HomeMy WebLinkAbout05-1974
MAY
X97
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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
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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
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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
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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.
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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.
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GULF INSURANCE COMPANY 2
EXECUTIVE OFFICES - DALLAS, TEXAS -
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LICENSE BOND
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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
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14, G. Ramey, agent and
Attorney in fact
Form ] Sala (941)
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LVOL 705 796
EASEMENT ~y
THE STATE OF TEXAS X . l882r
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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,
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A
otary Public, Denton County, exas
s + My commission expires June 1, 1975.
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Lva 705 FAGi 798
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FILED I'r4
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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
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OOIIMf'f Ol{Rt4 Pef'bP ~4!~J'r 1W! ,
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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.
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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
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~~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
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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
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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
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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
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to CA
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- -
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~
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I I ` w I ie
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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
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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
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04
d h C f O i a i I iL i w i vJ
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~HE o ' rti n~; i °o ~m
Hi I iC~ liCl 1111 iBl
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\ \ 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;
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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.
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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
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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
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.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,
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sr
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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
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fk I ! m M V
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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
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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
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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
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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."
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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.
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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
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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.
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• 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 +
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COIJ[RY (xEm vwft Conroy. firs
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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
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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.
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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.
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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.
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to z: 7 '{If.I:tt ,W,.. - I i w yoM d
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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
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