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HomeMy WebLinkAbout09-1971 r ~~P~~~IB~R ~'I RDlWAL BLIP MMAL SLIP Received of the City Secretary of the Received of the City Secretary of the City of Dentoup Texasp the following City of Denton, Texas, the following described instrument or document from described instvw*at or document free the files of the City of Denton: the Mies of the City of Denton: 111 " yF r s " iilD~t p ~ (oaf S TIM - ~1a CAA- The uoderoigned hereby assumes cowlete responsibility for the cafekeepirg Lie u-Ao rai®tied her bjr assumar oosplete and return of the paper received. responsibility far the r:.?ckeeping I and retiva of the paper r4seivad. j BION03 . i CURTIS )JRANCF r. WESTERN SURETY COMPANY CHICAGO SIOUX FALLS • DALLAS , ;nr PALO ALTO • BALA.CYNWYD. PA. CONTINUATION CERTIFICATE In consideration of the sum ot-en--li4/14n -•••-••--•--•--•IS 1Q[00 1 Dollars, the Western Surety Company hereby continues in force Bond No. 1263134 in the sum of -one_lhousand _aad_no/i40_•- -•-•------------($1[000.00-) Dollars• on behalf of-_DaYL"ulkey - of DEntons- T.exas - as Sidewalk..Contractor in favor of etky °fJ)enton, sexa for the term beginning on the--.-_29e1+ day of embPe . 1931. and ending on the -_-29th day of -December- • 19-U subject to all the covenants and conditions of said Bond heretofore issued. This continuation is issued upon the express condition that the liability of the Western Surety Company under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed the total sum above written. Dated this l9th day of -September . 1911-- WESTERN SURJ,/IrY COMPANY By E~- k J. 0. LeFLOR - tcR t{ Attorney in Fact THIS "Continuation Certificate" MUST BE FILED ITH THE ABOVE BOND b UNITED STATES FIDELITY AND GUARANTY COMPANY IMPORTANT BALTIMORE MARYLAND C I- - 7NI! C[A TI/Kurt NWT t[ WILCO I eONO AMOUNT t500 -no wlrN TFt oauatt NAY[O [caow ►all ATrACNNINT To .o„t toND. CONTINUATION CERTIFICATE In eoosWoration of as agreed premium United States ridatiq And Guaranty Company hereby cominues in force, for the period described the Bond designated bekw. subject to aB the agreements, bmibhous and conditions thereof end prorided that the tisS&ly under said Bond and aB continuations thereof s%an not be cumWar&w. Signed swfed and dated September 221g_L2. UNITED STATE DEUT D GUA T ANY Orval B. Cohorn p HO IFFAC-KNUTOORK01 BOND NUMBER 67728-13-2350- OLAN HILLS INC. P.O. Box 6 54 AGENT Dallas, TX NAY[ AND ADORCSS Weatherford, Stith, Thomas D"4 "AND. f Dallas, TX City of Denton, TX PREMIUM PERIOD sooty To Photographer's License Bon - - 1 1.12/_71= __112!_7.3 - n la asfl - T► ~t - '~v+ •'_.11..i i. v y. .f. 9:2 Q, '.s p;~~s al\ iE .L.... JL~'s_.....:uu....au_.Id.. .\.4iS. A.:R...1 «Y.. ..V .LSW,r.IW • r f.Ni k \s t Q[ 1r { c r-~ F' CURTIS • F?NSURANCE V U. OJA 6 UNION', K"s ti 3 s, CITY OF DEWtV-4 f FROM: DEPT: DATES: _ _ FOR YOUR REHIEw v PLEASE TAKE APPROPRIATE ACTION FOR YOUR INFORMATION PLEASE PREPARE DRAFT OF REPLY FOR COMMENT AND RECOmMENDATIOH PLEASE REPLY ON MY BEHALF PLEASE DISCUSS WITH ME ( -PLEASE RETURN REMARKS : O (~h+ (~1 a ~ - ~D.,-,gyp ~J AQ a7-ca S" 'e 40-&,u ct.0 A4 A&nOf.Z .11mi STA`m or, rrrl rm, KNOW ALI, MEN IIY THESE PRESEN9s: _ COUNTY OF DENTON 'nat THE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORATION 14 of the County of DENTON State of TEXAS ,for and in consideration of the sum of------------------------------ -----------------TEN AND NO1100 (S10.00)------------------------ DOLLARS, to IT in hand paid by DENTON FEDERAL SAVINGS C LOAN ASSOCIATION have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said DENTON FEDERAL SAVINGS b LOAN ASSOCIATION of the County of DENTON , State of TEXAS all that certain LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE CITY AND COUNT OF DENTON, STATE OF TEXAS, BEING A PART OF THE R. BEAUMONT SURVEY, ABSTRACT NO. 31 AND BEING A PART OF A TRACT OF LAND CONVEYED BY H. M. PITNER, ET AL TO THE CITY OF DENTON, TEXAS BY DEED DATED APRIL 11, 1970 AND RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DES- CRIBED AS FOLLOWS: BEGINN114G AT THE SOUTHEAST CORNER OF SAID TRACT, SAID POINT OF BEGINNING LYING IN THE NORTH RIGHT OF WAY LINE OF SUNSET STREET, 110.0 FEET EAST OF THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF SUNSE :STREET AND THE EAST RIGHT OF WAY LINE OF CARROLL STREET; THENCE WEST, ALON THE SOUTH BOUNDARY LINE OF SAID TRACT, SAME BEING THE NORTH RIGHT OF WAY LINE OF SUNSET STREET, A DISTANCE OF 110.0 FEET TO A POINT FOR A CORNER, SAID POINT ALSO BEING THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF SUNSET STREET AND THE EAST RIGHT OF WAY LINE OF CARROLL STREET; THENCE NORTH ALON THE EAST RIGHT OF WAY LINE OF CARROLL STREET A DISTANCE OF 220.0 FEET TO A POINT FOR A CORNER; THENCE EAST ALONG THE NORTH BOUNDARY LINE OF SAID TRAC A DISTANCE OF 110.0 FEET TO A POINT FOR A CORNER, SANE BEING THE NORTHEAST CORNER OF SAID TRACT; QTHENCE SOUTH ALONG THE EAST BOUNDARY LINE OF SAID T AZO TOS AVE~AA'DETO HOLD & above esccnhb ed. p em ses, together.with all and singuL the rights and appurtenances thereto in anywise belonging unto the said DENTON FEDERAL SAVINGS F* LOAN ASSOCIATION,. ITS SUCCESSORS I 7ail6s and assigns forever; and IT d(f$ereby bind ITSELF, ITS SUCCESSOR ` UNK executors and administrators, to Warrant and Forever Defend all and singular the aadd premises unto the said DENTON FEDERAL SAVINGS t LOAN ASSOCIATION, ITS SUCCESSORS ` I<and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part therco[. . Witness OUR hand at DENTON, TEXAS this day of SEPTEFtBER , A. D.1971 Witnesses at Request of Grantor: CITY.OF DENTON, TEXAS ATTEST: BY: ;rCE)CANDER-I~T:'FTNL'A1r~R BROOKS-"OtIp CtTY-SECRETARY - SINGI.I•: ACKN011'IXMIENT ` THE STATE (OF TEXAS, ~ UFFORF. b1E, the undcrsi,+,ned aul~ty, COUNTY OF PENTON_ in and (.wsaid County. T.•xas. on thisday pea:<.n:ally appeared ALEXANDER M. FINLAY.. JR..rMAYOR OF..THE CITY OF_OENTON'r..TEXAS AND SIGNING AS AN OFFICIAL ACT OF THE CITY COUNCIL known to me to be the person r:ho a name Is suheetihed to the foregotn,- instrument, and acknowledged to me that he execute:i tF, same for the purpo>es and consideration therein expressed. i AND CAPACITY STATED. GIVEN UNDFB JIY HAND AND S1:?1, OF OFFICE0This day of _ ..SEPTEMBER A.D. 19.71... Notary Public,.. DENTON._.......... County, Texas .tly Crmriission Fxpires June 1, 19 _.13. JOINT ACKNOWIX.DGMENT THE STATE O TEXAS, BEFORE ME. the undersigned auUm ity, COUNTY OF in and for said County. Texas, on thin day personally appeared _ and his wife, bekth known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they each exec.iled the same for the purposes and considleration therein expressed, and the said wife of the said having been examined by me privily and apart from her husband, and having the same fully, explained to her, she, the said . acknowledged such instrument to be her act and deed and she declared that she had willingly signed the came for the purposes and consideration therein expretul, and that she did not wish to retract it. GIVEN UNDER '.%1Y HAND AND SEAL OF OFFICE., This day of , A.D. 19 - (L S) Notary Public County, Texas My Commission Expires June 1, WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority. _ _ j COUNTY OF. in and for said County, Texas, on this day personally appeared . wife of..... ..e .to be the pcr_wn whose name is sub;cribed to the foregoing iasttvment, and having been examined by me privily kno w- a to. m and apart from her husband, and having the sam • fully explained to her, she, the said . _ned the . acknowledged rude Instrument to be her act s.n•1 deed. and -decl - same ter the purposes and consideration therein expressed, and that she did ared that she had willingly signed she not wish to retract it A.D. 19 GIVEN UNDER MY HAND AND SEAL OF OFFICE,This . day of......._._._.___.......... , ( S.) Notary Public ...Count;, Texas My Commission Expires June 1. 19.._.._.-. CLrRK'S CERTIFICATE THE STATE OF TEXASs County COUNTY OF. _ Clerk of the County Court of said County, do heu-by certify that the foregoing instrument of writing dated on the day of . , A. D. 119. . with its Certificate of Authentication, was filed for record In my office on the _ day of . , A. D. 12. at...... dcloek..._._...M. and duty recorded this day of. . . . A. D. 19 , at edock. . M., in the Records of said County. in Volume...... . _ , on pages_ - WITNESS MY HAND AND SEAL OFTHE COUNTY COURT of said County, at office in _ J_._._ _ the day and year last above written. _ County Clerk County, Texas. Deputy. 5 tal ° e $ pp ° A w 4- tll W. N? j e W - r€ i V1 cS c4 Q< zi E 3 ! o v i a 9 i 1-} a W I to Z.: Ad l0. JE p O i i g OyOyr ~e is C W to i t F gg e~~"' Y. Wj r •s F i lL 1 i i 10 ppq V 2 STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X 13581 That C. F. Pofahl, of the County of Denton, Texas, in conside- ration of the sum of Ten and No/100 ($10.00) Dollars and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, up- on and across the following described property, owned by him situated in Denton County and more particularly described as follows: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, being a part of the J. Brock Survey, Abstract No. 55 and being a part of a tract of land, described as "2nd Tract" conveyed by Pauline Berry Mack to C. F. Pofahl by Deed dated May 6, 1971, and recorded in Volume 621, Page 126 of the Deed Records of Denton County, Texas, and being Two Tracts more parti- cularly described as follows: BEGINNING at a point in the south boundary line of said Pofahl Tract, same being the north right of way line of East McKinney Street, said point of beginning being 97.4 feet south 890 05' east of the inter- section of the north right of way line of East McKinney Street and the east r.'ght of way line of Audra Drive; THENCE north l0 01' 24" west a distance of 471.94 feet to a point for a corner in the west boundary line of said Pofahl Tract, same being the east right of way line of Audra Drive; THENCE north 170 00' east along the west boundary line of said Pofahl Tract, same being the east right of way line of Audra Drive, a distance of 64.64 feet to a point for a corner; THENCE south l0 01' 24" east a distance of 534.12 feet to a point for a corner in the south boundary line of said Pofahl Tract, same being the north right of way line of East McKinney Street; THENCE north 880 51' west along the south boundary line of said Pofahl Tract, same being the north right of way line of East McKinney Street, a distance of :0.01 feet to an angle point; THENCE north 890 05' west continuing along this south boundary line of said Pofahl Tract, some being the north right of way line of East McKinney Street, a distance of 10.00 feet to the place of beginning, and containing "A... . ` 10,660 square feet of land, more or less. 2ND TRACT BEGINNING at a point in the west boundary line of said Pofahl Tract, same being the east right of way line of Audra Drive, said point of beginning being 42.31 feet north 00 42' 30" west of the intersection of the east right of way line of Audra Drive and the north right of way line of East McKinney Street; THENCE north 00 42' 30" west, along the west boundary line of said Pofahl Tract, same being the east right of way line of Audra Drive, a distance of 11.09 feet to the beginning of a curve to the right, said curve having curve date of A =10 22' 12", R=764.0', T=9.137', L=18.265'; THENCE northeasterly along said curve to the right, a distance of 18.265 feet to a point for a corner; THENCE north 300 40' 30" east a distance of 65.69 feet to a point for a corner; THENCE north 210 20' 30" east a distance of 57.36 feet to a point for a corner; THENCE North 110 14' east a distance of 92.09 feet to a point for a corner; THENCE north 00 37' 48" east a distance of 146.02 feet to a point for a corner in the west Oundary line of said Pofahl Tract, same being the east right of way line of Audra Drive; THENCE north 170 00' east along the west boundary line of said Pofahl Tract same being the east right of way line of Audra Drive, a distance of 53.21 feet to a point for a corner; THENCE south 00 37' 43" west a distance of 198.48 feet to a point for a corner; THENCE south 110 14' west a distance of 94.74 feet to a point for a corner; THENCE south 210 20' 30" west a distance of 59.84 feet to a point for a corner; THENCE south 300 40' 30" west a distance of 91.51 feet to the place of beginning and containing 6,042.90 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas, in consideration of the benefits above set out, will remove from the pro- perty above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of construct- ing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, work- men and representatives having ingress, egress and regress in, along, upon and across said pret:.ises for the purpose of raking additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the safd City of Denton, Texas, as aforesaid for the purposes aforesaid the premises above described. WITNESS his hand this the~%day of September, A.D. 1971. 0 1A Co F. Pof THE STATE OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared C.Q. Pofahl known to me to be the person whose name is subscribed to the foregoing insturment, and ackm1wedged to me that he executed the same for the purposes and con- sideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this theolUday of S ~P i► .!6,D. 19710 ? L ~G'~•.. NOTARY BLIC IN AND FOR DENTON COUNTY, TEXAS W RuTOIT 7 ~q zzi~ w f~ _ X CERIIFY.L'E OF far'^ l ...C .d T•raS •1 Gcr•rn 1 4 Ima Parker. ws,% of the Ca'..-.v C.•.•11 in ~rrd for sad County two., r -.i: y crrify Wt esoln/ Mntru of ow, with ib ! ovtheMicetfon ~ - ;t. dad Der cad the dday AO. 1 e 6; led r rC ay Cl _...__-A.Q. st V -*Uwe Pa" _ ffecords of Denton, Taa. Wlbff" my hand end e f onk t owdoM1 Teas. On day and year test obwe lathers. THETA PARKER / perk of the Canny Court DeMon Ce„ Taea a ~ r NO. AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON# TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1971, AND ENDING ON SEPTEMBER 30, 1972; REVISING THE BUDGET FOR THE PRECEDING FISCAL YEAR ENDING ON SEPTEMBER 30, 1971; LEVYING TAXES FOR THE YEAR 1971 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIM'TS OF THd CITY OF DENTON# TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, notice of a public hearing on the budget for the City of Denton, Texas, for the fiscal year 1971-1972 was heretofore pub- lished at least 15 days in advance of said hearing; and WHEREAS, a public hearing on the s<.id budget was duly held en the 20th day of September, 1971, and all interested persons were given an opportunity to be heard for or against any item thereof; now therefore THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the budget for the City of Denton, Texas, for the fiscal year beginning October 1, 1971, and ending on September 30, 1972, in words and figures as shown therein is finally approved and adopt- ed. SECTION II. That the budget for the City of Denton, Texas, for the fiscal year beginning on October 1, 1970, and ending on September 30, 1971, as shown therein in words and figures, is hereby revised and amended to show the words and figures indicated as "REVISED 1970-71" it the budget for the fiscal year beginning on October 1, 1971 and ending on September 30, 1972. SECTION III. That there shall be, and there is hereby levied, the following taxes on each one hundred dollar ($104.00) valuation on all taxable property within the City of Denton, Texas, to be assessed and col- lected by the Tax Assessor and Collector for the year 1971 and said taxes are to be assessed and collected for the purposes stipulated as follows, to-wit: (a) For the General Fund Allocation on the $100.00 valuation... 00285 (b) For the Interest and Redemption Funds on out- standing bonded indebtedness on the $100.00 valuation .8715 Total Allocation of Levy........41.70 The above allocation of the lety is made to insure that deposits in the Interest and Redemption Funds of taxes collected during the year ending September 30, 1972, will total $701.408.OC but is not intended to exceed that amount. SECTION IV. That the City Manager shall cause copies of the budget to be filed with the City Secretary, the County Clerk of Denton County and th4 State Comptroller of Public Accounts. • i SECTION V. That this ordinance shall be effective immediately upon its passage. PASSED and APPROVED this the 4~52dday of September, A. D. 1971. cs~ IC7~K.. 04 DER M. IN Y MAYOR CITY OF DENTON, TE XhS AATTESTf S MOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: d,/ /j- 6ft- Q. BARTONs. CITY ATTORNEY TY OF DENTON, TEXAS I i wl~ Ali it + j. l L 1..1 ! ~ <a: l4. v' yV T A . '1'~ > as St., s pRl t i *CTy 4"- J F 4 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 LOT 10 OF THE REPLATTED PORTION OF THE T. N. SKILES SUBDIVISION AN ADDITION TO THE CITY OF DENTON, TEXAS, AS SHOWN THIS DATE ON THE OFFI- CIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DES- CRIBED 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 January 14, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of ordinance 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 pro- visions of ordinance No. 69--1, adopted the 14th day of January, 1969s as amended, shall hereafter apply to said property as "P" Parking District in the same manner as other property located in the "P" Parking 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 10 of the replatted portion of the T. N. Skiles Sub- division an addition to the City of Denton, Texas, and being further described as being located at the northeast corner of Carroll and Westway. 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 pur- pose 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 er particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maxi- mum benefit to the City of Denton and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED and APPROVED this the 28th day of September, A. D. 1971. ,IA" JONVI/5~0'I ALEXANDER M. Y ' IA , J , OR CITY OF DENTON$ TEXAS ATTEST: BR MOLT, CITY SECRETARY CI OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: /77 - U L, X " a J Q. BAR,-CITY ATTORNEY C Y OF DMON, TEXAS t s ~ I ~ • .i'1 i rt • g e. ' : r _ ♦ ' i . f t _ T i...f/~ ...ter ~i •I tr, f i ~ ~t~ i~ ~j' C.. ' NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTONo TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTONo TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO LOTS 6, 7, & 8, BLOCK C OF THE SPRING VALLEY ADDITION TO THE CITY OF DENTON* TEXAS, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTONo TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLAR- ING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON* TEXAS, HEREBY ORDAINS: SECTION I. T at the Zoning Map of the City of Denton, Texas, adopted January 14, 19:9, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of ordinance 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 pro- visions of ordinance No. 69-1, adopted the 14th day of January, 19690 as amended, shall hereafter apply to said property as "O" Office District in the same manner as other property located in the "O" Office District; All that certain lot, tract or parcel of land lying ani being situated in the City and County of Denton, State of Texas, and being Lots 6, 7 & 8, Block C of the Spring Valley Addition to the City of Denton, Texas, and being further described as be- ing located north of Highway 380 near a point of intersection of Loop 288 and Highway 380. 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 pur- pose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maxi- mum benefit to the City of Denton and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED and APPROVED this the 28th day of September, A. D. 1971. ALEXANDER M. FINLAYS, MAYOR CITY OF DENTON# TEXAS ATTEST: BpMMS OLT, CITY SECRETARY CITY OF DENTONo TEXAS APPROVED TO LEGAL FORM: 6 j cv 6?.-z J C Q. BARTON, CITY ATTORNEY TY OF DENTON, TEXAS . - t ~ ~ s~ ~n ~ v .~.t . t 'r _ - _ , AT A REGULkR MEETING OF WE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MU,`IICT.PAL BUILDING OF SAID CITY ON THE 28TH DAY OF SEPTEMBER, A. D. 1971. R E S O L U T I O N BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, THAT: Alexander M.-Finlay, Jr., Mayor is hereby authorized and directed to sign and execute that certain agreement dated the 28th day of September, 1971, by and between the State of Texas and the City of Denton pursuant to Highway Commission Minute orders, regarding an areawide TOPICS Plan, which Agreement is attached hereto. PASSED and APPROVED this the 28th day of September, A. D. 1971. of) fi! D R F LAY, R, R CITY OF DENTON, TEXAS ATTEST: B MOLT, CITY MUMMY- CITY OF DENTON, TEXAS APP VED AS TO LEGAL FORM: 611 a (34ZZ~;- CK Q. BART-ON, CITY ATTO Y CITY OF DENTON$ TEXAS ' y o N z 'ji 4r ,L; Release9 for paving received in City Secretary's Office on September 28, 1911 after being filed in Courthouse. Original Mailed to owner. #12642 0. F. Service, Inc. Kerley Street #12640 D. B. Boyd Crescent Street #12641 Estelle Brown S H. Turnbull Duncan Street 012644 Noble Holland Jackson Street #12643 Noble Holland Hill Alley' #12645 George M. Hopkins Smith Street #12646 H. B. Lantrip Wainwright Street #12647 Grady ikEwin Wainwright Street #12648 Grady McEwin Wainwright Street #12649 Morris C. Meadows Bolivar Street 012650 Fate Mims Wainwright Street 012651 R. 8. Neale Bradshaw Street #12652 Pentecostal Holiness Church of Denton !Maple Street 012653 Harlan Petit Congress Street #22654 George Preston Wainwright Street #12655 W. B. Rummel, University Dr. W. #12656 Tom Taylor Wainwright Street #12657 Ed Watson Smith Street it S~ . , . _ , SUPPLQ.tL ML WATEMMM 'L'ORE PLAN AGREDIMT ' Between the Denton-Wise :soil and Waser Cooser-jation Listz:Fct Local Organization Dalrorth Soil atd taster Coaservati,)v District wcal Organization Denton Cowzt, Cor7m?.sLioners Court Local Organizatior, City of r<n•.on, Texas Local Org-enizetion Str.te of Texas (hereinafter referred to as the Sponsoring Local Organization) and the Soil Conservation Service United States Department of Agriculture (hereinafter referred to as the Service) Whereas, the Watezshed Woric Plan Agreement for the Hickory Creek Watershed, State of Texas, executed by the Sponsoring Local Organizations named therein and the Service, became effective on the 7th day of June_ 1968; and %T.ereas, in order to carry out the watershed work plan for said water- sheds it has become necessary to modify said Watershed W3rk Pla;r Agreement; and Whereas$ it has been found necessary to modify the '67atershed Work Plan Agreement to comply with provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Publi: Law 91-6469 84th Stat. 1894); Now, therefore, the Sponsoring Local Organization and the Service hereby agree on the fclloring modification of the tcrxs, conditions, and stipulations of said' Watershed Work Plan Agreement: 1. A paragn ph numbered 15 is added to read as follows: The Sponsoring Local Organization will provide relocation advisory %ssistarce services and matte the relocation payments to displaced persons az required by the Unsfozm Relocation Assistance and Real property Ac.?uisition Policies Act of 1972 (Public Law 91-646, 84th Stat. 1694) effective so of January 29 1971, and the Regula- tions issued by the Secretary of Agriculture pursuant thereto. fi Prior to July 1, 1972, the Sponsoring Local Organization will comply with the real property acquisition policies contained in Zaid Act and Regulations to the extent that they are legally able to do so in accordlsce with their State lawn. After July 1, 1972, the real property scgi:isition policies contained in said Act shall be follow- ed in all c&ses. The Service will bear 100 percent of the first $25,000 of relocation payment costs for any person, business, or farm operation displaced prior to July 1, 1972. Any such costs for a single dislocation in excess of 325,000 and all costs for relocation payments for persons displaced after July 1. 19722 :rill be shared by the Sponsoring Local Organization and the Service as follows: Sponsoring Estimated Local Relocation Or anization Service Payment Costs (percent)' (percent) dollars Relocation 62.36 37.62 0 f Payments 1 Investigations have disclosed that undercurrent conditions the project measures will not result en the displaceuent of any person, business, or farm operation. However, if relocations become necessary, relocation payments will be cost-shared in accordance with the per- centages shown above. 2. The Sponsoring Local Organization and the Service further agree to all other terms, conditions, and stipulations of said Watershed Work Plan Agrament not modified herein. Denton-Wise Soil and Niter Conservation District Locat Organs anon Title t Address A, Zip code Date The signing of this agreement was authorized by a resolution of the governing body of the Denton-Wise Soil arid :rater Con--exvation District Local Organization adopted at a meeting held on /pV l`/ 7 (Q~{ cretary, Local Organization) Address /f z Zip Code Date 7 - 7/ 71 2 Y I/ Dalworth Soil and rater Conservation District LocV? Org n ort wWk BY, L~ Title IMIIA 30 r Address fief 1(r PlEfyk Zip Code Date Cr '17' 7 The signing of this agreement was authorized by a resolution of the governing body of the Dalrorth Soil aria Meter Conservation District Local rganizati n 11 adopted at a meeting held on Secret5ky, Local Organization) ~rX 143D Address M rIb4 :•v1JMrs` 440 Zip Code Date • iv • Denton County Cormissioners Ccurt .Local Organization By Title Address. VF, Date P//L/-// Zip Code The signing of this agreement was authorized by a resolution of the governing body of the Denton County Com iss:cners Court Local Organization adopted at a meeting held on allSt 14 14 71 (Secretary, Local Organization) Address. t?,7 lnr2 .his' y -7 l Date /7/ Zip Code City of Denton, Texas Local Organizatio By . Title Address l •7 ~O~ / Zip Code Date_ X-7/ The signing of this agreement was authorized by re o ution of the governing body of the City of Denton, Texas Local Orga 'zation adopted at a meeting held on 7 (Sec et ry, Local Organization) Address Zip Code Datc Soil Conservation Service United States Depart t of Agriculture By ate Conservationist Date SUP r~ 1~'M'~~ eM I i ~ s ~ ~ ~v - . V A i1 N •C S 0 S D - RECElv~O : ; K\G•-T FLL MEN BY THESE PRZS- S: AP 'l .lyl: • MY OF l'[ T& ti ~;4kT y=-, ST*:F7, C(.-*aTaa CTIC V Cc1iPM4 ~FrEbSca afcar called the Principal), as ?riacipal, and tae GEC ~ IKSOMCF Ct~ ~ Y'~ R.LC,1 ~y • , a corporation organised and doing business under and by virtue of the l:.as of the State of WAS1111410:1 and duly licensed for the purpose • of me irZ, guarantccirg or becoming sole surety upon bond or undertaking required or authorized by the laws of the State of Texas as Surety, are hold and firmly bound unto. CITY uF bsmivtr.yis , hereinafter- called the Obligee in the. just aad full sua of two thousand, eighty-One and WU1100- . - _ • - - - - - • - - • - • - _ - _ • • - - Dollars I 2081.00 s ' lawful mcney of the United States of A,aerica for the payaene o: which, wall and truly to be made, we hereby bind ourselves, our successors and .assigns, jointly and severally, firmly by these presents. WERLAS, on the 14th day of July , 19 71 the said Principal, as contractor, entered into a contract for JjNNMMWW Sew-1c, Village East Apattuenta, Phase 1, Ttbhwsy 24 f • WEREAS, under the terms of the specifications for said work, the said Principal is required to give a bond in the amount of Two Thousand, dightyOne and :i000- - • • f - _ _ - - - - - _ - - .Dollars ($2,081.00- - - -td guarantee the replacement and repair of defective material or faulty workmanship, furnished or installed by the said Principal, for a period of one (1) Year from and after the date of the completion and acceptance of payment.,. - ]COW VEREF02SO if the said ?rinci?al shall for a period of One (1) Year frog and after-the dace o: tie completion and ..ece?caeca of the said work by said Obliges replaca dnd. repair any and all_defactive materials or faulty workmanship In* *said work, then-the above obligation is to be void; otherwise to remain in full force and ef-•ecte SBALBD with our seals and dated this lot day of •September 19 + STBP.A C 1 AN Y • G£N1PAL INSOKOM£ COMPANY OF AMERICA (surety) •~J By, 4~ Darbara Rokkas, Attorney-in-Fact GENERAL INSURANCE COMPANY OF AMERICA fe Offit.: 4W &edrr. A,*. N.E.. Uod*, Yoar:.q%. 9e1e5 e:~sseo POWER OF ATTORNEY No. 2174 KNOW ALL MEN BY THESE PRESENTS: That Generat Insurance Company of America, a Washington corporation, does hereby appoint BARBARA MOMS, Port North, Texas--------------•--------- its true and lawful at iorne)fs)•in•fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar chawcler issued by the company in the course of its business, and to bind General Inswance Company of America thereby as fully as if such instruments lr:rd been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, Gi eral Insurance Company of America has executed and at tested these presents this 19 day of October '19 70 .0 wrM.h~StCM 4G•Ow.4R..r.rKW/w~ CERTIHCATE Extract from the By-Laws of General Insurance Company of America: "Article VI, Section 12.-FIDELITY AND SURETY BOYDS... the President, any Via Presiderl, and the Secretary shalt each have authority to appoint individuals as attorneys-intact or under other apptoprime silks with authority to execute on behalf of the company lidelia.1 and surely bonds and other documents of similar character issued by she company in the course of its business On any inttrument making or evidencing such appointment. Ike signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or ;n any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or urldettaking " Extract from a Resolution of the Board of Directors of General Insurance Company of America adopted July 28,1970 "On any certificate executed by the Secretary or an assistant secretary of the Company selling out, (i) The provisions of Article Vl, Section 12 of the Bylaws, and (u) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full fora and eflect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, W. D. Hammersh. Secretary of General Insurance Company of America, do hereby certify that The foregoing extracts of the By-Laws and of a Resolution of the Boud of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, ore true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full fora and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile sezl of said corporation this lot _ day of September , I9_ 11 twoun SEAL X a~ . s •..nrKU.xanuu. O 1y2,3y~ y*'" s9a2 043 e170 . i 1 ~ i ~ ~ .a + i ~~ja, :w.~ ♦ ~ ' yrr 'y[6 ~C,~ ~1~y a !`G`~r ri S/} : •Z ? ~ .P:.. ,1y. ri.3 . ~ •r\S* i s ~1v.`'i 1.~~ s~f.~ . .j~ 1 ~ Y r~ yy NO, 91548; e wwo l~ N ON BEHALF OF STEAD CONSTRUCTION COMM TO CITY OF DSNTON, IMS i THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT Jack Bell 12012 of Denton County, Texas , in consideration of the sum of Ten and Ho/100 (=10.00) Dollars--------- and other good and valuable consideration in hand paid by the City of Denton,, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton. Texas . the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by h i m . Situated in Denton County, Texas, in the Survey, Abstract No. All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton. State of Texas, being a part of the B.B.B.. b C.R.R. Company Survey, Abstract No. 185, and being a part of a tract of land conveyed by Helen Taylor Goode, et al to Jack Bell by Deed dated February 19, 1971, and recorded in Volume 617, Page 14 of the Deed Record of Denton County, Texas, and being more particularly described as follows BEGINNING at the northeast corner of said Bell tract, said point of be- ginning lying in the west right of way line of Elm Street 317.0 feet sout of the intersection of the west right of way line of Elm Street and the south right of way line of College Street; THENCE south along the east boundary line of said Bell Tract, same being the west right of way line of Elm Street, a distance of 5.0 feet to a point for a corner; THENCE west 5.0 feet south of and parallel with the north boundary line of said Bell Tract, a distance of 162.2 feet to a point for a corner in the west boundary line of said Bell Tract; THENCE north along the west boundary line of said Bell Tract, a distance of 5.0 feet to a point for a corner, same being the northwest corner of said Bell Tract; THENCE east along the north boundary line of said Bell Tract, a distance of 162.2 feet to the place of beginning and containing 811.0 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas , in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. Forthepurpoeeof constructing, installing, repairing and perpetually main- taining public utilities in, along, upon and across said premises„ with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress„ and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said pub.lic utilities, or any part thereof. TO HAVE AND TO HOLD auto the said City of Denton $ Texas as aforesaid for the purposes aforesaid the premises above described. ptemb , A. D. 19 71 . Witness ' his hand , this the day~of e'zo Je K-BELL SINGLE ACY"NOWLEDG111ENT THE STATE OF TEXAS, COUNTY OF. BEFORE ale, the undersigned authority, ..EMTOEI in and for said County, Texas, oa this day personally appeared..._ JACK BELL It rsou..-wbosename.. 1$.._ subscribed to the foregoing instrument, and aelaww-ltdged to me F** ty t same for the purposes and consideration therein Ctcpressed. O 1: HAND AND SEAL OF OFFICE, This 1~... day o(. Sep ember._ ,A.D. 1971 4 e v0I Notary ubhc, 73 County. Texas My Commission Expires June 1, 19__._. J6 S~`>fCTE OF ERAS, JOINT ACKNOWLEDG31UNT BEFORE ME, the undersigned authority. CO OF:: 1 in and forsaid County, Texas, on this day personally appeared and. his wife, both known to me to k the persons whose names are subscrited to the for.rc,irg instrument, and ackwwledged to the that they each executed The same for the per-M,es rnd censi-laeati-a therein expr .-sed, aad th^ &Jd wife of tke sail having been ,examined by me privily and apart from her husband, and having the some fully explain l to her, she, the said _ . nekeoMicoge l ._:S instrument to toe her act tnd deed and she dee:ared that she had w-ilhnzly signe•J the same for the parpc-ss w d torsi n.tit n therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _ day of.. A.D. 19._. (L.S.) . Notary Public, County, Texas My Commission Expires June 1, 19 WIFE'S SEPARATE ACKNO%VLEDGJIE\T THE STATE OF TEXAS, 1 BEFORE MF„ the undersigned authority, COUNTY OF J in and for said County, Texas, on this day personally appeared - , wife of known to roe to be the pcrfon whose name is subscribed to the foregoing instrument, and having been examined by me privily and sport from her bcsbacd, and Navin„ the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared tha; she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE This.......-.............._...day of A.D. 19 (I..S.) . Notary Pubtic..._......-----....------ ............County, Texas My Commission Expires June 1, 19--.- CLERKS CE F ATS THE STAT F TE. , County t, _ COUNTY OF...... Cle~]°~ the County Court of count do hereby certify t the foregoing instrument of writing dated on the _-.~L......... _day of , A. D. 1 a., with its at t-k n, urns filed for record in my oMW the...... y cC.. A D. 19 /1/ , i1V fM, and duty xcorded this...._ y of._....... --............_A. D. 191_., at. k "C.._. 9f ~th_e~ Records of said County. In Volume T pages..._O Wl1>\'ESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at cllke 70 " _ oce - the day and ab_oce . County k.tc aty, Texas. ~g,1 By.../ifi~!~ Deputy. 1 1 ai ~ ~ o° ~ Y `w `y a. Q ~araf ~ pl p I t~ =C~~ ~ ~ 1{~ W i Las: ryV~ } L~ ~j i ti t p4 I r+r s b Y W• " Cl i W i i r,i ILL f: E.Vill ~ E Gr ~G 3 i a~~►f G IYF - r .1.. hS Cie) -j- W~ r T i 5.: a Ca; 3 f r o4n $ i z : z g K 4I' •R apt LfiRl e, P l~.. S 9pENOR IISSOU RI-KANSAS-'1TEXAs RAILROAD CO»PAN-V t INOVSTRIAL DEVELOPMENT DEPARTMENT 701 COMMERCE STREET DALLAS. TEXAS 75202 JAMES D. SPARKS ASSISTANT OIIIfCTOR September 7, 1971 RE►cRENCt T-18753 Mr. S. Hauptman, P.E. Director DEPARTMENT OF a mil i Y DEVELOPMENT CITY OF DENTON Municipal Building Denton, Texas 76201 Re: Cook Street Crossing Dear Mr. Hauptman: I an pleased to enclose herewith a fully executed copy of a Construction Agreement entered into between the M-K-T Railroad Company and the City of Denton pertaining to the City's Cook Street crossing of our tracks and right of way as shown on m. Drawing A-28919. As information, the Mork Order for this crossing was issued on July 20 and we trust that the crossing is now completed. However, we are awa.°.ting confirmation of this and once it his been determined that the crossing has been completed and found to be acceptable to both parties, we wi:i furnish you with the fully executed Easerv-nt recited in the Construes*.ion Agreement. Mhen the Easement is fortarded to you, it will need to b% accepted and recorded by the City. We are currently working on your third crossing (Duncan Street) and trust that we will have the necessary papers in your hands in the near future. Should we be able to be of further assistance to you, please do not hesitate to let us hear from you. Yours very truly, am4- spa JDS:RR/cb Attachment ttICUSTRY COF( ►'u`.tilRll►'tf►►X M:Rla?IISI 4' T:1lli OF 'IialS ) I COII\lY OF UI \:'OX 1 AGRIJAIAT enteral into this loth day of .Tune. A-D. 1971, by and betwcen the CITY OP DIATOM, a am ►icipal corporation, situated in the Conrty of Denton, State of 'texas, hcreina:~er call•.d the "City", party of tht• firs: ltiirt, and the MlSStVRl-k-XNSAS-'IlAXA 1G111!OAD Cil?PANY, a Delaware corporation, hereinafter called the "Railroad C<ompanyll, party of the second part, h'1 i:Nf•.SSIAll: tilllatrAS, the Cit% desires to huild a new, public, 33-foot street to be known as "Cook Street" across Railroad Co:-ipany's right of way at grade, a-id the centerline of said proposed crossing; shall be located opposite Railroad Company's I.C. C. No. 36 valuation chaining station 13434.5 in the City of Denton, Texas, all as shown on Railroad Coapany's Drawing No. A-28,919, marked Exhibit attached hereto and made a part hereof; MIURrAS, plans and specifications covering the construction of the project have been furnished to Railroad Company by the City, said plans and specifications to be identified as Exhibit "Be', attached hereto and made a part hereof; and MIEREAS, the City has requested the Railroad Company to grant the. City an easement for said crossing and to participate in the construction of said project at the City's expense by installing a prefabricated planked crossing, rearranging wire lines, if required, and installing necessary drainage, if any, and the Railroad Company is agreeable thereto. 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: 7 I. P.xcept for tho- uork it, be performed by Iailroad Company, the cost of t:hicit till tic Ioi:dnn':,ca by the City as hrrcinafter provided, the City 3greCs to ion>le'act, ar canter to be constructed, at its sole cost and expense, said crossing; in accord;uice with the plans cuid specifications first approved in writing; by the Pirector of Public Works of the City and by the Chief Frigincer of the Vailroad Conpari. No changes in these plans and specifications are 'to be made with -tit the writtelt consent Or such change s by said 11irector auJ said Chief fhg;inec-r. 2. 1he Railroad Coir-parry hereby ag:rces to grant to the City an casercnt in the form attached hereto a. Pxhibit "C", and does hereby grant permission for the constructio,t, maintevance and use of a public street across its I.C.C. No. 30 at trade for the purpose of extending Cook Street across said Railroad right of way at the location described in Exhibit "C". 5. The Railroad Company will, subject to reimbursement by the City of the cost thereof, furnish material, equipment and labor to install a full-planked prefabricated crossing in said street and reconstruct and rearrange any railroad-owned wirelines or poles which nay be required. The estimated cost to install said planking, and reconstruction and rearrange- ment of said railroad-owned wirelines and poles, if any, is ONE THMSAND NINE IIIINDRED AND KO/100 ($1,900.00) DOLLARS. It is agreed between the parties hereto that the aforegoing cost figure is an estimate only, and the City agrees to reimburse Railroad Company for its actual cost in furnishing said materiais, equipment, and labor, including all additives to material and labor in compliance with Railroad Company's current billing practices. It is agreed, however, that if the actual cost of the aforesaid work shall be less than the stun deposited, Railroad Company will immediately refund to said City the difference. 4. The City will construct, install and maintain, or cause to be constructed, installed and maintained, at its own expense, all drainage facilities, including; storm and sauilary scy a c facilities, across or a'.ong the Railroad Ctx:panr's ri,!at cut tear as shov" on said plans and specifications. ilte Citt- wi II Iiket:isr install au<i alaintaira, Ur earl>;v :t. be installed and riaintailtvd. at its Own c~pcat~. Al strvct paring, iucludin, curbs and ..utters, on Railroad Comparty's right of tsar. the City further agrees to keep said crossing blocked to vehicntar traffic until the completion of the proles. As .1 pCi tion of the c•onsideral ion for this a,rcecuttIt and IOr said I.asement, as sei forth on I'shihit "C" :attached hereto, City herchy agrees to :rs>aV:c all cost of auto::atic flashing pr•otrclion for said public crossing; as ray be required by City through ordinances or otherwise. In the event flasher protection shall be required by the City, City agrees to con- vey title of said flasher protection to the Railroad Company, and Railroad Company will maintain said flasher protection at its sole expense. 6. The City will require its o..ployees or its contractor, during the construction of said project, to perform such work in a manner as will not interfere with the operation of the Railroad Company's track and in such manner as will permit the Railroad Company to operate its trains with a minimum delay. Railroad Company, shall designate the time for the work to be done on the crossing of the railroad right of tray, including the road bed, curb and gutter, and paving and the duration of time allowed for the main line to be open. The Railroad Company reserves the right to maintain an inspector on the job at all times, and upon completion of work on saki project, Railroad Company and City will make a final inspection of same. City agrees that it will not accept said project until such joint, final inspection reveals that the work to be done by each party has been con- structed in accordance with said p!an and specifications. 7. Upon the completion of joint acceptance of the said project by the City and Railroad Company, this instrument shall have the effect of and shall operate as a conveyance of the title to the Raii.oad Company of the planking. The Railroad Company will maintain at its expense that part of said project conveyed herein to it. As a portion of the consideration for this agrerr..ent, City agrees that it will not levy ally assessrcnts again.t Railroad Company or its property for any portion of the cost of the present projected construction, improve- meat, or maintenance of said street or :uty of the facilities hereinabove provided. 8. :lie City agrees that in its contract for drainage work acrd street paving, it will require its contractor, prior to starting any work thereunder, to: a. agree to protect, indemnify and save harmless Railroad Company fron and against all I .ability, claims, demands, actions and causes of action, and all costs and expenses, including attorneys' fees, conr.cted therewith for all loss or damage to any property, material or equipnent whatsoever, including that of Railroad Company; E and for any injuries to or leath of perso..s :.Nomsoeaer, including said cattractor or subcontractors and any agents, servants or employees of City, its contractor or subcontractors, or Railroad Company, caused or contributed to ir. any manner, negligent or other- wise, by the acts or omissions or presence upor, or in the vicinity of the premises where the work as provided herein is to be performed, whather in the performance of the work to be performed hereunder, or otherwise, and regardless of whether any such loss, damage, injury or death was contributed to by the negligence of Railroad Company or its agents, servants or employees, or otherwise. The contractor shall also agree to reimburse Railroad Company for any loss or destruction of, or damage to, Railroad Company's property, including property in its custody or control, caused by or contributed to in any manner by the acts or omissions of said contractor, his subcontractors or the agestts, servants or employees of City, its contractors or subcontractors; It. furnish to Railroad Company evidence th:" he has in force general comprrhensice pulA is liability insurance wi!I: limits of $500,000 for bodily iniury la or death of one person, and $1,000,000 for bodily iuiury to or Meath of r,orC than ouC person as the result of one accident; c, furnish to Railroad Company evidence that I:e has in force gcne:•al 61i::prehens-ve public liability insuraice with limits of $;00,000 for property daycare as the result of one accident; d. furnish to Railroad Company evidence that he has in force a contractual liability cndorscment to the above public liability policy, in which eadorsenent the covenants of the con- tractor as provided in Section S a. hereof are specifically brought within the coverage of sail public liability policy; e. furnish to Railroad Company a railroad protective liability policy naming Railroad Company as the insured therein, and which piotective liability policy prc•-ides the following coverage limits: (l) $S00,000 for bodily injury to or death of one person; (2) $1,000,000 for bodily injury to or death of more than one person as the result of one accident; (5) $500,000 for property damage as the result of one accident; f. furnish to Railroad Cor.-pany evidence that he has in force a standard Korkmen's Compensation and Employer's Liability policy complying fully with the laws of the State of Texas; g. agree with Railroad Company that contractor will maintain all insurance provided for above in full force and effect during the term of the contract and until the work is accepted by City, and provide that none of this insurance will be cancelled without the Railroad Company being given 10-days' written notice of the intended cancellation. 9iY Pity aLrres to give Rai lr.,a~ G•a:p;ui.'s Chief l:ngitteer at lust IS days' written notice prior to starting work on the drainagv and/or street baring, such tine !,eing required I,%- Railroad ("vi-,pans, to asse•able forces for said work. If, at any tire prier to st:u'ti:,G work vn said project, or dnrinF the progress of said work, an emergevcy arises at any other location on Railroad Coc,pany'S main line which requires it to use its forces or equip ment assigned to said Lrade crossin,• project for work in connection with said energency, Railroad Company shall have the right to stop work on the grade crossing project until such tiwe as c:ark on said c.acreency situation has been performed. /Qt. The City assumes the entire responsibility for the construction and maintenance of the work to he done by it on said project, including approaches, pavement, and drainage facilities, and nothing herein shall be construed to place upon the Railroad Company any manner of liability for injury to or death of persons or for damage to or loss of property, arising from or in any manner connected with the construction, maintenance, or use of said project, including approaches, pavement, and drainage facilities located upon the Railroad Company's property and right of way except that the Railroad Company accepts responsibility for the maintenance of the plant- ing and any flasher protective devices which may be installed at said cross- ing subsequent to the date of this agreement. //A. Nothing herein contained shall prevent Railroad Company at any time or from time to time from changing, multiplying, relocating, maintain- ing or abandoning any of its tracks across or upon said grade crossing. IN TESTIMONY 1WE-REOF, the parties hereto have caused these presents to be executed in ddplicate on the day and year first above written. CITY Or )D ON AT E By 'ty Secretary ll.sS VSAS-TFXAS RAIIMAU COMPANY l ATTEST: By "nt Assistant Secretary AP ROVED ~ACx Q. ~rol~ l;Qll ATT09M ¢ .f, Pile: T-ISIS3 ` A 0 4 1► "A~, ~1 b V 'o cR o c~ o~;, vv . e_}{r cr o 3B qo . v `6. 0 f6 s be° p 1 Ek w~~k y •o o N Y. ~ 3 Z o ~ t s . sit 1 4 . - • ~ ~ ~ THE STATE OF TEXA89 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON T>jAT W. C. ORR ESTATE 1201.3 of Denton County, Texas , in consideration of the alma of Ten. and no/100 ($10.,',0) Dollars--------- and. other good and valuable oonsiderstioa in band paid by the City of Denton, Texas apt of which is hereby acknowledged, do by these l tr grant, sell and convoy unto to the City of Denton, Texas . the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the fonowng described property, owned by it . Situated in Denton County, Teats, in the Survey, Abstract No. All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, being a part of the B.B.B. 3 C.R.R. Company Survey, Abstract No. 186 and being a part of a tract of land conveyed by 0. J. Camp to W. C. Orr by Deed dated December 31, 1924, and recorded in Volume 197, Page 75 of the Deed Records of Denton County, Texas, and being more particulary described as follows: BEGINNING at a point in the east boundary line of said Orr Tract, :3ame al being the west right of way line of North Locust Street, and also being 87.64 feet north of the southeast corner of said Orr Tract, same being th northeast corner of a tract of land conveyed by Jim Goin to Valda L. Goin by Deed dated May 11, 1971; THENCE southwest a distance of 137.86 feet to a point for a corner in the south boundary line of said Orr Tract, sai point lying 106.42 feet west of the southeast corner of said Orr Tract; THENCE west along the south boundary line of said Orr Tract a distance of 25.17 feet to a point for a corner; THENCE northeast a distance of 170.4 feet to a point for a corner in the east boundary line of said Orr Tract, same being the west right of way line of North Locust Street said point lying 108.36 feet north of the southeast corner of said Orr Tract; THENCE south along the east boundary line of said Orr Tract same being the west right of way line of North Locust Street a distance of 20.72 feet to the place of beginning and containing 2,466.40 square feet of land, more or less. And it to further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will ronove from the property above described, sucb fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually main- taining public utilities, 1% along, upon and across said premises, with the right and privilege at ail times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egeeaa, trod regress in, along upon and across said promises for the purpose of mskbog additions to, improvements on and repairs to the said public utilities, or any pert. t WW'. HAV*AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the prem(scs above degeribed. Witaess hand , this the 1~ day of 444~x'-'- , A. D. I9 71 . W. C. ORR ESTA V~~ BY 3-A4/14f- ^ SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, 1. BEFORE ME, the undersigned authority, NT' J DETON COU N . -____.-..__r in rP County, Texas, on this day personally appeared___. W. C. Orr, Jr. ! to be the persA .._..whose name subscribed to the foregoing instrumen aid a.•kiowiedgcd to me g _`..,exteuto the same for the purposes and consideration therein expressed. C{✓ Gf VfjL.'ll RAlY HAND AND SEAL OF OFFICE, This .~~4. day of__._ _--a__.._... A.D. 1971 ~•y.~ Notary Public Denton County, Texas fly Commission E: pires June 1, 1973- JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, t BEFORE ME, the undersigned authority, COUNTY OF..__.____...._..... in and for said County, Texas, on this day personally appeared and his wite, both kaovra to me to be the parsons whose names are subscribed to the foregoing instrument, and acknowledged to we that they each executed the same for the purposes and consideration therein expressed, and the said wife of the said ......-having been examined by me privily and apart from her husband, and havirg the same fully explained to her, she, the said acknowhdged such instrument to be her act and deed and she declar-d that she had willingly signed the same for the purpaies and emisEdcration therein expressed, and that she did not wish to retract it. GIVEN UNDER 11`. HAND AND SEAL OF OFFICE, This day of , A.D. 18_ (LS.) Notary Public, County, Texas My Commission Expires June 1, 18.. WIFES SEPARATE ACKNOWLEDGMENT THE STATE Of TEXASr BEFORE ME. the undersigned authority, COUNTY OF__ in and for said County.Texss, on this day personallyappea:ed........... _ , Kifr of _ known to me to be the person whose name is r-i%cribed to Me foregoing instrument, and having been examined by me privily and apart from her husband, and having the sans: fully explained to her, she. the said acknowledged soeb instrument to be her act and deed, and Abe declared that she bad willingly signed the same for the purposes and consideration therein expressed, and that she did Dot wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE.Tbis......_.__._......_...day o[.__..».._........_.__......_, A.D. 19........... (LS) Notary Pobik, -•-___.._.....County, Tema My Commission Expires Jam 1, CLERK'S CE C THE STA iy. T, 1ErT i`.... county COUNTY OF..... ....a.Gt....._......_..... Crerk pf the County Court o said ty, do hereby certify that the foregoing instrument of writing dated on the _._...._I...._ day of_...... . . , A. D 18.7 ninth its diva! u itication, was tiled for record in my -.......day of. r__.__...._ , A. D. 's , at o'Nockde, lf., and duly , at.. ockO the Maim »............A. D. 18..1._ .1...... na y or 7 an Reeotda or said Count,, in Volamair. pagq..._ . WfrNESS MY RAND AND SEAL OF THE COUNTY COURT of said County, at ofBa i the day and t above , . County ylerk..... Coon , Texas. 000, Dejoly. By_ Z e r la 2 ?fin ' A o l z (PH I E ~ Fit[ j d { All PAC ,.o I~ j I lei FPO s--~7ss.m~r. - - - - -MRS THE STATE OF TEXAS9 KNOW ALL MEN BY THESE PRE M"" COUNTY OF DENTON 7`~3J THAT Henry Thompson, Allie I. Miller and William M. McRae, Jr. cf Denton County, Texas . In consideration cot the am of Ten and no/100 ($10.00) Dollars---------- and other good and valuable conskkudon in hand paid by the City of Denton s Texas receipt of wbkh is hereby acknowledged, do by these presents grant, bargain, sett and convey unto to the City of Denton, Texas, the free and uninterrupted ust liberty and privilege of the passage fn, alongs upon and across the following I described arty. I . I owned by them - Situated in Denton County. Texas, in the Survey, Abstract No. All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, being a part of the B.B.B. & C.R.R. Company Survey, Abstract No. 185, and being a part of a tract of land conveyed by Trans-Rental Company, Inc., to Henry Thompson, et al by Deed dated May 250 19709 and recorded in Volume 602, Page 409 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of said Thompson Tracts said point of beginning lying in the west right of way line of Elm Street, 317.0 feet south of the intersection of the west right of way line of Elm Street and the south right of way line of College Street; THENCE west along the south boundary line of said Thompson Tract, a dis- tan.r of 162.2 feet to a point for a corner, same being the southwest corner of said Thompson Tract; THENCE north along the west boundary line of said Thompson Tract, a dis- tance of 5.0 feet to a point for a corner; THENCE east 5.0 feet north of and parallel with the south boundary line of said Thompson Tract, a distance of 162.2 feet to a point for a corner; THENCE south along the east boundary line of said Thompson Tract, same being the west right of way line of Elm Street, a distance of 5.0 feet to the place of beginning and containing 811.0 square feet of land, more or less. And It Is further agreed that the said City of Denton, Texas in eonsideration of the bene5ta above set out will remove from the property above deemibed, such fences, buWhogs and other obstructions as may now be found upon said property. Fbrtheparpossof constructing, installing, repairing and perpetually main- taining public utilities Ksloog,upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, empkyees, workmen and rewu ntetives having ingress, egress, and regress Io. along upon and across said premises for the purpose of maldog additions to, improvements on and repairs to the said any t thtief ties, or public To HAVE AND TO HOLD unto the aid City of Denton, Texas as aforesaid for the purposes aforesaid the premises above describe& fitness th band , this the dar of temoer As • 1971 . NE WRY T . SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME. the unde-signed authority, COUNTY of_.___DEN70N...._.__......_.1 in and for said County. Texas, on this day personally appeared Henry__ hompson,..Allie•_I._Mi-ller and William M. McRae.i_~I known to me .o be the person 5... whose name 5... a re. subscribed to the foregoing instrument, and acla+owledged to we that. ..they. executed the same for the purposes and consideration therein expressed. GIVEN U%DrR MY HAND AND SEAL OF OFFICE, This day o ..._S_ePte91berA.D. 19 A Denton Notary Public, C,,nl y, Texas My Commission Expires June 1, 19 73 JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF_.. _ -I In and for said County, Texas. on this day personally appeared _ M.. _ and.- his wife, both known to me to be" the persons xLose names are subscribed to the foregoing instrument, and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said . wife of the sail having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed and she declared that she had willingly signed the acme for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER 31Y HAND AND SEAL OF OFFICE, This _ day of__._-.__ A.D. 19_.. Notary Public, County, Texas My Commission Expires June 1. 19._ WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME. the undersigned authority, COUNTY OF 1 In and for said County. Texas, on this day personally appeared _ _ . wife of _ known to me to be the person whose name is subscribed to the foregoing instrument, and ha%injr been examined by me privily and apart from her husband, and ha-ving the same fully explained to her, she, the said . _ acknowledged such instrument to be her act and deed. and she declared that abe had willingly signed the same for the purposes and consideration therein expressed, and that she did not with to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE,This-._..._-.-.._ -...day of___ A.D. lo-_...... _ Notary Public, ..f_ .....County, Texas my Commission Expires Jane 1, 1!___ CLERK'S C ATE THE STATE~F "E: TFTm% 1, County COUNTY OF.... Clerk of the County County, do hereby « rtify t the foregoing instrument of writing dated on the _._.......r4LY4- f._-...-......... , A. D. 97 _ , with its Certisca theatieation, was bled for record In of .A. D. 19. k M, and duly recorded... A D. 19. L._ , at . 0 o'elock . ~ N. in the . ....._...__..Recotds of said County, in Vol a palm. //j WITNESS MY HAND AND SEAL OPIVE COUNTY COURT of avid County. at otlles is _ the day an above ~ _ t.._.............................. ty _ County. Texss (L $yjr,~Le~ISr , Deputy. ' g i O VS W a Q W z Z Gt 1 101t.___L V W e W ikk ` f~n KfiVl $ obi ~ o f~f 6EG4 ,7 iXA 3 C dot 1 Q I Pi i 11L ;l x w ~ o 1 R fIS R 1~, E - o~ , ~ ~c NO. !L AN ORDINANCE RECEIVING AND ACCEPTING THE WORK OF IMPROVING CERTAIN DESIGNATED STREETS IN THE CITY OF DENTON, TEXAS. THE COUNCIL OF THE CITY OF DENTON* TEXAS, HEREBY ORDAINS, THAT Under the terms of a certain contract for the construction and improvement of the named streets, dated the 9th day of June, 1970; and the work of improving the streets described in Exhibit A, which Exhibit is made a part hereof and attached hereto, has been com- pleted, the Director of Community Development of the City of Denton having measured, examined and caused to be tested the finished im- provements by the means and in the manner provided by the terms of such contract and of plans and specifications therein contained, and the Director of Community Development having found that such improve- ments have been constructed and completed in full compliance with the terms of said contract and the plans and specifications therein contained, and having approved and accepted said improvements, and having recommended that the City Council accept said work and im- provements, it is, accordingly, ordered that said work and improve- ments have been found by the Mayor and City Council of the City of Denton to have been performed and completed in full compliance with the terms of the said contract and plans and specifications, and the same is now hereby accepted and approved by the City of Denton, Texas, except that part involving electric traffic signalization which work is not yet completed, is a distinct contract item, and will be accept- ed at a later date by further action of this Council. All contract monies shall be paid accordingly. PASSED AND APPROVED this the 28th day of September, A. L. 1971. csi ALE WR N Y, JR. OR CITY OF DENTON, TEXAS ATTEST: 8 S HOLT, CITY SECRETARY &TY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 9 K Q. BARTON, CITY ATTORNEY C TY OF DENTON, TEXAS CERTIFICATE OF ACCEPTANCE I. Stanford Hauptman, Director of Cammnity Development of the City of Denton, Texas do hereby certify to the Honorable City Council of said city, that the work of improving the following street located in the City of Denton, Texas has been performed by J. L. Bertram Construction and Engineering, Incorporated of Fort Worth, Texas in accordance with the terns of a contract between said construction company and the City of Denton, Texas entered into and approved by the City Council on the 9th day of June, 1970 and entitled Paving and Drainage Improvements on Carroll Street, Parkway Street, and Henry Street. Such improvements have been constructed and completed in full camp.iance with the terns of said contract and with the plans and specifications therein contained or referred to and 1 do here- by recommend that the Honorable City Council accept and receive said work and improvements as constructed by the said J. L. Bertram Construction and Engineering, incorporated, said streets and portions therefore being described as follows: STREET NAIL FRMf 10 Carroll Boulevard Henry Street [Mulberry Street Henry Street Carroll "oulevard Notch Locust Street Parkway Street Carroll Boulevard Austin Street Respectfully submitted this 14 day of September, A.D., 1971. Stanford Aaupbwm Director of Cammnitv elopment City of Denton, Te:* ~...1 r r. r r f f t r ` ]A~" ~ ~ . i . J 4 . e,~ • . Jt• ~3. w • ~ ' r - ' ~ . • ~ - ~ ~ • r, At CONTINENTAL, INSURANCE COMPANIES THE COTITIXENTAt INSORANCE COMPANY • AREMEN'S INSOMWE COMPANY • NIACANA FINE INSURANCE COMPANY TILE FIDELITY Alp CAVJALTY COMPANY • COMMERCIAL INSURANCE CIIA►ANY . 110SM OLD COTONY INSUIMM :OMM►T IIAVOK-11E16 FROM$% COMMIES • SEAROAIO FIE It M ARM INSIMAW COMPANY • RVCKEYE WO ON NISWIA`( COMIM KANSAS CITY FIRE IL WAIN: INRRANCP CO~ • TILE CUM FALLS INAMAXCE MOM$ • FMCIFIC INSIMANCE COMPANY 1810 Commerce Street, Dallas, Texas 75201 September 10 1971 The City Secretary City of Denton Ciay mall Denton, Texas Peerless Manufacturing Company Master Slectrician Bond No. S 115 74 93 Gentlemen: The Fidelity and Casualty Company of New York elects to terminate its liability on the captioned bond as of October 230 1971. ack C. Grantham Supervising OnJerwriter Southwestern Bond Department JCG:sl r ~ ` s ~ ~ ~ r f F ~ - ~ . _ CITY OF DENTO TAX ROLL ACCOUNT NO. NAME & ADDRESS L•B A LOC - SUR1 STATE OF TIMAS COUNTY OF DENTON CITY OF DENTON X Personally appeared before we the undersigned authority, Hugh Nixon, Assessor and Collector of taxes of the City of Denton, Denton County, in the State of Texas, and says he has made a diligent effort to ascertain all of the taxable property, both real and personal, in the City of Denton, for the year of s same is correctly set forth on said above and foregoing tax roll. Hug Mixon-Assessor-Collector Subscribed and sworn before me this the ~O day of e i r Notary Public in and for Denton County, Texas APPROVED BY ORDER OF THE CITY COUNCIL: c ~ Mayer ATTE ( 0 Brooks Holt, City Secretary City of Denton, Texas t' PAGE i YOR - DESCRIPTION APPRAISED ASSESSED TAX AMOUNT f n n i 1971 i R got S` R R r~ n o R CITY OF DENTI TAX ROLL f ACCOUNT NO. NAME & ADDRESS L-8-A LOC - Sufi "ice f 1 ' TAX ROLL OF REAL ESTATE AND PERSONAL. PROPERTY IN City Tax Rate: $1.70 Ir Accounts 'Fax Valuation I 979 $ 1959252.65 $ 1104853,450.00 9971 929070.98 53,4159940.00 2211823 ~$Z4.67 66.230.863.00 $ 10413,.48.30 $ 839132,253.00 We, Claytor Atkins, Garland Cates, and Paden Neeley, members of : oar o qua •a on or t year 1971, having examined the v tax roll, find the same correct. In testimony hereof, witness our hands this the _nth day _tgy~per , 1971. (Chairman) 4 J. A, ayton Atkins i c nc. es i Paden Neeley - - - - - - - - - - - - - - - - - I PAGE EYOR - DESCRIPTION APPRAISED ASSESSED TAX AMOUNT n HE CORPORATE LD4ITS OF THE CITY OF DEN-M8, TEXAS w $100 Valuation I 1 Business Personal Property Personal Property 1 Real Estate Property :he Ito ~f ' 01 i T1IR 9M M ` K 0 TE1AS, COUN17' OF DENTON KNOW ALL MEN BY THESE rnaciiTs: ' That THE CITY OF DENTON, TEXAS 1132115 I Of the County of DEN TON and State of TEXAS , for and in consideration of the sum of -----------------------TEN AND 1401100 ($10.00)---------------- and other good and valuable consideration DOLLARS, . to it in hand paid by L. L. McAnninch of the County of Denton and State of Texas , the receipt of wbkh is hereby acknowledged. do, by these presents, BARGAIN, SELL, RELEASE. AND FOREVER ~ , QUIT CLA131 unto the said L. L. McAnninch i I ' his heirs and assigns, all its right title and interest in and to that certain tractor par- cel of land lying in the County of Denton and State of Texas„ described as folios, I to-wit: All that certairs lot, tract or parcel of land lying and being i situated in the City and County of Denton, State of Texas, being a part i of the J. Brock Survey, Abstract No. 55, and being a part of a tract of land conveyed by L. L. McAnninch to the City of Denton, Texas, by deed dated June 18, 1969, and recorded in volume.587, Page 321 of the Deed Re-I; cords of Denton County, Texas, and being more particularly described as follows: I, BEGINNING at a point in the east boundary line of said City of Denton tract, said point of beginning lying in the east right of way line of I Newton Street and also being 64.50 feet north and 32.25 feet east of the southwest corner of said City of Denton tract;. THENCE south 40° 09' east, a distance of 42.19 feet to a point for a corner; 'MEN^E north 780 55' west a distance of 27.72 feet, more or less, to a point for a corner, said point being 37.58 feet north and 32.25 feet east of the southwest corner of said City of Denton tract; THENCE north a distance of 26.92 feet, to the place of beginning and con- taining 366.15 square feet of land, more or less. TO HAVE AND TO HOLD the said premises, together with all and sinV&r the r4bts, privi- Iegea and appurtenances thereto in any manner belonging unto the said L. L. Mchninch his heirs and assigns, forever, so that neither the said City of Denton, Texas, its successors aor tubM nor any person or persons claiming under it shall, at any time hereafter, bpve, claim or deasnd any right or title to the aforesaid premises or appurtenances, or any part there- of. Wrr4V= our hand at Denton, Texas this 26th day of September A. D.19 71 Witnesses at Rein of Grantor: CITY OF DENTON TEXAS ...,e.._ . ~ ATTEST: BY: {1t t~D It I ' ~ HAYOR ew~ 1lOLTl_'I Y SECitI TAfjY asa.ul.E AC;tuwars.cul,lll;ris THE STATE OF TEXAS, BEFORE HE, the undersigned authority, COUNTY OF DrNT(X4 _ in an.l for saiJ County, Texas, on this day personally appeared.... known to me to be the petsoa whose name subsctibed to the foregoing instrument, and 36nowledged to me that he exrruttd the same for the purpose and consideration thete;n expressed. GIVEN UNDER MY BAND AND SEAL OF OFFICE. This . day* A.D. I!)__ (L.S.) Notary Public.._ _....._County, Texas My Commission Expires June-1, 19...-. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE HE, the undersigned authority, COUNTY OF _ . is and for said County, Texas. on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to we that be. . executed the san=e for the purposes and consideration therein expressed. GIVEN UNDER XY BAND AND SEAT. OF OFFICE, This _ day of A.D.19....... (L.S.) . _ _ _ _ Notary Public, ._County. Texas My Commission Expires Jove 1. 19 _ _ _ CORPORATION ACKIAOWLEDGbIENT THE STATE OF TEXAS, 1 BEFORE HE, the undersigned authority. COUNTY OF. DENTON._. J in and for said County. Texas, on this day personally appeared.._ALEXANDER K. E1MAY.o. %Mt_j. MAYQR_ OF THE CITY OF DENTON t TEXAS ..known to rat to be the person and odicer _ said who_ee name is subscribed to the foregoing instrument and acknowledged to we that the sauce was the set of the CITY COUNCIL OF_THE_CITY_.OF DENTON._TEXAS_-___ a corporation, and that lre executed W" - same as the act of such corporation for the purposes and consideration thereto txjPrt;=d, and in the capacity therein stated. GIVES UNDER MY HAND AND SEAL OF OFFICE. This. 28 day cf- September, A.D. 19A _ Notary Public, -•---hir~nton County, Terns • My Commission Expires Jane 11 39-L3 CLERKS CERP ICA E 's rot~ElF:'S1'.1 E F =X*A% County CO6&TY OF. CI o e County Court of said :y,• do hereby certify at the foregoing instrument of writing dated' on the _ day A. D. I9 with its Certificatate t Anthers ' was likd for record in my office on the • day of ~ . , A. D. I9.~ . l'~•sto chx H, and duly ' A. D. 19;/. at1 Ieck(Z~ M.. In the recorded this d f _ r Records of said County, in Volume.. &r34::;;6 pates -7 4.49L'!f WITNESS MY HAND AND SEAL OY THE COUNTY COURT of said County, at office iri--~~.~I.t~~•~ the day and r Mrga bore wrilten County C rk County, Texas. p. S) By.--•-~~el~' . Deputy. AI l13 w E 1 i i • [ • = v w frk ( ' Q ~ E k 1 ? V «t o o ►zi f 'ra t3€rDE1 l l t;Gtfh~ i. t ...14.• w I i i w s N Q t7 0:1 a~l• q O Y l x t i~. • 0 tic Is r i k. . sx' ►1 O ` M a ;t rw L\ I O+ \ V: ►7:may 4 ltl i AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON* TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF SEPTEMBER, A. D. 1971. R E S O L U T I O N THE COUNCIL OF THE CITY OF DENTON* TEXAS, HEREBY ORDAINS: That Alexander M. Finlay, Jr., Mayor of the City of Denton, Texas, is hereby authorized to sign that certain Supplemental Watershed Work Plan Agreement between said City, the State of Texas, and the Soil Conservation Service, United States Department of Agriculture, same being a supplement to the Watershed Work Plan Agreement for the Hickory Creek Watershed, State of Texas, executed by the same parties, effective on the 7th day of June, 1966. PASSED and APPROVED this the 14th day of September, A. D. 1971. / ALEXANDER M. Y YOR CITY OF DENTONe TEXAS ATTEST: EC TAF.Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 6L/ & ap i: - J Q. BARYON, CITY ATTORNEY 9TY OF DENTON, TEXAS Wilk, r. DEDICATION AND RESTRICTIONS OF WILLOW CREEK ADDITION, SECTION TWO AN ADDITION TO THE CITY OF DENTON, TEXAS 14 192 THE STATE OF TEXAS COUNTY OF DENTON WHEREAS, D. F. SERVICE, INC., a corporation, organized under the laws of the State of Texas, and having its principal place of business in Denton, Denton County, Texas, is the owner of a certain tract of land hereinafter described and has caused said tract to be subdivided, which tract is described as follows: BEGINNING at the northeast corner of Section One of Willow Creek Addition to the City of Denton, Texas, per plat filed in the Plat Records of said County; THENCE South 88 deg. 35' east 94.11 feet to an iron pin; THENCE North ? deg. 40' 40" west a distance of 479.81 feet to an iron pin on the south line of Morse Street; THENCE South 65 deg. 23' 46" east with said street line 328.83 feet to an iron pin; THENCE South 2 deg, 48' west 855.84 feet to an iron pin; THENCE North 89 deg. 330 30" west 296,17 feet to an iron pin; THENCE South 2 deg. 48' west 84.74 feet to an iron pin; THENCE North 77 deg. 15' 58" west 539.00 feet to an iron pin; :"HENCE North 75 deg. 34' east 269.41 feet to an iron pin; TWt1CE around a curve to the left 212.74 feet to an iron pin, radius of said curve being 201.74 feet; THENCE North 15 deg. 09' east 274.29 feet W the place of beginning. WHER.RAS, said tract has been subdivided into one (1) block consisting of forty-five (45) lots numbered one (1) through forty-five (45), inclusive,, and said owner has caused certain utility easements to be delineated upon the map of said addition and has laid out thereon certain streets known as Remy Circle, Standefe:, Circle and Baldwin Street, each of which is fifty feet (501) in width as shown on said plat, and desires to dedicate such streets to public use and such utility ease- ments for the purpose of supplying the necessary utilit#es to the subdivision of the above described property. Now, therefore, KNOW ALL MEN BY THESE PRESENTS: That D. F. Service, Inc., acting by and through the undersigned, duly authorized officer, for and in consideration of the premises and of the benefit accruing to it and its said property, has this day dedicated and does by these presents DEDICATE the above described tract of land to be known as WILLOW C.4EEK ADDITION, Section Two, an Addition to the City of Denton,, Texas, according to the plat thereof heretofore recorded in Volume page , of the Plat Records of Denton County, Texas, said tract having been laid out and designated as One (1) Block containing Forty-Five (45) Lots, numbered one (1) through forty-five (45), inclusive, and does DEDICATE the utility easements as delineated on said plat for the purpose of supplying utilities to said subdivision, and does DEDICATE said streets, known as Ramey Circl% Standefer Circle and Baldwin Street, for public use, and does further designate all of said Willow Creek Addition, Section Two, an Addition to the City of Denton, Texas, as a restricted residential subdivision to which the following building and use restrictions shall apply: 1. LAND USE AND BUILDING TYPE: No lot shall be used except for residential purposes. No u inq shall be erected, altered, placed or permitted to remain on any io: ,ther than one detached single family dwelling. 2. DWELLING SIZE: The floor area of the main structure exclusive of open porches and garages, shall be not less than 750 square feet. 3. BUILDING LOCATION: No building shall be erected on atty lot nearer than eet to a front lot line, or nearer than 15 feet to any side street line. No building shell be located nearer than 5 feet to an interior lot line. 4. A[2CdITECTURAL CONTROL: No building shall be erected, placed, or altered on any lot until the construction plans and specifications have been approved by the architectural control committee as to quality of work- manship and materials, harmony of external design with respect to topography and finish grade elevation. 5. MEMBERSHIP: The architectural control committee Js composed of William E. Brady,, Jerry L. Cage and Nancy A. Millichamp, :00 North Elm, Denton, Texas. The committee may designate a representative to act for it. In the event of death or resignation of any member of the commtittea, the remaining members sha:l have full authority to designate a successor. Neither the members of the committee., nor its designated representative shall be entitled to any compensation for services rendered purs:ant to this covenant. At any time, the then record owners of a majority of the lots shall have the power through a duly recorded instrument to change the membership of the committee or to withdraw from the committee or restore to it any of ' its powers and duties. 6. PROCEDURE: The committee's approval or disapproval as required in t1i ese covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in the event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 7. FENCSS: No fence shall be constructed or allowed to remain in front of the mii1mum building set back line. 8. TRANSPGRT VEHICLES: Trucks with tonnage in excess of 3/4 ton shall not be petted to park on the streets, driveways or lots over night, and no vehicle of any size which normally transports inflamatory or explosive cargo may be kept in this subdivision at any time. 9. NUISANCES: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 10. TEMPORARY STRUCTURE: No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. 11. SIGNS: No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs, used by a builder to advertise the property during the construction and sales period. 12. EASEMENT: Easements for installation and maintenance of utility and drainage facilities are reserved as shown on the recorded plat. 13. OIL AND MINING OPERATIOJS: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any log.. No derrick or other structure designated for use in boring for oil or natural gas shall b4 erected, maintained or permitted upon any lot. 14. LIVESTOCK AND POULTRY: No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. 15. GARBAGE AND REFUSE DISPOSAL: No lot shall be used for or maintained as a dumping grown or r ish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. 16. SIGHT DISTANCE AT INTERSECTION: No fence, wall, hedge or shrub planting c obstructs sig t nes a elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular areas formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the inter- section of the street property line with the edge of a roadway or alley pavement. No tree shall be permitted to remain within such distance of • . . such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 17. WATER SUPPLY: No individual water supply system shall be permitted on any of unless such system is located, constructed and equipped in accordance with the requirements, standards, and recommendations of the State Department of Public Health. Approval of such systems as installed shall be obtained from such authority. 18. SEWAGE DISPOSAL: No individual sewerage disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the State Department of Public Health. Approval of such system as installed shall be obtained from such authority. 19. RE-LOCATION OF BUILDINGS: Construction of new buildings only shall be permitted, it being the intent of this covenant to prohibit the moving of any existing building on to a lot and remodeling or converting the same into a dwelling unit in this subdivision. 20. TERM: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date these covenants are recorded after which time said covenants shall be automatically ext:nded for successive periods of ten years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 21. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. 22. SEVERABILITY: Invalidation of any one of these covenants 1py judgment or our r er shall in no wise affect any of the other provisions which shall remain in full force and effect. EXECUTED this the _ Q✓ day of September, A.D. 1971. 7- • ~s,Eltlr~. ea•::a D. F. SERVICE, INC. ATTEST; . = ZZI By: -William E. Bra y, Preside 3~4 16, r e rger, jr*,? ary ::+s~►s•*a* THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, a Notary Public, in and for said County and State, on this day personally appeared WILLIAM E. BRADY, President of D. F. SERVICE, INC-, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. UNDER MY HAND AND SEAL OF OFFICE, This day of September;'A.b.. 1971. Notary Put# c, Denton County, Texas 1 HA z V :C NZOoz fill D E^R nECUkU Gsiz 001110gGOl1hfT.IFXAS lU s4*X 1. '1! OCT i9 'If 10 36 germs *IlEfA P%P'tFP C0.t'Ltlt Rr._ ___PEP o 1.9 fA Np SEAT MAU or RCCOM The S1NO of Tons Coate of Denbo b Theta Psrket. Clwwb of the Country Cowl M ow far sm Carob I do 1Ntetry oeruy tAat vw sriM (ts was fasd fa 1004 Y d M. 1 a.~d QuIY 'i A O. l9 st 'efoeb L~ .1f, -of am In Volomo - Pap » Raeads of OMtab Taos w spl o f TosN. 1M 4W onb for led above WftW& THETA PAAKM fK C&A of dto County Coup. Denbo C0. Tons