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HomeMy WebLinkAbout12-1973 DECEMBER ~13 WESTERN SURETY COMPANY OKe o` 4nreum 4 0U*d,(3mJ4V &wpawa CHICAGO • SIOUX FALLS • DALLAS PALO ALTO • GALA-CYNWYO. PA. CONTINUATION CERTIFICATE In consideration of the sum of Twenty and No/100-----($ 20.00___) Dollars, the Western Surety Company hereby continues in force Bond No. 1375915 in the sum of One Thousand .nd No /1 2,444~4~) Dollars. - on behalf of---_---_-- Jack Nash of Texas as Peat Control Operator.__ in favor of - . --City f_Qentog, -_T_qAa.9_ for the term beginning on the 7th -day of March , 1914• and ending on the- Ail day of_ Yarch 19-21, subject to all the covenants and conditions of said Bond heretofore issued. This continuation is issued upon the express condition that the liability of the Western Surety Company under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed the total sum above written. Dated this day of -December- 1913L. WESTERN SURETY COMPANY By - Attorney in Fact THIS "Continuation Certificate" MUST BE FILED WITH THE ABOVE BOND '1'111•: TRAVI•:L111S INI**,%lN1TV COMPANY Hart fonl. Connt cl icut Conliltnahotl Cvrliric-ate 'rill. Tray •llrs III( $Unilc ('1NIIIh9IIy Ilkreina[ter enikal ilk. Surl•hl. In cun%llllration of the lrlvuient of Ilk- n•mimn of _ TMent~ told Noj100 - - _ 1>,111nrs Is 20.00 - 1, Ikrc•11y caxltimk•s iu ftece its atingr Air C=Utioning & Plumbing 111xk1 IltlnliXrell 1677316 -MI [rhaif of_ Allen Plumbing, Heating & Air Conditioning in faylr 40f City of Denton Tic far tlk• exlclllhd Ik•rilkl, lk•I;innir a; 4111 IIk• dap of --KMch 1',I? :ukl tlklinK IkI the ~ day co r- 1'J 7K . sttlylc•I 111 IIk• Ilrne~. voowlif11 x15 and linlifallt"Is III said Ix""]. 'ibis co bill illnalit sit clrliftcate is est•cnted up11n till- repress lYxklilion IN-it lht• ~IIrl1~'s liallilit- olkler said Ik1nd, logc•Ilk•r a'ilh this and till Ixl•cions conlinaalilxl ctrfinctites shall nut lie eumul:diye atkl shall in lit) C%I Ilt execl-ll the ankxull s3weir"tcally set forth in said lxnkl 1r lniy v%islinl: cerlificate c•h:nhinl; t1k• an"xntt of said bond. Silpled, sealtA tnkl dalcd this. 28tH _ day of . December o 73 y ;-?A74.~~ - r'rim-irxrr '1'111•: TRAWLERS I\I NINI/TY (*OMI'AXl• Is.: 1rrlNnr►- I-F'o~ r7 Maxim Cotton S•"S REV. 7.67 .RIITrO IN 1 .511- i, y~ i t' n f 0 n l ~ fYlf ' i . 1 1 I \ CURTIFICAT6 FOR ORDINANCE. CANVASSING ELECTION RL•'TURNS THE STATE OF TEXAS COUNTY Of DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in SPECIAL MEETING ON THE 20TH DAY OF DECEMBER, 1973, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit: Brooks Holt, City Secretary Bill Neu, Mayor Morris Kibler Tom Jester Mrs. Lillian Miller George Schneider and all of said persons were p esent, except the following absentees: A4 -4 - - M,%- , thus constitutinga quorum, ereupon* among other business, the following was transacted at said Meeting: a written ORDINANCE CANVASSING ELECTION RETURNS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye'. NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordi- nance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified. %nd acting officers and members of said City Council as indicated erein; that each of the officers and members of said City Council was dcly and sufficiently noti- fied officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; and that said Meet- ing was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all pur- poses. SIGN AND SEALED the 20TH day of Deceriber, 1973. City Secretary Mayor (SR) We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Crdinance prior to its as a re aid. C t t rney c mil/ rid-At orneys ORDINANCE NO. 73-JA ORDINANCE CANVI.SSING ELECTION RETURNS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City Council of said City duly ordered an election to be held in said City on the 18th day of December, 1973, on the PROPOSITION hereinafter stated; and WHEREAS, said City Council has investigated all matters pertaining to said election, including the ordering, giving notice, officers, holding, and making returns of said election; and WHEREAS, the election officers who held said election have duly made the returns of the result thereof, and said re- turns have been duly delivered to said City Council; and W119REAS, it is hereby officially found and determined: that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That the City Council officially finds and deter- mines that said election was duly ordered, that proper notice of said election was duly given, that proper election officers were duly appointed prior to said election, that said election was duly held, that due returns of the result of said election have been made and delivered, and that the City Council has duly can- vassed said returns, all in accordance with law-and the Ordinance calling said election. 2. That the City Council officially finds and deter- mines that the following votes were cast at the election on the submitted PROPOSITION, by the resident, qualified electors who own taxable property in said City, and who have duly rendered the same for taxation, and who voted at the election: PROPOSITION 1361 VOTES : FOR ) THE ISSUANCE OF $6,000,000 OF STREET AND DRAINAGE GENERAL } OBLIGATION BONDS 791 VOTES: AGAINST ) 3. That the City council officially finds and deter- mines that the following votes were cast at the election, on the. submitted PROPOSITION, by all other resident, qualified electors of said City who voted at the election: PROPOSITION 50 VOTES: FOR ) } THE ISSUANCE OF $61000,000 OF } STREET AND DRAINAGE GENERAL } OBLIGATION BONDS 21 VOTES: AGAINST ) -1- II 4. That the City Council officially finds, deter- mines, and declares the result of said election to be that the PROPOSITION so submitted has received a favorable majority vote in all respects a^d has carried, and that the aforesaid bonds may be issued in accordance with law. -2- ti SC 0 v ACKNOWLEDGMENT OF NOTICE OF SPECIAL MEET JAG FOR ABSENTEES THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON Each of the undersigned officers or members of the City Council of said City hereby acknowledges and certifies that he or she was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Special Meeting of said City Council which was held at the Municipal Building (City Hall) of said City on December 20_, 1973, and that an ORDINANCE CANVASSING ELECTION RETURNS would be introduced and considered for passage at said Special Meeting, and that he or she consented, in advance, to the hold- ing of said Special Meeting for such purpose. SIGNED the _2& day of December, 1973. r p~ t r n w r w ` N I 1 • ~ rJ - t A)i )W1 N CERTIFICATE OF RECORD THE STATE OF TEXAS l COUNTY OF DENT'ON 1. MARY JO FILL, Clerk of the County Court in and for said J county, do begby certify that the foregoing instrument of writing, with its certificate of au/tbbeeaatiea- tion 104. d I record on thedate and at the time stamped hereon; and duly recorded day ~ A.D., JW at l S 0 -clock .......Q • M., in Volume .q Page y, ..of the% Records of Denton County. Texas. Witness my hand and seal of office at Denton, Texas, the day and year last above uritter•. MARY JO WILL ay.,. . Deputy Clerk of the County Court„ Denton Co., Texas f:fa:'rlhu:~-f'1: tlr lxs:•]t.~~c:r: h' r lh i = I II:,rIf..:J I ir< Ara,,.u,:e /'<.r.,p.,n? r 6 Xc,s 1'„r1,t.'ndrn,rile[ilnsurancet:<mp~ny it <:!!il1 i.ll.,:1!..rJ.\t<id.n;:a:dln.tc[uni,gl:••alpar,r~ i •I'aiq(:ir~ 1i[clr,.uranc.•('•:mpnq' l:.11r ,lt.i':[it.••,xlu.urn,:cri'r~mp,,n~,.f\r,.•,1rts:•c !fc-,-, rd. 111.4 the ic< at<~ c.mi;..:ny c'.c,rj•u!a.i { Fj , : 1 C••.Ic h t- i:•ucd toth~ :,.,r, <.i ir.:u[al . ~ Xa,ar,l 1 ,+:rrcJ and -bkBr<+ ,~t• ;••iiii/ a c:• •:,::raIvi LAO. j Redd Pest Cr)ntrol Lc., Inc. P. C. Box 9336, hortf.side Station j .iackson, N.ississippi Tre latir;ei. indicated herein ail; ly with reslxct to the h:vardi and for the eovvra u? aril limits of liability irdicatcd i,y !-p on-ic enir: herein but :his ccrtifrc.uc of tu=1••rance d(xs ant anknd, "tend or otl:erwi-ie alto the terms and conditions of .::e in>uratice eovvtal c in :ite pol'ic'es identified herein. _ (Oretn~rs a: J Limits of Liability (SI\ ALE LIMIT' { (Du'1. IAMITSi Policy Number thirty Inluly and Oarlty In ju[y l.t,blrny Pr<.pcrty Dama_e t.tatdU[y IYopesly UamN< I.I".blllly Ilarards 1 and - I - 1 PolECy Term «corir<a« { arCreesre each perwn n«ucr en a occ~nco tote ! Gena.-al Liability 1 b3591-2663 Prc-.;-c:.opcwtions 1-1-73/1-1-74 _ IS, 0js .000!s_ .00013 -300M s 100 .000;5100 .1700 l-re-e9 ^.d•:rt Contractors 1-10C812663- I t ! I1-1-73/1-1=74 IS --•o001s ooos •0i0 5 300.ooo!s 100 .oo"fs100_000 r-a~ror•s- 10C31266~---- - p *s ooo's _MiS_3o0.ooo;s 11QQ Cs .000 1---- t 1e r-- XX Fra•lucr 11-1-73/1-1-7L S .000'5 ' • ee „_tr. a 300.009, XXXX I,. (!renLed 1-1-73/ 1-1-717. !s 300(os MD .Wos1w AM r _ Automobile Liability 03-el.l.l:wm bilcs 1-1-73/1-1-7)t lS XXXX -100 Xe9s_-330_0006S 100 XXXX .000 Hlced.►v:o:ooUik- - 313012M-- --1 1-1-73/1-1-7a .ono XXXX Is 100 .00015 300_oools 10f> . xXxx r X Qn rej Autemobi*s - 7;3C81'16b3 - - - 1-1-73/1-1 Th _ ooq xxxx_'s 100 .(oos-300. Is 100 ,oil xxx Workmen i Compensation 1414060193 I Conlrcnsation - Statutory and (1-1-73/1-1-74 I 100 Employers' Liability Employers Liability - 5 .000 Cmbrella thbility 33BOO7013 ` IS 2 ,000,1700 It/01/73-76** I { I '1?witSrci,":n►utotnobileLiabtlitythe Poticy\lunberenreredabm'einchtdesthes)mbolGl1.AZ,MVP. XlAGc•.PG itheword"occurrence" is amanded to read "accident". ^Location and description of operations, aistornobites, contracts, etc. (For contracts, indicate type of a rcentent, party and date.) **Umbrella Liability-American Motorists Insurance Company F If FA icy is eanccled,10 da" written notice will be given to: SPL•CMEN COPY r lti; Ar4iorked Rrprewxktita- Fora AL-N-1 Prt.t<d b U. S A 1.70 f~ r r _ r -,1 c~ L i~ - aaessv-.. _ _ _ _ _ -------------n,►xrMS.....wsocrv..r= THE STATE OF TEXAS, KNOW . COt1NT~, OF DEIlTKNOW ALL MEN BY THESE PRESENTS: JJ 24472 That the City of Denton, Texas, a Municipal Corporation a of the County of Denton and State of Texas , for and inppnsideration of the sum of i Ten and No/100----------------- ------190LLARS, and other good and valuable consideration to it in hand paid by Commonwealth Development Company of the County of Denton and State of Texas , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE. AND FOREVER QUIT CLAMI unto the said Commonwealth Development Company its heirs and assigns, all its right title and interest in and to that certain tract or par- cel of land lying in the County of Denton and State of Texas, described as follows. to-wit: Being out of the Eastridge II Addition, an addition to the City of Denton, Texas, recorded in Volume 7, Page 32 of the Map Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at the intersection of the south right-of-way line of Montclair Place (50 foot right-of-way) and the west right-of-way line of Mockingbird Lane (50 foot right-of-way); THENCE south 00 10' east a distance of 104.91 feet to a point for a corner; THENCE north 840 10' west a distance of 31.65 feet to the point of beginning; THENCE south 50 50' west a distance of 6.0 feet to a point for a corner; THENCE north 840 10' west a distance of 35.0 feet to a point for a • corner; THENCE north 50 50' east a distance of 6.0 i'eet to a point for a corner; THENCE south 840 10' east a distance of y5.0 feet to the point of be- ginning and containing 210 square feet or 0.0048 acres of land, more or less. TO HAVE AND TO HOLD the said premises, together with aU and singular the rights, privi. leges and appurtenances thereto in any manner belonging unto the said Commonwealth Deve- lopment Company its heirs and assigns, forever, so that neither the said City of Denton, Texas, its successors tree *117aor any person or persons calming under It shall, at any time hereafter. have, ch im or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. WITNESS our hand at Denton, Texas this pr Ir 18th day of December A. D.19 73 S-l i l.) r~witte at-Irsequyt Grantor: CITY ~OF_ DENNTON TEXAS BILL NEtI, MAYOR • S HJLT CITY SEC T ar.%ut.L Al1►,wna.oUli.Yll;iota THE STATE OF TEXAS, COUNTY OF } BEFORE ME, the undersigntd authority, in and for said County. Texas, on this day personally appeared known to me tc be the person Whose name subscribed to the foregoing instrument, and acknowledged to we Iket he executed the same for the pnposes and consideration therein expressed. GIVEN UNDER NY HAND AND SEAL OF OFFICE, This day of A.D. 19-.. (I_S-) Notary Public, County, Texas My Commission Expires June 1, 19__. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority, COUNTY OF J in and for said County. Texas, on this day personally appeared known to me to t c the person whose nave subscribed to the foregoing inst ument, and acknow:edged to roe that he executed the same for the purposes and considerati-n therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thi: day of A.D. 19-.. (LS.) ' Notary Public, _ County. Texas My Commission Expires Jone 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, fl BEFORE ME, the undersigned authority, COUNTY OF,. DENTON in and for said County. Texas, on this day personally appeared JQA 11 Neu,_zayDr_of...the--ciLy_or ..Denton.,. N known to me to be the person and *film • whose name is ' tb ifnregoing instrument and acknowkedged to use that the same wu the act of the said 4of ~lt.oil Texas.,_.a_municipal Y eorporatioasaiid lkat be txeet .t!)e saute as the set of suck corporation for the purposes and eonalderatioa therein expressed, and She ra06ty ybeto- ..>)tated G1VE9 b'QEI' MY HAND11jfD SEAL OF OFFICE, This.. 1 day of A.D. 19-73 j - - Notary POU. Den ton Corm T02011 t Of stv' % b. ~ my Commission Expires June 1. 1lA_ CLERKS CERTIFICATE THE SPATE OF TEXAS, . _ . - - . _ , County COUNTY OF L _ _ _ Clerk of tho. County Court of said County, do hereby certify that Ike foregoing instrumnt of writing dated on the _ day of A. D. 19 , with its Certificate of Authentication, was filed for word in my office on the.. day of. , A. D. 19 , at _ o'clock 8., and duty recorded this _ _ _ day of _ A. D. 19 . _,at.. _ o'clock V., in the Records of said County. in Volume _ , on pages _ . WITNESS KY HAND AND SEAL OF THE COUNTY COURT of said County, at office in _ . . . _ , the day and year last above written. County Clerk County. Texas (L. S.) By _ , Deputy. l ~ ' rs Q O o o E =at rs N i Uiai N p i -0 A Z' CI d C1At 0~ ww l ~ •Y Q 0.4 a O r Q O H A d v i M Y • Z! O; •a,,'.1i4~ Ili I ~1 01 V~ NO. AN ORDINANCE AMENDING THE ZONING WP OF THE CITY OF DENTON, TEXAS, ` AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF 3 THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP i CITY BLOCK 3037, ASSSHOWN4-HIS CITY DATE ON THE 60FFND CITY LOTS ICITAX 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 No. 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 Zon- ing 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 "SF-10" & "SF-16" Single Family District in the same manner as other property located in the "SF-10" & "SF-16" Single Family District; All that certain lot, tract or parcel of land lying and be- ing situated in the City and County of Denton, State of Texas. Being that portion of land located on the south side of Willowwood Drive and along both the east and west sides of the proposed extension of Highland Park Road (approxi- mately 18 acres of land). City lots 3 & 4, City Block 3036 being that portion east of Highland Park Foad and being zoned "SF-16' Single Family District and City Lots 2.3 & 5 City Block 3037 being that portion west of Highland Park Road and being zoned as "SF-ld" Single Family District. SECTION 11. 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 4 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 ;.r maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immedi- ately after its passage and approval, the required public hearings havingg 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 4th day of. ce er. A. D. 1973. i ATTEST: i IZV D.. hER; JR,=, YOR PRO ;3 tom' APPROVED FORM: W.- RALPH MARK$ CITY ATTORNff- mss" r+ .rte ~ V ~ w -e C I T Y O F D E N T 0 14 i A \ A D J U S T H E N T S FOR Ur F t? :Ill OF PECUI MZf 1973 Lusiness Personal ~ 42748.90 llugh Nixon Tax Assessor-Collector City of Denton, Texas e C I T Y O F D E N T 0 11 T A X A D J U S T M E N T S FOR T11F• NONT11 DECT VI.r, 1973 BUSH.F.SS PLERSO.:AL Arco':T liL:1E F:UI L`:~: - WAR \!ALU!7 TAX RF.AS0:1 B & D Paint L. Lody Shop 9010-00050 1971 1.70 Unable to locate, close4 Dee & B's Radio t. TV 'j030-01201 1971 4.25 Future Furniture 9050-03300 1971 1.70 rowlett 1.i:ulte Arco Sta. 9180-03505 1971 2.55 Address unknown-closed Trading l'o:t 9200-034.05 19'/1 51.00 Out of business,unable j locate B b D Body Shop 9010-00050 1970 1.50 Billy's Drive-In Cro. 9010-024. 5 1970 54.45 Gilbert Bor. Ins. Co. 90I0-03:05 1970 3.00 Crouse Culf Station 9020-nG3)0 1970 3.00 City Produce Vkt. 9020-06800 1970 3.00 Easy !:ash 01 9040-00800 1970 84.75 Colleged purchased Evers Carden Center 9040-02005 1970 6.00 Unable to locate,closed Future Furniture 9050-03300 1970 1.50 Not in bus. Jan. 1 R. Q. Guess Coin-O-?antic 9060-03305 1970 34.80 Not in bus., deceased Jay's Auto Salvage 9080-01100 1970 3.00 " unable to locate Morton Foods 9120-05500 1970 30.00 Not in business Nat'l Health Studio 9140-00400 1970 9.00 " ;-unable to locate Nut ?louse 9140-03400 1970 3.00 Joe Serur-Dimensions 4 9190-02000 1970 75.00 " did not ovt Blake Snow Texaco Station 9190-04300 1970 4.80 " unable to locate R. E. Taylor 9200.00910 1970 15.00 " Tom's Chicken 9200-03103 1970 81.00 7 " BUSINESS ---1'liR.4 NAT. ~ Page 2 AcrOirrr VAIV: 1;11:71:! I_ ),All, VATJIPI: MX LF.AS03 Joe Yatbruu311 9250-00210 1970 6.00 Deceased Joe Yarbrough Gulf Sta. 925040215 19/0 7.50 B & D Body Shop 9010-00050 1969 .1.50 Unable to locate, closei Alfred l:uness 9010-03600 1969 4.50 Too old TR.s Climpitt Arocrican Sta. 9020-02510 1969 6.00 " Crouse Culf Sta. 9020-06310 1969 3.60 Denton Furs. & Railroad Salvg. 9030-03800 1969 94.80 Evers Carden Center 9040-02(105 1969 6.00 Unable to locate, closei Franks, laic. 9050-02505 1969 6.00 James Cate 9080-00;00 1969 6.00 it " Jay's. Auto Salvage: 9080-01100 1969 3.00 Out of business, unable t locate Jean's Barber Shop 9080-01300 1969 4.50 " M. Johnson Serv. Sta. 9080-02200 1969 1.50 Too old " Robt. N. Jones 9080-02400 1969 28.80 Joe Kennemer 9090-00700 1969 1.50 Magic Carpet Slide 9120-00205 1969 60.00 Out of business " Morton roods 9120-05500 1969 • 30.00 McNeill Maytag 9130-01800 1969 23.20 " deceased Nat'l health h Slendcrine 9140-00400 1969 9.00 " too old Nut House 9140-03400 1969 3.00 Too old , unable to lots Padgett's Corner 9260-00100 1969 45.00 " Amos Pritchett Furn. 9160-04600 1969 4.50 Out of business, too old Brad Searcy Shamrock Sta. 9190-01510 1969 3;00 Too old,unable to locate Smiley's Garage 9190-01900 1969 4.50 " Blake Snow Texaco Sta. 9190-04300 1969 4.80 Out of business, " T 4 O T.urA)er & hdwe. 9200-00200 1969 60.00 Talon-Shop 9200-0010 1969 24.00 It " Geneva b'hoeler 9230-02050 191.9 3.00 " BUSINESS l'ERSMAL rage 3 :EAti(1: Mike tlilbarn Sinclair Sta.9230-02410 1969 2.40 Deceased Joe Yarbrough 9250-00210 1969 15.00 " Alfred Ceress 9010-03600 1963 •.4.50 Out of business Luffs Furniture 9010-06200 1968 90.00 Unable to locate,closed Cochran Oil Co. 9020-03900 1968 3.00 Out of business,unable t locate Denton Vholesrle Co. 9030-05200 1968 22.50 Too old Jack Ennis 9040-Oi400 1968 7.50 Unable to locate Farmers Insurance Group 9050-00300 1968 1.50 Out of Business, too old Rich-Go 9060-02400 1968 7.50 " -Harolds Carage 9070-0070.3 1963 6.00 James Cafc 9080-00900 1968 6.00 " Jay's. Auto Salvage 9080-01100 1968: 3.00 Jeans Barber & Beauty 5080-01300 1968 4.50 R. H. Johnson S=rv. Sta.9080-02200 1968 1150 " It Robert W. Jones 9030-02400 1968 .28.80 Too old Joe Kennemer 9090-00700 1968 - 1.50 F: Lynch Real Est. 9110-03000 1968 4.50 Joe McAlister Texaco 9130-00200 1968 20.25 " J. L. McCoy Gro. & Nkt. 9130-00900 1968 18.75 Deceased Nat'l Health & Slenderine 9140-00400 1968 9.00 Out of business, too old Nc•rth Texas Recreation Center 9140-02900 1968 28.80 " unable t• locate Padgetts Corner 91rt:*1-00100 1968 45.00 Too old Pfaff Sewing Machines 9160-01800 1968 7.50 Out of business,unable t. locate J. Paster Poland 9160-04100 1968 38.40 Too old John & Billy Price 9160-04500 1968 18.00 Amos Pritchett Purn. 9160-04600 1968 7.50 Out of business,too old honer Reeves Shamrock Sta. 9180-02000 1964, 7.50 " ;unable t~ locate Ray Breves Shamrock Sta.9180-02200 1968 4.50 Smiley's Garnge 9190-01900 1963 4.50 Unable to locate. loo of ~ji9 1sUS11;1iSS---PL'1:S0:;AL -Pace 4 • Arr.~~t.~:r - 1'A1:I iai :+:i Yl'Al_ VALK 7•AX :FA$(~~! Blake :4nou Tvzaco 'taboo 9100-04300 1963 4.r.0 Out of business, too 014 Stegall Texaco 9190-Ou200 1968 .12.00 ' ~Strick'a,:J Gulf 9190-07500 1966' 3.00 T & 0 limber, 9200-00200 1968 90.00 " C. B. Ti.r._r-on.,; 9200-02700 1968 7.50 Too old Yen Ytin•ucr L•nco 9200-04100 1968 15.00 Out. of business " Wards Furniture Cernter 9230.00200 1968 15.00 Geneva 1:hecl,er 1,'ac:uty Shop 9230-02050 1968 3.00 Wilson 11(swe & Dldrs Supply 9230-03200 1968 7.50 D. B. lUoyd faint Canter 9010-0709 1967 45.00 Out of business Vdecevset J. R. Dutson Enco 9030-07201 1967 7.50 " too old • J. L,.Dyer 9030-07220 1967 4.80 Dean Coss 9060-02400 1967 7.50 Hillard Harrison-Jan's Cafe 9070-01507 1967 15.00 - " j Baynes & Willis Machine Shop 9070-01508 1967 7.50 Gerald D. Bird 9080-02301 1967 24.40 Too old , closed Joe Kennemer Conoco 9090-00700 1967 1.50 " P. Lynch Real Estate 9110-03000 1967 4.50 " N. B. Miller Const. Co. 9120-03001 1967 3.00 Out'of business, too oll Lee }Moeller 9120-03901 1967 15.00 North Texas Recre. Ctr. 9140-02900 1967 28.80 Padgett's Corner Boats 9160-00100 1967 45.00 Too old Billy Parkgr Welding 9160-00215 1967 3.00 Out of (business " Amos Pritchett Furn.,Antq. 9160-04600 1967 7.50 is to Ray Reeves Shawrock Sta.918O-02200 1967 4.50 Dick Strickland 9190-07500 1967 3.00 T & 0 Member, 11dwe. 9200-00200 1967 90.00 " suit tilt T, J. TcaEue Serv. Sta, 9200-00915 1967 4.50 " tco old C. B, Timmuq Finn 9200-02700 1967 7.50 Too old , closed /J 0, 50 707. BuSll;rss---I'F.RSG\Af. rake 5 VAU'r ~A\ a:nsa: Geneva Miceler Beauty Shop 9230-02050 1967 7.50 Out of businrs:-, too Olt 11Ilson lidwe., Builder Supply 9230-03200 1967 12.00 It " fir. H Food Store 9250-00305 1967- 53.25 " Andy Anderson liotors 9000-02600 1966 60.00 " suit fif D. B. Boyd Paint Ctr. 9010-03709 1966 45.00 too Olt Eagle Barber Shop 9030-07220 1966 4.£0 " C. G. Ferguson Apts. 9050-00620 1966 25.20 Too old Dean Coss--kicb Go 9060-02400 1966 4.80 Out of business, too ol( Jan's Cafe 9070-01507 1966 15.00 -113ynes & Willis Bach. Shop 91070-01503) 1966 7.50 Joe Kannemer Conoco 9090-00700 1966 1.50 -Too old Roland Lancy, Architect 9110-00601 • 1966 3.00 " closed Herchants Finance 9120-02601 1966 150.00 " H. B. Hiller Const. Co. 9120-03001 1966 3.00 Out of business,too old Lee Moeller 9120-03901 1966 22.50 Monroe burn. Co. 9120-04005 1966 45.00 " Amos Pritchett burn. 9160-04600 1966 21.90 Ray Reeves Shamrock Sta.9180-02200 1966 4.50 " Dick Strickland Gulf 9190-07500 1966 3.00 " T & 0 lumber Co. 9200-00200 1966 90.00 " T. J. Teague Serv. Sta. 9200-00915 1966 4.50 " Wilson Hardware & Supply 9230-03200 1966 12.00 Hr. H. Food Store-=• 9250-00305 1966 53.25 Andy Anderson Motors 9000-02600 1965 60.00 ,suit filr D. B, Lloyd Paint Ctr. 9010-03709 1.965 45.00 " K. C. Boyd Jr. - 9010-03710 1965 - 15.75 Gasmart System Inc. 9060-00501 1964 39.00 " Haynes & Willis Hach. Shop 9070-01503 1965 7.50 " Lewis Motor Parts 9110-01305 1965 , 52.50 " Buslness Personal Talc 6 ArCf~;!;1.1_• • 11A)_F; Yl!;11:1 I _`I:/~I_ \~A1.I1F: - ti'A~ ):F.ACQN 11el- hsuts Fillant.e 9120-02601 1965 150.00 Too old 11. R. 11i.ller Cenist. Co. 9120-03001 1965 3.00 Out of business ,too old Monroe rurnitnre Co. 97.20-0400', 11,165 45.00 fit Playlaud Recreation Cte.J160-03700 1965 56.55 " too o'_d Pay Reeves Sha•„rocl• - 9180-02200 1965 15.00 " flick Strickl:rd Gulf 9190-07500 1965 7.50 T& 0 Lumber Co. 9200-00200 1965 81.45 T. J. Yeague••Serv. ita. 9200-00915 1965 4.50 liilson Harder. p.pply 9z30-0:'200 1961 12.00 Mr. It. Food 5-ore 9250-00305 1965 53.25 il, C. Eoyd, Jr, 9010-03710 1964 6.00 Too old, out of bu;inesi Ilr,pies & Willis F1ach, 5°)op 9070-01505 190=• 7.50 -Out of business, too oU terchants Fjua..ce 4120-02601 1964 150.00 Too old, closed ]Monroe Furnit-ure 9120-04005 1964 45.00 Out of business, too o1C Ray Reeves 9180-(MOO 1961, : 15.00 Strickland Servo. Sta. 9190-07500 1964 7.50 It " }1}2son & Hatheson 9230-03200 1964 12.00 }i. Boyd, Jr. 9010-03710 1963 6.09 Too old closed Merchants Finance 9120-02601 1963 150.00 " It closed Monroe Furniture 9120-04005 1963 90.00 Out of busir..iss, too old Ray Reaves 9180-02200 1963 15.00 " Yt C, Boyd, Jr. 9010-03710 1962 6.00 Too old ` if.. Cr Boyd, Jr, 9010-03710 1962 5.10 It t!grc ants Finance 9120-02601 1962 150.00 " closed Monroe Furniture 9120-04005 1962 90.00 Out of business,-suit fil Ray Reaves 9180-02200 1962 15.00. " too old Nilson h Matheson 9230-03204 1962 12.00 " N. C. Boyd, Jr. 9010-03710 1961 7.f:0 Tao old V. C. Boyd, Jr. 9410-03710 19 i•1 6 ,0:1 • us Hess etsona Page 7 NAM: 1x!111:1 I: ► 11 A1_ \ Al_II_I•_ TAX i At0:7 Merchants Finance 9120-02601 1961 150.00 Too old Monroe Furniture 9120-04005 1961 24n.10 O►►t of busiurss, suit fi W. C. Loyd, Jr. 9010-03710 1960' 8.40 Too olds Merchants Finance 9120-02601 1960 75.00 Monroe it►r►titure 9120-04005 1960 256.80 Out of business,st►it fil Boyd & Loyd 9010••03710 1959 6.00 Too-old Merchants Finance 9120-02601 1959 75.00 ~~i i .D J ~J • f Fe'~`OiN LomdCRtUn* RS AANGEAALLIEDUN[/EMol 13 r.. a :a ! ?A` I. r. tlo. Ml rwuswn. I."sus l ..3 s5f (!(rPAPAP4v Wi1.': Ix;:1 CFI, 0 E I FIYARE GENERAL AGENTS ° f i- )i a;.'J)!AOBILE LIAEILIT` EXCESS INDEMIMY rULICY , 4. No. BAX o , • ''s ~ J.C.. l >i , t.: to WW'l . fl/p tay li A IA !a: '1 ''A lime K 00 address of the *BMW im.red ss sired Itetim. ! '74 s ~..:-.e~ :rn'.a•eS A/ s4T tetot.atiol of The ritsary inswartoe. f.1 • 1•Jn.. rti A1T/J tr i.:•:• I lr•'J't. :M: ;'i`.:1/ IY.. `A-e ,nth trmrts t"412 Of at-oun S shod rA Co/a1.. 1 below is ir• Wra ■411 raMA (j t'•. d.rtj tv ;nt t "It eNt.:.t e,:! .I tbs Wily. i ~ DESCRIPTION Of AOTOWUME ROME OF PAIwAP UMMtR MILT MUM HOMO Indemnity AP-R-28-08-20 ~i 1966 Internatirnzl. Trtir.i: ;CL 0358304 Wl ~r .1 rl ' 1:! rn:.J •Ct 7MC i J: Cary 4.0 rr•?t 11: r., r . 7a Eei•/iWl; !r.Oaf v? Ci i•.Aiee N wcOsc ,1rtl►.i.1t..8wee tot c6ors pyE U0 cMYj.i ` 1 ;'I 04b re.yet+ . i Aa:. Yti.a 3.v4 t;y or- rtr:tI :rrsarte yeSt'S (q 1_x11 aA0M3%il8 is dascmbed sboa of Is o wrtaoemM of a snow" 4 1 4"N ' ^rn . erP.e IM $J A t l)r. •s Mttre! ir• :,1I W Isle tompi^i s HA My ata s;t a dl sw* cosesp $ban k as •lelr• 1,•_ r., AQ IN 1!:-r...' N.. p't•cs I' i.•.:; •1 '.?tt 11JNrt PAk>VltlslS 1.b11OEAET111ilIMIrS Ir.t-r►llritriOSNl14e tIT1 row ( utr-ctT IF tatiss K T.E - r 4+r bU l CAR NO 1 C4+ f4^ 4 OF PWMART IMURAITCE MIO►-t ImaAw Halt) _ - - COTEVA" --s 10 Wes. - 'SPersc. f 90 .OOOtat%Knout A OW-1, le%,ri Eiao•'h s 20 .0w trio x,.& at 280 M0txb&cdeM u:rtnca or :ts'rtae t ..~U I S t i} of IN 1 T T 5... PlOeaa actide.t S .300 tab accident 8 Psw,:y Dsalait EiaJ.l•t. . o•ucwrerv_• raulx acute _ - S 1 ~ 1 i [IIIORSCNIJIi KYMi[RS:_ _ _ - - - - IU r S $+2.60 1 iota FsI111an _ . - : SWW FMUM IMSORARCE RIMING CLASS PER CAA s rsstn c! m:r: s:--~Ist husband's orcu,rbn) ,'ri r~s` 1•'• t'• i ♦ a r I:I Ct i:W'; ~'y E%•ve :n Irle 'AU' w city dts;v ere is item I a50e 'cl ')Jt?j ' . .IS N, r'• .h • r • 1 ' < .:.1 LIS • ..^.:r, :a•. ,..4 1, •p.. g1tr ns 'ej. s:n4t.N w tt at affreA4 bew der i8 - 'a1 ~.r_y .~;1` loss. 'G" North Locust,, Denton, Texas 76201 Dally1'•.:<a_ 12/1 j-1 3 1i1t Ra ger Allied Un$artr'riters i 6y. _ klhrved Itr.r•►:.IS<;, x, of / • •C Denton, Texas 76201 Decenber 19, 1973 Honorable Dill Neu, Mayor City of Denton Denton, Texas 76201 Dear Mayor: Attached is material outlining details concerning General Telephone's needs for an increase in local telephone rates. Also attached are four copies of the proposed rate ordinance which show the requested rates. We would appreciate being placed on your Council Meeting Agenda for January 8, 1974 and sincerely request your early approval of the ordinance which will make it possible for us to continue to keep pace with advances in telephone service. If i can answer any questions, please call me at 382-8221. Sincerely, R. J Division Manager Att cc: Morris Kibler - Councilman w/att Lillian Miller - Councilwoman cr/att Tom Jester - Councilman w/att George Schneider - Councilman w/att bc: C. N. Montgomery - Lewisville R. D. Punk - General Office A pal of General Tekplione & Ekdrooia GENERAL TELEPHONE COMPANY OF THE SOuT wnr Request for New Rates for Local Telephone Service Denton. Texas August 2973 • INTRODUCTION On the following pages of this rate brochure, you will find information and data concerning General Telephone's urgent need for increased telephone rates in the General Telephone exchange of Denton. The necessity for increased rates is not welcomed by the company, anymore than it is welcomed by the company's customers. The material In this brochure presents the various factors which have resulted in this necessity and operational data indicating the extent of the company'• need for rate relief. UNIQUE ASPECT A unique aspect of this filing is the pricing technique utilixed In establishing certain business rates. The new technique is one of many innovations being made almost daily in the communications industry. The new, more equitable, pricing system replaces one that is out of date with present circumstances and services. By using the new system, we have given recognitioa to the heavier calling capabilities of some business customers without metering or measuring of conversation minutes. COSTS ARE UP One of the hallmarks of this particular period in history has been the need by telephoce customers for evermore advanced and sophisticated communications facilities. This need has occurred during a decade characterized by a constant, upward spiral of costa of all kinds. We have been sensitive to the needs of our customers# and we diligently work to meet those needs. Many of the demands for expanded, improved and more sophisticated services can only be satisfied by investment In new facilities to augment the capability of existing facilities. NOW SECURITIES RELATE TO COST OF SERVICE Another of the characteristics of the telephone industry is that most of the money required for the construction of those facilities must be raised by the sale of securities In the current securities markets, which are also characterised by very high costs. The cost of these securitiesl, which must be sold in order for the company to continue its improvement and expansion programs, are directly related to the company's earning capability on existing Invested capital. So, when the cost of securities goes up, this forces up the cost of providing telephone service. Introduction - Page 2 After we have exerted every possible effort to hold costs down by taking advantage of technological improvements and operating efficiencies, it is now necessary to adjust the rates charged for services. This will make it possible for the company to maintain an adequate level of earnings and to protect its ability to acquire new capital upon reasonable terms so customer needs can be set. TELEPHONE PRICE INCREASES SLOWER The cost-price squeeze which is mentioned above, affects everyone-- business and individuals alike. It is significant to note, however, that the prices paid by the public for telephone services in the United States have not increased as rapidly during the past ten years as have prices for most consumer goods and services. This is the result of two significant factors: The efforts of the telephone industry to hold costs down through increased efficiences, and the fact that telephone companies are not free to adjust prices Immediately to reflect changes in costs for the equipment, materials and labor associated with the rendition of services. Rate adjustments usually occur only after higher costs have been incurred and have continued for a period of time at levels which are so high as to make it impossible to earn a fair return upon the fair value of the company's property. As you reed and study these figures, please keep in mind that more than SO percent of every dollar increase granted to tbt company will be paid out by the company in local, state and federal taxes leaving less than SO percent to cover the ever-increasing costs of doing business. We urgently request your immediate attention to our request so that we can prevent any "regulatory lag" causing deficiencies in earnings which, eventually, could affect the company's ability to provide communications services customers would like to have. H. R. JONES Division Manager NOTE: The Cost of Living Council, under the Economic Stabilization Act of 19700, as amended, has determined as follows regarding application of Federal controls to public utilities effective August 12, 1973: "Rate increases for commodities or services provided by a public utility are exempt." CERTIFICATION STATE OF TEXAS ~ - rY .COUNTY OF TON GREEN Before me, the undersigned authority, on this day personally appeared J. E. Graham, Vice President--Controller; T. J. McCallum, Vice President--Engtneering b Construction; and P. T. Nolan, Vice President--Revenue Requirements of General Tele- phone Company of the Southwest and each having been by me first duly sworn on oath, each for himself certifies as follows: The books and records of the Company are maintained in conformity with the Uniform System of Accounts for Class A Telephone Companies prescribed by the Federal Comm nIcations Condission. The enclosed statement of exchange revenues and operating expenses, accord- ing to their best knowledge and belief, are true and correct statements, prepared from the records of the Company. Stratght-line depreciation rates filed with Federal and State regulatory commissions and used by the Company in booking its depreciation expense have been applied to March 31. 1973 fair value plant in the determination of depreciation expense. Apportionments of Commaaoa Expenses are generally made on a basis consistent with that used for the separation of those expenses according to procedures prescribed in the "Separations !Manual" which was prepared and issued by a joint staff of the National Association of Regulatory Utilities Commissioners 01ARUC) and the Federal Communications Commission (FCC). The fair value of telephone plant is a statement of the present value of the Company $a real and personal property used and useful in the rendition of flat rate exchange telephone service in the Denton. Texas exchange to which has been applied an allowance for age and condition. Rate base consists of such fair value plus cash working capital and materials and supplies associated with the Denton. Texas exchange operation, served by General Telephone Company of the Southwest. The separations procedures as outlined by the Federal Communicstions Commis- sion and the National Association of Regulatory Utilities Commissioners have been followed, thereby assuring the separation of local operations from total operations in matters of revenues, expenses and investments. GRARW P. T. NOLAN . E. Vice President--Controller Vice President--Revenue Requirements j 7 Z ' 'd a C T. J. Nc - c#EUuK Vice Pres dent--Engineering Construction SUBSCRIBED AND SWORN TO EFFORE NE by the sold J. E. GRAF116`1, T. J. McCALLtM, AND P. T. NOW this the day of mss- . 19 Vii, A.D. to certify which witness my hand and seal of office. OW KV Notary Public in and for Tom Green County, Texas EXHIBIT A GENERAL TELEPHONE COMPANY OF THE SOUTHWEST • Statement of Net Operating Income Twelve Months Ending March 31. 1973 Denton, Texas At At Present Proposed Operating Revenues Rates Rates Local Service Revenues $294539334.28 $297809768.76 Miscellaneous Revenues 1409640.49 1409640.49 Less: Uncollectible Operating Revenues 8,635.44 9,175.87 Total Operating Revenues $2,585,339.33 $2,912,233.38 Operating Expenses Maintenance Expenses $ 3919361.83 $ 391.361.83 Traffic Expenses 1149369.14 1140369.14 Commercial Expenses 1469351.60 146,351.60 General Office Solari** b Expenses 1230094.69 1239094.69 Other Operating Expenses 81,636.37 819636.37 Depreciation 7649634.09 7640634.09 State and Local Taxes 220.760.21 235,037.44 Federal Income Taxes 199,902.39 3499958.47 Other Federal Taxes 31,896.23 31,896.23 Total Operating Expenses $2,074,006.55 $2,238,339.86 Net Operating Income $ 511,332.78 $ 673,893.52 Interest During Construction 99152.43 99152.43 Income Available for Rate of Return 520.21 $ 683.045.95 EXHIBIT B GENERAL TELEPHONE COMPANY OF THE SOUTHWEST Trended Cost of Telephone Plant and Related Ate and Condition At March 31, 1973 I Denton, Texas Allowance Net For Age and Trended Pleat Account Goss Plant Condition Cost (a) (b) (c) ~dr Land $ 1719296.32 S - S 1719296.32 Buildings 9389819.14 1129969.69 825,909.45 Central Office Equipment 2,806,385.38 627,492.59 2.178,892.79 Station Apparatus 195629008.83 3100911.60 10251.097.23 Station Connections 192639656.92 (9,949.64) 1,273.606.56 Large M 9289458.20 101,279.00 8279179.20 Pole Lines 521,800.61 161,661.63 360,138.98 Aerial Cable 29792,448.14 569,933.07 2,2229515.07 Underground Cable 794,131.05 116,823.82 6779307.23 Buried Cable 439,614.75 62,274.50 3779340.25 Aerial Wire 319655.01 2,122.21. 29,532.80 Underground Conduit 5819772.65 579998.01 523,774.58 Furniture 5 Office Egnipmat 789259.36 27,493.50 509765.86 Vehicles 6 Other Work Egaipamnt 393,722.69 181,200.25 212,522.44 Totals $23,304,089.05 $2.322.210.29 $10,981,878.76 MIEIT c GCMRAL TELEPHONE OOICANT OF TU SOUTHWEST Rate rase and Rate of Return At March 31. 1973 Levels Denton. Texas Present Proposed I Rates Rates Present Tair Value of Property nU.9819878.76 51009810878.76 Working Capital 710401.13 710401.13 Materials and Supplies 1059589.63 1059589.63 Plant Mhder construction 130.191.18 130.191.18 Rat: Base 11.289.060.70 11,289.060.70 Income A-ailable for Return 520,485.21 683,045.95 Rate of Rotors on late Ease 4.612 _ 6.052 EIOIISIT D r L CENEFwL TELEPHONE COltMY OF THE SOIli MEST Denton, Texas Class of Service Present Rate Proposed Rate Business One Party $13.00 $17.05 Business Extension 1.75 2.00 Residence One Party 6.15 7.00 Residence Two Party 5.15 6.00 Residence Extension 1.25 1.50 Rural Business - Four Party 11.00 21.30 Rural Residence - Four Party 5.50 8.70 Sestpublic * .43 17.05 *Dally Guarantee ROTARY SNITCHING CHARCE PER TRM No. Rate No. Rate Trunks Each Trunk Trunks Each Trunk 1 $12.55 19 $29.35 2 12.55 20 29.65 3 12.55 21 29.95 4 15.70 22 30.25 5 18.05 23 30.55 6 19.65 24 30.65 7 21.25 25 31.20 8 12.20 26 31.50 9 23.85 27 3t.d( 10 24.80 28 32.10 11 25.80 29 32.45 12 26.30 30 32.75 13 26.85 31-35 33.75 14 27.40 36-40 35.45 15 27.95 41-45 37.20 16 28.50 46-50 39.05 17 28.80 All Other 41.00 18 29.10 Rotary Tank Charse $4..0 Each k~ "b\s n p AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON* TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 13TH DAY OF DECEMBER, A. D. 1973. R E S O L U T I O N WHEREAS, on December 18, 1973, the voting citizens of this community will express themselves in regard to the implementation of a $6,000,000 Bond Program; and WHEREAS, the proposition on the ballot to be determined by the voter limits the application of said bond funds to the deve- lopment of a street and drainage program; and WHEREAS, in the opinion of this Council there exists specific street construction programs urgently needed to be implemented with- in our City within the immediate future; and WHEREAS, it is the express desire of this Council to go on the record publicly in favor of designated programs of street improve- ments and pledge its commitment toward the completion of such street and drainage programs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Taking into consideration the uncertainties of the future as to inflation, value of property, labor costs, possible devaluation of the dollar, etc., the City Council cannot guarantee that the $6,000,000 proposed in the bond issue, which shall be voted on December 18, 1973, will be sufficient to complete all of the pro- jects hereinafter listed. However, tl~e members of the City Council hereby pledge and commit that the funds auchorized shall be spent exclusively on the hereinafter listed projects until all of said pro- jects have been completed, and further urge that future Denton City Councils honor this commitment. (Projects not listed in priority of need or implementation.) RESIDENTIAL STREET ASSESSMENT PAVING PROJECTS, SOUTH CARROLL BOULEVARD - HICKORY TO I-35, SHERMAN DRIVE - LOCUST STREET TO CITY LIMITS, MCKINNEY STREET - CARROLL BOULEVARD TO BELL AVENUE, CITY-WIDE DRAINAGE STUDY, SIGNAL 6 INTERSECTION REVISIONS, BELL-INDUSTRIAL STREET - MCKINNEY TO EAGLE DRIVE, AVENUE E - OAK STREET TO I-351 BONNIE BRAE - SCRIPTURE TO I-35. PASSED AND APPROVED this the 13th day of December, A. D. 1973. B LL NEU$ MAYOR CITY OF DENTON* TEXAS ATTEST: XROOKS HOLT, CITY SECRETARY CITY OF DENTON? TEXAS APPROVED AS LEGAL FORM: W04%, CI ATTORNEY CITY OF DENTON, TEXAS . r T ~9 C ~ } _ , GULF INSURANCE COMPANY si EXECUTIVE OFFICES - DALLAS. TEXAS BWD 52 81 32 LICENSE 111100 XhOW ALL MEN BY THESE PRESENTS. That we._ EIE~`I'RICAL CQdMI07'UJ(3 It'AD1IflJANCE OOMPANY, INC. as himcipd, and the GULF INSURANCE COMPANY, hKorporated under the lam of Iha Shb of Trios, nib Its Nowe Ollrce in Dallas, Turin, as Surety. are k1d a0 bound CITY OF EE M42 TMS -k Fumy vmto__-- - - . as Obtigee, in WA, CK THOUSAND W NO/100 1 of " _ oorlars aIs000.00 - lawful money rf Me United Slates for which peyoreet, well and butt' to be made, we bind ameba, our leeks, aeaton, sdmirhisbabrs suc- s censors and xsigm:, jointly and severalty. frhay by the•1 presents WHEREAS Bu hiwW has *$Kd to ft Obligee for a k em b- ELECTRICIAN WAN, THEWORf, THE CONDOM OF TIRS OBLIGATION IS SUCK that t the hindpal SW indoW ify go (Wpo agolow all loss's it caused by said Frincipals breach of any adhramce, rift of regulation relating to such hcm# ban the above ebrotion 0A be volt Wwwke to be and reahrm in bN b,ce and effect PROVIDED. THE UABIIITY Of THE SURETY We this boas OM be and regain kn full force mad effect be the full period of the kw1w cab renewals lbercof. issue) to the priKW above named, or unhT lea days after NOW by the Obligee of a wrifi n notice signed by W Surety, of its ao:tieri.-ed agent stalime but Bur' mmity of such Surety Is 110e'1y lermiated and canceled; and provided fabler, that no%mg hereim 300. affect any rifbls at IiabilitiLs which " have sawed under this bond prior to the dab of such terwinatim 'IV S•gecd seared and dated the 23M day of LECEMBO 19-D- EIECTRICAL 00MACr MG A MAI?dI MCE 00HPANY, INC. M" ftes Aj! = 6111E ~CE C011!' Z44 notn1a fees Eb$$Z,yTt S ro.m 1 S3 IS (e e1) t ~E s = TOC ~A nw i 0 m o" o xm D0 N , 3 CC - m ~ X'n N m N m POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: that GULF INSURANCE COMPANY, a corporation of the State of Missouri, hereinafter called Company. Does hereby appoint ROSALYN TIIOMPSON9 DALLAS, TEXAS its true and lawful Attorney-in4act to make, execute, seal and deliver on its behalf, as surety, any and all bonds and undertakings of Suretyship. The execution of such ponds or undertakings in pursuance of these presents shall be as binding upon the Company as if they had been executed and acknowledged by the regularly elected officers of the Company. This Power of Attorney is issued pursuant to and by authority of the following resolution of the Board of Directors of the Corn- Party. adopted effective September 29, 1961, and now in full force and effect: 'Res~ Prat ow Resident or any We f+res4ent or any save" mWappoini Amxneys.in.laci a any State. T«nlpy or Fseaa Oistuct W neprgert Ihit ta+npany ant W au on its befwf wiimn me sober of the auth ny VIVOW W Own on walt.n. Ww:h authony may vKbda The power W make. eaecWe. seal and deliver on b~ Of in.$ Cormpany as Surely. and as nta act and deed any and ON bonds ant u dartakings of suretyship and otw doc~s eat the ordinary course of surely Noune» may eQmwe. w.cbdng auffdrity to appoint aWnfs Ip ne s4nace at process M any junsdicuon. State or Federal aid aumonty to attest W to signature a me Preaw"" or any V" Pmu- dam or any Setratiry and to ve ivy any aardaeit or oew satement War" to the loop". and to certify W a Copy of any of No by4aws of ee Company aid to any esola- I*" a4opted by ifs board of OwKWrs: and any such Atianeyir•fact my be rwwoved and the authonty granted him nevoae0 by the President of any vita President or any $eaehy or by " goad of oarectoes.- This Power of Attorney and Certificate cf Authority is signed and sealed by facsimile under and by authority of the following reso- lution voted by the Board of Directors of the Gun Insurance Company at a meeting duly called and held on the Yoh of July, 1973. -Absolved mat the sigwalUes of YYatem J. itwedar. PRSident. ot of ftedeneu 600. Senior V" Prosipmt. or of Arthur C. warden. Vito President. or of Jack W. slay. lord. YKa Pmsidert, ON of Wihiam E. EWor. YKe Presift . a a Dougras Swhpson, SW"My. Or Of R. C. F WWS". SscMary, and ere See of the Cprpary pally W affwed by tacsicaft W ry Power of 400"If w W ay oenifinate rdatirg lla"O oppow" Attorneys.in.faci for purposes pry W exi pun," and aneeting bonds and uMrtahinpa and pew wrtwgsobrgaiory N tlyryfylelhaeW, and my Mich power at atemey at cendicale bear" such faeailhie signalura or bgieile seat sppa to card and ardinre ePOrr tie CphOay aed any such power so "S WOO ant certified by NO tacaimia agnahre and tarsMwN seat stall be valid and ending Won no Car"" N ey lufura entt tespeel W any bond at enddiaking W Wick it is etxhed.' vaJiereof, the Company has caused this Power of Attorney to be signed and its oorponle seal to be anixed by its aut11o- { aMlcfs``'1lhi~'' 17th der'' 01 Sept. 1973 73, SE UhRmmmj--~ By JACK w.1MYNARO VICE PNESif W STAT6 Or. TfiAS ss: COUNTY OF DALLAS Oro oks robin, duly cprrtr17th and swan. do or Sept. 1973 betpe me. a Public of the State and County afweaad. resdwg f>enowiy cams tlrtab" nand alioca of the Company. who Barg by one Net duly Owen accpdinrp a taw, did depose and say mM M is mat onk" of tlycompary described in and rasiich *~.ad the foregoing wwrurntal; dual he krdws try seer: al 0* Company: leaf the a" affwed to Such inalnnnent is dw corporate seal of me Company; and W41 ow owmate sear and his $WWWe as such of IKar woe affi.ed and subecoW tome said inilnnhenl by the auilrpily WW d+ection or the Company. - 4 99=~L fsM1 X. 24f CLIFFORflR. bEAAD w a TARP WBUC w cowmssvo etpiras We 1st der of June 19 73 Gjt~RANCsstC" CERTIFICATE l L Mr do hereby codify that the original Power of Attorney of whicn the foregoing is a true and correct copy is in full J cj°ft~q`6iW 0Ael~ -1110 foregoing ntsoluf ion is a true and correct transcript from the records of the Company, and that the above l~PeO officer ttf]Pf the date of execution of the foregoing Power of Attorney authorized to execute this Power of Attorney. i~ l SSSSSS have her to subscribed by name and affixed the corporate seat of the Company this OVA4 day I10110 ASSWIPSON SECRETARY Forms S9»tfTlb ~i E A Y a ~ A Z , C N D D Z C A w A A A 3o. A Sr -WARRANW DEED-Web Siai k. Jriat ad Wales Squsu Actaoskdrmew MARIIY Sgooe Co.. Dallas THE STATE OF TEXA.53, 2-5584 Know All Alen By These Presents: County o.'.___...DENTON 1 That KATHLEEN P. FLOYD Of the County of Denton , State of Texas for and in consideration of tbesum of one ($1.00) dollar and other good and valuable consideration DOLLARS, to the in hand paid by City of Denton , of the County of Denton and the State of Texas, have Granted, Sold and Coa.-eyed, and by these presents do Grant, Sell and Convey unto the said Kathleen P. Floyd of the County of Denton , State of Texas all that certain Lot, Tract or Parcel of land lying and being situated :n the City and County of Denton, State of Texas, and being part of Lots 14, 15, 169 11, 18 and 24 of the C. C. Belles addition to the City of Denton as recorded in Voltse "U", Page 86 of the Deed Records of Denton County, Texas, and also being par: of eitht tracts of land designated as "Second Tract", "Fifth Tract". "Sixth Tract", "Seventh Tract", "Ninth Tract", "Tenth Tract". "Eleventh Tract" and "Twelveth Tract", as conveyed from W. D. Buttrill to Kathleen P. Floyd by Trustee's Deed dated April 1. 1969, and recorded in Volume 594, Page 417 of the Deed Records of Denton County, Texas, and sore particularly described as follows; Tract One: Beginning at the Southeast corner of said "Second Tract". save being the South- east corner of Lot 14 of said C. C. Bell's Addition, said point of beginning lying in the West right-of-way line of Vine Street and being 505.5 feet South of the intersection of the West right-of-way line of Vine Street acid the South right-of-way line Withers Street; Thence West along the South boundary line of said "Second Tract", same being the South boundary line of said Lot 14 of C. C. Bell's Addition, a distance of 20.23 feet to a point for a corner; Thence North 30'28' East a distance of 39.89 feet to a point for a corner in the East Boundary Line of said "Second Tract", same being the East boundary line of said Lot 14 of C. C. Bell's Addition..and also being the west right-of-way line of Vine Street; Thence South along the East boundary line of said "Second Tract", same being the goat boundary line of said Lot 14 of C. C. Bell's Addition, and also being the West right-of-vay line of Vine Street, a distance of 34.38 feet to the place of beginning and containing 347.72 square feet of lands more or less, Tract Twoi Beginning at the Southwest corner of said "Sixth Tract", same being the South- west corner of said Lot 15 of C. C. Bell's Addition, said point of begimring lying in the East right-of-way line of Vine Street and being 506.5 feet South of the intersection of the East right-of-way line of Vine Street and the South right- of-way line of Withers Street; Thence Nctth along the Vest boundary line of said "Sixth Tract", sane being the West boundary line of said Lot 15 of C. C. Bell's Addition and also being the East right-of-way line of Vine Street, passing at 100.0 feet the Northwest corner of said "Sixth Tract" same being the Southwest corner of said "Ninth Tract" and continuing North, a total distance of 102.38 feet to a point for a corner; Thence North 30°28' East a Distance of 468.23 feet to a point for a corner in the North boundary line of said "Fifth Tract" same being the North boundary line of said Lot 24 of C. C. Bell's Addition and also being the South right-of-way line of Withers Street and being 237.34 feet East of the Intersection of the South right- of way line of Withers Street and the East right-of-way line of Vine Street; Thence East along t'-e North boundary line of said "Fifth Tract", same being the North Boundary Line of said Lot 24 of C. C. Bell's Addition and also being the South right-of-way line of Withers Street, a distance of 70.57 feet to a point for a corner. same being the Northeast corner of said "Fifth Tract" and lying in the West right-of-way line of the T. b P. Railroad Company; Thence Southwesterly along the East boundary line of said "Fifth Tract", "Twelveth Tract", "Eleventh Tract", "Tenth Tract", "Ninth Tract", and "Sixth Tract", same being the West right-of-way line of the T. b P. Railroad Company, a total distance of 568.34 feet, more or less, to a point for a corner same being the Southeast corner of said "Sixth Tract"; Thence West along the South boundary line of said "Sixth Tract" same being the South boundary line of Lot 15 of C. C. Bell's Addition, a distance of 57.80 feet to the place of beginninS and containing 43,952.91 square feet of land, more or less. TO HAVE AND TO HOLD the above described prc-Miser, together with all and singular, the rights and appurtenances thereto in auywie belonging unto the said Kathleen P. Floyd, her weirs and assigns forever; and I do hereby bind myself .lay heirs, executors and administrators, to Warrant :.ad Foram Defend all and magular the said premises unto the said City of Denton heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witnew my hand at Denton, Texas this 31st day of December , A.D. 19 73 Witnesses at Request of Grantor: THE STATE OF TEXAS COU?TY OF. DentOZ BEFORE CIE, the uWasigne9 authority. . in are for said Cot, ty, Tens, or this day personany appearw........ .Kathleen PFloyd_.__....__.._._._..-..-._.._._....._-_.._..-._..... a L kat1.v to104 n-...whose name..... -.to the foresairtg irclrumeK, and ackaowledgrd to me that % same for the purposes and consideration therein expressed. 2 vrv V> ( T j HAND A.~D SEAL OF OFFICE, This .-_.._31 ...dar of__DeCeuber . A D. 19.? 3 lab • Ens) G t _--....Conn ` Notary P9bTic._____.__Denton b. Tens qty Commis. ~ Expires THE STATE OF TEXAS;' COUNTY OF-....... JEFORE ME, the undns:goed authority. 111 !n and for said Cs .sty, Texas. Or ibis day personally appeared--_°-- _ . wife oi knows to me to be the -etsoo whose same is subscribed to the foregoing instrument, and basing been eranined b. me prWay and apart how ber husband, sun having the same fully explained to her. she, the said.... - _ acknowledged such instrunent to be her ad and dad, are she declared that she bad willingly signed the same for the purpaees and considratlon therein expressed, wed tlwl she die rot wish to retract it. G1VE.V UNDER MY HAND AND SEAL OF OFFICE, This day AD. I2..__ (L. S.) _ _ Notary Texas :y Courrah" Expires loot - THE STATE OF TEXAS, BEFORE ME, the undeesitoed authority. in and for said County, It cu. on this day personany sppcared "a.._..................... his wife, both known to we to be the pawns abuse mama are sAeaibrd to the (cregoft instrument, and acko wkdged to me that they eacb esemled the same for the purposes and considastion therein expressed, and the _ wife of the saw- teen examined by me pews', and apart from bet husband, recd having the awe fully eaplafred to ba, she, the said y_ _..__.avkoowkdged such instrument to be her ad had dad sad sbe decLred that sb. had willingly signed be same for the puryor and eoosideration therein espm"W, and that she did sot wish to retract it. G..*V%K UNDEP. MY HAND AND SEAL OF OFFICE, Tbb day of...... A.D. 19 lL S.) Notary Pubik....__...___. Teas My Commisioo Espira June... fo.._.- THE STATE OF TEXAS) 17omry Ckttk of the County Court of said t ourty. du bereby caWy that the foregoing irotrur•ant 4,f writing dated an the........-- .--------..day of^_ . AD. 19-.._, with its Cerlifiale of Aatbertkatioc, was filed for mooed it soy office as lha __-.day of_ A.D. It-. a~.--_.o dodo - M . and was duyr "corded 'It rip 211, in the Records of said Court', in Vol- WrrNESS my hand and sal of the County Coot of said County. at ol:a a--- &y sad year least above WAtes. :ktk County Court .-Cot ry. Tesst- 1 L. S.r By--- - - - - - Deputy. )J it r ^ ~d 'o z xa € V~ ° = a it e X cr m x • : :a 'tl r'r.. A : fie. V Cl e tl u o c o 3• :<'1 ~ ~ ~ a t :s se ~ IL y yap T 'A - i O t Cl d > o 6 Q & A o o R . CERTIflt1►?E Of R£CO Court kr and far said ' TAE SPATE Of TEXAS l1, MARY !O WILL. Clerk of the Cowitil t C0,14f, Of pENTON ! ng q~thhnent of trrltinE' itT. ce Se of. . l „u ~y do h4eby tec'h' that the foregci time sla>nped hereon and duty I Vwn*awn s f, record on the 7date and at the ~ recorded daY JK . 197 tat . `fockQlT . M Vbla Itowds cl Denton County. Texas. at Iast a0ove wmen. .~y~igKalofaAloeitOEntioA,T~~~anr.Yes~ t#flblesa , . ~A1tAY !D H LL Dow perk of the County Court genL+n Co.. Texas I Ill: STA I E Ol' 1 EXAS l I KNOG AM. MEN BY TIIESF PRESENTS: rkll ' IWNTON 1 THAT, MONTECiTO DEL SUR. INC.. (Grantor) of the Cil- of Mnton. Sate of Texas, in consideration of the sum of Ten and 00/100 ISI0.001 Dollars, and other good and valuable consideration in hand paid by the City of Denton. Siate of Texas, receipt of which is hereby acknowledged , does by these presents. grant, uargain, sell and convey unto the City of Denton, an Easement. the same being the free and uninterrupted use, libertyand privilege of the p>.ssage in, along, upon and across the following descr:".ed property ownei by GRANTOR, and being part of MONTECITO DEL SUR according to the • plat thereof filed for record and recorded on May 17, 1973, in Volume 731. Page 673, in the Deed Records of Denton County. Texas, as follows: 1. Being a 16 ft. utility easement at ong the south boundary line of Lot li in Block "A said easement extending 230.17 feet. more or less. 1 from Granada Trail to the rear property line of said lot. 2. Being a 16 ft. utility easement along the north east boundary line of Lot 13 in Block "A", said easement extending In a southeasterly direction along the northeast boundary line of said lot a distance of 50 ft. from the front curb line of the said lot facing Granada Trail. 3. Being a 16 ft. utility easement along the northeast boundary lie • e' l.ot 2 in Block "D", said easement extending in a southeasterly direction along the northeasterly boundary line of said lot, a dis- Lance of 50 feet from the front curb line of said lot facing Granada Trail. 4. Being a 16 ft, utility easement along the northeast boundary line c.. Lot 4 in Block "D" said easement extending in a southeasterly direc- tion along the northeast boundary line of said lot, a distance of 50 feel from 'he front curb line of said lot facing Granada Trail. 1 And it is fnrd.cr agreed that the said City of Denton in consideration of tl:c L,ceiits above set oat will rewoce from the utility easement above dcs. cribed sk.tch fences. improvements and other obstructions as may now bc fou rid upon said casement. in order that the said City of Denton may ins all on said easement pablic utilities, in, alcng, upon and across said premises, with the right end privilege at all times of the GRANTEE herein. its agents, ewployees, workmen and representatives, having ingress, egress and regress in, along, j upon and across said premises for the purest of making additions to, improve- ments on and repairs to said utilities in said easement or any part thereof. = TO HAVE AND TO HOLD unto the said City of Denton as aforesaid, for the purposes aforesaid, the utility easements above described. Witness our hands this 11th day of December, A. D. 1973. GRANTOR Monte Del 5 BY ATT£.r'T: r i t Secteta y (SEAL) THE STATE OF TEXAS) COUNTY OF DALLAS ) Before me, the undersigned autherity, in and for said County and Sate, on this day Personally appeared c5s jet ~e, President of MONTECITO LEL SUP, INC.. known to me to be the pe on whose name is subscribed to the foregoing instrument, and acknowltdg d to me that he executed the same for the purposes and emsideration therein expressed ? !-.the capacity therein stated. Given under my hand and seal of office this day of December. • A. D. 1973. ~t s Public in and for 1>atlaa county. State of Texas. • I My commission expires Juno'.. Ic S. I , r 3 rn m ~ C7 p T J Ar.ps...' rn" co R' W , v C45 o co ~ ~ ~r G THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM Use only with the latest Edition of AIA Document A201, Cene.al Conditions of the Contract for Construction This document has important legal consequences; consultation wiih an allorney is encouraged vith respect to its completion or modification. AGREEMENT made this 21st day of December in the year of Nineteen Hundred and seventy-three BETWEEN The City of Denton the Owner, and Bell Construction Company the Contractor. The Owner and the Contractor agree as set forth below. AIA EI000MENT A161.OWNER-CONTRACTOR AGREEMENT • SEPTEMBER 7%7 EDITION • AIA* 1 01%7 THE AMERICAN INSTITUTE Of ARCHITECTS, +73S N. Y. AVE., N.W., WASH., D. C. 20006 ARTICLE T THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 8. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for Clectrictl Sub-Station Sxitchgear Building 41nu,1 abo a she cAwion *x,Wde or she Worh x uud on odnr Cow an Docvmemb.) ARTICLE 3 ARCHITECT The Architect for this Project is The Architectural Collective, Inc. ARTICLE 4 TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced January 2, 1974 Yorki ng andcompleted in 60 days from afore mentioned date. (Here invert aM VftQ1 PM%*aoro tot fiquidatcd dams jet Matins to Wure to conWtw on time.) AIA DOCUMENT AMT • OWNIR-CONTRACTOR AGREEMENT • SEPTEMBER t967 EDITION • AIAO 2 07967 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASH., D. C. 2(Illtl6 ARTICLE S CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, sebject to additions and deductions by Change Order as provided in the Conditions of the Contract, in current funds, the Contract Sum of I $33,570.00 :Aare here the romp sum anxk st anti prices, or bo(h. as *td) ARTICLE 6 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progrt ;s payments on account of the Contract Sum to the Contractor as pro- vided in the Conditions of the Contract as follows: On or abov, the 10th day of each month 90'b per cent of the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and 901 per cent of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing by the parties, up to the 25th day of that month, less the aggregate of previous payments in each case; and upon Substantial Completion of the entire Work, a sum sufficient to increase the uxal payments to 903 per cent of the Contract Sum, less such retainages as the Architect sf.all determine for all incomplete Work and unsettled claims. (Nero insert anq provisions mule for Iimisin/ a neducina c f* amowe retained alley d+e Konk reachn a ce••aim sure or CoWeionJ AAA OOCVMENT AS" • OWNER.CONTRACIOR ACAIEWN • SEPTEMBER 1%7 EDITION • AIAO 3 01967 THE AMERICAN INSAEUTE Of ARCHITECTS, 1735 N. Y. AVE. NW, WASH., D. C. 20006 ARTICLE 7 FINAL PAYMENT Final payment. co Aituting the entire unpaid balance of :he Contract Sum, shall be paid by the Owner to the Contractor 30 days after Substantial Completion of the %Vork unless otherwise stipulated in the Certificate of Substantial Completion, prodded the Work has then been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 8.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contra-tor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (tim below Ar Areemear, CondiGoin or " contract (Ce wd. A*plrmew4% and 90w earddfonrl. aa.i w, *wAcarioru. Addenda and xre"ed Ape+nates, :`0" AW oe AN& a abM in Mr ems aid darer .aye.- AW CaW ) Contract Addenda #1 and .42 Architectural Plans Sheets 1-7 includina StmcturAl, flechanical, and Electrical Plans Specifications naa_; 1-109 General Conditions and Suople-tentary General Conditions ipacifications pages 9-14 AIS DOCUMENT A"E a OWNER-CONTRACTOR AGRE(W.NT a SEPTEMUR 1967 COITION - AIAO 4 01%7 THE AMERICAN INSTITUTE Of ARCHITECTS, 1.35 N. Y. AVE-, X.-W., WASH., O. C. 20006 i i i This Agreement executed the day and year first written above. OWAIER CONTRACTOR The City of Denton Reil Construction COMPAny AIA DOMA ENT A181 • OWNER-CONTRACTOR AGREEMENT • SEPTEMBER 1961 EDITION • ArAe S 01961 THE AMERICAN INSTITUTE Of ARCHITECTS, 173S N. Y. AVE.. N.W., WASH., O. C. nM r ~ r~ ~ lb O P n - ~ ~.b ! ~ HIF: a ~I 12/7/73 - - ! (3) - 1 THE S T yi= U T'T AS ) KNOW ALL MEN BY THESC PRESENTS: I COUATY OF DENTON ) (Grantors) THAT David W. GE.EESON and John HE Avinger/of the City of 101 0;1 , State of Texas, in consideration of the sum of TEEN AND 00/100 DOLLARS ($10.00) and other good and valuable consideration in land paid by the City of Denton, State of Texas, receipt of which is hereby acknowledged do by these presents grant, barsain, sel; and convey unto the City of Denton an easement, the same being the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property owned by David W. GLEESONN,Land John m.,Avinger situated in Denton County, Texas in the C. Poul lal ier Survey, Abstract No. 1006 and being the property conveyed to the said Grantors herein by ~(`l 4 L l1'~~^ 1 0 1 QRt~So~~ by Deed dated lo(~ec 1 13 and filed for record and recorded in Volume I,A Page 1(1-- of the Deed Records of Denton County, Texas to which Deed and the record thereof reference is here made for a more complete description of said property, and the said easement be further described as folelows: BEING a 16 ft, utility easement along the West boundary line of the property owned by the said Grantors herein commencino at a point in the Southeast corner of Loc 1, Block A, Montecito Del Sur Estates Addition according to the plat thereof filed for record and recorded on October 160 1967 in Vol. 4, Pg.-67 in the Deed Records of Denton County, Texas. ~l Said easement extending S OOo 42' 3L" East,`a distance of 758.19 ft, to a point in the SW corner of the property owned by said Grantors as aforesaid. And it is further agreed that the said City a' Denton in . con>ideration of the benefits above set out will remove from t:se utility easement above eescr€bed such fences, improvements and other obstructions as may now be found upon said easement, in order that the said City'of Centon may install on said ease- EEOEiW1. DAY t M ,:1M MAN" 0" ment public utilities, :n, along, upon and across said premises, rnr.+w ~.►+w , i EASEMENT - Page 1. I+ • i1 with the rigit ar=d privilege at all times of the Grantee herein, its ag.snEs, e-ployees, workmen and representatives, having I1 ingress, egress and regress in, along, upon and across said i premises for the purpose of making additions to, improvements on f and repairs to said utilities in said easement or any part there- of. TO HAVE AND TO HOLD unto the said City of Denton as afore- said, for the purposes aforesaid, the premises above described. Witness our hands this 7th day of December, A.D., 1973. DAVID W. GLEESON l i:v M. A li ER GRANTORS THE STATE OF TEXAS ) COUNTY OF BEFORE ME, the undersigned authority, in and for said County and State, on this day personally appeared DAVID W. GLEESO\' ;and JOHN x. AV I NGER, known t, me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein express. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I 3.day of A.D., 197 , po_zAi S.. U ce ti, c cf Notary Public in an or County, State of Texas. Mr- Commission Expires: June 1, 1915 tewrw+. nxr s m lag M xxtmvs W" &AUAS. WAS "M mum" i &1111 EASEMENT - Page 2. `v m ; oT J w 4 n Cki a,MFICATE OF RECORD THE STATE OF T&XAS 1 1, %(AftY JO IIILL, Clerk Of the County Court in and for saA COUNTY OF DENTON J county, do hereby certify that the foregoing instrument of writing. with its certificate of aothegt'ca' duly recotded~ lion was filed for record on the date and at the tin* stamped hereon: and f 4 at 3=as ectoek 51., in Volume Page day o519''t._. A.D Records of Denson County. Texas. of the Witness my hand and seal of office at Denton, Texas, the day and year last above written. MARY JO HILL . Depyty Clerk of the County Court, Denton Co., Texas Hr_. WWW _-Y.emrsamaerSt&baAq THE STATE OF TEXAS io.85 KNOW ALL MEN BY THESE PRESENTS: ' COUNTY OF DEIMN 1 E i THAT P. C. BANDA 'f Of Denton County, Texas . in consideration of the sum of r --------One Dollar ud ether good and valuable consideration i in hand paid :)y the City of Denton, Texas receipt of which is hereby acknowledged, do by I these presents grant, bargain, sell and convey unto to the City of Denton, Texas. the free I I and uninterrupted use, Eberly and privilege of the passage in, along, upon and across the following described property, owned by him , Situated in Denton County, Texas. in the . Survey, Abstract No. All that certain lot, tract or parcel of land lying and being situated in the City/County of Denton, State of Texas, and being part of the A.N.B1l • Tompkins Survey, Abstract No. 1246 and being, part of a tract of land as conveyed from W. 0. Rosson to P_ C. Banda by deed dated 10-10-69 and re- corded in Volume 592, Page 535 of the Deed Records of Denton County, Texa and more particularly described as follows: BEGINNING at the northeast corner of said P. C. Banda Tract, said point of beginning lying in the west right of way line of Bernard Street, and also being the southeast corner of a tract conveyed from Earl Porter to City of Denton by deed dated 10/11/68 and recorded in Vol. 573, Pg. 514 of the Deed Records of Denton Co., Texas- I THENCE south along the east boundary line of said Banda Tract. same being the west right of way line of Bernard Street a distance of 60 feet to a point for a corner, same being the southeast corner of said ;ianda Tract; THENCE west along the south boundary line of said Banda Tract. a distance of 10 feet to a point for a corner; THENCE north 10 Feet west of and parallel with the west right of way line of Bernard Street a distance of 60 feet to a point for a corner in the north boundary line of said Banda Tract; j 311NCL east along the north boundary Ii.ae .if said Banda Tract a distance of 10 feet to the place of beginning and containing 600 souare feet of land, more or less. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set oak 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 acmes said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for tho purpose of making additions to, improvements on and repairs to the said public utilities, or =W part thereof. TO HAVE AND TO HOLD unto the eakl City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness his hand , this the day of December A. D. 1973 . _ .~_XzC12~- BANDA SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ATE, the undersigned authority, COU': i Y OF.DENTW. _ . in and for said County. Texas, on this day personally appeared . P C Baa.._.._...__ known to me to he the person chose name.. 1S_ subscril:rd to the foregoing instrument, and ackrrou!edg~J to mo that.. he executed the same for the purposes and consideration therein e*11 xprtssed. ' r r - GIVEN L`NDER MY NAND AND SEAL OF OFFICE, This day of Dt:cenber t IIr.D. 9 73 t Notary Fublic, `Denton .Coun(p, Texas My Commission Expires June 1, 19. 5.' . THE STATE OF TEXAS, JOINT ACK\0TIEAG3L\T . co BEFORE ME, the urdersipi authority, COUNTY OF ..__.1 in and for said County. Texas, on this day personally appeared . _ and t__xflfc, both known to me to be the persons whose rames are subscribcJ to the foregoing instrument, and acknowledged to me that tsy- each executed O..e same for the purposes and (o sid.aaO.n therein cxpreascd, and the said . wife of the ssi.) having been examined by me privily and apart from her husband, and having the same fcCy cxpl:iircd to hcr, she, the said . cknewf.J,rcd sack aietrmllerit to t-e her act and deed and she declared that she had willingly signed the saute for the purp( Kts :.ml caw=i 1-r:ai•» therein expressed, and that she did not w0i to ratroct it. GIVEN UNDER'tIY NAND AND SEAL OF OFFICE, This day of.. _ A.D. 19 (LS.) Notary Public. County, Texas My Commission Fxpires June 1, 19 WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 fiEFORE WIE, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared _ , wife of........... _ know'n' to me to be the per: on whose name is sub.;cribed to the foregoing instrument, and ha%inr been % Y:iweined by me privily and apart from her hu=bared, and having the same fully explained to her, she, the said . . acknowledged such instrument to be her act and deed, :end she declareql that she had willingly rigned 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,71is_____........ day of............................. _ , A.D. 19 (L.S.) Notary Public, _County, Texas _ My Commission Expires June 1, 19_....... CLERWS CERTIFICATE • THE STATE OF TEXAS, County COUNTY OF._ Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day of...................... A. D. 19 , with its Certificate of Authentication, was filed for Mora in my office on the .....day of_ _ A. D. 19 . , at o'clock M., and duly • recorded .......day of- . A. D. 19_ , at . o'clock M., in the Records of said County, in Volume . , on pages f _ WITNESS NY HAND AND SEAL OP THE COUNTY COURT of said County, at eMee in the day and year last above written. f County Clerk__ .................._......_.................._County. Texas. (L. By..._........ , Deputy. I i r :A 7 " ' €'v 0 4 I ENO Z O w \ b 3 C@ a S3 : O v 9 ~i : O r- i o$ V 00 1r `Is w I r. I o y, A3 O C/~ o F.rID i 1 i o 94 A W at i ~ o fay j y tit ; r_I. rl 1~.. V! c J 1 t CERTIFICATE OF RECORD THE STATE OF TERNS COUNTY OF DENTON 1, DIARY JO HILL, Clerk of the County Court in and for said county, do hereby certify that the foregoing instrument of writing, with its certificate of authentica- tion was filed, for record on the date and at the time stamped bereon, and duly recorded A3^& day I• 1- AD.. 1,9,7 at%3*2gJ o'clock 0_ _ hf., in Volume Page of the .D /t7~![fJ~./ _ Records of Denton County, Texas. Witness my hand and seal of office at Denton. Texas, the day and year fast above "Item. NARY JO HILL By , Deputy Clerk of the County Court, Denton Co., Texas I JL/ r- -70 - THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT RUBY KAYE MEADERS of Denton County, Texas , in consideration of the sum of -----------One Dollar . and other goad and valuable consideration in hand paid by the City of Denton, Texas ,leapt of which is hereby acknowledged, do by tbese presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, Eberly and privilege of the passage in, along, upon and across the following described property, owned by me . Situated in Denton County, Tex&% in the A.N.B. Tompkins Survey, Abstract No. 1246 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 A. N. B. Tompkins Survey, Abstract No. 1246, and being part of a tract of land as conveyed from K. D. West to Ruby Kaye 14eaders by deed dated September 17, 1970 and recorded in Volume 608, Pape 47 of the Deed Re- cords of Denton County, Texas, and more particularly described as follows: BEGINNING at the northeast corner of said Meaders Tract, said point of beginning lying in the west right of way line of Bernard Street and also being 78.5 feet south of the southeast corner of a tract conveyed from W. 0. Rosson to P. C. Banda by deed dated October 10, 1969 and recorded in Volume 592, Page 535 of the Deed Records of Denton County, Texas; THENCE south along the east boundary line of said Meaders Tract same be- ing the west right of way line of Bernard Street a distance of 60 feet to a point for a corner same being the southeast corner of said Meaders Tract; THENCE west along the south boundary line of said Meaders Tract a distance of 10 feet to a point for a corner; THENCE north 10 feet west of and parallel with the west right of way line of Bernard Street a dis- tance of 60 feet to a point for a corner in the north boundary line of said Meaders Tract; THENCE east along the north boundary line of said Meaders Tract a distance of 10 feet to the place of beginning and con- taining 600 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas , in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing. installing, repairing and perpetually maintaining pubic utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and reprerentatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities. or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid Me premises above descnInt E Witness my hand . this the ;5141 day December . A. D. 1973 It RUBY I E ME RS SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the under~igncd authority, ~ COUNTY OF 1?ENT01._ in and for said County, Texas. on this day pe-sonally appeared RCBYY_ ZA,R__._ known to me to be the person whosr name . is... subscribed to the foregoing instrument, and aci w-Aedged to rte that she executed the same for tie p.)rpcses and consideration therein expressed. ' GIVER t'XDEIt X11' )[AND AND SEAL OF OFFICE, This -1 day of -Decemb'i k- 1973_ Notary Public, Denton.. Cotir}tJ, Texas Vy Commission Expires June 1, 1975. JOINT ACKNOWLED.NWNT THE STATE. OF TEXAS, BEFORE SIE, the undersigned authority, COUNTY OF _J in and for said County, Texas, on this day personally appeared _ . and-- his wife, bath known to one to be the persons whose names are subs^ribcd to the f mcrcin.- instrument, and acknowledged to rw that tlvy- each executed the same for the purposes and considerati,.a thc•scin exnras=ed, rnd tt.e said . wife of &.e sail having been examined by rte privily and apart ire-in her husband, and having the sans: fully cxnlain^J to her, ste, the said ,-ich iralnnn•~rt to Ic her act and decd and she declared that she had willingly signed the same for ae purpc•us :.,.d ceoc;drrat'.:n th:r. in expressed, and that she did not wish to retract it. GIVEN UNDEII 3IY IIAND AND SEAL OF OFFICE, This flay of. A.D. 19 (L.S.) Notary Public, County, Texas %Iy Comm6lion Expires June 1, la _ WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME. the fndersigned autSnxity, COUNTY OF J in and for said Gr_nty, Texas, on (his day personally appeared wife of known to me to be the person whose name is subscribed to the foregoing instrument, and having been examined by me privily and apart lion, her husband, and having, the some fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish 1st rotmet it. GIVEN UNDi:R MY HAND AND SEAL OF OFFICE,This _ day of , A.D. 19 (LS.) _ Notary Public County, Texas My Commission Expires June 1, 19_.......... CLERK'S CERTIFICATE THE STATE OF TEXAS, f, , County COUNTY OF.. . Clark of the County Court of said County, do hereby certify that the foregoing instrument of writing dated A the • day of_ , A. D. 19._..... , with its Certificate of Authentication, was filed for record in my office on the _.day of , A. D. 19..._. , at oclock H, and duly ' recorded this..... day of _ _ A. D. 19 at... _ o'clock _ M« in the f Records of said County, in Volume , on pages WITNESS MY HAND AND SEAL OP THE COUNTY COURT of said County. at office In _ _ ' _ _....r the day and year last above wriltem County Cleric_ County, Texas. (L 8) By _ _ , Deputy. A a. i v q r4 W I ! • 1 Q Z r ,rY.Ylr C ~ ~I E E Z. E .f ;f ! ' 3i EU rj THE SPATE OF TEXAS CERTIFICATE OF RECORD COUNTY OF DENTON I, MARY JO HILL Clerk of cO"aty, do her-6 the C°++nLy Court is and for said 3 certify that toa foregoing lastrrmeat of writing, e-ith fies lion was filed for record an the ~te and at the time stem '(s certi to of authentiea- ~y of A D., 197 3`~Q ~rcon: and dull recorded A3AA V Of A- J at o'clock to a h H-. in Volume ffQQ p7s _ Records of Page Denton County. Teas. Witness nl ba. and seal of office at Dealon. Ted the day and BY Year last above. xWUea . (~J Deputy NARY JO HILL Clerk of the County Court„ Denton Cam., Twee THE STATE OF TEXAS, &NOW ALL MEN BY THESE RESENTS: COUNTY OF DENTON THAT J. W. WEST of Denton County, Texas , in consideration of the sum of -------One Dollar----------------- and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which Is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas . the free and uninterrupted use. Liberty and privilege of the passage in, along, upon and across the follosing described property, owned by him . Situated in Denton County, Texas, in !I-e Survey, Abstract No. All that certain lot, tract or parcel of land lying and being situated in the City/County of Denton, State of Texas, and being part of the A.N.B' Tompkins Survey, Abstract No. 1246 and being part of a tract of l.-Id as conveyed from M. L. Smith to J. W. West by deed dated March 20, 1945 and recorded in Volume 314, Page 152 of the Deed Records of Denton County, Texas and more particularly described as follows: BEGINNING at the most easterly northeast corner of said West Tract said 1 point of beginning lying in the west boundary line of Bernard Street and also being the southeast corner of a tract of land conveyed from W. 0. Rosson to P. C. Banda by deed dated 10/10/69 and recorded in Volume 592, Page 535 of the Deed Records of Denton County, Texas; THENCE south along the east boundary line of said West Tract, same being ' the West right of way line of Bernard Street, a distance of 78.5 feet to a point for a corner, same being the most easterly southeast corner of said West Tract; THENCE west along, south boundary line of said West tract a distance of 10 feet to a point for a corner; THENCE north 10 feet west of and parallel with the west right of way line! of Bernard Street a distance of 78.5 feet to a point for a corner in the i north boundary line of said West Tract; I' THENCE east along the north boundary line of said West Tract a distance of 10 feet, to the place of beginning and containing 785 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out. will remove from the property above described, such fences, i buildings and other obstructions as may now be found upon sa'.d property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein. his or its agents, employees, workmen and representatives having ingress, egress, and regress in, akng upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above deacn'bed. Witness his hand , this the ~1,3 tday of December . A. D. 19 73. J. W. WEST JL SINGLE ACKNOWLEDGMENT THE STATE OF 1EXAS, I BEFORE ME, the undersigned authority, COUNTY OF DENTON - - f in and for said County. Texas. on this day personally appeared .J_ _ V, .WEST _ known to ric to he the pers .n whc_se name f S sctscribcd to the fcre>;eing instrument, am ~ewMacllrige.~to ~t e that he executed etc sarnz, for 1'ie pure, ses and consideration therein expressed. . 1. } GlVrN CNDER MY HAND AND SEAL OF OFFICE. This "t d.%% of DeCefib@Y p4.P`f9 73 (I.-S-) Notary Put•lic. J ti DentOR ;•.Coc• ty, 3eias My Commission Expires June 1, 19 75 JOINT ACKNOWLEDGMENT 4 THE STATE OF TEXAS, BEFORE SIC. the undersigned authority. COUNTY OF. _ _ I in and for said County. Texas, on this day personally appeared_.__.. . and..... his wife, Loth known to me to be the persons whose names are subscribed to the foregoing inst-ument. and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said . , wife of the said . having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said . _ _ acknowledged such instrument to be her act and deed and sSe declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. GIVEN UNDER StY HAND AND SEAL OF OFFICE, This _ day A.D. 19.__ Notary Public. -___._-----.County, Texas My Commission Expires June 1. 19_..... WIFE'S SEPARATE ACKNOWLEDGMENT THE STATE OF TEXAS, i BEFORE ME. the undersigned authority, COUNTY OF J in and for said County. Texas. on this day personally appeared......... _ _ _ wife of known tome to be the per.-on whose name is subscrl" to the foregoing instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said acknowledged such instrument to be her act and deed, and she declared that she had willingly si;ned 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.Thts._............ day of , A.D. 19 (LS.) • Notary Publk, County, Texas My Commission Expires June 1, 19._.-_..-.. CLERKS CERTIFICATE THE STATE OF TEXAS County COUNTY OF..... . _ Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day ot_ _ , A. D. 19... , with its Certificate of Authentication, was filed for record in my office on the.... day of _ , A. D. 19 , at. o'clock M., and duly recorded this... . ..day of. A. D. 19 at . o'clock M., in the Records of said County, in Volume '011 pages . WiTNESB MY HAND AND SEAL OP THE COUNTY COURT of said County, at office in tha dal, and year last above written. County Clerk County. Tens. (L 8.) gy.....----___ Deputy. a x f c ~ to ~ a° e O F a A F' >f ~ Z ~ 5' QW Q c « Filli ~ O O ti x OG a w po ~ t~ u 116 ro 1110 to s' I•~ `Q tai ° C.-4 z w o ~E° 7 A' z ° i ' rill U ' I S a; e ^ c3 10i !Lr C{l G i %S X-19 CITY OF DENI"N 1~Rlj ! STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) THAT HENRY S. MILLER COMPANY, TRUSTEE Hereafter termed Grantor, whether one ar several, for and in consideration of and other good and valuable consideratioi, to Grantor n hand paid by the City of Denton, she receipt and sufficiency of whictis hereby acknowledged, do by these presents grant, sell and convey unto the City of Denton, its successors and assigns, hereafter termed Grantee, an easement and right-of-way in, under, over and across the following described property; Being the center line description of a 16.0 ft. width sanitary sewer easement located in the Gideon Walker Survey, Abstract 1330 and the Moreau Forrest Survey, Abstract 4170 Denton County, Texas, and being a part of a 590.581 acre tract of land located on the south side of FM 426, said center line being more particularly described as follows: The Reference Point of this description is the intersection of the East line of said 590.581 acre tract with the Southwest line of FM 426; Depart said reference point with a circular curve to the right having a central angle of 180 30' and a radius of 1086.98 ft. a distance of 350.97 ft. to a angle point; Thence North 400 35' West a distance of 1355.1 ft. to an angle point: Thence North 41° 12' West a distance of 617.0 ft. to an angle point; Thence North 470 43' West a distance of 92.4 ft. to an angle I.o;nt; Thence North 520 12' West a distance of 87.4 ft. to an angle point; Thence North 540 58' West a distance of 304.0 ft. to a point in the Southwest line of FM 426 and the Point of Beginning of this description; THENCE South 350 02' West a distance of 764.82 ft. to a point of curvature; THENCE with a circular curve to the right having a central angle of 320 0' and a radius of 550.0 ft. a distance of 307.18 ft. to a point of tangency; -THENCE South 220 58' East a distance of 61.96 ft. to a point of curvature; THENCE with a circular curve to the right having a central angle of 270 0' and a radius of 450.0 ft., a distance of 212.06 ft. to a point of tangency; THENCE South 4 02' West a distance of 616.37 ft. to d point of curvature; .THENCE with a circular curve to the left having a central angle of 330 38' and a radius of 400.0 ft., a distance of 234.80 ft. to a point of tangency; -THENCE South 54° 02' West a distance of 615.0 ft. to a point for a corner; THENCE North 690 11' West a distance of 1276.80 ft. to an angle point; THENCE South 870 10' West a distance of 103 ft. more or less tp a point in the City of Denton East property line for the end of te.is easement. This easement and right of way, together with all rights and privileges hereby granted may be used by Grantee for the purpose of constructing and maintaining a sanitary sewer line and related appurtenances. Grantor hereby retains the right to access and use of the sanitary sewer line(s) constructed hereunder without charge for sewer tap privileges in accordance with the City of Denton subdivision regulations. ~ao~~ Page Two TG HAVE AND TO HOLD the above described easement and rights unto City of Denton, its successors and assigns, forever. AND GRANTOR hereby kinds himself his heirs, executors, agents and assigns, against every person whosoever lawfully claiming or to claim the same or any part thereof.] Witne s nd, this the f f day of , A.D. 19?3 Phil M. Orr, Jr. Henry S. Killer Company 2001 Bryan Tower, 30th Floor Dallas, Texas 75201 STATE OF TEXAS ) COUNTY OF DALLAS ) BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDE MY HAND AND SEAL OF OFFICE this the 14Vday of ~e?cbc.r.`aer A.D. , 19eA96 Notary P c n an for Da ty, State of Texas r. .r ; ; CERTIFICATE OF RECORD THE STATE OF TEXAS I. MARY !O HILL, Clerk of the County Court In &A fotaafd MUM OF Omoti county. do hereby testify that the feregaia3 icstrurnmA of writing, with its eertllicata of atRAenticotlon was fk f record on 15? d t,e'and at the time mped hereon and daft f + day o A.O., 197, tA~clyhM., In Vofume~i4a of UK YYRYctords of Daolaa County, Texas. Ydvwu Ilpr handaw Seat of office at Demon, Tex". lhe day wW year last above wdltil MARY !O MILL Clerk of Um County Court Denton Co, Tax" i k *144 a - - ; •e o to C t c~ O • / i'