . 1 1 t . ~ _a 111 . • 1 1 1 l AGREEMENT Pape 4, 6 SCHEDULS A This phase ofr the„project, 1shall not exceed the time limits indicated in the contract. Subsequent Schedules may be negotiated upon the expressed desire of both the Agency and the Institution. II. The Agency agrees to employ 00student/e at the rate of 43,60 per hour under the provisions of employment set forth in the contract. III. The work to be performed by the student/s for the Agency during the period • shall be as followsi Job Title Analyst TraffIC Description of Duties -0094ptof-trtffie safety iaproresron s and-prepares traffic analysis reports IV. The Institution agrees to provide the required accounting forms described in the contract for the use by the Agency. Ir V. The Institution agrees to pay the Agency 70 (xpercent of the gross hourly wage of each student employed under this schedule from its Federal if College Work-Study Program funds. Following disbursement of the funds, the Agency shall provide to the Institution a receipt for each check bearing the recipients signature and indicating the period of work, the gross pay, t~ all deductions and net earnings. The institution shall wake its remittance payable to the Agency upon receipt of the required payroll records des- cribed in the contract. AQZMCY INSTI low EY I 1 BY I I) !l POSITION POSITION DATE , I~ NOM Once signed by the Agency, all copies of this Agreement must be i sent to the Financial Aid Office, P. 0. Box 13525, NT Station, North Texas State University, A completed copy will be returned to the Agency. II SCHEDULE A 1r tiiThils, phase o!Ith~i+roject shall not exceed the time limits indicated in the contract. •Subaequent'Schadules may be negotiated upon the expressed desire of both the Agency and the Institution, ' i 116 The Agency agrees to employ ens student/s at the rate of 2 m per hour under the provisions of employment set forth in the contract. 1119 The work to be performed by the student/a for the Agency during the period 'f shall be as followst ' Job Titls Plannlp,a Aj w- elan„ Description of Duties graDhjr A& survey, analysis, work-orders I' IV& The Institution agrees to provide the required accounting forma described a in the contracs for the use by the Agency. ' V9 The Institution ogress to pay the Agency , 10- percent of the gross hourly wage of each student employed under this schedule from its Federal College Work-Study Program funds. Following disbursement of the funds, the Agency shall provide to the Institution a receipt for each check bearing I the recipients signature and indicating the period of work, the gross psy, all deductions and net earnings. The Institution shall make its remittance i! payable to the Agency upon receipt of the required payroll records dea- eribed in the contracts AGENCY ` INSTITUTION DY sY s _ POSITION YOS ION 7 • N~1Ti ' s'~ i71r _ DA'TB s ' i r ' N019i Once signed by the Agency, all copies, of this Agreement must be sent to the Financial eid Office, P. 0• Sox 135250 NT Station, Borth 1 Texas state Universitya, A completed copy will be returned to the Agency. 10 1 SCHEDULE A I9 This phase sofa the i~roject,~sh}11 not exceed the time, limits indicated in the controcts ~Subsequent ! Schedules may be negotiated upon the expressed desire of both the Agency and the Institution. II. The Agency agrees to employ student/s at the rate of per hour under the provisions of employment set forth in the contracts Me The work to be performed by the student/s for the Agency during the period , i shall be as follower Job Title 9Description of Duties . surveys G' IVs The Institution agrees to provide the required accounting forms described I in the contract for the use by the Agency. i ' Y. The Institution agrees to pay the Agency „ (x)_ percent of the gross hourly wage of each student employed under this schedule from its Federal f College Work-Study Program funds. Following disbursement of the funds, the Agency shall provide to the Institution a receipt for each check bearing ~I the recipients signature and indicating the period of works the gross pays all deductions and net •irnin8s! The Institution shall sake its remittance Mf , payable to the Agency upon receipt of the required payroll records des- , cribed in tine contracts % l`) AGENCY INSTILTUTIOS By I Ay I MITION S~ POSITION a DATE f! d►1'i 40 WON l 1` . I NOTgt Once signed by the Agency, all copies of this Agreement atust be L! sent to the linaneikl did Offices ls. 0. Box 135259 NT Stations Borth Texas State Uni.varsity, A completed copy will be returned to the Agency. { z , SCHEDULE A iThis phase%Ofitha ~roject shall not exceed the tias.liwits indicated in the contract. Sub sequent 'Schedules may be negotiated upon the expressed desire of both the Agency and the Institution. ' i II. The Agency agrees to employ _jhM& student/e at the sate of ~ per hour under the provisions of employment set forth in the contract. III. The work to be performed by the student/s for the Agency during the period . i shall be as follows Description of Duties Shelving, 36.8if- Job Tttls _Pags reading, inventory of periodicalss material processings circulation, and assistin~ wh're needed. I' IV. The Inst tut on agrees to provide the required accounting forms described 1 in the contract for the use by the Agency. (I~ V, The institution agrees to pay the Agency percent of the gross hourly wage of each student employed under this schedule from its Federal College Work-Study program funds. Following disbursement of the funds, the I .\gercy sha13 provide to the Institution • receipt for each check bearing I) the recipients signature and indicating the period of work, the gross pay, all deductions and net airnings. The Institution shall make its remittance s~ payable to the Agency upon receipt of the required payroll records des- cribed in the contract. tit { , j AGIMM INSTITUTION all I eYl -1 A ITION ff , POSIlIOIi s-~q- GTB i . i~ NOM Ones signed by the Agency, all copies.of this Agreement must be sent to the rinsncial Aid Office, Pe 0. Box 13525, HT Station, Borth Texas State University. A completed copy will be returned to the Agency. I 1 , , n ~ ~ ~ ~ ~ z fi ti ~ . ~ DEED RECORDS VOL 7' 3 fA(25~ EASEMENT THE STATE OF TEXAS 17457 COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That I. JAMES WILSON THOMAS, of Denton County, Texas, in consideration of the sum of Ten Dollars and other good and valuable considerations in hand paid by THE CITY CF DENTON, a • municipal corporation of Denton County, Texas, the riceipt of which is hereby acknowledged, do by these presents Grant, Bargain, Sell and Convey unto the City of Denton, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the property described in Exhibit A attached hereto and made a part hereof by reference, for the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, its agents, employees, workmen and representatives having ingress, egress and regress in, along, upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton as aforesaid for the purposes aforesaid the premises herein described. EXECUTED this 16th day of May, A.J. 1974. ames Wil on Thomas THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally app?ared JAMES WILSON THOMAS, known to me to be the person whose name is f,fau ibed to the foregoing instrument, and acknowledged to me ~YA executed the same for the purposes and consideration therein •l0 GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 'day of '1 a 31974. Notary Public, Denton Count , Texas C . I yon 723 ?AGE 257' EXHIBIT A All that certain lot, tract, or parcel of land situated in the A. Hill Survey, Abstract 623, Denton County, Texas, and being known as a 20 foot wide all-purpose utility easement located in an aiproxi- mately 3.0 acre tract of land owned by James Wilson Thomas (si:e occupied by the Desert Inn Motel), and being more particularly des- cribed as follows: BEGINNING at the Southwest corner of said Thomas 3.0 acre tract for the. Southwest corner of this 20 foot wide easement; THENCE North, a distance of approximately 400.0 feet to a point for corner, said point also being the Northwest corner of said Thomas tract; ..THENCE South 770 10' East with the North line of said Thomas tract and the South ROW line of Highway I-35E, a distance of approximately 20.53 feet to a point for corner; THENCE South parallel to, and 20 feet East of the West line of said Thomas tract, a distance of approximately 395.5 feet to a point for corner; THENCE West with the South line of said Thomas tract, a distance of approximately 20.0 feet to the PLACE OF BEGINNING. f "I S74rE CIF S t kfoy MIS p~~ 4:te a,# b`"Liy 1 40 ~tY OF d~ . N0p tt+m +Mt t Coyq~ I a prQtoo CON"" ~y~~ me a rAd CO ~ nlow c]' ba l.. 1974 7Q1{. MY ~I aElp,~ i y~ o C4 r Vdi 723 o (A a~ No ~ Fll.EF, r Z FFrq^,-- o s i 1't OCT 2 Ahi 9 53 , MARYJO NIIJ. r, n, G!-rF;' r -~y~,. f;,.~ e~'~LR ~Sa+l. :.rte ~ Ll:.... (i~~ ~r~~.~.f~.'~l 'f ~ IY4,• 1. .ya5* ~',1/ 1 J ~ 7-1 H r m ~ ~ T o ~s n r c~ n t~'n _ ~ cn ~ r ~ ~ ~ ~ t ~ ~ I~ ~ ~ ~ z ~ ~ ~ ~ DEED RECORDS VOL 723 FAV 259 EASEMENT THE STATE OF TEXAS 17458 COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That I, ELLEN D. BATEMAN, a feme sole, of Denton County, Texas, in consideration of the sum of Ten Dollars and other good and valuable considerations in hand paid by THE CITY OF DENTON, a municipal corporation of Denton County, Toxas, the receipt of which is hereby acknowledged, do by these presents Grant, Bargain, Sell and Convey unto The City of Denton, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the property described in Exhibit A attached hereto and made a part hereof by reference, for the purpose of installing, constructing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, its agents, employees, workmen and representatives having ingress, egress and regress in, along, upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton as afore- said for the purposes aforesaid the premises herein described. It is understood and agreed that this easement is given on the condition that the grantor herein, her heirs and assigns, shall have the right to tap onto any existing utility lines located within the above easement without payment of any cost of any construction for the laying of any lines to be constructed within such easement. EXECUTED this 16th day of May, A.D. 1974, len D. Bat an 1J Val 723 PAu 260 THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared ELLEN D. BATEMAN, a feme sole, known to me to be the person whose naive is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of May, A:D f 1224; 0'; Notary Public, Denton ou y, Texas va 723 wi 261 EXHIBIT A All that certain lot, tract, or parcel of land situated in the A. Hill Survey, Abstract 623, Denton County, Texas, and being known as a 20 foot wide all-purpose utility easement located in an approximately 14.50 acre tract of land out of a larger tract of land conveyed to Mrs. J. W. Bateman by Will as recorded in Volume 61, page 460 of the Probate Records of Denton County, Texas, and being more ?articularly described as follows: BEGINNING at a point for corner in the South line of said Bateman 14.50 acre tract at a point North 880 38' East, a distance of approximately 480.0 feet from the Southwest corner of said Bateman tract, said point of beginning also being in the North line of a 10.30 acre tract of land conveyed to Michie Thaten by Joe Farina on March 24, 1972 as recorded in Volume 642, page 96 of the Deed Records of Denton County, Texas, said point being South 880 381 West, a distance of approximately 271.9 feet from the Northeast corner of said Thaten tract, said point of beginning also being. common with, and the same as the Northwest corner of a 20 foot wide utility easement dedicated to the City of Denton by Michie Thaten on April 3, 1974; THENCE North 100 301 West, a distance of approximately 311.8 feet to a point for corner, said point also being the Southwest corner of an approximately 3.00 acre tract of land owned by James Wilson .Thomas (site occupied by the Desert Inn Motel); THENCE East with the South line of said J. W. Thomas 3.0 acre tract, a distance of approximately 20.34 feet to a point for corner; THENCE South 100 30" East, a distance of approximately 310.5 feet to a point for corner in the South line of said Bateman 14.5 acre tract; THENCE South'880 38' West with the South line of said Bateman tract and the North line of said Thaten tract, a distance of approximately 20.45 feet to the PLACE OF BEGINNING. I; OF 1 ~ CLERY, Dent COU+m 0'r Droma" ~e~~ y i thrl ~st was r aped he, on Of Denton ►ear Ord ua90 0 Sena d d rfee-- D°d hereyn r ~oop~co OCT 3 r~,4 0 'off CC S ~ O MUNTy MERk Denton Co", Tear S v~ 723 YAGE 2 52 0 w z ~a X10 d. OCi 2 kii ~ 5'+ , MARY JO HILL CO. CLUX, 44 t4 r I~, rri ~ ~ ~ f t 't-r«• ~ k .l•f~( ~ ~ c'.: 1 ~';•lj i~ ~ , `S p« :j' ~ 4\ ` .,f ~>';tet'~q ~qt~ r r~ y~Y~ 4ai~4 r~.~:i DEED RECORDS EASE14ENT rrrr11 nn THE STATE OF TEXAS :VOL 'IU8 FACE J 0 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON I 01903 That E. GAYLE WEST AND WIFE, MARY HELEN WEST of Denton County, Texas, in consideration of the sum of One Dollar and other good and valuable consideration in hand paid by the,City of Denton, Texas, receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property owned by them and being situated in Denton County, Texas, and more parti- cularly described as follows: All that certain lot, tract or parcel of land lying and being sit- uated in the City and County of Denton, State of Texas, and being part of the N. Wade Survey, Abstract No. 1407-and being part of two tracts of land designated First Tract and Second Tract as con- veyed from Adalbert uulrich and wife, Silla Gulrich to E. Gayle Nest and wife, Mary Helen West by deed dated December 19, 1972 and recorded in Volume 662, Page 731 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the south boundary line of said Second Tract said point of beginning being 16.0 feet north 89° 55' east of the southwest corner of said Second Tract and also being 628.0 feet south 0° 05' east and 210.0 feet south 89° 55' west of the inter- section of the south right-of-way line of Barrow Drive and the west right-of-way line of Payne Drive; THENCE south 89° 55' west along the south boundary line of said Second Tract passing at 16.0 feet the southwest corner of said Second Tract same being the southeast corner of said First Tract and con- tinuing south 89° 55' west along the south boundary line of said First Tract a total distance of 24.0 feet to a point for a corner; THENCE north 0° 05' west'8.0 feet west of and parallel with the east boundary line of sajd First Tract same being the west boundary line of said Second Tract'a:.distance of 205.0 feet to a point for a cor- ner in the north boundary line of said First Tract; THENCE north 89° 55' east along the north boundary line of said First Tract passing at 8.0 feet the northeast corner of said First Tract same being the northwest corner of said Second Tract and continuing north 890 55' east along the north boundary line of said Second Tract a total distance of 24.0 feet to a point for a corner; THENCE south 00 05' east 16.0 feet east of and parallel with the west boundary line of said Second Tract same being the east boundary line of said First Tract a distance of 205.0 feet to the place of beginning and containing 4920.0 square feet of land, more or less. •r 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 utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and represen- tatives having ingress, egress and regress in, along, upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AVD TO HOLD uritc the said City of Denton, Texas, as aforesaid for the purposes aforesaid the premises above described. WITNESS their hands this the 22nd day of May, A. D. 1974.. I ~ ~ E. GAYLE EST MARY HEFN WEST THE STATE OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undersigned authority in and for sail County, Texas, on this day personally appeared E. GAYLE WEST AN& MARY HELEN WEST known to me to be the personswhose 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 Ar:n SEAL OF OFFICE, This the 22nd day of May, A.iD. 1974. r . 1*AY'PU~ GCCG~' .A;•,;:•10 OT Y PUBLIC IN D FOR DEN VON COUNTY, TEXAS on S '1' , t~ n • N x til ~s 39tid ~Q~ l0A d~ d CCU tE7~ ~ ~ its ')t►+~~ er 511 Arta roar os01O~ n+~ tM to CA ~ ~ ~ttoY t~ sb ~ " ecu . er 4TH r , )I , • , , l i ~ +IJw ♦.I, / yr - - THE STATE OF TEXAS, DEED RECORDS : V01 708 ou 8'1' } KNOW ALL MEN BY THESE PRESENTS. COUNTY OF DENTON fff THAT JAM1i9 WARD LEE AND FLORENCE C. LEE of Denton County, Texas , in consideration of the sum of One Dol13r and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by i these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following i described property, i owned by them . Situated in Denton County, Texas, in the Survey, Abstract No. All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the N. Wade Survey, Abstract No. 1407 and being part of a tract of land as conveyed from Richard L. Riney to Jim Ward Lee and wife, Florence C. Lee by deed dated August 23, 1965 and recorded in Volume 527, Page 649 of the Deed Records of Denton County, Texas, and more particularly described as follows:, . BEGINNING at the southwest corner of said Lee Tract said point of beginni being 1,244.0 feet south 0° 05' east and 210.0 feet south 890 55' west of the intersection of the south right of way line of Barrow Drive and i the west right of way line of Payne Drive; THENCE north 01 05' west along the west boundary line of said Lee Tract a distance of 206.0 feet to a paht for a corner same being the northwest corner of said Lee Tract; j THENCE north 89° 55' east along 4he north boundary line of said Lee Tract a distance of 16.0 feet to a point for a corner; THENCE south 01, 05' east 16.0 feet east of and parallel with the west boundary line of said Le-: Tract, a distance of 206.0 feet to a pdnt for a corner in the south boundary line of said Lee Tract; ~I THENCE south 890 55' west along the south boundary line of said Lee Tract, a distance of 16.0 feet to the place of beginning and containing 3,296.0 square feet of land, more or less. An d it is further agreed that the said City of Denton, Texas , In consideration of the 1xnefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, i employees, workmen and representatives having ingress, egress, and regr- a in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. i TO HAVE AND TO HOLD unto the said . City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. 'Witness their hand , this the 3 day, , A. D. 19 7#. WARD LE G -ems - FLORENCE C. LEE SINGLE ACKNOWLEDWIENT t YQt 708 PACE 88 THE STATE OF TEXAS, l BEFORE ME, the undersigned authority, COUNTY OF---- DENTON..---...---'---........( In and fcr said County, Texas, on this day personally appeared JAMES -TARD_LEE__AND-.FLQREDICE..C.--LEE - - _ r - - - t - - - r kbO ,;6Jq f%Ag Ito the persons-. whose name. s arautscribed to the foregoing instrument, and acknowledged to me t tNit.. e • uted the same for the purposes and consideration therein expressed. t 'EN JN ER D[Y HAND AND SEAL OF OFFICE, This a 3 - da~d` °°f... __3 r___-. A.D. 19: \ s+' Notary Public, Den 1~QI1 County, Texas 04. 3fy Commission Expires June 1, 17$_.. N . ♦ , JOINT ACKNOWLEDGMENT OF TEXAS, BEFORE ME, the undersigned authority, F - - _ . In and for said County, Texas, on this day personally appeared _ and - - his adfe, both known to me to to the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideratian therein expressed, and the said wife of the Wd having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed and sht declared that she had willingly signed the same for the purposes ar,d consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER 31Y HAND AND SEAL OF OFFICE, This day of-___-_-_-_ A.D. 19_..- ( L.S.) - - Notary Public, County, Texas Jiy Commission Expires June 1, 10 WIFE'S SEPARATE ACRNOWLEDG31ENT 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 be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said _ -„-,.dec_ acknowledged such instrument to be her act and deed, and she lared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVF,N UNDER MY HAND AND SEAL OF OFFICE,This-------- ....................day oL.._.......................... A.D. 19.._...... (L.&) f Notar, Public-, ............._.............County, Texas My Commission Expires June 1, I9._....__ ,,gy~pp CLERK'S CERTIFICATE THE STATE Of, , County COUNTY OF....~....._. ~ }r~. Clerk of the }aunty of saMo>y c lfy that the foregoing instrument of writing dated on the day ---......~w- 19..... , with its Certificate of Authentication, was filed for record iflmq o , the....~~.--4-14...-----......_A. D. 19_ , at... o'clock M., and duly recorded s .a A. D. 19.. _ , at o'clock h1., in the . Records of said County, in Volume , on pages WITNESS MY HA THE COUNTY COURT of said County, at office in the day and year last above written. _ # County Clerk.-_ County, Texas. By _ _ , Deputy. of i [K yya w y 'd ~ p~ o i ~ ~ C F7 ~ ti U ,q ~ a Ca i C7 A i~ i I I ` w I ie w 0 F q ! C C V Q~ w W i i r j D14 \ i WW A ' i GC l i i I fM b0 con I z w "f K,~ 24 I#~f~ I rAt Fz. o t VOL n>-°0 k r HE STATE OF TEXAS, 707nE 317 f KNOW ALL LIEN BY THESE PRESENTS: COUNTY OF DENTON THAT FRANK R. BARROW 8762 of Denton County, Texas , In consideration of the sum of I One Dollar------------------------------ and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free I l ~ f and uninterrupted use, liberty and privilege of the passai,e in, along, upon and across the following described property, owned by him Situated in Denton County, Texas, in the i • Survey, Abstra t No. All that certain lot, tract or parcerl of land lying and being situated in { in the City and County•of Denton, State r-Texas, and being part of the { N. Wade Survey, Abstract No. 1407 and being part of a tract of land as cc veyed from Dale Brown to Frank R. Barrow by deed dated November 30, 1965 and recorded in Volume 542, Page 298 of the Deed Records of Denton County, Texas and more partic-alarly described as follows: BEGINNING at the scathwest corner of said tract said point of beginning be ing 1244.0 feet sol,'h 0° 05' east and 210.0 feet south 890 55' west of the intersection of the south right of way line of Barrow Drive and the west right of way line of Payne Drive; I~ THENCE north 00 05' west along the west boundary line of said tract a dis tance of 206.0 feet to a point for a corner said point also being the northwest corner of said tract; THENCE east 890 55' west along the north boundary line of said tract a di tance of 16.0 feet to a point for a corner; THENCE south 00 05' east 16.0 feet east of and parallel with the west boundary line of said tract a distance of 206.0 feet to a point for a corner in the south boundary line of said tract; THENCE south 890 55' west along the south boundary line of said tract a distance of 16.0 feet to the place of beginning and containing 3,296.0 square feet of land, more or less. And it s further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public abilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas / as aforesaid fur the purposes aforesaid the premises above described. Witness his hand , this the Il* t1A. day of, La~j ay , A. D. 19 74 . ~ l SINGLE ACKNOWLEDG31ENT . VOL 707 ['Au 318 THE STATE OF TEXAS, BEFORE. ME, the undersigned authority, COUNTY OF . DENTON...___ _I in and for said County, Texas, on this day personally appeared Frank R Barrow . - known to me to be the person AN-hose name iS subscribed to the foregoing instrument, 942 4kno,viLdged to'mst, r that he executed the same for the purposes and consideration therein expmssed. ~I a-:;' • ` f~+. da tr f yo- ~ , ~1.L1: ]9 74 GI\'F:N U\DF.R DIY HAND AND SEAL OF OFFICE, This I y of , t''f ^ Notary Public, Lh nton s ` r is My Commission Expires June 1, 19 5 7' 0 JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, l COUNTY OF BEFORE ME, the undersigned authority, _ in and for said County, Texas, on this day personally appeared and---- his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said . , wife of the said having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said. acknowledged such instrument to be her act and deed and she declared that she aad willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER 31Y HAND AND SEAL OF OFFICE, This day A.D. 19 ( L.S.) - - - - - Notary Public, ------------------------_------_-----.--County, Texas My Commission Expires June 1, 19___.._ WIFE'SISEPARATE ACKNOWLEDG31ENT THE STATE OF TEXAS, ` BEFORE ME, the undersigned authority, COUNTY OF f in and for said County, Texas, on this day personally appeared wife of known-to me to he the person whose name is subscribed to the foregoing Instrument, and having been examir.u by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she dcelarcd that she had willin--ly signed the some for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This---------------------------- day of A.D. 19 . (L.S.) - . Notary Public, ...County, Texas My Commission Expi June 1, 19.......... CLERK'S CERTIFICATE I Ap THE STATE OF TEXAS, I, County - COUNTY OF. 414 Clerk of the County Court of said County, do hereby certify that the foreg t~tUy ibgf*r .~r day of_ A. D. 19.... , with its Certifca ntr~c` r`M for~I record in my office on the day of. A. D. 19 at "o 0e "~4#Y ~ s 4C& w k ~ !4ay~he day of.... _ A. F. at Y ,~'/y)oc r recorded this e F$ges_ _ _ _.Record3 of said Cou m _ _ , o WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said t 1 the day and year last above wr4l O County Clerk ..4j% oun , Texaa. (L. S.) By... __.._._.......J~., Deputy. v G : C 4 < G 9~ m ~l Q 0 Q ~ T a L; Z O o o'' S a o Na a ~o 9 E-4 EA f V/ a AI a o Y ^r: P'i i b ~w i > ! 4 X W b4i O: ° c l ~1 ~7 111 (j+~ a Ev `O i k ? ! r w; H e U - DEED RECORDS THE STATE OF TEXAS, = VOL 707 wE795 SNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 1 JAMES L. KEATING AND WIFE, MAUREEN C. KEATING 0023 THAT Denton County, Texas , in consideration of the MY' of of One Dollar------------------------------ and other good and valuable consideration i 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 tothe City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following dereribed property, Survey, Abstract No. All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the N. Wade Survey, Abstract No. 1407, and being part of the Westgate Park Addition Lot No. 3 and 4 of Block B, an addition to the City and County of Denton, as dedicated by Frank R. Barrow by Plat dated September 16, 1965 and recorded in Volume 4, Page 12 of the Plat Records of Denton County, Texas, and more particularly described as follows: I The east 8.0 feet of Lots 3 and 4, Block B of Westgate Park Addition, it and being 205.0 feet in length and containing 1,640.0 square feet of land, more or less. ji ~I I i 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 desc i[bed, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually 1 maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premiaea.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 said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness their, hand , this the o20tk day o f A. D. 18 74 C I L. i A I « UREEN C. KEATING SINGLE ACKNOWLEDGMENT : VOL 707 ME 796 THE STATE OF TEXAS, l} BEFORE DIE, the undersigned authority, COUNTY OF---D80"-7ArfCih.T_.1 in and for said County, Texas, on this day personally appeared..____._.71~MES_..L..-KEATING-A2ID--WIFE--------- MAUE1ERN - 'd:sXEATI NG r known to me to be the-' rs~ S...whose narig-..are... subscribed to the foregoing instrument, and acknowledged to mo th(t_ _%e_ Y.execlAkj cis me for the purposes and consideration therein s;pressed. • D ' . [ Thi .-....day aL....l_.._ , A. GIVEN UNDEJtif (AND AND SEAL OF OFFICE, 1974. ~ r ~4~ Notary Public,YRYCAY1t--------- ........County, Texas '~E?Aj1,~a• Dly Commission Expires June 1, 1975. JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE DIE, the undersigned authority, COUNTY OF in and for said Count)-, Texas, on this day personally appeared - and. . - - . . - h is wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said wife of the said .......having been examined by me privily and apart from her husband, and having the same fully cxplnined 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 DIY HAND AND SEAL OF OFFICE, This day of A.D. 19_ (L.S.) - - - - - Notary Public, County, Texas D1y Commission Expires June 1, 19 WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, ~ BEFORE 31E. the undersigned authority, COUNTY OF. _ _ . in and for said County, Texas, on this day personally appeared _ _ wife of . Itnown to me to be the person whose nnme is subscribed to the foregoing instrument, and having been examined by me privily and apart from her hurband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This....... day of , A.D. 19..__ (L.S.) - Notary Public. County, Texas My Commission Expires June 1, CLERK'S CERTIFICATE THE STATE OF TEXAS, r,__.............. _ ...............?'9F-r1ttt County COUNTY OF- !hat ccljbry Clerk of the County Court of said County, do hereby certify that the fore#*iZ r io%tritlR, ed on the . jay of , A D. 19 with it es(lhpt~ ~~MM ee ~t~ y 41t er ' r L - .cord. ^mrt dome it s IN40 d duly word in my office or, he day of A. D. 19__._. ,GQ~ T gkYaes n ecn ¢e n4 q+j t/q recorded this. day of _ A. D. 19- at 'a[a~j ° of Aem _ % yyp the y p~ on ~ as . . . . . ~r Y Records of said Cou Volum p WITNESS 31Y HAND AND SEAL OF THE COUNTY COURT of sa C t° aAe in 9T9.._ _ the day and year last a e - ~e, Qlflrw......_. 0- - - . Texas F Pd a 3 E-4 1 Z z I i 8 W zi H 04 d h C f O i a i I iL i w i vJ n O ? E j 1 a4 i Hj O i o o o F'wwl ,l r i' e ~HE o ' rti n~; i °o ~m Hi I iC~ liCl 1111 iBl i tr h' U; EIE ! ~ 3 ~ 3 ~ .ar \ \ E i ° i ~ d p CONTRACT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: CGLaTY OF DENTON X This agreement made May, 1974, between the City of Denton, Texas, a Municipal Corporation, herein referred to as City, and W. H. Smith,City of Denton, Benton County, Texas, here- in referred to as owner (whether one or more). The parties recite and declare that: (1) The City currently owns acreage adjacent to land des- cribed in Exhibit A attached hereto, for use in developing a flood control reservoir. (2) Owner is the title holder to the described tract of land set out in Exhibit A, attached hereto and made a part here- of for all purposes. (3) City desires to come onto said tract for the purposes of applying clean fill dirt to said tract, distributing and leveling same to an elevation above mean sea level of 681.5 feet. (4) City has the capability to perform the work required to effect such improvements. The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: I. City, its agents, and employees may enter upon said tract the times necessary to accomplish the purposes enumerated in para- graph three above. II. City agrees to finish all filling prior to completion of the project i.e. approx;mately 200 working days from initiation of the project. III. All expense of said filling is to be borne by City. i IV, City will have no maintenance responsibility after said fill dirt is in place, properly distributed and leveled. V. City agrees to use fill dirt excavated from the flood de- tention pool area. VI. After the improvements enumerated in paragraph three above are completed, all rights under this contract terminate and be- come null and void. IN WITNESS WHEREOF, the parties have executed this agreement at Denton, Texas, the day and year first above written. CITY OF DENTON, TEXAS BY: ' S W. WHITE LgtTY MANAGER .-H. H, PROPERTY OWNER •5 f • • y EXHIBIT A All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the F. Batson Survey, Abstract No. 43, and being part of a tract of land as conveyed from Virgil M. Allen and wife, Clifogene Allen to W. H. Smith by deed dated February 1, 1972 and recorded in Volume 638, Page 254 of the Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at the northeast corner of said Smith Tract, said point of beginning also being the intersection of the centerline of Ronnie Brae Street and the centerline of Payne Drive; THENCE south 10 55' west along the east boundary line of said Smith Tract same being the centerline of Bonnie Brae Street a distance of 910.00 feet to a point for a corner; THENCE north 880 05' west a distance of 190.00 feet to a point for a corner; THENCE north 190 56' west a distance of 796.00 feet to a point for a corner; THENCE north 87° 38' west a distance of 155.00 feet to a point for a corner; THENCE north 20 22' east a distance of 175.00 feet to a point for a corner in the north boundary line of said Smith Tract, same being the centerline of Payne Drive; THENCE south 870 38' east along the north boundary line of said Smith Tract, same being the centerline of Payne Drive, a distance of 640.00 feet to the place of beginning and containing 361,002.29 square feet of land, more or less. v RrffWECORDS DRAINAGE EASEMENT VOL 707 racF 213 THE STATE OF TEXAS X r KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X 8704 For and in consideration of One Dollar and other good and valuable considerations, the receipt whereof is hereby acknow- ledged, and the prospective benefits to be derived by reason of locating, establishing, constructing and maintaining a certain flood control channel under the supervision of the City of Denton, Texas, a Municipal Corporation, W. H. Smith of Denton, Denton County, Texas, (hereinafter called "Grantor"), does here- by grant, bargain, sell, convey and release unto the City of Denton, a Municipal Corporation, its successors and assigns, (hereinafter called "Grantee"), an easement and right of way for a certain flood control channel, hereinafter more particularly designated and described, over and across lands owned by Grantors, situated in the County of Denton, State of Texas, and more parti- c;.larly 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, and being part of the F. Batson Survey, Abstract No. 43 and being part of a tract of land as conveyed from Virgil Allen and wife, Clifogene Allen to W. H. Smith by deed dated February 1, 1972 and recorded in Volume 638, Page 254 of the Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at a point in the north boundary line of said Smith Tract, said point of beginning lying in the centerline of Payne Drive, 344,35 feet north 87° 38' west of the northeast corner of said Smith Tract, same being the intersection of the centerline of Bonnie Brae Street and the centerline of Payne Drive; THENCE south 320 11' east a distance of 614.18 feet to a point for a corner in the east boundary line of said Smith Tract, same being the centerline of Bonnie Brae Street; THENCE south 01° 55' west along the east boundary line of eaid Smith Tract same being the centerline of Bonnie Brae Street, a dittance of 89.18 feet to a point for a corner; THENCE north 320 11' west a distance of 722.46 feet to a point for a corner in the north boundary line of said Smith Tract, sLme being the centerline of Payne Drive; THENCE south 87° 38' east along the north boundary line of said Smith Tract, same being the centerline of Payne Drive a distance of 60.71 feet to the glace of beginning and containing 32,062.68 square feet of land, more or less. VOL 707 ew 244 The right of way hereby conveyed and released includes the right to: (1) Construct, reconstruct, inspect, maintain, and repair a flood c::ntrol channel, whether open or covered, pro- tection works, and appurtenant structures for the pur- pose of confining the waters of Pecan Creek and its tributaries; (2) Maintain and inundate said channel with water; (3) Enter on such lands with the personnel, vehicles and equipment; (4) Remove from the right of way all trees and vegetation that interfere with the purpose for which this right of way is conveyed and released; (5) Take from the rig„t-of-way and use earth, rock, sand, and gravel for the purpose of excavating, widening, Oeepening, and otherwise rectifying the channel, and for the construction, maintenance, and repair of em- bankments, fencing, protection works, ano appurtenant structures by the City, its officers, agents, and em- ployees, and by persons under contract with the said city, and their employees whenever and wherever neces- sary for flood control purposes; (6) Install, maintain, or remove landscaping or other en- vii)nmental improvements; (7) Make all necessary earth fills; and (8) Locate or relocate existing drainage pipes or structures on Grantor's lands lying outside such right of way, pro- vided t:iat after such fill and location or relocation is completed such lands will be left in a neat and orderly condition. Grantor agrees not to further encumber or to install, place, or construct or cause to be installed, placed, or constructed any structures, Facilities, growth or vegetation of a.iy nature within or over the above described lands without the prior written approval of the City. Grantor releases the City from any and all claims for damages arising in any way from or instant to the construction and mainten- ance of the channel across the described lands. IN WITNESS WHEREOF, Iiihave hereunto set my hand this the day of May, A. U. 1974. VOL 707k-AE 15 THE STATE OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared W. H. SMITH, 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 MY HAND AND SEAL OF OFFICE, This the ~ day of May, A. D. 1974. f L A 44th N ARY PUBLIC IN AND FOR NTON COUNTY, TEXAS SIC ti . lt .1 C~IY Ii~K. Aim Gwft. TOY 1 i!'d1 a P1 Mik YrhYr~1 ~Y IM~i M w «rY..•~•~••~•~,..Y.~,w,~ vex 707 racE2iG a e r+ r d..e .r . d w NOW 11 Mr h~ TMM Y 1M~d MIME k Ai MAY if SH Tillf Of Au M rs+i s i ~~u r-,, c~ 04 OD112 fio1- 8no, TIE STATE OF TEXAS, , VOL 707 PAGE 115 KNOW ALL 31EN BY THESE PRESENTS. COUNTY OF DENTIN 111 8624 THAT FRANK R. BARROW DEED RECORDS of Denton County, Texas , in consideration of the sum of 'E One Dollar ($1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledge,, do by these presents grant, bargain, sell and convey unto to the City of Benton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by him . Situated in Denton County, Texas, in the N. Wade Survey, Abstract No. 1407 I • All that certain lot, tract or parcel of land lying and being situated in the N. Wade Survey, Abstract No. 1407 and being part of Lot No. 7 through 14, Block B of the Westgate Park Addition, an addition to the City and County of Denton, as dedicated by Frank R. Barrow by plat dated September 16, 1965 and recorded in Volume 4, Page 12 of the Plat Records of Denton County, Texas and more particularly described as follows: BEING a part of the following Lots and Block of Westgate Park Addition: The east 8.0 feet of Lots 7, 8, 91 10, 11, 12, 13 and 14, Block B and being 837 feet in length and containing 6696.0 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 fi om the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across ~a~~ prs,.'~vith the fight and privilege at all times of the grantee herein, his or its agents, . employees; v rkmen and 'representatives having ingress, egress, and regress in, along uRon•and acrose said premises for the purpose of making additions to, improvements on and repairs,to the said A public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness his band , this the i0J-~-day of May 18 74. FRM~ R. BARROW SINGLE ACKNOWLEDGMENT Vol 707 FAU 116 THE STATE OF TE.AS, COUNTY OF DENT-ON BEFORE DIE, the undersigned authority, in and for said County, Texas, on this day personally appeared . . Frank R. Barrow known to nit to be the person whose n nne iS, subscribed to the foreFo+ni,• instrument, anacln•,jyvledge, me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER M HAND AND SEAL OF OFFICE, This 114 )LL day Cf ~ A.P.1 1 Notary public, DOntO - l ur.ty, My Commission Expires June 1,39174 JOINT ACKNOWLEDGMENT s i'•, THE STATE OF TEXAS - Jr or ' BEFORE ME, t COUNTY OF. In and for said County, Texas, on this day personally appeared..______-.__.__.._.__.__.-._._---- - - and--_...------ - - his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said _ _ , wife of the said _ having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVENT UNDER DIY HAND AND SEAL OF OFFICE, This day of___ A.D. 19---- (L.S.) Notary Public, -county, Texas \I^ Commission Expires June 1, 19._..... WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF . in rnd for said County, Texas, on this day personally appeared _ - - wife of known to ie to be the pe-son whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her net and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This day of..._............. , A.D. 19 _ (LS.) Notary Public . ..County, Texas My Commission Expires June 1, 19_ CLERK'S CERTIFICA THE STATE OF TEXAS, County r,_.._...--.-..-~ , COUNTY OF.................... Clerk of the County Court of said County, do hereby L=rtify that ent writing dated on the _ day Of A. D. 19..._... ,lutl~e ion, w-as filed for record in my office on the day of A. D. 4¢~n oa'4AF apt t,~, and duly recorded this ...................day of................. A. D.'}~Q~, T 04: Apie rl11F as M., in the .................._.............................Records °all 4cs ~ linty, i Olg e....1.... ar gea. • c WITNESS MY HAND AND SEAL OF THE COUNTY C " d unty, at WRAP_. 44110 ....°i.... • 4 _ the day and ye a v ten. Ctiuaty Cler ...g~ ..............,.,County, Texas. (L S.) By._..__ De , Deputy. °ii CJ p'i i L i v ~ A Q r :A a M Y 6 e ~ to E ~ o; z; w K, w w G td $ It La o M 0 x 600, x E o o h?~ m bob r I: ~9 ; • C_ 00 o ~ ~ Gk 'C u ~ t i o ° G W o ('r 1!.'r I5 Ili4 a e~ YJOiflLC9r' ~rl tr - THE STATE OF TEXAS, } ,vix 707 yaf 117 " } KNOW ALL MEN BY THESE PRESENTS. I ; COUNTY OF DENTON 111 THAT FRANK R. BhRROW DEED RECORDS 8625 of Denton County, Texas , in consideration of the sum of { One Dollar ($1.00) nd other good and valuable consideration II in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by him . Situated in Denton County, Texas, in the 1 N. Wade Survey, Abstract No. 1407 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the N. Wade Survey, Abstract No. 1407, and being part of the Westgate Park Addition, an addition to the City and County of Denton, as dedicated by Frank R. Barrow by plat dated September 16, 1965 and recorded in Volume 14, Page 12 of the Deed Records of Denton County, Texas, and more parti-• i cularly described as follows; BEGINNING at the southeast corner of said Barrow Tract said point of beginning being 197.5 feet south 89° 55' west and 50.0 feet south 00 05, east of the intersection of the south right of-way line of Barrow Drive E and tale west right of way line of Payne Drive; I THENCE south 890 55' west along the south boundary line of said Barrow 'bract a distance of 20.5 feet to a point for a corner; THENCE north 00 05' west a distance of 50.0 feet to a point for a corner j in the north boundary line of said Barrow Tract same being the south i right of way line of Barrow Drive; THENCE north 89° 55' east along tpe north boundary line of said Barrow Tract same being the south right of way line of Barrow Drive, a distan%~e of 20.5 feet to a point for a corner; THENCE south 00 (i' east along the east boundary line of said Barrow Tract a distance of 50.0 feet to the place of beginning and containing 1,025.0 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas , in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing rnd perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upqp and across said premises for the purpose of making additions to, improvements on and repairs 0the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for ~ the purposes aforesaid the premises above described. Witness his hand , this the 14ttA day of May D. 19 74 C R. BARR W SINGLE ACKNOWLEDGIMENT *10 YALE 118 THE STATE OF TEXAS BEFORE ME, the undersigned authority, COUNTY OF_DENTON in and for said County, Texas, on this day personally appeared Frank R. Barrow _ - - o cJrdZme known to me to be the person ehose name is subscribed to the foregoing instrument, and 7 0.51 . that he executed the same for thv purposes end consideration therein expressed. 1 , GIVEN UNDER DIY HAND AND SEAL OF OFFICE, This 140.4. day of •.1 A.D. (L.S.) Notary Public, ( t 1. County, 7t.e My Comcassion Expires June 1, .1~6 JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, y BEFORE ME, thv~h COUNTY OF _ _ ~ a ' In and for said County, Texas, on this day personally appeared • - _ and - . . his wife, Loth known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purpc es and consideration therein expressed, and the said- _ wife of the said having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument'o be her act and deed he same for the purposes and consideration therein expressed, and that and she declared that she had willingly signed the... she did not wish to retract it. GIVEN UNDER 31Y HAND AND SEAL OF OFFICE, This day of A.D. 19_..-.. - - - - Notary Public- ------.-County, Texas My Commission Exptreb Tune 1, 19 WIFE'S SEPARATE ACKNOWLEDGMENT THE STATIC OF TEXAS, ~ BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared _ n-ire of - - known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This.......................... day of....., A.D. 19__ . (LS.) Notary Public, ............._._.....................................County, Texas My Commission Expires June 1, 19._......... CLERK'S CERTIFICATE THE STATE OF TEXAS, County COUNTY OF__.-......... %Nh Clerk of the County Court of said County, do hereby certi~ 4i19f ft roar ff~writing dated on the _ day of_....._._._..-----------------....._...._--.-..-_._ , A. D. 4p e#O ( lh'E~_St'i~Rooaa 0i. ser+vgFcion, was Bled for record in my office on the .........day of.... g _ M., and duly recorded this.--- ...............day of.._._.. _ _ . A. {4i«~ ens, a.dk ck M., in the _ Reco said 0Ulf,t'i~ Volume'a?%ft._ fLn pages . WITNESS MY RAN D AND. SEAL OF THE COU •sD pt said Co nCy,lapdtfice in the da a writ en e Ca. tin Cod rk _ County, Texas. (L 3) BY flu. Deputy. C6 ZN M y Y M n a W w i d b U n a of E°. z o w ;0 ~z y ~V z w a w': E $ ~ w1 y C 1~ ~1i ~?E a ~ci o: s H ~(A~,. .!0 fill l l„ • 0 0- o $ G1 m m 3 mw~m Z n p n a- 'L! a m N IF o A ft' 1 z~ ~t TN0g rt w ;Z ° f~ & ^Q O a IF .y GC O o m Z p hA w a, m (t H N d 'tir o o c9 CL 0 E p rt Q . T (0 0 0 o 0 m O CID p $ _o m CL , V1 t A 3 r cn o m 00 10 m < c o n 0 .1 CD <D T m D O 0 T fi o o ~ (D ' > N m Q %l Q m CD T) A o o m x Y~ V ~ 1 Q T N ~ 1 x~/ c`m D G=C ° m 3 A m °c° m° r 0 + D Z pm Q_ ! < a o g o o O K c Nz Gw Z c~ Z o o o! in Or ° ~ N ~9 c .1z N FrA p c , m 0 P). D oom A S z m cr- ; n ~ 0 n o fn a m 0, z 0 m~T Q m ~ z T ' O N• 0 Z T2 0 4 < ~m3 , s ? k, ~ ~ EASEMENT THE STATE OF TEXAS X DEED RECORDS ; VOL 707 ew 797 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X 0024 That JOHN M. WALKER AND WIFE, NANCY L. WALKER of Denton County, Texas, in consideration of the sum of One Dollar and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of +hich is hereby acknowledged, do by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the follow- ing described property owned by them and being situated in Denton County, Texas and more particularly described as follows: All that certain lot, tract or parcel of land lying and being sit- uated in the City and County of Denton, State of Texas, and being part of the N. Wade Survey, Abstract No. 1407, and being part of Lot Nos. 1 and 20 Block B of the Westgate Park Addition, an addi- tion to the City and County of Denton, as dedicated by Frank P. Barrow by plat dated September 160 1965 and recorded in Volume 4, Page 12 of the Plat Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the southeast corner of Lot 2, Block B of the Westgate Park Addition, said point of beginning being 218.0 feet south 00 05' east and 210.0 feet south 890 55' west of the intersection of the south right of way line of Barrow Drive and the west right of way line of Payne Drive; THENCE south 89° 55' west along the south boundary line of said Lot 2, Block B a distance of 8.0 feet to a pant for a corner; THENCE north 00 05' west 8.0 feet west of and parallel with the east boundary line of said Lot 2, Block B passing at 109.0 feet the north boundary line of said Lot 2, Block B same being the south boundary line of said Lot 1, Block B and continuing north 0° 05' vest a total distance of 168.0 feet to a point for a corner in the Abst easterly north boundary line of said Lot 1, Block B; THENCE north 890 55' east along the most easterly north boundary line of said Lot 1, Block B a distance of 8.0 feet to a point for a corner, same being the most easterly northeast corner of said Lot t, Block B; THENCE south 00 05' east along the east boundary line of said Lots 1 and 21 Block B a distance of 168.0 feet to the place of beginning and containing 1,344.0 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. of 707 PACE 798 For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress and regress in, along, upon and across said premises for the 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 said City of Denton, Texas, as aforesaid for the purposes aforesaid the premises above described. WITNESS their hand this the day of May, A. D. 1974. JOH /M. WALK NANCY L. W R THE STATE OF TEXAS X COUNTY OF DENTON X 0 BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared JOHN M. WALKER AND WIFE, NANCY L. WALKER known to me to be the persons whose names are subscribed to the foregoing instrument, and acknoweldged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the a day, of May, A. D. 1974. ,_old f NOTARY PUBLIDC IN D DENTON COUNTY, TEXAS % ill d) I`'III I. M I•.Y. 4 1 l7AYr OF TOW r ry dws AV ObI4 m* auK ah Coo* ~ ~ti,,w 'web,,;' wr~,,.Gw of owimft ,r, awow of "ftd'4r rrft"am! Gm* bystle MAY C , W uo t or,kvtr CY E+ O b hZOE;t~U E6~ 3~a 1,OL IOV iww ~S DEED RECORDS CIT'Y EAOF DET ON lV~l rlo'1 PAGE 615 STATE OF TEXAS COUNTY OF DENTON: KNOW ALL MEN BY THESE PRESENTS: That CHARLES MULKEY 8948 Hereafter termed Grantor, whether one or several, for and in consideration of and other good and valuable consideration to Grantor in hand paid by the City of Denton, the receipt and sufficiency of which is hereby acknowledged, do by these presents grant, sell and convey unto the City of Denton, its successors and assigns, hereafter termed Grantee, an easement and right of way in, under, over and across the following described property: Being the centerline description of a 16 ft. width sanitary sewer easement situated on the Charles Mulkey property located in the Mureau Forrest Survey, Abstract No. 417, Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the North line of an existing County Road, said point being Easterly a distance of 16 ft. from the North line of FM Highway 426; THENCE North 35° 40' West a distance of 50.0 ft. to a point for a corner; THENCE North 58° 40' West a distance of 260.0 ft. to a point for a corner; THENCE South 35° 02' West a distance of 10.0 ft. to a point in the North line of FM Highway 426, said point being the end of this easement. This easement and right of way, together with all rights and privileges hereby granted may be used by Grantee for the purpose of constructing and maintaining a sanitary sewer line and related appurtenances. Grantor shall not construct or place within the above described right of way any buildings, fences, shrubs, trees, or other improvements of growths and Grantee shall have at all times the right to remove and keep removed from said right of way all or parts of any buildings, fences, trees, shrubs, or other structures or improvements of any character. TO HAVE AND TO HOLD THE above described easement and rights unto the City of Denton, its successors and assigns, forever. AND GRANTOR hereby kinds himself his heirs, executors, agents and assigns, against every person whosoever lawfully claiming or to claim the same or any part thereof. Witness /;V hand, th's the day of , A.D. 19('14 STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared 66,L« known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE This the j,9- day of l A. D. 19i N tary Pu lic in and or County, State o ' X10! 1 air: ••+•p•': U ~ 0j J "1 0 y Iri 1 ii . vu 707 w 616 ~Iliii , ' . ~ Q FE tit ~ 9C-%VARRAN1Y DEED-Wiib Sinsk. Joint and Wjir's Seyarate Acknoskdjm zta MAR71\ Statiostr, Co.. Dana. THE STATE OF TE11AS, Know All Men By These Presents: County of .._.DENTON......._....._._._........ 'FE-Li RECORDS Yx 705 wf 323 That KATHLEEN P. FLOYD & CHARLES M. FLOYD 7603 of the County of Denton , State of Texas for and in consideration of the sum of ----------------TEN AND N01100 ($10.00)------------------------ DOLLARS, so them in hand paid'ly the City of Denton, Texas, receipt of which is hereby fully acknowledged have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of Denton, Texas of the County of Denton , State of Texas all that certain lot, tract or parcel of land lying and being situated in the City/County of Denton, State of Texas, and being part of the Robert Beaumont Survey, Abstract No. 31 and being part of Lot 7, Block 31 of the Fry Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from William Clarence Boyd and wife, Helen Boyd to Kathleen P. Floyd by deed dated April 5, 1963 and recorded in Volume 493, Page 288 of the Deed Records of Denton County, Texas and more particularl described as follows: BEGINNING at the most easterly northeast corner of a tract of land con- veyed from Kathleen P. Floyd to the City of Denton by deed dated May 11, 1968 and recorded in Volume 567, Pa a 452 of the Deed Records of Denton County, Texas, said point of beginning also lying in the east boundary line of the aforementioned Floyd Tract and being 4.0 feet north of the southeast corner of said Floyd Tract; THENCE north 81017141" west along the northeast boundary line of said Cit of Denton Tract a distance of 101.75 feet to a pointl THENCE west along the north boundary line of said City of Denton Tract a distance of 10.0 feet to a point for a corner, said point also being the southeast corner of a tract of land conveyed from Kathleen P. Floyd to the City of Denton by deed dated September 3, 1970 and recorded in Volume 608, Page 679 of the Deed Records of Denton County, Texas; THENCE north a distance of 5.5 feet to a point for a corner; THENCE south 79048136" east a distance of 111.76 feet to a point for a corner in the east boundary line of said Floyd Tract; THENCE south along the east boundary line of said Floyd Tract a distance of 1.32 feet to place of beginning and containing 316.20 square feet of land, more or less. V I T l ra 705 PAGE 324 TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Denton, Texas, its successors itefa and assigns forever; and we do hereby bind ourself, our heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said City of Denton, Texas, its successors "g and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness our hand at Denton, Texas this ~roZ`~r day of April , A.D. 14 74 Witnesses at Request of Grantor: / r P LLE LCD HARLES M. FLOYD _ THE STATE OF TEXAS, BEFOkE NIE, the undersigned authority, COUNTY OF...,.DENTON . said Court at. E i... .P..... FIAID ...CHARLES ...M........_ 6b, Y. in and for t . tat. FLOYJI _•4 : known to me to ept ose nape..%L....... are....... subscribed to the foregoing Instrument, and acknowledged to me that the.Y I tydd Ue sa a *4e es~nd consideration therein expressed. GIVEN UIv,~~a OF OFFICE, This ...i~.~~.... !~PFll A.D, 1.._~I. (L. SJ ~ ~ ' 4`~`v r /c 111 Notary Public,.._._ ..................Denton County, Texas M1Commimion E x..5.. - Y spires June 19.... THE STATE OF TEXAS, BEFORE ME, lbe undersigned authority, COUNTY OF In and for said County, Texas, on this day personally appeared............ Rife Ot known to me to be the person whose name is subscribed to the foregoing Instrument, and having been r•amined by me privily and . apart from her husband, and having the same fully explnlnoi to her, she, the said .acknowledged such instrument to be ber act and deed, and she decYred that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, Ihis ........................dty of AD. 19......,,... M (L S.) Notary Publx,......_....... ........................................County, Texas M CommL•,;ioo E 19_..... THE STATE OF TEXAS, BEFORE ME, the undersigned authority. COUNTY OF............ in and for said County, Texas, on this day person0y appeared....__..._ .....................................1.... and his wife, both known to me to be the persons wb(se names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the Wd wife of the said ....................................having been . examined by me privily and apart from her husband, and having the same fully explained to her, she, the said_._.............. ad nowledged such instrument to be her ad and deed, and she declared that she had willingly signed the same for the purposes and consideration therein c~ptcssed, and that she did not wish to retnci iL GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.....,...,. ...............day of A.U. 19..... (L. S.) Notary Public i ounty, Texas My Commission Eapfra June 19 THE STATE OF TEXAS, I'_ COUNTY OF_......... County Clerk of the County Court of Bald County, do hereby certify that the foregoing Instrument of writing dated on the .......of......... , A.D. 19.._..._., with its Certificate of Authentication, was filed for record in my office on the __._.._..._.._day A.D. aL.......... .......o'clock...,,._._......3I., and was duly recorded this....... day A.D. I9 at..........._...o'clock M., In the Records of said County, is Vol. e on pages__.._.._........-_._.... WITNESS my hand and sal of the County Court of said County, at offke in.... _ _.._........._...._....._._.............._..-the day and year last above written. Clerk County Court County, Texas. %L. S.i By_ Deputy. 1 QA nl:!Jl LA -4 C~ i TT aP ~g f i !4 7 ~ H ~ ~ 8 ;L. L 4 i v ~ C I ~ s era 90L T•1 Owner Polley-Form Prescribed by State Board of Insurance of Taos-Revised 1970, Code 561 • Y_ ,..,r W L :i.• .y "J..JN 1lr.y-.t- •.l• Y.t W Cti-:Vr.uy •yi u.•i1~ ' 1 - CrFB 53 ' I \ 1 I \ I \ r~. STEIN7A V`11 IlLL G U A R A \ TY C0 M1'A \ Y t STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter called the Company, for value does hereby guar- t S ontee to the herein named Insured, the heirs, devisees, executors and administrators of the Insured, or if a corporation, its 3 successors by dissolution, merger or consolidation, that as of the date hereof, the Insured has good and indefeasible title to the estate or interest in the lord 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 t the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its i , own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, or any port thereof, adverse to the title to the estate or interest in the loud as hereby guaranteed, but the Company shall rot be required to defend against any claims based upon matters in any manner excepted under this policy by the excep- f tfons in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy", of the Conditions and Stipulations hereof. The party or parties 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 notice of the pendency of + the action or proceeding, cnd 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, 3 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 y Company shall be only such port of the whole liability limited above as sholl bear the some ratio to the whole liability that r the adverse interest, claim, or right established may bear to the whole estate or interest in the land, such ratio to be based on respective values determinable as of the date of this policy. In the obsence of notice as aforesaid, the Company is re- lieved from all liability with respect to any such interest, claim or right; provided, however, that failure to notify shod not prejudice the rights of the Insured if such Insured shall nct be a party to such action or proceeding, nor be served with pro- cess therein, nor have any knowledge thereof, nor in any case, unless the Company shall be actually prejudiced by such failure. v Upon sale of the estate or interest in the land, th s policy automatically thereupon sholl become a worrantor's policy and the Insured, the heirs, devisees, executors and administrators of the Insured or if a corporation, its successors by dis- solution, merger or consolidation, shall for a period of twenty-five years from da' i hereof remain fully protected according to the terms hereof, by reason of the payment of any loss he, they or it may Bust sin on account of any warranty of title r contained in the transfer or conveyance executed by tha Insured conveying the estate or Interest in the land. the Com- pany shall be liable under said warranty only by reasonf defects, [fens or encumbrances existing prior to or at the dote t hereof and not e> luded either by the exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of thlY policy. I IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has caused this policy to be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an authorized countersignature, as of the date set forth In Schedule A. r r + v r. `ttf e~ STE'NVART TITLE' f' ri 1908 0 + TEi({►S choicean { o767190 A lift GENERAL CONDITIONS AND STIPULATIONS 1. Definitions The following terms when used in this policy mean: (al "land": The land cl scribed, specifically or by reference, in Schedule A, and Improvements affixed thereto which by law constitute real property. (b) 'public records': Those records which impart constructive notice of matters relating to the land. (6 -'knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of any public records. (d) "date": The effective dote, including hour if specified, 10 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 pu,chose, lease or lend money on the land. lb) Gtvernmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the dote hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to, building and zoning ordinances. (c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governments or other en- tities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, boys, gulfs or oceans, or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or bulkhecd 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 State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation or their right of access thereto, or right of easement along and across the some. (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, as- sumed or agreed to by the Insured at the date of this policy, or (2) known to the Insured at the dote of this policy unless disclosure thereof in writing by the Insured shall hove been made to the Company prior to the dote of this policy; or loss or damage which would not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property or survivorship rights, if any, of any spouse of any Insured. 3. Defense of Actions (a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company the right to so provide defense in such action or proceeding, and oil 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 shall give the Ccm- pony all reasonable old in any such action or proceeding, In effecting settlement, securing evidence, obtaining witnesses, or defending such action or proceeding. (b) The Company shall hove the right to select counsel of its own choice whenever it is required to defend any action or proceeding, and such counsel shall have full control of said defense. (c) Any action token by the Company for the defense of the Insured or to establish the title as insured, or both, shall not be construed as an admission of liability, and the Company shall not thereby be held to concede [[ability or waive any pro- vision of this policy. 4. Payment of Loss (a) No claim shall or[se or be mointafnable under this policy for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company. (b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the insurance pro Tonto; and the amount of this policy shall be reduced by any amount the Company may pay under any polity insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the insured which is a charge or lien on the land, and the amount so paid shall be deemed a payment to the Insured under this policy. (c) The Campc iy shall have the option to pay or settle or compromise for or in the name of the Insured any claim in- sured against by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the Company is obligated hereunder to pay, shall terminate oil Nobility of the Compomy hereunder as to such claim. Furtfer, the payment or tender of payment of the full amount of this policy by the Company shall terminote oil Nobility of the Company under this policy. (d) Whenever the Company shall hove setileci a claim under this policy, all right of subrogation shall vest in the Com- pany unaffected by any act of the Insured, and it shall be subrogoted to and be entitled to all rights and remedies of the Insured against any person or property In respect to such claim. The Insured, if requested by the Company, shall tronsfer to the Company oil rights and remedies against any person or property necessary in order to perfect such right of subro- gotfon, and shall permit the Company to use +he name of the Insured In any transaction or litigation involving such rights or remedfes. S. Policy Entire Contract Any action, actions or rights of action that the Insured may have, or may bring, against the Company, or4ing out of the status of the title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and any statement in writing required to be furnished the Company, shall be addressed to it of P. O. Box 2029, Houston, Texas 77001. 6. This policy Is not transferable. N SCHEDULE A GF No. 8 53 Owner Policy No.O 767190A Dote of Policy May 7, 1974 Amountof $12,820.00 1. The estate or i Merest in the land insured by this policy is: sFee Sipple, Leasehold, Easement, Etc. Identify or Describe' FEE SIMPLE 2. the land referred to in this policy is described as fo' ows: Being a tract of land in the N.H. Meiienhe4mer Survey, Abstract No. 810 described in Exhibit "A" attached hereto and made a part hereof. 3. The property insured herein is subject to the exceptions in Schedule B below and the following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing sold lien(s): NONE 4. NAME OF INSURED: CITY OF DENTON SCHEDULE B This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements insured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this policy:, 1. Restrictive covenants affecting the land described or referred to above. 2, Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of improvements. 3, All foxes for the year 19 74 and subsequent years. 4. Rights of parties In possession. 5. Any visible and apparent roadway or easement over or across the subject property, the existence of which does not appear of record. 6. One-twenty fourth (1/24) mineral interest reserved in deed dated May 21, 1943 from Frist Texas Joint Stock Land Bank of Houston to Lee R. McDonald, recorded in Vol. 299, Page 565, Deed Records, Denton County, Texas. low _ Fold Counterupn.d, JAGOE AB RACT COMPANY, AGFIU rle Sri,F,, '%,Wl' 1141114111-11 By Aut on 6 n erttpnoWr. •J W a `r,r !•r w %!.1 w •J!,''.••• •1J ••,`•.y..ti w, a~..~•.'.•-• t • J! w -AU . I t 'Tl , O m r= ; F < 7°O Z m rL'A { i o ~3z O :4 ~o D Z>rnN a v 0 y;0. d (A m 3 W T p Z T : N 1 i rrI 00>Z n cZZD m m 0 ~~00 ,►i ? t 00 3 mZ o P O t D r m r !An r #MC e, 3 J r t (1 •1 a e~ c ~ O v V gr . k x ` . c x N ■ N ' . g ~ r 1.1 .tS 1 - • _ a r.s r+ t i ~ r { Z VI 1 O r 1 ~ r n zm I 1 1 Continuation Foam 2113-A T Attached to and made a part of Stewart Title Guaranty Company Poliev No. 0767190A Continuation of Schedile A No. 2 EXHI3IT "A" All that certain tract or parcel of land situates, in Denton County, I Texas and being part of the N. H. Neisenheimer Survey, Abstract No. i 810 more particularly described by netes and bounds as follows: COi•CdENCING at southwest corner of N. H. Meisenheimer Survey; THENCE east 260.5 feet; THENCE north 520 211 east 995.0 feet; THENCE north 610 401 west 550.0 feet; THENCE north 2° 19' east 1,269.0 feet; THENCE south 89° 421 east 550.0 feet to the place of beginning of herein des= cribed tract; THENCE south 00 101 west 500 feet, along a fence line to an iron pin for l corner; THENCE south 890 321 east 278.3 feet to an iron pin for corner; THENCE north 00 1-01 east 500 feet along a fence line to an iron pin for corner; THENCE north 890 421 west 278.3 feet to the place of beginning and con- taining 3.191 acres of land, more or less. AMCHED TO AND "ACE A PART OF ST;IIAAT TITLE CU;VNTY COI.'PANY POLICY No 0767190A CONTIXU ou CF SCHEDULE A No. 2 LOV74 a\'EO 1AC T CO fY AUtHgl COUNTER$iGNAFURE Page 2 STEWYART TITLE OOARANIY COMPANY f.A-S4,. ins E.+R+..t+e+ri V_-~ 89MU08MV 04 DO11-1 dot 706 iAA26 THE STATE OF TEXAS, KNOW ALL MEN BY T HESE PRESENTS: COUNT OF DENTON DEED R EcaR[)s W65 That L. G. HARDAWAY AND WIFE, MARION HARDAWAY of the County of Denton State of Texas , for and in consideration of . the sum of Tarelve 'thousand Eight Hundred Twenty and No/100 ($12,820.00)---DOLLARS, to us in hand paid by the City of Denton, Texas, receipt of which is hereby fully acknowledged have Granted, Sold and Conveyed, and by these preseais do Grant Sell and Convey unto the said the City of Denton Texas ' I of the C nty of llenton , State of Texas , 7s;~EEiG1[ All that certain tract or parcel of land situated in Denton County, Texas and being part of the N. H. Meisenheimer Survey, Abstract No. 810 more particularly described by metes and bounds as follows: COMMENCING at southwest corner of N. H. Meisenheimer Survey; THENCE east 260.5 feet; THENCE north 520 21' east 995.0 feet; THENCE north 619 40' west 550.0 feet; THENCE north 20 19' east 1,269.0 meet; THENCE south 89° 42' east 550.0 feet to the place of beginning of herein des, j cribed tract; ,I THENCE south 0° 10' west 500 feet, along a pence line to an iron pin for corner; THENCE south 890 32' east 278.3 feet to an i--)n pin for corner; THENCE north 00 10' east 500 feet along a f_nce line to an iron pin for ~I corner; THENCE north 890 42' west 278.3 feet to the place of beginning and con- taining 3.191 acres of land, more or less. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights i and appurtenances thereto in anywise belonging urto the said City of Denton, Texas its successors Anitstand assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said City of Denton, Texas p its successors bOn and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof. Witness our hand at Denton, Texas this day of 4 , A. D. 19 74 Witnesses at Request of Grantor: L. G. ARDAWAY 1 HARD AY , SINGLE ACKNOWLEDGMENT J R 108 iu[127 THE STATE OF TEXAS, 1 BEFORE 31E, the undersigned authority, COUNTY OF DENTON _ f in and for said County, Texas, on this day personally appeared L. G. HARDAWAY AND MARION HARDAWAY ♦f rf~~ yet _ _ . krroti'n 3d1,>c 4q~ persons whose names are : ubscrib,,-I to the foregoing instrument, and acknowled ged tome that . they exAtutcc same for the purposes and emisideratinn lhercir. es ressed. j • rIVFN h?1D MY HAND AND SFAL OF OFFICE, This da - f _ May A.D. 1974 7 7 Sol :J. 1• r -4 r Notary 1'0t County, Texas , NIy Commission Expires June 1, 1975.... ' It JOINT ACKNOWLEDGMENT -g1i1i STATE OF TEXAS, ~ BEFORE NIE, the undersigned authority, COUNTY OF In and for said Cour'v, Texas, on this day personnlly appeared - and his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and +he said , 16fe of the said having born examined by me privily and apart from her husband, and having the sarre fully explained to her, she, the said neknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19 f1,.S.1 Notary Public, County, Texas My Commission Expires June 1, 19___ WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF Y in and for sald County, Texas, on this day personally appeared . , wife of own to me to be the, person whose name is subscribed to the foregoing instrument, and having been examined by me privily kn and apart from her husband, and having the some fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared that sl•.e had willingly sis ne l the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This......... day of , A.D. 19 (L S.) Notary Public, ...................._._.........................County, Texas My Commission Expires June 1, 19............ CLERK'S CEI'TIFICATE THE ffATE OF TEXAS, ( County COUNTY OF.. ClerkmallAbs2iiianly Court of said County, do kereby certify that the foregoing instrument of writing dated on the FIAWNT Cdt'YTY OF DEKTOH A. D. 19 with its Certificate of Authentication, was filed for 'P ltR}t~ Dsrtotl . -o'clock.......)I., and duly reoord~.lilrt~oslfl6e"t►sinntrV%rl rdsy,l*(or, the... A. D. 19... . , at. r'aeorA M llms slarnped) irw r,s and vas duly r;•, A. D. I9 , at o'clock . N., in the n tAivdume en pl,,r of the nsm.d r.---cis -1111141i"W Csvnth Tesasds •I•+r►1 btrtm byme, - . Records of said County, In Volume.... , on pages..... WITNESS 1dYAWD&Nf gffAL OF THE COUNTY COURT of said County, at offtce in_ _ . the day and year lost nbuve written. e~nV ca 10 County Clerk County, Texas. S) V By. Deputy. DDIJItif CURK. Donlon County, Texas i O 7. a Y ~a N .9 a rQ . H EH w O k Fff' rP~ r hi 12 !08 i i s j td Rl' Nit(; G0 C gilt; j I/ EASEMENT DEED RECORDS I A wr~~ PACE ~y THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X X192 That E. GAYLE WEST of Dv-aton County, Texas, in consideration of the sum of One Dollar 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 uninter- rupted use, liberty and privilege of the passage in, along, upon and across the following described property owned by him and being situated in Denton County, Texas and more particularly described as follows: All that certain lot, tract or parcel of land lying and being sit- uated in the City and County of Denton, State of Texas, and being part of the N. Wade Survey, Abstract No. 1407, and being part of two tracts of land designated Tract One and Tract Two as conveyed from Joyce O'Dell Williams to Texas Industries, Inc. by deed dated December 30, 1971 and recorded in Volume 636, Page 692 of the Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at a point in the south boundary line of said Tract Two said point of beginning being 16.0 feet north 89° 55' east of the southwest corner of said Tract Two and also being 833.0 feet south 00 05' east and 210.0 feet south 891 55' west of the intersection of the south right of way line of Barrow Drive and the west right of way line of Payne Drive; THENCE south 890 55' west along the south boundary line of said Tract Two passing at 16.0 feet the southwest corner of said Tract Two same being the southeast corner of said Tract one and continu- ing south 89° 55' west along the south boundary line of said Tract One a total distance of 24.0 feet to a point for a corner; THENCE north 00 05' west 8.0 feet west of and parallel with the east boundary line of said Tract One same being the west boundary line of said Tract Two a distance of 205.0 feet to a point for a corner in the north boundary line of said Tract One; THENCE north 890 55' east along the north boundary line of said Tract One passing at a.0 feet the northeast corner of said Tract one same being the northwest corner of said Tract i`'Ao and con- tinuing north 89° 55' east along the north boundary line of said Tract Two a total distance of 24.0 feet to a point for a corner; THENCE south 00 05' east 16.0 feet east of and parallel with the west boundary line of said Tract Two same being the east boundary line of said Tract One a distance of 205.0 feet to the place of beginning and containing 4920.0 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas, in consideration of the benefits above set out, will remove from the property above described, such fences, buildings-and other obstructions as may now be found upon said property. VOl '108 PAGE 90 For the purpose of constructing, installing, repairing and perpetually main- taining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress and regress in, along, upon and across said premises for the 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 said City of Denton, Texas, as aforesaid for the purposes aforesaid the premises above described. WITNESS our hand this the 22nd day of May, A. D. 1974. aye est THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 22nd day of Mdy, A. b, 1974, PUBLIC IN AND FOR TON COUNTY, TEXAS U~ ~`y;~;y ,Y v i• VOL mE JZ i 1'... S ~!4 y O H ~ z c, wo ie# I'sM0► ff NO. - ! AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AT-ENDING THE WEED ABATEMENT AND ASSESSMENT ORDINANCE TO PROVIDE THAT THE CITY MANAGER OR HIS DESIGNEE ENFORCE SAME; REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That the Code of the City of Denton is hereby amended by enacting the following enumerated changes to Chapter 12, Article V, Sections 12-26 through 12-30, said changes to be as follows: (a) The term City Health Officer, City Health Officer or his deputy, or other designated reference to City Health Officer in this particular article, shall hereinafter read the City Manager or his designee. It being the intent of this article that the City Manager, or any person acting under and through the authority of the City Manager shall hereinafter assume the responsibilities of the City Health Officer for purposes of enforce- ment of this particular article. (b) That the term "by contract" be deleted from Sec- tion 12-28 of said article. PART II. That this ordinance shall repeal every prior ordinance and provision of the City of Denton Code cf ordinances in con- flict herewith, but only insofar as the portion of such prior ordinance or provision shall be in confict and as to all other ordinances or provisions of the Code of Ordinances of the City of Denton not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. PART III. That if any section, part of section or provision of any section of this ordinance shall be held to be void, ineffective or unconstitutional by any court of competent ,jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the re- maining sections and provisions of this ordinance, which shall remain in full force and effect. The City Cn uncil would not have passed any section, parts of sections or provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. PART IV. That this ordinance shall be effective inmiediately upon its passage. PASSED and APPROVED this the 21st day of May, A. D. 1974. U, MAYOR CITY OF DENTON, TEXAS ATTEST: BRC$JK6 HOLT, CITY SECRETARY- CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 2~ # A W: RALPH ATTORNEY CITY OF DEN ON, TEXAS 'r 7, n • ~ a J sr :s s i CC --MA - DEED THE STATE OF TEXAS, KNOW ALL D ESN V(X 706 F~ sus BY THESE PRESENTS: COUNTY OF DDITON THAT BENEDICT-vKIFLI~ER PROPERTIES 8530 of Dallas, Texas , in consideration of the sum of TEN DOLLARS AND NJ/100----- and other good and valuable consideration in hand paid by City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, { owned by us . Situated in Denton County, Texas, in the I ~ BEIVG a portion of 107 17A in BLACK 4 of the NORZHSIDE ADDITION to the City of Denton, Denton County, Texas, beginning at the East property line and running sixteen(16; ft. West and being pore particularly described by the plat attached hereto and made a part heroof. i • And it Is further agreed that the said Benedict-Voelker Properties Ln consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of an underground utility easenent required for electrical service. in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across igid premises for the purpose of making additions to, improvements on and repairs to the said any part tbdieof. TO HAVP AND TO HOLD unto the said City of Denton, Texas as aforesaid for o 'tie purposes &fare" the premises above described. • A fitness my hand , this the 13th day of may , A. D. 9 74 . 'I SINGLE ACKNOWLEDGMENT t VOL 706 PAGE 91 1 THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY in and for said County, Texas, on this day personally appeared.---.- 1~."?S,~- to me to be the person. .....whose name 4S subscribed to the foregoing instrument, and acknowledged to me * f t rat -Jle . '.ex uted the same for the purposes and consideration therein expressed. i O~ / IV A 0 r ER MY HAND AND SEAL OF OFFICE, This day f m'q A.D 19 ' y - - - - Notary Public, -..County, Texas 7~•,••• :ply Commission Expires June 1, 197, •ti JOINT ACKNOWLEDGMENT ~ E ZOF TEXAS, BEFORE DIE, the undersigned authority, -ttt-R1•I OF --J in Lnd for said County, Texas, on this day personally appeared _ _ and...-_..._ his wife, both known to In to bethe persons whose names are subscribed to the foregoing instrument and acknowledged to me that thry each executed the same for the purposes and consideration therein expressed, and the said... wife of the said _ having been examined by me privily and apart from her husband, and having the same. fatly explained to her, she, the said - . _ _ acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day A.D. 19----- _ Notary Public, County, Tex" bly Commission Expires Juno 11 19 WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF - - in and for said County, Texas, on th'day personally appeared . - . , wife of . known to me to bethe person whose name is subscribed to the foregoing instrument, and having been examined by me privily Ard apart from her husband, and having the same fully explained to her, she, the said acknowledged such Instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,Tbl& ...........................dry of , A.D. 19_--.._... (L S.) Notary Public, County, Tex" My Commission Expires June 1, 19__...-. SV~ ~ CLERKS CERTIFICATE THE ST TE I R , County COUNTY F._..__._.........._._....b?.n r. w. ..41 Clerk of #e Co y Court Go ip , do hereby certify that the foregoing Instrument of writing dated on the ...day .~.9~L. A. D. 19...._._, with Its Certificate of Authentication, was filed for record eon the...... .1-g.pa of A. D. 19........ , at----- _ o'clock . M, sud duly recorded i . ty H'l. j.A A. D. 19....-...., at............ o'clock............. M, in the ..---._.Q........-.y _.._..Aecords of Bald County, in Volume, , on pages,..................... WI Y HARD THE COUNTY COURT of said County, at osgce In- the day and year last above written. piss County Clerk County, Texas. (L 8) By Deputy. n CJi AAj II i i 0 i ? i i i V oif a' ° ° E+ 3 o Coe) fk I ! m M V Od ~ ~ I ~ c~ i C.) i i S ( I }l, y !!fLI 0.~,L, ti DENTON COUNTY ELECTRIC COOPERATIVE, INC. COMMUNITY OWNED • COMMUNITY BUILT • COMMUNITY BUILDER 0 May 13, 1974 3000 WEST UNi VERSITY DRIVE IN, 0. &OX 690 DENTON, TEXAS 76201 To: The City of Denton AREA CODE 617 382.2831, 387.4669, 3678232 Dear Sirs: In connection with the construction of Floodwater Retarding Structure No. 16, Hickory Creek Watershed, plans and profile on file in the office of Soil Conservation Service indicates that Denton County Electric Cooperative poles and line will be involved in the flood pools and construction area of said site. BOARD OF OLRECIOBS N144 WI This letter is to advise that (1) the Cooperative will raise C. R. H' AccARD line in construction area to provide 35 foot clearance for vkKP .sid«v construction of the dam, at the expense of the Cooperative, TROY P. MKLER upon thirty pon y (30) days notice, and (2) the Cooperative offers S.a.1w7r"sww JOHN D.FAUGHT no objection to its right-of-way being inundated during r,. L CRIDER extreme flooding conditions. M. E. HOLLEY WALLACE E. HORN MANAGER aIU a cauNs Bill R. Collins Manager ATTEST: r Tax" 49 D&"m Secretary R.ola, to ~ s~ ~ ~ ~ ~ ~ % c 6EnERALTELEPHonE COMPAM OF THE SOUTHWEST Denton, Texas 76201 May 16, 1974 Mr. Jim White, City Manager City of Denton Denton, Texas 76201 Dear Mr. Whites In connection with the construction of Floodwater Retarding Structure No. 16, Hickory Creek Watershed, plans and profile made by the Soil Conservation Service indicated that General Telephone's poles and line will be involved in the flood pool and construction area of said site. This letter is to advise that (1) the Company will raise its line in the construction area of the dam to a height of 25 feet, at the expense of the Company, upon thirty (30) days notice, and (2) the Company offers no objection to its right- of-way being inundated during extreme floods and it being covered by portion of the dam. Sincerely, H R. J ES Division Manager HRJ:lc A part of General Telephone & Electronic+ ~ € EMMMR ❑ Policy No,(s) " t This is to certify that Sentry Insurance a Mut , r a 1R herein such and so many of the kinds of incur r. S and that such insurance, svb;ect to the insurin t'r'w, ~1th,Ir: , r -i K v the date of this certificate. Ti,is certificate of t3' a coverage afforded by the policy number(s) list s are It force EIiR> t and 16tis POW slnEffih` tpf yoEi 41Ma ale 4 fo < Hamad 'nsured and Address: ~i CHARLES DAVID MULKEY ROUTE #2 BOX 649-H DENTON, TX 76201 L ►OUCY NO. KIND Of INSURANCE LIMITS OF LIARILLTY EXPIRATION DATE GINERAt LIARILMY INSURANCE Ewtr Occw once Armen w 42-85330-01 lodny tniwry UaWtIy $ 300,000 4 and renewal then"! Property Damage UabtGly f 25, OOO ; 50 000 N blank, we bokrw O Conlroctval• 0 Completed Opns. A Predves r GARAGE INSURANCE Each Farton Each OccurrerK4 Aepreyate 1" fy tiqury Liability III and renewal thereof Property Daewge LWARty = S Confrectual • q ~O°k' see 6141W ~ 1LANKET EXCESS LIA11LiTY $t,0%,000 Each Occurremo and Aggregate unless ether- _ UmbreMn win stated hardn. Aggregate Rmit pertains enty to and renewal thereof completed operations - Froducts f in Raw of $1,000,000 If btenk, we'retew hoswds as described In the Pottry AUTOM0111.E LTAIIUTY INSURANCE Each Person I tech Octurrame 42-85330-01 Reddy fniwry U*bTRy k 1000000 I : 30o r000 and renewol thereof Propwy Damoge Uobllity f 25,000 If blank, no 684 r W Owned Awtoe Ij Non-Owned Avtot WORKMEN'S COMPENSATIVN Fully CornpPos with Requlremenh of Stole law end renewal thereof If blank, we beMw • Coverage Is provided for liability assumed by the named Insured for the contract between the named insured and Dated In accordance with the Contractual Liability Insurance Part of the policy and for other contracts as defined to the policy. RAMAJtXS: This certificute remains in efhcl, separately for each policy certified, until the earliest of the following: 1. The specified termination date contained in a written nolke maired, by regular mail, to the cetlificate holder. The insurer will given ten days prior notice of such termination; or 2. The effee,,;ve dote shown in replacement certificate mailed to the certificate holder; or 3. The expiration date, if any, shown in above "Expiration Dote" column. If no date has been entered, Ihis certificate Is- contin-uous until terminated in accordance with paragraph 1 or 2 above. If the insurance coverage is reduced, ten days prior notice of such change wi;l be sent, by regular moil, to the certificote holder. Name and Add•esr of Certficnte Meteer: SENTRY INSURANCE A MUTUAL COMPANY r -I n _ CITY OF DENTON ey~'` we- 215 E MC K I NNEY Pretidenr s«,erory DENTON, TX 76201 SENTRY INDEMNITY COMPANY L J rni/ane tieer.tary rao.Arooe e•73 r I ~ s ~ r z i' S d r >t 1`,~S W 1~r L(? ;♦i j y+ ~~•~~at I'.€.'^ 1 ~~SY` fit' y.. ~+^FT. ` - t ~'~Es~ Y' ~ ~ ~1 ~ ~~S Yt r ,v . ~ V1.Y► V~ ~1• C~~ .1 S~.+I.i-'' ~K 3'y!; k s ~t. 3♦4} y ♦ ~,.t~ • ri t~ i .~i..~r NO. 7y-i> AN ORDINANCE REPEALING ORDINANCE NO. 74-15; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That Ordinance No. 74-15, passed on the 7th day of. May, 1974 in a regular meeting of said Council is hereby repealed and declared null and void. PART II. That this ordinance shall be effective upon its passage, PASSED AND APPROVED this the 21st day of May, A. D. 1974. j~?o - CITY OF DENTON, TEXAS ATTEST: BROOKS HOLT, CITY SEW= CITY OF DENTON, TEXAS APPROVED AS 0 LEGAL FORM: a&4--C._ 'Or3~ CITY OF DENTON, TEXAS X~' f C O J V e V ~ ~ ti . ~~11_ ~ CONTRACT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X This agreement made may rU 1 1974, between the City of Denton, Texas, a Municipal Corporation, herein referred to as City, and Billy D. Harvey, City of Denton, Denton County, Texas, herein referred to as owner (whether one or more). The parties recite and declare that: (1) The City currently owns acreage adjacent to land des- cribed in Exhibit A attached hereto, for use in developing a flood control reservoir. (2) Owner is the title holder to the described tract of land set out in Exhibit A, attached hereto and made a part here- of for all purposes. (3) City desires to come onto said tract for the purposes of applying clean fill dirt to said tract, distributing and leveling same to an elevation above mean sea level of 661.5 feet, (4) City has the capability to perform the work required to effect such improvements. The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: I. City, its agents, and employees may enter upon said tract the times necessary to accomplish the purposes enumerated in paragraph three above. II . City agrees to finish all filling prior to completion of the project i.e. approximately 200 working days from initiation of the project. III. All expense of said filling is to be borne by City, IV, City will have no maintenance responsibility after said fill dirt is in place, properly distributed and leveled. V. City agrees to use fill dirt excavated from the flood de- tention pool area. VI. After the improvements enumerated in paragraph three above are completed, all rights under this contract terminate and be- come null and void. IN WITNESS WHEREOF, the parties have executed this agreement at Denton, Texas, the day and year first above written. CITY OF DENTON, TEXAS BY: yJZEi~~d/l~J:/ MES W. WHITE ITY MANAGER ILLY ARV EXHIBIT A All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas and being part of the F. Batson Survey, Abstract No. 43, and being part of a tract of land as conveyed from John Linn Smith and Dillon Francis Smith to Billy D. Harvey by deed dated October 14, 1969 and recorded in Volume 593, Page 33 of the Deed Re- cords of Denton County, Texas and more particularly described as follows: BEGIN?TING at the southeast corner of said Harvey Tract, said point of beginning lying in the centerline of Payne Drive, 449.27 feet east of the intersection of the centerline of Payne Drive and the centerline of Bonnie Brae Street and also being the southwest corner of a tract of land as conveyed by John Linn Smith and Dillon 'rancis Smith to Gene Gamble and Billy D. Harvey by deed dated October 14, 1969 and recorded in Vol- ume 593, Page 37 of the Deed Records of Denton County, Texas; THENCE west along the south boundary line of said Harvey Tract, same being the centerline of Payne Drive a distance of 400.0 feet to a point for a corner; THENCE north 52.08 feet east of and parallel with the west boundary line of said Harvey Tract a distance of 900.0 feet to a point for a corner; THENCE east a distance of 400.0 feet to a point for a corner in the east boundary line of said Harvey Tract; THENCE south along the east boundary line of said Harvey Tract a distance of 900.0 feet to the place of beginning and contain- ing 360,000 square feet of land, more or less. DEfp RECORO~ DRAINAGE EASEMENT ' ~.vr L VOL VO F11CE .U1 THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X For and in consideration of One Dollar and other good and valuable considerations, the receipt whereof is hereby acknow- ledged, and the prospective benefits to be derived by reason of locating, establishing, constructing and maintaining a certain flood control channel under the supervision of the City of Denton, Texas, a Municipal Corporation, Billy D. Harvey of Denton, Denton County, Texas, (hereinafter called "Grantor"), does hereby grant, bargain, sell, convey and release unto the City of Denton, a Munic- ipal Corporation, its successors and assigns, (hereinafter called "Grantee"), an easement and right of way for a certain flood con- trol channel, hereinafter more particularly designated and described, over and across lands owned by Grantors, situated in the County of Denton, State of Texas, and 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, and being part of the F. Batson Survey, Abstract No. 43, and being part of a tract of land as conveyed from John Linn Smith and Dillon Francis Smith to Billy D. Harvey by Deed dated October 14, 1969 and recorded in Volume 593, Page 33 of the Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at a point in the east boundary line of said Harvey Tract said point of beginning being 105.17 feet north of the southeast corner of said Harvey Tract, said southeast corner lying in the centerline of Payne Drive and being 449.27 feet west of the intersection of the centerline of Bonnie Brae Street and the centerline of Payne Drive; THENCE north 260 24' 52" west a distance 353.81 feet to a point for a corner; THENCE north 190 58' west a distance of 253.30 feet to a point for a corner; THENCE north 670 35' west a distance of 168.88 feet to a point for a corner; THENCE north a distance of 43.27 feet to a point for a corner; THENCE south 670 351 east a distance of 203.02 feet to a point for a corner; THENCE south 190 58' east a distance of 268.70 feet Eo a point for a corner; THENCE south 260 24' 52" east a distance of 271.03 feet to a point for a corner in the east boundary line of said Harvey tract; va 708 r~cF 82 THENCE south along the east boundary line of said Harvey Tract, a distance of 89.92 feet to the place of beginning and containing 30,374.72 square feet of land, more or less. The right of way hereby conveyed and released includes the right to: (1) Construct, reconstruct, inspect, maintain, and repair a flood control channel, whether open or covered, pro- tection works, and appurtenant structures for the pur- pose of confining the waters of Pecan Creek and its tributaries; (2) Maintain and inundate said channel with water; (3) Enter on such lands with the personnel, vehicles and equipment; (4) Remove from the right of way all trees and vegetation that interfere with the purpose for which this right of way is conveyed and released; (5) Take from the right of way and use earth, rock, sand, and gravel for the purpose of excavating, widening, deepening, and otherwise rectifying the channel, and for the construction, maintenance, and repair of embankments, fencing, protection works, and appurtenant structures by the City, its officers, agents, and em- ployees, and by persons under contract with the said city, and their employees whenever and wherever nec- essary for flood control purposes; (6) Install, maintain, or remove landscaping or other environmental improvements; (7) Make all necessary earth fills; and (8) Locate or relocate existing drainage pipes or structures on Grantor's lands lying outside such right of way, pro- vided that after such fill and location or relocation is completed such lands will be left in a neat and orderly condition. Grantor agrees not to further encumber or to install, place, or construct or cause to be installed, placed, or constructed any structures, facilities, growth or vegetation of any nature within or over the above described lands without the prior written approval of the City. Grantor releases the City from any and all claims for damages arising in any way from or instant to the construction and main- tenance of the channel across the described lands. IN WITNESS WHEREOF, I have hereunto set my hand this the _day of May, A. D. 1974. BILLYc91 HARVET- LYOI .708 PAGE 83 THE STATE OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared BILLY D. HARVEY known to me to be the person whose name is subscrihed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, Ibis the day of May, A. D. 1974. / ~ y M~. cif ~a NOTARY PUBLIC IN AND FOR H DENTON COUNTY, TEXAS to ~ S`3 t' H y, aUN + t7 ' w M H w )-3 ~ o c p z W q oA V _ w ~ ,W w l 7. I_' 1 1 ~16 woo of 1013 too, Iwo" W" Ows go °o`"a l6g, 1914 v'~~Y<~L'''"' :,;rr ~ ;.-i ,K. ~ 1"" r 41'~~`y~ .rS"~ 6d'~y~~~+r}'';1.4; st a t $ CERhFICXCE FOR 'l-y -K~-~- • ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said city, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 7TH DAY OF MAY, 1974, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Bill Neu, Mayor Morris Kibler Tom Jester Mrs. Lillian Miller George Schneider and all of said persons were present, except the following absentees: Nnn16-: , thus constituting a quorum. Whereupon, among other business, the followinq was transacted at said Meeting: a written ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it'the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passel at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, fell, and correct excerpt from said city Council's minutes of said Meeting pertaining to the passage of said Ordi- nance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently noti- fied officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance woul9 be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meet- ing was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all pur- poses. ;SIGNE AND SEALED the 7th day of May, 1944. c ity Secretary Mayor (SEAL) We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton. Texas, hereby certify that we prepared aAd approved as to le ity the attached and following Ordinance prior to its ge siaf esaid. If 'Aff / q ty- ,Attorney on A tornays ORDINANCE NO. 74- ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That the City SEcretary is directed to issue a Notice of Sale of Bonds in substantially the following form: "OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS $2,000,000 WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1974 $1,500,000 rr,ECTRIC REVENUE BONDS, SERIES 1974 $1,800,000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES 1974 $985,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1974 The City Council of the City of Denton, Denton, County, Texas, will receive sealed bids at the Municipal Build- ing in the City of Denton until: 10:30 a.m., Tuesday, June 25, 1974, for the purchase of: $2f0001000 Waterworks a.:d Sewer System Revenue Bonds, to be dated July 15, 1974, and to mature serially July 15 each year 191b through 1948. $1j,500000 Electric Revenue Bonds, to be dated July 1, 741 and to mature serially November 1 each year 19% through 191K. $1,800,000 General Obligation Street Improvement Bonds, to be dated July 15, 1974, and to mature serially Jtily 15 each.year 1917Lo through 19U. $985,000 General Obli ation Refunding Bonds, to be dated June 15 , 974p an to mature serially December 15 each year 194_i through 191L. Sealed bids, plainly marked "Bid for Ponds", shoulC. be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Did Form" to be made available by the City Council prior to the date of sale. ►:141,•. L'. t, 1 ' All sealed bids will be publicly opened and tabulated before the Council. Copies of the "Official Statement" and "Official Bid Form" are being prepared and will be mailed to prospec- tive bidders on or about June 10, 1974, and will be fur- nished to any prospective bidder upon request, by First Southwest Company, Mercantile Bank Building, Dallas, Texas, 75201, Financial Advisors to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. • By order of the City Council of the City of Denton, Texas. BROOKS HOLT City Secretary City of Denton, Texas." w 2. That said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices; and said Notice also shall be published once in the "Denton Record-Chronicle", which has been designated as the official newspaper of the City of Denton. Said publications shall be made at least thirty days prior to the day set for re- ceiving bids. m r4 r a z? -fl J y 11 x SCS-AS-78 PROGRAM Flood PmentloL Rev. 4-72 UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE CERTIFICATION RELATING TO LAND RIGHTS, WATER RIGHTS AND CONSTRUCTION PERMITS FOR THE Trdnj WATERSHED STATE OF T*xas The undersigned of D~nfan (Name of Local Organization) and (Name of Local Organization) having agreed to a watershed work plan for the above designated watershed, hereby certify that: 1. Adequate land rights (including permits to use land) and water rights needed for the installation, operation, maintenance and inspection of the works of improvement described as follows have been acquired: 16 and 17A Hio:ory Creek 8ubratersbad The land rights were acquired in compliance with the requirements of the U. S. Department of Agriculture Regulations, Title 7, Part 21, of the Code of Federal Regulations; and all relocation payments and relocation assistance advisory services required by said regula- tions because of the acquisition of these land rights have bean provided or will be provid- ed until all persons displaced by these acquisitions have been properly relocated. 2. The legal instruments by which the land rights were acquired have been properly signed, acknowledged, and recorded. 3. A copy of each land rights instrument not previously furnished to the Soil Conservation Service is attached. 4. All construction permits required by State or local law have been acquired. + Including storage rights where applicable. -Z S I _Y j 5. Only the following (i.e., utilities, roads, etc.) that would interfere with the construction, inspection, operation and maintenance of the works of improvement described herein remain 1 to be salvaged or relocated. The arrangements made for the salvaging or relocating, and 'r the time such work will be accomplished is as indicated below: i 1. RBA Pover Line and General Telephone Company line will be raised prior to b.,inning of construction. 2. City transaission power line vill be raised to minimum safety standards prior to beidruni of construction. ' 3• Bonnie Brae (a street will be closed by the city during construction bnd will be raised to 2 feet above emergenoy epillvay elevation. York • d will be completed before site cou truotion is oompleted. S~ The Local Organization(s) recognizes that any excess costs resulting from the inadequacy of any rights certified to herein are the responsibility of the local organization(s). (4 c+{~N1_arc~,ti. This action authorized (N e o Local Organization) at an official meeting of on day of 19`, By : at , State of rile: - '714<. Date: 7el Attest: / (Name) (Title) This action authorized (Name of Local Organization) at an official meeting of on 4j'y of , 19_, By: at State of Title: Date: Attest (Name) (Title) 1 • CE.RTIF-KATE: FOR ORDINANCE DIRECTING THE.Ii9SUANCL OF NOTICE OF SALE OF BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. The City council of said City convened in REGULAR MEETING ON THE 21ST DAY OF MAY, 1974, at the Municipal Building {City Hall}, and the roll was called of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Bill Neu, Mayor Morris Kibler Tom Jester Mrs. Lillian Miller George Schneider and all of said persons were present, except the following absentees: , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordi- nance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently noti- fied officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meet- ing was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all pur- podes. SIGNED AND SEALED the 21st day of May, 1974. City Secretary Mayor (SEAL) Wel'the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Ordinance prior to its passage: as aforesaid. \ City Att e n Attorneys ORDINANCE NO. 74-4do ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That the City Secretary is directed to issue a Notice of Sale of Bonds in substantially the following form: "OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS $2,000,000 WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1974 $1,500,000 ELECTRIC REVENUE BONDS, SERIES 1974 $1,800,000 GENERAL OBLIGATION STREET IMPROVEMENT BONDS, SERIES 1974 $985,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1974 The City Council of the City of Denton, Denton, County, Texas, will receive sealed bids at the Municipal Build- ing in the City of Denton until: 2:00 p.m., Tuesday, June 25, 1974, for the purchase of: $2,000,000 Waterworks and Sewer System Revenue Bonds, to e dated July 15, 1974, an to mature serially July 15 each year 1976 through 1998. $1,500,000 Electric Revenue Bonds, to be dated July 1, 1974f and to mature serially November 1 each year 1976 through 1998. $1,800,000 General Obligation_Street Improvement Bonds, to be dated July 15, 1974, and to mature serially July 15 each year 1976 through 1994. $985,000 General Obli atior Refunding Bonds, to be dated Judy 15, 1974, an to matu::e serially July 15 each year 1976 through 1994. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior to the date of sale. All sealed bids will be publicly opened and tabulated before the council. Copies of the "Official Statement" and "Official Bid Form" are being prepared and will be mailed to prospec- tive bidders on or about June 10, 1974, and will be fur- nished to any prospective bidder upon request, by First Southwest Company, Mercantile Bank Building, Dallas, Texas, 75201, Financial Advisors to the City. The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. BROOKS HOLT City Secretary City of Denton, Texas." 2. That said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices; and said Notice also shall be published once in the "Denton Record-Chronicle", which has been designated as the official newspaper of the City of Denton. Said publications shall be made at least thirty days prior to the day set for re- ceiving bids. w i ~~/~C ~ ~ ~ ~ . ~ . ~ ~ ~ . . . t~ t , . ~ . . . a r . , . . ~ 11 : 1 - 4 ~)y Vt ! _ Y .y • f CONTRACT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X This agreement made May u, 1974, between the City of Denton, Texas, a Municipal Corporation, herein referred to as City, and Gene Gamble and Billy D. Harvey, City of Denton, Denton County, Texas, herein referred to as owner (whether one or more). The parties recite and declare that: (1) The City currently owns acreage adjacent to land des- cribed in Exhibit A attached hereto, for use in developing a flood control reservoir. (2) Owner is the title holder to the described tract of land set out in Exhibit A, attached hereto and made a part here- of for all purposes. (3) City desires to come onto said tract for the purposes of applying clean fill dirt to said tract, distributing and leveling same to an elevation above mean sea level of 681.5 feet. (4) City has Jhe capability to perform the work required to effect such improvements. The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: I. City, its agents, and employees may enter upon said tract the times necessary to accomplish the purposes enumerated in para- graph three above. II, City agrees to finish all filling prior to completion of the project i.e. approximately 200 working days from initiation of the project. III. All expanse of said filling is to be borne by City. IV. City will have no maintenance responsibility after said fill dirt is in place, properly distributed and leveled. V. City agrees to use fill dirt excavated from the flood de- tention pool area. VI. After the improvements enumerated in paragraph three above are completed, all rights under this contract terminate and be- come null and void. IN WITNESS WHEREOF, the parties have executed this agreement at Denton, Texas, the day and year first above written. CITY OF DENTON, TEXAS }f/ BY: J S W. WHI E 'Q TY MANAGER ,CENE-GIDOLE 5 EXHIBIT A All that certain lot, tract or parcel of land lying and being situated in the City and County of Dentcn, State of Texas, and being part of the F. Batson Survey, Abstract No. 43, and being part of a tract of land as conveyed from John Linn Smith and Dillon Francis Smith to Gene Gamble and Billy D. HarvFy by deed dated October 14, 1969 and recorded in Volume 593, Page 37 of the Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at the southeast corner of said tract, said point of beginning also being the intersection of the centerline of Bonnie Brae Street and the centerline of Payne Drive; THENCE west along the south boundary line of said tract, same being the centerline of Payne Drive a distance of 449.27 feet to s point for a corner, same being the southwest corner of said tract; THENCE north along the west boundary line of said tract a dis- tance of 900.0 feet to a point for a corner; THENCE east a distance of 454.51 feet to a point for a corner in the east boundary line of said tract, same being the center- line of Bonnie Brae Street; THENCE south along the east boundary line of said tract a dis- tance of 900.0 feet to the place of beginning and containing 406,701.0 square feet of land, more or less. r STATE OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undersigned authority in and for said County, Texas, on this day personvily appeared BILLY U. HARVEY, GENE GAMBLE, AND Jim WHITE, kriawn to me to be the pp;:sons whose names are subscribed to the fo:egoing instru.Tent, and acknowledged to me that they executed the -,ame for the purposes and consideration th^re- in expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the L:~ day of may, A.D. 1974. l p~OTARY PUBLIC IN AND FOR DENTON COUNTY, TEXAS { pplo- DEED RECORM DRAINAGE EASEMENT ` $4 THE STATE OF TEXAS X~-, 0198 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X For and in consideration of One Dollar and other good and valuable considerations, the receipt whereof is hereby acknow- ledged, and the prospective benefits to be derived by reason of locating, establishing, constructing and maintaining a certain flood control charnel under the supervision of the City of Denton, Texas, a Municipal Corporation, Gene Gamble and Billy D. Harvey of Denton, Denton County, Texas, (hereinafter called "Grantor"), does hereby grant, bargain, sell, convey and release unto the City of Denton, a Municipal Corporation, its successors and assigns, (hereinafter called "grantee"), an easement and right of way for a certain flood control channel, hereinafter more particularly designated and described, over and across lands owned by Grantors, situated in the County of Denton, State of Texas, and 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, and being part of the F. Batson Survey, Abstract No. 43, and being part of a tract of land as conveyed from John Linn Smith and Dillon Frances Smith to Gene Gamble and Billy D. Harvey by deed dated October 14, 1969 and recorded ir: Volume 593, 'Page 37 of the Deed Records of Denton County,-Texas and more particularly described as follows: BEGINNING at a point in the south boundary line of said tract said point of beginning lying in the centerline of Payne Drive, 397.03 feet west of the southeast corner of said tract, same being the intersection of the centerline of Bonnie firae Street and the centerline of Payne Drive; THENCE north 260 24' 52" west a distance of 117.427 feet to a point for a corner in the west boundary line of said tract said ,point being 105.17 feet north of the southwest corner of said tract; THENCE north along the west boundary line of said tract a distance of 89.917 feet to a point for a corner; THENCE south 260 24' 52" east a distance of 217.823 feet to a point for a corner; THENCE west a distair6e,ofs44. 55-feet'to the place of beginning and containing 6,705:00 square feet of land, more or less. 1 I vot 70 8 put 85 The right of way hereby conveyed and released includes the right to: (1) Construct, reconstruct, inspect, maintain, and repair a flood control channel, whether open or covered, pro- tection works, and appurtenant structures for the pur- pose of confining the waters of Pecan creek and its tributaries; (2) Maintain and inundate said channel with water; (3) Enter on such lands with the personnel, vehicles and equipment; (4) Remove from the right of way all trees and vegetation that interfere with the purpose for which this right of way is conveyed and released; (5) Take from the right of way and use earth, rock, sand, and gravel for the purpose of excavating, widening, deepening, and otherwise rectifying the channel, and for the construction, maintenance, and repair of em- bankments, fencing, protection works, and appurtenant structures by the City, its officers, agents, and em- ployees, and by persons under contract with the said city, and their employees whenever and wherever nece! sary for flood control purposes; (6) Install, maintain, or remove landscaping or other en- vironmental improvements; (7) Make all necessary earth fills; and (8) Locate or relocate existing drainage pipes or structures on Grantor's lands lying outside such right of way, pro- vided that after such fill and location or relocation is completed such lands will be left in a neat and orderly condition. Grantors agree not tc further encumber or to install, place, or construct or cause to be installed, placed, or constructed any ' structures, facilities, growth or vegetation of any nature within or over the above described lands without the prior written approval of the City. Grantors release the City from any and all claims for damages arising in any way from or instant to the construction and mainten- ance of the channel across the described lands. IN WITNESS WHEREOF, we have hereunto set our hands this the day of May, A. D. 1974. L BILL ar-HARVEY THE STATE OF TEXAS X iVOL 708 FACE 86 COUNTY OF DENTON X BEFORE ME, the undersigned authority in and for said county, Texas, on this day personally appeared BILLY D. HARVEY and GENE GAMBLE known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they exe- cuted the same for the purposes and consideration therein -.xpressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the tI2 3 day of May, A.D. 1974. N' A PUBLIC IN AND FOR DENTON COUNTY, TEXAS (i2LJ Of Denton Municipal Building, Denton, Rom 76201 ei Otte of C71y Alamler May 23, 1974 Mr. Gene Gamble Mr. Billy D. Harvey Re: Memorandum of agreement for the procedures to fill a certain tract of land abutting the North Lakes project. Gentlemen: Under two (2) separate documents, dated May 23, 1974, the City of Denton has acquired fill easements for the purpose of raising the elevation of the subject property above the flood control pool of the North Lakes Project located north of university Drive and abutting Bonnie Brae. It is recocri;-_d "-at scrap concrete has been placed throughout a major portion of land area to be filled. The City of Denton agrees to utilize i concrete in filling all of the depressions within the boundarie. of this project. In order to bury as much of the scrap concrete as is feasible in raising the elevation of the subject property, the City of Denton agrees to use maximum diligence and prudence to dispose of as much of the concrete as possible, using normal land fill techniques. It is further recognized that several small areas of depressions lie outside the boundaries described by the meets and bounds in the fill easements. In addition to the several small depressions, there is one large depression of paramount concern to the owners and is described as being located and with the approximate boundaries as follows: Commencing at the southeast corner of said tract said corner be- ing the intersection of the centerline of Bonnie Brae and Payne Drive, thence North 0°20' East 528.0 feet to a point for a • corner, thence North 86°40' West a distance of 225.0 feet to the place of beginning. 2 ter:;{ Gene Gamble r. Lilly D. Harvey i Thence North 86°40' West a distance of 200.0 feet to a point for a corner; Thence North 3°20' East a distance of 175.0 feet to a point for a corner; Thence South 86°40' East a distance of 200.0 feet to a point for a corner; ' Thence South 3°20' Test for a distance of 175.0 feet to place of beginning and containing 35,000 square feet of land,'more or less. It is agreed that the City of Denton will fill the smaller areas including the large depression as described in the field notes above. It is recognized that the City-of Denton will utilize as mach of the scrap concrete as possible in filling these depressions. In summary, the purpose of this memorandum of agreement is to assure the owners that the City of Denton will make every effort to bury as much of the existing concrete as is reasonable and prudent in raising the elevation of this property. i Said agreement entered into this 23 day of May, 1974. f 04 W. White *'Gene Gamble ity Manager Owner 4~S rnlc~r . ~!a rvey + I . i 'J ^ , y • f, w 1~T1 H I?S FyC n~ H O z V ~a i- k. r 1111 ~ 7 AEI 1.1 COIJ[RY (xEm vwft Conroy. firs 1! Rrsy to* MA this Iestrvmw srs Nw M a ow sad Oa* *mW Pwm by IM Wd art 4* M CwM In IN rd~N Ng pap of IM MW NWO r of Pw'w C%*, tons N sh" hw..14 sw MAY t9T4 Q c~ltc P a fta% Tm VCl -m-au 352 ' t THE STATE OF TEXAS, ~~(5 -RECORDS 9847 KNOW ALL DIEN BY THESE PRESENTS: I COUNTY OF DENTON 1 THAT CLYDE R. MCWILLIP.MS, AND WIFE SUE H. MCWILLIAMS of Denton County, Texas , in consideration of the sum of one Dollar-------------------------------and other good and valuable consideration in hand paid bythe City of Denton, Texas receipt of which is hereby acknowledged, do by II these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free I and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following I described property, i owned by them . Situated in Denton County, Texas, in the I Survey, Abstract No. All that certain lot, tract or parcel of land lying and being situated in ; the City and County of Denton, State of Texas, and being part of the N. i Wade Survey, Abstract No. 1407 and being part of a tract of land as con- veyed from Robert Henzler to Frank R. Barrow by deed dated December 2, 1965 and recorded in Volume 542, Page 300 of the Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at the southwest corner of said tract said point of beginning be ing 1,450.0 feet south 0° 05' east and 210.0 feet south 890 55' west of th intersection of the south right of way line of Barrow Drive and the west right of way line of Payne Drive; THENCE north 00 05' west along the west boundary line of said tract a dis-' tance of 206.0 feet to a point for a corner said point also being the northwest corner of said tract; THENCE east 890 55' west along the north boundary line of said tract a dis tance of 16.0 feet to a point for a corner; THENCE south 00 05' east 16.0 feet east of and parallel with the west boundary line of said tract a distance of 206.0 feet to a point for a i corner in the south boundary line of said tract; THENCE south 89° 55' west along the south boundary line of said tract a distance of 16.0 feet to the place of beginning and containing 3,296.0 square feet of land, more or less. And it Is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having Ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof,. s TO HAVE ARID TO HOLD unto the sold City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness their band , this the ArLA- day of May , A. D. 1974 &;t Ad - von 709 eAu 353 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, Ir BEFORE ME, the undersigned authority, COUNTY OF . DENTf)N_ 1 in and for said County, Texas, on this day personally appeared CLUDE . R....MCKI LLIAMS AND _SLIE H _._MCWILLIAMS ;r''; r , - ti known to me to be the persunS whose nam(G are subscribed to the foregoing instrumentf -4 -acknowicdl•cd'{lien! I > • . . • - that they executed the tame for the purprses and conAderation therein expressed. j ~a t tin i CR'E\* UNDER MY HAND AND SEAL OF OFFICE, This l day of 0,106 L AN lp I Notary Public, Dentorp, ~•''•..~[y, 'T~vss My Commission Expires June 1, 19~7r.,~~ • r JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, aat'q in and for said County, Texas, on this day Wi~o F, his wife, both known to me to qps os am a r1 to the foregoing instrument, and acknowledged o n° to me that they each execute he >fa rQ ed-Con eration therein expressed, and the said _ .vvvv. , titti f ~~~~o{f~ pthe said _ ha~•ing been examined by me privily and apart from her ho b4, e9di}av ng thl%**ie fully explained to her, she, the said _ tPl-)Y - d{00A-ledped. such 'Instrument to be her act and deed and she declared that she had Aillingly aigne j -o*,A; JVr, hA ~i€prtaE9 and consideration therein e. ressed, and that she did not wish to retract it. 140011 sgob 9" ss24u;ns'` 'o ASuaii t GIVEN UNDER DIY }rAND_g,iLs.~,li( 91w ^ 'k11Fh1s __.day A.D. 19_.. i n sni ,,isu: SQ!t ~ (I..S.) k~ Vl%$ iz urju Ya3~3 k.i~31Vi~ +l. W. Notary Public, _-----.---County, Texas t~ A I~ ?ply Commission Expires June 1, 19......- WII'E'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 _..o__. , wife of . knwn to me to be the person whose narne is subscex-d to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said _ acknowledged such instrument to be her act and deed, and she dcclnrod that she had willin&ly eigned the ame for the purposes and consideration therein expressed, and that she aid not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,Th[s_...................... clay of........... _ , A.D. 19 (L 3.) Notary Public, _..............................County, Texan My Commission Expires June 1, 19 CLERK'S CERTIFICATE THE STATE OF TEXAS, COUNTY OF._...... Clerk of the County Court of said County, do hereby certify tl at the foregoing Instrument of writing dated on the I--..... -.day oL._ , A. D. 19._ , with its Certificate of Authentication, was filed for record In my office on the - _ .-....day of...................... , A. D. 19.. , at o'clock . M., and duly recorded this. .day of_.... A. D. 19 , at__ _ o'clock M., in the . Records of said County, in Volume.-...... . on pages..................... _ WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in the day and year last above written. County Clerk , County, Texas. (L 3) By__ Deputy. El 0i W i ~ v 'a Z a i O W i L q K n O Fl i i U Qo OS pqG H H j O O f 1 V 9o W w w i'11 f m rii(r':,r. , j..__. o i I F J!1+' li viii , IP ` a ZV rs7° i 0. a[AilriN yLUsm«~ o~ - - ~T THE STATE OF TEXAS, VOL 708 I'A1,[ 839 COUNTY Or DI,NTON 1 KNOW ALL MEN TW T111,SL PRESENTS, DEED RECORD; { That THE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORATION QQ 9c0 { of the County of Denton and State of Texas , for and in consideration of i the surn of --------------------------TEN AND N0/100---------------------- DOLLARS, and other good and valuable consideration to it in hand paid by Robert L. Castleberry of the County of Denton and State of Texas , the roceipt of which N is hereby ackno%sledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVEI. QUIT CLAIM unto the said Robert L. Castleberry his heirs and assigns, all its right title and interest in and to that certain tract or par- e cel of land lying in the County of Denton and State of Texas, described as follows, j All that certain lot, tract or parcel of land lying and being situated in the City/County { of Denton, State of Texas, and being part of the B.B.B. 3 C.R.R. Survey, Abstract No, 185 and being part of the Woodland Addition, an addition to the City/County of Denton, and recorded in Volume 153, Page 590 of the Deed Records of Denton County, Texas and more z particularly described as follows: COMMENCING at a bronze disc stamped "TEXAS WOMANS UNIVERSITY" and set in concrete at the southwest corner of Block 1 of said Woodland Addition, j THENCE south 89° east 406.0 feet to an iron pin for the point of beginning, rime being the southeast corner of Lot 1, Bloct. 1 of Woodland Addition and the southeast corner of a portion of Lot 1 conveyed to Robert L. Castleberry by Paul P, Young on January 1, 1971 and recorded in Volume 613, Page 429 of the Deed Records of Denton County,•„Texas; THENCE north 1° east a distance of 150.0 feet to an iron pin, at the n44* 'r11 cdrrier of said Castleberry Tract; `4', 'U THENCF, south 89° east a distance of 20.0 feet to an iron pin, the cei f*#r'kine of existilrg Frame Street; THENCE south V west with the centerline of Frame Street a distance 5f~ 50.0 feet,-a nail set in asphalt for a corner; THENCE north 89° west a distance of 20.0 feet to the place of beginning*!bs4,.cdritb'.I1ing 3000 square feet of land, more or less, i PROVIDED, that the above described tract. is hereby vacated and abandoned only in so far as any right, title or interest may be vested in the public as a public street, but it is expressly made a part of this deed that an all p,rrpose utility and drainage easement is expressly retained by the City of Denton the same as if an easement were granted therefore to the City by the owner thereof, and describing the exact tract of land above described with all rights of ingress, egress and regress in, along, upon and across same being re- tained by the City of Denton until such uses therein are abandoned by separate action. TO HAVE AND TO HOLD the said premises, together with aA and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said I 'Robert: L',.* Casi,leUerry, hi.;-heirs, WA and assigns, forever, so that neither the said ~ City of Denton, Texas, its successors [ ARDCx lkeix% nor any person or persons claiming under it shall, at any time hereafter, I E or demand any right or title to the aforesaid premises or appurtenances, or any part there- E ,W( 0 I~ YITN i`our hand at Denton, Texas this r > 4 Ys t day of May A. D. 19 74 R►itne at`1t 'I t of Grantor: _ yJ uses cg T }L 0 ~ENTON,.1tAs - - Ile, BILL NEU, MAYOR BROOKS- r I SINGLE ACKN01VLEDG11FNT 3CL 08 in( 840 THE STATE Or TI'MIS, COUNTY OF I BEFORE ME, 'tic undersigned authority, in and for said County, Texas, on this day personally appeared. known to me to be the person whose rnme subscribed to the foreguing instrument, and ackiioudolged to me that he. exccutrd the same for the purposes and consideration therein expressed. GIVEN UNDER DIY HAND AND SEAT. OF OFFICE, This day of . A.D. 19 . (I,.S.) Nutary Public, County, Texas My Commission Expires June 1, 19.... SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF ^.rFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the persor whose name subscribed to the foregoinx instrument, and : cknowledged to me that he executed the same for the purposes and consideration therein expressed. G1v;N UNDER MY BAND AND SEAL OF OFFICE, This day of A.D. 19........ (L.S.) Notary Public, _ ....County, Texas My Commission Expires June 1, 19...... . . CORPORATION ACl{ZTOIVLEDG51ENT THE STATE OF TEXAS, COUNTY OF. DENTON BEFORE DIE, the undersigned authority, in and for said County, Texas, on this day personally appeared --Bi I I _Rell,_.May.or_..of JD... Texas _ e....nt. .o.n .a ° - - ...known to me to 't*` fhlo e ysstim•R~ii} o r. whose name is subscribed to the foregoing instrument and acknowledged to me that the sad(; t •'P {h^ act o[ th a , y _,Dento_n Texas a mtuli I _I • 41 _ - ...Listand that he Council... exe. of.cuted the the. same _ .,,ty.... f m 74 corporation, me as the act of such corporation for the pur s si eration th{rpin expressed, and to the capacity thereon stated. s r GIVEN UNDER MY HAND AND SEAL OF OFr CE, This 1S.t.._day olA.D 1p+ (L.S.) Notary .'ublic De tO 1~ My Commission Expires Tune 1, 19.-- CLERK'S CERTIFICATE «rr~ THE STATE OI ,,,XAS, County COUNTY OF.. _ elsepo I, _ _ . f o Citric of the Copnt 0 4P said County, do hereby certify that the foregoing irstrumrat of writing dated on the Of ripe , A. D. 19 , with its Certificate of Authentication, was filed for record in rt>~ofTiee ap1glsei... _..,.....,.~fy , A. D. 19. , at o'clock x(., and duly recordedW da Of.....dJ~. ...._..A. D. 19 , at., o'clock M., in the t aot`l ~a ase Reco,ds of said County, in Volume , on pagee_.......... ,PiPN76 Y 119?ND Av~~1r~~F~1ji~ '011 COUNTY COURT of said County, at office in ~ % . `s....., the day and year last above written. ~w. y a'"sue` % . _ _ + Vic' Jo~'A County Clerk County, Texas. (L By.. Deputy. w i ! V A e' ` G+ iq 1 N 0 2 Z 13 i of o i o~ i s i ~i a " Aa i i ~rn Q a H 0 o bo ti ~ j r ! ~4 v W H 4 1 p, i V f I 1.4 0 H f y 3 'rI11 o A~ o' o~ ' C7 R ~ i V THE STATE OF TE VOL 708 faf 701 XAS/ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON I DEED RECORDS THAT AMCO PROPERTIES 9495 of Denton County , Texas , in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by k ! these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following I I described property, owned by it . Situated in Dentl-n County, Texas, in the 3'.Vth Tract? All thrst certain tract, or strip of loot ■itu+tcl sod G+rt of f blxx a, Heritage Cowl, as shown by plat recordel in Volume 6, pa]+ 12 of the Plot Aecjrls or D.nton Ccwty, Texas, s+11 tract or l5 fr t vide strip teln•l further ioscrLbel herein by rates and bx nla of center line as folSoval BegSnnl o-7, Cyr the s-,t•~nd of this, at a p'1nt in tho northern line i of ~'r.^.a l~ Orlve, sail mint 1,,in9 n:rt''.P +strrly 97.9, wLth are of carve to Jett vnlcn nss ■ radlue of 275.9 feet frc~ the 9a th- vest corner of a id Blxk 4, HerLtage O,kst ' Thence Hx th 11 dagraeg 10 xinutes fast C0.0 feet to s point for thn northern enl of thist Mrth Tract, All that certain tract, or strip of land situated ani part or B1 xk , Y.erit+]e Ceti, sty of Dentnn, Dnnt^n county, Tnxas; as %Fo j ty plat rec,rdel in ''+'o1uT4 6, p+g^ a2 of tie Plat Records of went^n County, Texas: sail tract. Or 15 f»t vile Strip Lelrej ASac: ihM herein ty cet«.^ and hounds of thr. western llm±, helnq a 15 C)at wilt strip lying easterly of and cont!g'.ous to the line heroin ^escrib-)d1 Bellnnl n7, for the north end of this, at a st rel rod in thy; north line of said 91ock 4, Heritage Ceks, said p~lnt lying 5~uth 99 degrees 32 minutes East 290.9 feet fr Ta the n)rth4el t corner of gall i Block 41 Th ec:c south. 0 deyrers 4t Tt PU •.es 4t9t 493.15 feet to a stael set in the noethw=sterly line of Coronado Drive, Lein] also t'ne south line of elxk 4, Heritage Caks, for the south end of thus Appenla]e Tract All that certain tract, nr strip of lam] situated in Block 4, ' Heritage Oako, city and Canty of Denb)n, Texan as sho+'o l:y.plat reeordel in '.)lure 6, pale 42 of the Pltit Records of Denton County) Toxasr all tract telnq herein descrlbo-l by metes and hounds of center line of 15 foot vile script Beginninq, fir the east end of this, at d point in thp vest Lind of last shown tract, said point lying .+.uth 53 degreca 32 ninuteg ` East 297.0 feet and South 0 degrees 43 R110tel 'n'est 297.0 feet from the northwest corner of $all Block 4, Heritage ORkat thence North 99degrsas 17 aL wtos 4e,09.0 fen to the vest end of I this. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose Of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. f TO HAVE AND TO HOLD unto the said Ci ty o f De n ton , Te xas as aforesaid for i Ithe urposes aforesaid the premises above described. itne ss my hand , this the 23rd day of May , A. D. 19711 ~Lvo - 0A A SINGLE ACKNOWLEDGMENT a VOt 708 YALE M2 THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority, COUNTY OF CENTOid in and for said County, Texas, on this day personally appeared - _ Cub Amos _ - - subscribed to the foregoing instrument, and acl'1°t NIcilgled to -R knoo n to me to Iw the pers on whose name is that he executed the samo for the purp •nes and consideration therein expressed. , till'f:N L'\OI:R ]i]' HAND AND SEAL OF OFFICE, This 23rd day of MT~Y:' , A.D. 19 7 [ rp 1 Notary Public, Dent on ~i '•Count),, Tex rs~ My Commission Expires June 1, 197 . JOINT ACKNOWLEDGMENT ~ COUNTY OF STATE OF TEXAS - i BEFORE ME, the undersigned authority, COUNTY f in and for said County, Texas, on this day personally appeared....... _ _ and.... his wife, both know n to me to be the persons whose names are subscribed to t:.e foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consiiration therein expressed, and the said. wife of the said _ having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the saic' acknowledged such instrument to be her act and deed and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _ day A.D. 19-_ ( L.S. ) 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 be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart from hor husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and aho declarri that ehe had u illinely sieved the ..amp for the purposes and consideration therein expressed. and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,Tids _duy of , A.D. 19 (L.S.) Notary Public, .............._.._.._._...............__.........County, Texas My Commission Expires June 1, 19.--......... CLERK'S CERTIFICATE THE STATE OF TEXAS, I, , County COUNTY OF.. Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the , _ A D. 19 with its CTrtificate of Authentication, was filed for Cff(ih`IY Bf--DEIfTON rec d in tIwWjcetpll2(,tlpqma, Cy, IpAsof , A. D. 19, , at o'clock M., and duly tecw ~!l! ry that thisUWpLRtrA was filydw the A. D. 19 It o'clock M., in the e s time stamped haean by eM snC was duly re- _ , on pages.. of said County, in Volurne -••--tavrde~~rthetrofvrtrc sad-page of the aimeQ rete+Gs _ . ~SteBAliBaINSA>fy 9E TiiE COUNTY COURT of said County, at .Tice in.. NAY.. IN ..1974............. the day and year last above written. cf °c County Clerk ......................__......._....,.._.....County, Texas. ~ 0 By......... , Deputy. v Pot Callla Ccar.V, , r6 2 WE a o w V V a : a ?C A ai C= ~ W! A cg A y e E 1 H; i F tgit is : Z 0 l W P4! z w m it t`~9j pa P.a: p 0: EA u 71 se w 1 ~l i' ? il.. 3 s 0 ~ C' CONTRACT THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X This agreement made May ZL, 1974, between the City of Denton, Texas, a Municipal Corporation, herein referred to as City, and Eugenia Porter Rayzor, a widow, Jess Newton Rayzor, Selwyn Rayzor Singleton, June Rayzor Elliott, Evelyn Rayzor, Nienhuis and Harry W. Down, herein referred to as owner (whether one or more). The parties recite and declare that: (1) The City currently owns acreage adjacent to land described in Exhibits A, B and C attached hereto, for use in developing a flood control reservoir. (2) Owner is the title holder to the described tracts of land set out in Exhibits A, B and C; attached hereto and made a part hereof for all purposes. (3) City desires to come onto said tract for the pur- poses of applying clean fill dirt to said tracts, distributing# and leveling same to an elevation above mean sea level of 684.5 feet. (4) City has the capability to perform the work re- quired to effect such improvements. The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: I. City, its agents, and employees may enter upon said tracts the times necessary to accomplish the purposes enumerated in paragraph three above. II, City agrees to finish all filling prior to completion of the project i.e. approximately 200 working days from initiation • of the project. TII. All expense of said filling is to be borne by City. IV. City will have no maintenance responsibility after said fill dirt is in place, properly distributed and leveled. V. City agrees to use fill dirt excavated from the flood detention pool area. V1. After the improvements enumerated in paragraph three above are completed, all rights under this contract terminate and become null and void. IN WITNESS WHEREOF, the parties have executed this agree- ment at Denton, Texas, the day and year first above written, CITY OF DENTON, TEXAS BY : I'JAMES W. WHITE ITY KANAGER EU A P RTER RAYZ R NE N RA Z11 R. SELWYN QLAYZOR NGLETONg RAYZOR E TT Vm;,If EVELYN RAYZ NHUIS BARRY 1 w EXHIBIT A All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being a part of the N. H. Meisenheimer Survey, Abstract No. 810, and being a part of a tract of land as conveyed from J. Newton Rayzor to Jess Neuron Rayzor, et al, by deed dated March 17, 1965, and shown of record in Volume 521, Page 172 of the Deed Records of Denton County, Texas, and being more parti- cularly described as follows: COMMENCING at the southwest corner of the aforesaid Rayzor, et al tract of land, same point also being described as the northwest corner of a 116.968 acre tract of land as conveyed to H. W. Down Development Company, Inc., et al, by deed dated April 26, 1963, from Alan Whatley, et al, and shown of record in Volume 499, Page 169 of thc: Deed Records of Denton County, Texas; THENCE north 010 35' 04" east along the west boundary line of the afore aid Rayzor, et al, tract of land a distance of 722.200 feet to a point for a corner; THENCE north 66° 05' 04" east a distance of 500.00 feet to a point for a corner at an iron pin; THENCE south 88° 55' 56" east a distance of 770.00 feet to the place of beginning of the herein described tract of land; THENCE north 190 15' 34" east a distance of 700.249 feet to a point for a corner, said point lying in the southwest right of way line of U. S. Highway No. 77; THENCE south 000 31' 04" west a distance of 665.280 feet to a point for a corner; THENCE north 880 55' 56" west a distance of 225.000 feet to the place of beginning and containing 74,844.00 square feet of land, more or less. 1 EXHIBIT B All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being a part of the N. H. Meisenheimer Survey, Abstract No. 810, and being a part of a tract of land as conveyed from J. Newton Rayzor to Jess Newton Rayzor, et al, by deed dated March 17, 1965, and shown of record in Volume 521, Page 172 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at the southwest corner of the aforesaid Rayzor, et al tract of land, same point also being described as the northwEst corner of a 116.968 acre tract of land as conveyed to H. W. Down Development Company, Inc., et al, by deed dated April 26, 1963, from Alan Whatley, et al, and shown of record in Volume 499, Page 169 of the Deed Records of Denton County, Texas; THENCE north 010 351 04" east along the west boundary line of the aforesaid Rayzor, et al, tract of land a distance of 722.200 feet to a point for a corner; THENCE north 660 051 04" east a distance of 500.00 feet to a point for a corner at an iron pin; THENCE south 880 551 56" east a distance of 1045.00 feet to the place of beginning of the herein described tract of land; THENCE north 000 311 04" east a distance of 633.150 feet to a point for a corner, said point lying in the southwest right of way line of U. S. Highway No. 77; THENCE south 140 031 11" east a distance of 655.827 feet to a point for a corner; THENCE north 880 551 56" west a distance of 165.000 feet to the place of beginning and containing 52,234.88 square feet of land, more or less. 4 EXHIBIT C All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being a part of the N. H. Meisenheimer Survey, Abstract No. 810, and being a part of a tract of land as conveyed from J. Newton Rayzor to Jess Newton Rayzor, et al, by deed dated March 17, 1965, and shown of record in Volume 521, Page 172 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at the southwest corner of the aforesaid Rayzor, et al tract of land, same point also being described as the northwest corner of a 116.968 acre tract of land as conveyed to H. W. Down Development Company, Inc., et al, by deed dated April 26, 1963, from Alan Whatley, et al, and shown of record in Volume 499, Page 169 of the Deed Records of Denton County, Texas; THENCE north 010 35' 04" east along the west boundary line of the aforesaid Rayzor, et al, tract of land a distance of 722.200 feet to a point for a corner; THENCE north 660 05' 04" east a distance of 500.00 feet to a point for a corner at an iron pin; THENCE, south 880 55' 56" east a distance of 1290.00 feet tona point for a corner; THENCE, south 340 39' 56" east a distance of 780.70 feet to the PLACE OF BEGINNING of the herein described tract of land; THENCE, continue on the aforesaid bearing of south 340 39' 56" east a distance of 400.00 feet to a point for a corner; THENCE,,north 55° 20' 04" east a distance of 200.00 feet to a point for a corner] THENCE, north 34° 39' 56" west a distance of 400.00 feet to a point for a corner; THENCE, south 550 20' 041 west a distance of 200.00 feet to the PLACE OF BEGINNING and containing 80,000 square feet of land, more or less. j' ; .r • . . ~ y ' l p b 7 qq l 7~ r ' i ~ 4 C-:Ue-Qf.'Ir C1 Al •f 1'1 r.U I - ! rr~~1, STATE OF rrrlAs ►VOl 'ros lAGF841 KNOW ALL DW1N BY TIiESi. PRESENTS: COUNTY OF Dr,N'1'ON } DEED RECORDS That 'T'ilt', CITY OF DENTON, TEXAS, A MUNICIPAI, CORPORATION 9581 _ I of the County of Denton and State of Te xas , for and in consideration of ,I the sum of -----------------------TEN A71D N0/100-------------- E. i~ DOLhARS i ' to it in hand paid by 'T'EXAS WOMANS UNIVERSITY of the Count, of tl ~ ) Denton .'end State of Texas the receipt of which + is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER i! f QUIT CLAIDI unto the said TEXAS WOMAN'S UNIVERSITY its successors lklm and assigns, all its right title and interest in and to that certain tract or par. cel of land lying in the County of Denton and State of Texas, described as follows, All that certain lot, tract or parcel of land lying and being situated in the City/County of Denton, State of Texas, and being part of the B.BB. & C.R.R. Survey, Abstract No. 185 and being part of the Woodland Addition, an addition to she City/County of Denton, and recorded in Volume 153, Page 590 ' of the Deed Records of Denton County, Texas, and more particularly describe as follows: COIT.II,ENCIIIG at a bronze disc stamped "TEXAS WOMANS UNIVERSITY" and set in concrete at the southwest corner of Block 1 of said Woodland Addition. THENCE south 89° east 426.0 feet to a nail set in asphalt on the centerline of Frame Street for the point of beginning; THENCE north 10 east with the centerline of Frame Street a distance of 150.0 feet to an iron pin for a corner; THENCE south 89° east a distance of 20.0 feet to an iron pin at an interior corner of a tract of land belonging to the State of Texas, Texas Womans University, same being the east side of Frame Street; THENCE south 1° west with the east right of way of Frame Street a distance of 150. feet to an iron pin for a cornea; THENCE north 89° crest a distance of 20.0 ;feet to the point of beginning and containing 3,000 square 'feet of land, more or less, { r> i PROVIDED, that the above described tract is hereby vacated -And afandoned only in so far as any right, title or interest may be vested'in the public f as a public street, but it is expressly made a part of this deed that an all purpose utility easement and drainage easement is expressly retained by the City of Denton the same as if an easement were granted therefore to l the City by the owner thereof, and describing the exact tract of land above described, with all rights of ingress, egress and regress in, along, upon and across same being retained by the City of Denton until such uses there- ffin are abandoned by separate action. I I j TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said Texas WomarFh University, its-'successoro halmand assigns, forever, so that neither the said City of Denton, Texas, its successors ! xmit 3mars; nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. 110s++•.0RITNESS our hand at Denton, Texas this o p~~F r~ " 1 s t yj day of I•lay A. D. 19 711 ,~,1YiI neme&A $vquest of Grantor: , Q~Ty_..QF.l~I N QN. r_> XA r ATTEST; 0 BY_ _c /SILL NI'U, MAYOR ~~61 • ; , •~..;~p° 2~i3U0F,.S _IIOL-1'_,..-L'ITY ;;F:CItL'I'ARY - ' SINCLE ACHNO1VI.EDWIENT , VOL 703 !',1u 842 TM-1, STA'T'E OF TEE,%f;, COUNTY OF BEl'ORE ME, Ilia undersigned authority, in rind for said County, Texas, on this day p rsonaIly appeared known to me to be the. person' whose name suhscribed to the foregoing instrument, and neknowledged to rue that he axeeatevl the same for the pcrlxrsos and considtration therein expressed. GIVEN 1jXPER MY HAND AND SEAL OE OFFICE, This day of A.D. 19._ (L.S.) Notaty Public, County, Texas My Commission Expires June 1, 19.... 4 SINGLE ACKNOWLEDGMENT THE STATE of TEXAS, 1 COUNTY OF J BEFORE NIF, the undersigned authority, I _ . r in and for said County, Texas, on this day personally appeared known to me to be the person whose natr.e subscribed to the foregoing instrument, and acknowledged to me that he ...executed the sane for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A. D. 19.......... (L.S.) Notaty Public, _County, Texas My Commission Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF. DENTON_ BEFORE ME. the undersigned authority, in and for said County, Texas, on this day personally appeared. - - r v lrv , Bi11 Neu,..Mayor_of the_City,-of._Denton,-Te.xas_kaonn to me to beth$Mraon'add'ojtr e whoso name is subscribed to the foregoing instrument and acknowledged to me that the carne X,4 ..tone act of'thtY~sn __......City...Counci.l of the.. city of .D nton Te xas a lic _ .a 1 .r mur I?6ta ; corporation, and that he executed the same as Cie act of such corporation for the purpose iration th~rr~,rti expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.._~ _~L _..day of A.D. 19"4qp% Notary Public [t.. ?~ff Cg~Lt~,,~i•~c,a My Commission Expires June 1, 19. CLERK'S CER11FICATF, THE STATE OF TEXAS, County COUNTY OF.. Clerk of tho40 4V, C, Court of said County, do hereby certify that the foregoing instrument of writing dated on the - • - - - rl otY , A. D. 19 , with its Certificate of Authentication, was filed for record inn ,y^faer, the Q n aY 4 A. D. 19 . , at o'clock bL, and duly recorde this _ day 'ifj •a yo-' A. D. 19. at. o'clock bf, in the ?.ry 1y c _ Records of .nid County, in Volume..........._ , on pages_ . V THE bIY I N?T` 1} Ent F THE COUNTY COURT of slid County, at rffice in . H..v.. the day and year Inst ebavc written ja p. j n J J • :\,y n o S, ~ ~ County Clerk County. 'T'exas. B 4 C 4 $ 4F ~ n i i 0 it l ! H~ i i V ~ t] ~ i N Q ~ Fv-11 ~ , tl Ll IrUO I w 0 E ' 3 V .,t I v W i i to i w V n O Q ! Qj N„ j i P, f y A,d n to z: 7 '{If.I:tt ,W,.. - I i w yoM d V 1=r. ~ j Q ~ a r• c1- t~ ~ r'r'IIr'q I05 a ;t; C I [r7 j i i ~ i y DEED RECORDS DRAINAGE EASEMENT FACE V THE STATE OF TEXAS X lva 710 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X 108'52 For and in consideration of One Dollar and other good and valuable considerations, the receipt whereof is hereby acknowledged, and the prospective benefits to be derived by reason of locating, establishing, constructing and maintaining a certain flood control channel under the supervision of the City of Denton, Texas, a Municipal Corporation, Eugenia Porter Rayzor, a widow of Harris County, Texas, Individually and as Independent Executrix of the Estate of J. Newton Rayzor, De- ceased, Jess Newton Rayzor, a married man of Tarrant County, Texas, Individually and as a General Partner in Rayzor Invest- ment Company, Selwyn Rayzor Singleton, a feme sole of Harris County, Texas, Individually and as a General Partner in Rayzor Investment Company, June Rayzor Elliott, a married woman of Berger County, New Jersey, Individually and as a General Part- ner in Rayzor Investment Company, Evelyn Rayzor Nienhuis, a married woman of Tulsa County, Oklahoma, Individually and as a General Partner in Rayzor Investment Company, Harry W. Down, Jr. a married man of Denton County, Texas, as a General Partner in Rayzor Investment Company, and Rayzor Investment Company, a partnership of Denton County, Texas, acting herein by and through all of its General Partners, (the said Jess Newton Rayzor, June Rayzor Elli.,tt and Evelyn Rayzor Nienhuis not being joined herein by our respecti-,e spouses for the reason that the property here- inafter conveyed is subject to the sole control, management and disposition of each of us, said property being each of our sepa- rate property and estate and forming no part of any of our fam- ily or business homesteads, and the said Harry W. Down, Jr., not being joined herein by his wife for the reason that the property hereinafter conveyed constitutes no part of their family or busi- ness homestead (hereinafter called "Grantors"),does hereby grant, bargain, sell, convey and release unto the City of Denton, a Municipal Corporation, its successors and assigns, (hereinafter vmwmm~ iYDI ~l~U FACE o 2 called "Grantee"), an easement and right of way for a certain flood control channel, hereinafter more particularly des:.gndted and described, over and across lands owned by Grantors, situated in the County of Denton, State of Texas, and 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, and being a part of the N. If. ?Meisenheimer Survey, Abstract No. 810, and being a part of a tract of land as conveyed from J. Newton Rayzor to Jess Newton Rayzor, et al, by deed dated March 17, 1965, and shown of record in Volume 521, Page 172 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at the southwest corner of the aforesaid Rayzor, et al tract of land, same point also being described aj the northwest corner of a 116.968 acre tract of land as conveyed to H. W. Down Development Company, Inc., et al, by deed dated April 26, 1963, from Alan Whatley, et al, and shown of record in Volume 499, Page 169 of t-he Deed Records of Denton County, Texas; THENCE north 01° 3'5' 04" east along the west boundary line of the aforesaid Rayzor, et al, tract of land a distance of 722.200 feet to a point for a corner; THENCE north 66° 05' 04" east a distance of 500.00 feet to a point for a corner at an iron pin; THENCE south 880 55' 56" east a distance of 995.00 feet to the place of beginning of the herein described tract of land; THENCE north 000 31' 04" east a distance of 665.280 feet to a point for a corner, said point lying in the southwest right of way line of U. S. Highway No. 77; THENCE south 560 24' 56" east along the aforesaid southwest right of way line of U. S. Highway No. 77 a distance of 59.660 feet to a point for a corner; THENCE south 00° 31' 04" west a distance of 633.150 feet to a point for a corner; THENCE north 88° 55' 56" west a distance of 50,00 feet to the place of beginning and containing .738 acres of land, more or less. The right of way hereby conveyed and released includes the right to: (1) Construct, reconstruct, inspect, maintain, and repair a flood control channel, whether open or covered, pro- tection works, and appurtenant structures for the pur- pose of confining the waters of Pecan Creek and its tributaries; (2) Maintain and inundate sa.d channel with water; (3) Enter on such lands with the personnel, vehicles and equipment; Lvoi 710 FACE 833 (4) Remove from the right of way all trees and vegetation that interfere with the purpose for which this right of way is conveyed and released; (5) Take from the right of way 4td use earth, rock, sand, and gravel for the purpose of excavating, widening, deepening, and otherwise rectifying the channel, and for the construction, maintenance, and repair of em- bankments, fencing, protection works, and appurtenant structures by the City, its officers, agents, and em- ployees, and by persons under contract with the said city, and their employees whenever and wherever neces- sary for flood control purposes; (6) Install, maintain, or remove landscaping or other eri- vironmental improvements; (7) Make all necessary earth fills; and (6) Locate or relocate existing drainage pipes or structures on Grantor's lands lying outside such right of way, pro- vided that after such fill and location or relocation is completed such lands will be left in a neat and orderly condition. Grantors agree not to further encumber or to install, place, or construct or cause to be installed, placed, or constructed any structures, facilities, growth or vegetation of any nature within or over the above described lands without the prior written approval of the City. Grantors release the City from any and all claims for damages arising in any way from or instant to the construction and mainten- ance of the channel across the described lands. IN WITNESS WHEREOF, we have hereunto set our hinds this the 2 day of May, A. D. 1974. EU IA PORTER RAYZOR, Indiov ddua1Ty J NEWTON YZOR, In iv ua and as Independent Executrix of the and as a General Partner in Ra or Estate of J. Newton Rayz,~r, Deceased Investment Company EL R S LB?J , iv - RAY OR ELL IM,. Individually dually and as a General Partner in andids a General Partner ir, Rayzor Investment CC~ompon Rayzor Investment Company L4, a,-gw-) ffX1.4.JA VEL RAYZ NIENH , nvi-` DOWIT, . , enera dually and as a General Pat*ner in Part er in Rayzor nvestment Rayzor Investment Company Company THE COUNTYAOF OF TEXAS ' ¢ VOL '710 PAGE 884 /~,BEFORE ME, the undersigned authority, on this day personally appeared EUGENIA y~4A0~1~RG~ RAYZOR, known to me to be the person whose name is subscribed to the above and for jg~' ng instrument, and acknowledged to me that she executed the same for the f ut!poses-ohid consideration therein expressed and in the capacities therein stated, GIFQIr 7 ER MY HAND AND SEAL OF OFFI '.l, this .{..';day of << } 974,. Notary'Public in and for County, Texas THE STATE OF TE COUNTY •„%16144KORE HE, the undersigned authority, on this day personally appeared JESS known to me to be the person whose name is subscribed to the above CQdnti'forQ~iip~ instrument, and acknowledged to me that he executed the same for the ~.=J~.~•pbrp~sea,'gRd consideration therein expressed and in the capacities therein stated, ifC137ER ![Y HAND AND SEAL OF OFFICE, THIS ^d ay of 00 G rr"'//lIM1100% Notary Pub is in and for County, Texas THE STATE OF-INKS COUNTY OF1 i QAv BEFORE NE, the undersigned authority, on this day personally appeared EVELYN RAYZOR NIENHUIS,. known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. .rlt ~ls'• w., ~1,1NIH„ry•4. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this_ ,j_day of 1974. of ry Fablic In and foil J wvv jr Eft 0- -nL-IA!- THE STATE OF NEW JERSEY ¢ 1. r~i d COUNTY OF BERGEN ¢ i t~ . b j BEFORE ME, the undersigt,Ed authority, on this day personally appeared JUNE RAYZOR ELLIOTT, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacities th stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Or (?-V day of 1974. Notary Public n and. OF" Bergen County, New '+-•aF..t~F1H •y~~Y HE STATE O TEXAS yOSt sot' s~'~`~x;.''ll~ tic~~1T. t9t~ COUNTY OF HARRIS T BEFORE ME, the undersigned authority, on this day personally appeared SEL11$N RAYZOR SINGLETON,known to me to be the person whose name is subscribed to the above r%id foregoing instrument, and acknowledged to me that she executed the same for the ,VOL 710 IV A85 puyposQ0.ptd consideration therein expressed and in the capacities therein stated? #co IYENR MY HAND AND SEAL OF OFFICE, this day of .,0 •''rj Notary ublic in and for ~ County, r~•. State of T STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared HARRY W, ,~~~ApiiHy,aR., known to me to be the person whose name is subscribed to the above and ~p.~ ftrggp~ag,-instrument, and acknowledged to rc that he executed the same for the pur- ~.o } 0 es'aSid~~onsideration therein expressed and in the capacity therein ststed, t 9VEK,UNDJR MY HAND AND SEAL 0' OFFICE, this_,gLday of ` ~ 11/}x/+/ OF 01.0% / Notary Public in and for Denton County, Texas (1f o j ~t 'w, ,y uw~a X41 uv Pali) wow vwp4 Wwgs N gPePW kot ~ mo-13 uH t 40p, Mal 4 r i 1 voa UO P~c~ 8$6 ~r i h I iv `A -r = R c, Y i Q x :ao Op Mi c~ c a $ 0 5'y ° 1 j r C y~ I<D v _S 7 7 C O G a a ~ ~ rah H 7 ^ o d ~ n d w 7 O O S n a a V I O a. y y a~° y U, cc i~ ~ S :3, ri :5 ¢ a 1 0 O 0 N. G. O 1 r cn (A 0 0, qj H ti r r? P~ :3 n m N° 0 0. A,nIK M~ a P 7 D y 0.R. ~G ~y Im 7 7 7 0 n ~T7 0. 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