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HomeMy WebLinkAbout10-1972 Octnb~r ~z NO. 71- Q AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, REGULATING THE ACCUMULATION AND COLLECTION OF GARBAGE AND EFFECTING A CHARGE THEREFOR; RESTRICTING THE BURNING OF TRASH AND RUBBISH; DEFINING CERTAIN NUISANCES; PRESCRIBING PENALTIES FOR THE VIOLATIONS OF ITS PROVISIONS; PROVIDING A SAVINGS CLAUSE; AND DE- CLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON,'TEXAS, HEREBY ORDAINS: PART I. That the Code -3f Ordinances of the City of Denton, Texas, is hereby amended and changed as follows: A. Chapter 12, Article I and the Sections therein contained are hereby deleted and amended by aiding a new Article Is Sections 12-1 through 12-17 of said Article and Chapter, which shall here- after read as follows: "Article I. In General. Section 12-1. Purpose of Chapter. The accumulation of garbage, trash, rubbish and high weeds on the premises of private residences, businesses, public and private institutions, vacant lots and in the streets ani alleys of the City, constitute a public menace and nuisance and greatly increases the danger of the spread of infectious, contagious and epidemic diseases, and the regulations of this chapter are adopted for the purpose of preserving and protecting the public health, safety and general wel- fare by requiring property owners, tenants, occupants and lessees to secure and maintain containers and receptacles of sufficient size and material for the deposit of garbage, trash and rubbish for col- lection and removal at regular intervals, and to maintain their pre- ises free of accumulations thereof, and of excessive growth of grass and weeds. Section 12-2. Definitions. When used in the chapter, the following terms shall have the meaning indicated: Residential Garbage. "Residential Garbage" shall consist of all normal household waste, except plant clippings, leaves, tree trimm- ings, ashes, metal scraps other than cane, large accumulations of boxes, demolition and remodeling debris and other material that can- not be broken down to fit in regular garbage containers. Cbmmemial Garbage. "Commercial'Varbage" shall consist of all' waste normally generated by each individual establishment, except plant clippings, leaves, tree trimmings, ashes, demolition and remodeling debris and other material that cannot be broken down to fit in regular garbage containers. Rubbish. (Trash) "Rubbish" shall consist of all waste and refuse ma- terial that is not either residential garbage or commercial garbage. Residential. "Residential" shall mean a structure, house or building occupied as a dwelling only, and which contains no more than four (4) dwell- ing units. Commercial. "Commercial" shall mean any structure or building other than residential, including business structures, hotels, motels, rooming or boarding houses, and structures containing more than four (4) dwelling units. City. The term "City" shall mean the City of Denton. Commercial Tree Trimmer. "Commercial Tree Trimmer" shall be a person or firm that engages in and solicits the trimming and/or cutting of trees as a regular part of their business. Person. "Person" is any person, firm, partnership, association, cor--- poration, company or organization of any kind. Unusual Accumulations. "Unusual AccumLlations" for residential ser- vice for each regular collection shall be more than eight 40 gallon plastic bags of garbage, trash and other solid waste permitted under this Chapter and/or limbs and cutting that exceed a pile three (39 feet in height, three (39 feet in width, cut to a maximum of four (41) foot lengths; heavy, bulky objects, and other accumulations unusual for the average household. Un- usual accumulations for commercial service shall be any accumulation per- mitted under this Chapter that is not ordinarily encountered in the opera- tion of that type of business or an accumulation substantially greater than ordinary for that commercial establishment. Section 12-3. Sanitation Division - Director Appointed; Powers and Duties. The head of the sanitation division shall be the director of sanitation. The director of sanitation shall be appointed by the city manager with such powers and duties as may be provided by ordinance or assigned by the city manager. Section 12-4. Same - Duty to make collections. The city sanitation division shall regularly collect and remove pro- perly prepared garbage, trash and rubbish from residential premises and the premises of subscribers to its service. -2- Section 12-5. Charges for use of the city sanitary landfill by non residents and resident non subscribers. The following charges shall be paid by persons not residing with- in the corporate limits of the City and for non subscribers to re- gular city sanitary service for the use of the city garbage, trash and rubbish disposal grounds, known as the sanitary landfill: (a) There shall be no charge for automobiles or station wagons disposing of garbage, trash or rubbish at the city sanitary landfill during business hours. (b) One-half ton pick-ups, and two wheel trailers shall be charged $0.75 for each load disposed of. (c) Pick-up trucks with side boards, and all other vehicles with a carrying capacity of less than one and one-half tons or five (5) cubic yards, whichever is the smaller shall be charged $1.25 for each load disposed of. (d) All larger vehicles shall be charged $2.50 for each load dis- posed of, excepting those vehicles described below. (e) Commercial, packer-type trucks owned or operated by licensed haulers or non subscribers shall be charged $5.00 for each load dis- posed of. Monthly rates for regular use of the sanitary landfill by licensed haulers or non resident haulers may be contracted for with the City under special circumstances In which case the above per load charge will not apply. Section 12-6. Disposal of garbage, trash or rubbish only in authorized locations. (a) It shall be unlawful for any person to dispose of any gar- bage, trash or rubbish in any place in the City, other than a place designated and authorized in writing by the city manager. (b) Any waste, garbage, or other solid or liquid matter, re- sidential, Industrial or commercial, that possesses characteristics deemed by the Texas Water Quality Board, Environmental Protection Agency, Texas State Department of Health or any other Federal, State or local agency having jurisdiction, to be unsuitable or detrimental to the envbronment when disposed of in the type of sanitary landfill operated by the City is hereby prohibited. Such material or matter shall be disposed of in the manner prescribed by the agency having jurisdiction and at the expense of the party or parties generating such material or matter. In no case shall such material or matter -3- be placed for collection by the City, nor shall it be delivered to or disposed of at the city sanitary landfill. Section 12-7. Garbage, trash and rubbish nuisances. (a) Storing or keeping garbage, trash and rubbish. The storing or keeping of any and all stacks, heaps or piles of old lumber, re- fuse, junk., old cars or machinery or parts thereof, garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished struc- tures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street in the city, so as to produce an unsightly and ugly appearance, or which may harbor reptiles or rodents, create a fire hazard or result in unsanitary conditions, is hereby de- clared to be a public nuisance and unlawful. (b) Dumping. The dumpin& unauthorized placing or depositing of any trash, rubbish, garbage, tin cans, refuse, grass, weeds, scrap materials, offal, dead animals or junk it. or upon any street, alley, sidewalk, branch, creek, ditch or gutter or along or upon the sides thereof, in the City, is hereby declared to be a public nuisance and unlawful. Section 12-8. Receptacles for trash and rubbish required. Every owner, occupant, tenant or lessee using or occupying any building, house or structure within the corporate limits of the City of Denton, Texas, for residential or commercial purpose shall provide and maintain suitable containers or receptacles of sufficient size and number to hold the garbage, trash and rubbish which normally accu- mulates on the premises. Where special conditions exist which subject containers so placed to overturn and spillage, the sanitation division may, at its discretion, require such containers subject to overturn and spillage t,~• be placed in a portable, movable or stationary rack. Section 12-9. Size and construction. (a) Garbage cans may be required at the discretion of the cltf and shall have a capacity of not less than ten (10) nor more than thirty-two (32) gallons, shall be constructed of substantial metallic material safe from water, rodents, and vermin, and shall be equipped with a tight-fitting lid or cover and with handles sufficiently strong for workmen to empty conveniently. Can must be round, taper,td with bottom diameter smaller than top. In no case shall open bins, uncovered barrels, boxes, rooms or other containers accessible to pests be per- mitted. _y- (b) Plastic bags designed f.)r garbage disposal, that meet stan- dard City of Denton specifications and having a capacity of not more than forty (40) gallons shall be used and placed on the curb or alley and suitably protected from animals and vermin. All bags shall be se- curely tied or otherwise have all openings securely closed. Paper bags designed for garbage disposal and possessing characteristics approved by the director of sanitation as being equal to the above described plastic bags may be permitted when placed on the curb line or alley and properly protected. Other containers or receptacles may be used where permitted under this Chapter. (c) The City shall furnish 208 bags each year per individual family unit and may make available for sale additional bags to citizens of the City at locations designated by the City. Section 12-10. Weight Limitations. The total weight of any garbage can and/or bag and contents, and any trash and rubbish receptacle and contents, shall be fifty (50) pounds or less. Section 12-11. Lids or covers required. (a) The lids or covers of garbage cans, where permitted, shall at all times be secured and fastened so that flies and other insects may not have access to the contents thereof and said lids or covers shall only be removed while the said garbage cans are being filled or emptied. (b) The contents of trash or rubbish receptacles shall be protected so that neither the wind or animals can scatter same over the premises or over the streets or alleys of theCCity. Section 12-12. Garbage cans, trash and rubbish receptacles to be maintained in sanitary condition. (a) It shall be the duty of every person placing a can or receptacle from which garbage, trash or rubbish is to be collectel to keep the same in a clean and sanitary condition. (b) The City shall cause regular inspections to be made to insure compliance with the term of this chapter, and if any non compliance is found, the owner shall be notified to correct the same within five (5) days; failure to comply with such notice shall constitute a separate vio- lation of this chapter. The affixing of a conspicuous tag or sticker indicating the nature of the non compliance shall be considered a proper notification. -5- (c) All garbage and refuse containers, drums and barrels not meeting the requirements of this chapter shall be removed and dis- posed of by the City and the City shall not be liable for the re- movable and disposal. Section 12-13. Location Receptacles. The required receptacle for trash and rubbish shall be placed on the curb line most accessible to the sanitation collection crew, or on the alley line where applicable. The locations may be specified at the discretion of the City. Section 12-14. Unauthorized handling of garbage, trash or rubbish prohibited. (a) It shall be unlawful for any person other than the owner, employees of the City, or person operating under a permit issued in accordance with this Chapter to collect or empty garbage, trash or rubbish receptacles; and it shall be unlawful for any person to trans- port or cause the transportation of garbage, trash or rubbish on the public streets, alleys, or public thoroughfares of the City, in an uncovered or unenclosed receptacle or vehicle. (b) It shall be unlawful for any person other than the owner, employees of the City or persons operating under a permit issued in accordance with this Chapter, to disturb or tamper with the contents of any garbage, trash, or rubbish receptacle in the City. (c) All funk and other material in the sanitary landfill belong- ing to the City is the property of the City, and it shall be unlawful for any person to separate, collect, remove or dispose of any dunk . from the City Sanitary Landfill except under the written authority of the city manager. (d) It shall be unlawful for any person to enter the City Sani- tary Landfill except: city officials and employees; persons operating under permit granted under the provisions of this chapter; persons delivering their own garbage, trash or rubbish in automobiles and station wagons; subscribers delivering their own excess garbage, trash or rubbish from premise3 located within the corporate limits of the City of Denton; and persons paying the charges required by this chapter. (e) All burning of garbage, trash and rubbish in the City•s Sani- tary Landfill is prohibited and it shall be unlawful for any person to burn garbage, trash or rubbish on any portion of such grounds, or to -6- cause such a fire to be started. Section 12-15. Garbage, trash and rubbish to be drained. All garbage and all trash and rubbish mixed with water or other liquids shall be drained before being placed In the can or receptacle. Section 12-16. Preparation of trash, rubbish, tree limbs, etc., for collection. ,a) All trash and rubbish shall be placed in an approved recep- tacle. In the event trash and rubbish is of such nature that it can- not be placed in the receptacle it shall be prepared in units or pieces under fifty (50) pounds In weight and placed at a point designated by the sanitation division. All trash and rubbish must be protected from blowing, scattering or causing a nuisance. (b) Tree limbs, shrubs and hedge cuttings shall not exceed four (4) feet in length and shall be stacked neatly with one cut end to- ward the street. No unit or piece shall weigh more than fifty (50) pounds. Small pieces, small cuttings, and small loose material shall be placed in approved plastic bags. (c) The sanitation division shall make regular collections of trash and rubbish which has been prepared in accordance with this sec- tion, and if more than normal work is necessary in making such collec- tion, a reasonable charge shall be made for such service in addition to the regular monthly service charge. Section 12-17. Heavy or unusual accumulations not included in regular service. (a) Heavy accumulations such as brick, broken concrete, rocks, stones, ashes, lumber, clinkers, cinders, dirt, plaster, sand, gravel, automobile frames, dead trees and other bulky, heavy material shall be disposed of at the expense of the owner or person controlling same, or upon payment of the actual cost of such removal plus ten (10x) per cent of such cost to the City Sanitation Division. (b) Manure from cow lots, horse stables, poultry yards, fowl coops, pigeon lofts, other animals, and similar mattir, shall be dis- posed of by the owner or person controlling same under the direction of the City Sanitation Division. (c) The bodies of dead animals shall not be placed in solid waste containers or in any street, alley, easement or public way. The collection and removal of dead animal bodies shall be a service of the city and shall be furnished upon request or notification by any in- terested party. Requests shall be made to the animal control officer -7- (Section 4-25). (d) Brush, limbs, leaves and cuttings from trees and shrubs which have been trimmed or removed by a commercial tree trimmer shall be disposed of at the expense of the owner or person controlling the same, or upon payment of the actual cost of such removal plus ten (10x) per cent of such cost to the City Sanitation Division. (e) Construction material and other accumulations as a result of construction, remodeling, repairing or destruction shall be disposed of at the expense of the owner or person controlling the same, or upon payment of the actual cost of removal plus ten (10x) per cent to the City Sanitation Division. B. Chapter 12, Article II and the Sections contained therein are hereby deleted and amended by adding a new Article II, Sections 12-18 and 12-19 of said Article and Chapter, which shall hereafter read as follows: ` "Article II. Residential Collection Service. Section 12-18. Residential Collection.- Service Required; Penalty for non-payment. (a) Any owner, occupant, tenant or lessee of any residential premises in the City shall have garbage, trash and rubbish regularly removed by the City Sanitation Division. (b) The charges for such service shall be included on the monthly bill of the applicant, as determined by the utility deposit cr service application. (c) All utility service may be suspended upon failure to pay the required charges %4ithin ten (10) days from the due date of the bill, and it shall be unlawful for any person to accumulate garbage, trash or rubbish on his premises i„ a manner making same uncollect- able by the City, or to prevent such collection. Section 12-19. Charges for residential service. (a) As used in this section, the term "individual family unit" shall mean each side of a duplex, each one or more living units per sub-divided lot, each apartment in an apartment house up to and in- cluding four (4) units, and any unit or living space in which a single family resides. (b) The charge for collecting garbage, trash and rubbish from each individual family unit shall be $2.75 per month if a single unit: -8- $2.50 per unit if there are from two (2) to four (4) units inclusive on the sub-divided lot with one central pick-up point. All such fees are aubject to being increased by the sanitation division if more than the minimum service is required. (c) Multiple dwelling units having either water or electricity billed through a single meter will be billed a single ctiarge along with the single water or electric charge regardless of the occupancy of such multiple dwelling unit. Multiple dwelling units classified as fraternities, sororities, boarding houses and dormitories shall be charged as a commercial or institutional service. Any multiple dwell- ing unit which requires more than the minimum service described here- in is subject to having the charges increased by the City Sanitation Division based upon the additional required service. (d) Bills for service hereunder will be at the net monthly rata, payment of which is due on or before the due date shown on the state- ment. After the due date shown on the statement, the gross amount will be charged. The gross amount shall be the net amount multiplied by one hundred ten (110x) per cent. (e) All residential dwelling units shall use garbage bags as specified under Section 12-9 (b) and shall place such bags on the curb or alley line as specified by the City. (f) Containers (bags) may be placed in other locations acsignated by the City if no member of the household is physically able to place such containers on the curb line. Such exceptions shall be at the dis- cretion of the City. C. Chapter 12 is further amended by creating a new Article III of said Chapter containing therein new Sections 12-20 through 12-24, which shall hereafter read as follows: "Article III. Commercial Collection Service. Section 12-20. Charge for commercial or institutional service. Commercial establishments may subscribe for City collection of garbage, trash and rubbish, at the following rate: (a) The charge for the collection and removal of garbage, *.rash and rubbish from premise3 used for business, commercial or inatitu- tional purpos%s shall be from a minimum of $3.50 per month to a maxi- mum of -.e aotual cost to the City of the loadings hauling, and dis- -9- posing of same plus ten (10x) per cent of such cost. (b) The service charge shall be determined by the City Sani- tation Division and based upon the number of collections each week, the amount of garbage, trash and rubbish collected, and the manner in which it is collected. (a) Buildings or connected series of buildings containing more than four (4) dwelling units having either water or electricity bill- ed through a single meter will be billed as a single charge along with the single water or electric charge regardless of the occupancy of such multiple dwelling unit. Multiple dwelling units classified as fraternities, sororities, 'boarding houses and domitories shall be charged as a commercial or institutional service. Any multiple dwell- ing units or commercial establishment which requires more than the minimum service described herein is subject to having the charges in- creased by the City Sanitation Division based upon the additional service required. Any multiple dwelling unit having individual water and electric meters shall be billed individually at the residential rate. The charge for collecting garbage, trash and rubbish from apart- ment houses consisting of more than four (4) units, having individual water or electric meters shall be $2.00 per unit per month. (d) Commercial establishments shall utilize containers as speci- fied by the City. Containers shall be placed at the location dtsig- nated by the City. (e) If such owner or occuosnt elects to remove such garbage, trash or rubbish from his premises, by contract with a private hauler or with his owner vehicle, the requirements of Sections 12-23 and 12-24 shall be met, and such owner or occupant shall furnish the city secretary with the name and address of such private hauler. (f) Bills for service hereunder will be at the net monthly rate, payment of which is due on or before the due date shown on the state- ment. After the due date shown on the statement, the gross amount will be charged. The gross amount shall be the net amount multiplied by one hundred ten (110x) per cent. Section 12-21. owner to arrange for collection and removal. (a) Every owner, occupant, tenant or lessee of a house or build- Ing used for business, commercial or institutional purposes shall .10. arrange for the removal of garbage, trash and rubbish from the pre- mises not less than two (2) times each week, or as determined by the City Sanitation Division based upon each particular commercial or institutional use involved. (b) It shall be the duty of the owner, occupant, tenant or lessee of any premises to report the failure to collect properly pre- pared garbage, Urash or rubbish for a consecutive period of five (5) days to the city manager where the city sanitation division or the holder of a permit under this Article is responsible for the collec- tion; and if the owner, occupant, tenant or lessee of a commercial establishment or institution elects to regularly remove garbage, trash or rubbish from his premises, it shall be unlawful for such owner, occupant, tenant or lessee to remove such accumulations less often than required in this section. Section 12-22. Containers furnished by city for commercial and industrial concern. (a) The sanitation division may locate and place metal refuse containers for use by commercial and industrial concerns in accor- dance with the needs of the individual concern. All concerns for which containers are so provided by the city shall place all refuse and waste materials in such containers and shall not place waste re- fuse or garbage in any containers except those designated by the sani- tation division for their use. It shall be unlawful for any person using such containers to leave the lid open after placing refuse ma- t_:ial therein. (C) All boxes and cartons must be broken down, and placed in pro- per containers. (c) Maximum weight of container and contents shall not exceed 1200 pounds. (Net contents not to exceed 600 pounds.) (d) Charges for containers furnished by City: The following minimum charges will be made for containers furnished by the City: 2 cubic yard container 7.00 each per month 3 cubic yard container 9.00 each per month 4 cubic yard container ..............!i11.00 each per month The minimum charge $.;all include the cost of emptying the con- tainer one (1) time each week and disposing of the garbage and rubbish contained therein. The charges to be made for additional service (emptying containers and disposing of the gaitage and rubbish), shall be the actual cost to the city plus ten (10%) per cent of such cost. -11- Where more than one (1) commercial establishment uses the same con- tainer, the charges shall be pro-rated according to use, but in no case shall be less than $3.50 per month. The charges for containers shall apply to all types of approved use except apartment houses and residences served by containers. Such apart- ment houses and residences shall be charged the regular rate listed in this chapter. Section 12-23. Permit required for private haulers of garbage trash or rubbish; fee (a) Any person desiring to engage in the business of collection, re- moving or disposing of garbage, trash or rubbish in the City, and any com- mercial establishment which regularly disposes of its own matter, or any such person or firm disposing of such material at the city sanitary land- fill shall first make application to the city secretary for a permit. (b) Each application shall state the name and address of the appli- cant; the trade name under which the applicant does or proposes to do business; the number of vehicles the applicant desires to operate; the class, size and design of each vehicle; whether or not the applicant has been convicted of a violation of any federal, state or municipal law; whether or not the applicant, or any person, firm or corporation with whom he has been associated or employed, has a claim against him for dam- ages resulting from the negligent operation of a vehicle; the financial ability and responsibility of the applicant; the proof of liability in- surance in the amount of #100,000.00 for each person and $300000.00 dol- lars for each accident involving death or injury to percons or damage to property by reason of the negligent operation of s vehicle or vehicles upon the public streets and thoroughfares of the city; the nature and character of the service the applicant proposes to render and the appli- cant's experience in rendering such service; and such other information as the city secretary may require. (c) The city secretary shall make or cause to be made, such invests- gation of each applicant as he may deem necessary to determine whether or not the public convenience and necessity requires the granting of the permit. (a) If the city secretary determines that the applicant is a proper and fit person to conduct such business ano that the public con- -12- venience and necessity requires the service, and that the applicant meets all the requirements of this chapter, he may issue a permit which shall be nontransferable and may be rescinded upon violation of any ordinance of the City,.or any statute of the State of Texas. (e) All permits shall be permanently attached to the vehicle or vehicles used for the service, and shall be subject to inspection at all times by any public official. (f) There shall be an annual permit fee of $100.00 dollars payable in advance for the calendar year during which it is to be in force. This fee shall not be pro-rated for partial years. (g) Each private hauler shall provide the city secretary with a list of all establishments served, within the corporate limits of the city, stating the name and location of each, every three months so that a current list may be maintained by the city secretary. Section 12-24. Vehicles used by private haulers - requirements; three classes. (a) All vehicles used by licensed private haulers, non resident haulers and resident haulers shall meet the minimum requirement stated under the below described class which is most applicable. CLASS I. Persons engaging in the business of collecting, hauling and dispos- ing of trash, garbage and rubbish or commercial or institutional estab- lishments that provide their own such service shall use vehicles m=et- ing the following minimum requirements. truck body (1) All vehicles utilized shall have a metal, enclosed/that is comparable to that used by the sanitation division of the City of Denton. (2) This equipment shall he maintained and operated so as to pre- vent the spilling of liquid, trash, garbage and rubbish. (3) Containers shall meet all requirements and standards speci- fied in this chapter. Mechanically-hoisted refuse containers compar- able to those supplied by the city under Section 12-22 may be utilized. CLASS II. Contractors, tree trimmers and commercial establishments hauling non-putrescible material on a regular basis shall be considered special permit haulers and shall pay Sanitary landfill fees as provided for In this chapter. No license shall be required for this classification. -13- (1) Equipment shall be sj designed as to prevent any loss of trash, or rubbish through spillage, blowing or other means during collection and transport. Where necessary a tarp or other cover shall be provided. (2) In no case shall such equipment be used to collect or transport putrescible material. CLASS III. Commercial and residential subscribers hauling their own un- usual accumulations of trash, garbage or rubbish on an irregular basis shall use equipment as specified for Class iI haulers with the following exception: Putrescible material may be carried in a container that will prevent any loss through spillage or other means and that is not accessible to rats, vermin, rodents, etc. These classes shall at all times comply with all applicable city ordinances and state and federal statutes, and shall be cumu- lative thereof. (b) Private haulers shall meet the Class I vehicle require- ments not later than January 1, 1974. The requirement for Class II and Class III shall become effective immediately upon enactment of this ordinance." D. Chapter 12 is amended by adding a new Article IV to said Chapter which shall consist of Section 12-25, which shall read as follows: "Article IV. Burning of trash and rubbish restricted. Section 12-25. Declared Unlawful. (a) It shall be unlawful for any person to burn trash or rub- bish: (1) At any place other than within a proper incinerator which has been approved by the ciiy fire marshal. (2) At any place upon the public square or within one block of the public square. (3) Nearer than fifteen (15) feet to any residence, building or structure. (4) In any street or alley, or upon any public property in the City. -14. (y) In any place other than on private premises under the immedizte supervision of the owner or person in charge of the premises or some competent person designated by the owner or per- son in charge of the premises. (6) In any place or at any time other than that permitted by the regulations of the air pollution control board and the Clean Air Act of Texas, as amended. (7) At any time or place without a permit from the fire marshal. (8) At any time or place where wind conditions may create a hazard, or cause non-containment of burning matter. (b) Junk vehicles, salvage parts, scrap material, refuse, grass, paper, garbage, and all like substances and matter are con- sidered to be trash or rubbish for the purpose of this section. Firewood, kindling and charcoal or coal in a proper fireplace, pit or broiler are not considered to be trash or rubbish for the pur- pose of this section." E. Chapter 12 is amended additionally by adding and creating a new Article V, containing therein Sections 12-26 through 12-319 which shall read as follows: "Article V. Weeds on Private Premises. Section 12-26. Declared a nuisance. It shall be unlawful for any person owning or corcrolling any premises within the City, whether occupied or unoccupied, to suffer or permit weeds or grass to grow thereon to a greater height than twelve (12) inches on an average or in rank profusion, or to leave such weeds or grass upon any premises after the same are cut, and it shall be deemed a nuisance dangerous to the public health, and to the public sartty as a fire hazard, ror any premises to have weeds or grass above such height, or in rank profusion, or cut and left thereon. Section 12-27. Inspection of premises; notice to owner. (a) Upon being informed of any premises in violation of the terms of this article, the city health officer or his deputy shall Inspect the same to determine the facts and if a nuisance exists thereon as defined in Section 12-26, the city health officer shall notify the owner in writing and direct that the said weeds or grass be cut and removed from the premises within ten (10) days of such notice. (b) The notice may be in writing, or by letter addressed to such owner at his post office address, or by publication as many as two (2) times within ten (10) consecutive days. Section 12-28. Abatement by the City. If the owner fails or refuses to cut or remove the weeds or grass from his premises within ten (10) days as directed, or if personal service may not be had as aforesaid, or the owner's add- ress be not known, the city health officer shall immediately make arrangements by contract to cut and remove the weeds from the premises and shall keep a careful account of all expenses incurred, reporting in writing to the city.the total cost of the work. Section 12-29. Special assessment foM cost of abating weed or grass nuisances; notice and hearing. (a) The city health officer shall certify the order and per- formance of the work together with the total cost to the city secre- tary who shall issue either a personal notice, or a notice to be published in the official newspaper in the city, notifying the owner of the premises to appear before the city council for a hearing on a date to be fixed by the council, such date being at least ten (10) days after the notice, and to show causf why the said charge or cost stall not be imposed against said owner and his premises-as a special assessment. (b) If it appears to the council, upon the hearing, that the said charge is reasonable and covers only the cost and expense re- quired to abate the nuisance, the council shall levy a special -ib- assessment against the lot, tract or parcel of land upon which the nuisance existed and was abated, and the special assessment shall constitute a lien against the premises, and a personal charge against the owner, and the same shall be collected by th. tax col- lector as other taxes are collected in the City. Section 12-30. Statement of expenses to be filed with county clerk. In addition, the city health officer shall file with the county clerk a statement of any such expenses and the city shall have a privileged lien thereon, second only to tax liens and liens for street improvements, to secure the expenditures so made, and ten (10x) per cent interest on the amount from the date of filing. For any such expenditure and interest, as aforesaid suit may be instituted and recovery and foreclosure had in the name of the City; and the statement so made, as aforesaid, or a certified copy there- of, shall be prima facie proof of the amount expended in any such work or improvements. Se 12-31. Penalties. (1) Any person who shall violate a provision of thin k'"de, or fails to comply therewith or with any of the requirements thereof, or of a permit, license or certificate issued thereunder, shall be guilty of a misA.eaeanor punishable by a fine not less than ten (#10.00) dollars nor more than two hundred (=200.00) dollars. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, or continued, and upon conviction of any such violation such person shall be punished within the limits provided above. (2) The imposition of the penalties herein prescribed shall not preclude the City Attorney from instituting an appropriate action or proceeding to prevent an unlawful accumulation, collection and/or movement of garbage within the terms of the ordinance stated above, or to restrain, correct or abate a violation of said ordin- ance, or prevent an illegal act, conduct, business or use in or about any premises or any public nuisance or health hazard." -17- PART II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any per- son or circumstances is held invalid by any court of competent jur- isdiction, such holding shall not affect the validity of the remain- ing 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 III. lc+j , That this ordinance shall become effective -C/li~y a: ~97~ and the City Secretary is hereby directed to cause the caption of this ordinance to be published in the Denton Record-Chronicle within ten (10) days of the date of its passage. hh PASSED AND APPROVED this the day of G A. D. 1972. BIL s CITY OF DENTON, TEXAS ATTEST: Z- 'T CITY OF DENTON, TEXAS APPROVED AS LEOAL FORM: W F.ALP , C ATTO $ CITY OF DENTON, TEXAS -1R_ ,r . 3 - r '"~15, 33 • • s ..r -'~•a♦is ; SO .L , t T.~'.• ` to A-~ ~.~I • < s N0. -So AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON$ TEXAS, REGULATING THE MOVING OF BUILDINGS OVER, ALONG OR ACROSS HIORWAYS, STREETS AND ALLEYS IN SAID CITY; PROVIDING FOR PROTECTION OF THE CITY FROM DAMAGES ARISING OUT OF SUCH OPERITIONS; AUTHORIZ- INO THE CITY BUILDING INSPECTOR TO ISSUE PERMITS; PROVIDING FOR EN- FORCEMENT; AND PRESCRIBING PENALTIES FOR THE VIOLATIONS OF ITS PRO- VISIONS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding new Sections 5-16 through 5-24 to said Code of Ordinances which shall hereafter r as follows: Section 5-16. Definitions. For the purposes of this ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. (1) "Building" is a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, in- dustrial, institutional, assembly, educational or recreational pur- poses. Buildings not exceeding twelve (12) feet in width, sixty (0) feet in length, and thirteen feet six inches (13164) in height above the street level are exempted from this definition and terms of this Ordinance. (2) "Building Inspector" is the Building Inspector of the City of Denton, Texas. (3) "City" is the City of Denton, Texas. (4) "Person" is any person, firm, partnerhsip, association, cor- poration, company or organization of any kind. Section 5-IT,. Permit Required. No person shall move any building or portion thereof over, along or t.cross any highway, street or alley in the City without first ob- taining a permit from the Building Inspector; no moving shall be per- mitter. between the hours of 7:00 a.m. a49:00 a.m. or 4:00 p.m. and 6:00 p.m. Section 5-18. General Requirements. No application for any permit to move buildings or other over- sized loads will be accepted until the applicant shall have the following on file with the Building Inspector: (a) A bond, approved as to form by the City Attorney, exe- cuted by a bonding or surety company authorized to do business in the State of Texas in the amount of Five Thousand (;5,000.00) Dollars, conditioned upon the assurance that this and other appli- cable Ordinances and laws will be complied with. Such bond shall run uo the City and shall be conditioned on payment for any ex- petise or damage to public property; and payment of any expenses, damages or losses; resulting from any malfeasons, misfeasors, non- reasons, or negligence in connection with any of the activities up- on which a house moving permit applied for is granted. (b) In addition to the foregoing requirement for a bond, a liability insurance policy in full force and effect shall be re- quired in the minimum sum of Fifty Thousand (#50,000.00) Dollars for injury or death of one (1) person or One Hundred ($100,000.00) Dollars for injury or death to more than one (1) person from any one accident and the minimum sum of Twenty-Five Thousand (#259000.00) Dollars for property damage for any one accident and such policy shall contain a provision obligating the insurer to give written notice of cancellation not less than ten (10) days prior to the date of such cancellation to the Building Inspector. Section 5-19. Application. A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector. (1) Form. The application shall be made in writing upon forms provided by the Building Inspector, and shall be filed in the office of the Building Inspector. (2) Contents. The application shall set forth: (a) A description of the building proposed to be moved, giving street dimen- sions, number of roo~as candt conditionaofrexterior men- -2- :s . i and interior maximum height of building above ground level when mounted on moving apparatus; (b) A legal description of the lot from which the build- ing is to be moved, giving the lot, block, tract number, and street address, if located in the City; (c) A legal description of the lot to which it is pro- posed to move such building, giving lot, block, tract number, and street address, if located in the Cite or if outside the City the destination; (d) The portion of the lot to be occupied by the budd- ing when moved; (e) The highways, streets, and alleys over, along or across which the building is proposed to be moved; (f) Proposed moving Fate and hours; (g) Any additional information wh h the Building Inspec- tor shall find necessary to/air determination of whether a permit should be issued. (3) Accompanying Papers. (a) Tax Certificate. The owner of the building to be moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are free of any encumbrances and that all taxes and any City charges against the same have been paid in full. (b) Certificate of Ownership or Entitlement. The appli- cant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence, that he is entitled to the building. (c) Texas Highway Department Permit. The applicant sha?.1 file with the application a Texas Highway Department Permit for moving oversized load if any part of the proposed route is along a designated U. S. or State numbered highway route. (4) Fee. The application shall be accompanied by a permit fee in the amount of one and one-fourth cents per square font for each square foot of floor space in the building to be moved, or Fifteen (=15.00) Dollars, whichever is greater. Section 5-20. Deposits for Expeni.e or Damage to City. (1) Upon receipt of an application it shall be the duty of the Building Inspector to procure from the Utilities Department and other appropriate agencies an estimate of the expense that will be incurred in removing, replacing or altering any electric wires, street lamps, or pole lines belonging to the City or any other pro- perty of the City, the removal, replacement or alteration of which -3- will be required by reason of the moving of the building, together with the cost of materials necessary to be used in making such r--- mevals, replacements and/or alterations. Thereafter, prior to issuance of the permit, the Building Inspector shall require of the applicant a deposit of a sum of money equal to three times the amount of the estinsted expense, or Three Hundred ($300.00) Dollars, whichever sum is greater. (2) Additionally, said deposit shall be used as an idemnity for any damage which the City may sustain by reason of damage or in- ,jury to any highway, street or alley, sidewalk, fire hydrant, shade tree, traffic control device, utility line, or other property of the City, which may be caused by or be incidental to the moying of any building over, along or across any street of the City. Section 5-21. Duties of Building Inspector. (1) Inspection. Prior to the issuance of the permit, the Building Inspector shall inspect the building and the applicant's equipment to determine compliance with the standards listed below: (2) Standards for Issuance. The Building Inspector shall re- fuse to issue a permit if he finds: (a) That any application requirement or any fee or deposit requirement has not been complied with; (b) That the building is too large to wove without en- dangering persons or property in the City; (c) That the building has deteriorat:d more than fifty per cent (50x) of its original value by fire or other ele- ment, or is otherwise so structurally unsafe that it cannot be moved without endangering persons or property in the City; (d) That the building is structurally unsafe or unfit for the purpose for which moved, if the proposed location is in the City; (e) That the applicant's equipment is unsafe, unlicensed, or otherwise not in conformity with the law, or that persons or property would be endangered by its use; (f) That any municipal ordinance or other law would be vio- lated by the building in its new location; (g) That for any other reason persons or property in the City would be endangered by the moving of the building. -4- % ;(3) Fees and Deposits. (a) Deposit. The Building Inspector shall deposit all fees and deposits with the Director of Finance. All bonds and insurance policies shall be filed in the Building Inspector's Office. (b) Return upon non issuance. Upon his refusal to issue a permit the Buiiuing Inspector shall return to the applicant all deposits. A processing fee of Fifteen ($15.00) Dollars will be charged to defray expenses of inspection. Any permit fee in excess of Fifteen ($15.00) Dollars will be returned to the applicant. (c) Return upon allc*oance for expense. After the build- ing has been moved the Building Inspector shall fur- nish a written statement of all expenses incurred in removing and replacing all property belonging to the City, and of all material used in the moving and re- placement together with a statement of all damages inflicted upon property belonging to the City. Pro- vided, however, that if any wires, poles, lamps or other property are not located in conformity with governing ordinances or state law, the permittee shall not be liable for the cost of removing the same. The Building Inspector shall return to the applicant all deposits after the Director of Finance deducts the sum sufficient to pay for all costs, expenses, and damages to the property of the City by the moving of the build- ing. (4) The Building Inspector shall secure approval of the proposed route from the Utilities Department, Department of Public Works, the Division of Traffic Engineering and other utility service companies deemed advisable by him before issuing the moving permit. Section 5-22. Duties of Permittee. Every permittee under this ordinance shall: (1) Use approved route. Use designated streets and move the building only over the streets approved for such use in the written permit. (2) Notify of revised moving time. Notify the Building Inspec- tor in writing of a desired ~.-hange in moving date and/or time as pro- posed in the application at least 24 hours before the new moving time. (3i Notify of Damage. Notify the Building Inspector in writing of any and all damage done to property belonging to the City within twenty--four hours after the damage or injury has occurred. (4) Display Lights. Cause red 11yhts to be displayed during the Mght time on every side of the building, while standing on a street, in such a manner as to warn the public of the obstruction. Erect and maintain barricades across the streets in such manner as -5- % to protect the public from damage or injury by the moving of the building. (5) Street occupancy. Remove the building from City streets after forty-eight hours of such occupancy, unless an extension is granted by the Building Inspector. (6) Comply with Governing Law. Comply with all applicable ordinances and laws upon relocating the building in the city. (7) Provide for Escort. Provide such escort as may be required by the Building Inspector to accompany the movement of the building to protect the public from injury. (8) Clear the old premises. Remove all concrete slabs, foun- dation remnants, rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a sanitary condition. (9) Remove Service Connection. Permittee shall notify all utility service companies to terminate and remove their services, and obtain from each utility service organization a release stat- ing that all service connections have been properly removed from the premises terminated. Section 5-23. Enforcement. (1) Enforcing Officers. The Building Inspector, the Police Department, the Utilities Department, and the Department of Public Works shall enforce and carry out the requirements of this ordinance. (2) Permittee liable for expense above deposit. The permittee shall be liable for any expense, damages or costs in excess of de- posit amounts of securities, and the city Attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such expenses, damages or costs. (3) Original premises left unsafe. where permittee does not comply with leaving the original premises in a safe and sanitary condition, the City shall proceed to do the work, and the cost there- of shall be charged against the general deposit. -6- Section 5-24. Penalties. (1) Any person who shall violate a provision of this Code, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not less than ten ($10.00) dollars nor more than two hundred ($200.00) dollars. Each such per- son shall be deemed guilty of a separate offense Por each and every day or portion thereof during which any viclation of any of the pro- visions of this code is committed, or continued, and upon ccnvittion of any such violations such person shall be punished within the limits provided above. (2) she imposition of the penalties herein prescribed shall not preclude the City Attorney from instituting an appropriate action or proceeding to prevent an unlawful movement or relocation of a building within the terms of the ordinance stated above, or to restrain, correct or abate a violation of said ordinance, or pre- vent an illegal act, conduct, bwsiness or lse in or about any pre- mises. PART H. 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 re- maining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remain- ing 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 di- rected to cause the caption of this ordinance to be published in the Denton Record-Chronicle within ten (13) days of the date of Its passage. -7- PASSED AND APPROVED this the 24th day of October, A. D. 1972. .r~J{: fig SILL~~NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: BROOKS OLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: I RALPH , CITY ATTORNEY CITY OF DENTON, TEXAS _g. 1 + „t .~~L. F. d • rKf E ALL T ' ♦t \1 'lA lj.. ~ '.1 ~S II • IS tYJ~ LL Cf- .=r• a ti 1 x.1\T l~i~l , U >_'aL^~,T ~ .•r ~ ~~Y `t, w a ' ~ 0 f.r THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X 18145 WHEREAS, the undersigned is the fee simple owner of a certain tract of land situated in Wm. Lloyd Survey, Abstract No. 773 in Denton County. Texas; and WHEREAS, it is necessary, convenient and beneficial for the undersigned for the development of such property to grant certain street rights of way and utility easements to the City of Denton, Texas, a municipal corporation, for the purpose of installation of certain street and utility improvements and the maintenance and reconstruction of such facilities; now, therefore, The undersigned, William J. Miller the fee simple owner, for and in consideration of the benefits accruing to the remainder of the property abutting upon the hereinafter described property, do hereby dedicate to the City of Denton, Texas, a municipal corpo- ration, for public purposes, use and benefit as a right of way fcr street purposes and for the purpose of installing, maintaining and improving utilities, the following described property: All that certain lot, tract or parcel of land lying and being sit- uated in the City and County of Denton, State of Texas, and being part of the Wla. Lloyd Survey, Abstract No. 773, and being part of a tract of land called "Second Tract" as conveyed from Wayne Ryan and Shelton Ryan to William J. Miller by deed dated May 2, 1969, and recorded in Volume 585, Page 147 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at a point in the north boundary line of said Miller Tract, same being the sou right of way bf U. S. Highway 380, said point of beginning being 4.6 feet north 88" 26' west of the northeast corner of said Miller Tract and also being the northeast corner of a tract of land as conveyed by William J. Miller to Don Johnson Oil Company by deed dated August 6. 1971 and recorded in Volume 628, Page 25 of the Deed F-.cords of Denton County, `.exas; THENCE south 88" 26' east along the north boundary line of said Miller Tract, sane being the south right of way line of U. S. Highway 380, a distance of 50.01 feet to a point for a corner; THENCE south 1" 221'05" east-t 50.0 feet east of and parallel with the east boundary line of said Don Johnson Oil Company Tract, a distance of 110.0 feet -40 a point for a corner; THENCE north 88" 26' west a distance of 50.01 feet to a point for a corner, same being the southeast corner of said Don Johnson 011 Com- pany Tract; THENCE north 19 .22' ~W" oesc'-, along the east boundary line of said Don Johnson Oil Company Tract, a distance of 110.0 feet to the place of beginning and containing 5,500 square feet of land, more or less. Ong TO HAVE AND TO HOLD unto the City of Denton, Texas, a munici- pal corporation, its successors and assigns forever. EXECUTED this the day of - / , A. D. 1972. WILLIAM J. MIL R 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 William J. Miller, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. "PVEN UNDER MY HAND AND SEAL OF OFFICE$ This the day A. D. 1972. ~fY t i'~~ i~ DBNTON PUB IC, T EMS FOR s Emma ;l . J f r +I f -For-instrument l:o. 18145 - lliam J. %*;11er to City of Denton1 3 CERTIFICATE OF RECORD TIIE STATE OF TEXAS 1. TIlLFA PARKER, Clerk of the County Court in and for said S COUNTY OF DENTON county, do hereby certify that the foreggooi/ing instrument of rrr 4 oil %ith its certificate of authenNca- lion was filed f r record the.......... 13.1W ....day of... 1C ?'!..•.A D.. 19744 oclock....... D.tayof.....`......... ...a.D.~197.. _..at//.'00 ti., and duly recorded the..IOlfi1 o'clock ......h....M.,inVdume..°'l. ......Page.S...:...:~.ofthe....... ! Reco:_r: of Dento ounly, Teens Hess my and seal of office at Denton, Texas, the day and year last above wrtten. THETA PARKER ey„•,__q Deputy Clerk of the County Court, Denton Co., Texas r r , e.' • ..1• , ~.t y~ • All, # srxol . * yet 'lux R:un03 O0 10 tytdep _~~y_~.._. v Yd %.4141 R A •u „ agtw OAI 1514 )rak pvo LFp s s 'S 'vcluaa n sylso 10 Yi7[il 'WIVa0 t0 to l -a+J'... Y... - t..~.~• N, OLC piI Jot >«4 srxlee 14~'a too Mw! 8uata bpV" . , f uorMO to A~~ Pin J11 pw N ArjAI on A* PRO '83 of Y13KL 1 en~l ly eN1S oqL COW34 d0 31 tl31 crooo - I - - _ ~:d.►+acsrstixArNit't~-71ty►wiRMita•is`ii~i=!ss3a~.'i~'~1)~'~:, , 70 110 ON G37y V41. , N4 i y - AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 24TH DAY OF OCTOBER, A. D. 1972. R E S 0 L U T 1 0 N WHEREAS, it has been heretofore recommended that Aubrey Reser- voir be completed and full by 1980, due to the fact of urgent need based upon hydrological studies of the watershed yields and the Master Plan of the water dis- tribution and production systems which indicate that the safe drouth yield of Garza-Little Elm Reservoir will be completely utilized before 1`75, and WHEREAS, the Congress of the United States has authorized the Corps of Engineers to make advance studies of the Aubrey Multi-Purpose Lake for :rater supply, water quality control, recreation, and fish and wildlife, and WHEREAS, the Texas Water Rights Commission by Board Order dated June 4, 1969 designated the City of Dallas, Texas, and the City of Denton, Texas as cooperating local sponsors, and WHEREAS, a public hearing will be held by the Corps of Engineers on October 27, 19721, at Denton, Texas, at which time in- terested parties are invited and urged to express their views and to furnish specific data on matters pertinent to the project including technical, economic, and ecolo- gical and environmental material, and WHEREAS, the health and well-being of the citizens of Denton are dependent on the furnishing of adequate supplies of water, and WHEREAS, North Central Texas is a water short area and in order to provide adequate supplies of water for the City of Denton and it is necessary to fully develop the water production capability of the Elm Fork of the Trinity River and to recognize that at some future date, reuse of water and importation of water from other stream basins will be necessary, and WHEREAS, Aubrey Reservoir is important to Denton as the most readily available source of future water supply. Denton's share of the yield from Garza-Little Elm Reser- voir is enough to satisfy about 2/3 of the requirements of the City's 40,000 residents. The balance is being obtained temporarily by purchasing hart of Dallas' share of the Garza-Little Elm yield. After about 1980, Dallas will need all of its portion of the Garza-Little Elm yield. Aubrey Reservoir is the only reasonable prospect for the necessary additional supply for Denton. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TE*4AS: SECTION I. That the City of Denton reaffirms the paramountcy of development of the maximum water use potential of Elm Fork Trinity River by the construction of addi- tional impoundment capability. SECTION II. That Bill Neu, Mayor of the City of Denton be and hereby is authorized and directed to express the objec- tive of the City of Denton to further develop the water supply capability of Elm Fork Trinity River. SECTION III. That this Resolution shall take effect immediately from and after its passage in accordance with the previsions of the Chatter of the City of Denton, Texas, and it is accordingly so resolved. PASSED AND APPROVED this the 24th day of October, A. D. 1972• BILL NEU* MAYOR CITY OF DENTON, TEXAS 4T'^:'.JT ~ AA WO-O HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS LEGAL PORN: 6W a 4RAP , I T EY CITY OF DENTON, TEXAS -tip; t1 - 3 - d 7d i v i - r i THE STATE OF TEXAS, _ -1921t COUNTY OF DFYiYN KNOW ALL MEN BY THESE PRESENTS. 111 THAT Archie Wilkerson of Denton County, Texas . in consideration of the sum of Che and No/100 ($1.00) Dollar---------------- and other good and valuable eonskkratio: in hand paiJ by the City of Denton, Texas receipt of whieh 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, 11 owned by him . Situated in Denton County, Texas, in the Wesley Pogue Survey, Abstract No. 1012 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 that tract of land bounded on the South by Lots 1, 2, 32 f, 4, Block J, Northwood Subdivision, Extension S and extend- ing Pirrth to the centerline of Cooper Creek, said centerling being the South boundary line of a tract of land as described in Deed of Trust dated July 31, 1964, from First Texas Western Corp. tc San Jacinto Mortgage and Trust, records of Denton Canty, Texas and more particularly described as follows, to-wit: Beginning at a point in the northeast corner of Lot 1, Block J of the said North- wood Sub. and in the west line of Old North Road; TID7VCE N0037117"E with the west line of Old North Road a distance of 70 feet to a point for a corner in the northeast corr..-!- of a tract conveyed to Archie Wilkerson fray Denton Development Co. by deed dated Cctober 19, 1972; IHEW E N7So3614Y W with said Wilkerson line a distance of 3SO feet to a point for a comer; Ti4ENCE S67058117'W with the said Wilkerson line a distance of 225.08 feet to a point for a corner in the northerly :ine o Lot 4 Block P of Korthwood Sub. No. 7A; IHEWE S43049140"E with with the said northerly line a dirtance of 91.04 feet to the most easterly northeast corner of said Lot 4; sane being t to northwest comer of Lot 4, Block "J"; THME N670S8'l7"E with the northerly line of said lot 4, a distance of 179.6 feet to a point for a corner; IMM S7S°36'43"E with the northerly lines of lots 3,2, and 1 a distance of 304.39 feet to the place of beginning. And It is further agreed that the said in conMeration of the benefits above set out, will remove from the property above descnUd, such fines, bufflings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairirg and perpetually maintaining drainage aid sanitary sewer facilities 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 iagm3. egress, and regress in, along upon and across said premtaea for the purpose of making additions tn, improvements on and repairs to the said drainage and sanitary sewer facilities any part thereof. TO HAVE AND TO HOLD unto the aaN City of Denton, Texas as afor.4eaid for the purposes atoresakl the premium above described. Witness ha%.d . this the :2012 of f;obey ` =D i~ Awn WIim.SCN SINGLE ACKNOWLEDGMENT , THE STATE OF TEXAS BEFORE LIE, the undersigned authority, COUNTY OF..._DENTDN. In ALId for said County. Texas, on this day personally appeared CHIE..HILXERSO.. known to mc to.VAbe person whose name i8 subscribed to the foregoing instrument, anal acknowledged to me that be 'citecuW the same for the purposes and consideration therein efprrsscd. GIVE\ UNDER JIY HAND AND SEAL OF OFFICE, This - 3 ~ do •.0 0 OBER . , A.D, 19 72 Notary Public, DEI9410N _ County, Texas My Commission Expires June 1, 19. JOINT ACKNOWLEDGMENT THIS, STATE OF TEXAS„ BEFORE ME. the undersigned authority. is and for said County, Texas, on this day personally appeared. and.-_. _ - his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to we tbe.c they each executed the same for the purposes and consideration therein expressed, and the said.. _ . . wife of the said_ .............--•----•---•-----..-baying been examined by we privily and apart from her husband, and having the same fully explaine.1 to bar, she, the said.. . . -acknowledged such instrument to De her act and deed and she declared that she bad 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_..... Notary Public, Coua!y. Tema )ly Commission Expires June 1. 19._._ WIFE'S SEPARATE ACKNOWLEDGMENT THE SPATE OF TEXAS, 1 BEFORE ME. the undersigned authority, COUNTY OF. _ J In and for said County. Texts, on this day personally appeared - , wife ol....._-----_._._--_........_........... . known to au to be the petscn whose name b subscribed to the foregoing instrument, and having been examined by me privily and apart from her kusband, and baying the same fully explained to her, she. the said acknowledged such instrument to be her act and deed. and she declared that ,Aa had willingly signed the some for the purposes and c,.naiderstion therein expressed, and that she did u4 wish to retract it. GIVEN UNDER MY HAND AND SEAL of._._......._.._._._..._...._. r A.D. 19 Notary Public, Tens My Commission Expires Juno 1, I9_._..__ CLERK'S CERTIFICATE THE STATE OF TEXAS, 1,..2G~ ._.A!Z-~? County COUNTY OF_...Fi._ I....... I Ck of the Count- Court of said County, do hereby certify that the foregoing instrument of writing dated on the 7/1.?A day of....... Q..AC fb.-. A. D. hi , with its Certificate of Authentication. was filed for record In my the..A'd day of.. / A. D. 19. Ao att15o'clock_ l ` N., and duly recorded thin. ...day of ~7Y`........... A. D. 191A... atlf. OpSo'dock A ......1[j} in the o ...Records of said County. in Volume .`!'s on pagea..54.. WITNESS MY HAND AND SEAL OP TAKE COUNTY COURT of said County, at ofte in...._!t/._.. n........_ _,7 the day and year list ve tten. > - Comnty __....County, Texas. Deputy. I i ~ Y 7 INN M ~a~It-t SOW ai C041 FILED' z I b 1[ S' E ~'o' eta € i1V Ali! . 8a 0 i ItP T~ E KER CLE YOWAL BLIP Received of the City ONWO my of the City of Dw%ton.* Texas, the f*Uovin$ described instruwnt or document from, the files of the City of Deacon: xmw* 4 7o I TITU r~ i 1 94.u vxe-ersigeQ N-erpby saeumaes A ,00210U regicnarbill4so= ive UZOO safekeeping rr of xrcr receivoil, i f 7 10 7A Y- CIA S ~ c( t No. . y 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 12 AND 13 OF BLOCK NO. 108, 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, HEREBf 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 here',y amended as follows: All the hereinafter described property is hereby removed from the "MF-1" Multi-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 "0" Office District in the same manner as other property located in the "0" Office 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 Lots No. 12 and lj of City Block No. 108 and being further described as being located in the northeast quadrant of North Locust Street and Hann Street. 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 crelfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the di:.trict 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 maximum bene- fit to the City of Denton, Texas and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required pubic 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 10th day of October, A. D. 1972• L_. MAYOR CITY CF DENTON, TEXAS ATTEST: KS HOLT3, CITY SECRETARY C Y OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: 24ow W. ' 40. RALPH CITY ATTORNEY CITY OF D TON, TEXAS •sa uj i,.. ~t •r ~ 0 ' LP V b' ' Ilk 7 Y µ 1 L,. C 7 y~.. YF ps ~ . 4 ~ ti-i • c~ a ~ ~ Y,S .1• i• it.'+~T + ° ~ •i.C !Y u'~7 Y ~ . ti ~P~iY ~.i ; Yt''; 'i ~-'^'7 %`412~ ~Cl t i 's". 44 ~ Y NO. • AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TSXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORLINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE N0. 69-1, AND AS SAID MAP APPLIES TO LOT NO. 373, CITY BLACK NO. 285, 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 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 "A" Agricultural District as shown on said Zoning Map, and all provisions of Ordinance No. 691, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as "SF-10" Single Family District in the same manner as other property located in the "SF-10" Single 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 No. 37 of City Block No. 285 and be-ng further described as being located in the 2600 Block of Teasley Lane. Dimensions of this tract being 600 feet along Teasley Lane and approximately 2000 feet east from Teasley Lane. 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 appropriate uses of land for the maximum bene- fit to the City of Denton, Texas 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 10th day oof~f~'October, A. D. 1972. B L NEU, MAYOR CITY OF DENTON, TEXAS ATTEST: "sel R OLT, VITT SECRETARY CITY OF DENT(N, TEXAS APPROVED AS TO LEGAL FORM: Z.~2& 1 M, RALPH CITY ATTORNEY CITY OF DENZ * TEXAS 3 a -6 70 ✓ V • t r . •S' ,.k,r Ilk M -M A)Ph r:, i • 1 • - THE TRAVELERS INDBINITY COMPANY Ilarifonl, Connecticut i Continuation Ceriificale The Traces lrrdcmnil} Company (hereinafter llnl .M etv)«iNconsideration of the payment of the premium of Ten and Na70-t - Dollars Is 1 10• hereby cc in eroto`ieruatiotlal Lta ' bond numbered 90 on bebal.'of Charlotte, N, C. inf. City , T"as for the ~endedrperiod. bcgiqjng 0.1 the 1 day of er 19 1 . and ending on the day of 19" subject to the terms, conditions and limitations of said hood. This continuation certifrrate is executed upon the express condition that the Surety's Iialdlity under said bond, together with this and all precious continuation certificates shall not be cumulative and shall in no e%rnt exceed the amount specifrerlly set forth in said bond or any existing certificate changing the amount of said bond. Signed, scaled and dated this IM Ootober Sig 12 ING* Per pa! TIIE r ELERS IM) IMMITY COMPANY By. Attorney-err-Forw 71 2"q - : Nang Be Tipf S4" REV. 747 DOOM m u.l.A. i ^o~P 1~ _ .•:x~ 1r a .: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 10TH DAY OF OCTOBER, A. D. 1972. RESOLUTION AUTHORIZING THE APPOINTMENT TO THE HICKORY CREEK WATERSHED-DENTON COUNTY COMPREHENSIVE WATER AND SEWER PLANNING COMMITTEE WHEREAS, pursuant to the provisions of Article lOllm, Revised Civil Statutes, State of Texas, and the Bylaws as adopted by its member governments, the North Central Texas Council of Governmenta is the duly authorized and designated agency for the performance of areawide planning witnin the North Central Texas Region; and WHEKFAS, the Cities of Argyle, Corinth, Denton, Hickory Creek, Krum, Lake Dailas, Shady Shores, and the Lake Dallas Municipal Utility Authority have .expressed a desire to undertake planning for a compre- hensive sewer plan; and WHEREAS, the North Central Texas Council of Governments being desirous of assisting in the preparation of such a plan in order to: (1) aid its member governments, (2) promote efficient and orderly development, and (3) provide the information necessary to avoid overlapping, duplication, underdesign, or overdesign of the com- munity water and sewer facilities that may be constructed in the area ^.overed by the plan; and WHEREAS, the Executive Board of the North Central Texas Council of Governments has authorized the preparation and submission of an appli- cation to the Department of Community Affairs for partial funding under the °707" Program for assistance in this comprehensive planning effort; and WHEREAS, the cities stated agree to provide the regaining monies necessary to complete the preliminary planning. NOW, THEREFORE BE IT RESOLVED: SECTION I. That the City Council of the City of Denton, Texas, hereby appointts representatives to the Hickory Creel: Wa::ershed-Denton County Comprehensive Water and Sewer Planning Commitise, representing the City of De ton are as follows: MEMBER MEb BER SECTION II. That the City Council of the City of Denton hereby endorses the above application for financial assistance and requests the Texas Department of Community Affairs to give favorable consideration. APPROVED AND ADOPTED This the 10th day of October, 1972, by the City Council of the City of Denton, Texas. BILL NEU$ MAYOR ATTE CITY OF DENTON* TEXAS 0 S MOLT, CITY SECRETARY APPROVED A LEG L FORM: P , CITY ATTO R'1°- i •a~,, vT f . 1~6 ~ ♦j. .lam-.= R . t SHE STATE OF TEXAS, KNOW ALL BIEN BY THESE PRESENTS: COMM TOF DENTON THAT EAGLE-PICHER INDUSTRIES, INC. 18M Of Denton County, Texas , in consideration of the sum of One Dollar ($1-00) and other good nerd valuable consideration in band paid bythe City of Denton, Texas receipt of which is hereby aekrowiedged, do by these presents grant, bargain, sell and convey unto tothe City of Denton, Texas . the free and unin:•rrrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by It . Situated in Denton County, Texss, in the 0. S. Brewster Survey, Ab •'Act Na 56 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the 0. S. Brewster Survey, Abstract No. 56, and being part of a tract of land conveyed frcm Joe R. Abbey and wife Alice Abbey to Eagle-Picher Industrie Ir,c., by :feed dated July 10, 1972, and recorded in Volume 650, Page 445 o the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the northeast corner of said tract, said point of beginning lying in the west right of way line of Interstate Highway No. 35W at its intersection with the north boundary line of said 0. S. Brewster Survey; THENCE south 170 25' 30" west, along the east boundary line of said tract, same being the west right of way line of Interstate Highway No. 35W, a distance of $00.00 feet to a point for a corner, same being the southeast corner of said tract; THENCE north 870 56' west, along the south boundary line of.said tract, a distance of 20.74 feet to point for a corner; THENCE north 170 25' 30" east, 20.00 feet west of parallel with the east boMidary line of said tract, a distance of 277.91 feet to a point for a corner; THENCE north 870 56' west, 16.00 feet sou of and parallel with the north boundary line of said tract, a distance of 205.26 feet to a point for a corner; THENCF north 2° 4' east, a distanc of 16.00 feet to a point for % corner in the north boundary line of said tract; THENCE south 87° 50 east, along the north boundary line of said tract, a distance of 226.0e feet tsb the place of beginning and containing 9,174.20 square feet of lwid, more or less. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpr:t-.ally maintaining public utilities, in along, upon and across said premises, with the right and privilege at all times of the grantee herein, Lis or it* agents, employees, workmen and representatives having ingress, egress, and regress hk along upon and across sail premises for the purpose of making additions to, improvements on and repairs to the said panny pia t uht~fties, or TO DAVE AND 'a'0 HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the prandses rbovs described. Witaw . 'our hand . this the %~EIc• day of October . A. D. 1972 . ATTEST: EAG CHER INDUSTRIES, INC. _ ~ ~ v 70- SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF DENTON BEFORE ME. the tndcnignrd authority, in and for sold County Texas, on this day personally appeared JOhri Singleton, General Manager.- i &Ad-offf 414,20' er. known person w•hp nano S. subscribed to the foregoinic instrument, and acknowledged to me that Uri the same fot~he purposes and consideration therein expressed. (;)V%A UNDER N~\,1Y IIAAD AND SEAL OF OFFICE, This 12th d•y of O tobex . , A-D. 19 72 Notary Publ• - DE'rit011 ` County, Texas bly Commiss[on Expires June 1, 19 73 JOINT ACKNOWLEDGMENT THE STATE- OF TEXAS, 1 BEFORE IAE, the undersigned authority, COUNTY in and for said County. Texas, on this day personally appeared..---- _ and Ws s wite, both known to me to be the persons whose nsmes are subscribed to the foregoing instrument, and aekmowkdged to we that they each executed the same for the purposes and consideration therein expressed, and the said _ Kite of the _ baring been examined by me privily and apart from her husband, and having Ma same fully explained to her, abe, the said.. adnowledged such instrument to be her act and deed sad she deviated that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wisS to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This- day of A.D. W. Notary Public, County, Texas Hy Commission Expires June 1. WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE NE, the undersigned authority, COUNTY OF _ I to and for said County. Texas, on this day personally appeared.-._ wife of_.-.._.._.....__---••_.._...............-•-•------_._--- _ Irnown to ere to be the person- whose name is sobecribtd to the foregoing instrument. and hsvint been examined by me privily aad apart from her husband, and having the same fully explained to her, she, the said . - aeknowledged sueh instrument to be her act and deed. and i - she declared that she bad willingly signed the same for $be purposes and consldersUon therein expressed, and that she did not wish to retract it . GIVEN UNDER MY HAND AND SEAL OF OFFICE,Thls._...._.______.-.day of..__.-._--_--•--..__...., A.D. 19........... (LS) Notary PoNk, Texas my commission Expires June 1,19_.._ CLERK'S CBRnnCATE THE STATE OF COUNTY Qeik of ~tth/e County Coon of sal Canty, do hereby entify that the foregoing instrument of writing dated on the d...... . _ . D. 197.►2. with its Certilkate of Aotheatieation. was tiled for _ rseord la my odes on day at.-._._.. 04 , A. D. l9. rJ.~? . at/.-.?/ ecloek... R--1f., and duly raoorded iHs._ _7 day Ot _ A. D. 19.71 , at i O'doek_ .P...... 11, in the _.4~GF~ .............._._........_.--Records of acid County, in Volmae. ...~!S.?_. on pages......?/P WITNESS MY BAND AND SEAL OF THE COUNTY COURT of said County, at odoe In.._._.~. ..._r.-- Poo &a day mad ye,r last 5vee ""ea. T-aI~czc._~_.._ CMBty s ...-..-...Gang, Texas. (L►S.) By-.,iS~r~ - Deputy. It e- :i CC77 Ei i Z 8 II IP i w ~ 1 NOW • x ! ~tl008Aj 1 4NI Y ^ E i I ~ , It C.40w.*,IT CLJItII p"U" mauve" *I,. Dow THE STATE OF TEAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON That the City of Denton, Texas, a Municipal Corporation 18944 of the County of Denton and State of Texas , for and in consideration of the suntof One Dollar ($1.00) to it inhasridpaidby Henry Thompson, Allie 1. Miller S William M. McRae, k Jr. 1 of the County of Denton and State of Texas the receipt of which is hereby act-nov►letiged, do, by these presen►~ BARGAIN, SELL. RF,I.FASF. AND FOREVER QUIT CLAIM unto the said Henry 'ihumpsun, Allie Miller Ir W.illiam M. McRae, Jr. their heirs ar3 assigns, all its right title and interest in and to that certain tract or par- cel of land lying in the County of Denton and State of Texas, described as follows, 1 to-Kit: l All 1.11:11. ,•r!•L:IIit 14,) , 1.1•a,:L 4,1• I1a1-4•r l II l' I:Irul 1p itlF•. :unl 1 arIl11• .:1 Ln:11.tail in 111.• CII.y :curl Comity „I' U1-rtturr, •:I.tLi. 1,1' '1'1•X'1::, tn•in}t :1 part 01' the }i 11.It.It. C. It. lt. :strw•yI All.;LI-a 4!t 114) 1111,, :Isla III •iIII, :r I,-1 rt. III' a tr:e4;L oi' 1:13 141 r•ull yr-y4-41 Iby TI': 111::-lir•III a l bill naI Iy 111,•. • 11, II, •II I-y IN I, - ii t,::111 r, 1.•1. :I I by 41•`4 ,I 11:1L141 Way 11170, :11141 ref-ov1to(i 111 V1111r1111• ot1.', 1,:1ltc 1109 111* the Deelt lirrurll:: ul' U1•111-un Colv1Ly, :dill being move I,ru•ticul rrly dcacrlbed 1 : t:: I>, I [ uw:: j hI.CIIJNINC at, th%~ northeast corner of -aid Thompsonl Tract, said point of beginning lying in the west right of way line of Elm Street a distance of 152.0 feet south of the south right of way line of College St.-eet; THENCE: south with the east boundary line 1,° said tract s distance of ' 16.0 feet to a point for a corne:•; THENCE west 16.0 feet south of and parallel with the north boundary line of said tract a distance of 162.2 feet to a point for a corner in the ' west boundary line; i; THENCE north with the west boundary line a distance of 16.0 feet to a point for a corner; ~I THENCE' east a distance of 161.2 feet to the place of beginning and cor.- ' taining 2595.2 square feet of land, more or less. i 1 .r TO IIAV1: AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said Henry Thompson, Allie 1. Miller & WtlliFm in. McRae, Jr. their heirs and assigns, forever, so that neither the said City of Denton, Texas nor hewgmg any person or persons claiming under It shall, at any time hereafter, 1 have, cWto or demalyd any right or title to the afombaid premises or appurtenan cs, or any part :here- 111, of. { .6.1 "•'••:.4XlTNI•SS our hand at y 411' Denton, Texas this J ff 19~y day of L s f A. D.19 72 4 • ~ Wilneeecll af~ltcyuellt of Grantor: CIT.Y .OF.- DI':NTION, TEXAS.... 1411.1, II, N MAYok ~ ~ 0 ~ ~ ~ N 1 t THE STATE OF TEXAS, ~ COUNTY OF DENTON I KNOW ALL MEN BY THESEPRESENTS: THAT VICTOR EQUIPMENT COMPANY of Denton County, Texas . in consideration of the sum of One and no/100 ($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 grank bargain, BOB 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 It , Situated in Dent un County, Texas, in the Survey, Abstract No. All that certain lot, tract or parcel of land lying and being situated in th City and County of Denton, State of Texas, being a part of the Eugene Puch- alski Survey, Abstract No. 996 and being a part of a tract of land conveyed by J. Newton Rayzor to Victor Equioment Company by Deed dated March 15, 1965 and recorded in Volume 521, Page 565 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at a Foint in the west right of tray line of the service road of IH 35W, said point also being at the intersection of the north right of way line of a railroad spur tract and the south boundary 11-ne of the Victor Equi ment Company Tract; THENCE north 1039' east along the west right of war line of service road of IH 35W a distance of 147.45 feet to a point for a •:orner; THENCE north 18056' west along the west right of w:.V line of service road of IH 35w a distance of 80.90 feet to a point for a corner; THENCE south 7104' west a distance of 10 feet to a point for a corner; THENCE south 18056' east along a line parallel to, and 10 feet west of aforesaid west right of way line of service read a distance of 79.083 feet t a point for a corner; THENCE south 1039' west along a line parallel to, and 10 feet we:,t of afo - said west right of way line of service road a distance of 156.636 feet to a point for a corner in the north right of way line of aforesaid railroad spur track and the south line of aforesaid Victor Equipment Company Tract; THENCE along a curve to the left in the aforesaid north right of way line of a spur track and south line of Victor Equipment Tract (said curve having a central angle of 2014157" anti a radius of 378.753 feet$, a distance of 14.868 feet to the place of bei:inning, and containing approximately 2,320 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 oak will remove from the property above descri)ed, such fencer, bnildiagB sad 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,nponand across said premises, with the r1gSt and privilege at all times of the grantee hereim his or its agents, employees„ rorkmen and represeatstlves having ingress, egress, and regress W. along upon and across said premises for the purpose oS msldog additions to, Improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the a W City of Denton, Texas as aforesaid for the purposes afotra4W at above described. gitum our•=•a•, 410 ,22nd Asy of October , A. D. 18 72 . ATTEST: ~I VICTOR EQUIPMENT C Y s BY: SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF__.~r"_+_*.o^~.______.._-_} BEFORE ME, the undersigned aatbority, In and for said County, Texas, on this day personally appeared _ Rd✓.Xf1 kagwn Wtoe'teke the person. --..whose nne subscribed to the foregetng instrument, and acknowledged to me f *tY.hfPUB" ted th± state for the purposes and consideration therein a pressed. Ay G N'Z IlR DAY HAND AND SEAL OF OFFICE, This... day A.D. 19 _'f_r r • r ~7K,Ef f~~ Notary Public . .o>?<.e:.r+eS County, Texas lily Commission Expires June 1, 192..!. •°1 JOINT ACKNOWLEDGMENT S -§Pt4W.46F TEXAS, C t~'~r BEFORE ME, the undersigned sutbority, h in and for said County, Texas, on this day personally appeared _ . _ and _ his wife, both known to me to be tl:e porscrs whose naums mire subscribed to the foregoing instrument, and acknowledged to tae that My cab r:ecuted the same for the o;rrposcs and .easid.•ratica the:Tin expressed, wad the said . wife of the said _ having been examined by roe privily and apart from her husband, and having Mt. same fully explained to her, she, the said _ _ _ -y' ackror.Wred t.uch instrument to be her act and deed and abe declared that she had willinglsigned the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER DIY HAND AND SEAL OF OFFICE, This day A.D.19.._._ (.S.) Notary Public, County, Texas My Commission Expires June 1, 19 WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE DBE. the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared _ _ _ . , wife of......... know~t to m s W be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart Gom 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 (isat she had willingly signed the same for the proposes and consideration therein expressed, and that she did not wish to retract it. GIVEN t:NDUR DIY HAND AND SEAL OF OFFICE.Thia_.._.._ ..._.__._...dry of.__...._._........... . A.D. 19.... . Notary PubNe, Teas my Commission Expires June 1.19--_ CLERK'S CERTIFICATE THE STATE OF RAS, L...c-!... _...l,r County ~D'' COUNTY OF Clerkgqof the County Court t ty. do hereby certify that the foregoing instrument of writing dated on the -4g y of..._........dqq D. 19.t~! , with t4 Certi6cat of Aatheatkation. was flied for loosed to my arm on ths.pl.le. day o[ .............0. A. D. 19-23. at o'clock.R`_ . Id, and duly rseoeded _,8,t day o4_...-....._._... - ____....A D.19-.2 , a• o-'36 oelock. A V, in the ,LQ Records of sad County, in Volume. &.1 on pagery..._....____ WITNESS MY SAND AND SISAL OF THE COUNTY COURT of said County, at office W.-. ~ lr ~0c rv.- m ad _ -,the day and year last a*vc, watts A `7 _...._r'•~!/'K Cam e ..J . s; Cooaty. Te•cas. p f3) By- _ Deputy- ` Ii ~i~ a °.3379' Ji 1 $ j 6 I > w to c a Q r 0 ° q r G 7 E i q {2G ~j11T 9 1301~ i 1 04 t 1 o i+I s]15lJ3~ i E $ l4 ox w al 1 ) Q t 33V O! w W~ W r ~ ~ ~ I tt l~ v~ a PC@ ~3 r W S ~i I s 08 0 TuNITY UNII'EHAL tl INSURINCE COMPANY October 19, 1972 • F. O. 80X S024-0At&A$, TEXAS 75222 Return Receipt Requested City of Denton Denton, Texas Bond No. 165508 Frederic t. Coffey in favor of City of Denton, Texas-Sidewalk Dear .Sir: i This is to notify you that we have elected to terminate ti-Is bond as of November 30, 1972. 7bank yc+u. Very ra yours., . n ?ride ty & surety De e3c ccs Ramey & King Insurance Agency 1st State Hank Building Denton, Texas 76201 ~ ko C Iv-~t~.. cJt / \ dtw+ . JC l . 4. c ~s ri / Cf 7 A-) eCn . cyc,~ ~c 0-07 3,cl 1 7'7 3 ~o C' ~ ~ f ~ ~ ~ € r° %T ll:.ttrord ('itc lot:ar:,r:ceCourpany VorkUnd(eurirerstniuunce(a)rwpany t Y tt,•j ` lyFi:elc. rance4ompany `f 111F. tt l~AFll~'1i1l) c'S:IlarrfordAtcidrtra.lillndemnlt! G.m:pany•?•'IuinGi ESatl t.! ..net T .t' .:4 ..,-R.•....- (air.nslnsur:•n:.tfinauayvl\caJ<rs[•S w L•33e 10-10-72 !G.rd< I'hi, is tourt:Iy that the c tp..~:~ dr-yowled X..nxd {nvtred a,wt \<klrass r..• :cd is>urcd ! . _ herein by Ca. CrAr has i. ,ltd to lilt. the puticies eelam-erze 14.41 be *Ow. 1 Redd Pest Control Cost Inc. I I'. o. Box 9M. I>iortnside Station Jackson, MissisFinpi Tbc pulicies itrclicatutl herein aj•,d% uitlt rt•-jxct to the batards and for the vnccrage.: and liarils of IiAlifity indicated l,c ajlc(ilic entry herein but ibis rcrli:irate of In~:rrutcc dt><: u:.t aInetxl, cx!end of otherwize Awr the lerttls and cwtlditiolu of Isle insurance coverage: in the ltolicies idewilicil h;rein. _Cown-ji-s mod Unrits of I. iaL_Pit._ ~ !Sl\CLE LItIITI ~ - . - _ -(IyU.V. LI~117:~1 po!iry Number Rvdrty tnJu.. awd Naar tajury tlat$Ury rmprr; t. note l.laMlity hopetty u,,:ai<twAlley Hazards - - and Term 'each I • ate [xb '<~<h •~h •ttre"te tint 1'aroa •-accwrreare 1 I oeecreeae[ ! nmtaar.[< General liability 13C 11 12 Patai:csopcrat{Orgy IIO- 74 Is--lp0.- ooo's 300_°°of= _1Q0 _er''Jls 100 - - la*pcndmt CoatractmA r E30 811512 - -110-1-7? - 1_Q-? z73_ ADS _ _.ooo~s _ 100_.aoo~~s .344_t00~~S _10.0 .a a ~:°°_I' Compk-WOjeratiens; 1 3C81.1512 s_ _.00os _00016 _140.000s 304!ooas ,}~40_oons 1pp.0aa 14odrr.'s Q- t73--•090.5 -100 Awmate• s -300 _ Xxxx xxxx Contracltal (as ~ scrihcd ~ - below) .000•S .000-S S .000E 000 S 000 Automobile Liability 1 3C 811512 I Owrrcd aalanobiks 0_1=72L-__~.O!1;-73~_ xx x x • -309=000-10-0--" xxxx tlircd Automobiles Sri 811512 V=?3-~oeq xxxx$ 1.0Q.ooos 300.aoos 100.000 xxxx Kon-Orned Autoneoltiies 611512 3C him x -Is xxxx - rii xxxx 100 _ X09 workmen's Compensation 3WH OoM Compcaration - Stmutory ut►d 0-1-72 - 10-3-73 Employers' Liability Em Yri Liability - S 100 .000 vmbrelta LIMUty .000.001) off with respect to Au tomobile Liability the Policy NwIttwe catered aboss includes the symbol GB, A7, MVP, MAGor PGB, the word "occuneace" b •taeaded to read "aorident". Location and description of operations, autoawbiks, contracts, etc. (For contracts, indicate type of agreement, party and date.) CROP! e7 eyKrr Anc TfK CgRINUAWw M USAM" Mi1TM AWWAIIATVRT na MtI UMV IMURANCE AMMM UTSIM OR Att1W IN C011141 LINtS, AGENTS 6 tOMOM A/MOW aT ANT Or Test 1>ROKEN t•OC►ela MOWATIO. O. [ar 1139 • 94d 2900 '~'•~rott cA4lr. 3~ City of Denton If policy is Canceled, P. 0. Box 324 written notke will be given to: Denton, Texas L.M. 10-10-72 r Date By. Re. AL.til ! hIM! r v. s A VA MONOMER y~ 0 V ' t,. : r - fir-ir. ~a_ti y3 w i~yf q's y ~r.. i ^•'„t Ali .K.. ~,s~ NO. ~ P.N ORDINANCE AMENDING ORDINANCE NO. 72-24 OF THE CODE OF ORDINANCES OF THE CITY OF DENT0.49 TEXAS, DECLARING THE NECESSITY FOR AND ESTAB- LISHING RL,ZES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the constitution and laws of the State of Texas, and the City Charter of the City of Denton, Texas, authorize the City Council of said City to promulgate and establish rules of procedure to govern and conduct meetings, order of business, decorum, etc., while acting as a legislative body representing ia.id City; and WHEREAS, because of its desireto effectively and efficiently serve the public through the medium of public meetings it has be- come necessary to amend the established guidellaes relating to re- gular meetings; now therefore THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That Ordinance No. 72-24 of the Code of Ordinances of the City of Denton, Texas, is hereby amended by changing Section A "Meetings", Part I. "Regular Meetings" as follows: A. Meetings 1. Regular Meetings The City Council will meet at 5:00 o'clock p.m. on the first and third Tuesdays of each month, or at any other times set by the City Council, unless postponed for valid reasons. All regular meetings of the City Council will be held in the Municipal Building (City Hall) at 215 East McKinney, Denton, Texas. PASSED AND APPROVED this the 24th day of October, A. D. 1972. 2E BILL NE U, MAYOR CITY OF DENTON, TEXAS ATTEST:, -2~ PWKS_HOLTq CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS LEGAL FROM: R L Fi MA CITY ATTORNE CITY OF DENTON, TEXAS ,,,:yam ice. i ~ \X' t` n p1 T ~ ~ 7 F~ J v K ' s,, . ~ . L-~ . .Y~ !x~ .t. t{fr ,~~i ft: .ice„ ~ )ii,~~~i~•~)r t ~ a l.r, S .t i . ~ . p. y ~ pl, d cot .0AwTi Ald 40W s eso r 41001 MINUTE ORDER That, .6 -S residents of the City of Denton, Texas, be and are hereby auth- orized to execute agreements with individual property owners for a stipulated price, and as evidenced by the minutes of this regu- larly scheduled council meeting to paint and place house numbers on the curbs of public streets fronting said property. Provided, however, that the above parties comply with all provisions of the Code of Ordinances of the City of Denton, Texas, and more speci- fically Section 21-13 which regulates such activity. And further, be it understood, that the above parties in no way represent the City of Denton, Texas, in any capacity, nor is any inference of such a relationship authorized for any publicity which might be created by the above parties. Neither the City of Denton nor their respective officers and employees shall be held liable for the negligence of the above listed individuals or their representatives, and the above indivi- duals shall hold the City of Denton and their officers and employees harmless from and 4-.all defend the City of Denton and their officers and employees thereof against any claim for damages or injuries re- sulting from any negligent acts or ommissions by the above indivi- duals or their representatives including allegations and claims of third parties. And, that failure to co y with any of the above rovisions on the part of the said will forthwith terminate this agreement and render null and void any authorization granted to said parties by the City of Denton. And, be it understood, that this Minute Order will expire after the expiration of 180 days from the date it is executed. EXECUTED this the A # day of D'L t' ) , 1972. da - AA A 9A.AJ i n. ~ ` ~z D I u - Z te 7jj _ a t ~ THE STATE OF TEXAS, X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X 1851'7 THAT Don R. Harrison, e,'Di2gg£n and Wt~ of Denton County, in consideration of the sum of One Dollar and other good and valuable consideration in hand paid by City of Denton receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto City of Denton, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by us and being situated in Denton County, Texas, and more particularly described as follows: All th?i certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the BBB & CRR Survey, Abst. No. 186 and T. Toby Survey, Abst. No. 1288, and being part of Unit Two, Block One, of the Denton North Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from John W. Porter to Don R. Harrison by deed dated May 29, 1970 and recorded in Volume 603, Page 418 of the Deed Records of Denton County, Texas and more particularly described as follower Tr. 1 Beginning at a point on the east boundry line of said Harrison Tract, said point of beginning being north 2" 19' east 448 feet from the south east corner of the said Harrison Tract, Thence north 870 41' west a distance of 60 feet to a point for a corner, Thence north 2° 19' east a distance of 16 feet to a point for a corner, Thence south 87' 41' east a distance of 60 feet to a point for a corner in the east boundry line of said Harrison Tract, Thence south 2° 19' west along the east boundry line of said tract a distance of 16 feet to the place of beginning containing 960 square feet. Tr. 2 Beginning at a point on the east boundry line of said Harrison Tract, said point of beginning being north 2. 19' east 638 feet from the south east corner of said Harrison Tract, Thence north 874 41' west a distance of 60 feet to a point for a corner, Thence north 2° 19' east a distance of 16 feet to a point for a corner, Thence south 87° 41' east a distance of 60 feet for a point in the east boundry line of said Harrison Tract, Thence south 2° 19' west along the east boundry line of said Harrison Tract a distance of 16 feet to the place beginning containing 960 square feet. Tr. 3 Beginning at a point north f 19' east 255.81 feet and north 57' west 233 feet from the south east corner of said Harrison Tract, Thence north 57' west 18.67 feet to a point for a c-:rner, Thence north 1° 59' east 125.16 feet to a point for a corner, Thence north 36' 1' west 43.04 feet to a point for a corner, Thence south r 59' west 143.15 feet to a point for a corner, Thence north 57' west 18.67 feet to a point for a corner, Thence north 1" 59' east 180 feet to a point for a corner, Thence south 36' 1' east 95.02 feet to a point for a corner, Thence south 1' 59' west 142 feet to the place of beginning containing 5813.28 square feet. Tr. 4 Beginning at a point north 2° 19' east 255.81 feet and north 570 west 378 feet from the south east corner of said Harrison Tract, Thence north 57' west 18.67 feet to a point for a corner, Thence north 17 59' east 226.5 feet to a point for a corner, Thence south 88' 1' east 23 feet to a point for a corner, Thence north 1° 59' east 113 feet to a point for a corner, Thence north 88' 1' west 117.5 feet to a point for a corner said point being in the east right-of-way line of Fall- meadow Street, Thence north r 59' east along the east right-of-way of Fall- meadow Street 16 feet to a point for a corner, Thence south 88° 1' east 133.5 feet to a point for a corner, Thence south 1' 59' west 145 feet to a point for a corner, Thence north 88' 1' west 23 feet to a point for a corner, Thence south V 59' west 220.11 feet to the place of beginning containing 8012.85 square feet. And it is further agreed that the said City of Denton in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of Uv% grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton as aforesaid for the purposes ,,afyyoresaid the premises above described. Witness qfr hand, this the day of October, A.D. 1972. SINGLE ACKNOWLEDGMENT 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 known to me to be the persons whose names subscribed to the foregoing instrument, and acknowledged to that they executed the same Q= the pur- poses and consideration herein expressed. y: GIVEN UNDER MY HAND AND SEAL OF OFF ICE, This l lJL, _;Qhiy 10f , i 1~. D. 19 YJ_, Notary Pub- icsO t.., County, Texas. !'0aen. fission Expires June 10 I i V w~ %Q C~L U P 51-1 c l~ FILED FOR WIM-.1 L~ DFI!TO!! Crt:r'? `O OCT 19 ~ i I 1 22 ~ ~d r THETA PARM CL!:,)-.c~(. S TfM ebb of TOM CERTIFICATE OF RECORD Oow v of Daatoa L MIA PARKER, Ckrk of the Couty Gout b acrd for sate C uW 00 nerety ow y It / tnstnpr► t o wt~t:rm wit% Ps cert:ficato-of err8+ 11"Uon was twed for retard the day'Of _ _ 11D. 391..2._ at&p o'BOCk. A : bt mW dory recorded day of _...A J. 19 tta vowme ..Records of Der•.ton. Te.:s. tA&AM ary hood end SW Of WWI St OWWO. Taus. " day sn4 year lost abow wtRteo. THETA PARKER 6y be" Cwrk of the Couay Coat. Oentoa C&, T"" ....r.rr: • •.c t.c•n v.n I i rtc• c r . t c• • •c r. c• 1 flop, THE STATE, OF TEXAS, KNOW ALL BIEN BY THESE PRESENTS: COUNTY OF DENTON asses THAT JAMES R. LOTT of Denton County, Texas , In consideration of the Sam of One Dollar and other good and valuable oonaideration 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 me . Siteated in Denton County, Texas, is the ' Survey, Abstract No. All that certain lot, tract or parcel of land lying and being situated in the City anJ County of Denton, State of Texas, and being part of the E. ;Puchalski Survey, Abstract No. 996, and being part of Lot No. 8, Block 1, ;of the Whitten Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveye9 from Gladys Whitten to James R. Lott by deed dated May 24, 1971 and recorded in Volume 622, Page 183 of the Deed Records of Denton County, Texas, and more particularly :described as follows: BEGINNING at the northeast corner of said tract, said point lying in the south right of way line of West Oak Street and also being 500.0 feet east o the intersection of the south right of way line of West OaK Street and the east right of way line of Bonnie Brae Street; THENCE south 00 16' west, along the east boundary line of said tract a dis- tance of 78.5 feet to a point for a corner; THENCE west a distance of 10.0 feet to a point for a cc ^er; THENCE north 00 16' east 10.0 feet west of and parallel with the eaE Boundary line of said tract a distance of 10.0 feet to a point for a cor.._:; THENCE west a distance of 6.0 feet to a point for a corner; THENCE north 00 16' east 16. feet west of and parallel with the east boundary line of said tract a dista e of 68.5 feet to a point for a i:orner in the north boundary line of said tra same being the south right of way line )f West Oak Street; THENCE east alo the north boundary line of said tract same being the south right of way lin of West Oak Street, a distance of 16.0 feet to the place of beginning and containing 1,196.0 square feet of land, more ,r less. And it is further agreed that the asW City of Denton, Texas is consideration of the benefits above set out, will remove from the property above described, s►:ch fences, buildings and other obstructions as may now be found upon sold property. Forthepurposeof constructing, installing, repairing and perpetually maintaining public utilities in, along, upon sna across said promises„ with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having Ingress. agrees, and regress in. along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the sald City of Denton, Texas as aforesM for the purposes aforesaid the premises above described. Witness MY hand , this the day of October D. 1972 . ALES R. LOTT SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME. the undersigned authority. COUNTY OF _ DENTON . in and for said Courty, Texas, on this day personally appeared . JAMES -R. LOTT-- - - . _ #np%en to me to be the person whose name iS. subscribed to the foregoing instrument, and scknowledged to me /oat. to executed the same for the purposes and consideration therein expressed. f GIVF.\' UNDER NY HAND AND SEAL OF OFFICE, This A5 day of October- , All. t9 72 f LS-) Notary Public.. 4~enton _ _ . County. Texas My Commission Expires June 1, 1973. _ JOINT ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE If E, the undersigned authority. COUNTY OF......... _-I In and for said Courty, Texas, on this day personally eppeatvd _ -person's- and his wife, both known to me to be the whose names are subscribed to the foregoing instrument, and acknowledged to ae that they each executed the sane for the purpose-. and consideration therein expressed, and t?e said _ wife of the said having been examined by me privily and apart from ber husband, and having the same fully explained to her, she, the said... . . acknowledged such instrument to be her act and deed and bhe declared that she had willingly iii*d the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This. --day of--* A.D. 19_.._.. (LS.) Notary Public, __%Mmty, Texan My Commission Expires June 1. 19 WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE YE, the undersigned authority, COUNTY JF _ _ } is and for said County, Texas, on this day tpersonally appeared..---..._. . _ wife of._.-._._.._~ - - lwown-. tome to be the pensoa whose name is xu..becribed to the foregoing instrument, and hr sing been examined by me privily and apart from her husband, and haling the same fully explained to her. she, the said that aetaowledged such instrument to be her act and deed. and she declared that she had w iliingli sued the aan+e for the purposes and coosideraWr therein expressed, and that she did not wbb to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICEjhIs............. day of.... , L.D. 19 (L»4.) Notary PnbUe. Texas My Commiaim► Expires June 1, 19._ CLERK'S CERTIFICA THE STATE F T EM 1......-.- County COUNTY OF_....1__._._... Clerk of County Court .ty,_ do hereby certify that the foregoing instrument of writing dated on the f~-day Of......._...... D. 19 07A with its Cerli6cate~f Ar'hentieatioa, was bled for record in my oisoe on day of__. . A D. 19. ' at 'L~8'ctoeh . lt« and duly troearded thin . -g~ ~1~ • day, f..__._........ A. D. 19 , at /!r/ $4iock M/ in the aid County, in Volume. .~P3.tr-. , on pages.. DAN aL OF THE COUNTY COURT of said County, at omoe In. f , tha by and year last~a wr.ttea _ _~j ............W . _ - Cotutty ..............County. Team (L i).j P ~ ~ ~ A ~ ate[ Foram E4 ; i tJ W F • I O i w w $ 11L to tag 0P rep I v4 t Ir - .I t t j g" ~I a g I~ ~a H ORI GINA • s~ r - • K110i'1 AI A, i"EA 1;:(' 's'ilt'." COU1111"i Oil' '3111!'! ~11•lsl.~!`,, - R.H. -Taliaferro - was tht. d.>velvuur of uertil-'u1 wl tilt tL«ul„.il plat. YJII.'l~:11 U~=~: I.. _ ..•1:':,:.. !:.'i'C:?!i 11:i l !i~1'.il I:l ~l1ll , SI1 1.?It ('f)t;t.. ti•-.• P,!., .,.i '•t:cl 1`: C!?'i. t•~•:i i r."1!'.'l ri t•.~..•i l;n.: !'t,: lii..•SS, Lp_; Being part of the M.E.P.&P. RR Co. Survey, Abst. No. 950 and being._irt- of_a_ tract of _land_ as conveyed from Myron Suyene ~aliaferro to g chard H._ aliaferro__and wife Norma -$~rry ili~.fer;Q by-deed d4-ted September 6, 1968 and recorded in Volume 571s, page 451 of the Deed WHEREAS, in crdl-)- ;:hat the aforesaid property be served with hatec° services the said developer was 881 feet of water main extec- sion totalling 881 feet, and rht-reas such services have been extended to said property under provisions of Section 25-74 throuell Sec-tic•n 25-79 of the Code of Ordinances of the City of Denton, Texas; and 'WIEREAS, the said Developer R. H. Taliaferro now desires to receive reimbursew.ent for such costs not to exceed $ 9,661.00 under the provislons of said Sections 25-75 throueh 25-79•of the Code of Ordinances of the Ctty of Denton, Texas; now, therefore, THIS AGREE!fCUT, made this the 11 _ day of October , 197 1, by and between R_, H Taliaferro and City of Denton. Texas of the County of Denton, State of Texas, hereinafter called Deve- loper, and the City of Denton, Texas, a Municipal Corporation of the County of Denton, State of Texr•:3, hereinafter called "City",-is as follows: W1'i'HESISE H : i. 'Fha- 4.1 01, 111.2 Oil o(* a qt3cj*tx%3Mf*)m water main fur the hc-nel'1t of x3vr-]olio, which has bt-en constructed by the City or at the City's direction, and in colt:Adc-- f ration of the haymenL to City of a sum of'aon>.y sufficlent to com- - I • ;l e~ . p w a pell.:.tte City fur con:;tructlo{, of each rn:41n, tlrc: receipt of 1:111ch the City hereby ac1<nUrrlidfres and in 1'ltrLL~ coijsidcratton ol• tho tr:ur:;fcr to r.l,e C.lt; t?l' all of dt--ve1ot)(:1 j r ll#ht, t'I tIe :.ad intcrr:,t In the aforesaid e::ten:,iono :utd all alipurterra rice.; thereto, and all easersoji c turd riLL:.a Uf ,:ay :cec:Ured ily Ur' for llc•veloper far tyre Ol!1•alj:'•~ O~' l(re•'.l t. !:j:r ray •iE r~~!.1.Ii !1 Cr:..r 11.:. , ~~.1 `.,,r tll'!'! 1\• ('r'•.eR 1:U ..JCClrL ~..it: ...'i!: _!.:.r .'.I!3._! _~nr'.°::-. C!.t•.'c):li', ;'.!'t:^.r• 1:1:;pcctic-ti, and ; r • : ? cc dt _ e,, <;r_.:c xxx)i txxxxxxxxxxxxXX3bootxxxkkxx water service to ucsclon : above nn:r:cd for such r:x-nth)y service charges as are, or !say be, established pur•suaiit to inw by the City. II. That the City further agrees to rei{!;burse developer up to his cost of the construction of such main extension, i.e., $ 9,661.00 pursuant to the provisions of Section 2545 and 25-76 of the Code of Ordinances of tine City of Denton, Texas, as attended, with the follor:- ing limitations: (a) After the expiration of ten (10) years from the date of the serer main extension or water main extension, no further reimbursement shall be made to the Developer. (b) The reimbursenerrt shall not apply to main extensions constructed by the City of Denton, or under its direction, from any main constructed under the terms of this Agree- ment. (c) Reimbursement payments shall be made to the Developer or to his assign if written, and to no other person. (d) The reimbursements aforesaid shall be payable only from funds received by the City pursuant to said Code of Ordinances. (e) There shall be a maximum of ten (10) years as the period of eligibility wherein the original installer of the mains may request reimbursement of prc-rata payments un- der this Agreement. The period of elxgil•ility shall be- gin as of the date of final inspection and acceptance of the extensions by the.City. (f) All fees and tapping charges incurred ruder the provisions of Section 25-76 shall be paid directly to City, and City shall transfer amounts due to developer within thirty (30). days of receipt. III. That for and Ill cosi3it ovation of the fulfilJrient of the: agree- ;;crt:, b the City, aforh^?id; and in ccn-lder.atior► of the arree-- . mentu to b~• nerforlned in tl•e future by the City, an. afor e:;aid , de:o - loper hereby transfer:, to thv City all of his title and interest l.~'t ,+:E IL~!.1. (~1.. °•~,.J.{ t{Y~ { .'rr l;_41~/.~ ~ .'~tL j r~. t .C,l til•1. 1 i, ~l.. ,,J '1 Finployem-Commadal Union Companies SMOK MASSACIIUSEM CONTINUATION CERTIFICATE (For Surety Bond of Definite Term) In considaatia of a prasi,w of Included Bond too. - AS 71102.95 on behalf of J. F. ZIMMEIWAN fir SONS, INC. to faux of ` CITY OF DENTON a TEXAS is hereby ooatinueA is lone Low on 8t, day of OCTOBER 19L to tha 18th day of OCTOBER 39_.a wbject to all so tows and conditions of tee sbressid bond. This condonation C"ficalt does not cresto a new ovitation and if exewled upon the !,Press C" No* and P014 lion #W 1110 SWWS Ilmlily under said t"d and this Wall continautioo certificates issued in connection therewiM shall not be cumulative and that Its *Wollpte liability under san4 bard and this and all such continuation tertificates on account of all debults euwanitied during the period (,eendless of the rrwaber of yeah) sold bond has been and shall it in face shall not in any eaml exceed lhe count d said bond . Oatad this 18th day of OCWBER 19 72, AMMICAN a IN CE 0MANY 1)aupaay e .Y d, ~ p Afton,rey to fact Bea' G60W 6.71 I , >O ate S.~ P C I T Y OF D E N T O N T A X A D J U S T M E N T S FOR THE HW H OF OCTOBER, 1972 Personal Property Automobiles $ l,bb8.85 Hugb Nixon Tex Assessor-Collector City of Denton, Texas • I I C I T Y OF D E N T O N T A X A D J U S T M E N T S FOR THE MONTH OF OCTOBER, 1972 Personal Property Automobiles ACCOUNT HAW NUMBER YEAR VALUE TAX- READ David Breeden 999905135 1971 $ 200.00 $ 3.40 Military-Don-resident C. L. Cato 999907765 1971 940.00 15.98 Unable to locate C. L. Cato 999901770 1971 520.00 8.84 to Mikel F. Giles 999916345 1971 520.00 8.84 Moved-LaPorte. Texas Gary Payne 999933635 1971 300.00 5.10 Military-car in Calif. Donald Solomon 999940855 1971 760.00 12.92 Military-non-resident Douglas Workings 999948120 1971 690.00 11.73 " Co L. Cato 999907885 1970 650.00 9.75 Unable to locate C. L. Cato 999907890 1970 690.00 10.35 " John M. Garner 999915685 1970 760.00 11.40 " Mikel P. Giles 999916290 1970 690.00 10.35 Moved-LaPorte, Texas Fred Jones 999923330 1970 760.00 11.40 Student-gone Larry Palmer 999933375 1970 760.00 11.40 loved-Duncan, Okla. Ken W. Apperson 999901315 1969 10050.00 15.75 Unable to locate Ken W. Apperson 99991320 1969 - 520.00 7.80 it Norbert R. Clark 999909175 1969 160.00 2.40 of Mikel P. Giles 999917635 1%9 830.00 12.45 Moved-LaPorte, Texas silly J. Janus 999923995 1969 160.00 2.40 Moved-Houston Virgil Be Kidd, Jr. 999926035 1969 650.00 9.75 Non-resident, too old Ken McCurdek 99990845 1969 340.00 5110 Address unknown Van G. McFadden 999931660 1969 160.00 2.40 unable to locate Larry D. Palmer 959936080 1969 1,040.00 15.60 laved-Duncan, Okla. Ken W. Apperson 999901275 1968 1,310.00 19065 Unable to locate A/. 76 ' Page 2 ACCOiRJT NM NUMBER EAR VALUE TAX F~ASON Ken W. Apperson 999901280 1968 $ 650.00 $ 9.75 Unable to locate Reyes P. Benevides 999903570 1968 650.00 9.75 " Sarah E. Bradburn 999905080 1968 760.00 11.40 Address unknown Sarah Bradburn 999905075 1968 360.00 5.40 " Mrs, Sarah Bradburn 999905070 1968 520.00 7.80 " J. K. Bullard 999906525 1968 310.00 4.65 Too old H. G. Butler 999907025 1968 680.00 10.20 Outside city Fred Caldwell 999907200 1968 650.00 9.75 Address unknown Gloria Calvert 999907350 1968 520.00 7.80 Unable to locate Bernice 6 Catherine Campbell 999907590 1968 .500.00 7.50 " Sandra Kaye Campbell 999907585 1968 160.00 2.40 " Artie Carter 999908040 1968 590.00 8.85 Address unknown Artie Carter 999908035 1968 450.00 6.75 " James Carter 999908045 1968 520.00 7180 Jimmy R. Cloer 999909515 1968 690.00 10.35 Unable to locate Davis J b Ophie L. Cobb 999909555 1968 160.00 2.40 " John M. Garner 999917010 1968 760.00 11.40 " Willie A. Hart 999920410 1968 540.00 8.10 " Billy P. Hopkins 999922530 1968 520.00 7.80 Address unknown silly J. James 999423860 1968 340.00 5.10 Moved-Houston Fred R. Jones 99992490° 1968 550.00 8.25 Moved, unable to locate Fred R. Jones 999924900 1968 650.00 9.75 " 14*10 Mccollough 999930980 1968 400.00 6.00 Unable to locate Sdvin McCollough 999930985 1968 550.00 8.25 " Van 0. McFadden 999931325 1968 340.00 5.10 " Odns Mitchell 994932885 1968 120.00 1.80 Too old Larry D. Paler 999935950 1968 760.00 11.40 Moved-&mano Okla. Larry D. Palmer 999935955 1968 940.00 14.10 IS Kan W. Apperson 999900147 1967 1.590.00 23.83 Unable to locate dam, ys % Page 3 ACCOUNT NA?B NUMBER AR VALUE TAR FR ASON Ken W. Apperson 999900148 1967 S 760.00 $ 11.40 Unable to locate Sarah Bradburn 999900597 1967 340.00 5.10 Address unknown Sarah Bradburn 999900598 1967 590.00 8.85 " Sarah B. Bradburn 999900599 1967 9+0.00 14.10 " Reuben Cagle 999900756 1967 180.00 2.70 Too old Sandra K. Campbell 999900171 1967 340.00 5.10 linable to locate Artie Carter 999900835 1967 690.00 10.35 Address unknown Marshall Clampitt 999900909 1967 540.00 8.10 Moved, yrable to locate Charles W. Clark 999900928 1967 310.00 4.65 is Charles W. Clark 999900929 1967 160.00 2.40 is R. R. Cunningham 999901152 1967 500.00 7.50 Address unknown John M. Garner 999901525 1967 340.00 5.10 Unable to local: Willie A. Bart 999901994 1967 650.00 10.20 Unable to locate Billy P. Hopkins 999902386 1967 690.00 10.35 Address unknown J. B. Howard 999902446 1967 340.00 5110 Too old Billy J. James 999902660 1967 520.00 7.80 Moved, Houston Monroe Joioar 999902816 1967 760.00 11.40 Too old- Gerald W. Pannell 999905141 1967 540.00 8110 " H. S. Pannell 999905143 1967 160.00 2.40 " Clarence Rich 999905943 1967 650.00 9.75 " C. L. Aldridge 999?00043 1966 860.00 12.90 Mrs. Sarah B. Bradburn 999900600 1966 520.00 7.80 Address unknown Reuben Cagle 999900757 1966 310.00 4.65 Too old Artie Carter 999900836 1966 340.00 5.10 Address unknown Marshall Clempitt 999900910 1966 540.00 8.10 Moved, unable to locate Charles W. Clark 999900930 1966 725.00 10.87 unable to locate Ra R. Cuminghem 999901153. 1966 2,020.00 30.30 Address unknown' Join M. Garner 999901526 1966 520.00 7.80 Unable to locate Willie A. Hart 999901995 1966 380.00 5170 " Page 4 ACCOUNT NAME NW]BER YEAR VALUE LAX. FR ASON Billy P. Hopkins 999902387 1966 $ 860.00 $ 12.90 Address unknown Silly J. James 999902661 1966 650.00 9175 Moved, Houston Monroe Joiner 999902817 1966 520.00 7.80 Too old Fred R. Jones 999902859 1966 1,700.00 25.50 Unable to locate, moved 0. T. Owen 999905046 1966 540.00 8.10 Too old Gerald Mayne Pannell 999905142 1966 4:50.00 9.75 Address unknown H. Be Pannell 999905144 1966 340.00 3.10 Too old John E. Parsons 999905215 1966 ?00.00 4.50 Student-Kaxahacbie John C. Patterson 999905242 1966 850.00 12.75 Address unknown Mrs. Wands Pearce 999905296 1966 690.00 10.35 Unable to locate John D. Perry 999905386 1966 340.00 5.10 Too old -Ernest.W. Porter 999905540 1966 520.00 7.80 to Jon Michael Rainbolt 999905739 1966 520.00 7.80 Student-too old ' Gifford T. Riney 999906018 1966 590.00 8.85 Outside city Jean Ritchie 999906043 1966 340.00 5.10 Too old 'Artie Carter 999900837 1965 520.00 7.80 Address unknown Marshall Clampitt 999900911 1965 760.00 11.40 moved, unable to locate Cbarles W. Clark 999900931 1965 980.00 14.70 Una~16 to locate 'R. R. Cunningham 999901155 1965 600.00 9.00 Address unknown R. R. Cunningham 999901154 1965 830.00 12.45 IS John M. Garner 999901527 196S 650.00 9.75 Unable to locate ism" Be Howard 999902447 1965 160.00 2.40 Too old silly J. Janes 999902662 1965 760.00 11.40 Moved, Houston Fred R. Jones 999902860 1965 650.00 9.75 Unable to locate "James R. Heblett 999904854 1965 160.00 2.40 Too old A. W. Oliver 90%X405017 1965 550.00 8.25 so E. Pannell 999905145 1965 180.00 2.70 " James A. Parker 999905162 1965 1,940.00 •29.10 r Garland T. Patterson 999905233 1965 400.00 6.00 19 Page 5 ACCOUNT NAME NUPeiBER VAR VALUE IM REASON Jack Platt 999905503 1965 1,830.00 27.45 Non-res. Sanger H. 0. Prewitt 999905608 1965 160.00 2.40 Too old and J. Reedy 999905870 1965 760.00 11.40 " Raymond Riney 999906028 1965 760.00 11.40 " Artie Carter 999900838 1964 160.00 2.40 Address unknown Marshall Claspitt 999900912 1964 900.00 13.50 Unable to locate Chasles W. Clark 999900932 1964 650.00 9.75 " Jams H. Howard 999902448 1964 340.00 5.10 Too old 0. D. Miss 999904460 1964 350.00 5.25 " Janes R. Nablett 999904856 1964 650.00 9.75 " Joe E. Northern 999904993 1964 1,940.00 29.10 " A. W. Oliver 999905018 1964 700.00 10.50 " John C. Patterson 999905244 1964 760.00 11.40 Address unknown Jay Peel 999905326 1964 760.00 11.40 Too old C. L. Quesenberry 999905716 1964 340.00 5010 " Joao Ritchle 999906045 1964 650.00 9.75 " Jack W. Anderson 999900135 1963 160.00 2.40 " Marshall ClmVitt 999900913 1963 820.00 12.30 Moved, unable to locate Cbas. W. Clark 999900933 1963 340.00 5110 Unable to locate Janos R. Neblett 999904857 1963 760.00 11,40 Too old Jsabs A. Parker 999905164 1963 770.00 11.55 " Ernest M. Porter 999905542 1963 10100.00 16.50 Edward D. Ragland 999905734 1963 340.00 5110 " Roy Richter 999905974 1963 760.00 11.40 " Jack W. Anderson 9499900136 1962 340.00 5.10 " Marshall Clampitt 949900914 1962 900.00 13.50 " Cbarles W. Clark 999900934 1962 310.00 4.65 " Janes H. Howard 999902469 1962 160.00 2.40 " Garland T. Patterson 994905235 1962 160.00 `2*440 " • Page 6 ACCOUNT NAME NUMBER YEAR VALUE MAX FR ASON J. D. Perry 999905388 1962 S 380.00 $ 5.70 Too old Jack Platt 999905505 1962 520.00 7.80 Non-resident, Sanger Bud J. Reedy 999905372 1962 400.00 6.00 Too old W. A. Roeves 999905894 1962 520.00 7.80 " C. F. Mich 999905947 1962 520.00 7.80 " Gifford T. Riney 999906020 1962 340.00 5.10 " Jack N. Anderson 999900137 1961 520.00 7.80 " Marshall Clampitt 999900915 1961 460.00 6.90 Unable to locate, moved Billy P. Hopkins 999902308 1961 540.00 8.10 Address unknown James H. Howard 999902450 1961 340.00 5.10 Too old Odes Mitchell 999904487 1961 960.00 14.40 is Johnny C. Odom 999905012 1961 760,W 11.40 Address unknown Jay Peel 999905328 1961 520.00 3.40 Too old Ernest M. ^orter 999905544 1961 700.00 10.50 " Cletis L. Quesenberry 999905718 1961 650.00 9.75 " Edward B. Ragland 999905736 1961 6'50.00 9.75 " Raymond Riney 999906031 1961 1,03'.00 15.52 " Jean Ritchie 999906048 1961 340.00 5110 " Jack W. Anderson 999900138 1960 650.00 9.75 " Marshall Clempitt 999900916 1960 10350000 20.25 Unable to ioaate Charles W. Clark 999900935 1960 340.00 5110 Too old James H. Havard 999902451 1960 520.00 7080 to Audrey Lee Milam 999904403 1960 650.00 9.75 Address unknown 0. D. Mims 999904461 1960 160.00 2.40 Too old Odus Mitchell 999904488 1960 380.00 5.70 " H. E. Pannell 999905146 1960 160.00 2.40 " Jaws A. Parker 999905166. 1960 .620.00 9.30 " Garland T. Patterson 999905237 1960 520.00 7.80 " J. D. Perry 999905390 1960 380.00 5.70 " - a33•a7 Page 7 ACCOUNT NAME NIMBER YEAR VALUE T FR ,ASON C. F. latch 999905949 1960 $ 340.00 $5.10 Too old J..ck K. Anierson 999900139 1959 670.00 1.68 " Msrsf all Clanpitt 999400917 1959 1,630.00 24.45 Unable to locate, too old Janes R. Neblett °99904860 1959 640.00 9.60 too old H. E. Pannell 999905147 1959 290.00 4.35 Ernest Porter 999905546 1959 570.00 4.27 " H. 0. Prewitt 999905610 1959 280.00 4.20 " Mrs. Ellie Rainey 999905757 1959 440.00 6.60 Roy Richter 995905976 1959 290.00 4.35 " Billy P. Hopkins 99902389 1958 820.00 12.30 Address unknown 0. D. Miss 999904462 1958 440.00 6.60 Too old *Odus Mitchell 959904490 1958 10250.00 18,75 " H. S. Pannell 994905.'_48 1958 440.00 6.60 " Janes A. Parker 999905168 1958 540.00 8010 " J. D. Perry 999905391 1958 960.00 14.40 " -iabert a. Pruett 999905666 1958 300.00 4.50 N. A. Reeves 999905897 1958 140.00 2.10 " Clarence F. Rich 999905951 1958 290.00 4.35 " Mrs. Audrey Lee Milan 999904404 1957 580100 8.70 Address unknown 81 01 Pcevitt 999905613 1956 960.00 14.40 Too old j Od J e 4 RIGHT-OF-WAY EASEMENT THE STATE OF TEXAS X 785 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X That H. W. DOWN DEVELOPMENT COMPANY, INC. (Grantor), a corp- oration organized and existing under the laws of the State of Texas, for and in consideration of the sum of One and No/100 Dollars ($1.00), to it in hand paid by the CITY OF DENTON, TEXAS (Grantee), a Municipal Corporation, the receipt of which is hereby acknowledged, has granted, dedicated and conveyed, and by these presents does grant, dedicate and convey unto Grantee, and for the joint and concurrent use by and between Grantor and Grantee and for the use and benefit of the general public, a perpetual easement for (1) The free and uninterrupted use for ingress and egress, and the liberty anA privilege of passing in and along, by pedestrians, privately owned vehicles or otherwise, and (2) T:; construction and maintenance of public utility lines; in, upon and along the following described property, to-wit: All those certain tracts or parcels of land, lying and being situated in the City and County of Denton, State of Texas, out of the Robert Beaumont Survey, Abstract No. 31, and being more fully set forth and described in Exhibit "A" and Exhibit "B", both of which are attached hereto and made a part hereof for all pirposes as if fully copied herein verbatim. EXECUTED on this the 'r1 b day of October, 1972. H. W. DOWN DEVELOPMENT COMPANY, INC. By: ' Harry own, Jr., President -ATl.EST: ~ ~ - Sherie Dutson, Secretary THE STATE OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this day personally appeared Harry W. Down, Jr., President, H. W. Down Development>Co.,.Ipc., known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said H. W. Down Development Co., Inc., a f corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein express.-d, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 26 day of October, 1972. Notary Public Denton County, Texas My commission expires June 1. 1973. J BrGINNING at a point lying on the North right-of-way line of Vanderbilt, point being more particularly described as the Southwest corner of Lot No. 35, Block XXI, North University Place Addition, Fourth Section, and also being described as the Southeast corner of Lot No. 36, Block XXI, North University Place Additi:.-a, Fourth Section; THENCE South, 880 28' 56" Eas` along the South boundary line of the said Lot No. 35, Block XXI, North University Place Addition Fourth Section, a distance of 16.000 feet to a point for corner, point also being described as lying on the said North right-of-way line of Vanderbilt; THENCE North 01031'04" East along a line parallel to and 114.000 feet West of the West right-of-,ray line of Bowling Green, a distance of 361.000 feet to a point for corner, point also being described as lying on the North boundary line of Lot No. 32, Block XXI, North University Place Addition, Fourth Section, and point also being described as lying on the South boundary line of Lot No. 31, Block XXI, North University Place Addition, Fourth Section. THENCE, North 88028'56" West, along the said North boundary line of Lot No. 32, Block XXI, North University Place Addition, Fourth Section, and also the said South boundary line of Lot No. 31, Block XXI, North University Place Addition, Fourth Section, a distance of 16.000 feet to a point for corner, point being more particularly described as the Northwest corner of the said Lot No. 32, Block XXI, North University Place Addition, also being described as the most Southerly Southwest corner of the said Lot No. 31, Block XXI, North University Place Addition, Fourth Section, and finally being described as the most Easterly Northeast corner of Lot No. 39, Block XXI, North University Place Addition, Fourth Section, THENCE South 01031'04" West along r line being described as the West boundary line of Lots 32, 33, 34 and 35, Block XXI, North University Place Addition, Fourth Section, and also being described as the East boundary lines of Lots 39, 38, 37 and 36, Block XXI, North University Place Addition, Fourth Section, a distance of 361.000 feet to the place of beginning and containing 5,776 square feet of land, more or less. EXHIBIT "A" BEGINNING at a point being described as the Southeast corner of Lot No. 28, Block XXI, North University Place Addition, Fourth Section, point also being described as the most Westerly South- west corner of Lot No. 29, Block XXI, North University Place Addition, Fourth Section, point also being described as the most Northerly Northeast corner of Lot No. 40, Block XXI, North University Place Addition, Fourth Section; THENCE North 01031'04" East along the East boundary line of the said Let No. 28, Block XXI, North University Place Addition, Fourth Section; line also being described as the West boundary line of Lot No. 29, Block XXI, North University Place Addition, Fourth Section, a distance of 16.000 feet to a point for corner; THENCE North 88028'56" West on a line parallel to and 104.000 feet South of the South right-of-way line of Bowling Green a distance of 162.500 feet to a point for corner, point also being described as lying on the West boundary line of Lot No. 27, Block XXI, North University Place Addition, Fourth Section, and point also being described as lying on the East boundary line of Lot No. 26, Block XXI, North University Place Addition, Fourth Section; THENCE South 01031'04" West along the said West boundary line of Lot No. 27, Block XXI, North University Place Addition, Fourth Section; line also being described as the said East boundary line of Lot No. 26, Block XXI, North University Place Addition, Fourth Section, a distance of 16.000 feet to a point for corner, point being more particularly described as the Southwest corner of the said Lot No. 27, Block XXI, North University Place Addition, Fourth Section, and also being described as the most Easterly Southeast corner of the said Lot No. 26, Block XXI, North University Place Addition, Fourth Section, and finally being described as the most Northerly Northwest corner of Lot No. 41, Block XXI, North University Place Addition, Fourth Section; THENCE South 88028'56" East along a line being described as the South boundary lines of the said Lot No. 27, Block XXI, North University Place Addition, Fourth Section, and the said Lot No. 28, Block M, North University Place Addition, Fourth Section, line also being described as the North boundary lines of the said Lot No. 41, Block XXI, North University Place Addition, Fourth Section, and the said Lot No. 40, Block XXI, North Univer- sity Place Addition, Fourth Section, a distance of 162.500 feet to the place of beginning and containing 2,560 square feet of land, more or less. EXHIBIT "B" jai • 7 ire Ifu -0.1 W • Ij ~ Ida 0 11 i1~11 MO 0 1 t{yat o Ilk C fill- . 1 • CERTIFICATE Of RECORD Co+H Cotat to end IOr seta OottntY i dTell 1, THETA PO-RhER. C. e` of 1" pptrdy of Do" of &jIl-ent-clokLon wall . , do bDieby OwIty th*t tM 1 I9 3 do c'.cx ._.►A . tj., in fm to goad tre.._/.D u.?. at1-..01.:.0 ,n3 dir. recorded ow) let y of L1e 3 - 1 - J _ _ t._e :..i )Car :JSt d•ACe will 1Af my >♦tw atrJ sw 0" .~~o •t ,;c.+.•,., T11'r1 cpn+t'R co. TAv3s t kli, I'Li