HomeMy WebLinkAbout01-1976
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NOTICE OF CANCELLATION OF BOND BY SURETY
•
City Secretary
Denton, Texas
Bond No: 90 34 75
Principal: Virgil C. Adams-Adams Exterminator Company
Obligee: City of Denton
Type: Pest Control Operatos Bond
Amount: $1,000.00
The undersigned company, as Surety, hereby notifies you that Its above described bond Is
hereby cancelled effective February 7. 1976
and that as said Surety It shall not be responsible for any acts or defeuits comrnltted or loss
occurring after said date. 4
Dated this 7th day of January ig 76_.
.Gulf Insurance Carnoany
B c ~ 0~
Linda Crawford .7,Mtorney-in-faci
CC: Ramey, King a Minnis Insurance
Denton, Texas
10S914 (10-74)
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Denton Texas 76201
817 387 6148
U-11FE TITLE Companyof Denton
January 30, 1976
Nr. Paul Isham, City Attorney
14kmicipal Building
Der,ion, Texas 76201
lies Pearl Street Church of Christ - Sale
City of Denton, Texas
Dear Sirt
Please find enclo8ad Owner's Title Polio y No. 1 060611 which
covers the above oaptim ed property purchase.
If we can be of further service to you in the future, please
call us.
Very truly yours, •
USLIFE TITLE CO, OF DENTON
By l az? ~ll.L
Ottis Akers
OA/bp
enols
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• UAIFE TITLE INSURANCE COMPANY& Dallas
Owner Policy
of Title
Insurance
USLIFE TITLE INSURANCE COMPANY of Oallas, DALLAS, TEXAS, a Ttxrs Corporation,
HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein
named Insured, the heirs, devisees, executors and adminslrators of the Insured, or if a cor-
poration, its successors by dissolution, merger or consolidation, that as cl It a date hereof,
the Insured has good and indefeasible title to the estate or i ierest in the land described or
re`erred to in this policy.
The Company shall not be liable in a greater amount than the actual munetary loss of the
Insured, and in no event shall the Company be liable for more than the amount shown in
Schedule A h areof, and shall, except as hereinafter stated, at its own cost defend the insured
in every action or proceeding on any claim against, or right to the estate nr interest in the land,
or any part thereof, adverse to the title to the estate or interest in the land as hereby
guaranteed, but the Company shall not be required to defend against any claims based upon
matters in any mrnner excepted under this policy by the exceptions in Schedule B hereof or
excluded by Paragraph 2, °ExcluF Ons from Coverage of this Po'iry," of the Conditions and
SJDu,ations hereof, Thu party or rarties entitled to such defense shall Aithin a reasonable
time after the commencement of such action or proceeding, and in ample time for defense
therein, give the Company written rotice of the pendency of the action or proceeding, and
authority to defend. Tha Company ;hall not be liable until such adverse interest, claim, or
right shall have been he'd valid by a curt of last resort to which either litigant may apply, and
if such adverse interest, claim, or right so establis} ed shall be for less than the whole of the
estate or interest In the land, then the liability of the Company shall be only such part of the
whole liability limited above as shall bear the same ra io to the whole liability that the adverse
interest, claim, or right establisher' may bear to the whol9 estate or interest in the land, such
ratio to be based on respective valr,es determinable as of the date of tJs policy. In tile absence
of notice as aforesaid, the Company is relieved from all liability with respect to any such inter.
est, claim or right; provided, however, that failure to notify shall not prejudice the rights of
the Insured if such Insured shall not be a party to such action or proceeding, nor be served
with process therein, nor have any knowledge thereof, nor in any case, unless the Company
shall be actually prejudiced by such failure.
Upon sale of the estate or interest in the land, this policy automatically thereupon shall become
a warrantor's policy and the Insured the heirs, devisees, executors and administrators of the
Insured, or if a corporation-its successors by dissolution, merger or consolidation, shall for a
^eriod of twenty-five years from date hereof remain fully protected according to the terms
hereof, by reason of the payment of any loss he, thoy or it may sustain on account of any
JRxNCE ep warranty of title contained in the transfer or conveyarue executed by the Insured conveying
,a5; 'rte the estate or interest in the land The Company she! be liable under said warranty only by
reason of defects, liens or encumbrances existing prior to or at the date hereof and not
s excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability
not to exceed the amount of this policy.
IN WITNESS HEREOF, the USLIFE TITLE INSURANCE COMPANY of Dallas has caused this
policy to be executed by its President under the seal of the Company, but this policy is to be
validonly when it bears an authorized countersignature, as of the date set forth In Schedule A.
Pas+denl /4 t ~ - f//J
AlreJF. n r NCePreJ+den65ernrirr In rrNf!rer
ds}onsh,rd
i- FORM M F 50M 113H
Formerly DALLAS TITLE AND GUARANTY COMPANY
bCHEDULE A
GF No, or File No.: 15490 by Owner Policy No.: 0 1 060611
Amount: $64,860.00 Date of Policy: October 159 1975
Name of Insured:
CITY OF DENTON, TEXAS, A Municipal Corporation
1. The estate or interest in the land insured by this policy is: Fee Simplo
(fee simple, leasehold, easement, etc.-identify or describe)
2. The land referred to in this policy is described as follosssy
FIRST TRACTS All that certain lot, tract or parcel of land situated
in the City and County of Denton, State of Texas, being a part of the
Be Be Be & C. R. R Company Survey, Abstract No. 185, and more
particularly described as follows:
BEGINNING on the East line of Bolivar Street 100 feet North from its
intersection with the North line of McKinney Street;
THENCE North continuing with the East line of Bolivar Street, 80 feet
for corner;
THENCE East, 198 feet, 9.5 inohea;
THMICE South 60 feet;
THENCE West, 67 feet, 2.5 inohea;
THENCE South 20 feet;
THENCE West, 130 feet, 7 inches to the place of beginning, being all
of the property owned by said Church on the East side of Bolivar
Street in said City at said location.
SECOND TRACT: All of the South 9%.h (8) feet of the following tract
o an :
All that certain lot, tract or parcel of land situated in the City and
County of Denton, State of Texas, being a part of the WA, Neill Survey,
Abstract Noe 971, part of the Stanfield Addition to the City of Denton,
Texas, being more particularly described as follows:
BEGINNINQ at a point In the North line of Pearl Street, at the corner
of lot conveyed by Garrett and wife to Erwin by deed recorded in
Volume 181, Page 254, of the Deed Records of Denton County, Texas;
THENCE East with the North line of Pearl Street 97-1/2 feet for corner;
THENCE North parallel with the East line of said Erwin lot, 175 feet
for corner;
THENCE West 87-1/2 feet to the Northeast corner of Erwin lot;
THENCE South 175 feet to the place of beginning.
Denton USLIFE TITLE INSURANCE Company of Dallas
1301 Maln Street
Dallas, Texas 75202
rots l seed A sell 11138
SCHEDULE B
owner Policy No.: 1 060611
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in-
sured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this
policy:
1. Rc,trictive covenants affecting the land described or referred to above. None 01, record.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im-
provements.
3. Taxes for the year 19.76- and subsequent years 1 not yet dup and payable.
4. The following lien(s) and all terms, provisions and conditions of the instrument(s) ueating or evidencing said lien(s):
None.
5. Any portion of the captioned property falling within the boundaries
of any road, street or highway.
6. Visible and apparent easements on or across the property.
/of 3 21i..A a 11M 11311
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Conditions and Stipulations
1. Definitions
The following term^ when used in this policy mean:
(a) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law
constitute real prcr, Ay,
(b) "public records": Those records which impart constructive notice of matters relating to the land.
(c) " Incwledge": Act,.;,,, knowedge, not constructive knowledge, or notice which may be imputed to the Insured by reason of
any pub ie records.
(d) "date": T!re effective date, including hour if specified,
2 Exrlusions from the Coverage of this Policy
This policy does not insure against toss or damage by reason of the following:
(a) The re!usal of any person to pirchase, lease or lend money on the land,
(b) Govei nmenlal rights of police power or eminent domain unless notice of the exercise of such rights appears in the publi: rec-
ords at the cote hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to,
building and coning ordinances.
(c) Any title; or rights asserted by anyone including, but not Cmited to, persons, corporations, governments or other entities
to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans,
or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or
bulkhead lints as established or changed by any government, or to filled-in lands, or artificial islands, or to riparian rights, or the
rights or interests of the State of Texas or tie public generally in the area extending from the line of mean low tide to the line of
vegetation, or their right of access thereto, or right of easement along and across the some.
(d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or
agreed to by the Insured at the date of this policy, or (2) known to the Insured at the date of this policy unless disclosure thereof
In writing by the Insured shall have been made to the Company prior to the date of this policy; or loss or damage v,hich would
not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead o community property
or kurvivorship rights, if any, of any spouse of any Insured.
3. Defense of Actions
(a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company
the right to so provide defense in such action or proceeding. and all appeals therein, and permit it to use, at its option, the name
of the Insured for such purpose. Wherever requested by the Company, the Insured shalt give the Company all reasonable aid In
any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or
proceeding.
(b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or pro-
ceeding, and such counsel sha!I have full control of said defense.
(c) Any action taken by the Company for the defense of the Insured or to establish the title as insured, or both, shall not be con-
strued as an admission r lability, and the Company shall not thereby be held to concede liability or waive any provision of this
policy,
4. Payment of loss
{a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Injured in settling any claim
or suit without written consent of the Company.
(b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the
insurance pro tanto; and the amount of this policy shall be reduced by any amount the Company may pay under any policy
insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a
charge or lien on the land, and the amount so paid shall be deemed a payment to the Insured under this policy.
(c) The Company shall have the option to pay or settle or compromise for or in the narne of the Insured any claim insured against
by this pulicy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the Company
is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim, further, the payment or
tender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this policy,
(d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the
Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies of the
Insured against any person or property in respect to such claim. The Insured, if requested by the Compar.y, shall transfer to the
Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and
shall permN the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies.
6. Policy Entire Contract
Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of
the title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and
any statement in writing required to be furnished the Company, shall be addressed to it at Dallas, Dallas County, Texas.
8, This policy Is not transferable.
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C-110--STANDARD SALE CONTRACT Martin Stationery Co., Dallas, Texas
e THE STATE 01 TEXAS
BY THIS AGREEMENT AND CONTRACT,
COUNTY OF DENTON )
Parties E. C. Garrison Estate & Sallie M. Waide hereinafter called Seller,
l
acting through the undersigned and duly authorized Agent, hereby sells and agrees to convey unto
City of Denton, Texas hereinafter called Purchaser,
the following described property: Lying and situated Inthe City and County of Denton ,
State of Texas, and more particul:,,-1y described in Exhibit
attached hereto and made a part hei' of,
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Properties
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i Purebasa price to b - ;papayable as follows: Cash at Closing
the
M x x x x x x x x x x x xoWWCQ6aaf9taril~6 iFxaltdE7bxsXdElYalGret xxEC fQill x iiaibl4va "Ka x x
it a~~pao9txaplwQttxlaaduo~x~;dndxka~Dxltotann~ieltsc~kela44~xbgsask~t
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Terms
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~ xc6xira~blEikaaxacaGf4xxxxxib~lc7~~rxd»yxrx~c~R~Mxe~hlwtsatax~•umklfSChcO~~t>tetacarut
y6atsatbxu8.1AXW fatltKxiffotxoa>tgfhua WM4CX*dA Wk
Purchaser Title InF uvance Policy to said property,
~Ml~sxagrees a tarnish
j! which shall be conveyed free and clear of any and all encumbrances except those named herein.
7iJfp16fJdj$Ktlsre'dX>lfi al1d6X
If abstract h furnished, Purchaser agrees within ten days from the receipt of said abstract
tither to accept tho file as shown by said abstract or to return It to the undersigned Agent with the
Title Witten objections to the title. If the abstract Is not returned to the Agent with the written objections
I noted -!w ,n the time srecilled, it shall be construed as r.n acceptance or said title. If title policy to fur-
!I nlshed, Purchaser agrees to consummate the sale within ten days from date title company Approval title.
I If any title ob}ectlona are made then the Seller or his Agent eha!l have a reasonable time to cure
said objection a and show good and marketable title. In the event of failure to furnish good and marketable
title, the purchase money hereby recelpted for fit to be returned to Purchaser upon the cancellation and
return of this contract; or Mrchoser may enforce speelfic performance of same.
Sell- saTees w!:m the title objet 'ons have been cured, to dell',W? A
Wamnty Detd properly conveying said property to scald Purchaser, ii r
~
Mild" OWN 1*0 C!~tsing )MA~ut ftrxxat x~aZ~
» d x~ `~x
7m1id614pfo1 XWiYd6fs:lU%X7e,i'ctrcar~fet~txdtefaonxlfKOMIoftxxxxxxxxxXXXV(kalWAM
r~tflfiltK T axes Taxes for the euroent year, the cuiLwit rents, Insurance, and Interest, (if any), are to be prorated
to date of closing.
t aiADi!(i~91K001Qtd►.'ditLOielattlm9lQlL>LjKat~7tafd#Qltp2afJfCtr'falafD(.s>batJ01k;1<XX
xilf by
Ills:
This contract is subject to the approvat_ of the City Council of the City of
s pedal. Denton, Texas,
Conditions
Executed in triplicate this 22nd, day of January :9 76
This contrast subject to the acceptance of Seller
Aeeepteds %
o, CITY OOE r-
E C, GA ISO E Tf1 E Salter.
By , 01M. Agent for t T 14..
PURCHA R
SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF
In and for said County, Texas, on this day personally appeared
known to me to be the person arose name subscribed to the foregning Instrument, and acknowledged to me that
he- , executed the same for the purpose,- rind consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thls day of A.D. 19 _
(L.S.)
Notary Public, County, Texas
_ My Commission Expires June 1, 19..,.. _
SINGLE ACKNOWLEDGMENT
THE STATE OF TE .AS, BEFORE ME, the undersigned authority,
COUN'T'Y OF..
In and for said ',ounty, Texas, on tl.l.q day personally appeared
known to me to be the person whose name subscribed to the foregoing Instrument, and acknowledged to me that
he- executed the same for the purposes nad consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of _ A.P. 19.__
(L.S.)
Notary Public, County, Texas
My Conmmisslon Expires June 1, 19....
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EASEXENT
THE STATE OF TEXAS X DEED RECCRD9
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
290'7.
Thrt*_ the Evangelical Lutheran Good Samaritan Society of
Denton County, Texas, in consideration of the sum of One Dollar
($1.00) and other good and valuable consideration in hand paid
by the City of Denton, receipt of which is hereby acknowledged,
do by these presents grant, bargain, sell and convey unto the
City of Denton, Texas, the free and uninterrupted use, liberty
and privilege of the passage in, along, upon and across the
following described property owned by it and being situated in
the County of Denton, State of Texas and more particularly
described as follows:
All that certain lot, tract or parcel of land lying
and being situated in the City/County of Denton, State
of Texas, and being part of a 37.98 acre tract conveyed
by Trustee's Deed dated October 3, 1974, from e'rank N.
Hall, Trustee, to Evangelical Lutheran Good Samaritan
Society, as recorded in Volume 738, Page 641 of the
Deed Records of Denton County, Texas, and being out of
the Robert Beaumont Survey, Abstract No. 310 said 16.00
foot utility easement described as follows:
BEGINNING at the northeast corner of property!
THENCE south 000 17' 31" east along the east property
line a distance of 1330 feet to the southeast t-orner
of property]
THENCE north 890 51154" west along the south property
line a distance of 902.50 feet to the southwest cor-
ner of property)
THENCE north 000 15' 00" west along the west property
line a distance of 16.00 feet;
THENCE south $90 51154" east a distance of 872.47 feet;
THENCE north 440 55' 17" cast a distance of 19.72 feet)
.P
THENCE north 000 17' 31" west a distance of 679.75 feet)
THENCE north 454 23' 46" west a distence of 11.29 feet)
THENCE south 890 30' 00" west a distance of 311.48 feet;
THENCE north 600 32' 22" west a distance of 99.21 feet:
'THENCE south 646 01' 06" west a distance of 11.00 feet;
THENCE north 250 58' 54" west a distance of 8.50 feet;
THENCE no::th 64° 01' 06" east a-distance of 11.00 feet;
vc~ 774 PAc¢ 807
VOL 774 vacE 808
THENCE north 260 251 04" east a distance of 111,95 feet;
THENCE north 000 171 31" west a distance of 140.01 feet;
THENCE south 890 301 0011 west a distance of 526.73 feet
to a point on said west property line;
THENCE north 000 151 00" west along said west pr.perty
line= a distance of 16.00 feel
r
THENCE north 890 301 00" east a distance of 526.72 feet;
THENCE north 000 171 31" west a distance of 299.00 feet
to a point on the north property line;
THENCE north 890 301 00" east along sa0 north property
line 16.00 feet;
THENCE south 000 171 3111 east a distanco of 458.89 feet;
THENCE south 260 251 04" west a distance of 105.40 feet;
THENCE south 600 321 22" east a distance of 86.50 feet;
THENCE north 890 301 00/1 east a distance of 307.32 feet
THENCE north 44° 361 1451 east a distance of 11,33 feet;
THENCE north 000 171 31" west a distance of 588.07 feet
to a point on said north property line;
THENCE north 890 301 00" east along said north property
line a distance of 16.00 feet to this point of beginning.
4
And it is further agreed that the said City of Denton,
Texas in consideration of the benefits above set out, will re-
move from the property above described, such fences, buildings
and other obstructions as may now be found upon said property.
For the purposo of constructing, installing, repairing
and perpetually maintaining public utilities, in, along, upon
and across said premises, with the right and privilege at all
tim6s of the grantee herein, his or its agents, employees, work-
men and reprasentatives 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 sa.d public
utilities or any part thereof.
TO 4AVZ AND TO HOLD unto the said City of Dentol, is
aforesaid for the purposes aforesaid the premises above des-
cribod.
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WITNESS our hand this the 30 day of January, A. D.
19 76 .
EVANGELICAL LUTHERAN GOOD
SAMARITAN SOCIETY
BY: L// 1
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Execut f ect
. -.ATTEST' J
THE STATE of SOUTH DAKOTA
COUNTY OF MINNEHAHA
BEFORE ME, the undersigned authority in and for said County,
S. Dak•,on this day personally appeared A. 1. Hoeger
of the Evangelical Lutheran Good Samaritan Society, known to me to
be the person and officer whose ra,,e is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for
the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 30th day of
,,,:I:,l#4j74Mnary, A. D. 1976. Po"
Y ' NOTAR PUBLIC D
.
MINNEHAHA COUNTY, SOUTH D KOTA
s ~ s'4hUuL~G r f
snw;q ~h+.~,.• My Commission expires December 31, 1976
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OUT-OF-PERIOD ADJUMSENTS
JANUARY, 1976
ITEM I
I IN EXCESS OF $5,GG0
SUPPLIER TIME PERIOD MC1' AMOUNT
Texas Pacific Oil Co. 5/75-12/75 26,431 $ 28,381.97
Hodges 6 Rister 9/75-12/75 150786 20,083.45
Moon Drilling $ Se*. b 338.10
Corporation 1/75-12/75 17,130 23 489.76
Sesco Prod. Co. 10/75-12/75 48,937 5,168.17
Sesco Prod. Co. 10/75-12/75 100656 2891806.48
Sun Oil Company 8/7S-12/75 213,093 17,180.87
Ralston Oil 6 Gas 11/75-12/75 300553
Enserch Expl., Inc. 8/75-12/75 119129 14,639.07
Petro-Lewis Corp. 10/75-12/75 u:,021 26,)36.93
*454,736 $431,829.50
l
II LESS 'DM $5,000
8/73-12/75 *5012917 29,580.29
III TOTAL I_ AND I I *99566 653 $4~b1 410.09
IV CORRECTIONS RELATING TO PRIOR PERIODS 279 27 10,089.95
V TOTALS Is II AND IV 677 383 $4s l 5500.0.4
*Volumes do not affect current monti:'s volume.
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LONE STAR GAS COMPANY
STATEMENT OF GAS PURCHASED DURING THE MONTH OF DECEMBER, 1975
AND DETERMINATION OF THE AUTHORIZED CITY GATE RATE*
ADJUSTED FOR CHANGE IN COST OF CAS PURCHASED IN
ACCORDANCE VITH ORDER OF THE RAILROAD COMMISSION OF TEXAS
UNDER DOCKET NO. GUD-588
Line Average
No. MCF price Amount
1 Purchases From Non-Affiliated Suppliers 36 611 237 $ .9195 $ 33 663 124
2 purchases From All Sources 40 503 953 .8951 36 255 484
3 Leaser of Lines 1 and 2 $ .8951
4 Average Purchase Price GUD-508 ,7229
5 Difference Between Actual and Base Prices .1722
6 Gas Cost Adjustment (85% of Line 5) '.1464
7 Base City Gate Rate Authorized Under CUD-588 1.0399
8 City Gate Rate to Become Effective January 20, 1976 1.1863
*Intracompany charge for gas delivered to Distribution Division for sale to
residential and commercial customers and for distribution unaccounted-for gas.
i hereby certify that the above is true and correct to the best of my knowledge
and belief.
Fort Lone Star Gas Company '
.0 A-A4-
Byt /
Dater January 10, 1976 r, Titles Vice ,resident and Controller
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A 96-WARRANTY DEED-% it3 Gmad and Copowim Admo Agzmu MARTIN Sutioor, Ca, Dana
THE STATE OF TEXAS, Know All Men By These Presents:
County of..... DEN.TO Sftd RECORDS
Tjat HORACE H. FANNING AND WIFE, LEONA R. FANNING
263'7
of the County of Denton , State of Texas for and in oonsideration of
---------------Five Hundred Sixty & No/100 ($560.00) DOLLARS,
to them inhandpaidby the City of Denton, Texas, a Municipal
Corporation
i
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t
have Granted, Sold and Conveyed, and by ;hest presents do Grant, Sell and Convey unto the said
City of Denton, Texas, a Municipal Corporation
of the County of Denton , State of Texas all that certain
lot, tract or parcel of land lying and being situated in the City and
County of Denton, State of Texas, and being part of the A. Hill Survey,
Abstract No. 6230 ant being part of a tract of land as conveyed from
W. H, Madewell to Horace H. Fanning, at ux lA ona Fanning by deed dated
May 28, 1951, and recorded in Volume 370, Pace 404 of the Deed Records
of Denton County, Texas, and more particularly described as follows:
BEGINNING at a point in the east line of the Fanning tract 315.9 feet
north 0° 21' 06" east from the southeast corner of the Fanning tract
340.9 feet from the center of Collins Streetf
THENCE north 240 04' 54" west parallel to and 50 feet from centerline
49,12 feat to a point 50 feet radially from PC Station 73+08.741
THENCE along the arc of a curve to the right that has s radius of
1,482,39 feet, 32.51 feet to a poin% in the north line of the Fanning
tractf
THENCE north 890 46' 06" east along said line 33.51 feet to the north-
east corner of the Fanning tract;
THENCE south 00 21' 06" west along the east line of the Fanning tract
and the west line of the Daniel tract 74.89 feet to the place of be-
ginning and containing 1,269 square feet of land.
vot 774 wr% 353
[Yo{ 774 PAGE 354
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said City of Denton, Texas, a Municipal
Corporation, its successors
k*xand assigns forever; and we do hereby bind ourselves, our
belts, executors and administrators, to Warrant and forever Defend all and singular the said premises unto the
said City of Denton, Texas, a Municipal Corporation, its successors
WW ad assigns, against every person wbotnsoever lawfully claiming, or to daim the same, or : ny W
thereof.
wit"" our hand at Denton, Texas this day of
January , A.D. 1976
Witness At Request of Grantor;
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APNINO '>7 -~'a~Y)9
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ACKNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE ME, the undersigned authority,
COUN Y OF.... _.._DENTON
_
in and for acid County, Texas, on this day personally appsred _ Horace H. Fannin. and Leona,,,, R..
,filar-1.0
known to me to be the person-S --...whose namFii......... ate...-.. subs~_ribed to the foregoing instrument, and acknowledged to me that
_.._~.F_ Y_.elecuted the ume for the purposes sad consideration therein expressed.
GIVEN UNDEfWMY HAND AND SEAL OF OFFICE, Th:,;_Z ...day f ........._.Janua. A.D. 19._....
. • ' ` Notary Public Denton County, Taou
My Commission Expires June..»...... 19??...
ACKNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE NEE, the undersigned authority,
COUNTY OF.........
In and for said County, Texas, on this day personally appeared _
known to me to be the person ........whose name ..-.subscribed to the foregoing instrument, and acknowledged to me that
........be--.executed the same for the purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This -day of A.D.
.
Notary Texas
My Commission Expires June__._...__.......... _ 19___....
CORPORATION ACICNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE ME, the uadenlgned authority,
. . _
COUNTY CF..............
In and for said County, Teass, on this day personally appeared
W.........»........ . W.., known to me to be the person and officer
whose name Is subscribed to the foregoing Instrument and acknowledged to me that the same was the act of the W&
a corporation, and that be executed the same as the act of scch corporation for the purposes and consideration therein expressed, and In
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This- .....................day of................ A.D. 19._...._.
(L
Notary ...-County, Tau
My Commission Expires June . l9»
THE STATE OF TEXAS,
COUN'T'Y OF....... _
County Clerk of the County Court of said County, do hereby artily that the foregoing InaUument of writing dated on the.
day of..__..... , A.D. 10._...., with lu Certificate of AuthenUation, was filed for word In my otea
on tbe........-.-day of.......... _ A.D. t9..._., at...... o'clock-.-. MN and was duly recorded thr....._W.....
day ol._ _ _ A.D. f9_..._...., at ...............o'dock M., in the Records e,r aid County, in Vof-
umo._......................w.- on pages . _
WITNESS my hand and seal of The County Court of said County, at my *MCI la _
....................._.__....._.................W....µ...».............. ................................the day a year I&A above written.
Ckrk County Court.... _ ..Counq, Texas
(L 8.1 Ey_.... W ~ti Deputy.
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C-110--STANDARD SALE CONTRACT Martin Stationery Co., Dallas, Texas f
' THE STATF. OF TEXAS
BY THIS AGREEMENT AND CONTRACT,
COTJYTY of DENTON
Parties HORACE H. FANNING AND WIFE, LEONA R. FANNING hereinafter called Seller, f
acting through the undersigned and duly authorized Agent, hereby- sells and agrees to convey unto
i CITY OF DENTON s TEXAS
hereinafter called Purchaser,
the following desc,ibed property; Lying and situated in the City and County of Denton,
State of Texas, and more particularly described in Exhibit "A"
attached hereto and made a part hereof,
Properties
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~ + A the purchase price is f 560. as payable as follows: Cash of Closing.
1¢x X X X R X x XX R X X iCe IXdQis~)F$L~CDCUSrX b a9xbCyG9Q4Cd: xitbtOF.Jt?lDlllt~%~P~ 7~B~i{~k
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~ XJItI(14111e14:Y16]tXol4ahxdtXYa>47tXa4NexilLll~llahipa(Kd9kil~[91C(X
Purchaser
XXXXA0tboxagreesto futnisb Title Inel_~a',ice Policy to Wd property,
which shall be conveyed free and clear of Any and all encumbrancer except those named herein.
XXXXZrPSOF&MM0E](1NSbl*AXdMK0ft bSl (L69f1I~RJAX9CQ~1< 7fK
*MMUFOCAM" M" enat>0 Q71 iouaxtCxaa w JIM xtxav~aaxt+ab8?x7~x9~c J i~tQ{klxt$PD~Exety~ e k ~ C4e or.V
1elfp~s~ta,rciftrelaxaafl~xaex
It abstract to furnished, Purchaser a ea within ten days from the receipt of Bald abstract
either to accept the title as showa by sold abstract or to return it to the undersigned Agent with the
Title written ob ectlone to the title. If the abstract Is not returned to the Agent with the vnitten objections
noted within the time specified, it shall be construed es an acceptance of said tale. It title policy is fur-
nlshpd, Purchaser agrees to consummate the sale within tan days from ds!: title company approves title.
If any title objections are made then the Seller or his Agent shall have a reasonable time to curs
said objections and show good and marketable title. In the event of failure to furnish good and marketable
title, the purchase money hereby recelpted fcr Is to be returned to Purchaser upon the cancellation and
return of this contract, or Purchaser may enforce specific performance of same.
Seller agrees whan the title objections have been cured, to deliver a good and sufiSclent General
Warranty Dood properly conveying said property to said Purchaser, Xd4XDLYr.UiV[dJ:1l7tmciSkeolsmtbi
txan7l
Closing I .
fQ.MOMMMMI if7~ 7CR'iPM~ekAN JWW
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wxelt>ac IR~CaI>1Cla>'ealonoxrxac labctlr~i xoltlritct
Taxes Taxes for the current year, the current rents, Insurance, and Interest, (if any), are to be prorated
to date of closing.
XXXX1bU 16i(Y0*Kt6*K3KthKKdderVMM&keNtAKWMalaed RgesLtJWC RO101b1 7Q r)<J!
741[ IRl6Y]IaaXt>3AtsUi("modic
This contract is subject to the approval of the City Council of the City of
8~ lk1 Denton, Texas, .
Cenliti0ns
Executed in triplicate this 20 day of January lA •76 .
This contract subject to the acceptance of Seiler
Accept,di
CITY OF
i ' • sellr fi
r
Agent for 5 EN N
112,011A L1F6rN&M
PURCHASER
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ZN8ROMMOMY RibN18
EXHIBIT "A"
Being a tilangular parcel containing 1,269 square feet out of the North East
corner of a tract conveyed to D. J. Fanning etux Wanda L. by H. H. Fanning etux
Leona R. by deed dated December 28, 1960 and recorded in Volume 463 Page 552
Deed Records of Denton County. ,
BEGINNING at a point in the East line of the Fanning tract 315.9 feet
N C° 21' 06" E from the South Eaat corner of the Fanning tract, 340.9 feet from
the center of Collins Street;
THENCE N 240 04' 54" W parallel to and 50 feet from Centerline 49.12 feet
to a point 50 feet radially from PC Station 73+08.74;
THENCE along the are of a curve to the right that has a radius of 12482.39 feet,
32.51 feet to a point in the North line of the Fanning tract;
THENCE N 890 46' 06" E along said line 33.51 feet to the Northeast corner
of the Fanning tract;
THENCE 8 00 21' 06" W along the East line of the Fanning tract and the West
line of the Daniel tract 74.89 feet to the place of beginning and containing
1,269 square feet of land.
EXHIBIT "VI I
Grantors hereby acknowledge that their use of and access to the ex-
pressway lanes to be constructed in conjunction with the highway
facility of which the land hereby conveyed shall become a part shall
be and forever remain subject to the same regulation by le3aliy con-
stituted authority as applies to the public's use thereof; and Gran-
tors further acknowledge that the design and operation of such high-
way facility as a Controlled Access Highway require that access from
Grantor's remaining property to said highway facility shall be
governed henceforth as indicated in Paragraphs (A) and/or (B) herein-
below; and all abutter's rights including rights of ingress and egress
• and the right of direct access to and from Grantor's remaining pro-
perty to said Controlled Access Highway Facility, which have accrued
or might otherwise accrue to Grantors, their heirs, successors or
assigns are hereby waived, released and relinquished insofar as they
appertain to Paragraph (B) hereinbelow:
(A) Access to and from Grantor's remaining property will be permitted:
(B) Access to and from Grantor's remining property will be denied:
Grantors reserve all of the oil, gas and sulphur in and under the
land herein conveyed but waive all rights of ingress and egress to
the surface thereof for the purpose of exploring, developing, min-
ing or drilling for same; however, nothing in this reservation shall
affect the title and rights of the State to take and use all other
minerals and materials thereon, therein and thereunder.
,
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A93--WARRANTY DEED-Wiuh Gmertl +nd CnporaUon Acknowkdpaa la MARTIN Swtioneq Ca, D.Uu
THE STATE OF TEXAS, ~ Know All Alen By These Presents:
County of..... RE.(`1T.S R.._ .
DEED RECORDS
'that Mariano Rodriquez 1409
of the County of Denton $ tate of Texas for and in consideration of
the sum of
-----------Seventeen Thousand and No/100 ($17,000.00)---------- _pOLLARS,
to him inhandpaidby the City of Denton, Texas, a Municipal
Corporation
I
•
•
Lave Granted, Sold and Conveyed, and by u ese presents do Grant, SeU and Convey unto the said
City of Denton, Texas, a Municipal Corporation
of the County of Denton , Slate of Texas . Being a part of tha certai
lot, tract or parcel of land, lyin7 and being situated in the City and
County of Denton, State of Texas, being a part of the Wm. Loving 160 acr
Pre-emption Survey, Abstract No. 759, and being a part of a tract of lan
as conveyed by Jessie S. Cook, at al, to Ella M. Kelly by Quit-Claim Dee
dated August 18, 1943, as shown of record in Volume 305, Page 72 of the
Deed Records of Denton County, Texas, and more particularly described as
follows:
BEGINNING at a stake in the south boundary line of Highland Street, said
j stake being 69 feet east of the east boundary line of Center Street, sal
stake and corner being the northeast corner of a tract as conveyed by
Julian Land to the City of Denton by deed dated December 14, 1944, as re
corded in Volume 288, Page 475 of the Deed Records of Denton County, Taxaij
THENCE north 890 23' 13" east along the south boundary line of Highland
Street, 47.31 feet to a point south 890 231 13" west, 130.68 feet from
the northeast corner of the Rodriguez tract:
THENCE south 134 041 47" east, pasting through at 147.53 feet an exist!
fence corner, 292.30 feet to the southeast corner of the Rodriguez tract
in the north line of Maple Street
THENCE north 096 241 17" west along the north line of Maple Street and
the south line of the Rodriguez traot, 112.5 feet to the southwest corns
of the Rodriguez tract)
THINCS north 011 111 47" west along the west line of the Rodrigues tract,
s 29344 feet to the place of beginning and containing 22067244 square
feat 9; land, more or lose.
t~. i VOL 7 72 PUCE 25V
VOL 772 YAcE 254
TO HAU AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto In anywise belonging unto the said City of Denton, Texas, a Municipal
Corporation, its successors
US and assigns forever; and I do hereby bind myself, my
helm, eAmtm and administrators, to Warrant and Forever Defend all acd singular the said premises unto the
said City of Denton, Texas, a Municipal Corporation, its successors
ohs and assigns, against every person wbomw irm lawfully claiming, or to clalm the same, or any part
thereof.
Whom my band at 'fin, Texas this day of
January , A.D. t9 76
WIUWsea a Regtteat of Grantor
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ant
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ACKNOWLEDGMENT
THE STATE OF TES,
/ } BEFORE ME, the undersigned authority,
COUNTY OFyM.C.DENT~..lf/~.._/- 11
Rodri
..................~L...__......................_.............................................
In aa44" tphi (io.~C/ Teas, on the day personally appeared.... M......._ ...........ariano ue z
`'~\t yC?L'_,. .
CI f b . .
4 orm;to anoto be'.he ptrt .»»-..whose Dame...........is.......... subscribed to the foregoing Instrument, aad acknowledged to me that
1
::iota . _L erecutM the same for the purpose and considentioa thereto cap
O IM 1tiIY HAND AND SEAL OF OFFICE, Tbls...F y of .._!7dS1UB A.D. 1916....
/
Notary Public _..5~' 1. 9 -County, Tens
COM' ff. V'II. M SatM PA110
19.~~...
In and for the County of El Fcej. ^ • My CommMon Exp1m June __.._....a..._..__._.........
Zy rn.m4gC3CE! 153Eri4Y~ ACKNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE ME, the undersigned authority,
COUNTY OF__......
In and for field County, Tens, or, the day personally sppeared..___....._._........ .
known to me to be the person. whose name........ -.subscribed to the foregoing Instrument, and acknowledged to me that
.__he.._._.ettcuted the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ..._.._..........._..day oL.._._.__........ A.D. 19....__«
(L S.)
Notary Tens
My CommLuton Expiry 19_.___._
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE ME, the undersigned authority,
COUNTY OF.......
in and for sand County, Texas, on the day personally appeared . _
. _ _ known to me to be the person and officer
whose name is subecribod to the foregoing Wtrument and acknowledged to me that the acme was the act of the said.................. _
_ _ .»..W _
a corporation, and that he executed the same as the act of such Corporation for the purposes and consideration therein expressed, and in
the apadty therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This __.day of................. A.D. 19..
(LSJ W
tt~
Notary Public,.«. .-.....County, Texas
19_.
My Commission E;.phls June....
THE STATE OF TEXAS,
COUNTY OF.»..w.....~..._._ .............._.......W.......... I'_ .___.._....._........___.............._.._._......w........_._....«.....
County Clerk of the County Court of sand County, des ber.b; artily that the foregoing Instrument of writing dated on the___.........
,............day of.,. „ _ A.D. t9........, with Its Certificate of Authentication, was filed for record to my o&a
to the... - - day of...... _ A.D. 19.........., at....... ......A'. and was duty recorded this
day oL _ _ - A.D. 19.........., at..._...... _....o'clocit `M, In the Records of said County, In Vol-
~ma oa pages
WITNESS my band and seal of the County Court of said County, at my otbu fn. _ ..wW..~ w. ...,w.......«
W,...w .....,w. _........................W.....-the day end year, lad above written.
Cleric County Court....................- Texa
(1«9.1 Hy ................w..«._....«..........«., Deputy.
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L141FE TITLE INSURANCE Company of Dallas
PURCHASER'S STATEMENT
DATE: January 7th, 1976 _ GF NO.: 16054
SALE FROM: )Mariano Rodriquez TO: City of Denton,Texss.
PROPERTY Part of 11n.T.nvina Survey.Ahnt.759.1n City of T)nnton,Texas.
PURCHASE PRICE s11,000.00
PLUS: CHARGES
Filing fees to County Clerk: WD 3.50 REL DT 3.50
TST Agmt. Aff a
Loan charges and fees; due to
8
Loan transfer fee or assumption fee
Fees to - 1TSTA fP Title Company
Title Policy: Owner 168.00 Mortgagee. Binder
Escrow, 12.50 Restrictions
a 180.E
Tax Certificates: State and County itV and School
City and E chool
Other a 9.00
- 6
Survey fee tc 1
Attorney's fees for preparation of papers to b
Flood Insurance premium to
6
Hazard Insurance premium to _ a
Tax and insurance escrowed with a
mos. tax deposit@ -per mo.
mos, hazard Insurance@ per mo.
mos. flood Insurance @ per mo.
~-mos. mortgage Insurance@ per mo.
6
Interest from to a
a
Proration of hazard Insurance from to
1
Proration of flood Insurance from --to
Maintenance charge proration from . to a
Tax proms ors from to a
a
Escrowed accounts with lender purchased from Seller a
a
TOTAL CHARLES a 193.00
GROSS AMOUNT DUE BY PURCHASER a 17,193.00
LESS: CREDITS
Down payment or earnest money paid to 1
Loan from
Note assumed 0
Interest proration from . to . a
Tax proration from to a
a
Rent proration from to a
Other Credit a
a
' a
TOTAL CREDITS a 0
BALANCE DUE BY/T4PURCHASER 8 17t193-00
Purchaser understands the Closing or Escrow Agent has assembled this information representing the trPnsaction from
the beat Information available from other sources and cannot guarantee the accuracy thereof. Any seal estate spent or lender
Inv*%W may be furnished a copy of this StatemenL ,
Purchaser understands that tax and Insurance prorations and reserves were based on figures for the proceellq year or
Supplied by others or satlmeles for current year, and In the event of any change for current Year, all necessary od;tstments
must bemrtrnbatweenPurchaser andSeller d"Mife Title Co.of Penton.
the undatogned hereby authorizes 5 to make exp4nditures and
disbursaments as shown above and approves same for payment The underslgned also eckro wta Igea receipt of Lnan Funds,
d aWleabls, in the amount shown above and a receipt of a copy of this Statement.
s
CLOSING OR ESCROW GENT ADDRESS
i
• l
C-iio-STANDARD SALE CONTRACT Kii-tin Stationery Co., Dallis, Texas
THE STATE OF TEAS
BY THIS AGREEMENT AND CONTRACT,
COUNTY OF DENTON
MARIANO RODRIOUEZ
Parties hereinafter called Seller,
acting through the undersigned and duly authorized Agent, hereby sells and agrees to convey unto
CITY OF DENTON, TEXAS hereinafter called Purcbaser, f
the following described property. Lying and situated In the City and County of Denton,
State of Texas, and more particularly described in Exhibit "A"
1 attached hereto and made a part hereof,
•
Properties
72 OP
the purchase price is 1 Zb'l*ea follows: Cash at Closing.
I RXXXXxxxxxxXXamt(ke midlPhatocdtac dxxdexot6tod kit:tbexosdeJMi~4 al t
r~OCx~agoosenUaoeoefpxafx~LbcDtlaXlaydaxedoaos9totaai~xxdt6G!®sDtlG
ti
Terms
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7lhtA4kdtOla~bFtlfdt~CXXXXXO~WUCaootdcDtaflleodokacidwwsoetiD~,wtxiCihte/xhttksarroeice[Nldltn7!
tttrisoaaslS~3E~diib3E3IKtaX.tmalslmameK x)molesexUt
Purche{tser
f XxX5af1kC:agrees to furnish Title Insurance Policy to said property,
which shall be conveyed free and clear of any and all encu~+mgbrances except those named herein. 1~pR
XX)(R '411A Ric it fi KkM1nc )g f Ak~(AP?F~t b
if abstract is furnlehed, Purchaser &"A within ten days !rom the recelpt of said abstract
either to accept the title as shown by said abstract or to return it to the undersigned Agent with the
Title written objections to the title. If the abstract Is not returned to the Agent with the written objectloru
noted within the time specified, It shall be construed so in acceptance of Bald title. If title policy Is fur-
nsshed, Purchaser agrees to consummate the sale within ten deys from dae title company approves title.
11 any title objectons are made then the Seller or his Agent mall have a reasonable time to cure
said objections and show good and marketable title. in the event of failure to furnlah good and marketable
title, the purchase money hereby recelpted for is to be returned to Purchaser upon the cancellation and
return of this contract, or Purchaser may enforce speciEe performance of same.
Seller agrees when the title objections have been cured, to deliver a goat and sutllelent General
Warranty Deed properly conveying said propertl to said Purchaaer, XKbyt~b K0D?o0tC N1W1KXaOKXl0WX
Closing xet WWW X mmix0 fX
W4L"1pSg=J" t~hOtltU4hAtlt t6d!(CtiWa >tXXXXXXXXXX74RA4N1~4R41!X
Wim
Taxes Taxes for the current year, the current ants, Insurance, and Interest, (if any), an to be prorated
to date of closing.
X)i0!itlityfwarm 1( IIIItKlOlt4G111EltXllRitlNtQ41o103lltOW6tR7tX
8 Moll This Ccntract is subject to the approval of the City Council
of the City of Denton, Texas.
'0 0 r "10 0,
Exec-:ted In triplicate this day of 19 7A
'i'bis contract subject to the acceptance of Seller CY
e Aeccpicd:
CITY OFD TEXAS, RC ER
py
i T i >~Ml6k1lM'!t Agent tort'
L 6, ;t
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF.__..f~!1 sp BEFORE ME, the undersigned authority,
in and for said County. Texas, on this day personally appeared - 1 / /A Ale OO /t~ Cy v L
known come to be ;he person whose name / S si uscribed to the foregoing instrument, and acknowledged to me that
be executed the same for the purposes and consideration therein expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This da, of .rya ,`1.D ID... -
in ,r J Irr
10y c inn re ri cs tun 11 1016 Notary Public, County, Texas
My Commission Expires June 1, 1976
SINGLE ACKNOWLEDGMENT
THE STATE OFT XAS, I
COUNTY OF J BEFORE ME, the undersigned authority,
In and for said County, Texas, on this day personally appeared
known to me to be the person _ whose name subscribed to the foregoing instrument, and eknowledged to me that
he...... executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFI^E, This day of A.D. 19..._....
(L.S.)
Notniy Public, _ _ County, Texas
My Commission Expires June 1, 19.._.
4
NOW"
f
EXU DIT "A"
Being a part of that certain lot, tract or parcel of land, lying and
being oituated in the City anA County of Denton, State of Texas, being a
Part of the Wm. Loving 160 acr,3 Pre-emption Survey, Abstract No. 759, and
being a part of a tract of land as conveyed by Jesnic S. Cook, et al, to
Ella H. K2)ly by Quit-Claim Deed dated August 18, 1943, as shown of record
in Volume 305, Page 72, of the Deed Records of Denton County, Texas and
more particularly described as follows:
BEGINNING at a stake in the south boundary line of Highland Street,
said stake beinb 69 feet East of the east boundary line of Center Street,
said stake and corner being the northeast corner of a tract as conveyed
by Julian Land to the City of Denton by deed dated December 14, 1940, as
recorded in Volume 288,-Page 475, of Deed Records, Denton County, Texas;
THENCE N 89°,23* 13" E along the south boundary line of Highland Street
47.31 feet to a point S 890 23' 13" W, 130.68 feet from the northeast corner
of the Rodriguez tract;
THENCE s 130 04' 47" E, passing through at 147.53 feet, an existing
fence corner, 292.30 feet to the scutheest corner of the Rodriguez tract in
the north ling of Maple Street;
THENCE V 89° 24, 17" W along the north line of Maple Street and the
south line of the Rodriguez tract, 112,5 feet to the southwest corner of
the Rodriguez tract;
THENCE N 00 11' 47" W along the west line of the Rodriguez tract,
283.04 feet to the place of beginning and containing 22,672.04 square feet
of land more or less. ,
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EXHIBIT Grantors hereby acknowledge that their use of and access to the ex-
pressway lanes to be constructed in conjunction with the highway
facility of which the land hereby conveyed shall become a part shall
be and forever remain subject to the same regulation by legally con-
stituted authority as applies to the public's use thereof; and Gran-
tors further acknowledge that the design and operation of such high-
way facility a:: a Controlled Access Highway require that access from
Grantor's remaining property to said highway facility shall be
governed henceforth as indicated in Paragraphs (A) and/or (B) herein-
below; and all abutter's rights including rights of ingress and egress
and the right of direct access to and from Grantor's remaining pro-
perty to said Controlled Access Highway ?Facility, which have accrued
or might otherwise accrue to Grantors, their heirs, successors or
assigns are hereby waived, released and relinquished insofar as they
'appertain to Paragraph (B) hereinbelow:
(A) Access to and from Grantor's remaining property will be permitted:
(B) Access to and from Grantor's remining property will be denied:
Grantors reserve all of the oil, gas•and sulphur in and under the
land herein conveyed but waive all rights of ingress and egress to
the surface +hereof for the purpose of exploring, developing, min-
ing or drilling for same; however, nothing in thi, reservation shall
affect the title and rights of the State to take and use all other
minerals and materials thereon, therein and thereunder.
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LKIIFE TITLE INSURANCE COMPANYof Dallas
Owner Policy
of Title
Insurance
USLIFE TITLE INSURANCE COMPANY of Dallas, DALLAS, TEXAS, a Texas Corporation,
HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein
named Insured, the heirs, devisees, executors and administrdtors of the Insured, or if a cor-
poration, its successors by dissolution, merger or consolidation, that as of the date hereof,
the Insured has good and indefeasible title to the estate or interest in the land described or
referred to in this policy.
The Company shall not be liable in a greater amount than the actual monetary loss of the
Insured, and in no event shall the Company be liable for more than the amount shown in
Schedule A hereof, and shall, except as hereinafter stated, at its own cost defend the Insured
in every action or proceeding on any claim against, or right to the estate or interest in the land,
or any part thereof, adverse to the tit.'e to the estate or interest in the land as hereby
guaranteed, but the Company shall not be required to defend against any claims based upon
matters in any manner excepted under this policy by the exceptions in Schedule B hereof or
excluded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Conditions and
Stipulations hereof. The party or parties entitled to such defense shall within a reasonable
tirne after the commencement of such action or proceeding, and in ample time for defense
therein, give the Company written notice of the pendency of the action or proceeding, and
authority to defend. The Company shall not be liable until such adverse interest, claim, or
right shall have been held valid by a court of last resort to which either litigant may apply, and
if such adverse interest, claim. or right so established shall be for less than the whole of the
estate or interest in the land, then the liability of the Company shall be only such part of the
whole fiabilily limited above as shall bear the same ratio to the whole liability that the adverse
interest, claim. or right established may bear to the whole estate or interest in the land, such
ratio to be based on respective values determinable as of the dare of this policy. In the absence
of notice as aforesaid, the Company is relieved from all liability with respect to any such inter-
est, claim or right; provided, however, that failure to notify shall not prejudice the rights of
the Insured if such Insured shall not be a party to such action or proceeding, nor be served
with process therein, nor have any knowledge thereof, nor in any case, unless the Company
shall be actually prejudiced by such failure.
Upon sale of the estate or interest in the land, thip policy automatically thereupon shall become
a warrantor's policy and the Insured, the heirs, devisees, executors and administrators of the
Insured, or if a corporation, its successors by dissolution, merger or consolidation, shall for a
period of twenty-five years from date hereof remain fully protected according to the terms
hereof, by reason of the payment of any loss he, they or it may sustain on account of any
~~NCF Cp warranty of title contained in the transfer or conveyance executed by the Insured conveying
5p •'4c
r;• t the estate or interest in the land. The Company shall be liable under said warranty only by
' reason of defects, liens or encumbrances existing prior to or at the date hereof and not
% Y i gEAL ? ° excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability
• s ;not to exceed the amount of this policy.
%"C K rr
IN WITNESS HEREOF, the USLIFE TITLE INSURANCE COMPANY of patios has caused this
policy to be executed by its rresident under the seal of the Company, but this policy is to be
valid only when it bears an authorized countersignature, as of the date set forth in Schedule A.
Prrs,denf
Aflesf. Senwe V,ce Prrrdeet Secrelrry end rrrasurer
Aufhorlted Spnslure
iorrnerly DALLAS TITLE AND GUARANTY COMPANY Foxrrm 1 sofa 077H
l
Conditions and Stipulations
1. Defini,ions
The following terms when used in this policy mean:
(a) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law
constitute real pi operty.
(b) "public records": Those records which impart constructive notice of matters relating to the land
(c) "knowledge": Actual knowledge, not constructive knowledge, or notice which m..^y be imputed to the Insured by reason of
any public ecords.
(d) "date": The effective date, including hour if specified.
2. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by reason o: the following-
?a) The refusal of any person to purchase, lease or lend mor, v on the land.
(b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec-
ords at the date hereof; and the consequences of any law, ordinance or governmental regulation including, bet not limited to,
building and zoning ordinances.
(c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governments or other entities
to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans,
or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or
bulkhead lines as established or changed by any government, or to filled-in lands, or artificial islands, or to riparian rights, or the
rights or interests d the State of Texas or the public generally in the area extending from the fine of mean low tide to the line of
vegetation, or their right of access thereto, or right of easement along and across the same.
(d) Defects, liens, encumbrances, adverse claims against 1 ne title as insured or other matters (1) created, suffered. assumed or
agreed to by the Insured at the date of this policy, or (2) known to the Insured at the date of this policy unless disclosure thereof
in writing by the Insured shall have been made to the Compr ny prior to the date of this policy; or loss or damage which would
not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property
or' survivorship rights, if any, of any spouse of any Insured.
3. Defense of Actions
(a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company
the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name
of the Insured for such purpose. Wherever requested by the Company, the Insured shall give the Company all reasonable aid in
any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or
proceeding.
(b) The Company shall have the right to select counsel of its own choice when aver it is required to defend fny action or pro-
ceeding, and such counsel shall have full control of said defense.
(c) Any action taken by the Company for the defense of the Insured or to establish the title as insurfJ, or both, shall not be con-
strued as an admission of liability, and the Company shall not thereby be held to concede liability or waive any provision of this
policy.
4. Payment of Loss
(a) No claim shall arise or be maintainable under this policy for liability voluntarily assumsc by the Insured in settling any claim
or suit without written consent of the Company.
(b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the
insurance pro Canto; and the amount of this policy shall be reduced by any amount the Company may pay under any policy
insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a
charge or lien on the land, and the amount so paid shall be deemed a payment to the Insured under this policy,
(c) The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim Insured against
by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the Company `
is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim. Further, the payment or
tender of payment of the full amount of this pr,iicy by the Company shall terminate all liability of the Company under this policy,
(d) Whenever the Company shall have fettled a claim under this policy, all right of subrogation shall vest in the
Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies of the I
Insured against any person or p openly in respect to such claim. The Insured, if requested by the Company, shall transfer to the
Company all rights and remedies against any person or )perty necessary in order to perfect such right of subrogation, and
shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies.
5. Policy Entire Contract j
Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of
the title insured hereunder, must be based or, the provisions of this policy, and all notices required to be given the Company, and
any statement in writing required to be furnished the Company, shall be addressed to it at Dallas, Dallas County, Texas.
g, This policy is not transferable,
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SCHEDULE A
Cl' No. or We No.: 16054 by Owner Policy No.: U 1 060609
Amount: $17,000.00 Date of Policy: January 27, 1976 b
Name of insured:
CITY OF DENTON, TEXAS, A Municipal Corporation
1. The estate or interest in the land insured by this policy is: Fee Simple
(fee simple, leasehold, easement, etc.-identify or describe)
2. The land referred to in this policy is described as follows:
A part of that certain lot, tract or parcel of land, lying and being
situated in the City and County of Denton, State of Texas, being a part
of the Wm. Loving 160 acre Pre-emption Survey, Abstract No. 759, and
being a part of a tract of land as conveyed by Jessie S. Cook, at al,
to Ella M. Kelly by Quit-Claim Deed dated August 18, 1943, as shown of
record in Volume 305, Page 72, of the Deed Records of Denton County,
Texas, and more particularly described as follows:
BEGINNING at a stake in the South boundary line of Highland Street,
said stake being 69 feet East of the East boundary line of Center
Street, said stake and corner being the Northeast corner of a tract as
conveyed by Julian Land to the City of Denton, by deed dated December 14,
19400 as recorded in Volume 288, Page 475, of the Deed Records of
Denton County, Texas;
THENCE North 89° 231 13" East along the South boundary line of Highland
Street, 47.31 feet to a point South 89° 231 13" Kest, 130.68 feet from
the Northeast corner of the Rodriquez tract;
THENCE South 13° 041 47" East, passing through at 147.53 feet, an
existing fence corner, 292,30 feet to the Southeast corner of the
Rodriquez tract in the North line of Maple Street;
THENCE North 89° 241 17" West along fie North line of Maple Street, and
the South line of the Rodriquez tract, 112.5 feet to the Southwest
corner of the Rodriquez tract;
THENCE North 00 111 47" West along he West line of the Rodriquez tract,
283,04 feet to the place of beginning and containing 22,672.04 square
feet of land, more or less.
Denton USLIFE TITLE INSURANCE Company of Defies
1301 Mein Street
Dafts, Texas 75202
.TY
1.. lr NftANN
CHEDULE 8
Owner Policy No.: J 06069
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in-
sured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this
policy:
1. Restrictive covenants affecting the land described or referred to above, none of record.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im-
provements.
•
3. Taxes for the year 19.75_ and subsequent years.
4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s):
None.
5. Any portion of the captioned property falling within the boundaries
of any road, street or highway.
6. Visible and apparent easements on or across the property.
w,
229 Vks1 Hickory
Box 518
Denton Texas 76201
817 387 6148
L161IFE TITLE Company of Denton
January 28, 1976
co
Mr. Paul Isham
City of Denton Attorney
Municipal Building
Denton, Texas 76201
Re: Mariano Rodriquez sale to City of Denton
Dear Sir:
Wat are enclosing Owner's Title Policy No. 1 060609 which covers
the above captioned purchase,
If we can be of further service to you in the future, please
call us.
Very truly yours,
USLIFE TITIS CO. OF DK.MN
Bys
Atkers
OA/bp
enols
THE STATE OF TEXAS X
COUNTY OF DENTON X
This agreement made and entered into this day of
1976, by and between the City of Denton,
Texas, a Municipal Corporation, hereinafter called "City", and
the Denton Chamber of Commerce, a non-profit corporation char-
tered under the Laws of the State of Texas, hereinafter called
"Chamber",
WITNESSETH:
Whereas, City has recently passed an ordinance providing
for the assessment and collection of a hotel occupancy tax in
the City of Denton of three percent (38) of the consideration
paid by the occupant of a room, space or facility in any hotel;
and
Whereas, the Chamber is well equipped to advertise and con-
duct solicitation progra.•ns to acquaint potential users with public
meeting and convention facilities and to promote tourism and
advertise the City of Denton; and
Whereas, it is to the mutual benefit of the City and Chamber
that the City provide funds to the Chamber for the above stated
purposes and that the Chamber use such funds for such purposest
NOW, THEREFORE, in consideration of the premises an3 of the
mutual covenants herein contained, City and Chamber bureby agree
as follows:
1. Chamber shall employ its best efforts for general pro-
motional and tourist advertiaing of the City of Denton and con-
ducting solicitation and operating programs to contract conven-
tions and visitors, including the establishment and operation by
Chamber of a convention and visiVrs bureau.
2. As a consideration for the services set forth in Para-
graph 1 hereof, City agrees to pay to Chamber an amount equal to
the amount actually collected by the City from the hot-31 occupancy
tax in any fiscal year during the term of this agreement less one
percent (1%) for administrative expenses, but the City shall not
be liable to pay any additional funds. If the one percent (1%)
does not adequately reimburse the City for its expenses, then
City may deduct the actual amount of such expenses.
3. The City shall, on or before the 45th day following the
end of each quarter pay an amount equal to the monies collected
cor that quarter less one percent (1%) to the Chamber. Tee quar-
ters will end on the 31st day of March, the 30th day of June, the
30th day of September and the 31st day of December of each year.
4. The Chamber agrees that it will record expenditures in-
volved in this program on a monthly basis in separate accounts.
The books of account will be maintained in a form approved by the
Director of Finance of the City of Denton and will be available
for inspection and copling by the Director, his duly authorized
agents and representatives, during regular business hours of the
Chamber.
5. Thirty days after the end of every quarter the Chamber
will furnish to City a performance report of its work under this
contract in a form determined by the City Manager and which shall
reflect overall activity, meetings, conventions and conferences
conducted, identity and amounts of advertising conducted, copies
of literature produced as well as a description of direct mailings
in the lust quarterr and the expenditures during the quarter of
the funds received pursuant to this contract.
6. It is understood and agreed that Chamber shall not in any
sense be considered partner or joint ventu,•er with City, no:
shall Chamber be considered nor in any manner hold itself out as
an agent or official representative of City. Chamber shall. be
considered an independent contractor for the purposes of this
agreement and shall in no manner incur any expenses or liability
on behalf of City.
-2-
7. Chanber does further agree to hold City harmless from
any and all claims by third parties for any injuries, damage or
liability occasioned by Chamber in connection with this agreement.
8. It is understood and agreed that this contract shall be
terminated upon occurrence of any of the following events:
(a) The giving of written notice by either party to the
other party at least ninety days (90) days prior to the date of
termination;
(b) The termination of the corporate existence of Chamber;
(c) The insolvency of Chamber, the filing of a petition in
bankruptcy, either by or against Chamber, or an assignment by
Chamber for the benefit of creditors;
(d) The breach by Chamber of any of the terms and conditions
of this agreement and the continuation of such breach for a period
of ten days (10) after written notice is given by City to Chamber
of such breach;
9. in the event of the termination of this agreement as pro-
vided in Paragraph a hereof, Chamber shall submit to City a state-
ment showing any expenses incurred by it for the present quarter
in which said termination takes place and City agrees to reimburse
Chamber, to the extent that said monies are collected from the
hotel occupancy tax during that quarter, an amount equal to the
lesser of the expenses incurred by the Chamber durinv that qua':ter
or the amount of tax collected for that quarter. City also real-
izes that Chamber may heLve committed themselves to pay expenses
for conventions that gill occur after the termination of this
agreement, and City agrees to reimburse the Chamber for such ey.-
penses up to the cumulative sum of $1,000.00.
10, Chamber shall not assign this contract without the
written consent of City first Oitained in writing.
11. ?1ny notice required to be given under the terms and
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provisions of this agreement shall be effective if and when given
in writing and deposited in the Unitsd States Mail, certified or
registered mail, return receipt requested, on the date so deposited
and addressed to the respective parties as follows:
City Manager
City of Denton
215 East McKinney
Denton, Texas 76201
Executive Vice-President
Denton Chamber of Commerce
414 West Parkway
Denton, Texas 76201
12. This agreement shall be binding upon the successors and
assigns of the respective parties.
13. All the terms, conditions and stipulations of this con-
tract ate subject to all applicable federal laws, state laws, the
Charter of the City of Denton, all oruinances passed pursuant
thereto and all judicial determinations relative thereto.
IiXECUTED on this the day of , 1976.
CITY OF DENTON, TEXAS
BY: P _
TON D. JE R, , MAYOR
ATTEST:
BR dHOLT, CITY /SECRETARY
CITY OF DENTON, TEXAS
VED AS TO LEGAL FORK:
AU C. ISH , CITY ATTORNEY
CITY OF DENTON, TEXAS
DENTON CHAMBER OF COMMERCE
BY: t-
PRES DENT
ATTESTS
TARY i
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229 Voest Hickory
Box 518
• Denton Texas 76201
817 387 6148
LJ61IFE TITLE Company of Denton
i
JEmuary 13. 1976
Mr. Paul Isham, City Attorney
Municipal Building
Denton, Texas 76201
Re: City of Denton land purchase from Lois Daniel
A tract out of the A. Hill Survey, Abst. 623
Dear Sir:
We are enc,`osing Owner's Title Policy No. 1 060579 which covers
the above property purchase.
If we can be of further service to you in the future, please
call us.
Very truly yours, •
USLIFE TITLE CO. OF DENTON
By•
Ott Akers,
OA/bp /
encls
' L6MFE TITLE INSURANCE COMPANYof Dallas
Owner Policy
of Title
Insurance
USLIFE TITLE INSURANCE COMPANY of Dallas, ; ALLAS, TEXAS, a Texas Corporation,
HEREINAFTER CALLED THE COMPANY, for valu, does hereby guarantee to the herein
named Insured, the heirs, devisees, executors and ud,.,rlisirators of the Insured, or if a cor-
poration, its successors by dissolution, merger or conso!,dotinn, that as of the date hereof,
the Insured has good and indefeasible title to the estate or interest in the land described or
referred to in this policy.
The Corrpany shall not be liable in a greater amount than the actual monetary loss of thn
Insured, and in no event shall the Company be liable for more than She amount shown in
Schedule A hereof, and shall, except as hereinafter stated, at its own cost defeird the Insured
in every action or proceeding on any claim against, or right to the estate or interest In the land,
or any part viereof, adverse to the title to the estate or interest in the land as hereby
guaranteed, but the Company shall not be required to defend against any claims based upon
matters in any manner excepted under this policy by the exceptions in Schedule B hereof or
excluded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Conditions and
Stipulations hereof. The party or parties entitled to such defense shall within a reasonable
time atter the commencement of such action or proceeding, and in ample time for defense
therein, give the Company written notice of the pendency of the action or proceeding, and
authority to defend. The Company shall not be liable until such adverse interest, claim, or
right shall have been held valid by a court of last resort to whi;h either litigant may apply, and
if such adverse interest, claim, or right so established shall be for less than the whole of the
estate or interest in the land, then the liability of the Company shall be only such part of the
whole liability limited above as shall bear the same ratio to the whole liability that the adverse
interest, clal,r, or right established may bear to the whole estate or interest in the land, such
ratio to be based on respective values determinable as of the date of this policy. In the absence
of novice as aforesaid, the Company is relieved from all liability with respect to any such Inter-
est, claim or right; provided, however, that failure to notify shall not prejudice the rights of
the Insured if such Insured shall not be a party to such action or proceeding, nor be served
with process therein, nor have any knowledge thereof, nor in any case, unless the Company
shall be actually prejudiced by such failure.
Upon sale of the estate or interest in the land, this policy automatically thereupon shall become
a warrantor's policy and the In, -ed, the heirs, devisees, executors and administrators of the
insured, o if a corporation, its successors by dissolution, merger or consolidation, shall for a
period of twenty-five years from date hereof remain fully protected according to the terms
hereof, by reason of the payment of any loss he, they or it may sustain on account of any
uarXCt coy warranty of title contained in the transfer or conveyance executed by the insured conveying
rS; the et late or interest in the land. The Company shall be liable under said warranty only by
i BEAD': o reason of defects, liens or encumbrances existing prior to or at the date hereof and not
exclud Id either by the exceptions or by the Conditions and Stipulations hereof, such liability
not to ;xceed the amount of this policy.
IN WITNESS HEREOF, the USLIFE TITLE INSURANCE COMPANY of Dallas has caused this
policy to be executed by its President under the seal of the Company, but this policy is to be
valid onl it when it bears an authorized countersigna lure, as of the date set forth in Schedule A.
rn
w e,„renl
Arrest Senior Vice P tin dent. Secrebryend rree,uwer
AulA,rired &grvlure
Formerly DALLAS TITLE AND GUARANTY COMPANY FOV M (T) I IOM I77X
htttttfa~
Conditions and Stipulations
1. Definitions
The following terms when used in this policy mean:
(a) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law
constitute real property.
(b) "public records": Those records which impart constructive notice of matters relating to the land.
(c) "kno-ledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of
any puhlir, records.
(d) "date": The effective date, including hour if specified.
2. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the following:
(a) The refusal of any person to purchase, lease or lend money on the land.
(b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec-
ords at the date hereof; and the consequences of any law, ordinance or governmental regulation including but not limited to,
building and zoning ordinances.
(c) Any titles or rights asserted by anyone including, but not limited to, persons, corporatic ns, governments or other entities
to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and sir:ams, lakes, bays, gulfs or oceans,
or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or
bulkhead lines as established or changed by any government, or to filled in lands, or artificial islands, or to riparian rights, or the
rights or interests of the State of Texar, or the public generally in the area extending from the line of mean low tide to the line of
vegetation, or their right of access thereto, or right of easement along and across the same.
(d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or
,greed to by the Insured at the date of this ;olicy, or (2) known to the Insured at the date of this policy unless Asclosure thereof
in writing by the Insured shall have been made to the Company prior to the date of this policy; or loss or damage which would
not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property
or Wrvivorship rights, if any, of any spouse of any Insured.
3. Defense of Actions
(a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company
the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name
of the Insured for such purpose. Whenever requested by the Company, the Insured shall give the Company all reasonable Bid in
any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or
proceeding.
(b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or pro-
ceeding, and such counsel shall have full control of said defense.
(c) Any action taken by the Company for the defense of the Insured or to establish the title as insured, or both, shall not be con-
strued as an admission of liability, and the Company shall not thereby be held to concede liability or waive any provision of this
policy.
4. Payment of Loss
(a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any claim
or suit without written consent of the Company.
(b) Ali payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the
insurance pro tanto; and the amount of this policy shall be reduced by any amount the Company may pay under any policy
insuring the validity or priority of any lien excepted to herein or any instrume tt hereafter executed by the Insured which is a
charge or lien on the land, and the amount sopaid shall be deemed a payment to the Insured under this policy.
(c) The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against
by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the Company
is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim. Further, the payment or
lender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this policy,
(d! Whenever the Company shall have settled a claim under this policy, all right of subrogstion shall vest In the
Company unaffected by any act of the Insured, and it shAI be subrogated to and be entitled to all rights and remedies of the
Insured against any person or property in respect to such claim. The Insured, if requested by the Company, shall transfer to the
Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and
shall ptrmitthe Company to use the name of the Insured in any transaction or litigation involving such rights or remedies.
5. Policy Entire Contract
Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of
the title Insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and
any statement in writing required tobe furnished the Company, shall be addressed to it at Dallas, Dallas County, Texas.
S. This policy is not transferable.
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SCHEDULE A
GF No, or file No.: 16495 by O%ner Policy No.: U 1 060879
Amount: $4,000.00 Date of Policy: January 12, 1976
Name of Insured:
CITY 01' DENTON, TEXAS, a Municipal Corporation
1. The estate nr interest in the land insured by this policy is: Fee Simple
(fee simple, leasehold, easement, etc.-identify or describe)
1 The land referred to in this policy is described as follows:
All that certain tract or parcel of land lying and being situated in the
State of Texas, County of Denton, being a 10,386 square feet tract of
land off the North end of a tract conveyed to Lois E. Daniel by Leon,
at ux, Daphne. Young by Deed dated June 9, 1951 and recorded in Volume
370, Page 585, Deed Records of Denton County, Texas;
BYZINNING at a point in the East line of the Daniel Tract, 168.12 feet
North 00 211 061, East from the Southeast corner of the Daniel Tract,
193.12 feet from the center of Collins street and being 50 feet at
right angles from Centerline Station 70+93.29;
THENCE North 24° 041 541, West parallel to and 50 feet from centerline
166.33 feet to a point in the West line of the Daniel tract and the
East line of the Fanning tract;
THENCE North 00 211 0611 East along said line 74.89 feet to the North-
west corner of the Daniel tract;
THENCE 89° 461 0611 East along the North line of said tract, 68.8 feet
to the Northeast corner of the Daniel tract;
THENCE South 00 211 0611 West along the East line of Daniel tract and
West line of the Denton tract, 227.02 feet to the place of beginning
and containing 10,386 square feet.
Denton USLIFE TITLE INSURANCE Company of Dallas
13011 Main Street
Was, Teuaa 71=2
Fars 1 nu.n A WM 07111
SCHEDULE B
Owner Policy NO.: 1 060579
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in-
sured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this
policy:
1. Restrictive covenants affecting the land described or referred to above. None of record.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im-
provements.
J. Taxes for the year 19__76 and subsequent years, not yet due and payable.
4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s):
None.
5. Any portion of the captioned property falling within the boundaries of
any road, street or highway.
6. Visible and apparent easements on or across the property.
1
form S W.rr Ii IBM rra.
EXHIBIT "B"
Grantors hereby acknowledge that their use of and access to the ex-
pressway lanes to be constructed in ornjunction with the highway
facility of which the land hereby conveyed shall become a part shall
be and forever remain subject to the same regulation by legally con-
stituted authority as applies to the public's use thereof; and Gran-
tors further acknowledge that the design and operation of such high-
way facility as a Controlled Pccess Highway requlrE that access from
Grantor's remaining property to said highway facility shall be
governed henceforth as indicated in Paragraphs (A) and/or (B) herein-
below; and all abutter's rights including rights of ingress and egress
and the right of direct access to and from Grantor's remaining pro-
perty to said Controlled Access Highway Facility, which have accrued
or might otherwise accrue to Grantors, their heirs, successors or
assigns are hereby waived, released and relinquished insofar as they
appertain to Paragraph (B) hereinbelcn:
(A) Access to and from Granter's remaining property will be permitted:
(B) Access to snd from Grantor's remining property will be denied:
Grantors reserve all of the oil, gas and sulphur in and under the
land herein conveyed but waive all rights of ingress and egress to
the surface thereof for the purpose of exploring, developing,
min- ing or drilling for same; however, nothing in this reservation shall
affect the title and rights of the State to take and use all other
minerals and materials thereon, therein and thereunder.
. S
•
' UlIIFE TITLE INSURANCE Comparyof Dallas
PURCHASER'S STATEMENT
ATE: January 7th, 1976. GF No,: _16495
ALE FROM: Jodie Daniel, et al To: City of Denton
OPERTY Part of A.Hi_ll Survey, Abst.623,in City of Denton, Texas.
'RCHASE PRICE S 4.000000
US: CHARGES
Filing tees to County Clerk: WD _50 REL DT
TST Agmt. Aft 4.50 $_9.00
Loan charges and lees due to
_ a
Loan transfer fee or assumption fee 8
Fees to _ USLife Title Company
Title Policy: Owner 34100.00 Mortgagee Binder
Escrow 12.5fL-Restrictions
$ 112.50
Tax Certificates: State "County 91- 9.00
City and School _
Other $
$
Survey fee to s
Attorneys fees for preparation of papers to a
6
Flood Insurance premium to _ $
Hazard insurance premium to
Tax and Insurance escrowed with 6
mos. tax deposit@ per mo.
mos. hazard Insurance@ per mo.
mos. Ilood Insurance @ per mo,
mos. mortgage Insurance @ per mo.
6
Interest from to 6
e
Proration of hazard insurance from to i
Proration offlood Insurance from to. a
Maintenance charge proration from to 6
Yox proration from to E
Escrowed accounts with tender purchased from Seller 6
TOTAL CHARGES E 120.50 -
GROSS AMOUNT DUE BY PURCHASER b 4,120.50
SS: CREDITS
Down payment or earnest money paid to $
Loon Irora' a _
Nute assumed b _
Interest proration from to S
Tax proration from to . $
s
Rent proration from to
Other Credit S
TOTAL CREDITS 0
BALANCE DLE BY/TO PURCHASER $4,120.50
Purchaser understands the Closing or Escrow Agent has assembled tht1i Information representing the transaction from
best Information available from other sources and cannot guarantee the accuracy thereof. Any r•,I estate agent or lender
Ived may t c hornlshed a copy of this Statement.
Purchaser understands that tax and insurance proraUons and reserves were based on figures for the preceding year or
plied by others or estimates for current year, end 'in the event of any change for current year, all necessary adjustments
cst be made between Purchaser and Seller direct.
The undersigned herebysuthwires 11STAPs 141111 f7n_nf Manton to make expenditures and
aerffenia 46 shown above and approval same for payment. The undersigned also t:cknowledgos receipt of Loan Funds,
oppilcablri,In the armmni spawn above and a receipt,sl a copy of thin Statomo 2
0
i
CLOSING OR ESCROW AGENT ADDRESS
1
C-110-STANDARD SALE CONTRACT Martin Sla%nery Co.. Dallas, Texan
THE STATF OF TEXAS
COUNTY OF DENTON BY THIS AGREEMENT AND CONTRACT,
1
Parties LOIS E. DANIEL, DECEASED, JODY DANIEL, MRS. hereinafter called Seller,
MAE BRYOM, MRS. MARIE STRENG AND HARLIN DANIEL
:icting through the undersigned and duly authorized Agent, hereby sells and agrees to convey unto
CITY OF DENTON, TE"AS , hereinafter called Purchaser,
the following described propert,: Lying and situated in the City and County of Denton,
State of Texas, and more particularly described in Exhibit "A"
attached hereto and made a part hereof,
E
Properties ff
4 f
the purchase price i.~ , 000. 00 ,payable as (ol]owe: Cash at Closing.
xx x x x x xx xx x1mal~xGtxa~r~x'asitt~s«Itanar~liw~st~a xxet k~x rotlsflt~facu le]t~ x f
a)Ip0i3CA~liA~,}C9e'R1AhP;~If~lLl>ii]tb[~0UX7[~00YdC➢1SC~b6X~Ibd7AE9[~:L Ii
Terms
xi~x~klii>~l~l~ex~s;asr~xxxxxsr'exxat~as~.vawax~xsaxx~ikxsr~acor~mtuw:+caalcpwemxacxmr~untx
xelr]txFkl41WLY xaxstdmt~t~x iaxehxiielc,l[de~, R srifike2nrttx
Purchaser
xxxx .green to furnish Title Insurance Policy to said property,
which shall be conveyed free and clear of any and all encumbrances except those named herein.
XXXX16ixltdWtLidElCYdt$t#sii:[e~FJtitdf7lYd:RexC~cgeEdmidEiCs1t16xtxd(gx~Hp~Fx9tfAt~rlml~'f¢47teeX `~t~Ac~1,C1t
tllfalldl OWs*31~~09r~1~CXtJXfdXic6xtopdit i5i~ECdt 1[Xdt ]k4d[vc9t~Xd~t VXKXAAD¢lo lIAAro60f~7 VWX
=309M lWltrli'Ioll.
U abstract to furnished, Purchaser agrees within ten days from the receipt of said abstract
either to acceppt the title as shown by said abstract or to return It the undersgned Agent with the
Title written ob1ectlone to the title. 11 the abstract Is not returned to the A ent with the written objections
noted within the time specified, It shall be construed as an acceptance of Bald title. If title policy Is far.
niched, Purchaser agrees to consummate the sale within ten days from dete title company approves title.
If any titis objections are made then the Seller or his Agent shall have a reasonable time to care
sold objections and show good and market ale title. In the event of failure to furnish good and marketable
this eontract, money Purchaser may enforce specific performance of same. hereby recellpted for Is 14 be returned to rchaser upon the cancellation and
uothe l purc
r0 Seller agrees when the title proo~Aey toe said Purc, haserxKA)WJ*'X~llOfd)Q~suffiden, General
ili~txAfrX"1X
iVartanty Deed properly conveying
13Xe8 9icyxl6icxiliS~exotxAWioXaT~Yy>SriRahxdt~csd5ewtar~x:mi>Exxx~oltecDOetxteir~latX
>f,E.1iAimJFx saaalZ Tun" xamaalYdaxslnllaxmxMtatxltrcepx
claw tjr rxtt tXIto tx~srut~oea~talaaxa J=X
7fa3&9t~t rreratal,SYt(eYxll~xxac'x1a~l~t~cxalwt~cslmx~ltxow~~OKKaex
o~ xlr~r~>id1xlieyexazlklkxxxx:;xxxxxanltk3texXaexx
miflow4adifitypi~tae MWRiZi7"it*X
Taxes Taxes for the current year, the current rents, Insurance, and Interesr, (11 soy), uv to be prorated
to date of closing.
X x x x ~.lQx l',%~l2Fxrtxotelaxsscx x
xxaeioafiset o11ee1nna,ItlltX"
This oontraot subjeot to the approval of the City Co,inoil of
CO tit the City of Denton, Texas.
Executed In triplicate this X~ day of
This contract subject to the acceptaaa of Ws,.,
AeoiWAi
SELLERS SIGNATURES ON ATTACReD. CI7Y OF ' TON T,E S
Seller.
g 1~~
i. - PW*A XX AgtrAfor- SXAS
PURCHASER
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, I
COUNTY OF _ J BEFORE Y F, the undersigned authority,
. .
In and for said County, Texas, on this day personally appaared -
known U me to b,! the person whose name subscribed to the foregoing Instru.t ent, rnd acknowledged to me that
he......executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19_.
(L.S.)
Notary Public, . Cuunty, Texas
_ My Commission Expires June 19
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS,
~ BEFORE. ME, the undersigned authority,
COUNTY OF.
in and for said County, Texas, on this day personally appeared
known to me to be the person whose name subscribed in :ne foregoing Instrument, and acknowledged to me that
he.... ..executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE., This day of . _ . _ A.D. 19..__....
(L.S.)
Notary Public, _ _ _ County, Texas
My Commission Exp,'res June 1, 19.
O
U ~
O
i'
G la
,f
9 Mae
JOD D I L ,/1. MRS . M q~BRYO
Ott't,I•Xie%GG~a/1 ` ' tct2
R MARIE d ARLI D I L
a
EXHIBIT "A"
Being it 10,386 square feet tract of land off the North end of a trac'.
conveyed to Lois E. Daniel by Leon etux Daphna Young by Deed dated June 9, 1951
and recorder. in Volume 370 Page 585 Deed Records Denton County.
BEOINNINC at a point in the East line of the Daniel tract 168.12 feet
N 00 21' 06" E from the South East corner of the Deriel tract, 193.12 feet from
the center of Collins Street and being 50 feet at right angles from Centerline
Station 70+93.29;
THENCE N 240 04►' 54" W parallel to and 50 feet from Centerline 166.33 feet
to a point in the West line of the Daniel tract and the East line of the
Fanning tract;
TaNcE N 0° 21' 06" E along said line 74.89 feet to the :,jrth West corner
of the Daniel tract;
MENCE N 890 46' 06" E along the North line of said tract 68.8 feet to the
North East corner of the Daniel tract;
THENCE S Op 21' 06" W along the East line of the Daniel tract and West line
of the Denton tract 227.02 feet to the place of beginning and containing 10,386
square feet.
SIMMONS
~j.- %,~i~{~,~, 1
'.y,~=•, liar.
,+h,c 1
40,
.a i , 11IE ST ATE OF TEXAS KNOW ALL K N BY 111ESG PRI:SlM S :
00 =I OF DIMON
That I, MS. LOIS/DA.NIEL, of the County of Dcnton, State of Texas,
1• ' boring of sound and disposing mind and memory, do hereby WE, DIiCLAf2E, and PUBLISH
~
this my Last Will and Testament, hereby revoking all other wills by me at any
time heretofore made. ^ .
r F
I will and direct that all just debts owing by me at the date of my
death, including funeral charges bnd expenses of my last illness, be paid by
my executrix hereinafter named as soon after my decease as shall be found
Vii.. ,
practicable and convenient.
s a tr;':.'i i' , • foregoing items, I give, devise, and ti
.After the'payment of•the o or ,
•~~;~:iit~>_•!r;;arl':1
J., - bequeath all property, real, personal, or mixed, of which I shall die seized
and possessed, or to which I may be entitled at the date of my death, wherever
situated to my four children,'namely: Harlin Daniel, Jodie Daniel, We Byrom,
and Mario Spreng, share and share alike,
+'a`+•' 1'•,,~ I'nominate, constitute and appoint my daughter, Mae Byrom, to be 11
;independent executrix of this will, and directthat no ,end or other security
•shall be required of her as such executrix, and that no action shall be had in
any court'concerning my ;estate except to prove and record this will and to
return an inventory and appraisemed of the property of my estate, together ,
c
Y. with a list of claims as required by law.
i~V,pK ,>~•1/•~r:..::5/; ij' I of any
.'1r1y said executrix shall have full power to sell and dispose
.:'1F'~~,.•'~1, pro perty of my estate either for the purposo of paying debts or for making,
1 i' p
1 .*4an equitable distribution among the beneficiaries above named.
• ; • y IN''I>s'rIf ow 1%11L'RLOF0 1 have hereunto set my hind in tl.o pro3enco
of tho undersigned, each of whom is moro than twenty-ono years of ago, and who
~t ! .,,.,~.~w...~.w MM~MIw'JN.A ppyryl,ry•I,l1,1►A'IM
•i*~~~4n at my request and in my presence and in the presence of each other, sign their
names hereto as attesting witnesses, and to v.1 ion 1 )lave declared this to be
. c
my Last sill and Testament at Denton, Texas, on this the 1001 day of
July A. D. 19636
41
Testatrix
111; ABOV'.i AND FOREGOING INSTR[MT was now here subscribed by
C.
MRS, LOIS/DANIEL, the testatrix, in our presence, and we at her request and
f .in her presence and in the presence of each other, sign our names hereto as
attesting witnesses, and the said testatrix declared said inctniment to her
Last'llill and Testament at Wnton, Texas, on the clay and year last abovd
written,
"
Attesting Witnesses
c.
r .
eta
.
PROOF OF :r__ _ f~Ip
Lois E. Daniel, Deceased
STATE OF TEXAS X
COUNTY OF DENTON X
Before me, the undersigned authority, a'Notary Public in
and for Denton County, Texas on this day personally appeared JODIE
DANIEL and MAE BYROM, known to me to be resident creditable ,
citizens of the County of Denton, State of Texas, who being by me
duly sworn, each of them says as.follows:
That affiant was well and personally acquainted with Lois
E. Daniel during her lifetime; that she was the mother of these
affiantsl that she was married but one time and then to J. M, Daniel
who died intestate on June 20, 19401 the.t'four children were born
` as a result of said marriage, namely: Jodie Daniel, one of these
affiants, Mae Byrom, one of these affiants, Harlin Daniel and
Marie Spreng. No other children were born as a result of said
marriagQ and no child was ever adopted by them. That the said
Lois E. Daniel died testate on September 24, 19730 leaving to
survive her as her sole and only heirs the four children above
named, each of whom is more than twenty-one (21) years of ages
that no administration has been had upon the estate of said dece-
dent and none was necessary in that all debts of the estate,
including funeral charges and ekpenses of her last illness , and
there are at this time no outstanding unpaid debts owing by the
estate of said decedent.
That the property owned by her at the date of her death
was, her separate property having been' acquired many years after tho
death of her husband, J, M. Danieli that said decedent owned her
home at 320 West Collins Street in the City of Donton, Texas; that
by agreement of tho beh6fioiaries named in tho will of said decedent,
s.ho samo will not be offered for probate inasmuch as no necessity
oxists for administration upon hor octoto as horoinabovo sot- outs
1 •
That a copy of said will is attached hereto and marked Exhibit "A" ~I
and the same made a part of this affidavit.
WITNESS OUR HANDS at Denton, Texas this 7th day of January,
A. D. 1976.
JODIE DANIEL
MAE BYROiM
SUBFCRIBED AND SWORN TO before me on this.the day
of January, 1976.
NOTARY PUBLIC, DENTON COUNTY, TEXAS
THE STATE OF TEXAS X
COUNTY OF DENTON X
BEFORE ME, the undersigned' authorityr in and for said County,
Texas, on this day personally appeared JODIE DANIEL and MAE BYROM,
known to me to be the persons whose names are subscribed to the fore-
going instrument, and acknowledged to me that they executed the same
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of January, 1976..
My Commission Expiress s~n~~ ~1 ~11~~t fei
JU110 lr 1977. NOTARY PUBLIC, DENTON COUNTY, TEXAS
D• ,
A-06-WARRANTY DIED-With CmaJ.ad Copom6m Acm"Iedlmmu MARTI I St.tloam Co., Dallu
THE STATE OF TEXAS, Know All Men By These Presents:
County of...... DENTOU I
DEED RECORD-§
Tbat JODIE DANIEL, MAE BYROM, MRS. MARIE SPRENG AND A. H. DANIEL
645
of the County of Denton State of Texas for and in consideration of
the sum of-----------------------------------------------------------------
Four Thousand and No/100 ($4,000.00) DOIJARS
to us inhandpaidby the City of Denton? Texas, a Municipal
Corporation
have Granted, Sold and Conveyed, and by th.!e presents do Grant, Sell and Convey unto the said
City of Denton, Texas, a Munioi.gal Corporation
of the County of Denton , State of Texas
Being a 109386 square feet tract of land off the north end of a tract
conveyed `co Lois E. Daniel by Leon, et ux Daphna Young by Doed dated
June 9, 1951 and recorded in Volume 370, Page 585, Deed Records of
Denton County, Texas.
BEGINNING at a point in the east line of the Daniel Tract 168.12 feet
north 00 210 06" east from the southeast corner of the Daniel tract,
193.12 feet from the center of Collins Street and being 50 feet at right
angles from Centerline Station 70+93.291
THENCE north 240 040 94" west parallel to and 50 feet from centerline
166,33 feet to a point in the west line of the Daniel tract and the east
line of the Fanning tract;
THENCE north 00 210 06" east along said line 74.89 feet to the northwest
corner of the Daniel tract;
THENCE 890 46' 06" east along the north line of said tract 68.9.feet to
the northeast corner of the Daniel tract;
THENCE south 04 21' 06" west along the east line of the Daniel tract and
west line of the Denton tract 227.02 feet to the place of beginning and
containing 10,386 square feet.
va 770 Pact 721
vot 770 PPE 722
TO HAV9 AND TO HOLD the above described premises, together with all and singular, the rights and
appurtenances thereto In anywise belonging unto the said City of Denton, Texas, a Municipal
Corporation, its successors
belts and assigns forever; and we do hereby bind ourselves, our
bean, eaecutors sad udmlalstrators, to Warrant and Forever Defend all and singular wa said premises unto the
said City of Denton, Texas, a Municipal Corporation, its successors
bi~m and assigns, against every person whomsoever lawfully clalming, or to claim the same, or any part
thereof. .
Witness our band s at Denton, Texas this day of
UnUary. , A.D. 19 76
Witnesses at Request of Grantors o-/(I_~ivJl
.Y.•..YNNN Y..YNNrw.•.•...NrrYrrr.........•..•Nrr. .•r1......1 Y•.NN•• J !./11.`....y'. V.y .
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THE STATE OF TEXAS, ACILKOWLEDGbIENT
BEFORE ME, the unterslgned authority,
COUNTY OF....... DEN.',Olt`I _
In and for said County, Tam, ,a this day penonauy apprared...Jodie Danie~......Mae . Marie
5-greaq.... and...A.....H......Dalli.e .
known to berto tq,tbe peno".._.._.wbmse name-S........ aXa..subscribed to the foregoing instrument, and acknowledged to me that
'Q4 he same for the purposes and consideration therein expressed.
uar
. A. . 19.....6...
QL DEEt SIY HAND AND SEAL OF OFFICE, This ...~or~ t or J ill....
~
Notary Public O.£JL.Q.II..........__. County, Teas
` . My Commission Expires June I.._ to...T7...
ACKNOWLEDGMENT
°
THE STATt? OF TEXAS, BEFORE ME, the unders°aned authority,
COUNTY OF_.....
In and for acid County, Tam, on this day personally appeued...... _
known to tae to be the perwn..._.....whose rsme..._._........... ...._..subscribed to the foregoing Instrument, and acknowledged to me that
r...he_..escavled the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This _..day A.D. 19..._._»
(L S.) _
Notary Publler ....._..County, Texas
,
_ 19... _
My Commission Expires June
CORPORATION ACKNOWLEDGMENT
THE MAIM OF TEXAS, ~ BEFORE ME, the undersigned authority,
COUNTY OF... _ _
in and for add County, Texas, on this day personally appeared.... _
w._._.....W _ _ _ , known to me to be the person and officer
whose name Is subscribed to the foregoing Instrument and acknowledged to me that the same was the act of the said
w..... _
a corporation, and that be executed the same u the ad of such corporation for the purposes and consideration therein expressed, and In
the opacity therria stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ........................day of_._._..,..... A.D. t9__..._.»
(LS.)
Notary I'ublicr... ___County, Texas
19»_..»._
My Commission Expire June.....
THE STATE OF TEXAS,
COUNTY OF.w _ _ W. _
County Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the.»..._..._..
._...day A.D. 10........, with its Certificate of Auth atlatkn, was filed for rLard In my office
on the ..........day of..._. w A.D. fe_..... and was duty recorded this_........._..
day of r _ A.D. 10..........., in the Records of said County, In Vol-
nme paga.»»..,..._..»............._.._...
WITNESS my hand and sal of the County Court of sold County, at my of rs la___ »
_ » _ , _ _ _ .__ths day and year last above written.
Clerk County .._County, Team
(L. S.) Ey Deputy.
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• Denton Texas 70201
817 387 6148
ULFIFE TITLE Company of Denton
January 2, 1976
i
Mr. Paul Isham, City Attorney
Municipal Building
Denton, Texas 76201
Dear Sir:
We ere enclosing Owner's Title Policy No. 1 060555 which covers
tha property purchased from Mr. Lester F. Yarbrough.
If we can be of further service to you in the future, please
call us.
Very truly yours,
USLIFE TITLE CO. OF DENTON
By:
Ottis Akers
DA/bp
encls
U611FE TITLE INSURANCE COMPANY& Dallas
Owner Policy
of Title
Insurance
USLIFE TITLE INSURANCE COMPANY of Dallas, DALLAS, TEXAS, a Texas Corporation,
HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein
named Insured, the heirs, devisees, executors and administrators of the Insured, or if a cor-
poration, its successors by dissolution, merger or consolidation, that as of the date hereof,
the Insured has good and indefeasible title to the estate or interest in the land described or
referred to in this policy.
The Company shall not be liable in a greater amount than the actual monetary loss of the
Insured, and in no event shall the Company be liable for more than the amount shown in
Schedule A hereof, and shall, except as hereinafter stated, at its own cost defend the Insured
in evr ry action or proceeding on any claim against, or right to the estate or interest in the land,
or any hart thereof, adverse to the title to the estate or interest in the land as hereby
guaranteed, but the Company shall not be required to defend against any claims based upon
matters in any manner excepted under this policy by the exceptions in Schedule B hereof or
exctL,ded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Conditions and
Stipulations hereof. The party or parties entitled to such defense shall within a reasonable
time after the commencement of such action or proceeding, and in ample time for defense
therein, give the Company written notice of the pendency of the action or proceeding, and
authority to defend. The Company shall not be liable until such adverse interest, claim, or
right shall have been held valid by a court of last resort to which either litigant may apply, and
if such adverse interest, claim, or right so established shall be for less than the whole of the
estate or interest in the land, the o the liability of the Company shall be only such part of the
whole liability limited above as shall bear the same ratio to the whole liability that the adverse
interest, claim, or right established may bear to the whole estate or interest in the land, such
ratio to be based on respective values determinable as of the date of this policy. In the absence
of notice as aforesaid, the Company is relieved from all liability with respect to any such into
est, claim or right; provided, however, that failure to notify shall not prejudice the rights of
the Insured if such Insured shall not be a party to such action or proceeding, nor be served
with process therein, nor have any knowledge thereof, nor in any case, unless the Company
shall be actually prejudiced by such failure.
Upon aloof the estate or interest in the land, this policy automatically thereupon shall become
a warrantor's policy and the Insured, the heirs, devisees, executors and administrators of the
Insured, or if a t.orporation,.its successors by dissclution, merger or consolidation, shall for a
period of twenty-five years from date hereof remain fu.ly protected according to the terms
hereof, by reason of the payment of any loss he, they or it may sustain on a4count of any
SJa~t+ct Cp~A warranty of title contained in the transfer or conveyance executed by the Insured conveying
r; the estate or interest in the rand, The Company shall be liable under said warranty only by
s reason of defects. liens or encumbrances existing prior to or at the date hereof end not
gXBAL ! ° excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability
r~
r~ • rF3~5,:~~° not to exceed the amount of this policy.
s9 IN WITNESS HEREOF, the USLIFE TITLE INSURANCE COMPANY of Dallas has caused this
policy to be executed by its President under the seal of the Company, but this policy Is to be
valid only when it bears an authorized countersignature, as of the date set forth In Schedule A.
Fr~derr
Anesr 90c,O, Oct 01reiden7, serrrb"yend rrruwe,
Amho.~eed Srpnawrr
-----J - f00.M Rl I SOM 173X
Formerly DALLAS TITLE AND GUARANTY COMPANY
Conditions and Stipulations
1. Definitions
The following terms when used in this policy mean:
(a) "land": The land described, specifically or by ♦eference, in Schedule A, and improvements affixed thereto which by law
constitute real property.
(b) "public records": Those records which impart constructive notice of matters relating to the land.
(c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of
any public records.
(d) "date": The effective date, including hour if specified.
2. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the following:
(a) The refusal of any person to purchase, lease or lend money on the land.
(b) Governmental rights of police power or eminent domain unlass notice of the exercise of such rights appears in the public rec-
ords at the crate hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to,
building and zoning ordinances.
(c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governments or other entities
to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans,
or to any land extending from the t,ne of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or
bulkhead lines as established or changed by any government, or to filled in lands, or artificial islands, or to riparian rights, or the
rights or interests of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of
vegetation, or their right of access thereto, or right of easement along and across the same.
(d) Defects, liens, encumbrances, adverse claims against the title as inwred or other matters (1) created, suffered, assumed or
agreed to by the insured at the date of this policy, or (2 ) known to the Insured at the date of this policy unless disclosure thereof
in writing by the Insured shall have been made to the Company prior to the date of this policy; or loss or damage which would
not have be en sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property
or' survivorship rights, if any, of any spouse of any Insured
3. Defense of Actions
(a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company
the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name
of the Insured for such purpose, Whenever requested by the Company, the Insured shall give the Company all reasonable aid in
any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or
proceeding.
(b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or pro-
ceeding, r nd such counsel shall have full control of said defense.
(c) Any action taken by the Company for the deli of the Insured or to establish the title as insured, or both, shall not be con-
strued as an admission of liability. and the Company shall not thereby be held to concede liability or waive any provision of this
policy.
4. Payment of Loss
(a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any claim
or suit without written consent of the Company.
(b) All payments under this policy, except payments made for costs attorney fees and expenses, shall reduce the amount of the
insurance pro tanto; and the amount of this policy shall be reduced by any amount the Company may pay under any policy
insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a
charge or lien on the land, and the amount so paid shall be deemed a payment to the Insured under this policy.
(c) The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against
by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the Company
Is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim. Further, the payment or
tender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this policy.
(d) Whenever the Company shell have settled a claim under this policy, all right of subrogation shall vest In the
Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies of the
Insured against any person or property In respect to such claim. The Insured, if requested by the Company, shall transfer to the
Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and
shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies.
5. Policy Entire Contract
Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of
the title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and
any statement in writing required to be furnished the Company, shall be addressed to it at Dallas, Dallas County, Texas.
6. This policy is not transferable.
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SCHEDULE A
Gf No. or Fite No.: 16056 by Owner Policy No.: 0 1 060555
Amount: $14,200.00 Date of Policy: January 2, 1976
Name of Insured:
CITY OF DENTON, TEXAS
1. The estate or interest in the land insured by this policy is: Fee Simple
(fee simple, leasehold, easement, etc.-identify or describe)
2. The land referred to in this policy is described as follows:
All thet certain lot, tract or parcel of land, situated in Denton
CountyI Texas, being part of the Wm. Lcving Survey and described by
metes and bounds as follows:
BEING port of a 1-1/2 acre tract sold by Mrs. H. A. Brandon to J. D.
Edwards on January 20, 1896, by deed shown of record in Volume 60,
Page 15, Deed Records of Denton County, Texas.
h,"lNNING at the Southeast corner of said 1-1/2 acre tract;
THENCE North 60 feet for corner;
THENCE West 210 feet for corner;
THENCE South 60 feet for corner;
THENCE East 210 feet for corner and place of beginning.
Denton USLIFE TITLE INSURANCE Company of Dallas
1301 Main Street
Daltaa Taxes TWA
rora r w.R A ear me
• SCHEDULE 6
Owner Policy No.: 1 060555
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in-
sured, it any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this
policy:
1. Restrictive covenants affecting the land described of referred to above. Hone of record.
2. Any discrepancies, conflicts, or ;portages in area or boundary lines, or any encroachments, or any overlapping of im-
p r ove men ts.
3. Taxes for the year 1976_ and subsequent years.I not yet due and payable.
4. The following lien(s) and all Ijrms, provisions and conditions of the instruments) creating or evidencing said lien(s):
None.
5. Any portion of the captioned property falling within the boundaries
of any road, street or highway.
6. Visible and apparent easements on or across the property.
FVM I hood ! IOM 07IB
THE STATE OF TEXAS,'~~ TzFcnR°`
KNOW ALL MEN BY THESE PRESENTS,
.
COUNTY OF DENTON
65
That LESTER FRANKLIN YARBROUGH i
I
of the County of Denton State of Texas , for and in consideration of
Fourteen Thousand Two Hundred & No/100 ($14,200.00)-----------DOLLARS,
to him inhaiApaidby the City of Denton, Texas
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said
City of Denton, Texas
of the County of Denton , State of Texas , all that certain
lot, tract or parcel of land, situated in Denton County, Texas, being
part of the Wm. Loving Survey and described by metes and bounds as
follows:
BEING part of a 1-1/2 acre tract sold by Mrs. H. A. Brandon to J. D.
Edwards on January 20, 1896, by deed shown of record in volume 60,
Page 75, Deed Records of Denton'County, Texas, and
BEGINNING at the southeast corner of said 1-1/2 acre tract;
THENCE north 60 feet for corner;
THENCE west 210 feet for corner;
THENCE south 60 feet for corner; I
THENCE east 210 feet for corner and place of beginning.
TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights
I
and appurtenances thereto in anywise belonging unto the said Lester Franklin Yarbrough,
II
his
heirs and assigns forever; and he does &Aereby bind himself, his
heirs, executors and administrators, to Warrant and Forever Defend all and sinaslar the eaiw ; rP: dF"
unto the said City of Denton, Texas, its successors
Mx9and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part
thereof.
Witness his hand at Denton, Texas
this 2nd day of January, , A. D.1976 .
Witnesses at Request of Grantor: ?iLE53FRANKLIN j2.
0 PAGE ~~3v
VOL
I
SINGLE ACKNOWLEDGMENT ;YQL 769 va614
THE STATE OF TEXAS, 1
O)UNTY OF. DENTON 1 BEFORE ME, the undersigned authority,
In and for said County, Texas, on this day personally appeared ..LeS.teY_ Franklin YdrbrOUgh_
_
known to me to be the person whose name 1S subscribed to the foregoing instrument, and acknowledged to me that
ho, 1 Executed the same for the purpcscs and Cansidernti(n therein expressed.
a
? q GIVEN UNDER MY HAND AND SEAL OF OFFICE, This 2nd day of itBriUBTyC s , A.D. 19 7
r Notary public, ft n County, Texas
• i
• illy Conmiission Expires tune 1, 19._,.7.7.
JOINT ACKNOWLEDGMENT
THE STA COF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF
In and f.r said County, Texas, on this day per~onaliy appeared
and
his wife, bath known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to
me that they each executed the same for the purposes and consideration therein expressed, and the said
, wife of the said . having been
examined by me privily and apart from her husband, and having G•e same icily explained to her, she, the said
acknowledged such instrument to be her act and deed and
sSe declared that the had willingly signed the same for the purposes and consideration therein expressed, and that she did
not wish to retra^t it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of__ A.D. 19
(L.S.) _
Notary Public . County, Texas
My Commission Expires June 1, 19
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority,
COUNTY OF _ F
In and for said County, Texas, on this da) personally, appeared
wife of .
known to me to be the person whose name Is subscribed to the foregobig instrumetand having been examined by me privily
and apart from her husband, and having the sumo 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 purpnses and consideration therein expressed, and that she did
not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,This. day of .....A.D. 19.
(L.S•)
Notary Public . County, Texas
My Commission Expires June 1, 19............
CLERK'S CERTIFICATE
THE STATE OF TEXAS, T fou*arf of DEM11 ,county
COUNT]' OF MITE OF TEth jC;ss
cnUtiTY CitP~, D;rtnn Co is on Ms
Cleric of the County Court of fluid C6unty,140 WEpy+f~lt'fy thtilt, i,8civv BialMjistrumebt of writing dated on the
nor day of Q,p snd l~V~A. D 19', V!ltb R* Cert0l0e of Authentication, was filed for
record in my office on the day of Pp1d"d In Ihd e-1,A1 V•► gt,by me,, at o'clock. ,_...D1., and duly
Denton wurRi, le•u A
recorded this day of pi „yR. 19 , at o'clock M., in the
Recorai,nt s11d County, In Volume ' on pages
WITNESS MY HAND AND SEAL OF TH TY COURT of d Ca a e in
° lfi de aYylcei list ~e k~}i L n j
nk~
ro•A wul~w~LjAC1lFrfla, Couhtl........ County, Texaa.
(G 9,) By, Deputy.
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Lone Star Gas Company
301 S, Ha,-ood Steel • Dallot, Te,e, 75201
January 10, 1976
City Secretary
City of Denton
Denton, Texas
Dear Sir:
SUBJECT: Lone Star Gas Company
Distribution System Maps
Denton, Texas
Accordi-ig to the provisions of our franchise with the City of Denton,
Section 9, we are required to submit annually a map of our gas distribution
system within the city.
I am forwarding herewith a copy of this map showing our gas distribution
system as of January 1, 1976.
Sincerely,
HERBERT CREAMER
HC:bs
Enclosures
cc: Mr. R. L. Vineyard
Mr. G. G. Gilbert
y
ire
T ,
aC(
l
OATH OF OFFICE
• ~~I Pete Work ,
. do solemnly swear (or affirm) that I will faithfully execute
the duties of the office of-
Plumbinj Code Board
of the Oi.ty of Denton, Tex;s, and will to the best of my
ability preserve,, protect and defend the Constitution and
-laws of the United States and of this State and the Charter
and ordinances of this City; and I furthermore solemnly
swear (or affirm) that I have not directly or indirectly
paid, offered or promised to pay, contributed'or promised-
.to.contr3bute any money, or valuable thing, or,promised any
public office or employnent, as a reward to secure my appoint-
,
neat. So Help Me Cod." "
Subscribed and sworn to before me the undersigned Notary Public
• :on this the 8 day of January A.D. 19 7f To cert-
ify which witness z,y hand and seal of office.
• 0~
N a Public in and for Denton County,
Tex0i
rJ \ ~
~ \
6
w ~f
C
i
OATH OF OFFICE
Sill Burley ,
• do solemnly swear (or affirm) thet I %,ill faithfully execute
the duties of the office of-
Plumbi.ne k Mechanical. Code Board__
of the City of Denton, Tex4s, and will to the best of my
ability preserve,, protect and defend the Constitution and
]haws of the United States and of this State and the Charter
and ordinances of this City; and I furthermore solemnly
swear (or affirm) that I have not directly or indirectly
paid, offered or promised to pay, eontributed'or promised-
to.contrSbute any money, or valuable thing, or•promised any
public office or employment, as a reward to secure my appoint-
meat, So Help Me Cod."
lubscribed and sworn to before ze the undersigned notary Public
• -on this the day of A.D. 19Z{s. To cert-
ify which wftnass my ha and seal o office.
• tdry Public in and for Dcncon County, •
Texas i,
•
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iAF6C0
GENERAL- INSURANCE COMPANY • AMERICA
Hom*0f1ktr 130 Irmitlya Art. N.L, SwNfe, WwAinelon 91111103
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CLRTIFILII MIL - RETURN RECEIPT REQUESTEi)
NOTICE OF CANCELLATION
City Clerk
City of Denton OF BOND
Denton, Texas
L J
You are hereby notified that GENERAL INSURANCE COMPANY OF AMERICA, Surety on the bond described below,
desires to cancel and does hereby cancel said bond, in accordance with the cancellation provisions contained therein
or in applicable laws or regulations:
BOND NO. 564146
PRINCIPAL International Exterminator Corporation 155-West 14agnolia Fort Worth, Texas
EFFECTIVE DATE January 24, 1967
DESCRIPTION Pest Control Operators
This notice is mailed to you on January S .19 76, and becomes effective
January 24, 1976
Cancellation Acknowledged:
URA
CUPOERICA
GENERAL I
CI'L'Y OF lll,bIT01, TF',?L15 GGr%(J
By By 4danda House Attorneytn-fact
Doled 19- Address P. 0. Box lllo Dallas st`'1*& s",,75221
J f~arraLit ,
PLEASE SION THE DUPLICATE OF THIS NOTICE AND RETURN IT
IN THE ENCLOSED SELF-ADDRESSED ENVELOPE `p Y1` 'iJ
5 765 010 1/60 PRINT EO IN V. S.A.
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AMERICAN INDEMNITY COMPANY
GALVESTON, TEXAS
0 0
TEXAS' OLDEST STOCK COMPANY
LICENSE AND PERMIT BOND
(For County, City, Town or Villoge Only)
KNOW ALL MEN BY THESE PRESENTS: BOND No. S 138007
That we Vernon Kruger f Sons
of the City of Aubrey e
State of Texas as Principal,
and the AMERICAN INDEMNITY COMPANY, a corporation duly licensed to do business in the
State of Texas as Surety, are held and firmly bound unto the
City of_ Denton
State of Texas , Obligee, in the penal
(Valid only when a County, City, Town or Village is named to obligee)
sum of One Thousand And No/100------------------ ($1 9000.00 )DOLLARS,
(NOT VALID IF FILLED IN FOR MORE THAN 15,000.00)
lawful money of the United States, to be paid to the said Obligee, for which payment well and truly
to be made, we bind ourselves and our legal representatives, jointly and severally by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal
has been licensed Contractor, Concrete Contractor
by the said Obligee.
NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things
comply with the laws and ordinances including all Amendments thereto, appertaining to the license or
permit applied for, then this obligation to be void, otherwise to remaln in full force and effect until
January 16, , 191L, unless renewed by Continuation Certificate.
This bond may be terminated at any time by the Surety upon sending notice in writing, by ce)►'S(ed
mail, to the clerk of the Political Subdivision with whom this bond is filed and to the Principal, ad'.eased
to them at the Political Subdivision named herein, and at the expiration of thirty-five (86) days irom the
mailing of said notice, this bond shall ipso facto terminate and the Surety shall thereupon be relieved
from any liability for any acts or omissions of the Principal subsequent to said date,
Dated this 16th day of Jan ry 1 197,
_ZVrIncipal
Principal
Attest: AMERICAN IN EMNITY COMPANY
BY
Asst. cretary Vice President
ACKNOWLEDGMENT OF SURETY
STATE OF TEXAS (Corparote Officer)
as
County of Galveston
On this i 6th day of_ January - ,19_16.., before me,
the undersigned officer, personally appeare-t F R rAti'Pt kl! Jr. Vice President,
who acknowledged himself to be the aforesaid officer of the AMERICAN INDEMNITY COMPANY, a
corporation, and that he as such officer, being authorized so to do, exect.ted the foregoing Instrument
for the purposes therein contained, by siguing the name of the corporation by himself as such officer. ,
IN WITNESS WHEREOF, I have hereunto set my hand and official seat.
My Commission Expires
6-1 p7 C{,, ~ ~ r-
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SCHEDULE OF PRICES FOR SUPPLIES AND SERVICES
FISH-O-RAMA
January 1, 1976
Fishing Charges and Fishing Supplies Price
Fishing Tickets(12 hours - 1 pole) $ 1.25 per person
Fishing Tickets (ea. additional pole) $ .50 each
Rod & Reel Rental 1.00 each
Cane Pole Rental $ .75 each
each
Cane Pole-Completely Rigged $ 21..5010 aach
Minnow Buckets-Paper $ 1.10 each
Minnow Buckets-Styrofoam $ 1.79 each
Rod lS $ 4,98 to 6.98 each
Fish Baskets
$ 69 each
Hooks (112 doz pkg, snel.led) $ .20 to .50 each
Floats
.jigs $ .35 each
Minnows $ .70 per dozen
Catfish Baits $ .70 to 1.89 each
Frozen Shrimp & Liver-8 oz,box $ 1.50 per box
50 per box
Frozen Liver (chicken)-8 oz.box $ 1.,75 each
Fishing Light Rental
Foods Refreshments & Notions '
Sandwiches, Pre-Packaged $ .60 to 1.35
Chips & Popcorn, Pre-Packaged $ .20
Cupcakes, Sweet Rolls, S Pies $ .30
$ ,20
Cookies 6 Crackers $ .30
Pickles $ .30
Ice Cream Bars $ .20
Candy & Gum
Bubble Gum & Matches $ .02
$ .20
Coffee $ ,25
Ice Tea & Hot Chocolate $ .30 & .40
Milk - 9 oz. & 14 oz.
Aspirin $ ,25 & .45
$
Ice (10 lb. bag) .90
Robert E. Browning III, President
Fish-O-Rama, Inc.
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IN UARy
76
CITY OF DENTON
MEMORANDUM
DATE: January 29, 1976
TO: Members of the City Council
FROM: Paul C. Isham, City Attorney
SUBJECT: Staff Report on the Clayton Mathes & Dorothy Holden
vs. Pargas and City of Denton
At the last City Council meeting the Council requested a staff
report concerning the case involving the Fort Worth Drive/Elm/
Eagle intersection and resulting judgment against the City for
approximately $107,000. It is presumed that the Council's pri-
mary interest is why the matter was not turned over to the city's
liability insurance carrier.
First, let me outline the sequence of events that lead up to the
time of trial:
1. August 18, 1972 - Accident occurred.
2. May 11, 1973 - Pargas answered suit and included City
of Denton as a Third Party Defendant. This event was
the first notification that a claiia was being made
against the City.
4. June 6, 1973 - City answered Pargas' action against
it.
51 December 28, 1973 - Plaintiffs' amended their suit
to include Denton as a Defendant.
6, January 7, 1974 - Denton answered Plaintiffs' suit.
7. January 13, 1974 - Plaintiff's attorney wrote letter
to City Manager stating that they were making a claim
against the City.
8. August 13, 1974 - City council hired Earl Coleman to
.handle case.
Members of the City Council
January 290 1976
Page Two
9. September 9-13, 1974 - Case was tried before jury
resulting in Judgment against Pargas and City of
Denton for approximately $107,000 with Court order-
ing City to indemnify Pargas.
10. November 6, 1974 - Notification by Ralph Mann to
Gulf of the claim.
11. November 27, 1974 - Letter from Earl Coleman to
Ralph Mann indicating that he had been furnished
with a copy of the insurance policy and that there
is a possibility that it would cover this situation.
12. December 17, 1974 - Notification of Gulf to City
denying coverage of the claim.
At the time the City was included in the lawsuit, Ralph Mann was
City Attorney and I waz the Assistant City Attorney. We both
worked on the case, and I remember asking Mr. Mann at the beginn-
ing whether there was city insurance that would cover the situation.
He said no because this was an area of governmental immunity. Per-
haps, I was in error in not following up on this and reviewing the
city's policies. Later, John Narsutis was hired as an assistant ,
and he performed work on the case.
s
I have talked to Earl Coleman and he said that the first thing he
inquired about regarding this case after he was hired by the City
Council was whether there was insurance. Mr. Mann told him no.
Perhaps, Mr. Coleman w~As in error in not requesting to see the
city's insurance poli^i.es at that time.
Attached is a copy of an exclusion to our insurance policy that ex-
cludes defects or unsafe conditions in any street, highway or other
equipment. Many people have assumed that if this claim had been
turned over to ':he insurance company, that the company would have
to pay the claim. This is not definite, and there is a question
as to whether there was, in fact, coverage for this occurrence.
This does not, however, excuse the fact that a claim was not timely
submitted to the company.
Members of the City Council
January 29, 1976 /
Page Three
It should be pointed out that one of the first things an attorney
involved in personal injury litigation tries to determine is
whether there was insurance covering the situation. To the best
of my knowledge, the two attorneys for Plaintiffs, and the two
attorneys for Pargas never asked if the City had coverage. In
addition, Riley Fletcher, General Counsel of Texas Municipal
League and Fred Senter, City Attorney of Lubbock were asked if
they knew of any similar incidences as this or whether they had
any advice. Neither of those gentlemen inquired as to whether
there was insurance coverage.
I think that there was an error made when this claim was not
turned over to the insurance company. However, I certainly do
not think it was intentional and probably was not even due to
negligen,:e. I believe it was an error in judgment. The then
City Attorney felt that this claim was not covered by insurance
and that still may be a correct assessment. Prior to the trial
of this case, all the city attorneys that I discussed the case
with were of the opinion that it dealt with an area of govern-
mental immunity and that the city would not be liable. our in-
surance policy exempted liability in cases of governmental lia-
bility. At least six attorneys were directly involved in the
case prior to the judgment and two more sat on the Council; and,
to the best of my knowledge, none of them even inquired about
insurance. Thus, blame, if any, should not be cast upon any one
individual.
Finally, it is now the policy of the City to turn over all claims
to the insurance company whether or not they are covered by in-
surance so that the company can deny coverage if they so'desire.
Therefore, a situation such as the Mathes v. Par as case regard-
ing insurance should not occur again.
Respectfully submitted,
Paul C. Isham
PCI1js
uTOW1rS• CITIES OR OT1rER
AGREED T1WT SUCH ISISURAAICE C4VCRNt•IcNTAL U1rII'S" ,
dILITY - EXCEPT AUTOMOBILE AND CIS ,FORDED UNDER CQVERACE B \
,TO11OBILE IS SUBJECT TO TIL OVCRACE DI PROPERTY DTION , LIAaIrY IrrJURY
E FOLL(7[rINC r
OLI
= ADDITONAL LIMITATIONS; Y EXCEPT
i• ND I1rSUR,V:CE' IS AFFORDED FTITH RESPECT TO TIM EXISTENC° OF ANY
I)EFECT IN, OR FAILURE TO REPAIR 0
ANY SEWrR, STREET, HIC SWAY R P1t1LNTAIN IN SAFE CPARK, ION,
GROUND, CE;;ETERY ~ SIDES'IALK~ ALLEY, BRIDGE PARK i
GROUNDS ~ , IOSPITAL, STORE, SCHOOL P / PLAY
IPUBLIC
AN OPERAT ION SPECIFICALLY IFICA,'ENT R FACILITY N UDLIC EOINNT G,
IN THE DECLARATIONSOFT E POLICY.
• 20 , NO NSURANCE IS .
"O"IINTE1rAIrr,S AAFFORDED WITH RESPECT TO THE !=.ISTENCE, •OPERATIOr;S`.
WATER, ACTIVITIES OF POLICY OR FIRE PERSOYNCEl.OR THETUSEROF EXISTENCE OF
ACTIVITIES FOR TFM PURPOSE OF POLICY OR FIFE PROTECTIO;i, UNLESS
SUCH ACTIVITIES ARE SPECIFICALLY. DESCRIBED IN TILE DECLARATIONS OF
T'UE POLICY.
30 THE WORD "PRE2'rISES" AS USED IN EYCLUSION
(d) (z) OF N WITH SHALL
• NOT BE CDlNSTRUED•TO INCLUDE PUBLIC WAYS USED IN CO6II'!ON KITH OT OTHERS♦ •
AN odw Itmu and cor+ditkm of yNS " is s .
. Pail; nnwtn uncrwnged. '
' • • •a ' ~ • • • •5 ~ . . : Aulfgri=iQ Ripres~ntertr~"r..•..••r~ .
rte. • , , I; •4 , r• . l . • • I. • • • '
Pik
f~no o+. «L i • t, • `~~c i1~~.,:. y.: . • •.T r •i... • . • r....r +r►•w•. ~....w...~y , • • •
Paula
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LO r1 IM my
yl~ERrDlntaLill ATAIA~1 {[1 fRIL ED41t111 IS IASICALL, A 'T' IIAENJECTI11 VITN MD DI inaT ENTRANCE!
gE 1 MACET TO HEART. HS1TItR Ott11NAr OtRERATt/ RNCR TRAFFIC, IvT ART AOVEHERT
t ~f CAUSES PRODLtNi. CARROLL RAS THOU TMOM LANE! IN R.ACH 01NECTION VIT14 LLFT
I I ! MrALL 1W STOMit At NMR1. SOVT010A0. AM INS AWNING COLTER ENTRANCE. NOtR-
DMECTIQPI ARRM DONALD. NORM OF NMI, CARROLL WPM TO A TINT UN[ RURAL ROAD. 1101 IITeR-
LLCTION 11 CON1101ER Sr R ETON $IN ON HEOT.
r ~
AOHEOfIttANItE ~►1f P~~~AIPTnTIdI_
_ OF THE TEN ACCIDENT[ MCIIRRIN AT THIS LOE,tl11. ALL NT TW WERE AS A
DIAICT RESOLE Of Tt R'CLI! ATtLVtIN0 TO IAAERD 0 10178 FMC114 Lot$. TO
I I I 1 WALL PROr101 POR LEFT RGItNDONND 0AN•: ;C10 THL SHOPPING CiJ1ER. INS mull" DOES
Rot Fvur APP1ouN Hu1r.
V T lELOttE1~At1L0LSL
WRING I I i I I. AICOMTRIKT Mt MEDIAN OR CARAOLL ERTEROrM IT TO HENNr AND na•
r NnITIM LIFT TURNS 1910 THE NOTN 4GRN0 C[ROEA ENTRANCE.
' K ' t. PROrr OC A INDIAN CUT ARD LEFT TURN LTONAOE AT THt 3000 EHWRII.O
I I I AFCd16TPltf CENTER tNTUNCt.
~ 1, HAA[ CRAR0.L JW t4ttull NE RIGHO TWN LANE AS INDICATES.
1 A. INSTALL 110P SERE AND DINtC1104AL ARM" nN HEAAT.
v I
I
1
III II
1
11
4
PRWIDf PFDINI
LA'A OPLM1Ir16 TIMIk RLUIHUa, ae
R I O I I CONDITION DIAGRAMS
DENTONJEXAS
FIGURE 190 ~8
5D
i `r ■
~ ~ RELE(AlE
` /AOADMiY
<Alp
%
■
%
\ \ POIEAL1riE
\ \ vA(AYT
ADCta[xI eoNli or
AL'S ALTO SALCS fXSES
surua
KMS prc PArwaT CURE LUE
i 1s aeas:jno W
t r at
CRT
1 r 3[ of
A-07.5 STOP
/
TT~INIETSf~TaPA6f .
CISTALL SIRLIJ
tI7E ntvDlttlDe. 1DSTALl
DALLAS ER Iw SuYtl AS on DA 1M OR tIwV NUNS VAIAA6E ASPVALT CYEAIAT VACANT
or Awls To INC. tuffm Dm or 1H1 CITY rADA 1N1 PAILLIP'S 6C INSTALL
SOOTN. As INDICA70 IT fit CONDITION DIAtAIAR. 1N11 SIQULS J \ .
10 R rCVt•LHD[0 tIITE"ttTIM. VIIN DUNCAA APPROACM- eSTOP
IM Fill" 1+4 MAIN AN 1"111VIVILta SPAIRD! Tell. SIGH
DLCTIIID DALLAS AT SIGN! AN[LtA. TIC ANYSICA A"1 / INSTALL Stop
M TIED IRilluttlOR It tRNtKLT WIOt Wit" COAPACt LINE \
D4IIIIAW IN ?No AE1tA4 OR DALLAS. 19 THE S4RMItT
M TM int[AHCtIOR. DALLAS it OR AN UP-ONADt. AND / VACANT \ \
TM TRAFFIC APIAI IM YAM 109 Lot RIPICTION NI
TIAVILIM AT AS R4E DR AOII APNAN, WILLOW Spot"[ \
Ale Tbttlty SRI cmmtn DT STOP $I N111 At DALLAS.
TNI VOLWIR *A1P4 1M 114IN NIMW1191 NOUN t otal[$
a rNLL VOLIAW OF 6C11 VCNICIAl OR tHt T[ASLIT APPROACN.'
P=fn IMMIFICATH&
ALINESEVA ONLY RINL ACCIDENTS OICYAR[t At TH3
LWAlica. tNt PolefllAt FOR S(VIAAL COtllllD" IS
IRIA! 1teAN11 a tNl IN1lRi[etloM CWLINIIV. CAOSS-
IM EALAS OIWLLV .[01131[1 BID" IN* IN SHE REDIA11
MCA. "teN LL 1tPAt13[D. THIS. Canino NILM IME W 1. Aaout[ DuNCRN to INTtAS[tl NILLOW S.Riw3
[Rapt a% DALLAS. CA"IS Poo SICNI VISlllutV. THIS Al INCHES.
pi DRAIMLI AN C"US A SIVINi Dir. "rLt MCC:O' P. Ili MIOGROMD OPAINVC Imi 11C
INTERS[CTIOII AND LIVIL TM PAVInt Nt.
IIAtINO IN[ INILPSM11o011. DALLAS L[Ft IUPR V[MtCltf E. INSTALL Lilt TURN 1tOMAL[ UnE% MIAILN
14SI ALM OIL1L[ TW "Al" ASIA 10 win ASTIR tMt AIDI" AS INDICATED.
IMN[W[A ACA"s lit OAPoSINO vurriC. TW PPINART A. A1tIU.NILIOM SPQI. S CUPS tin AND CLUI[
PAKAN 1 "OROAt4 AS SACI
PRotl[N II Tod ADDITIONAL APPPDACP Al TUBE INTERSECTION. S. 1001i IM IMSRALIAtIN Of A 14AFFIC- ,PA.nt FIaMAR". IrAC
ACTMEi CONIAr't IY$'[A WITH [IOW INIC a rM+w ITC,. n.N
KIIIII1 JAY IOVEn S.
CONDITION DIAGRAMS
DENTON, TEXAS
FIGURE 19H 59
5E
MEMORANDUM
TO. City Manager and City Council
FROM: Rick Svehia, Traffic Safety Coordinator
-SUBJECT: School Zone Flashers
DATE: January 14, 1976
On November 12 the Citizen's Traffic Safety Support Commission
received a report on the cost of flashing signals for school
zones. At that time the cost for the equipment and installation
of the flashers was approximately $900 per individual flasher.
The staff recommended the following; five locations as priority
installations:
1. Sherman Drive and Kings Row
2. Sherman Drive and Windsor Drive
3. University Drive and Redwood Place
4. McKinney Street and Wood Street
5. Malone Street and University Drive
After more information and discussion, the Commission voted
unanimously to recommend that the Council approve funds to
purchase the flashers end direct the staff to install them at
the locations listed above. Since each of the above locations
requires two flashers to inform the traffic in both directions,
the total cost of the equipment for the five locations is $9000.
Attached are copies of letters of endorsement from the Denton
Independent School District and the PTA's of the individual
schools indicating their support.
RS:dw
Attachment
a 5F
art
,
J
~r W
LAOLL 11ZS~I {
OFFICE SLIT,
DRISCOE'S / ~
TIRE SERVICE
~CLOSC Eli,
INSTALL GUIDE
7 EAGLE
ACq 001 RIM S?>Q ~ TAT OF
YDpWT
NP7A
, 7-75-7~aa +0+6 ONE ! aa5 7H 20
+a+ 7N -w SIJNL IIf1DER,';1UI1011- 6 510A SIiI
01 m
a-al N ,nn Iv=
S
COIRIOUE FAVE1'ENT
jj~. +ri7 DB 001MVE MARKING CO[IFIGURATIDNS
MIT / / 7AATS
o1
IT
u ,aD. ,'ho oa ECrAN
FFS10ElRCE
• ti•
SITEIPTIMI-
L Ft. WIN AND ELM INTERSECT (AGL[ 135 FEET APART. AND INTERIECTIONS AN[ LONIM-0 BY A
PAE.TINE9 CONTROLLER AND SPAN WIRE-NOVITED SICMLI. Ev is ONE-WV lOUrmuos. AND Fr. NORTH
1 11 OAE'NAY 1WHOOJND. WITH THE SOAIN APPROACH ltd:NNlw nq-WT OPERATION. ELM CONTINUES
SOUTH OF EMLS AS A r4-WS OFIRAIION AND I[ CONTROLLED BY A STOP SIM. WHICH 1S AT YAAIANCI
WITH THE DIM. THE PNEDOHIN[M HOVEHENT ON EUN ZS LEFT ON To EMUS.
d Ih
1111011 FA I_ AiXf IFISET]'
27 33 TWELVE ACCIDENTS OCCURRED CURING THE STUDY PaIOD WITH /lca Acc IDENtE acamim At EAGLE
L 2•
Y Z~ EAGLE AND FE. 1fDRTH. FIVE or ,Htft Aee IDENTI WERE REAR-END. w,ICH CAN rosT LIKELY E[ ATTRIBUTED TD
I 21~ POOR I1GRAL VISIBILITY. THE PAIMAY PRO&JA At THIS LOCAIICN :1 CONCERNED WITH PROPER IIGMLf•
91
MITI. TM wttsp lloN/ ANI TOO MA AFAAt M FUNCTION EFFICIENTLY AG ONE. AND 100 SLC11 TO
y t FUNCTION IFFICURT0 IIIAAAIFL1. IA CRDIA 10 FlWtRLV SIGNALIZE 1N1 LOCATION 17 WC,ILD M
1 NICISMRY TO PYRr.,f II;Ht MST NAME. AND IHI EAGLE AFPROACKI NOMA NIUSSITATI OPTICALLY
~-=Y ~ ~ IA0GII4NED ••IGRAIS.
LELR[L1<DAillh3:
k• 1. REOWGN 1+9 LOCATION BY CLOSING to AS I.gWA.
D. PROVIDE DUAL Lai MINI ON M[ Sam APFAaACN OF Fr. NORIN.
3. FICHRNItt 1.E 1110FIC SIGNALS INCLUCINO A fWL-ACTUATED CONIPOIEIR.
CTA11 A011ERI EwVSI N1NDE N. INSTAL IICP LINES AND GUIDE MANINDI AT IN".
TEFEI F.T. E DIAL 1IPAAJIILI TO 3 DIAL
R 10 TPCEF1000N3l S. RE`IWA EAGLE WIIN SUTTON$ AS INDICATES.
1NYF AI Fr. Boom
MASS III Ew l
FWISE EI to
CYCLE UNGINI p /E[ONDS Herne e1o~*uu, II.e
DIAL SETIING/FEACENT, D,AL 1 0-N•36•a0.61•GS•13.77.19-Dt rNn s
INTLNCaP[CTION: NIAE .dN.w nl.l l,..
L MODC11121 ONTROL ,IOPERATION AS INDNN TO FULL'
M CONDITION DIAGRAMS
hmtlS CONTROL Di DENTON, TEXAS
FIGURE 19F 57
E7 / i
s
a
l' U1IFE TITLE INSURANCE Company of Dallas
PURCHASER'S STATEMENT
DATE: January 7th, 1976 16055
GF NO.:
SALE FROM.Phristine V.Offenbacker T0; _ City of Denton Texas
PROPERTY 62 x 80 ft. of Wm.Loving ourvev Abst 623 in City bf fDenton,Texas.
PURCHASE PRICE r
PLUS: CHARGES
Filing fees to County Clerk: WD 3.50 PEL OT
TST_ AgmL Aff S 3.50
Loan charges and fees due to
S
Loan transfer fee or assumption fee S
Fees to U3Life Title Company
TWO Policy. Owner 135.00 Mortgageg 50 Binder
-Escrow 1L • Restrictions 147-50
S
Tax Certificates7 Stale and County r City and School 9.00
City and School
Other
$
- S
Survey fee to S
Attorney's fees for preparation of papers to $
S
Flood insurance premium to $
Hazard insurance premium to $
Tex and insurance escrowed with $
mos. tax deposit@ per mo.
mos. hazard Insurance@ per mo.
mos. flood insurance@ per mo.
mos. mortgage insurance @ per :no.
S
Interest from to S
e
Proration of hazard insurance from to $
Proration of flood insurance from to $
Maintenance charge proration from to $
Tax proration from to $
S
Escrowed accounts with lender purchased from Seller $
S
TOTAL CHARGES 6154.50.--
GROSS AMOUNT DUE BY PURCHASER s9 t 195.50
LESS: CREDITS
Down payment or earnest moneypafd to S
Loan from
6
Note assumed S
Interest proration from to . S
Tax proration from to _ - 6
S
Rent proration from 1J S
Other Credit S
S
S
TOTAL CREDITS 6 0
BALANCE DUE BYlOPURCHASER S 9, 195 • 50
Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from
the best information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender
involved may be furnished a copy of this Statement.
Purchaser understands that tax and Insurance prorations and reserves were based on figures for the preceding year or
supplied by others or estimates for current year, and in the event of any change for current year, all necessary adjustments
must be made between Purchaser and Seller dire I.
The undersignedhereb4 authorizes USLife Title Co.Of Denton to make expenditures and
disbursements as shown exrve and approves same for payment. The undersigned also ecknowlodges receipt of Loan Funds,
if applicable, in the amour, shown above and a receipt of a copy of this Statement.
CLbSfNG OR FSCR W AGENT A5DR23S
' J
229 West Hickory 6'
r Box 518,
Denton Texas 76201
817 387 8148
kP11FE TITLE Company of Denton
January 16, 1976
City of Denton
%W. W. Talioferro
Municipal Building
Denton, Texas 76201
Re: Sale from Christine V. Offenbacker to City of Denton, Texas,
62x80 feet of William Loving Survey, Abst. #759, Our GF-16055
Gentlemen:
In connection with the above sale, we are enclosing your owner's
Title Policy No. 0 1 060588.
If we may be of further assistance to you, do not hesitate to call
on u3.
Very truly yours,
USLIFE Title Company of Denton
By. gm"
Ottis Akers
OA/co
enol.
Y
11E1IFE TITLE INSURANCE COMPANYof Dallas
Owner Policy
of Title
Insurance
USLIFE TITLE INSURANCE COMPANY of Dallas, DALLAS, TEXAS, a Texas Corporation,
HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein
named Insured, the hclrs, devisees, executors and administrators of the Insured, or if a cor-
poration, its successors by dissolution, merger or consolidation, that as of the date hereof,
the Insured has good and indefeasible title to the estate or interest in the land described or
referred to in this policy.
The Company shall not be liable in a greater amount than the actual monetary loss of the
Insured, and in no event shall the Company be liable for more than the amount shown in
Schedule A hereof, and shall, except as hereinafter stated, at its own cost defend the Insured
in every action or proceeding on any claim against, or ripht to the estate or interest in the land,
or any part thereof, adverse to the title to the estate or interest in the land as hereby
guaranteed, but the Company shall not be required to defend against any claims based upon
matters in any manner excepted under this policy by the exceptions in Schedule B hereof or
excluded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Conditions and
Stipulations hereof. The party or parties entitled to such defense shall within a reasonable
time after the commencement of such action or proceeding, and in ample time for defense
therein, give the Company written notice of the perdency of the action or proceeding, and
authority to defend. The Company shall not be liable until such adverse interest, claim, or
right shall have been held valid by a court of last resort to which either litigant may apply, and
if such adverse interest, claim, or right so established shall be for less than the whole of the
estate or interest in the land, then the liability of the Company shall be only such part of the
whole liability limited above as shall bear the same ratio to the whole liability that the adverse
interest, claim, or right established may bear to the whole estate or interest in the land, such
ratio to be based on respective values determinable as of the dale of this policy. In the absence
of notice as aforesaid, the Company is relieved from all liability with respect to any such inter-
est, claim or right; provided, however, that failure to notify shall not prejudice the rights of
the Insured if such Insured shall not be a party to such action or proceeding, nor be served
with process therein, nor have any knowledge thereof, nor in any case, unless the Company
shall be actually prejudiced by such failure.
Upon sale of the estate or interest in the land, this policy automatically thereupon shall become
a warrantor's policy and the insured, the heirs, devisees, executors and administrators of the
Insured, or if a corporation,,its successors by dissolution, merger or consolidation, shall for a
period of twenty-five years from date hereof remain fully protected according to the terms
hereof, by reason of the payment of any lo_% he, they or it may sustain on account of any
~JR~NCE Cp4A warranty of title contained in the transfer or conveyance executed by the Insured conveying
r;• ,2 the estata or interest in the land. The Company shall be liable under said warranty only by
:rfSE AL i reason of defects, liens or encumbrances existing prior to or at the date hereof and not
o excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability
r s: not to exceed the amount of this policy.
E x g1`
IN WI (NESS HEREOF, the USLIFE TITLE INSURANCE COMPANY of Dallas has caused this
policy to be executed by its President under the seal of the Company, but this policy is to be
valid only when it bears an authorized countersignature, as of the date set forth in Schedule A.
Pren'drnl ~ ey/ D
AffeF). Senior VocePres,dent SccreLrymd rreesure,
Awhorired eq~~§
FORM (T) 1 SO M 0 )JN
FormarlyDALIAS TITLE AND GUARANTY COMPANY
Conditions and Stipulations
1. Definitions
The following terms when used in this policy mean:
(a) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law
constitute real property.
(b) "public records": Those records which impart constructive notice of matters relating to the land.
(c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of
any public records.
(d) "date": The effective date, including hour if specified.
2. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the following:
(a) The refusal of any person to purchase, lease or lend money on the !and.
(b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec-
ords at the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to,
building and zoning ordinances.
(c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governments or other entities
to tidelands, or lands comprising the shores or beds of navigable or perenniat rivers and streams, takes, bays, gulfs or oceans,
or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or
bulkhead lines as established or changed by any government, or to filled-in lands, or ar,ificiat islands, or to riparian rights, or the
rights or interests of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of
vegetation, or their right of access thereto, or right of easement along and across the same.
(d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, aaau.ned or
agreed to by the Insured at the date of this policy, or (2) known to the Insured at the date of this policy unless disclosure thereof
in writing by the Insured shall have been made to the Company prior to the date of this policy; or loss or damage which would
not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property
or' survivorship rights, if any, of any spouse of any Insured.
3. Defense of Actions
(a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company
the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name
of the Insured for such purpose. Wherever requested by the Company, the Insured shall give the Company all reasonable aid in
any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or
proceeding.
(b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or pro-
ceeding, and such counsel shall have full control of said defense.
(c) Any action taken by the Company for the defense of the Insured or to establish the title as insured, or both, shall not be con-
strued as an admission of liability,'Ind the Company shall not thereby be held to concede liability or waive any provision of this
policy.
4. Payment of Loss
(a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any claim
or suK without written consent of the Company.
(b) All payments under this policy, except payments made for costs, attorney fees and expenses, shalt reduce the amount of the
insurance pro tanto; and the amount of this policy shall be reduced by any amount the Company may pay under any policy
insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a
charge or lien on the land, and the amount so paid shall be deemed a payment to the Insured under this policy.
(c) The Company shall have the option to pay or settle or compromi;,a for or in the name of the Insured any claim insured against
by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the Company
is obligated hereunder to pay, shall terminate all liability of the Company hereurder as to such claim. Further, the payment or
tender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this policy.
(d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shalt vest in the
Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies of the
Insured against any person or property in respect to such claim. The Insured, if requested by the Company, shall transfer to the
Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and
thall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies.
g, Policy Entire Contract
Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of
the title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and
any statement in writing required to be furnished the Company, shall be addressed to it at Dallas, Dallas County, Texas.
g. This policy is not transferable,
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SCHEDUIE A
Cif No. or I"de No.: OF-16055 co Owner Policy .Jo.: 0 1 060588
Amount,$91036.00 Date of Policy: January 15, 1976 ~j8
Name of Insured:
CITY OF DENTON, TEXAS
1. The estate or interest in the land insured by this policy is: Fee Simple
(fee simple, leasehold, easement, etc - identify or describe,
2. The land referred to in this policy is driuribed as follows:
All that certain lot, traot or parcel of land lying and being situated
in the County of Denton, State of Texas, and being a partial taking of
of 4,960 square feet of land, more or less, being part of the William
Loving 160 acre Survey, Abstract No. 759, and being the central one-third
of a certain lot convey4d by S. A. Reid and wife, to R. A, Sledge by
deed dated November 26, 1920, recorded in Volume 188, Page 465, Deed
Records of Denton County, Texas.
BEGINNING at a point in the West line of said Sledge lot in Center
Street 62 feet South of the Northwest corner of said lot;
THENCE East crossing the East line of Center Street in all 80 feet
to a point for a corner;
THENCE South 62 feet;
THENCE West 80 feet corner in West line of said Sledge lot;
THENCE North 62 feet to the beginning;
BEING a part of the land described in deed dated May 23, 1947, executed
b7 J. W. Mobley and wifa, Tff4e Mobley to Christine V. Offenbacker, as
her separrtte propert), of ruoord in Volume 335, Page 531, Deed Records
of Denton, County, Texas.
Donlan USLIFE TITLE INSUAANCE Company of Dallas
1301 Mein street
Dallas. Texas 78202
,.r. 3 boom A „L H,tl
SCfIEDULE B
Owner Policy No,,. 0 1 060588
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in-
sured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this
policy:
1. Restrictive covenants affecting the land described or referred to above.
2, Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im-
provements.
3. Taxes for the year 1976 and subsequent years, not yet due and payable.
4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s):
5. Any portion of the captioned property falling within the boundaries of
any road, street or highway.
b. Visible and apparent easements on or aoross the property.
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F STA'r1: 0V TEXAS
,i COl1NTY OF uI;NTON BY THIS AGREEMENT AND CONTRACT,
pa,~cs Bob E. Tripp Trust, Bob E. Tripp, Trustee hen,leafter caltrd Seller,
hereby sells and agrees to convey unto City of Denton, Texas , hereinafter
' called Purchaser, the following described property:
That certain tract of land presently known as Evers Park,
said tract being more particularly descrAbed in that certain'
least' agreement dated January 8, 1965 between the Bob E.
Properties Tripp Trust and the City of Denton.
The purchase price is t 30,000.00 , payable as follows:
Terms Upon consumation of sale to be closed on January 1970.
X4XX4A'k"XeAMMMXXXXXtAk4Efi"t9ldh~~yX C'J XI 1`'XrX'$}~F X'kR .°R Y'X9PR9l` Jfr'K'~'
M t'S~'sl4I CXsY YrX~€Ka~bt'axebXatWaixosKaa'mcXxa~dFfi,MX
Seller agrees to furnish XKXXDHF X00XKX?Qp(dl•${~7QX¢jQj XTITL.6 POLICY to said properly,
which shall be conveyed free and clear of any and all encumbrances except those named herein.
In accordance with the tercrs of the Real Estate Lfeense Act of the State of Texas, you, as pur•
chaser, are advised that you should have the abstract covering the roal estate which is the aubfect of this
contract examined by an attorney of- your own selection, or' that you should be furnished with or obtain
it policy of title insurance.
If abstract to [u••dehed, Purchaser a reel within ten days from the reee'pt of said a istract
Title etthee to accept the title as shown by said abstract or to return it to the undersigned Agent with the t
wrJtten ob~ectlona ~a the title. If rile abstract is not returned to the Agent with the Written objections
noted within eho lime specified, it shall ba construed na an ceecptance of ea?d lirlexIxI.Wxyot~ l XWx
• zDcbcal,~marrb~»cctx•r.•xvaxmn+:m.ask.ditaeakxdsLba4ooxdc~xstkwtt>4alxfi~{aoc~xtisorlx~a7tDrxxsc4itMtx
add obj cdc neland ntiowigood and mar~CCt b ettltle eInetho cven0 0! fai urelta furnish good and tlrne to curt:
• title, the purchase money hereby reeeipted [or la to be returned to 1'urehascr upon the cancellation and
return of this eonlru tI~ tgPur~nhaser~^ay enforce apcciAc pcr.•;rrmance of same.
IN IN CA t ie t,rtle objections have been cured, to deliver it good and sufl(cient t,r.-neral
Warranty ed properly conveying acid property to said Purchaser, mad Purchaser agrees, when said
CIO&fo, deed is presented, to pry the balance of the cash pryment. ca x>dlex~xtxxX~cxtnt 11xr7~~R9 Rrht
GL1MIK M.'WitIMAhnuld thn Purrhnser fail to eunsu:amale tills contract as speeilled or Any reason,
except title dcfccts, Seller shall havo the right to retain Bald cash lepoy4tt as liquidated damages for the
brcacb of this contract,
-,,~A7CC8 enforce •occtfie perfarmnncr of this contract. or seller may
Taxes for the current year, the current rents, insw ante, and Interest, (1: acy), an to be prarated
to to c! closing.
8cltcfxocarotet ~t~c ~vaac xka ~tos6ca 6axodx e~to~o.~ >ewm6t~dotvad~lx
special See attachee Exhibit A which is made a pact hereof for any
ditlt119 and all purposev, :
fittoetrtcd in trlpliCAW tble day of November Slog
r•;
OiTY OF DENTON TEXAS TRUST
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EXHIBIT A
A. A water line shall be extended through the park from
'east to west to provide water service to possible
future developments west of the park, and when sewer
service is extended to include the restrooms in this
park, this,service shall be further extended to the
west b,)undary line of the park, with the cost of both
water and sewer extensions being born by the City of
Denton.
B. Easements for other necessary utilities will be grant-
ed across the park as necessary for future development,
wh4oh locations are to be mutually agreed upon the
parties hereto.
.C. A hard surface road shall be provided across the north
end of the park (600 feet) on land to be dedicated by
Bob„E. Tripp Trust, with all pal-1ng costs to be paid
by the City of Denton. In exchange for 60 feet of
right'of way, the City will also bear the cost of all
permanent paving and olirb and gutter on this road if
and when the adjacent land is subdivided by present
owner.
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i K-176 ET
THE STATE OF TEXAS DEED RECORDS ~
' ILNON ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
j THAT BOB E. TRIPP, , TRUSTEE 'I
'I
1114
of Denton County, Texas , in consideration of the sum of !
i
! One Dollar ($1.00)
and other good and valuable consideration i,
I~
in hand paid bythe City of Denton, Texas receipt of which is hereby acknowledged, do by !
these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free i
i
and uninterrupted use, liberty and privilege of the passage In, along, upon and across the following { E
described property,
ii
j owned by him Situated in Denton ,fit' ;;tyouht~ &xas, in the
s
! B.B.B. & C. R. R. Survey, Abstract f1~ lg ~i
All that certain lot, tract or parcel of land 11n ing situated
in the City and County of Denton, State of c'exas;#an g part of the
B.B.B. & C.R.R. Survey, Abstract, {Ao•-.,~i86, and altio being part of a tract
of land designated "Fourth Tract 4; as.,GpA'G" from Lula Evers Trir.p and
husband to Bob E. Tripp, Tz~us`t~C~.~i~1'dertc~AAio~~}1u¢ust 153 196)4,
and recorded in Volume 512, Page 3864of 5Ne%ii)i 41sdZx-ds of Denton County,i
Texas, and more particularly descri d as~y ale lq_m ti+i
kit;
COMMENCING at a point in the center of F.MSt+2`164;saicl ooint. being
the northeast corner of the said Tripp Tract and b6ikrg 45 feet ea_; of
the west right of 4ray line or F.M. Road 2164; '
THENCE nortn 89° west alo:sg north line of said Tripp Tract and north line
of B.B.B. & C.R.R. Survey, Abstract No. 186 and south line of T. Toby
Survey, Abstract No. 1288, a distance of 305.5 feet to the point of be-
ginning;
THENCE south 11 west a distance of 84 feet to a point for a corner;
THENCE north 89° west, 84 feet south of and parallel to the north boun-
dary line of said tract, a distance of 5 feet to a point for a corner;
THENCE north 10 east a distance of 84 feet to the north line of said
Tripp Tract to a point for a corner;
THENCE south 89° east along the north boundary line of said Tripp Tract
a distance of 5 feet to the place of beginning and containing 420 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 `s<
buildings and other obstructions as may now be found upon said property, '
For the purpose of constructing, installing, repairing and perpetually main-
e.aining,,guy 'wires and anchors in, along, upon and
across sold premises, with the right and privilege at all times of the grantee herein, his or its ngents,
employees, -workmen and representatives having Ingress, egress, and regress In, along upon and across
said premis4 for the purpose of making additions to, improvements on and repalre to the Bald
gtly 4ires' and anchors, or.
any part thereof. t•;
TO HAVE AND TO HOLD unto the erid City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above descr d, r~/
Witness his 'kind , thin the Jd Y day ofA. D. 197
Vol 771 PI A 703
11
SL;GLE ACKNOWLEDGMENT VOL 771 FAU'104
THE STATE OF TEXAS, BEFORE ME, thr• undersigned authority,
COUNTY OF_..DENTON__.
in and for said County, Texas, on this day personally appeared...--BOB- E.,,- TRIPP-s__ T
Jcnd'tigto~11l:,e to be the person whose name iS subs,~ribcd to the foregoing instrument, and acknowledged to me
1..lh4 Zicecuted the same for the purposes and consideration therci:i expressed.
O GIN"kNA;.\~VER MY HAND AND SEAL OF OFFICE':, This 19
Notary Fuhliq County, Texas
`r ` Aly Commission Expires June 1, 11) 77
Jy
R - JOINT ACKNOWLEDGMENT
b RIMY', OF TEXAS, BEFORE ME, the undersigned authority,
'Coi7.nx' OF - _ . _ - - I
in and for said County, Texas, on this day personally appeared
-
and -
his wife, both known toiae o be the persons whose names are subscribed to the foregoing instrument, and acknowledged
to me that they each executed the same for the purposes and consideration therein expressed, and the said
. wife of the said - . having been
examined by me privily and apart from h^r husband, and having the same sully explained to her, the, the said
acknowledged such Instrument to be her act amt deed
and she declared that she had willingly signed the same for the purposes and consideration therein exprcAscd, and that
she did not wish to retract it.
GIVEN UNDER 31Y HAND AND SEAL OF OFFICE, This day of.___-__..___...__.-., A.D. 19.....
Notary Public, Texas
My Commission Expires June 1, 19-..-._
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF
in and for said County, Texas, on this de y personali; appeared-
wife of
known to me to be the person whose name Is subscribed to the foregoing Instrument, and havin` 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
I declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did
not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,Thls ...........................day of A.D. 19
(L.S.)
! Notary Pub?!e ...........................................................County, Texas
My Commission Expires June 1, 19............
CLERK'S CERTIFICATE •
THE STATE OF TEXAS, I , County
COUNTY OF M
Clerk of the Cour.y Court of said County, do herlAze 1+Ib t o1'writing dated on the
.....................day of , then%ication, was filed for
record In my olfice on the................ 6 of 4 yMr. ~ ~ IMW.9 a ~ o'cloci~ _ M., and duly
40
recorded this day of.......... _ ltlMat~ftysMA at... o'clock M., In the
_ , s of said ojj, 4%ume..... , oil pages......................
WITNESS MY HAND AND SEAL OP THE COUNTY COURTI~ alVou y,
_ the dap at 1 r
t~
y Clerk ,0610.0 County, Texas.
(L S.I 1111W. , Deputy.
t~~ ~ ai t ci .•~l~ R1 ~EZ~I~Ui ',~fY!! l L~ ~ •~1,
bpi.
c
CERTIFICATE FOR
ORDINANCE DIRECTING THE ISSUANCE OF ITOTICE OF SALE OF BONDS
ThE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
We, the undersigned officers of said City, hereby certify
as follows:
1. The City Council of said City convened in
REGULAR MEETING ON THE 3RD DAY OF FEBRUARY, 1976,
at the Municipal Building (City Hall), and the roll was c lied of
the duly constituted officers and members of said Ci o~ncil,
to-wit: QW1
Brooks Holt, City Secretary Tom D. Jeste Ma or
Terrell King Elinor Hughes
Ray Stephens Joe Mitchell
and all of said persons were present, except the following
absentees: Ke"N
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said Meetinq: a written
ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS
was duly introduced for the consideration of said City Council
and read in full. It was then duly moved and seconded that said
Ordinance be passpO..j and, after due discussion, said motion,
carrying with it the passage of satd Ordinance, prevailed and
carried by the following vote:
AYES: All members of said City Council f
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 ti.e above and fore-
going paragraph is attached to and follows this Certificate;
that said-Ordinance has been duly recorded in said City Council's
minutes of said Meeting; that the above and foregoing paragraph
is a true, full, and correct excerpt from said City Council's
minutes of said Meeting pertaining to the passage of said Ordi-
nance; that the persons named in the above and,foregoing paragraph
are the duly chosen, qualified, and acting officers and members of
said City Council as indicated therein; that each of the officers
and members of said City Council was duly and sufficiently noti-
fied officially and personally, in advance, of the time, place,
and purpose of the aforesaid Meeting, and that said Ordinance
would be introduced and considered for passag& 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 reqt;ired 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
theAr signing of this Certificate shall constitute +.he signing of
the attached and folla'aing copy of said Ordinance f)r all pur-
poses.
SX5GOEI~ AND SE LED a 3rd day of Febru ry, 1
OPP.
eCreta O
OWL)
We, the undersigned, being respectively the City Attorney
and the Bond Attorneys of the City of Denton, Texas, hereby cer-
tify that we prepared and approved as to legality the attached
and following Ordinance prior is passage as aforesaid.
City Atto ey -
Witt C/ 'L-
Bon Attorne s
2. That said Notice shall be published once in The Bond
Buyer, New York, New York, which is a national publication
regularly and primarily carrying financial news and municipal
bond sale notices; and said Notice also shall be published once
in the "Denton Record-Chronicle", which has been designated as
the official newspaper of the City of Denton. Said publica-
tions shall be made at least thirty days prior to the day set
for receiving bids.
y,
ORDINANCE NO. 76-
ORDINANCE DIRECTING THE ISSUANCE OF
NOTICE OF SALE OF BONDS
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
1. That the City Secretary is directed to issue a Notice
of Sale of Bonds in substantially the following form:
"OFFICIAL NOTICE OF SALE
CITY OF DENTON, TEXAS
$ 1"
; tfii
L.C
GENERAL OBLIGATION STREET IMPROVEMENT BONDS,
SERIES 1976
4 1. OCR 0 0 0
GENERAL OBLIGATION PARK IMPROVEMENT BONDS,
SERIES 1976
The City Council of the City of Denton, Denton. County,
Texas, will receive sealed bids at the Municipal Build-
ing in the City of Denton until:
11:W t.m., on the 6 day of ►r . 1976,
for the purchase of:
$ on CEO General obligation Street Improvement Bonds,
to_te dat,od s , 1976, an to mature serially on
o each year 19'x$ through 197,&.
$1~nc~O General Obl ation Park Im rovement Bonds,
t be date j , 1976, and to mature ser alb on
ti f each year 1919 through 19%.
Sealed bids, plainly markad "Bid for Bonds", should be
addressed to "Honorable Mayor and City Council, City of
Denton, Texas", and must be submitted on the "Official
Bid Form" to be made available by the City Council prior
to the date of sale. .
All sealed bids will be publicly opened and tabulated
before the council.
Copies of the "Official Statement" and "Official Bid
Form" are being prepared and will be mailed to prospec-
tive bidders on or about March 15, 1976, and will be
furnished to any prospective biddar upon request, by
First Southwest Company, Mercantile Bank Building, Dallas,
Texas, 75201, Financial Advisors to the City.
The City reserves the right to rejeot any and all bids
and to waive any and all irregularities.
By order of the City Council of the City of Denton, Texas.
BROOKS HOLT
City Secretary
City of Denton, Texas".
special elections, which shall be held as nearly
as practicable according to the provisions for
a regular election. The hours and places for
holding all city elections shall Le determined
by the City Council.
(b) Three councilpersons shall be elected on
the first Saturday in April, 1977. At this
election the candidate who receives the majority
of the votes cast for each place shall be declared
elected to that place. The places to be filled
shall be Places One, Two and Three. The two carry
over members shall fill Places Four and Five and
shall serve the balance of their term until their
successors are elected and qualified. 'Thereafter,
three counci.lpersons shall be elected in each odd-
numbered year for Places One, Two and Three and
two councilpersons shall be elected in each even-
numbered year to Places Four and Five.
SECTION 3.04 - CANVASS: ELECTION RETURNS, RESULTS
(a) Immediately after counting the votes the
presiding judge shall deliver the official re-
turns of the election to the City Secretary. On
the next Tuesday following the election, the City
Council shall canvass the returns and declare the
results. The returns of every municipal election
shall be recorded in the Minutes of the Council.
(b) The candidates receiving the majority of the
votes cast for each place shall be declared
elected. If no candidate receives a majority, or
if there is a tie, for any one place, the council
shall order a second election to be held on the
fourteenth day after the first election to fill
that place. Only the names of the candidates who
tie for the highest number of votes cast for that
place, or the two candidates who recevve the high-
est number of votes with neither having a majority
of votes cast for that place, shall be printed
on the ballot for each such alection. In the
event of a tie vote at the second election, the
candidates who tie shall cast lots in the presence
of the City Secretary to determine which one shall
be declared elected, and said lots shall be cast
within five days of the second election.
AMENDMENT NO. TWO
[ FOR SECTION 2.04 - VACANCIES IN COUNCIL
( AGAINST Where a vacancy in any place on the :ouncil shall
occur, Vie vacant place shall be filled by a
special election, and, where necessary, by a run-
off election, in the same manner as provided in
this charter for the regular election of the
couneilperson. Such special election shall be
held on a Saturday within sixty days following
the creation of the vacancy, and the run-off
election, where necessary, sh-ill be held on the
fourteenth day after the preceuing election] pro-
vided, however, that where a vacancy shall occur
within one hundred and twenty days of a regular
election, no special election to fill the vacancy
shall he called, unless more than one vacancy
occurr,.
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KPOW ALN MI&I i)Y 'fill: I;
C'01314'1' fA' DI:AT011 X
TIIAT b'11L121L:S, Simmons
ir tllc <lcvclo;.cr of. ccrVaill 11C01"c:rt.y ou :Le ottacllnd plat,
which blot i.s ilu:urporatod hcacin a:. if sct forth ill fill]., in
the Cu,j Icy uS' l)(altc;n, Tc,xos, aii(l mo1'C Dill"t: .7Cl11:11:'.y dtILCl:ll)cCZ as
f.ollow)" t:o-1Jit.: Beinq..10.4_feet _west on the _pro2erty owned by _
J. 0. Duncan, and 208 feet west or. the property owned by Ernest
Hopkins and 156 feet west on the property owned by Jerry Simmons
on U. S. 380 (University Drive).
ATil"RUPS, in order to r,e.r.ve the aforestlid property t•'itil
sanitary sewer services or water services the said developer is
required to pay the cost of ,____0 feet of sanitary
sewer main extension or 468 feet: of water main
extension totaling 468 feet _ and desires to extend
such sewer main or water main to his property under the provisions
of Section 25-74 through Section 25-79 of the: Code of Ordinances
.of the City of Denton, Texas, ac passed and approved the 8th
day of June A.. D. 71 ; and ,C~T
GeRAj 0 N o
WHEREAS, the said developer dezry Simmons
desires to receive reimbursement for such costs under the pro-
visions of said Sections 25-75 through 25-79 of the Coda of Ord-
inances; of the City of Dc)lton, Texas; now therefore
MIS AGREEMENT, made this the jfijh_,day of January
19 76, by and betweon _ .fir. ~iMQns_T!
of the County. of Dorton, State of Texas, hereinafter called
Davelopo , and tho City of Denton, Texas, a Municipal Corpora-
tion of they County of Denton, State of Texan, horeinnftclr called
'Phil: for and .in voii::3,6! ration of ill o colvA-vnc tin of a sanitary
,r4:cu :Iron or wzItur ?1::in for ill'! l,nnofit of l~wr.loJ,• r, by y ' CiL; c.r al'
City's direction, llov lopes. acrrees to pay City 1110 sum of- $31744.00
to Ixa ;ccurcd or escl:o,:ut in ildvance ui COM11011ccanonL of cunsLruction
of c;uch m a311, p,~yiihlc to City uJic?n cumpl.ctic;n the~:r.of:, and in further
COns:idcration of tits truiw;fer to the City of .111 of Developers right,
t1Llu and ijit .'1'uf;t. Lll Lllc of.ol'euiiid with uxLviiu;ionj and all appur Lon-•
ancea. thereto, and all ea:;emonts and right of way agreements secured
by or for Devc!lupcr ror the purpose of locating said main extensions,
City shall accept said main upon final approval thereof, after'i.nsper,-
tion, and agrees to provide sanitary sewer service or water service
to Developers' above described premises for such monthly service
charges as are, or may be, established for other customers of like
classification by the City.
TI.
That the C,.ty further agrees to reimburse Developer up to his
costs,-of the cone%t-ruction of such main extension, i.e. $3,244:00 ,
under the provisions of Sections 25-75 anO 25-76 of the Code of
Ordinances of the Cjty of Denton, Texas, as amended on the 8th
day of june , 19,_U_, with the following limitations:
(a) After the expiration of ten (10) years from the data
of the sewer main extension or water main extension,
no further reimbursement shall be made to the Developer.
(b) The reimbursement shall not apply to main extensions
constructed by the City of Denton, or under its direc•-
tibn, from ariy main constructed under the terms of this
Agreement.
(c) Ro.inlburnement payments 3ha1.1 be made to the Developer
or to his assign if written, and to no other person.
(d) Tho roi.mbursernents aforesaid shill be payable only
from fnnOv rrceivect 1,, the C!ty hursnPO: to raid Cncte
. uL Ur.cl.iuu~.•1
. I
• r (o) Thorn --ih,111 bo it maximum of ten (.1t1) yo;trn a❑ the poriud
I 0° (II:1Jiliil11y %d1i'1(:,if; Ilia 01ii.I11r01 in:;L.AIV1' (7l. Hic
uu; in:; luny r(41uCI;1 re.11u AIY xmcnt of 1)1-o rota poymontt1
Ill nlul' tIIiA(1T'u('inanL. The lmriod of c.l_igibil.iLy r;hall
)7(,"Ii11 .l^ n1 1.IIn 0n1 0. of fini7l innl r,nn 1) (1 :;c- roIIthnC(I
uf. U;u exlum,iuu~; by thu City.
{f.) All f ('u:; tn;cl t; l,Wncl c11a7 ({c . .i nutlrrrd 1111(1o the prn-
vision:, of Sc:ct.io n 2`,i•-76 :;Mill. be 1),;icl directly to City,
a11d City :;lulll trilm"f.cr same to Developer within thirty
(30) days of recc.il~t.
TII.
791st for an ?.n con^iclcrat inn of ttlc ag cclncults to be per--
f.urnltd Ly the City, aiurU-Sili.d, Dovulopor hereby transfers to
the City.al.l of hi_s right, title and interest in and to the main
extensions described above, and any and all easements and right
of way agreciw3nts secured by him for the purpose of lccating said
mai.ll extensions.
WITNESS the hands of the parties hereto on the day and year
first above written.
DEVELOPER
$Y(i<-~~1e st-t- 7cT-~-.
JERRY SIHMONS
ATTEST s
CITY OF DWPON, TEXAS
BY s.
F% pig 51
MMAYOR
ATTEST:
CI9T S - ft)-, -ARY
CITY OF D1'NTON, TtkA5
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CITY ATIA)t2NP.Y ,
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MEMORANDUM
TO: City Council Members
FROM: King Cole, Assistant to the City Manager
SUBJECT: Proposed Research and Economic Development Board's
,Budget
DATE: January 28, 1976
As you know, the R.E.D. Board has been working for the past several
months on an advertising program that will hopefully attract
industry to Denton. The R.E'.D. Board at their January 2, 1976,
meeting approved a budget and program submitted by the advertising
agency of Norsworthy, Mercer, & Kerss, Inc. A copy of this budget
along with a letter explaining the program is attached to this
memo,
The total budget proposes the expenditure of $40,000. This figure
includes 410,000 from the 1974-75 budget and $30,000 from the 1975-76
budget.
This proposed budget and program was submitted to the Utility Board
at their regular meeting of Tuesday, January 27th, On a unanimous
vote, the Utility Board recommended to the City Council that the
program and budget be adopted.
L 1 ,
KC/.kf
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DENTON, TEXAS
Research and Economic Development Board
Proposed Communications Budget
December 19, 1975
1. LOCAL CORKUN I CATIONS
A. Occupant Mailing '
Printed questionnaire with reply envelope
12,000 (estimate) $29000
B. Results and Plans Mailing
12,000 (estimate) 20000
C. Feature articles
Development and distribution 21000
D. Photography 600
E. Local Media
1. Record Chronicle
Two 5 col. x 200 line ads @ $170 340
2. Enterprise
Two 5 col, x 200 line ads @ $80 160
3. KDNT Radio
Three flights (2 for 1, PSA) 250
F. Production
1. Newspaper ads (estimate) 800
2. Radio spots (estimate) 100
G. TOTAL $80250
:11. NATIONAL COMMUNICATIONS
A. Fortune Magazine ads
Two 81W page, Eastern and Midwestern
0 $9,410 180820
i
B. Production (estimate) $ 3,200
C. Preprints of ads 130
D. TOTAL $229150
III. AGENCY SERVICE
$800 per mgith service fee
Estimated 20 hours per month at $40
(low end of local PR scale) 99600
IV. GRAND TOTAL $40,000
N0*9 ORTKe, MERCER 8, KERSS, INC./ADVERTISING AAL` PUBLIC RELATIONS-1509 MAIN AT AKARD, DALLAS, TEXAS 75201,12141742-8773
January 2, 1976 0
Mr. King Cole
Assistant to City Manager
Civic Center Building
215 East McKinney
Denton, Texas 76201
Dear King:
We were pleased to learn from George Schneider that the
RED Board has officially approved the proposed communi-
cations plan and budget for presentation to the City
Council.
Since many of the Board and Council members will not have
had experience in the kinds of activities we will be under-
taking, it might be helpful for us to elaborate somewhat
on a couple of the budget items.
Production costs include everything involved in the pre-
paration of actual physical reproduction materials which
we must send to the media. In the case of the FORTUNE
magazine ads this would include:
Rough layouts
Comprehensivo layout
Mechanical art preparation
Photography or illustration (outside supplier)
Reproduction prints and retouching (outside
supplier)
Typesetting (outside supplier)
Negatives, engravings and proofing (outsida
supplier)
Shipping costs
Broadcast production would include:
Script preparation
Studio time (outside supplier)
Talent fees (outside supplier)
Director and engineer feES (outside supplier)
Reproduction dubs (outside supplier)
Page 2
Much of the production expense is actually money which
will flow through the agency to other specialized suppliers.
Activities covered under the agency service fee will include:
Plan development and administration.
Continuing study of area development activities
on national and regional levels.
Continuing evaluation of available communications
media (locally and nationally).
Market and media research planning.
Continuing news media relations.
Coordination and generation of news releases.
Development of local citizenry mailings and
preparation of written analysis of responses.
Organization and supervision of preparation, re-
production and distribution of feature articles.
Supervision of photography.
Concept development and copywriting for all ad-
vertising.
Contracting for space and time.
Checking, verifying, auditing, billing and paying.
Documentation, preparation aqd presentation of an
analysis of the year's program.
Spying on the North Texas Commission.
Enclosed are two copies of our standard client/agency service
agreement which spell out some of these services in more detail.
By copy of this letter I am asking Mr. Schneider to sign one
of the copies on behalf of the RED Board and to return it for
our files. The other copy should be retained by him.
Originals of the agency statements for November and December are
enclosed with Mr. Schneider's copy of this letter.
Following is a tentative schedule which I feel should be followed
to keep us all on track;
Approximate
Major Activities Due Date
City Council budget approval January 15
Questionnaire mailing January 27
April FORTUNE ad approval February 2
First feature article February 15
May FORTUNE ad approval March 1
First mailing analysis March i
Major program news release March 4
Second local mailing March 15
Local newspaper ads 6 radio spots Week of April 4
Preliminary analysis of program
results Mid-July
1 1171 Page 3
If you or George have any suggestions regarding this schedule,
please let me know. We'll discuss it in more detail when we
come to Denton for the special City Council meeting.
Sincerely yours,
- ez - ~
Bill D. Kerss
President
BDK/djk
cc: Mr. George Schneider
Mr. Harvie Chapman
NO. '?b- 3
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF
THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP
APPLIES TO TRACT NO. 1.5, CITY BLOCK NO. 233-C, AS SHOWN THIS DATE
ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PAR-
TICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON. TEXAS, HEREBY ORDAINS:
SECTION I.
That the Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an AppenJix 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 "0" Office District in the same
manner as other property located in the "O" Office District;
All that certain lot, tract or parcel of land lying and be-
ing situated in the City and Covnty of Denton, State of
Texas, and being Tract No. 1.5 of City Block No. 233-C com-
prising approximately 1/3 acre and being located on the
southwest corner of Londonderry Lane and Teasley Lane in
the City of Denton, Texas.
SECTION II.
That the City Council of the City of Denton, Texas hereby finds
that such change is in accordance with a comprehensive plan for the
purpose of promoting the general welfare of the City of Denton, Texas,
and with reasonable consideration, among other things for the character
of the district and for its peculiar suitability or particular uses,
and with a view to conserving the value of the buildings, protecting
human lives, and encouraging the most appropriate uses of land forp tha
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect immediately
after its passage and approval, the required public hearings having
heretofore be,n 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 20th day of January, A. D. 1976.
MAYU
TOM D. JESTRA
CITY OF DE ON,
ATTEST:"
IMPOKS HOLT, CITY SECRETARY
C OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM: '
PAUL C, v , fiRNE
CITY OF DENTON, TEXAS
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brED RECORDS No. 14'2- v0! 7.11 PACE 414
9'71
AN ORDINANCE CLOSING THE HEARING AND LEVYING AN ASSESSMENT ON THE
REAL AND TRUE OWNERS OF PROPERTY ABUTTING THE STREETS SPECIFIED
IN STREET PAVING ASSESSMENT ON GOBER STREET FROM CROW TO SENA;
FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY
ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE
SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE
AMOUNT OF THE COST OF SAID IMPROVEMENTS; FIXING A CHARGE AND LIEN
AGAINST ALL SAID ABUTTJ NG PROPERTY AND THE REAL AND TRUE OWNERS
THEREOF) PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES
UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK; PROVIDING FOR
THE COMPLETION AND ACCEPTANCE OF SAID WORK; PROVIDING FOR THE
MANNER OF PAYMENT OF SUCH ASSESSMENT, THE RATE OF INTEREST AND
THE CONDITIONS OF DEFAULT.
45
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
The City Council of the City of Denton, Texas, finds that
the Director of Community Devalopment has prepared an estimate of
the cost of improvements on Gober Street from Crow to Sena, the
estimate of cost having been completed and filed in the office of
the Director of Community Development ten days prior to the date
of this ordinance and the estimates of cost so prepared and filed
are hereby approved. The City Council further finds that the plans
and specifications prepared by the Director of Community Development
for the improvements of the herein named streets are satisfactory,
and such plans and specifications are hereby approved.
The City Council finds that due notice and opportunity to be
heard on this assessment has been given, and that notice of the
public hearing was given at least ten days Wore the date of the
hearing and inserted at least three times in a newsraper published
in the City of Denton, as required by law. The public hearing was
opened and held in accordance with the ordinance and notide, at
which time and place an opportunity was given to all of the persons,
firms, corporations and estates owning or claiming any such abutting
property, or any interest therein, to be heard and to offer evidence
as to all matters in accordance with said ordinance and notice. In
the course of the hearing, sufficient and competent evidence was
heard showing that the improvements to be placed along the property
I
involved would in each instance increase the value of such property
by more than the cost of such improvements to the property owners.
Basel on the evidence, matters, testimony and objections considered
at such hearing, the said City Council has determined that the pro-
perties and each and every parcel of such property abutting upon
the streets and units as hereinafter set out will be enhanced in
value and specifically benefited in an amount in excess of the
amount of the cost of such improvements proposed to be, and as here-
inafter assessed against each of said parcels of property, abutting
upon said streets and the real and true owners thereof.
The cost of improvements of each portion of street ordered
improved herein shall be apportioned among the parcels of abutting
property and owners thereof in accordance with the front foot plan,
which plan is found to be fair and equitable.
SECTION II.
There is hereby levied and assessed against the parcels of
property described in Exhibit S attached hereto and made a part
hereof, and against the real and true owners thereof, whether such
owners are named or correctly named in such exhibit or not, the
sums of money shown opposite the descriptio,► of property in such
exhibit.
SECTION III.
Where more than one person, firm or corporation owns an in-
terest in any parcel of prcporty described in Exhibit B, each owner
shall be personally liable only for the prorata share of the total
assessment against such property in proportion as such owner's in-
terest bears to the real ownership of such property, and such owner's
interest in such property may be released from the assessment lien
upon payment of such proportional sum.
SECTION IV.
The several sums mentioned in Exhibit B and assessed against
the respective parcels of property described therein and the owners
thereof and interest thereon as specified herein, together with ex-
i
VOt 771 Pace 415
-z-
VOL 771 NncF 416
p ses of collection and reasonable attorney's fees, if incurred,
shall be a first and prior lien on the respective parcels of pro-
perty assessed superior to all other liens and claims, except State,
County, School District and City Ad Valorem taxes, and shall be a
personal liability and charge against the real and true owners of
such property, whether such owners are named or correctly named in
such exhibit or not.
SECTION V.
The several sums mentioned in Exhibit B and assessed against
the respective parcels of property described therein and the owners
thereof shall be payable by one of the alternative methods below
set forth:
(a) Placing an amount equal to the paving assessment in
escrow for the City of Denton with the Department of Finance to be
paid upon completion and acceptance of the paving by the City of
Denton, or,
(b) Executing a note or notes, payable to the City of Denton
in an amount equal to the paving assessment to be assessed against
the abutting property, said notes to be payable in equal monthly in-
stallments not to exceed three years if the front footage is less
than 300 feet, four years if the front footage is 300 feet to 400
feet, and five years if the front footage is over 400 feet.
Interest on the note or notes, payable in equal monthly in-
stallments, shall be at a rrAte of eight (8%) percent per annum. Any
balance on any note that is due and owing and unpaid shall carry an
interest rate of eight (88) percent per annum until paid.
Any such installment may be paid at any time before maturity
by the payment of the principal and accrued interest thereon. Past
due principal and interest shall bear interest at the same rate
from maturity until paid If default is made in the amount of any
such installments or interest, the entire unpaid balance of the
assessment plus interest shall, without notice to the owners, and
at the option of the holder of the Certificate of Special Assessment,
.3-
if any, immediately become due and payable, together with expenses
of collection and reasonable attorney's fees, if incurred. In the
event of such default, collection shall be enforced by suit in any
court having jurisdiction.
(c) in the9event the amount payable for the paving assess-
ment is not placed in escrow, as provided in paragraph (a) above,
or by the execution of notes, as provided in the foregoing para-
graph, the full sum of the assessment as shown in Exhibit B shall
be due and payable upon the completion and acceptance of the work
provided for herein.
SECTION VI.
For the purpose of evidencing the several assessments levied;
assignable certificates may be issued by the City of Denton upon
completion and acceptance of the improvements. Such certificates,
if issued, shall be executed by the Mayor, signing the same, or by
i
his facsimile signature impressed thereon, and attested by the City
Secretary, under the impress of the corporate seal, and shall be
payable to the City of Denton or its assigns. Such certificates
shall provide in substance the following:
(a) The amount of the assessment as specified in Exhibit B,
together with time, terms, rate of interest and conditions of pay-
ment as specified in Section V above.
(b) The terms and conditions of default as specified in Sec-
tion V above.
(e) That the proceedings with reference to making the J.myrove-
ments therein referred to have been regularly had in Qnmpliance with
the law and that all prerequisites to the fixing of the assessment
lien against property described in the certificate and the personal
liability of the owner or ownera.thereof have been performed.
(d) Coupons may be attached in evidence of the 9~sveral in-
stallments whivh may be signed with the facsimile signatures of the
Mayor and City secretary.
(e) That the City of Denton shal). exeroise all of its lawful
powers when requested ble the holder to aid in the collection thereof,
VOL 771 PACE 417
-4-
VOL 771 PAGE 418
Such certificates may also contain other appropriate and
pertinent recitals.
SECTION VII.
In the event any such assessment for any reason whatsoever
shall be held or determined to be invalid or unenforceable, then
the City Council reserves the right to supply any deficiency iry
proceedings with reference thereto and correct any mistake or
irregularity in connection therewith, and at any time to make and
levy reassessments after notice and hearings as nearly as possible
in the manner provided by the Statute referred to in Section VIII
hereof for original assessments and subject to the provisions
thereof with reference to special benefits.
SECTION VIII.
Such assessments are levied under the provisions of the
Acts of the Legislature of the State of Texas, known as Article
1105b of Vernon's Texas Civil Statutes.
PASSED and APPROVED this the 6th day of January, A. D. 1976.
7TOM D.' JEST , R. , R
CITY OF DEN TE
TIlL~T
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OL j CITY SECRETARY
CITY OF DENTONt TEXAS
APPROVED AS TO LEGAL FORMt
FA4L-C. IS , CITY ATTORNEY
CITY OF DENTON, TEXAS
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EXBIBIT B
Assessment Roll
CORER
Crew to Sena
Assessment
Total Pavement Cb. 6 G•.Lter Total
Lot Name b Address Cons t. Only Only Cost
$2000.00
4 5 Rosabel E. fSizell, Box 365, Denton 200'
6 David E. Brown, 2514 Ft. Worth Dr. 200' 2000.00
' 1500.00
5.2 Gary Bennett, 1728 Sena 150,
500.00
5.3 James B. Mack, 2304 Crestwood 50'
50' 500.00
6 Iverna M. Wilson, Box 223,
Ector, TX 75439
500.00
6.1 C. C. 0-_r, Jr., 1411 MistYwood 50'
100' 1000.00
6.2 Bob E. Vestal, 1022 Congress
$5000.00
A'
- , VOL 771 PAGE 419.
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USED RECORDS 970
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE PAVING
AND IMPROVEMENTS OF A PORTION OF GOBER STREET FROM CROW TO SENA
IN THE CITY OF DENTON? TEXAS; ORDERING TO BE PREPARED AN ESTIMATE
OF THE COST OF SUCH IMPROVEMENTS AND ORDERING THE PREPARATIGN OF
PLANS AND SPECIFICATIONS; DIRECTING THE GIVING OF NOTICE;,DETER=
MINING THE COST OF SUCH IMPROVEMENTS SHALL BE PAID BY THE CITY OF
DENTON; PROVIDING A METHOD FOR THE REIMBURSEMENT TO THE CITY OF
DENTON FOR A PORTION OF SUCH COST BY ASSESSMENT OF A PORTION OF
SUCH COST AGAINST THE PROPERTY ABUTTING SUCH IMPROVEMENTS; AND
FOR THE FIXING OF A LIEN TO SECURE PAYMENT FOR SUCH ASSESSMENT;
DIRECTING THE CITY SECRETARY TO FILE NOTICE OF THE ASSESSMENT;
AND SPECIFYING ACTION UNDER ARTICLE 1105 REVISED CIVIL STATUTES.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
A necessity exists for the permanent improvement of that
certain portion of Gober Street from Crow to Sena as hereinafter
listed and enumerated in Exhibit A, which is attached hereto and
made a part hereof.
SECTION II.
Such street shall be improved by cutting or filling to
bring it to grade, by widening and straightening, by constructing,
reconstructing, repairincf and realigning curbs, by constructing
appurtenances and incidentals to such improvements, including all
drains and culverts, all as shall be recommended by the city
Engineer and approved by the City Council. The City Engineer shall
prepare an estimate if the cost of such improvement and shall draw
and prepare all necessary plans and specifications.
SECTION III.
The City Secretary is hereby directed to cause to be prepared
a notice of the enactment of*this ordinance and file said notice
with the County Clerk of Denton County, Texas, among the mortgage
or deed of trust records of said County.
SECTION IV.
The cost of such improvements shall be paid for by the City
of Denton, The City of Denton shall reimburse itself for not more
vat 771 ma 409
►Y~~ 731 FAcE 410,
than ninety (908) percent of the cost of the improvements by the
assessments against the respe.-tive abutting property and the real
and true owners thereof in accordance with the provisions of Article
1105b, Revised Civil Statutes of the State of Texas. The amount of
such assessments shall constitute a first and prior lien upon all
such property and a p:rsonal liability on the real and true owners
thereof, whether correctly named or not. The property abutting on
the street shall be assessed on a per front foot basis, the estimated
cost per front: foot and the estimated total cost of the total paving
being as set forth in Exhibit A.
No assessment shall be made until after the notice and hear-
ing provided by law, and no assessment shall exceed the special bene-
fits in enhanced value to the property and the owners thereof by
reason of such improvements.
SECTION V.
Such assessment shall be payable either by:
(a) Placing an amount equal to the paving assessment in
escrow for the City of Denton with the Director of Finance to be
paid upon completion and acceptance of the paving by the City of
Denton, or,
(b) Executing a note or notes, payable to the City of Denton
in an amount equal to the paving assessment to be assessed against
the abutting property, said notes to b,a payable in equal monthly in-
stallments not to exceed three years if the front footage is less
than 300 feet, four years if the front footage is 300 feet to 400
feet, and five years if the front footage is over 400 feet.
Interest on the note or notes, payable in equal monthly in-
stallments, shall be at a rate of eight (88) percent per annum.
Any balance on any note that is due and owing and unpaid shall carry
a straight interest rate of eight (89) percent until paid.
Any such installment may be paid at any time before matur!.ty
by the payment of the principal and accrued interest thereon. Past
due principal and interest shall bear interest at the same rate
f
fron maturity until paid. If default is made in the payment of any
such installment or interest, the entire unpaid balance of the
assessment plus interest shall, without notice to the owners, and
at the option of the holder of the Certificate of Special Assess-
ment, if any, immediately become due and payable together with ex-
penses of collection and reasonable attorney's fees, if incurred.
In the event of such default, collection shall be enforced by suit
in any court having jurisdiction.
Upon the completion of the improvement and the acceptance
thereof by the City of Denton, the assessment made against all
abutting property owners who have not made arrangements for the
payment of the assessment as above set forth, shall be immediately
due and payable.
SECTION VI.
In making such improvements, the City Council is acting under
the provisions of the Act passed at the first called session of the
Fortieth Legislature of the State of Texas, known as Chapter 106 of
the Acts of said session, together with amendments thereto also
known as Article 1105b of Vernon's Civil Statutes, adopted by the
Charter of the City of Denton, Texas.
PASSED and APPROVED this the 6th day of January, A. D. 1976.
'Ail
; TOM JESTMY/ MA OR
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CITY OF DEN , T S
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L , CIT SEC AR
CITY OF DENTON* TEXAS
APPROVED AS TO LEGAL FORM:
~~o~~iYY/J I
PAUL C, ISHAM# CITY A79
CITY OF DENTON, TEXAS i VOL 771 PAGE 4A
r 3r
EXHIBIT A YOl 771 PAGE 412
1. Gober Street from Crow to Sena.
2. This is an addition to Street Paving Assessment Project No. 7,
the low bid being $758,596.31 and which will be increased to
encompass Gober Street from Crow to Sena.
3. The assessment to adjoining property owners is:
(a) Curb, gutter and street paving - $10.00 per front foot.
(b) Street paving where curb and gutter exists - $7.40 per
front foot.
(c) Curb and gutter only - $2.60 per front foot.
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TI[E STATE OF TEXAS X I
YVOW ALL MEN BY THESE PPESENTS:
COUNTY OF TRENTON X
THAT WHEPYAS MONTECiTe DEL SUR, INC, is the developer
of certain property shown and described on the attached plat,
j which plat is incorporated herein as if set forth in full, in
the County of Denton, Texas, and briefly described as follows,
to-wit; ?'ONTECITO DEL SUR; and j
WHEREAS, in order to serve the aforesaid property with
sanitary sewer the said developer is required to pay the cost
li of 4,959 feet of sanitary sewer main extension and construct
a sewer lift station and force main totaling, $67,550.68, and
desires to extend such sewer main to his property under the pro-
visions of Section 25-74 through Section 25-79 of the Code of
Ordinances of the City of Denton, Texas, as passed and approved
the 8th day of June, A. D. 1971; and
WHEREAS, the said developer or his assign desires to re-
ceive reimbursement for such costs under the provisions of said
Section 25-74 through 25-79 of the Code of Ordinances of the
City of Denton, Texas, and pursuant to the terms and conditions
of this contract; now, therefore,
THIS AGREEMENT, made this the 6th day of May, A. D. 1976,
A R ~r~ by and between HONTECSTO DEL SUR,'INC:G. of the County of
DENTON, State of Texas, hereinafter called "Developer", and the
City of Denton, Texas, a Municipal corporation of the County of
Denton, State of Texas, hereinafter called "City",
WITNESSETH:
I.
That for and in consideration of the construction of n
sanitary sewer main and sewer life station and force main for the
benefit of Developer, and in further consideration of the trans-
fer to the City of all of Developer's right, title and interest
in and to the aforesaid main extensions and all appurtenances
thereto, and all easements and right of way agreements secured
by or for'Developer for the purpose of locating said main exten-
ir Siona City shall accept said mains upon final approval thereof,"
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after inspection, and agrees to provide sanitary sewer to Deve-
loper's above described premises for such monthly service charges)
as are, or may be, established by the City.
it That the City further agrees to reimburse Developer not to
I
exceed the pro-rata cost of the construction of such main exten-
sion paid to the City under the provisions of Sections 25-75 and
25-76 of the Code of Ordinances of the City of. Denton, Texas, as
amended o4 the 8th day of June, 1971, with the following limi-
tations.
i
(a) After the expiration of ten (10) years from the date
the sewer main extensions is finally inspected and accepted by
the City, no further reimbursement shall be made to the Developer
k~ (b) Said reimbursement shall not apply to service lines or
main extensions constructed at the expense of the City of Denton,
from any main constructed under the terms of this agreement.
(c) Reimbursement payments shall be made to the Developer
or his assigns if designated in writing, and to no other person.
(d) All fees and tapping charges incurred tinder the pro-
visions of Section 25-76 shall be paid directly to City, and
reimbursement shall be payable to Developer within thirty (30)
k days of receipt by City.
III.
It is further agreed and understood that the total cost of
the facilities described above and made the subject of this con-
tract will be $67,550.68 of which $40,068.00 is for the sewer
lift station and force main and $27,482.68 for the sanitary sewer
extension. The Monteeito del Sur share of said coat will be
$3,227.06. Reimbursement will not in any event exceed the total
cost of the project less the Montecito del Sur share of said cost
($64,323.62). Such reimbursement will be based on the following
formula
(1) SANITARY SEWER EXTENSIONS.
The current pro-rata cost per foot for the size of the ex-
tended line as approved by the City Utility Board and City Co}mci
i up to Developer's total cost of $27,482.68,
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(2) SEWER LIFT STATION AND FORCE MAIN,
Ntunber of residence units times number of persons per
residence unit times number of gallons of sewage per day per
!person times the factor of 1.5 (to establish the ratio of maxi-
~mum hourly demand to average hourly demand) times the total cost
;of the project in dollars ($40,068.00) divided by the total
!capacity of the system in gallons (792,000).
Additionally, be is mutually agreed that since the above !
!described facility is a lift station facility, and as such is
considered temporarily expedient, at such time in the future as
may be determined by the City that sewage can flow by gravity
from the point of this lift station to an interceptor line or
other larger lift station, this station or facility will be
abandoned and all reimbursement will be discontinued.
IV.
That for and in consideration of the agreements to be per-
formed by the City, as aforesaid, Developer hereby transfers to
the City all of its right, title and interest in and to the main
extensions described above, and any and all easements and right
of way agreements secured by it for the purpose of iocatinp said
main extensions, and Developer further agrees to execute any and
all instruments of conveyance deemed necessary by City to convey
said interests to City.
WITNESS the hands of thi parties hereto on the day and year
first above written.
MONTECSTO DEL SUR', INC,;-I
BY:
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TTES ,
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CITY OF DENTON, TEXAS
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BY:
kki JACK OWEIT--
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(ATTEST:
C P ARY
CITY OF DENTON, TEXAS
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APPROVED AS TO LEVAL FORM:
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CITY OF DENTON, TEXAS
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