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HomeMy WebLinkAbout06-1975 N cr 19 . Denton County Project GRP 918-46-1 Sycamore Road serial No. 5438 STATE OF TEXAS X COUNTY OF TRAVIS X THIS AGREEMENT, made this 25th day of June , 19 75 , by and between the State of Texas, hereinafter called the "State," Party of the First Part, and She Texas and Pacific Railway Company , a corporation, hereinafter, whether one or more, called the "railroad company," Party of the Second Part, acting by and through J. W. G£SSNRR its Vice President-Operation and the City of _ Denton Denton County, Texas, hereinafter called the "City," Party of the Third Part, acting by and through its duly authorized contracting officers. W I T N E S S E T H WHEREAS, Sycamore Street crosses the line of the railroad company at a point 1193 feet south of Railroad Milepost 209 in Denton, Denton County, Texas, and the State and the City propose to install automatic grade crossing protection devices of the type and at the crossing as shown on print marked "Exhibit A," attached hereto and made a part hereof, and WHEREAS, it has been determined that this work is eligible for State-Aid participation under the provisions of House Bill 139 of the, Texas 63rd Legislature, and WHEREAS, the State Highway Commission has approved a program of work which includes this project, and WHEREAS, it is understood that references to the "State" hereinafter apply to obligations and considerations during project construction, and that references to the City hereinafter apply to continuing obligations and considerations after completion of the project. D-5RR Protection Device - City 1 12-10-74 A G R E E M E N T NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. The railroad company hereby gives to the State and the City permission to install the automatic grade crossing protection devices and to use the crossing at the intersection of the railroad and street or road as shown on Exhibit "A." 2. It is agreed that all existing agreements between the railroad company and the City concerning licenses, permits, leases or easements at this location shall remain in full force and effect. 3. The permission, given hereby, shall not in any way prevent the railroad company from operating its trains across the land over which permission has been given. It is expressly agreed that no legal right of the railroad company to maintain, use, locate, align, realign and relocate the railroad track now located across the premises, and to construct and thereafter maintain, use and relocate any additional track or tracks, or other facilities, as it may desire, across said street or road at said intersection, shall be in anywise affected by the giving of this permission, subject, however, to the provisions of paragraph 8 hereof. In the event of any such changes the railroad company shall re- store the street or road to a proper condition for the use of the travel- ling public to the satisfaction of the City. 4. The railroad company and the State agree jointly to prepare plans and estimates based upon specifications approved by the railroad company and the Bridge Engineer of the Texas Highway Department for the proposed automatic grade crossing protection devices. After having been approved in writing by the railroad company, the Bridge Engineer of the Texas Highway Department, and the City, said plans, specifications and estimates covering the installation of said protection devices shall be attached hereto marked Exhibit "B" and made a part hereof. No changes in these plans, specifications and estimates are to be made without written approval of such changes by the railroad company, the Bridge Engineer of the Texas Highway Department, and the City. 5. The railroad company, unless otherwise provided, shall make such changes or alterations in the tracks, communication and signal, pole and wire lines, pipe sewer and drainage or other facilities or buildings located upon the railroad company's right-of-way, which may be displaced or required by the construction of the project, as may be D-5RR Protection Device - City 2 12-10-74 • necessary to maintain continuous service and conform them to said construction and restore them to former condition for service either prior to, during or following construction of said work, all of which, as far as known to the railroad company, shall be shown on the said plans. The railroad company shall prepare plans and estimates subject to approval by the State, for the adjustment of such facilities. Such plans and estimates shall be attached hereto and made a part of Exhibit "B." Any known work to be done, not shown on the plans and in the estimates will not be paid for. 6. Materials required for the installation of automatic grade crossing protection devices are to be furnished by the railroad company. Said materials are to be of the kind and quality as described or shown on the plans, specifications and estimates. The railroad company will furnish to the State a detailed estimate of all items needed in connec- tion with the proposed installation. 7. The railroad company shall install materials to be furnished by it and shall do other work as required to put such automatic grade crossing protection devices into operation in accordance with Exhibit 11B. 11 8. The railroad company shall maintain and operate the automatic grade crossing protection devices as installed and in accordance with the design of operation as shown on Exhibit "B." No changes are to be made in the design or operation of said protection devices without the written approval of the Bridge Engineer of the Texas Highway Department and the City. In future maintenance painting, the railroad company agrees to retain the painting color combination as accepted at the time of installation, unless otherwise agreed upon in writing by the rail- road company and the City. 9. If the crossing of the street or road and railroad as shown on Exhibits "A" and "B" is ever abandoned, the automatic grade crossing protection devices installed under this contract shall not be removed by the railroad company to any point other than that which might be approved by the City. 10. The State agrees to furnish such construction stakes and/or elevations as are required for the proper construction of the project. Any field engineering performed by the railroad company to check or verify the accuracy of any work performed shall be without expense to the State or the City. D-5RR Protection Device - City 3 12-10-74 11. The railroad company shall commence the work to be done by it herein within two weeks after receipt of written notice from the State that the work may proceed and shall proceed diligently to the: conclusion of its obligations herein. Reimbursement will not be made for work under- taken by the railroad company which is performed at the site of the pro- ject prior to the issuance of such work order by the State. This does not apply to the assembly at the railroad stores or loading points of materials which might be used on the project. Such assembly nay be undertaken sufficiently in advance to assure prompt delivery but reim- bursement for any materials or handling charges will be contingent upon the issuance of a work order by the State to the railroad company. 12. Reimbursement to the railroad company will be made for work performed and materials furnished, including but not limited to, in- surance premiums and coverage at the rate and amount set forth in the approved cost estimate attached, in accordance with the provisions of Policy and Procedure Memorandum No. 30-3 issued by the Federal Highway Administration on October 26, 1971, and amendments thereto except as modified by the provisions herein. 13. upon satisfactory completion of the work performed by the railroad company under this agreement and receipt of final and complete billing in proper form, the State shall compile the project cost. Sub- sequent to the audit the State will make final payment to the railroad company for work performed and materials furnished in accordance with this agreement and approved plans and specifications and approved changes thereof. The final bill for work performed by the railroad company must be mailed to the State in sufficient time for delivery to the State no later than March 31, 1977, since State's final payment under this program must be made no later than August 31, 1977. Due care must be exercised by the railroad in performing work and submitting final bill as previously re- quired as State funds will not be available to reimburse claims not paid in full as of August 31, 1977. 14. In the event that construction is not undertaken, or in the absence of a work order being issued by the State to the railroad company, the State and the City will not be responsible for any expense incident to any cost incurred in connection with any provigion of this contract. 15. In accordance with Texas Highway Commission Minute Order 65317, dated September 30, 1971, the cost of this project will be borne as follows: D-5RR Protection Device - City 4 12-10-74 1 a. The railroad company will contribute 10% toward the total cost of the project and will maintain the installation upon completion. The contribution will be collected by deduction from the final railroad force account bill, however, the railroad bill should show total costs incurred. The contribution of the railroad company will be computed by the State after obtaining all project costs. b. The City will contribute 10% of the total estimated cost of the project. Such contribution shall be in the hands of the State at or before the time of transmittal of plans and estimate to the City. The City will maintain any advance warning signs and/or pavement markings as may be installed under this agreement. c. The State will contribute the remaining cost of the project in the approximate amount of 80%. 'A` ~lr4 1 1' 15. Tf-az: any Me List! are operating exc or improperly, t o company sh 11, at it se, promptly take steps to eliminate the ob coon on of the signals. 17. The railroad company shall retain all records for auditing purposes for a period of three years after payment of the final bill. 18. All provisions concerning the State which are stipulated herein shall automatically cease and terminate upon official completion of the project and payment of the final bill. D-5RR Protection Device - City 5 12-10-74 1 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the day above stated. THE TEXAS AND PACIFIC RAILWAY THE STATE OF'TEXAS COMPANY Certified as being executed for the purpose and effect of acti- vating and/or carrying out the B orders, established policies, or (Titl work programs heretofore approved and authorized by the State Highway ATTEST: and Public Transportation Commission: (Seal) BY s Bridge E gineer Jim-aft. S retary for Railroad Under authority of State Highway and Company Public Transportation Commission Minute Order No. 70104, dated June 20, 1975 RECOMMENDED: RECOMMENDED FOR APPROVAL: (Title) (;4 D• rict Engineer (Title) APPROVED AS TO FORM: Sup rvising office Engineer Any reference to TEXAS HIGHWAY DEPARTMENT, Attorneys for Railroad Company STATE HIGHWAY COMMISSION or STATE HIGHWAY ENGINEER is to be construed as STATE DEPART- , MENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, STATE HIGHWAY AND PUBLIC TRANSPORTATION COH- CITY OF DE NTON MISSION AND ENGINEER-DIRECTOR FOR HIGHWAYS AND PUBLIC TRANSPORTATION, respectively. i (T• e} ATTEST: (Seal) (Title) D-5RR Protection Device - City 6 6-20-75 DEED RECORDS VOL 737 PAGE 879 THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON I 3GG 7 That the City of Denton, Texas, a Municipal Corporation of Denton County, Texas, in consideration of the sum of Ten and No/ 100 Dollars ($10.00) and other good and valuable consideration in hand paid by Delhi Gas Pipeline Corporation, receipt of which I is hereby acknowledged, do by these presents grant, bargain, sell f and convey unto Delhi Gas Pipeline Corporation, the free and un- interrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by it and situated in Denton County, Texas, in the Mary L. Austin Survey, Abstract No. 4, and described as follows: Being two (2) tracts of land referenced as follows: One being a 48.063 acre tract conveyed to the City of Denton, Texas, by Alex Dickie Sr., et al, on June 7, 1972, and recorded in Volume 648, Page 105 of the Deed Records; and The second (2nd) tract better described in that cer- tain conveyance from Len R. Henderson to the City of Denton on October 13, 1954, and recorded in Volume 398, Page 576, Deed Records of Denton County, Texas; and • The Right-of-Way for the pipeline and anode bed being described and/or shown in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof. And it is further agreed that the said Delhi Gas Pipeline Corporation 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 round upon said property for the purpose of constructing, installing, repairing and perpetually maintaining a gas pipeline and appurtenant anode-bed in, along, up- on and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress'in, along, upon and across said premises for the purpose of making additions to, improvements on and repairs to the said gas pipeline, or any part thereof. YOL 737 pArr 880 And it is further agreed that the property described in Exhibit "A" and Exhibit "B(( attached hereto will revert to the City of Denton at such time as Delhi Gas Pipeline Corporation I ceases to use for the transportation of gas or other material the said gas pipeline and appurtenant anode bed. TO HAVE AND TO HOLD unto the said Delhi Gas Pipeline Cor- poration, as aforesaid, for the purposes aforesaid the premises above described. WITNESS our hand this the 4th day of March,.A. D. 1975. (i If 'PC r0~ TOM JESTER,~+IA OR"' 0-TEM AS CITY OF DEt~j/i'ON, X Y Fyi5TTES c? 7 / lee HOLT, CITY SECRETARY CITY OF DENTON, TEXAS THE STATE OF TEXAS COUNTY OF DENTON f BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Tom Jester, Mayor Fro-Tem of the City of Denton, Texas, known to me to be the per- son and officer whose name is subscribed to the foregoing Instru- ment and acknowledged to me that the same was the official act of the City Council of the City of Denton, Texas, a Municipal Corpo- ration, and that he executed the same as the official act of said Council for the purposes and consideration therein expressed, and in the capacity therein stated. .:GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 4th day of March, A,. D. 1975. NOTARY PUBLIC IN AND FOR DENTON COUNTY, TEXAS Commission expires June 1, 1975. 11 V Y r • r t VOL 737 FdcE881 A description of the location of that certain 10-inch gas pipeline, i constructed by Delhi Gas Pipeline Corporation, across those cer~ain tracts of land, to-wit: Beginning on the East line of that certain 48.06-acre tract, conveyed to the City of Denton by Alex Dickie, Sr., and recorded in Volume 648, Page 105 of the Deed Records of Denton County, Texas, said beginning point being 50 feet North of its Southeast corner, Thence N 870 36" W - 20 feet to a point, Thence S 720 24" W - 310 feet to a point, Thence N 870 36" W - 795 feet to the West line of the above mentioned 48.06-acre tract, at a point 9.7 feet North of its Southwest corner, and also being the East line of that certain tract from Len R. Henderson to the City of Denton, recorded in Volume 398, Page 576 of the Deed Records of Denton County, Texas, Thence s 670 24" w - 19.3 feet,to a point, Thence S 20 24" W - 1232.6 feet to a point, Thence S 420 54" W - 24.3 feet to a point, Thence N 880 00" W - 449.5 feet to a point, Thence N 00 54" E - 125.4 feet to a point, Thence N 890 06" W - 138.5 feet to the East line of the Delhi Metering Station. • 4 r i r l i VOL 737 FACE 882 749 m 3~ v,,~4p fcs~, ~ ~ 0 Q 83s~ 23 At Woo Z/rpe., ; ?/O ,Bbl 7~n k~ y b l m Coo 1r L:? Tow0i ~60 Nv°5~~ ! I IO~Of52~ /o•vai~o 6~ R /B• Loading S,a ~ ' O-~ al ,/nodc Linc 0 x'19° Co 01ir~ c 40 < ~ o war X70 / E EXFIIBIT °B" A rA ~ ~y i i; i~l 1 1 i i. 1 i-~ L7 .7 11 ~ Z \i , i=: ~ n .'7 _y ,r. f i ~ ~ i i li r' C I T Y O F D E N T 0 N T A X A D J U S T M E N T S FOR THE MONTH OF JUNE Personal Property Automobiles $ 2,298,01 Real Estate $ 47.81 Business Personal $ 22.31 Mobile Homes $ 27.20 $ 2,395.33 Hugh Mixon Tax Assessor-Collector City of Denton, Texas r ' C I T Y O F D E N T 0 N T A X A D J U S T M E N T S FOR VIE MONTH OF JUNE Personal Property • Automobiles ACCOUNT NAME hgNBER 'YEAR VALUE TAX REASON Joseph S Alexander 9999-00655 1974 $ 80 $ 1.36 Unable to locate Ann H Beard 9999-03315 " 310 5.27 Unable to locate ( Jerry Birdwell 9999-04265 " 520 8.64 Unable to locate 1 A N Bradford 9999-05490 " 650 ' 11.05 Outside T R Brady 9999-05570 p 760 12.92 Outside Alfred W Calhoun 9999-07665 " 550 9.35 Unable to locate .iialter'L Campbell 9999-07910 " 19590 27.03 Too old Mildred Dillon 9999-13150 340 5.78 Unable to locate D4vid Eddleman 9999-14205 " 400 6.80 Outside David Eddleman 4999-14210 " .400 6.80 Outside Jerry M England 9999-14650 " 940 15.98 Did not owd J.-.n. l i' R Eubank + 9999-14930 160 X2.72 Unable to locate Katie M Freeny 9999.16855 " 840 14.28 Unable to locate Jolin Freak 9999-16865 " 340 .5.78 Unable to locate Joe M.Fultner 5`999-17075' " 300 5.10 Unable to locate Jenny a Funston 9999-17190 " 940 15.98 Bankruptcy Je4nette L Glasgow 9999=18550 " 940 15.98 Unable to locate Richard A Glasgow 9999-18555 " 180 3.06 Unable 'to locate Lola Gleghorn 9999-18635 " 160. 2•.72 Outside Deals Hall 9999-20525 " 520 8.84 Did not own Jan.l Ronnie Hannah 9999-20980 " 860 14.62 Outside ACCOUNT NAME Nlib1SER YEAR VALUE MASON Robert L Harris 9999-21595 1974 $ 340 $ 5.78 Unable to locate Laura Hunter 9999-24510 " 160 2.72 Unable to locate Roy James 9999-25480 " 160 2.72 Outside Helen 11 Jensen 9999-25770 " 400 6.80 Outside Martha L Kenas 9999-27345 " 760 12.92 Outside F W Korioth Co. 9999-28245 " 370 6.29 Outside F W Korioth Co. 9999-28250 " 520 8.84 Outside Wilma J L~mbett 9999-28670 " 160 2.72 Unable to locate Larry K Lucas 9999-30485 " 390 6.63 Unable to locate I Robert P Lukeman 9999-30535 " 100 1.70 Unable to locate Charles E Marrs 9999-31280 It 160 2.72 Unable to locate Paul A WMills 9999-33430 " 550 9.35 Unable to locate Oveda Meier 9999-33760 " 160 2.72 Unable to locate Dennis Peacock 9999-38520 " 400 6.80 Did not own Jan.l J Rampoldi 9999-40730 It 940 15.98 Did not own Jan.l C W Roan 9999-42250 " 660 11.22 Outside' Dave Snyder 9999-46830 " 400 6.80 Did not own Jan.l Pauline Stanley. 9999-47540 " 200 3.40 Outside . James V Strickland 9999-48315 " 240 4.08 Adjustment on mike Ralph Turner 9999-50835 " 460 7.82 Outside Hazel Walker 9999-51740 of 990 16.83 Did not own Jan.l Gary B Wall 9999-51830 " 340 5.78 Outside .George Ward 9999-52045 " 760 12.92 Outside Roy C Ward 9999-52060 " 520 8.84 Unable to locate Bobby A Warren 9999-52115 " 340 5.78 Outside Henry Webb 9999-52430 " 340 5.78 Outside . 'Jack Webb 9999-52455 " 940 15.98 Outside Mike Webb 9999-52470 It 780 13.26 Outside Mike Webb 9999-52475 " 470 7.99 Outside Today Webb 9999-52500 " 760 12.92 Outside ACCOUNT NAME NIThIIWR YEAR VALUE ~X tL{'ASON W 0 Alexander 9999-00705 1973 $ 520 $ 8.84 Outside Ralph L Beck 9999-03845 " 760 12.92 Unable to locate Nancy Berend 9999-04495 " 650 11.05 Did not own Jan.l Jerry Birdwell 9999-04815 650 11.05 Unable to locate Birt Bland 9999-05200 " 340 5.78 Unable to locate Tom Bourke 9999-05840 " 800 13.60 Unable to locate Michael Bradburn 9999-06150 " 300 5:10 Unable to locate John Bradford 9999-06165 " 540 9.18 Outside John Bradford 9999-06170 It 160 2.72 Outside John Bradford 9999-06175 to 340 5.78 Outside John Bradford 9999-06180 " 500 8.50 Outside Mary A Brown 9999-07320 " 160 2.72. Unable to locate Lanita G Decker 9999-14295 " 160 2.72 Deceased Justin W Dennis 9999-14480 " 760 12.92 Unable to locate Mildred Dillon 9999-14985 it 520 8.84 Unable to locate J L Evans 9999-16965 " 19120 19.04 Unable to locate Peggy M Evans 9999-17030 " 940 15.98 Outside Jose L Fernandez 9999-17520 " 160 2.72 Outside W6 A Finnie 9999-17705 " 760 13o.92 Unable to locate Wm A.Finnie 9999-17710 ° 460 7.82 Unable to locate Sandra Fiorini 9999-17725 " 300 5.10 Unable to locate V Mary A Fittipaldi 9999-17810 " 400 6.80 Unable to locate Carol A Ford 9999-18200 to 760 12.92 Unable to locate Gordon Fry 9999-19025 to 520 8.84 Non-resident Gordon Fry 9999-19030 " 540 9.18 Non-resident "Joe H Fultner 9999-19135 " 400 6.80 Unable to locate Berman W Fults 9999-19165 " 160 2,72 Unable to locate Wm L Furry 9999-19275 " 400 6.80 Unable to locate Gene C Gehrels 9999-20025 " 840 14.28 Unable to locate jams P Gill 9999-;0475 " 460 7.82 Unable to locate ACCOUNT NMIE NUMBER YEAR VALUE IM EA MN 3 D Green 9999-21595 1973 $ 940 $ 15.98 Unable to locate Sue Hancock 9999-23015 " 380 6.46 Unable to locate Ronnie Hannah 9999-23085 200 3.40 Outside Cynthia Hansford 9999-23145 " 340 5.78 Unable to locate 3 W Hardin 9999-23270 " 160 2.72 Unable to locate Bart Harst 9999-23845 " 700 11090 Unable to locate Carl R Harwell 9999-23935 " 180 3.06 Vnable,to locate Richard C Hasstings 9999-23990 160 2.72 Unable to locate Helen'Pausler 9999-24065 " 550 9.35 Unable to locate Joseph L Haynes 9999-24185 " 600 10.20 Unable to locate Louises Hedrick 9999-24400 340 -5.78 Unable to locate Katherine N Heil 9999-24445 " 200 3.40 Unable to locate Mike hickey 9999-24940 " 500 8.50 Unable to locate Leo Hollis 9999-25835 to 590 10.03 Outside Lo Hollis 9999-25840 r' 300 5.10 Outside W J Housley 9999-26390 " 180 3.06 Outside W J Housley 9999-26395 if 760 12.92 Outside Jerry R Howard 9999-26455 " •160 2.72 Unable to locate Daird Hover 9999-26410 460 7.82 Unable to locate W S Hughes, 9999-26905 " 520 8.84 Unable to locate James B Ingler 9999-27375 " 600 10.20 Unable to locate James B Ingler 9999-27380 " 500 8.50 Unable to locate Charles Irvine 9999-27515 " 520 8.84 Unable to locate Kirby H Jackson 9999-27750 of 410 6.9'. Unable to locate Roy James 9999-27915 " 340 5.78 Outside John M Jenson 9999-2;975 " 860 14.62 Unable to locate kancy A Johnson 9999-28710 " 200 3.40 Unable to locate Billy'R Jones 9999-29010 " 780 13.26 Unable to locate Marvin Jones 9999-29280 " 150 2.55 Outside Charles'R Keller 9999-29835 " 340 5.78 -Deceased ACCOUNT NAME NIRIBER )Z-AR VALUE LAX EASON Wm K Keltner 9999-29920 1973 $ 340 $ 5.78 Unable to locate Bryce A Kraft 9999-30955 it 760 12.92 Unable to locate Larry K Lucas 9999-33665 " 460 7.82 Unable to locate Mac Magee 9999-34225 " 520 8.84 Unable to locate Linda Y Martin 9999-34865 " 100 1.70 Unable to locate Jimmy McBride 9999-35725 " 300 5.10 Unable to locate Mark McCain 9999-35820 " 340 5.78 Unable to locate C J McQueen 9999-37140 " 200 3.40 Unable to locate Thelma C Meadows 9999-37305 " 160 2.72 Outside Ben Mettle Jr. 9999-37550 " 690 11.73 Unable to locate Ben Mettle Jr. 9999-37555 " 590 10.03 Unable to locate B L Moore 9999-38660 " 760 12.92 Unable to locate Stanley R Nelson 9999-40180 " 520 8.84 Unable to locate Stanley R Nelson 9999-40185 " 160 2.72 Unable to locate Prasan Nicngcharoen 9999-40575 " 160 2.72 Unable to locate Prasan Nicngcharoen 9999-40580 " 100 .'1,.70 Unable to locate Carmen D Ortiz 9999-41280 " 760 12.92 Unable to locate James H Pennington9999-42655 " X80 6.46 Outside Arveta M Phillips 9999-43070 " 340 5.78 Unable t, locate Thomas C Robbins 9999-46375 " 160 2.72 Unable to locate Wm M Salsman 9999-47800 " 340 5.78 Outside Mitchell L Slayton9999-50220 " 650 11,05 Unable to locate Marion C Smith 9999-50845 " 160 2.72 Unable to locate Josefins C Solis 9999-51340 " 340 5.78 Unable to locate Denise Strong 9999-53135 " 500 8.50 Outside J 0 Taylor 9999-54000 " 310 5.27 Outside Bill Tucker 9999-55480 " 340 5.78 Unable to locate Bill Tucker 9999-55490 " 650 11.05 Unable to locate James L Walden 9999-56815 " 300 5.10 Outside Roy D Walden 9999-56820 " 200 3.40 Outside ACCOUNT NAKE NITHBER VAR VALUE TAX FR ASON D L Ward 9999-57240 1973 $ 390 $ 6.63 Outside D L Ward 9999-57245 " 200 3.40 Outside Floyd Ward 9999-57250 " 760 12.92 Outside John C. Watson 9999-57460 " 690 11.73 Unable to locate Jack Webb 9999-57595 " 19080 18.36 Outside Jack Web') 9999-57600 " 1,080 18.36 Outside Mike Webb 9999-57630 " 180 2.06 Outside Dwight B West 9999-57980 " 340 5.78 Unable to locate Maty M Whitsett 9999-58555 " 200 3.40 Unable to locate John W Wilson 9999-59590 It 740 12.58 Unable to locate Mark B Wood 9999-60020 " 520 8.84 Unable to locate Flynn Wright 9999-60430 " 400 6.80 Unable to locate W 0 Alexander 9999-00585 1972 160 2.72 Outside W 0 Alexander 9999-00590 It 180 3.06 Outside .B L Bollman 9999-04630 " 340 5.78 Unable to locate B.L.Bollman 9999-04635 " 650 11.05 Unable to locate Michael E Bradburn9999-05160 " 400 6.80 Unable to locate :John Bradford 9999-05170 " 680'. 11.56 Outside Mary A Brown 9999-06130 " 340 '5.78 Unable to locate Glenda K Burns 9999-06795 It 10350 22.95 Outside L L Coleman 9999-09390 it 540 9.18 Did not own Jan.l Dart Products 9999-11385 to 650 11.05 Did not own Jan.l Beverly R Davidson9999-11445 " 520 8.84 Unable to locate Lanita G Decker 9999-11940 " 340 5.78 Deceased Justin W Dennis 9999-12125 " 690 11.73 Unable to locate Wm L Furry 9999-15965 " 500 8.50 Unable to locate James Glover 9999-17180 " 180 3.14 Paid receipt James D Green 9999-17835 " 200 3.40 Unable to locate Larry F Griffin 9999-:7990 " 650 11.05 Unable to locate S S Uammona 9999-19015 " 940 .15.98 Did not own Jan.l ACCOUNT NAME NUMJI'FEK YEAR VALUE TAX REASON Carl R Haswell 9999-19840 1972 $ 310 $ 5.27 Unable to locate Richard C H3stings9999-19895 " 340 5.78 Unable to locate Raymond W Hilliard9999-20995 600 10.20 Unable to locate Mrs.S F Hindsman 9999-21070 " 760 12.92 Did not own Jan.l Jerry R Howard 9999-21925 " 340 5.78 Unable to locate James B Ingler 9999-22650 " 600 10.20 Unable to locate John M Janson 9999-23125 " 160 2.72 'Unable to locate s Charles R -Keller 9999-24635 " 520 8.84 beceased Michael T Kluck 9999-25325 " 470 7.98 Did now own Jan.l Bryce A Kraft 9999-25490 " 300 5.10 Unable to locate Wilma Lamber 9999-25800 " 310 5.27 Unable to locate Gerald L McNutt 9999-30315 500, 8.50 Unable to locate Daniel J Goyer 9999-16585 " 830 14.11 Did not own Jan.l John W Spear-nan 9999-41030 1971 650 11.05 L`id now own Jan.l W 0 Alexander 9999-00525 1970 160 2.40 Outside Ralph L Beck 9999-03120 If 650 9.75 Unable to locate Ted D Brannan 9999-05140 to 760 11.40 Too old Joel F Chambers 9999-08035 " 730 10.95 Too old Lewis T Clark 9999-08565 " 160 2.40 Unable to locate Mrs. Sidney Cobb 9999-08830 to 760 11.40 Too old R L Dalrymple 9999-10755 " 160 2.40 Too old Mrs.J L Davidson 9999-10925 " 400 6.00 Outside Sorry Down 9999-12250 " 10080 16.20 Outside Blake English 9999-13310 " 340 5.10 Unable to locate William Finnie 9999-14105 " 460 6.90 Unable to locate Wm A Finnie 9999-14110 " 520 7.80 Unable to locate Garner L•Gagle 9999-15400 " 360 5.40 Unable to locate Harold R Gore 9999-16735 " 520 7.80 Too old Richard C Hastings9999-19165 If 650 9.75 Unable to locate Kirby Jackson 9999-22150 is 520 7'.80 Unable to locate ACCOUNT ZIANE N11A1BE[t YEAR VALUE TAX REASON John M Janson 9999-22320 1970 660 $ 9.90 Unable to locate Marvin Jones 9999-23455 " 340 5.10 Outside Kenneth Lloyd 9999-26125 It 340 5.10 Unable to locate Kenneth Lloyd 9999-26130 " 1,030 15.45 Unable to locate Linda M Lupean 9999-26655 " 200 3.00 Unable to locate M & B Metal Prod 9999-26810 " 460 6.90 Outside M F M Combination9999-26820 " 390 5.85 Unable to locate . M F M Combination9999-26825 " 840 12.60 Unable to locate Linda Martin 9999-27575 " 100 1.50 Unable to locate Walter N Myers 9999-31910 to 340 5.10 Did now own Jan.l Enriqueta Olivares9999-32895 it 760 11.40 Unable to locate Luvina Osborne 9999-33090 " 760 11.40 Unable to locate Gordon Ramsey 9999-35865 " 310 4.65 Unable•to locate Janice Reed 9999-36215 " 160 2.40 Non-resident Banda S Reed 9999-36250 " 520 7.80 Unable to locate Regina Inc. 9999-36320 " 340 5.10 Unable to locate Danna Reynolds 9999-36425 " 520 7.80 Unable to locate David Rice 9999-36480 " 940 14.10 Unable to locate Wo E Richardson 9999-36675 " 500 7.50 Unable to locate Steven B'Ritchey 9999-37040 " 400 6.00 Unable to locate Curtis Ritchie 9999-37045 " 160 3.40 Deceased Thomas C Robbins 9999-37165 " 730 10.95 Unable to locate Frank S Sabbato 9999-38220 " 340 5.10 Unable to locate Alfred Salazar 9999-38250 " 760 11.40 Unable to locate Dana J Sams 9999-36325 " 340 5.10 Unable to locate- Dottie D Sapp 4999-38520 " 520 7.80 Unable to locate David Schenk 9999-38665 " 840 12.60 Unable to locate Gretchen Schmidt 9999-38740 " 500 7.50 Unable to locate Schmitt & Wright 9999-38765 " 310 4.65 Unable to locate Wayne Scbultz 9999-38865 " 100 1.50" Unable to locate ACCOiTHIr NAME NIND.ER 1LAR VAUJF -TA X REASON Erwin Schwegler 9999-38910 1970 $ 340 $ 5.10 Unable to locate John C Sefert 9999-39200 " 340 5.10 Unable to locate Delbert C Sells 9999-39295 " 650 9.75 Unable to locate Delbert C Sells 9999-39300 " 940 14.10 Unable to locate Melvin L Sells 9999-39310 " 650 9.75 Unable to locate Thomas M Seymour 9999-39385 " 990 14.85 Unable to locate Thomas Seymour 9999-39390 " 1,030 15.45 Unable to locate Thomas M Seymour 9999-39395 " 460 6.90 Unable to locate Thomas M Seymour 9999-39400 " 460 6.90 Unable to locate Harold Shannon 9999-39470 650 .9.75 Unable to locate J L Shelton 9999-39615 760 11.40 Unable to locate Fred 0 Smith 9999-40690 " 390 5.85 Outside Larry Smith 9999-40875 IN 650 9.75 Unable to locate Larry Smith 9999-40880 IN 460 6.90 Unable to locate A Y Spanier 9999-41345 " 600 9.00 Unable to locate Jerry Stephes 9999-42020 " 520 7.80 Unable to locate Joe W Stout 9999-42400 " 250 3.75 Too old Sam Strickland 9999-42545 " •160 2.40 Outside Sam Strickland 9999-42550 " 460 6.90 Outside Sam Strickland 9999-42555 " 660 9.90 Outside Julia N Thompson 9999-43865 " 520 7.80 Unable to,locate John Tidwell 9999-44065 It 160 2.40 Unable to locate University Motors9999-44975 " 180 2.70 Unable to.locate Mrs. Birdie Warren9999-45880 " 160 2.40 Too old Elva W weaver 9999-46070 " 520 7.80 Unable to locate Mike Webb 9999-46100 " 600 9.00 Outside C B Welch 9999-46180 " 960 14.40 Too old 180 2.70 Outside Leo Wells 9999-46300 IN Raymond L Wheeler9999-46560 600 9.00 Did not own Jan.1 J Bernard white 9999-46635 840 12.60 Unable to locate ACCOtr T NAHr NP111rR XF.AR VhT.UF TAX FLACON Randy White 9999-46695 1970 $ 10030 $ 15.45 Unable to locate Richard Whitehurst9999-46750 It 990 14.85 Unable to locate Richard Whitehurst9999-46755 " 340 5.10 Unable to locate Anna B Whitlock 9999-46790 " 960 14.40 Did not own Jan.l Donnie Whitworth 9999-46890 " 520 7.80 Unable to locate Wallace Whitworth9999-46905 650 9.75 Unable to locate Earl Wiley 9999-47045 " 300 4.50 Unable to locate . Marie C Wiley 9999-47060 " 460 6.90 Unable to locate Nea1.W Wilkerson 9999-47085 " 680 10.20 Unable to locate Randy Wildinson 9999-47165 " 650 9.75 Unable to locate Judy K Williaford9999-47205 " 340 5.10 Unable to locate Billy Williams 9999-47240 " 650 9.75 Unable to locate George Williams 9999-47320 " 160 2.40 Outside Kenneth R Williams9999-47430 " 160 2.40 Unable to locate Terry Williams 9999-47500 " 400 6.00 Unable to locate Timothy Williams 9999-47505 to 160 2.40 Unable to locate J W Wilson 9999-47790 it 340 5.10 Too old John W Wilson 9999-47841 " 340 5.10 Unable to locate Michael Wilson 9999-47920 " 650 9.75 Unable to locate Michael K Wilson 9999-1.7925 " 500 7.50 Unable to locate Wimpys Cafe 9999-48020 " 600 9.00 Unable to locate i Rex Winn 9999-48060 " 600 9.00 Unable to locate Mary G Woody 9999-48360 " 160 2.40 Unable to locate Edward Woude 9999-48440 " 160 2.40 Unable to locate Curtis Ritchie 9999-39985 1969 340 5.10 Deceased Roy S Martin 9999-29995 1968' 960 14.40 Unable to locate .Roy S Martin 9999-04207 1967 1,120 16.80 Unable to locate Roy S Martin 9999-04208 1966 340 5.10 Unable to locate C I T Y O F D E N T O N T A X A D J U S T M E N T S FOR THE MONTH OF JUNE REAL ESTATE ACCOUNT NAME NUMBER 'YEAR VALUE 'TAX REASON Homer Herod 3280-01800 1974 $ 21680 $ 45.56 Exempt-Church et alp Trustees Florine Jones 3250-00600 1959 50 .75 Duplication Florine Jones 3250-00600 1958 50, .75 Duplication Florine Jones 3250-00600 1957 50 .75 Duplication i I T B I T Y O F D E N T 0 N T A X • ADJUSTMENT S ' FOR THE MONTH JUNE BUSINESS PERSONAL ' I ACCOUNT r NUMBER YEAR VALUE TAX REASON Wm.A Snare 9190-02152 1974 $ 160 $ 2.72 Unable to locate john Bragg Cafe 9010-04,100 1968 100 1.50 Too old Whit Mercer 9120-02600 1968 200 3.00 Too old Carland,Moore 9200-02700 1968 500 7.50 Too old John Bragg Cafe 9010-04300 1967 106 1.59 Too oid John Bragg Cafe 9010-04300 1966 100 1.50 Too old John Bragg Cafe 9010-L4300 1965 100 1.50 Too old John Bragg Cafe 9010=04300 1964 100 1.50 Too old John Bragg Cafe 9010-04300 1963 100 1.50 Too old I T Y O F L E 11 T 0 N T A X ADJUSTMENTS FOR THE MON1'll OF JUNE MOBILE HOSES ACCOUNT NIIM)3FR YEAR VALUE TAX -REASON Bob Simmons 9500-00705 1971 $ %600 $ 27.20 l nable to locate ~ n a s THE STATE OF TEXAS 9DEED RECORD`, 752 matt 408 KNOW ALL MEN BY THESE PRESENTS. COUNTY OF DENrcxv 11679 THAT NOLAN BROWNE9 JR. AND WIFE PIARGARET ABBEY BROWNE of Denton County, Texas , in consideration of the rum of One Dollar ($1.00) and other good and valuable oonsidamtIon in hand paid by The City of Denton, Texas receipt of which Is yereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Dez ton, 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 A. Gibson Survey, Abstract Na 498 See Exhibit "A" attached hereto and made part hereof and being a 20 foot Sewer Easement containing 25,277.74 square feet and a 9 paragraph addendum And It V further agreed that the said City of Denton, Texas , In consideration of the benefits above set out, will remove from the property above described, amb fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining a sanitary sewer-----------------------------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 t'.e said sanitary sewer or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for ~F the purposes aforesaid the premises above described. See Addendum attached hereto d made a par of f all purpo s. Witness hand , this the ~vday D. 197 J BROWNE MARGA T ABBEY BROWNE SINGLE ACKNOWLEDG31ENT E VOL 752 PAu 409 THE STATE F T XAS, l COUNTY OF. ( BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared .--MAlA~ ~T----- 1• tf - - - 1.elrWii to rpa to bb,erson _whose name subscribed to the foregoing instrument, and acknowledged to me % ted Oe same for the purposes and consideration therein expressed. thf}IK)1i execu n : b TEN UNQF4A plY HAND AND SEAL OF OFFI ' .-pt of__ A.D. 19~ a .1. n 7 - - , . : ' .k' ry Public, ~ -.-_County, Texas l Q; My Commission Expires June 1, 192-1 .n ''.n,nr,r•' SINGLE ACKNOWLEDGMENT THE STATE 0 T S, i COUNTY BEFORE ME, the ~derstgned authority, In and f9 L ld'0*upty, Texas, on this day personaIly appeared..... .Alf-4---- rX.1 Pup". \be kMwrf me the kenop -.whose name.. subscribed to the foregoing instrument, and acknotedged to me •at_j_he_ exacu ~i, ~ ted; t~ yams for the purposes and consideration therein expressed. 10IVtN tJNPE 2 411r ~ HAND AND SEAL OF OFFI Th day of_ 7l- - A.D. 19 ..7 OF N ry Publie, County, Texas nmmissinn Expirta Jrme 1, 19 ! .7 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF.-. BEFORE 51E, the undersigned authority, in and for said County, Texas, on this day personally appeared - name is subscribed to the foregoing instrument and acknowledged to me that the some was the act of the said a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. 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, 1~- - - - - - County COUNTY OF Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of........... , A. D. 19 _ , wAh 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, Texan. (L S.) By...... , Deputy. f of i F Q+ ° f r ' 7 06 Fi V 0 I 1 c o o M app i ■ ALI SN;:- r) ADDENDUM TO EASEMENT i VOL 52 PAGE M BETWEEN NOIAN BRCUNE, JR. AND WIFE MARGARET ABBEY BROWNE OF DENTON, TEXAS AND THE CITY OF DENTON In addition to the terms and conditions of the easement above described, the parties agree as follows: 1. It is further agreed that the City of Denton is given a temporary work area of 20 ft. along the above described ease- ment during the period of time necessary to lay the sewer line. The temporary work area shall lie on the westerly side of the following course: North 000 371 00" West, 393.08 feet; on the northeasterly side of the following course: South 390 24f 17" East, 453.30 feet: and on the easterly side of the following course: South 000 37' 00" East, 416.47 feet. 2. NOLAN BROWNE, JR. and wife, MARGARET ABBEY BROWNE, or their successors, will pay the pro rata portion of the pump station cost as tie-ins are made to the sanitary sewer easement. 3. NOLAN BRMNE, JR. and wife, MARGARET ABBEY BROWNS, or their successors, will pay the standard City tap fees as tie-ins are made to the sanitary sewer. 4. During the laying of the sanitary sewer pipe, the line will be properly encased in concrete for water line crossing as shown on the plans and in accordance with the specifications of the City of Denton. 5. No trees will be removed unless necessary and following installation, the easement area will be restored as well as is possiblz and the easement area will be releveled after sufficient rain to settle the evacuation, but in no event shall this covenant extend beyond twelve ;12) months from date of completion. - 1 - r ADDENDUM TO EASDIENT , VOL 152 PAGE 411 6. Any fences or gates removed in connection with the installation of the sewer line shall be replaced and no trees shall be removed outside of the easement area unless approved by NOLAN BROWNE, JR. and wife, MARGARET ABBEY BROWNE 7. NOLAN BROWNE, JR. and wife, MARGARET ABBEY BRN74S shall be furnished to scale a survey showing the proposed sanitary sewer location. 8. This sanitary sewer easement shall cease at any time the sewer line is removed or is no longer used by the City of Denton. 9. All rights and benefits created herein for NOLAN BROWNE, Jr. and wife, MARGARET ABBEY BROWNE are assignable to their suc- cessors and interests. 2 - EXHIBIT A ( VOL 752 pw 4 2 DESCRIPTION TO A 20 FOOT SANITARY SEWER EASEMENT All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the A. Gibson Survey, Abstract No. 498, and being part of two tracts of land; Tract No. 1 containing 11.403 acres and Tract No. 2 containing 14.303 acres as conveyed from W. Bonin to Nolan Browne, Jr. and wife, Margaret Abbsy Browne by deed dated August 28, 1969 and recorded in Volume 590, Page 431 of the Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at the Northeast corner of said Tract No. 1, same being the Northwest corner of said Tract No. 2; THENCE: South 000 ^~171 00" East along the east boundary line of said Tract No. 1, same being the west boundary line of said Tract No. 2, a distance of 384.04 feet to a point for a corner; THENCE: South 390 24' 17" East a distance of 453.30 feet to a point for a corner; THENCE: South 000 37' 00" East a distance of 426.47 feet to a point for a corner in the North right-of-way line of Ryan Road; THENCE: South 880 49' 00" West along the North right-of-way line of said Ryan Road, a distance of 20 feet to a point for a corner; the same being the Southeast corner of the Terry Martin Tract as recorded in Volume 680, Page 322 of the Deed Records of Denton County, Texas; THENCE: North 000 370 00" West along the East boundary line o:: said Martin Tract, a distance of 349.75 feet and continuing !forth 000 3i1' 00" West 69.88 feet for a total distance of 419.63 feet to a point for a corner; THENCE: North 390 24' 17" West a distance of 453.30 feet to a point for a corner being 20 feet West of the East boundary of said Tract No. 1, same being the West boundary line of said Tract No. 2; THENCE: North 000 37' 00" West, 20 feet West of and parallel to the East boundary line of said Tract No. 1, same being the West boundary line of said Tract No. 2, a distance of 391.08 feet to a point for a corner lying on the North boundaryline of Tract No. 1; THENCE: North 890 231 00" East along the North boundary line of said Tract No. 1, a distance of 20 feet to the PLACE OF BEGINNING and containing 25,277.74 square feet of land. f fJ I ~ f r L VOL 752 FAU 413 0 STATE OF TEXAS COUNTY OF D OM COUNTY CLERK. Denton Coviv, Von hereby Ctdlfy th 1 L'u, n..1 LMA Mats lied on tM date ertd time stamp.d h. .a, Dy rae 04 Nis dwf re. Corded In the vtlume and p s: a the rAm tmwds of Dedoa Courtly. Tess as Lumped leereut by me. Iiil 24 1975 0A. 0 °e oe. lU1 MWTY MUK, Dentm Cota*. Teats 2', A. DEED RECORDS I VOL 752 FAct 41 THE STATE OF TEXAS+ KNOW ALL MEN BY THESE PRESENT COUNTY OF DE NTO N THAT Wayne S. Ryan and Melbagene Ryan 1-1680 of Denton County, Texas , in consideration of the sum of One (=1.00) 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; 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 Thos. E. Peacock Survey, Abstract No. 1589 Being a part of a tract of land as conveyed from Mary Ryan to Wayne S. Ryan and wife Melbogene Ryan by deed recorded in Volume 516, Page 166 of the Deed Records of Denton County, Te:.os, and more particularly described as follows: FROM the Southwest corner of said Ryon Tract, some being the Southwest corner of said Peacock Survey and the Southeast comer of the A. Gibson Survey, Abstract No. 498; 1 THENCE: East along the South boundary line of the said Ryan Tract 1.00 foot to the PLACE OF BEGINNING; THENCE; North parallel to the West boundary line of said Ryan Tract, 269.42 feet to a point for a comer; THENCE: East parallel to the South boundary line of said Ryan Tract, 16.00 feet to a point for a corner; THENCE: South parallel to the West line of said Ryan Bract, 269.42 feet to a point for a comer in the South boundary line of said Ryan Tract and said Peacock Survey; THENCE, West along the South boundary of said Ryan Tract and said Peacock Survey 16.00 feet to the PLACE OF BEGINNING and containing 4,310.72 square feet of land, more or less. . 1189610664" O&W i For tM purpose of constructing, installing, repairing, and perpetually maintaining public utilities in, along, upon mad 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 par„ thereof. This grant Is additionally subject to the provisions appearing as Exhibit "A" annexed hereto. TO HAVE AND TO HOLD unto the said the City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witnebs our hand , this the 414 day of Tu n C_ , A. D. 19 75 . ~M4 SINGLE ACKNOWLEDGMENT , YOL 752 %E 415 THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF In and fo~p,,a IApt, Texas, on this day personally appeared.. i lr 'ry -Fl=-i------------- i r•- - kwc>nto~nebethe '1; - - - - - \ person= ..-whose name _i_1_..__.. subscribed to the foregoing instrument, and acknowledged to me that~_; he + executed ~Ertiime for the purposes and consideration therein expressed. n G Vim UN DEIL4#IiAND AND SEAL OF OFFICE, This day of__.~li<-=~U , A.D. 197J Notary Public, n4 i _--~I+L ounty, Texas ,,•''a+,,,, Afy Commissio xpires June 1, 197 ~ SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY O~L.72-_.__....~ BEFORE ME, the undersigned authority, in and `f~oe'Id~ ~Couht7kTexat, on this day personally appeared-/Vit, ~ ~Y.ew_r_ kiiwa tol o be the person'--whose name subscribed to the foregoing instrument, and acknowledged to me thi43L4he. executed fhMeime for the purposes and consideration therein expressed. N UNI?E;i$9';)iAND AND SEAL OF OFFICE, This__I_ day A.D. 1973 OE Notary Public, r~~-clnnty, Texas My ('ommfsslo xpires June 1, 19 .?J CORPORATION ACKNOWLEDGMENT STATE OF TE%AS l BEFORE ME, the undersigned authority, COUNTF.. lj In and for said County, Texas, on this day personally appeared.. _ _ - known to me to be the person and officer whose name is anbscribed to the foregoing instrument and acknowledged to me that the same was the act of the said - a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein Mated. GIVEN UNDER MY RAND AND SEAL OF OFFICE, This day of A.D. 19 Notary Public, County, Texas _ My Commission Expires June 1, 19- CLERK'S CERTIFICATE THE STATE OF TEXAS , County COUNTY OF....................... _ Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of.............. A. D. 19----- , with its Certificate of Authentication, was filed for record in my oflke 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 S) By_ , Deputy. N A e; qu 3 ai I H $ to 7. Ga V A a G a v E i E W 000 ; 3 da A EXHIBIT "A" L' YOl 7 52 YAa 42 Additional Provisions Grantee shall have all rights and privileges incidental to the purposes for which the easement is granted; provided that Grantee will: I . Replace and repair all fences removed or damaged by or under Grantee. 2. Remove no tree over six inches in diameter except when compellingly necessary. 3. Construct no permanent road or track, restoring and leaving the tract suitable for farm or pastureland. 4. Use its rigfi;s of access solely to construct and service the utilities lying in the tract and not as a general right of access to other portions of Grantee's utility system. 5. Restore the contour of the land to its original grade during the first year following excavation or ditching. In the event of any abandonment or failure to use this easement, oil rights granted herein shall revert to Wayne S. Ryan and wife Melbogene Ryan or their successors. f ,r, V t J L` a [ ; Ail C STATE DF TfXA:; COUNTY OF DtKTON COUNTY CLERK, D:rlon County, Tats r bereby eertity th.1 thi; rn:'trumat was tiled on tM date and time sta,rpcd har,oli by ale and wasdaty ra corded in the Mume arxl pege of the aecled records of Denton County, Texas as stomped hereon by M nif 24 3975 o„w e 4 0 COUNTY CLEM Denton Coanq, Tua i ts , r fi V r aI ♦ L ~t ,r a ~ l l I 7 % ~ a'~ ~~~;~f~, ~~~~~C ~ A~l, ik'f ~ p 1. r•lj ~ l i ~ ~ a } ~ - ~ a k' f r a~ • ^ F y r~,,~., a 51 j II a •,f J.,r a C ~f. ~r J l .~r a f 1 Y 't' , 'f v' 7y;',,,! . ~ ' , t.`z ~ r r S•+`,irY 1,. r~ • NO. 7s AN ORDINANCE AMENDING CHAPTER 19, ARTICLE II "BILLIARD TABLES", SECTION 19-23, BY INCLUDING LICENrEES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: PART I. That Chapter 19, Article II "Billiard Tables" is hereby amended as follows: Section 19-23. *Alcoholic Beverages Prohibited on Premises. It shall be unlawful for any licensee hereunder to permit any person to sell, purchase, possess, or use any alcoholic beverage on, in or about any place or business licensed here- under. It shall also be unlawful for any person to sell, pur- chase, possess or use any alcoholic beverage on, in or about any place or business licensed hereunder. PART II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions bf this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PART III. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED This the day of , 1975. s TOM D. JEST , YOR CITY OF DENT, ATTEST: R HOLT, CITY SECRETARY C Y OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: l UL C. IS , CITY ATTORNEY CITY OF DENTON, TEXAS . ~ ~ ~ ~1? _;D ~ ~ ~ w ~ ~ ~ f°' y _ ' ~ FV: Foy . ..i i', k~ ~ 'r i y .h' - t fr. 1~ ~~ev~i~.tcrc~e o~ Era LIFE & CASAJALTY ® The .mna casualty and Surely Company The Standard Fire Insurance npany Hartford, Connecticut To CITY OF DENMN Date June 25, 1975 Denton, Texas 76201 Attention: Mr, Brooks Holt, City Secretary Gentlemen: This Is to certify that insurance policies, subject to their terms, conditions and exclusions, are at present in force In the Company Indicated above by a as follows: _ Name of Insured PROTEX SERVICE, INC. 1917 North Haskell, Dallas, Texas 75204 Coveting Pest Control - State of Texas KIND OF INSURANCE LIMITS OF LIABILITY POLICY NO. EFFECTIVE EXPIRATION Each Person Each Occurrence Aggregate Workmen's Compensation 18 C 59766 7-1-75 7-1-76 Manufacturers' & Contractors' Bodily Injury Liability ; ,000 $ ,000 Property Damage Liability S ,000 $ ,000 Owners' or Contractors' Protective Bodily Injury Liability $ ,000 $ ,000 Property Damage Liability $ ,000 $ 000 Comprehensive Automobile Bodily Injury Lia:iility $ 250 ,000 $ 500 000 18 AL 183592 7-1-75 7-1-76 Property Damage Uability $ 100 ,000 Comprehensive General Bodily Injury Liability $ 500 ,000 $ ' ,000 18 AL 183592 7-1-75 7-1-76 Property Damage Liability $ 100 ,000 S 100 ,000 Bodo Injury Liability $ . ,000 $ ,000 $ ~000 Property Damage Usbility $ i000 $ in awmof eaneaaatim WRRIGAN-JORDAN INSURANCE AGEN"Y w tttall notice ri be swan to tna party to ~ wa aerWlcata is addressed. E ' BY i (OC.211.1) -Q • sk s "b r~ C f • t.z z" 2 t f _ TREND JUN 2 5 1975 MISSOURI-KANSAS-TEXAS RAILROAD COMPANY fREESE AND MCHOU INDUSTRIAL DEVELOPMENT DEPARTMENT C ti- 701 COMM[ACt SYR99T RAY[ RtYMCLO>I DALLAS. TEXAS 78202 11111 747-0814 w&mocR OP 00041 ACM June 24, 1975 FILM T-18753 Mr. Elvin C. Copeland PREESE AND NIC80LS 811 Lamar Street tort Worth, Texas 76102 Re: Distribution of Contract Type of Contract: Pipe Line License Agreement Date of Contract: MAY 191 1975 Location: Denton, Texas Drawing No.: Miles Posts 723.09 and 723.29 Dear Mr. Copeland: Negotiations have now been completed and the above referenced contract signed by all parties concerned. Therefore, we are pleased at this time to enclose your copy of the contract. Should you have occasion to correspond with us in connection with this contract, it would be appreciated very much if you would refer to the M-K-T file number shown. We trust that our handling of your request has met with your approval. If we may be of service to you in the future, please give us a call. Yours very truly, 4 W Qtr - RR: dp Enclosure cet R,oadmaster W. E. Smith P.S. Please contact Roadmaster W. E. Smith at 555 Ross Aveaue, Dallas, Teas 75202 (214) 651-6797 prior to installation of th*se crossing. ~feL ~N~f MISSOURI-KANSAS-TEXAS RAILROAD COMPANY Excerpt from Letter of Unanimous Consent of the Executive Committee of Board of Directors August 21, 1974 • • ■ • The Real Estate and Industrial Development Department is now under the direct supervision of the President, and it is recommended that the department head, H. 0. Brandt, be authorized to execute for the CompwW contracts for sale, purchase, lease, development and improvement of the real estate and other property of or to be acquired by the Company. RESOLVED, that Harold 0. Brandt, Assistant to President, be, and he hereby is, authorized and empowered to execute in the name and on behalf of this Company contracts and agreements for sale, purchase, lease, development and improvement of the real estate and other property owned by or to be acquired by this Company. • ~ • a s I, J. T. Bass, Assistant Secretary, Missouri-Kansas-Texas Railroad Company, a Delaware corporation, DO HEREBY CERTIFY the above to be a true and correct re- production of excerpt from Letter of Unanimous Consent of the members of the Executive Committee of the Board of Directors of said Company, whtch Committee is empowered to act, and was thereby acting for said Board of Directors as of A?+gust 21, 19740 and that these actions of the Executive Committee are in conformity with the Charter and By-Laws of this Corporation, and as of the date hereof the action taken by said Committee is still in full force and effect. ...4 s ant Secretary ~~pAPQR,I 19 ocwrAac 8 w (CORPORATE SEAL) Dated, Dallas, Texas August 28, 1974 Form t» Pipe Line License AGREEMENT. made this -19th --day of May---__-A.D. tr) Z~ between h11SS0LtRI-K.%.VSAS-TEXAS RAILROAD COMPANY _ hereinafter called "Licensor," and CITY OF DENTON hereinafter called "Licensee." r. In consideration of THREE HUNDRED NINETY-FIVE AND NO1100 DOLLARS ($395.00) ONE- TIME CHARGE hereby acknowledged, and of the covenants of Licensee hereinafter set forth, Licensor hereby grants to Licensee, for the period and under the conditions below, stated, the right to construct, maintain, and operate -lv-Q- pipe line a hereinafter called the "Crossing." not excecdin; _42 inches in diameter to he used for carrying __vAter across or along the right of way or other grcunds constituting a part of Licensor's railroad at or near the Station of _Lepton t the County of Der, ton and Slate.of -Texas--- Pipe Line No. 1: Said forty-two (42") inch water pipe line crosses said Railroad Company's premises at an angle of 62 degrees, more or less, measured to the right. Southerly, from the center line of said Railroad CinparAy's Denton Subdivision win track at milepost 723.09, being main tract` valomtion chaining station 1848+02, distant 10 feet, more or less, measured Southerly along the center line of said wain track from the center line of Woodrow Lane at rain track chaining station 1848} 12. 'Pipe Line No. 2: Said forty-two (42") inch water pipe line crosses said Railroad Company's pre- mises at an angle of 90 degrees, }measured tangent to curve from the center lipe"of said Railroad Company's Denton Subdivision mein track at milepost U3.29, being wain track valuation chaining station 1837+76, distant 1,060 feet, more or less measured Southerly along the center line of said main track from the center of Woodrow Lane at main track chaining station 1848+12 said pipe line crosses under the City of Denton's portion of ICC Track No. 211. Said pipe line shall 1w encased in a larger pipe where it passes under any railroad track and for at least twenty-five (25') feet on each side of the center line of any such track. 2. Licensee agrees to install said pipe line according to the specifications of the American Railway Engineering Association. The crossing shall be laid and maintained at the sole cost of Licensee in a manner and with material satisfactory to Licensor's Chief Engineer, with its top at [cast 5-1/2 feet beneath base of rail under the track, and at least thzee feet below the surface of the ground elsewhere, so it will not interfere with the safe operation of said railroad or cause dantage to said Licensor's premises. If Licensee shall fail to make necessary repairs to said crossing within thirty (,;o) days after notice from Licensor so to do, Licensor may make such repairs as the agent and at the cost-and risk of Licensee, . and Licensee shall, upon demand, reimburse to Licensor all such cost with ten per cent (to9b) thereon as a charge for supervision, accounting and use of tools. But failure of Licensor to make such repairs shall not release Licensee from liability for injury or damage resulting therefrom. 3. If the presence or maintenance of said crossing on Licensor's premises as herein authorized shall at any time, in the judgment of Licensor, interfere with any use Licensor may desire to make of said premises, or with the safe or convenient operation of its business, or if Licensee shall fail to keep any of Licensee's covenants herein, Licensor may cancel and terminate this contract on giving to Licensee not less than twenty (-zo) days' adv. ue written notice of its desire and intention so to do. I 4. Upon the termination of this agreement, whether in accordance with the provisions of Paragraph 3 or of Paragraph 6 hereof, or otherwise, Licensee shall remove said Crossing from Licensor's premises, and restore said premises to their prior condition of to a condition satisfactory to Licensor's Chief Engine-r, and if Licensee shall fail to remove said Crossing within thirty (30) days after the termination of this, agreement, Licensor may remove the same and restore said premises as herein provided as the agent and at the expense and risk of Licensee, and Licensee shall reimburse to Licensor all said expense, plus 'ten per cent (to%o) thereof as a charge for supervision, accounting and use of tools, within ten (to) days after demand therefor. 5. Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever such damage shall be caused, whether by the negligence of Licensor, its agents, servants, or employes, or otherwise. Licensee assumes the risk of, and shall protect, indemnity and save harmless Licensor from and against all liability for or on account of, injury to or death of persons or damage to property, including live stock killed or injured, resulting from or incident to the construction, maintenance, use, operation or existence of, said Crossing on Licensor's premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their priorbr other condition as herein provided, whether such injury, death or damage shall be caused or con!- ibuted to by the negligence of Licensor, its agents, servants or employes, or otherwise. Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may suffer or sustain because of any failure of Licensor's title to the right of way and lands occupied by said Crossing or any part !hereof. 6. This agreement shall bind and inure to the benefit of the parties hereto, their successors and assigns, or heirs, executors and administrators, but Licensee :hall not assign the same without the written consent of Licensor. This agreement shall take effect the date hereof, and unless terminated as above provided shall continue in force for one (t) year and thereafter until terminated by ene of the parties giving to the other not less than thirty (30) days' advance notice in writing of an intention to terminate the same, the agreement to terminate upon the expiration of such notice. In TESTIMONY WHEREOF, witness our hands, this the day and year first above written MISSOURI-KANSAS-TEXAS RAILROAD COMPANY (Licensor)) By A=SISTANT TD THE PRESIDENT CITY Or DENTON By~ Title Mayor=,, Address Municipal Building fie, T-18753 Denton, Texas 76201 CNA linsurance ❑ CONTINENTAL CASUALTY COMPANY TRANSPORTATION INSURANCE COMPANY ❑ NATIONAL FIRE INSURANCE COMPANY OF HAAtFORO ❑ TRANSCONTINENTAL INSURANCE COMPANY ❑ AMERICAN CASUALTY COMPANY Of READING, PA. ❑ VALLEY FORGE INSURANCE COMPANY Q NOTICE OF CANCELLATION OR NON-RENEWAL N>rta: J[1NE 18, 1975 a r STEM & STM CONSTRUCTION CO. P. o. Box 6254 FORT RORTS, TEXAS 76115 L Policy No.: CCP 167 44 25 PC &30 87 19 Issued to: SAME This is notice to you that. O The Policy described above is canceled as of 12:01 A.M. Standard Time e IBcmm 11 1974 (Date) The Policy described above is not being renewed at its expiration date of (Da'e) Cz Yertrtior re;_ested by: Cnrrpan: Irsu •ed (CWANY REQUEST-UNWWRITINd REASONS) The premium slated in said Policy is an estimated premium only and premium computation as provided for In the Policy will be made as soon as practicable. Any unearned premium nll be refunded at such time. If additional premium is due, you will receive a statement for the amount due. By- POISMITf~utl'orized Representative Copy to: Copy to: ` 1 I C PPY OF DEWOR nEff-CRf, TEms L J L J k) P , NO. 75-0 AN ORDINANCE AMENDING CHAPTER 4, ARTICLE III (DOG), SECTION 4-•41, "DOGS NOT PERMITTED AT LARGE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TSXP.S; PROVIDING A PENALTY; PROVIDING A SEVER- ABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: PART I. That Chapter 4, Article III (Dogs) Section 4-41, is hereby amended as follows: Section 4-41. DOGS NOT PERMITTED AT LARGE. It shall be unlawful for any dog owned, possessed, kept or harbored by any person to be at large on any street, sidewalk, alley or other public place or on private premises not under the control of such person within the limits of the City of Denton, Texas, except while such dog is under the immediate and physical control of the owner or custodian, such as by leash or chain adequate to control and hold it. Dogs going at large are declared to be a nuisance and dangerous to the public health and safety. PART II. Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed Two Hundred ($200.00) Dollars. Each day such a violation shall continue or be permitted, shall be treated as a separate offense. PART III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PART I V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED This the l t-/ day of A. D. 1975. c TOM-1). JES , YOR CITY OF DEN N, T S ATTEST: APOOKS HO LT, CITY SECRETAKWY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 2164P I& AUL H , CITY ATTORNEY CITY OF DENTON, TEXF.S . . ~ ~ ~ ~ ~~f . p a: T... . _ NO. 73-~5 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. 69-1, AND AS SAID MAP APPLIES TO LOT NOS. 25 THROUGH 35 AND LOTS 38 AND 39, CITY BLACK NO. 316, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 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 "SF-7" Single Family 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 "MF-1" Multi-Family District in the same manner as other vroperty located in the "MF-1" Multi-Family District; 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 Lot Nos. 25, 26, 27, 28, 29, 30, 31, 32, I 33, 34, 35, 38 and 39 of City Block No. 316 and being known as 910 Cleveland Street through 1022 Cleveland Streets and 515 Eagle Drive and 521 Eagle Drive, being further des- cribed as being 11 lots on the west side of Cleveland Street between Eagle Drive and Collins Street and also two lots that front the south side of Eagle Drive in the City of Denton, Texas. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a 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 17th day of A D. 1975. TO JES R ATTIs'S 7"r SECRETARY APPROVED ~AS T TO O LEGAL FORM: PAUL C. IS , CITY ATTORNLY ' it .9b FF r, t NO. 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. 69-1, AND AS SAID MAP APPLIES TO TATS 5 AND 6, CITY BLOCK NO. 423, AS SHOWN THIS DATE ON THE OFFICIAL TAX 14AP OF THE CITY OF DENTON, TEXAS, AND MORE PARTI- CULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTOy, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 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 "0" Office 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 "GR" General Retail District in the same manner as other property located in the "GR" General Retail District; All that certain lot, tract or parcel of land lying and be- ing situated in the City and County of Denton, State of Texas, and being Lot Nos 5 and 6, City Block 423, and be- ing further described as being two lots on the west side of North Elm Street, also known as 901 and 9,13 North Elm Street in the City of Denton, Texas. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a 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 17th day of June, A. D. 1975. . JEST , Y OR CITY OF DEN , TE S ATTE L , CITY SECRETARY TY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. ISHAHr CITY ATTORNEY CITY OF DENTON, TEXAS NONNI 4\7 G d ~+C. i~!L\~•h3. rr.,, .,Y E...; .(.R: '>`~V.n' ~.w.r~'>'..f '.ft fL 'tt.~l.. r J"Sh:J-,..7/'rf"Ad'..•~.:.+n i~ct r. J'.. 'a • 1 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 17TH DAY OF JUNE, A. D. 1975. R E S O L U T I O N WHEREAS, heretofore the City of Denton, Texas, acquired by purchase a certain tract of land described as a tract of land deeded from William B. King and Blizabeth H. King to the City of Denton as shown in Volume 731, Page 335 of the Deed Re- cords of Denton County, Texas, and dated December 20, 1974; and WHEREAS, said City of Denton, Texas acquired said land originally for the purpose of streets and right-of-ways in order to use a portion thereof to improve and widen East McKinney Street in the City of Denton, Texas; but the remainder of said land is not needed by the City of Denton, Texas, for public pur- poses; and WHEREAS, thereafter, the City of Denton, Texas has found it necessary and imperative to take a certain tract of land be- longing to Jackie T. Brown, Dale Brown and Kenny Hilger, located on East McKinney Street, and 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.B.B. 6 C.R.R. Company Survey, Abstract No. 185, and being part of a tract of land as conveyed from Vivia Whitlock to Humble Oil & Refining Company by deed dated May 2, 1947 and, recorded in Volume 3350 Page 394 of the Deed Records of,benton County, Texas, and more particularly described..as follows: BEGINNING at the southeast corner of said tract, said point also being the intersection of the west right-of-way line of North Elm Street and the present north right-of-way line of McKinney Street; THENCE west along the present north right-of-way line of McKinney Street, same being the south boundary line of said tract, a dis- tance of 95.0 feet to a point for a corner; THENCE north, a distance of 18.0 feet to a point for a corner; THENCE east, 18.0 feet north of and parallel with the south boun- dary line of said tract, same being the north right-of-way line of McKinney Street, a distance of 95.0 feet to a point for a cor- ner in the east boundary line of said tract, same being the west right-of-way of North Elm Street; THENCE south along the east boundary line of said tract, same be- ing the west right-of-way line of North Elm Street, a distance of 18.0 feet to the place of beginning and containing 1,710.0 square feet of land, more or less. f . WHEREAS, the City of Denton, Texas, acting by and through its Council has determined that it would be advantageous for said City of Dento,i, Texas to convey a portion of the tract herein des- cribed that was purchased from Mr. & Mrs. King to the said Jackie T. Brown, Dale Brown and Kenny Hilger by way of exchange for the land to be purchased from Jackie T. Brown, Dale Brown and Kenny Hilger as next hereinabove described= and WHEREAS, the City of Denton, Texas has obtained an appraisal of that portion of the land proposed to be conveyed to the said Jackie T. Brown, Dale Brown and Kenny Hilger, said appraisal hav- ing been made by Jerry L. Gage, competent appraiser residing in the City and County of Denton, State of Texas, who is wholly dis- interested in said matter, and said appraiser has appraised the market value of said land to be the sum of Five Thousand Dollars ($5,000.00); and WHEREAS, the said appraiser has determined the fair market value of the damages to the property owned by Jackie T. Brown, Dale Brown, and Kenny Hilger for the portion of said tract to be taken by the City of Denton for street right-of-way purposes to be the sum of Eight Thousand Seven Hundred and Ninety Dollars ($8,790.00); and WHEREAS, the City of Denton, Texas and Jackie T. Brown, Dale Brown and Kenny Hilger have agreed to exchange the property and for the City of Denton, Texas, to pay the additional sum of Three Thousand Five Hundred Dollars ($3,500.00) to Jackie T. Brown, Dale Brown and Kenny Hilger for the value of the land to be taken by the City of Denton from the said Jackie T. Brown, Dale Brown and Kenny Hilger. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The Mayor of the City of Denton, Texas be authorized and directed to execute, acknowledge and deliver to Jackie T. Brown, Dale Brown and Kenny Hilger, a special Warranty Deed attested by the City Secretary of the City of Denton, Texas, conveying to the said Jackie T. Brown, Dale Brown and Kenny Hilger the following described property: 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. & C.R.R. Company Survey, Abstract No. 185, and being part of a tract of land as conveyed from William B. King and wife, Elizabeth H. King to the City of Denton, Texas, by deed dated December 20, 1974 and recorded in Volume 731, Page 335 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the west boundary line of said tract, said point being 25.0 feet north of the southwest corner of said tract and 120.0 feet west of the west right-of-way line of North Elm Street; THENCE north, along the west boundary line of said tract, a dis- tance of 75.0 feet to a point for a corner, same being the northwest corner of said tract; THENCE east, along the north boundary line of said tract, a distance of 25.0 feet to a point for a corner, same being the northeast cor- ner of said tract; THENCE south, along the east boundary line of said tract, a distance of 75.0 feet to a point for a corner; THENCE west, 25.0 feet north of and parallel with the south boundary line of said tract, same being the present north right-of-way line of McKinney Street, a distance of 25.0 feet to the place of beginn- ing and containing 1,875,0 square feet of land, more or less. The consideration for the execution, aknowledgement and de- livery of said Deed is exchange of property as partial consideration to Jackie T. Brown, Dale Brown and Kenny Hilger for land acquired for street right-of-way, and the City of Denton, Texas will pay the addi- tional sum of Three Thousand Five Hundred Dollars ($3,500.00) in cash so that the exchange of property and the additional cash will amount to the total consideration for the property to be taken from Jackie T. Brown, Dale Brown and Kenny Hilger. PASSED AND APPROVED this the 17th day of June, A. D. 1975. C----~ ;i~~ in- ~o . T . JES R. F+WWR CITY OF DEN'/j, TEXA ATTEST: H LT, CITY SECRETARY CITY OF DENTON? TEXAS APPROVED AS TO LEGAL FORM., AZJL ISH ,CITY ATTORNEY CITY OF DENTONI TEXAS I+ ~ i }yam ~ ~ 1 ~ A V V -44 r . I • 1 M NO. AN ORDINANCE REMOVING PARKING ON THE WEST SIDE OF STUART ROAD BETWEEN HERCULES LANE AND DRIFTWOOD TRAIL; PROVIDING A PENALTY; AN DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the West side of Stuart Road between Hercules Lane and Driftwood Trail shall not be used for the parking of vehicles or in any manner obstructed and the same shall be posted "No Parking Anytime" by the proper authorities of the City of Denton, Texas. SECTION II. That Section 1-5 of the Cede of the City of Denton is incor- porated into the Ordinance as if set out in full herein, and the penalty by fine not to exceed Two Hundred ($200.00) Dollars is applicable hereto, and it is hereby declared unlawful to park any vehicle on said portion of Stuart as is posted or marked as a "No Parking Anytime Zone". SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTIO.'t IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED This the 17th day of June, A. D. 1975. T D. JESTER, CITY OF DE1430 , TE ATTE&T: BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: P UL C. IS AM, CITY ATTORNEY CITY OF DENTON, TEXAS SC"irc. rt v r 3 ~ "f M Return Receipt Requested TheTrini Companies P. O. Box 5028 - Dallas, Texas 75222 June 10, 1975 City Clerk City of Denton Denton, Texas Bond No. 166911 - Leroy ldchalski, Electrical Contractor in favor of City of Denton, Texas for Electrician Dear Sir : This is to notify you that we have elected to terminate this bond as of July 109 1975. Thank ~Jyou. Velma Cozart rldelity & Surety Dept, VC/1s cc: Texas Insurers , 1216 Pennsylvania Ft, Worth, Texas 761Ci4 Trinity Universal Insurance Co.■ Security !National Insurance Co.■ Trinity Universal Insurance Co.of Kansas, Inc. k~ ~1 . w FARMERS BRANCH PEST CONTROL SERVICE PROTECT YOUR INVESTMENT ---TERMITE INSPECTION 13201 NESTLE AT VALLEY VIEW DALLAS, TEXAS 75234 247-3991 ® a Jrnc 11, 175 Br.ool.s Ilolt Cit- o--- Dcnton City t:ccrctarv I:u,nicipal Building, Denton, Tc:;as 7G201 I:r. IIo1t: Fnclosed is the Certi_`icate of Insurance for ,,pril 13, 1S75 to nnril 13, 11,76. '.CA nk Pou, i1r oo I:nic*h` ET NA NAME THE CONTINENTAL INSURANCE OOMPANY COMPANY. Or • (Ntr.w LtEt.1 IM an,P.tyl - - CERTIFICATE OF INSURANCE The company aereby states that it has issued to the In- sured named herein a policy or policies of insurance providing the types of insurance and limits of liability NAMED INSURED AND ADDRESS set forth herein. This certificate o7 insurance neither f- affirmatively nor negatively amends, extends or alters the coverage afforded by the policies scheduled here- Farmers Branch Pest Control Service in. It is Furnished as a matter of information only, confers 13 201 Nestle at Valley View no rights upon the holder and is issued with the under- Dallas, Texas standing that the rights and liabilities of the parties will be governed by the original policy or policies as they may be lowiully amended by endorsement from time L J to time. TYPE OF I145L)RANCE POLICY EFFECTIYI FKPIKAIJON JMn5 OF UAIWTY DnIK -to by "11" L Ie.i NV MBE! DATE DATE ROOAY i11URY DAINTY F!C►ERTY DAMAGE UAIWIFY Q Co•preM nJw AvroneS i. 4abiley I oe f Krn p.n rmn Q f Kti'nenle -Q C"PF.4.Av GQW.t U.bi47 Q 0...h evvi and Co oori LI.b1., Renewal of 33001000 ~~~~r•^~• + 509000 «c:^•nr• ❑ o.n.d,L.Ll; end ❑oblty 6582503 4/13/75 4/13/76 Te. r+t b7Et e Cma(ochnl tiob6dy f aggr.q ol. { Goor" ,e 1009000 n 1 e h K(VM•M. RROAO FORM EKCSIS LiARiLETY 1 oggrtq.Io pr.dvchtompre,ed operotionR Sub`'ec1 to mH4,. r.d reFined limit end .nd.rtyinq Ftur. Ke 4w,ibed In pcrKT. Co"r.ge Pwded k, o((nrdo- ss rith do Work..., CoTpeattioo ter of tM Shin Ip.ur.d to .16061io. (ot beto...d she Ottrpeton.l Dr.,. t.., it ay, N (.(k RMe,, WORKMEN'S w", at,err n. YM.d i. wWN,kion (bi b.la.. COMPENSATION I.I UI EMPLOYERS, uA111UTT COVIIAGE 1-EMhOYIES SUBJECT TO COMPENSATION LAW fEJideu eMa(r6t eold, the poky 3 I.I., wo ysel{e6rnd ;o 00*0fo. rq o. we PM "me 41. COVEIAOE I-EMPEOYESI NOT SVl7EC1 TO COMPMATEON LAW M tlq,t dare etir t"peu.rioo'I~G.ttl NPAY ST ACCIDENT *WIY IT OtSEASE e 11 tOtR i •Tp4ret 3 wEMrtt f 60<11 .nF s MIteW,. Iced eet.l MEDICAL 1 oc - two"" REMARKS - STATE OF TEXAS AND ELSEWHERE j CHANGE EXTERMINATING INCLUDING NG COHPL NOTICE WILL BE HAILED TO THE PARTY TO WHOM THIS CERTIFICATE I5 ADDRESSED This certiricate is issued at the request of the person or organization named below and the company will mail to su h person or organization, of the address shown, notice of cancellation and, where possible, notice of any material change in any of the described pokief, F_ Brooks Holt City of Denton Date City Secretary Municipal Building By L Denton, Texas 76201 J A.ebxft.d neN.X.t CERTIFICATE OF INSURANCE ~ t SIM ~k fY f (1 \ ~f \1 o« The Continental Insurance Companies Uj 7. NERAL OFFICES GE 80 Maiden Lane, New York, New York 10038 DEPARTMENTAL OFFICES Buckeye Departmen! . . . . . . . . . . . 11 I I East Brood Street, Columbus, Ohio 43216 Eastern Department , • • • • . • • • • , . 80 Moiden Lane, New York, No& York 10038 Foreign Department . . . . . . . , , • , . 80 Maiden Lane, New York, New York 10038 Northeastern Deportment . . . . . . . . . . 333 Glen Street, Glens Fails, New York 12801 Pacific Department . . . . . . . . . . . . 100 Pine Street, Son Francisco, California 94111 Southeastern Department . . . . . . . . . . 161 Peachtree Street, N.E., Atlanta, Georgia 30303 Southwestern Department . . . . . . . . . 1810 Commerce Street, Dallas, Texas 75201 Western Department . . . . . . . . . . . 360 West Jackson Boulevard, Chicago, Illinois 60606 Branch and Field Offices in all Principal Cities 229 West Rck(xy Box 518 Denton Texas 76201 817 387 6148 U-VFE TITLE Company of Denton June 3, 1975 Mr. Jim Whites City Manager Municipal Building Denton,, Texas Re: City property purchase from St. Andrea Presbyterian Church. Dear Sir: We are enclosing Owner's Title Policy No. 970692 Which covers the above property purchase. If we can be of further service to you in the future, please call us. Thanking you we remain, Very truly yours, USLIFE TITLE CO. OF DENTON B^tisAkers : 0 I OA/bp encls W1,111FE TITLE INSURANCE COMPANYof Dallas Owner Policy of Title Insurance USLIFE TITLE INSURANCE COMPANY of Dallas, DALLAS, TEXAS, a Texas Corporation, HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein narred Insured, the heirs, devisees, executors and administrators of the Insured, or if a cor- poration, its 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 land described or referred to in this policy. The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its 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 part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall not be required to defend against any claims based upon matters in any manner excepted under this policy by the exceptions in Schedule 8 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, and authority to defend. The Company shall not be liable until such adverse interest, claim, or right shall have been held valid by a court of last resort to which either litigant may apply, and if such adverse interest, claim, or right so established shall be for less than the whole of the estate or interest in the land, then the liaNtity of the Company shall be only such part of the whole liability limited above as shall bear the same ratio to the whole liability that the a hjerse interest, claim, or right established may bear to the whole estate or interest in the land, such rata to be based on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved from all iiability with respect to any such inter- est, claim or right; provided, however, that failure to notify shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shall be actually prejudiced by such failure. Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy and the insured, the heirs, devisees, executors and administrators of the Insured, or if a corporation,;ts successors by dissolution, merger or consolidation, shall for a period of twenty-five years from date hereof remain fully protected according to the terms hereof, by reason of the payment of any loss he, they or it may sustain on account of any yJa*ricc ooyA warranty of title contained in the transfer or conveyance executed by the Insured conveying r; s the estate or interest in the land. The Company shall be liable under said warranty only by s reason of defects, liens or encumbrances existing prior to or at the date hereof and not B L:0 excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability r ; r s; not to exceed the amount of this policy. ;cx~,sr IN WITNESS HEREOF, the USLIFE TITLE INSURANCE COMPANY of Dallas has caused this policy to be executed by its President under the seal of the Company, but this policy is to be varid only when it bears an authorized countersignature, as of the date set forth in Schedule A. ire deaf - A7tnf. Senior VK a PY,,"en t Seuebry en d rieet ure, U Autherired Synetwe FORM m 1 504! 17M Fom>ertyDALLAS TITLE AND GUARANTY COMPANY Conditions and Stipulations 1. Definitions The fnl!owing terms when used in this policy mean: (a) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law constitute real properly. (b) "public records": Those records which impart construct've notice of matters relating to the land. (c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of any public records. (dj "date": The effective date, including hour if specified. 2. Exclus ons from the Coverage of this Policy This policy does not insure against loss or damage by reason of the followirg: (a) The refusal of any person to purchase, lease or lend money on the land. (b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec- ords at the date hereof; and the consequences of any law, ordnance or governmental regulation including, but not limited building and zoning ordinances. (c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governments or other entities to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or to any land extend ng from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or bulkhead lines as estab._''ed or changed by any government, or to filled in lands, or artif vial 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 same (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or agreed to by the Ensured at the date of this policy, or (2) known to the Insured at the date of this policy unless disclosure thereof in writing by the Insured shall have been made to the Company prior to the date 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 all appeals therein, and permit it to use, at its option, the name of the Insured for such rurpose, Whenever requested by the Company, the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or proceeding. (b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or pro- ceeding, and such counsel shall have full control of said defense. (c) Any action taken by the Company for the defense of the Insured or to establish the title as insured, or both, shall not be con- strued as an admission )f liability, and the Company shall not thereby be held to concede liability or waive any provision of this por". 4, Payment of loss (a) No claim shall arise or be maintainable 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, exc_pt payments made for costs, attorney fees and expenses, shall reduce the amount of the insurance pro tanto; and the amount of this policy shall be reduced by any amount the Company may pay under any policy 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 Company shall have the option to pay or settle or compromise for or in the name of the Insured arty claim insured 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 all liability of the Company hereunder as to such claim. Further, the payment or tender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this "icy. (d) Wherever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be subrogated 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 transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured i^ any transaction or litigation involving such rights or remedies. 5. Policy Entire Contract Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of the We 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 at Dallas, Dallas County, Texas. g, This policy is not transferable. W COZ~~A7f~nDD-1-i C,~Q-A Q n m ME MOmO 0 y• C W OS 1X X ~ O r' =r T N ~ 0~ F 4 T =r 0 7*; pi 7 O ~ " OO ~H (D CD fD J o < F3 ^ ? UI Ej.(e m .a 7 7 s m r > 9 y O ~ N. 7 m C1 61 m t7n .N-r L. O O n O m VJ 7C V m x _ m O m H 1 tn I"~ b m 6 g O ° 0 7 Cp O d gym' Ch 0 FL N ~2 ? N o' O aN aN y'a Y1 ] e v n a m a R m o'. N ] N ] C'1 r V, Vn)-0a~ m 4 vo'~~v< R+^ u a~ 0~ u_ 3 a M n 0 a L~ n n G]< n ti C~ g 2 m e m o o o S m J o R ~ ~ e S v ~ r 3 Z ` C D ~ T c 3 ~ D z Z O n i ' SCHEDULE A cr~r~ GF No. or File No.: 15472 by Owner Policy No.: O 970692 Amounl: $3,780.00 Date of Policy: June 2, 1975 Name of Insured: CITY OF DENTON, TEXAS, a Municipal Corporation 1. The estate or interest in the land insured by this policy is: Fee Simple (fee simple, leasehold, easement, etc. - identify or describe) 2. The land referred to in this policy is described as follows: The North Eight (8) feet of the below described tracts of land being 81 x 210'. FIRST TRACT - All that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, being out of the William Neill Survey, Abstract No. 971, described as follows: BEGINNING at the Northwest corner of a lot of land formerly owned by the Cumberland Presbyterian Church of Denton, Texas, which said lot is situated on the nest side of Bolivar Street, in said City of Denton; THENCE South 100 feet; THENCE East 75 feet; THENCE North 100 feet; THENCE Nest 75 feet with the South line of Pearl Street to the place of beginning, and being the same lot described in Deed of record in Volume 310, Page 510, Deed Records, Denton County, Texas. SECOND TRACT - All that certain lot, tract or parcel of land situated in the City County of Denton, State of Texas, being a lot 150 X 135 X 100 X 35 X 50 X 100 feet out of Lot No. 12 of a subdivision of the William Neill Survey, Abstract No. 971, and described by metes and bounds as follows: BEGINNING at the South corner of Lot No. 12 of said subdivision according to plat thereof, duly recorded in the County Clerk's Office of Denton County, Texas, same being the West boundary line of Bolivar Street in said City of Denton, Texas; THENCE North with the Weat boundary line of Bolivar Street 150 feet to the intersection of the West boundary line of Bolivar Street with the South boundary line of Pearl Street; THENCE West with the South boundary line of Pearl Street, 135 feet to the Northeast corner of a lot sold by the Cumberland Presbyterian Church to J, Wil Caruthers by deed dated October 2, 1902, of record in Volume 83, Page 520, Deed Records of Denton County, Texas, THENCE South with the East boundary line of said Caruthers tract 100 feet for corner; owdon (CONTINUED) Form 1 Zn d A KY *71R AAched to and made a part of USLIFE TITLE INSURANCE COMPANY of Dallas Policy or Binder No. 0-0060 / THENCE East 35 feet to corner; THENCE South 50 feet to the South boundary lire of said Lot No. 12; THENCE East 100 feet to the place of beginning; Being the second and third tracts described in Deed of Trust dated January 15, 1460, executed by St. Andrew Presbyterian Church of United Presbyterian Church U. S. A., Denton, Texas to R. X. Bass, Trustee for First Stato Bank of Denton, Denton, Texas, of record in Volume 2060 Page 233, Deed of Trust Records of Denton County, Texas. r r ~ r SCHEDULE B . Owner Policy No.: 970692 This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in- sured, 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 ..ncroachments, or any overlapping of im- p rove men i s. i 3. Taxes for the year 19_7-5_ and subsequent years., not yet due and payable. 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): None. 5. Any portion of the captioned property falling within the boundaries of any road, street or highway. 6. Visible and apparent easements on or across the property* lore 1 WCA 1 MM r3X