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HomeMy WebLinkAbout08-1979 Au (J S ,19'79 .._A Gi-mified Copy SR,.rUJ0,V2I) SlUl ILLY CONIIJ kNY Moans OFrlOSs No. 7395 Nrtv"1u1a(,New1'01UC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOAR5 SURETY COMPANY, a cor- poration of the State of New York, Itas made, constituted and appointed and by these presents does make, constitute and appoint Judy A. Almand of Dallas, Texas its true and !awful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety ! -)nds, undertakings and other instruments of similar nature as follows: Without Limitationr Such insurance policies, surety bonds, undertakings and instruments for said purposes, when dul: executed by the aforesaid Attornev-in•Fact, sliall be binding upon the said Company as ful'y and to tFe same extent as if signed by the duly authorited officers of the Compan) and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December Rth, 1927, and are still in full force and effect: ARTICLE VIII, SECTION 1: "Policies, bonds, reco;nleances, stipulatlone, contents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, recognizance, stipulation,, consents of sorely and unlervirit;ng undertakings of the Company, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairmar it the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary, a ~tesidtnt Secretary or a Resident Assistant Secretary: or (b) by an Attorney-it.-Fact for the Company appointed and autl,or°eed by the Chu,man of the Board, the President t or a Vice President to make such signature; cr (e) by such other officers or representatives as the Poard may frorn time to time determine. The seal of the Company shall if appropriate be affised thereto by any such officer, Auorneyin-Fact or representative.' IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 21.tth..... day of ...........................Jung............................., 19.7.4.., Attest: SEABOARD SURETY COMPANY, (Seal) .......Jaren Hayes- By John C. Whiteside » » . Assistant Secretary Vice-President STATE OF NEW YORK COUNTY OF NEW fRK. ~as t 1 On this .27.tit....... day _ ......,Itana,...... . 19...24before me personally appeared •,....,•..•,....Johu..C.Alftlittu ...............................•....w...... a Vice-President of SEABOARD SURETY COMPANY. with x• m ampe rsonally acluainted, who, being by me duly sworn, said that he resides in the State of..-._..!~.~!!.,~4.4:~a7._..; that he is a Vice-President of SEABOARD SURETY COMPANY the corporation described in and which exewted the forebroiny instrument; that he knows the corporate .seal of the 4ithlf Company; that the seal affixed to said instrument is such cormate seal; that it was so arfixed.Wordtr of the Board of Directors of said Company; tnd that he signed his name thereto as Vim-'President A said Company by like authority. State of Nev York No. 41-7497475 Qualified in Queens County Cert. filed its Nov York County » 30 1976 Comsiuioa Expires ?tart C 13 R T 1 P I C A T 8 A»itA J. Leonard Notary Pubik 1, the undersigned Assistant Secretary of SF.AROARD SURETY COMPANY do hereby certify that the orl,:nal Power of Attorn-y of which the foregoin= b ■ full true and correcl copy, Is In full Torre .r eRtit on the dais „ this Certificate and I do further certify that the Vice 'resident who executed the #"I Power rf At;orne was one of IM Officers authorlred by the Board of Directors to appVint nn atturnq•in•facl as provided la Article 1[ it, Section I, of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facslmile undo and by authority of the following resolution of the Board of Directors of SEABOARD SURETY COMPANY at a messing duly called and held on the 11th day of Uarch 1970. "RESOIWED: (2) That the use of a printed fatalailk of the corporate seal of the complier and of the signaturs of as Auistant Secretary on any eerli5cation of the torrectness of a copy of an Instrument etrcaled by else President of a Vice-President pursuant to Article Vill, Section 1, of the By-Laws appointing and aulhorlafng au altorneydafact to alga in the name and on behalf of the company surety bonds, underwr.:Ing undertakings or ,.her Iesttvateats described In said Article Vill, Sectfon'I, with like effect so if such at I and such signatare had been manually affixed and made, hereby Is authorised and approved." IN WITNESS WHEREOF, I have hereunto set my hand ,ills affixed the corporate seal of the Company to these prescats this 22nd.......... day of .,...August 19?9. ,nw,.unu sense ,«.»»n,....... ..y osuaur~o Assistat « reins M Bond No. 749829 SFAISOAtli) Sum--rv CONW%NY I oA+ai OFFICE, BO WILLIAM STRIMT; %'.::W YOPK Io038 Continuation Certifi =ate Attached to BOND No.-I-42 9_ Wised by the SEABOARD SURETY COMPANY (hereinafter CITY MAMAGER, CITY OF DENTON, TEXAS called the Surety), in favor of.._-.. _ , on behalf uL...._...DALLAS AIR CONDITIONING COMPANY, - NC, One Thousand and No/100 in the amount of-._______..__.__ _-Dollars 1,000_OO) for the period beginning on the__ 31st_ _..,__day of__ _ October 19--!2. 0 31st October 73 and eadinl on the.-....___..__. of_._... l9__.._, JA Cop/lattetlon of the payment of the premium uf. -Tsrcacy and No1100 .c-..rr_c-_Dollan 20.00 the Surety hereby agrees, subject to the terms, conditions and limitations of slid bond, that laid band shall continue in force for the period ending on the. 31et___., day of_9Ctober_ 1980 and that said bond, together wits this and all previous continuations thereof, shall not be cumulative and shall in no event exceed the sum of One Thousand and No/100 Dullars 1,000.00 In W tpl4/ W4hrtof the SEABOARD SURFTY COMPANY has caused this certificate to be exe• 22 cured by its Attorney-in-Fact and its.orporste seal to be hereun3 affixed this-- -nd _.--day of August SEABOARD SURETY COMPANY (Seal) Judy A. A{nand Attorneyin•Fatt.- FORM a1JA BOARD OF EQUALIZATION OATH OF OFFICE THE STATE OF TEXAS COUNTY OF DENTON I, Myra Akins, Marshall Everett and P.aymond Pitts, as members of the Beard of Equalization of the City of Denton, Texas, for the year, A.D. 1979, hereby solemnly swear that in the performance of my duties as a member of such Board for said year, I will not vote to allow any taxable property to stand assessed on the tax rolls of said City of Denton, 'T'exas, for said }ear at any sum which I believe to be less than its fair and uniform value; that I will faithfully endeavor to have each item of taxable property which I believe to be assessed for said year at less than its fair and uniform value, raised on the tax rolls to what I believe to be its fair and uniform value, 1 further solennity swear that I have read and understand the provisions contained in the Constitution and laws of this State, and the Charter and Ordinance of the City of Denton, relative to the valuations of taxable property and that I will faithfully perform all the duties required of mo under the Constitution and laws of this State, and the Charter and Ordinances of the City of Denton so help me Cod. ,(,0, loor V'; THE STATE OF TEy.AS COUNTY OF DENTON Sworn to and subscribed beforo me by the said Myra Akins, Marshall 3vurett and Raymond Pitts this 1st dnv of August, A.D. 1979. W No arc in and for Denton County, Texan r I CITY OF DENTON Minutes of the Board of Equalization for Year 1979 The Board of Equalization convened August 1, 11079 at 9:30 A. M. in the Civic Center Community Bldg., Corner o' McKinney and Bell, Denton, Texas. • Present: Board members, Myra Akins, Ifarshall Everett, Raymond Pitts and Tax Assessor -Collector Hugh Mixon, of the City of Demon. The Oath of Office was given the Board members. Raymond Pitts was elected Chairman of the Board and was informed that due notices of the Board of Equalization meetings ,ad been given and proper publication had been made. The Chairman stated that the Board was now ready f5r business; whereupon the Board proceeded with the following protests: Monday, August 1, 1979 9:30 A.M. Name Reference No. Rendered Assessed Value Set By Board A. J. Bushey 1/185 $ 24,240. $ 24,240. Ms. Bill C. Payne 4140-00200 103,440. 103,440. G. T. Lillard 3680-00300 39,750. 36,150. Wm. M. Johnson 5,6,12,22/445A, 1 - 8/445B, 3,4,5/445C }1 to 570600. 4b,^S0. (hoard Recessed Q 12:00 Noon) and Reconvened @ 1:30 P.M. All board members present with the exception of Myra Akins. The board reviewed and approved the appraised and agriculture values of land for the applicants qualifying for agriculture use values. (Board Recessed, 4:00 P. M.) Tuesday, August 2, 1979 9:30 A. M, Jim Sewell for Crawford Bldg. Corp. 6140-00100 10343,140. 1,278,700, 1 The Board considered the foregoing items. Motion was made and seconded that the values be approved. The motion carried. It was moved, seconded and carried that the schedule of values are fair and equitable and assessments made by the Assessor and Collector of Taxes are hereby approved, It'was further moved, seconded and carried, that all protests not herein expressly enumerated for persons -;ho either appeared before the Board of Equalisation, or filed protests and failed to appear, are hereby expressly overruled and assessments are made 11-Ay the Assessor and Collector are in all things approved. It was further moved, seconded and carried, that the valuations placed against property of persons who were given notice of such valuation and who failed to appear before the Board of FquaLization are approved. The Board of Equalization, having re%lewed Vie protests and the assessment rolls covering taxable property heated within the City od Denton, in their entirety and after duly considering the same, are of the opinion that the assessment rolla as corrected should be in all things approved. There being no further business before the Board, their labors having been completled; it was moved, seconded and carried that the Board of Equalization sitting for the year 1979 be duly adjourned. Adjournment time,12:30 P.k% August 2, IWO. ` J;!` y 14 7 'JAW Attest: r Hug )Mixon, 8 tary Equalization Board A A Tax 'iLL L~F LnL tSrPrF AND PCPSONAL PP0Pir,'TV IN 1 A n r INLfHFii FOU T1XATIGN A000U"'. VALU 1,Qg4 4 54,651 1ri~7t• 21,26 729,02 A i797tl 4 3U4,94 F4$ OF TlIL L'nAPLi OF F~UttI7ATION FOR ImE Y 19799 HAV1"L ['IAyI";tn TNF WITHIr+ TAX ROLL 9 FIN T'. IFSTIPA LNr Ii rhrCF, „IIP,LSt Cllr. 11 A N 0 S Tri+1S Ib AUGUST 1979, r,. • s • • f L CORPCPA7L LIHTIS O~ T+)L LILY OF DENIoN; TEXAS 0~ TFiF YL,ar 1Q7R i I10N ` ,770 BUS INLSS PFRSONAL PROVFRIY AFIEHOHFSTL AU AND i VETETaN EXEMPTIONS OF t ,,nUn . (ASSESSED VALUE) ~S 9D PErSONdL Pr;OPERTY AF TEr: HGNcSIF AD hI,D VE TE)'QN EXEMPTIONS Of s 74,010 . 1ASSESSEO VALUE) ,620 REAL ESTATE. PROPERTY AFTER HOMESTEAD AND VETERAN EXEMPTIONS Of S 1),631,530 (ASSESSED VALUE) , 660 p rI AR THE SA1`L CORRE f T . , DA'* OF lip L - - - - Y- K~~Y Gil!: _ O O O ~~L $170 7I C-IM-STANDARD SALE CONTRACT Martin Stationery Co, Dallas, Texas THE STATE OF TEX>~.S I COUNTY OF BY THIS AGREEMENT AND CONTRACT, DENTON 1 Parties BURNE'PT FLEMINGS AND WIFE, LORETTA FLEMINGS hereinafter tailed Seller, acting through the undersigned ar,d duly authorized Agent, hereby sells and agrees to convey unto I~ CI: OF DENTON, TEXAS , hereinafter called Purchaser, 4'.. f.,;oa,ng described property: Lying and situated in the City and County of Denton, State of Texas, and being more particularly described by metes E` and bounds in Exhibit "A" attached hereto and made a part hereof. Properties' i Ij I~ the purchase pAre Is jl 100 00 psylble as rodouV Cash at Closing XtXXXXXXXXXXXX%Nk'ARW?NAV1l'k74P~ ~)ft,4ClC1l![7tFf~!(X4S 4fik?[!iR44!(9iR'!4X di duXKiyli)G)tti}(5C t1t;fXXX}ADIXXUXXxdbUNXXyKi %AWK I Terms II ~ i )MXA XQ("XXxxx~„`bYYxi l+dj'Vi lfiU4 i. VIKUYwtcltaGYM'"X" f! xx"VAx t&x"xXWaVA Q* "W 6 Purchaser j Y=kxagrees to furrdsb Title Insurance Policy to Said property, which shall be conveyed free and clear of Sty -M all encumbrances except thew narced herein. In accordance with the terms of the Real Estate Li"nse Act of the State of Texu,' ou, as par. chaser, are advised that you should have U,e obstnct ewvering the real esutc which Is the rubkct of this contract examined by an ettorney of your own gelation, or that yon should be furrdaw with or obtain a potlcy of title Insurance. Title W' ~ ' if x ff " 19 0 L' any title objection are maAe then the Seller or his Agent eh_d have s reaSoruble time to curl s,ld objections and ahow good and msrittabla title. In the event of lalluro to furnish good grad narWetabI3 title, the pu^-hase money bereby recelpted for IS to be returned to Purchaer upon the cancellation and retu,n of tiila contract, or Purchaser tray enforce speelbe performance of cams. &111r agrees when the title objectlons have been cured, to dellver a good and suflkiert Omani Warranty Deed properly conveying said property to said Purchaser, Sri Purchaser agr"S, when paid deed Is presetted, to a the 41arce of the each ps rneht and execute the note and Deed of Trust JA~iq ~nxclm~x~••~~xxxxxxxxxxxar~emrvc~c Taxed Toes for the torrent year, the current rents, inauranre, soul Intemat, lit any), are to be prorated to date of closing, x~t«x~~S~arrowla MxxA~f++P~:~x~t) ~r.4crx~t~c+x~c,~~t 8~ v Purchaser agrees to pay till reas~nable'cost of closing. \'0f altiord Sale is subject to the final approval by the City Council of the City of Denton, Texas, Lxecstal in ulpllcate this ; J of day of ~k K ip 79 Tibia c , tr tg bJect to the acceptlaws of Seller s r/ O Z1TQ __TEXP.S_ rREvf0TA F INGS ~vef• `~JG i ~ FLEMINGS, Seller SINGLE ACKNOWLEDGMENT AS, BEFORE MF, the undersigned Authority, COUNTY oFTE OF TEX. 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 ackn~w!adgrd 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.. Notary Public, County, Texas My Commission SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE MB, the undersigned authority, In and for Bald County, Texas, on this day personally appeared known to me to be the person v hose name subscribed to the foregoing instrument, and acknowledged to me that he.... . executed the game for the purposes and consideration therein expressed. GIVEN UNDER MY HA? D AND SEAL OF OFFICE, This day of A.D. 19....._ (L.S.) Notary Public, County, Texas My Commission Expires............. t I ~ Prw C oo F V i , e + THE STATE CF TEXAS ) DEED RECOM COUNTY OF DENTON ) That Pyvl Haywood Construction Company, of the County of Denton, 0 Texas, in consideration of the sum of i~hd 0ol lcr (;1.00; and other good and valuable co.ns~jdcration in hand paid by The City of Denton, 1'exas, receipt of which is hereby acknowledged, do by these preserts yrant, bargain, sell ano convey unto the City of Denton, Texas, the free and uninterrupted use, liberty, and privilege of the nassage in, along, upon and across the following described property owned by him, and being situated in the.,Coanty of ;Tinton, State of Texas, and being more particularly described as follows: All that certain lot, tract or parcel of 'and lying and being situated in the City and County of Denton, State of Texas, and being part of the M.E.P. 6 P.R.R. Company Survey, Abstract No. 925, and being part of Lots I, 2 and 3 of the 1.0 O.F. Addition, an addition to the City and County of Denton, and also being part of a tract of land as conv^.ved from Paul Haywood, et al to Paul Haywood Construction Company by deed dated July 3, 1979, and recorded in Volume 960, Page 497 of the Decd Recoris of Denton County, Texrs, and more particularly described as follows: FIRST TRACT: 8EGINNING at a point in the east boundary line of said tract, same tieing the west right, of way line of T.O.O.F. Street, said point of beginning being 8.0 feet south of the northeast corner of lot No. 1 of thr I . 0 . 0 . F . Audition, same beiiig the southeast corner of Lot No. 7 of the I.D.O.F. Addition; THENCE west 8.0 feet south of and parallel with the north boundary line of said Lot No. 1, same being the south boundary line of said Lot N.), 2 a distance of 75.0 feet to a point for a corner; THENCE north gassing at 8.0 feet the north boundary line of said lot No. 1, same being the south boundary tine of said lot No. 2, and continuing north a total distance of 16.0 feet to a point for a corner; THENCE east 8.0 feet north of and parallel -Rath the south boundary line of said Lot Ho. 2, same being the north boundary line of said Lot No. 1 a distance of 75.0 feet to a point for a corner in the east bovrlJary line of said Lot No. 2; THENCE south along the east boundary line of said Lot No. 2 same being the west right of way tine of T.O.O.F. Street passing at 8.0 feet the southeast corner of said Lot No. 2, same being the northeast corner or said Lot No. 19 ai.d continuing south a total distance of 16.0 feet to the place of beginning and containing 1,200.0 square feat of land, more or less. ~'~Ol 98~ YaGEpQ3 VA 903 PAGE 844 SECOND TRACT; BEGINNING at a point in the east boundary line of said Tract, same being the west righc of way line of 1.0.0 F. Street, said point of beginning being 8.0 feet south of the northeast corner of Lot No. 2 of the I.O.O.F. Addition, same being the southeast corner of Lot No. 3 of the I.O.O.F. Addition; THENCE wept 8.0 feet south of and parallel with the north boundary line of said Lot No. 2, same being the south boundary line of said Lot No. 3, a distance of 75.0 feet to a point for a corner; THENCE north passing at 8.0 feet the north boundary line of said Lot No. 2, same being the south boundary line of said tot No, 3 and continuing north a total distance of 16.0 feet to a point for a corner; THENCE east 8,0 feet north of and parallel with the south boundary line of said Lot No. 3, same being the north boundary line of said Lot No. 2 a distance of 75.0 feet to a point for a corner in the east boundary line of said Lot No. 3; THENCE south along the east boundary line of said Lot No. 3 same being tii e west right of way line of I.0.0.F. Street passing at 8.0 feet the southeast corner of said Lot No. 3, same being the northeast corner of said Lot No. 2, and continuing south a total distancc of 16.0 feet to the place of beginning and containing 1,200.00 square feet of land, more or less. And it is further agreed that the said City of Denton, Te-,.as, in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of installing, repairing, and perpetually maintaining public utilities in, along, upon and across said Premises, with the right and privilege at all times of the grantee herein, his or its age!,ts, emplrjees, workme.-, and representatives having ingress, egrets, an,i regress in, along, upon and ac~oss said premises for the purpose of making additions to, improvements on and repairs to the said public utilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas, as aforesaid the premises above described. WITNESS his hand, tt:is the day of ! L A. D. 1979. PAUL H0'400D CONSTRUCTION CORPM BY: THE STATE OF TEXAS ) COUNTY OF D£NTON ) BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared Paul Haywood known to me to be the person and officer whose name is sub- scribed 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 NAND AND SEAL OF OFFICE, This the • z day of 1979. ~OENTON COUNTY, TEXAS My'Go4{sS,ion expires y r ~f 7 _ 3 :r ~ O O O rn 3 r' O ' U 3 98v~ 89~ 'OA' gill as ;°y r ;t r OATH OF OFFICE I~ Charles Keener , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Citizen's 'Traffic Safety Support Commission of the City of Denton, Texas, 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. Subscribed and sworn to before me the under i nell on this the day of C, v 7 , A.D. 19/ To certify w c witness-my' an and seal of office. • . 'T]TY 5CCA-EMRY- CIT1' OF DENTON, TEXAS 5 , . ~ R~ \ mod, c~ I~ 04,11 c~ t. 1 OATH OF OFFICE _-D bbie DarI do solemnly swear (or affirm) that I will faithfully execute the duties of the office of 1 _ Board of AdJustment Member of the City of Denton, Texas, and will to the best of my ability preserve, protect and defend the Constitution and I&ws of the United States and of t`,is State and the Charter and Ordinances of this City. ' Debbie Oarley Subscribed d sworn t before me the undersigned on this the l~ tt, day of _ V~$ _ A.D. 19 To certify ,gNTc ~ witness my viand ar,`seal of PTce. I 'o CR€TAT C17Y OF DEIITON, lEXAS i \ ~'/3 ~i l C A PWAIARGANTY DEED-With Gaorral aid Cor yarat:o¢Ackrowied;mm4 MARTIN 54lioony Co., Dane I, ~ r IJ'dll THE STATE OF TEXAS, Know All Men By These Presents: ~ COUNTY OF....... ENTON...... DEED RECORDS i That TEXACO INC. 213476 1 of the County of Denton , State of Texas for and in consideration of the sum of ------------SEVEN 11UNDRiiD NINETY -FIVE 6 N01100 ($795,00)------DOLLARS, I f to it in hand paid by the City of Denton, Texas l II ~f i I~ have Granted, Sold and Conveyed, and by these presents du Gr-nt, Sell and Convey unto the said j' I City of Denton, Texas ij of the County of Dento,: State of Texts 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 E. Puchalski Survey, Abstract No. 996, and alsc being part of a tract of land as con- veyed from M.F.M. Combination Saw Machinery Company, inc. to Texaco Inc. by deed dated March 20, 1965 and recorded in Volume S22, Page 261 of the Deed Records of Denton County, 'exas, and more particularly described as follows: BEGINNING at the southeast corner of said tract, same being the inter- section of the west right of way line of runnie Brae Street with the north right of way line of Interstate Ilir,hway 35; TI4ENCE south 6304813511 west along the voutheast boundary line of said tract a distance of 2.86 feet to a paint for a corner; THENCE north 001711011 west a distance of 108.15 feet to a point for a corner in the north boundary line of said tract; THENCE north 89°451 east along the north boundary line of said tract a distance of 4 feet to the northeast corner of said tract, said point ly- ing in the west right of way line of Bonnie Brae Street; THENCE south 002814011 west along the cast boundary line of said Bract same being the west right of way line of Bonnie Brae Street a distance of 106.91 feet to the place of beginning and containing 353.02 square. feet of land, more or less. 967 wz5s ~f I t va 967 lc 260 TO HAVE AND ':0 HOLD the above described (remises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Dc- n t o n , Texas, its successors )MW4nd assigns forever; and i t do hereby bind i t Se 1, f, i t s 5 tic c C 5 s 0 r 5 )k-h executors and administrators, to Warrant am] Forever Defend all and singular the raid prem!r:s unto the said City eaf Denton, Texas, its successors )tstbesc and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. ~,,i f3cVi~@ud'' hand at Denton, Texas this 2-S~sah day of 01 '.art • tTt IY , A.D. 1971 1 tr of Grantor: TEXACO, NC srta . _ m • i `'itythr . " i ssistant Seorotary HY._.. » Zy atrrewy . V,t1 X•,AG#)'INC, J...»N,_.Seaman .s~ Vice prs3sident e~ JF~ Approve ACKNOWLEDGMENT THE STA ~ BEFORE SNE, the -mdenigned authority, COUNTY OF__ 0 In and for said County, Texas, on this day personally appeared I~ known to me to be the prson........ whcw name ...subscribd to the foregoing instrument, and acknoaicagc~ 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.) 'a Notary Public ...........................................................County, Texas My Cammision Expires June 10.......... ACKNOWLEDGMENT THE STATE, OF TEXAS, BEFORE DIE, the undersigned authority, COUNTY OF f i i In and for said County, Texas, on tkis day pencnaily appeared._.... known to me to be the person whone name...........................subscribed to the foregoing fnstrument, and acknowledged to me that .......he........ executed the same for the purpo es and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF Os FIcE, This day ot....... _ , A. D. 19....... r Notary Public..... ...County, Tew i My Commluion Expires Juie... , 10...... COR70RATION ACKNOW11IDGMEN17 THE STATE OF TEXAS, BEFORE DIE, the undersigned authority, COUNTY OF..._.. HAItRIS j In and for aid County, Teas, on this day personally appeared _91...1mtT._go _;a s............._......._ . known to me 1o tx the person and orFne *j.4.*„ oflP* subscribed to the foregoing faslru-rent and acknowledged to ant Sit the same was the act a the aid 4 I Inc. that be executed the same as the act o< _..r l ~P a_•b corporation for the e ; uRo+ea and ewsiderstba [herein expressed, and to the • V4 ER MY HAND AND SEAL OF OFFICE '1116-4 Y, day of Ns' / • f~ . f ~ r A. D. te.7.9 e~•. ,.•-0,t PAULINECOVYARI f M • T r$*Afle In end for Hartb Cow:i;r.x., Ha sari is Corn"nion DO" Jae 3_• 1980 Notary Pubtk. Count', Tens kfy Coatimkake Fsyiro Ju~.. / . ~a THE STATE OF TEXAS, COUMV County Ckrk of the County Court of afd County, do hereby certify thtt L',e foregoing Instrument of writing dated on ,he........._.. _ _....»,day of_......... A.D. 19.........., with Its Certificate of Autheakstlon, was gkd for record In my office in of_....._...._...................... A.D. 19_.......... , , at o'ckxk,.._.._...... k, and was duty remrded thk._._._..,._ day o! _ , A.D. 19..........., at....., _.....o'cbck...........»..._..M., la the Records of Mid County, is %'nI- Y1Rl...».».,. 06 pejM......... . WITNESS try hand and seat of the County Court of said County, at my office fn_.........__._....._ .....,,.,.,,......the day and year lest above wrfttem Clerk Co wry Court........... County, Tens (L. B.) Ry.__.».......... Deputy. i its; ~9z 3sv~ 1. l6 101 ~ ~fagz 4 5 u I N „ ts~ j C M ~ ~ ; i E , f r a j r ; i 1 f IV, x c a I r~' A ,ltd 'Z o i a Il l tv l It I~ OATH OF OFFICE I~ George Terry , do sclemnly swear (or affirm) that I will faithfully execute the dutiES of the office of _ Citizen'9•Traffic Safety Support Commission of the City of Denton, Texas, 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 Ordinaice> of this City. • r.~ Subscribed and sworn to before me the undersigned on this the !f day of _ A Ore ~ , A.D. 19// To certify wwFfcE- wi'-ets my hand and sea of office. V SECRE MY CITY OF DENTON, TEXAS a a~ L] C Cq~~' o~y ( ~ ~ ~ f :sue g a 1 ~F OATH OF OFFICE Robbie Robinson , do solemnly swear (or affirm) that 1 will faithfully execute the duties of the office of Citizen's%:raffic Safety Support Commission of the City of Denton, Texas, 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. • W ~J~d b'~u~ U-t~ Subscribed and sworn to before me the undersigned on this the % y day of u ✓9/" , A.D. 19 To certify which witness and~and seal of of ice. • ITRSECRETARY CITY OF DE11TONo TEXAS . g DAM OF OFFICE I, L. T.- end do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Dgard of Atd ustment Member of the City or Denton, Texas, 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, L. T. Hensley Subscribed nd sworn 19 before me the under geed on this the lir,th. day of _ l~~G! 7 _ , A.D. 191_, To certify Wcch witness my art and seal of office. ~"dTr~SC~KI:Ihk~ CITY OF DENTON, TEXAS s r \~Y 9h ~ ~ F" i .Y i OATH OF OFFICE I+ 8111 Williamson do solemnly swear (or affirm) that I will faithfully execute the duties of the office of of the City of Denton, Texas, Ind 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. Bill Williamson Subscribed and sworn to before me the undersigned on this the lh CL day of g- _ , A.D. 19~. To certify iq cF- witness myanTand scat of oTfl.CO. ~t7Y C. R ClTV OF DENTO'i, TEXAS a~i k`~.T' r' J r' 1 1 Z OATI1 OF OFFICE Clovis Morrison , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of ^_~g sment m_¢~r C41ternate► of the City of Denton, Texas, 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. Clovis Morrison Subscribed an sworn to bef re me the undersigned on this the f(~s~ day of 0 7 A.D. 19~x f To certify At'cF_ witness ray an and seal of oPTLe. 11rre,0r, W+y_ CITY OF PENT04, TEXAS k~ t~ ~ c, Y r ~ r r a APPLICATION FOR INCORPORATION Or Den'_Qri HOUSING FINANCE CORPORATION We, the undersigned, citizens of the State of Texas, of the age of 18 years or more an6 residents of the City of Ilent:nn , Texas; hereby file with the governing body of the City an application in writing seeking the incorpora- tion of 1 housing finance corporation under the provisions of the "Texas Housing Finance Corporations Act". The form of articles of incorporation proposed to be used in organizing the corporation are attached hereto as "Exhibit A". SIGNED this the 21st day ofAUK2st , 1979, Lapp i^.a t .1 k) 4 - - 9& App ant, 1 App cant r EXHIBIT A F.RTICLES OF INCORPORATI0:7 OF Denton HOUSING FlINANCE CORPORATION THE STATE OF TEXAS COUNTY OF j)Lntnn WE THE UNDERSIGNED, natural persons of the age of eighteen (13) years or more, citizens of the State of Texas and residents of the City of L)(Lw nn , Texas (the "City"), acting as incorporators of a public instrumental- ity and non-profit corporation (the "Corporation") under the Texas Housing Finance Corporations Act, having been granted authority by the governing body of the City as evidenced by the resolution attached hereto as Ex A bit "A", do hereby adopt th, ollowing Articles of Incorporation for the Corporation: ARTICLE ONE The name of the Corporation is lle:iton HousingFinance Corporation. ARTICLE 7*40 The Corporation is a public instrument4lity and non- profit corporation. ARTICLE THME The period of duration of the Corporation is perpetual. ARTICLE FOUR The Corporation is organized exclusively for the purpose of benefiting aid accomplishing public purposes of, and on behalf of, the City, by financing the cost of residential ownership and development that will provide decent, se,fe and sanitary housing for residents of the City at p,:ices they can afford. It has been determined and declared by the Legislature of the State of Texas that such residential ownership and development will (a) provide for and promote the public health, safety, morals, and welfare; (b) relieve conditions of unemployment and encourage the kncrease#of industry and commercial activity and economic development so as to reduce the evils attendai,;. upon unemployment; (c) prtavide for efficient and well-planned urban growth and development including the eli;-ination and prevention of potential urban blight and the proper coordination of industrial facilities with public services, mass trans- portation and residential development; (d) assist persons of low and moderate income in ac4uiring and owning decent, safe and sanitary housing which they can afford; and (e) preserve r and increase ad valorem,tax bases o` local governmental units; and the foregoing have been determined and declared b; the Legislature of the State of Texas to lessen the burden of government and to be public purposes and functions. ARTaCLE F'IV'E The Cc_rorntion has no nembers. ARTICLE SIX These articles of incorporation may at any time and from time to time be amended so as to make any changes therein and add :ny provisions *_her-ato whit:. mig`t have been included in the articles of incorporation in the first instance. Any such amendment shall be effected in either of the following manners: W the members of the board of directors of the Corporation shall file with the governing body of the City an application in writing seeking permission to amend the articles of incorporation, specifying in such application the amendment proposed to be made, such govern?ng body shall consider such application and, if it shall by appropriate resoltition duly Find and determine that it is wise, e.:Pedient, necessary or advisable that the proposed amendment be nado and shall authorize the sane to be made, and .hall approve the form of the proposed amendment, then the board of directors of the Corporation may amend the articles of incorporation by adopting such amendment it a meeting of the board of di- rectorc and delivering articles of hv.en.lnnnt to the Secretary of State, or (ii) :he governing body of the City may, at its sole discretion, and at any time, alter or change the structure, organization, programs, or activities of the Corporation (including the power to terminate the Corpora- subject to any limitation on tke Impairment of rs entered into by the Corporation, by adopting an 1 amer. to the articles of incorporation of the Corporation at a r., %g of the governing body of the City and delivering articles .)f amendment to the Secretary of State. ARTICLE SEVEN The street address of the initial registered office of the Corporation is 215 E. McKinney , Denton , Texas, 7620- and the nice of its initial registered agent at such address is Brooks Holt ARTICLE. EIGHT The affairs of the Corporation shall be managed by a board of directors which shall be composed in its entirety of persons appointed by the governing body of the City. The number : of directors constituting the initial board of directors is The names and addresses of the persons who are to serve as the • initial directors, and the dates of expiration of their initial terms as directors, are an follows: DATE OF EXPIRATION OF NAIMES ADDRESSES TRIM Wm. S. Nash 215 E. McKinney; Denton, Tx. 76701 Aug. 21, 1980 Richard 0. Stewart " Aug. 212 1980 Dr. Ray Stephens it Aug. 21, 1981 Dr. Roland Vela to Aug. 212 1981 "Bud" Hensley to Aug. 21,:1981 Chris Hartung Aug. 210 J.980 Wm. H. McNary Aug. 21, 1980 Each of the initial directors resides within the City. Each director, including the initial directors, shall be te,Agible for reappointment. Directors are rer.,ovable by the governing body of the City, for cause or at will, and must not be appointed for a tern in excess of six (6) years. Any vacancy occurring on the board of directors throuqh death, resignation, or otherwise, shall be filled by appointnent by the governing body of the City to hold office until the expiration of the tern for which the vacating director had been appointed. ARTICLE NINE The name and street address of each incorporator is: Name Address Chris Hartung 215 E. McKinney; Denton, Tx. 76201 Wm. H. McNarv 215 E. McKinney; Denton, Tx. 76201 William K. Cole 215 E',. XcKlnney; Denton, Tx. 76201 Each incorporator resides within the City. ARTICLE TEN A resolution approving the form o: these articles of incorporation has been duly adopted by the governing body tdf the City. The date cif the adoption of such resolu- tion is August 21, 1979 A copy of the resolution is attached hereto as Exhibit "A." ARTICLE ELEVEN No dividends shall eveL be paid by the Corporation and no part of its net earnings (beyond that necessary for re- tirement of the indebtedness of the Corporation or to implement the public purpos,i of the City for which the Corporation has been created) shall be distributed to or inure to the bgnefit of its directors or otficets or any private person, firm, corporation, or asso%fation except in reasonable a.nountsjor services rendered. No substantial part of the Corporation's activities shall be carrying on propaganda, or otherwise attempt- ing to influence le,.ilat:ion, and it shall not participate in, or intervene in (including thr, publishing or distri5uting of statements), any political campaign on behrlf of or in opposition to any candidate for puLlic office. ARTICLE TWELVE If the corporation ever should be dissolved when it has, or is entitled to, any ir.tc_est i my-funds of property of any kind, real, personal, or mixed, such `ands or property or rights thereto shall not be transferred to private owner- ship, but. shall be transferred and delivered to the City, after satisfaction or provision for satisfaction of debts and claims. IN WITNESS WHEREOF, we have hereunto set our hands, this 21st day of Aq_, 1979. Incorporators THE STATE OF TEXAS , COMITY OF Lgntgw I, the undersicned, a Notary Public, do hereby certify ' that on this 21st day of AuZ,2 t 147), perserially appeared 1 before me William K. Cole Chris Hartung and Wm. ENarv. , who, each being by me first duly sworn, severally declared that thev are the persons who signed the foregoing document as incorporators, and that-the statements therein, contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year above written. Notary P lc in an for Denton County, Texas I (NOTARY PUBLIC SEAL) My Commission Expiras 94) s THE STATE OF TEXAS X COUNTY OF DENTON DEED RECOril* X KNOW ALL MEN BY THESE PRESENTS: DEDICATION 39,55 13 That UNIVERSAL DEVELOPMENT CORPORATION, a Texas Corporation, acting herein by and thru its duly authorized officer, of Denton County, Texas, does hereby dedicate unto the City of Denton, Texas, for the prupose of an extension of Windsor Drive, the following lescribed tract of :and: I All that certain tract or parcel of lan3 situated in the B.B.B. 6 C.R.R. Survey, Abstract 1.86, Denton County, Texas, being all of a certain tract deeded by J. 9. Ables, et ux to Mrs. II. D. Roberts un the 1st day of March, 1951, recorded in Volume 367, Page 607, Deed Records of said County, and being more fully described as follows: COMMENCING at the Southwest corner of said Ables tract; THENCE N. 010 20' 29" W. rL distance of 520.05 feet to the Point-of- Beginning; THENCE N. 010 20' 29" W. a distance of 80.01 feet to an iron pin; THENCE N. 870 51' 54" E. a distance of 83.32 feet to an iron pin; THENCE around a curve tj the left a distance of 190.89 feet, the chord of said curve bears `t, 810 51' 57" E., a distance of 190.54 feet to an iron pin; THENCE N. 750 52' 00` E. a distance of 531.19 feet to a:n iron pin; THENCE around a curve to the right a distance of 204.57 feet, the chord of said curve bears N. 790 18' 36" E. a distance of 204.44 feet to an iron pin; TbFNCE N. 820 45' 12" E. a distance of 103.97 feet to an iron pin in the west right-of-way of Stuart Road; THENCE S. 000 J5' 10" W. along the west right-of-way of Stuart Road a dis- tance of 80.69 feet to an Iron pin; THENCE S. 820 45' 12" W. a distance of 93.44 feet tc an iron pin; THENCE around a curve to the left a distance of 194.95 feet, the chord of said curve bears S. 790 18' 36" W. a distance of 194.8) feet to an iron pin; THENCE S. 750 52' 00" W. a distance of 531.19 feet to an iron pin; THENCE around a curve to the right a distance of 207.65, the chord of said curve bears S. 810 51' 57" W. a distance of 207.27 feet to :.r iron pin; THENCE S. 870 51' 54" W. a distance of 84.43 feet to the Point-of-Beginning and containing 2.044 acres of land. vot 978 FAcE 301 Vol 978 PACE 302 EXECUTED this the 16th day of August, 1979. UNIVERS7 DEVEl1)PNENT ORATION B Graft 11. Jaco a n, Jr., Presid9 CORPORATION ACKNOWLEDGLNENT THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personAlly appeared uRANT. H. JACOBSON, PRESIDENT, known to me to be the person and officer whose name is subscribed to the foregoing inaturment and acknowledged to me that the same was the act of said UNIVERSAL DEVELOPMENT CORPORATION, a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY H01) AND SEAL OF OFFICE, This the day of August, 1979, A.D. Notary Public, Denton County, Texas My Commission Expires: 4•l9~ r rev' AGREEDI CITY OF DEN .W -err 1 1 J -a OCT -2 11111.56 Q v Jz~ G A Q - I i v as v °ti ~ f it, t;~ . . J r4 xl', t y/ r . < i S . 5 ~ ~ ~p ps r 'll C'"`#i~ ~r~~ ' ti M .,ti.C y •,n a a 41 ~d~:..{~ fir. ~ `$:~~'~'~i'~dbr.~ ~ ~ ~ ~ i' EASEMENT VOL 978 racc 296 DEED WCOR09 305.12 PACCAR Inc (hereinafter "Grantor"), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant and convey to the City of Denton, a municipal corporation (hereinafter "Grantee") a nonexclusive easement to construct, reconstruct, improve, repair, maintain, use, operate and remove electrical power transmission equipment on the lands owned by Grantor in Denton County, Texas, which are more particularly described in Exhibit A, attached hereto and made a part hereof. This easement is granted subject to the following term, and conditions: 1. Grantor agrees to afford Grantee reasonable right of access over Grantor's adjacent premises provided same does not interfere with Grantor's operations, as necessary for Grantee to exercise the easement referenced above. 2. Grantee shall obtain all permits and authoriza- tions required by law for the use of this easement in con- struction of the improvements placed thereon. 3. Grantor reserves the right to use the premises burdened by this easement and to grant rights of use there- in to others, where such uses do not interfere with the rights herein granted to Grantee. 4. This easement is granted subject to existing rights of others in and to the premises Wiere matters of record. 5. Grantee shall maintain the easement area and its improvements located thereon at its solo expense, and shall pay any taxes assessed upon the easement and its Improve- ments located thereon. Title to the improvements constructed on the easement area by Grantee shall remain in the Grantee until terra nation of this agreement. 6. Grantee shall hold and save Grantor and its employees or agents harmless from any and all claims, actions ,.or damages of any kind which may ace-rue to or be suffered by any person or property by reason of the existence and use of this easement or the improvements placed thereon by Grantee, except those resulting from Grantor's or the Grantor's assignee's exercise of those rights retained under Para- graph 3 above. 7. All of Grantee's interests under this easement shill terminate in the event Grantee abandons this easement, or if Grantee commits a material breach of any term or con- dition in this easemenc, which breach shall not have been cured within thirty (30) days after written notice of breach has been given to Grantee. Upon termination of this easement, Grantee shall have ninety (90) days in w}•ich to remove any improvements placed on the premises by Grantee and shall restore the premises to as near its original condition as reaaona5ly possible. 8. This easement shall inure to the benefit of and be binding upon the successors, assigns, heirs and represen- tatives of the respective parties hereto. 9. Grantor hereby warrants to Grantee that it has full legal power and authority to execute this easement. Executed as of this 29th day of August, 1979. MCCAR INC - r_ l ATTESS's By I%% ,CC < Title Vice President secretary CITY DEN'TON Otto, By MOM fta~ %T LO LllJ a Q lka VMW ~ ~ va 978 29•7 67~Yf i~'ISo Exhibit Al FIRST TRACT All that certain lot, tract or parcel of land situated in the J. Davis Survey, A-326 and the E. Puchalski Survey, A-996, Denton County, Texas, being part of that called 80 acre. tract conv:tynd to PAC(`t.R Inc. from George H,pkine, Trustee recorded in Vol. 873, Page 977, on February 6, 1978 of the Deed Records of Denton County, Texas and being more particularly described as follows: Beginning at a h" iron rod for corner in the West R.O.W. line of Precision Drive and the Eat: boun- dary line of 6he above mentioned 80 acre tract and being South 0 08' E•, a distance )f 939.99 feet from the Northeast corner of said 60.0 acre tract; Ther.ce South ) 0 08' Eact with said R.O.W. line and said boundary line, a distance of 12.15 feet to a iron rod at the beginning of P. curve to the left. Thence with said curve of R.O.W. and boundary line of which has a central angle of 410 40' and a radius of 397.82 feet, a distance of 27.87 feet to a" iron rod for corner. Thence West, a distance of 64.61 feet to a iron rod for corner. Thence North, a distance of 40.0 feet to a iron rod for corner. Th~mneu East, a distance of 53.92 feet t^ the place of beginning, va 978 rAu 2~;~ i • ' ~ • , lL U Exhibit A2 -VI OCIF ,22~ ~ N f 3 „04 l4Z&N ~ 1 7n~~0 na,si~~ / - Ul 1110, . y I • k Exbibit ~3 : = = 0 A~i C) ..13 0 r 1 j~~/ , C S'±"/ ,'~--L-- JJJI--- i---_•~t!-~ . :t:.^,~ GO' I,`7'31. 5~~7~ 3 ~ 3-1. tr)itiCi i- - - - - c~ _ 47-~ I ~>S~ ~ °21.92 1 I • phi r 1 , \ Il, y FILED c iii9 (k;i -2 AM if. 56 o Ci~RiY CLfRf D hlPi ix. TEX. b+ a+ ~1~~ 39Yd ~ 1 ~~OA i y r'. s j . EASEMENT vot 9 78 PAGE 304 ;Or.4 J tiro KcoU.'i L PACCAR Inc (hereinafter "Grantor"), in consideration of the sum of one Dollar ($1.00) and other good and valuabl,) consideration, receipt of•wh4ch is herebv acknowledged, Aoea hereby grant and convey to the City of Denton, a municipal corporation (hereinafter "Grantee") a nonexclusive easement to construct, reconstruct, improve, repair, maintain, use, operate and remove electric transmission lines, consisting of support structures with necessary braces, guys and anchors, and to place and operate on or suspend from such structures such wire and other appaL%3tus nece.prry to the operation of Grantee's electrical distribution s)tLem over and on the lands owned by Grantor in Denton Count" Texas, which are more particularly described in Exhibit 1., attached hereto and made a part hereof. This easement is granted subject to the following terms and conditions: 1. Grantor agrees to afford Grantee reasonable right of access over Grantor's adjacent premises provider, same does not interfere wi';.h Grantor's operations, as necessary for Grantee to exercise the easement referenced above. 2. Grcintee shall obtain all permits and authoriza- tions required by law for the use of this easement in con- struction of thq improvements placer thereon. Grantor reserves the right to use the premises burdened by this easement and to grant rights of use therein to others, where such uses do not interfere with the rights herein granted to Grantee, 4. This easement is granted subject to existing rights of others in and to the premises where matters of record. 5. Grantee shall maintain the easement area and its improvements located thereon at. its sole expense, and shall pay any taxes assess.d upon the easement and its a~ improvements located thereon. Title to the improvements constructed on the easement area by Grantee shall remain in the Grantee until termination of this agreement. 6. Grantee shall hold and save Grantor and its employees or agents harmless from any and all claims, actions or damages of any kind which may accrue to or be suffered by any person or property by reason of the existence and use of this easement or the improvements placed thereon by Grantee, except those resulting from Grantor's or the Grantor's assignee's exercise of those rights retained under Paragraph 3 above. 7. All of Grantee's interests under this easement shall terminate in the event Grantee abandons this easement, or if Grantee commits a material breach of any term o•C C011- dition in thi% easement, which breach shall not have been cured within thirty (30) days after written notice of breach has been given to Grantee. Upon termination of this easement, Grantee shall have ninety (90) days in which to remove any improvements placed on the premises by Grantee and shall restore the premises to as near it:: original condition as reasonably possible. 8. This easement shall inure to the benofi% if and be binding upon the successors, assignr;, heirs and repro sentatives of the respective parties hereto. 9. Grantor hereby warrants to Grantee that it has full legal power and authority to execute this easement. Executed as of this 29th day of August, 1979. PACCAP ~iNC ATTEST: ~1et.l. i C....~~~ By Title Vice President e ary CITY DENTON J1,~ES By ~Title S Ci IJ ~ 1 tl VOL 978 FAu ON STATE OF WASHINGTON) ss: COUNTY OF KING ) VOL 978 PAGE 303 Before me the undersigned authority in and for sa' County a.d Stage, on this day personally appeared !ti ovt~ , known to me to be the o ce whose name is subscribed to the foregoing instru- m t and acxnowl~ldged to me that the same was the act of the said PACCAR Inc, a corporation, and that he executed the same as the act of such corporation for the purposes and considerations therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on August, 1979. Notary, -Public, in and fOnl g County, State o Washington, residing at STATE OF TEXAS ) ss: COUNTY OF DENTON ) Before me the undersigned authority in and for sail County and State, on this day personally appeared known to me to be the of cer whose 'n6e is subscribed' to the foregoing instru- ment and acknowledged to me that the same was the act of the said City of Denton, a municipal corporation, and that he executed the same as the act of such municipal 4 corporation for the purposes and considerations therein expressed, and in the capacity therein stated. GIV)3N UNDER MY HAND AND SEAL OF OFFICE, on w n ~ S, Not AryPu c, In and or Dien of n County, Stake of Texas, residing at r'I I • J Al ,KY . Exhibit Al 1 SECOND TRACT All that certain lot, tract or parcel of land situated in the J. Davis Survey, A-326 and the E. Puchalski Survey, A-996, Denton County, Texas, being part of that called A0 acre tract conveyed to PACCAR Inc. from George Hopkins, Trustee recorded in Vol. 873, Page 977, on February 6, 1978, of the Deed Records of Denton County, Texas and being more particularly described as follows: ncginning at a iron rod for corner in a curve to the left of which has a central angle of 410 40' and a radius of 397.82 feet on the Wes: P.O.W. line of Precision Drive and the East boundary :ine of the above mentioned 80.0 arse -tract and being 48.28 feet from the beginning of said curve which is South 00 08' East a distance of 952.13 feet from the North- east corner of said 80.0 acre tract. Thence in a Southeasterly direction with said curve of R.O.W. line and boundary line, a distance of 122.86 feet to a iron rod for corner. Thence Soutt 650 46' 46" West, a distance of 20.0 feet to a h' iron rod for corner. Thence South, a distance of 219.20 feet to a h' iron rod for corner. Thence South 570 33' 20" East, a distance of 24.0 feat to a h" iron rod for corner in a curve to the left of which has a central angle of 270 38'and a radius of 617.95 feet on the Northwest R.O.W. line of Farm to Market Road No. 1515 and the Southeast boundary line of the above mentioned 80.0 acre tract. Thence in a Southwesterly direction with said curve of R.O.W. ltne and a boundary line, a distance of 70.75 feet to a h' iron rod for corner. Thence North, a distance of 420.02 feet to the place of beginning. E CL 978 hAq 30 4 e e true t • meet to t8 e~bte:d• • b, ee'1~1Y toot "e orh`i~t~~Et~r1l l mete e`t eoo ENO S1 ~ yo3 c ' ~T C~,~PgO BY THE STATE nF TEXAS } C clu r:Tr or Dl;hTtlsv I:N1)l4 A11, MEN Py T11j: SE PRYS1,11TS : >t That ; afl A-1t l lril;ll rt ll)', I:Ve` l'.'II 1t.] j';!r rf ;lll•Il!lui:; , .1'urN Rd rr El IiotL, li. T. ;;chiller, ;1;: Cc~-I: e utor' rrf l.le iat+lttr of Sellryn R lvzor Sirn.lletoll and l;vflyrl Myr.or Ni-llhui!; , a', Co-Exocul Or ]f the EL;Late of ;;crlwyn P,iyzor SinyleLUrl of t,lc• County of Dolton, State of Texas, for and in cor:,;id •rat.ion of the, sum of ;'hirLy- Two Thousand Six Hunlrod flighty-four (;32,6 84.oo) Dollars to them in hand paid by Lhc• C•iLy of fafnton, 'i'fxrtr;, a Municipal Cor- poration, have oranted , sold and conveve-d , and h}r tltef~ .e try :,ents do grant, sell and convey unto the !;aid City of Dentorl, rer.,zs, a Municipal Corporation of the County of Denton, State of Texas, all that certain prol,erty describe'1 by motes and bounds as follows: All that certain lot, tract or l,,lrcei of land lying and beinrr situ- aLed in the City and County of DcnLon, St.ite of Texas, and heinrl tart of the P.H.H. C.R.R. Survey, Abstract No. 192, and alsu be- ing part of a tract of land as c•onv-vr,l from ',vella 9'urrlcr Wilk!ns and husband R. J. ttrilkinO to T. Newton Rayzor by deed dated June 7, 1955 and recorded 1.n Volume 410, T'alio 122 of the Oced to ortls of Denton County, Texas, and morn part ir•Illarl,. dr sc riberd n, fnl lows: COMMENCING at the intersection of thr north right of way line of Scripture Street with the west right of way line of P(,nnie Brae Street; THENCE north aionl the west right of %.a; linr of i )nnie Prae Street a distance of 242 feet to the poiTlL of berrinninr; same hc,ing the !nnst easterly soutlu'ast corner of Said trnwt r 7111GNCF; WosL ddonl I.hr' mosL eaStfr l)' FliIlth t)f) 1nf11ry l in- if said Lr,,ct a distance of 180 fret to a point for .1 rorne~r same' h'inrt an Inner ell corner of said tract; THENCE south along the most Sr,utlu•rly fast Ix)'lrr3ary I :rrn of sairl tract a distance of 242 CovL to a point. If)! t rnrn`r in Ihr, mirth rir;ht. of way line of Scripture Street snmc hr-irlt thr. r,r,,t s(u)tltr:tly southfast corner of said tracL; '"17%NCE west along the south I)aunrlary Iinr of 9.11(1 tract, sam•' ,Cinj the nortil right of way line of Scripture' :1trt•et ) idvtance of 21,.40 feet to a )Vint for .l corner; THENCE north 38° 45' east a distance of 12.52 feet to) a point tot a corner; THENCE north 12° 30' %cst,wl distance of 10.57 felt to the bf';'nninrl of a curve to the rir,lht whose center lif!1 north 77° lo' fast a iis- tance of 392.01 feet; THENCE northeasterly with the arc of s,,d(l cutvv to thc• t unlit central angle Is 57° 31' 58" and t.nliu; IS 392.01 feet a distance of 393.53 feet to the bc,ejineinl elf cinvo to 4.1,e loft. whose ccntor lies north 440 58' 02" west a distance of 321.07 feat; THENCE northerly with the arc of vaid r,irvf t.o Oo left, those cen- tral angle is 41" 01' 58" ancd radius i!; 321.117 feet a distance of 252.35 feet to a point for a corner in the rvist caslcrly oast boun- dary line of said tract same being the' t:r'et ri,lht of wny line of bonnie Brac Street; THENCE soutit along the most dasterly rant bnundary line of said tract same being the west right of way line of Honnic Brat- Street a distance of 367,44 fe.it to the pace of bc,iinninr and v(intainin( 32,GR4.11 square feet of land, more or less. TO HAV.1 AND '1'0 HOLD the alrovv dercrflied premix;c:n, together with all and singular , the ri(jhL:; and al,l,urtenances thereto in an}•wirc IAelOnging unto the said City of DeIlLnn , 'I'r xas, a Municipal Corporation, its nucccr::;ors and assigns forever; anal we do hereby bind ourselves, our huirs, executor:: and administrators, to warrant and forever defend all and singular the said prcmi..c;: unto the said City of Denton, Te:•:as, a ?•1wlicipal Corlxrr,ition, itw ucce,sors and ,issiuns, ,~yainsl. OVOI-} por;:on whurasocvrr lawful ly olairoinq, o.; to claim the saran or any part thereof. III:'NI,SS our II,Ind at DPlltOII, 1'vXa:;, LI.i:; LIic lay of ' 1978. SAN-A-kAY COMPANY i ~ 111; '1 F'AY?O~t PPLS I DENT A`1"PEST: f ; F:Vi l,Y4 RilY7 OJ NI 11:NIEUIS JU ll: I?A57Ukt I:l.1.IU'I"f . F.. . SCiIIIA,F:k, AS t'n- F:XF:CI"1'Uk 0' 1111: ESTATE OF SELI+YN RAYZOR SI?;C,1XT0N F:VEt,Y,y P.AYr'Ok AmmiuIS,4AS " CO-EXI:I'VTOR OFI 1111: :S-,:'ATF of S1:L14'N PAYZOP S1Nr:EETwo, THE SrATP OF' TEXAS 1 COUNTY OF DE:NTON I; BEFORE ME, the undersiilned authority, in and for giid County, Texas, on this day persunally appeared JESS NEh'TO!, PAWOR, 11kF:S1- PE:NT OF SAN-A•PAY CoMPAiIY, known to mo to ho the j,vr:(-n aml officrr whose name is subscribed to the forrcloinq instrurv-,nt and acknowledged to me that the same was the act of tho raid Sar.-A-Pay Company, and that h: executers the same as the act of such rnmC,lny for the purlxrses and consideration therein expressed, and in the capacity therein stated. GIVEN UNDi'.R MY RAND AND SFA1, or orricF, This the flay ;f 1978. _ 0 DE:NTON COUNTY, TF.:~'~9 My^.onmissfon expires the '~.4iay of 19.t -2- THE STATE OF TEXAS X COUNTY OF X DEI'ORL ME, the under,.cined authority, in and for said County, Texas, on this clay personally appear^Ll IMELN'N RAY:CSR NIENHUIS, known to mo to he the person who,;o nails- i Sul, ;1; r i hed to the fore- going instrument, and acknowledr,_d to me tlut sh(~ (_,xccutee. the saint, for the purposes and considoration therein uxpreFic;erl. GIVEN UNDER NY HAND AND SCAL OF 0I7FICC, -hi:: the da of , A. U. 1978. NOTARY P IUI,lc Ill At i) FOR COUNTY, TEXAS My Commission expires the day of 19~. X THE STATE CSI' TEXAS COUNTY of X • BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared JUNE RAYZOR ELLIOTT; known to me to be the person whose name jr. subscribed to the foregoing instrument, and acknowledged to me that she executc1d the sane for the puriaoses and consideration therein expresscxi. GIVEN UNDER MY HAND AND REAL OF OFFICE, Thiz the day of A. D. 1978. NVTARY PUP',IC 1,11 AND FOR COUNTY, TY.XAS My Commission expires the clay (if THE STATE OF 'TEXAS X COUNTY OF y' _ X BEFORE ML', the undersicjned a+rthotIty, in and for said Criunty, Texas, on thi.n day personally appeared E. J. g(:i11JJX1'v as Co-Lxtuutor of the Estate of Selwyn Rayzur Singleton. known to me to be tho per- son and officer whose name is subscribed to tIic I'oreyoirrl instrument, and acknowledged to me that he erecuted the sent, for the purposes and consideration therein expresses] and in the cajNicity tl.erein r►_.ited, GIVEN UNDER MY HAND AND SEAL OF' (.Frlt'r, This the clay of A. D. 1978. NOTARY r 1310 IN A I F'nR COUNTY, TI.XAS My Commission expires the day of , 19•' j THE STATE OF TEXAS f COUNTY OF 6EFORCtip, ~t1w u:ILier;:ilned authority, in anal for said CoUfrLy, Tcx.3c._, on this cay peraer.aliy appeared 1;VhI,YN IAWOR NILIMUI;;, as Co-izxccuLor of the i'r,tatc of Selwyn R-iyznr ?innlrtnn, kno•m to mr to he the person and officor who!w name, i, ' , subr,crihed to the forc- gaing instrument, and acknowlod.lr(i to m.- t'i,it s,hr cr.rcuted the name for the lurlx)ses and consider,t.ion therein exl res^ed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This: the ~ day of A. D. 1978. t1~O.ARY PU tLIC IN AND roll i COUNTY, TEXAS,'i My commission expires the day of , 19 1 C-110-STANDARD SALE CONTRACT Afartin Stationery Co., Dallas, 4exas THE STATE OF TEXAS , i BY THIS AGREEMENT AND CONTRACT, COUNTY OF DENTON Parties Sheppard-Darrow Trust hereinafter called Selzer, III acting thmugh the undersigned =nd duly authorized Agent, hereby sells and agrees to convey unto the City of Denton, Texas ,herCuftercalled Puech"r, the following described property: Lying and situated In the City and County of Denton, State of Texas, and bong more pa.ticularly ;escribed by metes and bounds on Exhibit "A" attached hereto, and being twc tracts of land. I Properties . I I I~ JJ II VI i~ the Burchase price is = 9,000.00 payLYe as follower Cash at closing. t%waxXXXXXXXXNGIkK1( sue; xac ra~ixar t7r~a;~xtx?ulc~cxx xa I ~ Dia~i}i~3LX~~EDGKbL~{~~kOtK~lftl~;i1GX34tWdD(r7iAxlfJii4~id{XX Terms •a mug&"KBWXXX.Kai. k)) U&ukxJyew-XKX-W XUXKUiXh}(~d4.`~7C&XYtICYdl X I!GICBKOii[fGfQi4kD4?i#jlct [±CI4~31~dihAMD~tkYfi;4irxxoff*x~x ~ i PjkQiMs to fn.niah ii[le Insurance Policy to rJd property, which alall be conveyed free and clear of any and all encumbra"a areept th„r, named herein. In acxrdance with tts terms of the Real Estate Llcen!• Act of the Slate of rem", you. u par. chaser, are advised that you should have the abstract ecvering the real state which is the svb t of this contract examined by on attorney of your own selection, or that you should be fun,'shsd Ht5 or obtain a policy of title lnsurarae. ~xD69Hk~A>bftJii y Title ruv It any title objections are made then the Seller or his Agent shall have a reaaonable time to cvra said objections and show good and marketable title. In the event of (allure to fur-~4h rood and marketable title, the purchase money hereby recelpted for Is to be revvmed to Purchaser up o the cancellation and return of this contract, or Purchaser may enforce .epecl6e performance of acme. Seller ■gme when the title objections bars bern cured, to deliver a AM sutndent Generd Warranty Deed properly conveying Wd property to toolld} Purchaser, XX VAAJ J11t~'}(~(,"*%11KJ( • eh isl=191 T~liftlXHfawirXm K!EYr~fdSJb] y x Cloaut~ # c;~isc P WW X ; xl~x j[4t!!lPlWfl7c1F1 ."XXXxxxxxxxxxANA i Taxes Taxes for the cum--it year, the current rents, Laurance, and Interest, tit any), Are to be prorated I tjjo{{ggdate oppf cx!!opqat~~ng. ~~(pp{(qp~ 0[1iD►'~Caol[Y 71~fgti b 1+~4rx~jsrol laKKAW?tt:f:iS4WNX" V1XX Purchaser agree, to pay all reasonable cost of closing. Soeeial Purchase is subject to the approval by the City Council of the City of I Conditions Denton, Texas. I Eatecuted to triplicate this 0 dal of (!Gc cJtfaOt Is 79 IVA eonntro.11 eci to tha acceptance a Seller ti/J CITY OF DENTQN,_. +A$ OU~^ra fix. ftertBi oos lies. RO o in, Co - fwXJtdtia'4Z A41 ftke"'`R' DItA OFF: Trustee SINGLE ACKNOWLEDGMENT THE STATE 01' TEXAS, COUNTY OF BEFORE ME, the undersigned authority, in and for said County,rcxns, en this (0y personally appeared _ _ . known to me to he the person uhoea name 9uh,cr6be i to the fo: rgoing Instrument, and acknowledged to me that he, executed the manic for the purposes and cons!dernlion therein expresnc'. GIVEN UNDER MY Il 1ND AND SEAL OF OFFICE, 'f)day of A.D. 19 NoLuy Public, County, Texas My Commission Expires_.. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, I BE)'ORE ME, the undersigned authority, COUNTY OF f In and for said County, Texas, on this day personally appenred known to me to be the person nh =r, nano' sul sivibr l to the foregoing Instrument, and acknowledged to me that he executed the saner for th,- purp,~s' nrd r'~rs!d, rr,l n tirr in expresnedGIVEN UNDER MN' HAND AND ,'F li OF OVVP'1', I hi, dny of A.D 19 N. t,ny Public, County, Texas }1y t'. oirn tsi.,n Expires 1 i a d O ' V { ~ gg r, ~ r +4 i V, r FIRST TRACT (EAST TRACT). All that certain lot, tract or parcel of land lying an a ng situated In the H. Sisco Survey, Abstract No. 1184, Oentcn County, Texas, being part of a 36.57 acre track conveyed by Meredith Taylor to M. C. Sheppard on May 16, 1945, and recorded in Volume 315, Page 83, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a steel pin at *;ie southeast corner of Lot 7, Block 3, Sol},mon Hills Addition said corner also being north 1 degree 58 minutes 10 secnnds east 1086.3 feet frc., the southeast corner of said 36.57 acre Sheppard Tract; THENCE south 1 degree 58 minutes 10 seconds west with the east boundary line of said 36.57 acre tract 500.29 feet to a steel pin; THENCE north 74 degrees 15 minutes 30 seconds west 136.42 feet to a steel pin on the east boundary line of wood Street; I THENCE north 2 degrees 01 :ainutes 50 seconds east with the east boundary line of wood Street a distance of 468.07 feet to a steel pin at the southwest corner of Lut 7, Block 3, Solomon Hills Addition; THENCE south 87 deqrees 55 minutes 10 seconds east with the south boundary line of Lot Block 3, Solomon Hills a distance of 132.0 feet to the place of beginning and containing in all 1.470 acres of land. 0 SECOND TRACT (WEST TRACT). All that certain lot, tract or parcel of land y ng an being situated in the H. Sisco Survey, Abstract No. 1184, Denton C^ljnty, Texas, being part of a 36.57 acre tract i,,%nveyed by Meredith Taylor to M. C. Sheppard on May 16, 1945, and recorded In Volume 315, Page 83, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a Zteel pin at the southeast corner of Lot 1, Block 4, Solomon Hills Addition, said corner being north 1 degree 58 minutes 10 seconds east 963.7 feet and north 86 degrees 50 minutes west 182.17 feet from the southeast corner of said 36.57 acre Sheppard tract; THENCE south 2 degree: 01 minutes 50 seconds west with the west boundary line of wood Street 33,5.27 feet to a steel pin near the south bank of Pecan Creex; THENCE north 74 degrees 15 minutes 30 seconds west and passing at 124.1 feet the northeast corner of a tract deeded by M. C. Sheppard to Sherman Byrd and continuing with a fence a total dl stance of 352.1 feet to a steel pin at a fence corner on the south bank of Pecz.i Creek; THENCE north 70 egraes 42 minutes 30 seconds west with the southwest bank of Pecan Creek 170.48 fee,6 to a steel pin at the sou':hern mc,st northeast corner of a 1.737 acre tract deeded by Sheppard to Kuykendall; THENCE north 44 degrees 39 minutes 40 seconds west with the west bank of Pecan Creek and Kuykendall tract 93.2 feet to a steel pin THENCE north 20 degrees A2 minute's 40 seconds west 96.3 feet to a steel pin; THENCE 6 degrees 36 Pinutes 50 seconds east 107.0 feet to a steel pin at the northern most northeast :inner of said 1.737 acre Kuykendall tract; THENCE north 82 degrees 27 minutes 50 seconds west 22.88 feet to a steel ,yin on the north boundary line of said Kuykendall tract and the southeast corner of a tract deeded by Etta Sheppard to Locklin, recorded in Volume 543, Page 661, Deed Records; THENCE north 1 degree 37 minutes 40 east with the east boundary line of said Locklin tract 179.74 feet to a steel pin on the south boundary line of Sycamore Street; TRACE' I -1- THENCE south 87 degrees 38 minutes 50 seconds east with the south boundary line of Sycamore Styreet 225.48 feet to a steel pin at the intersection of the south boundary line of Sycamore Styreet with the west boundary line of Crawford Street; THENCE south 2 degrees 01 minutes 50 seconds west with the west boundary line of Crawford Street 89.92 feet to a s~eel pin; THENCE south 86 degrees 50 minutes east with the soi:.h boundary line of Sycamore Street 50.0 feet to a stE,?l pin at the port.west corner of Lot 13, Block 4, Solomon Hills Addition; THENCE south 2 degrees 01 minutes 50 seconds west with the west boundary line of Lot 13, Block 4 a distance of ;40.0 feet to a steel pin at the southwest corner of Lot 13, Block 4; THENCE souch 86 degrees 50 minutes eas: 350.0 feet to the place of beginning and containing in all 4.906 acres of land. I r -2- C-1101-STANDARD SALE CONTRACT Martin Stationery 0),, DaTlam, Texas Jl THG; STATE OF TI<;JsA5 BY THIS AGI{l.);h4l.N l' AND CONTRACT, COUNTY OF DENTON Parties Sheppard-Datrow Trust LereinaCler called Seller, ncting through the underslgred and duly authorized Agent, hereby sells and sgreec to convey unto the City of Denton, Texas hrrelpafter called Purchrecr, the follnwiag descr bed properly: lying end ni(ua!cd In the pity and County of i.erton, State or Texas, and being more particularl; described by metes and bounds on Exhibit "A" attached hereto, and being tvo tracttA of land. FAoperties I{ I the purchase price Is $ 3,800.00 , payable as foilaMa: ('l19I1 t L'1041ny, IKXXXXXXXXXXXX06UKXI KANLXK)Uih!Wu4 NX)i XIXXNX!4h'X?4XYc V4V4X X36$tirY1 XXX~i}Sid?:XXXX}iitiXdiiWtXXKX?'AW ti};,Xkw+`fXXX Terms 'Q5X )6+1~`~EiEiQXd+d41E}{XX X X 2uWXYri[[]Hidll)7i,.'~fj.':::a~97G1i.~P41id it~~Q'i+16Y 1(!Q>•'Ii~1F1f2foY Yi(eKtbX 3115.Ylie`{t168e~IXdfibYdtRiialtXXaA6lJtta'?Gt6~6XYYdtL'~+h'31ti Pte cbaser li greestofurnirb Title Insurance Policy to said property, which el.all be conveyed free and clear of any and all eneumbn-xes ttrepi shoos ri&meJ herela, in accordance with the terms of ttie Real Estate Wrense A• t ue the State et Tests, you, as pur- chaser, are advised that you should have the abstract cocerng the rem estate %hlrh to the saoJs.ct of this contract examined by an attorney of your oun selection, or that you should be furnlahed srM or obtala a policy of tit W le Ins}u~rance. IN Title it ~ 1~1~ a.,. 1196&mm 0 If any title objections are made then the &iler or bit Agent shall hate a reasonable time to rare said objections and show good and marketable title. In the eren* sot faliure to fu,Ttlsh food and marletabh title, the purchase money hereby recelpted for Is to be returned to 1%reheser opna .!e eaaailatlon and return of this contract, or Purchaser may onforct speclEe performance of "me. Seller agrees when the title objections have been cured, to dell~yrr,,~~ yy,,~~Aet_GtnpalX Warranty Deed properly coavsylog said property to aald iurchaser, dtd[461 fe34 ~]t`6Yt I Closing i Sn'ro or v~ 16Y X exrat~tlfaltlclfa~aixf~x E 7m61i%rXYd(7QMXJkX"X X XX X XX X XVA%&gdt"KX e Taxes Tuxes for the current year, the current rents, Insurance, and Interest, (It any), are to be 4roreted to dsfa of closing. X4P~~K1<+7i~1Ea61vd41Y!IJf4iiDi14K71~:::eaiilfKllhlC Special Purchaser agrees to pay all reavanable cost of closing. Conditions Purchase is subject to the approval by the City Council of the City of Denton, Texas. Lrrocuted In triplicate this ago t4 day of LC« Qx 1p79 This ca iraM_ tebject to the aaeplance of Seller p d ~z- I TY OF DENTID TEXAS } I IAN 9 a faller, $rss 0)-Trustee . sod xa.u.~ssss~so SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, ~ BEFORE ME, tht - rideraigned authority, COUN'r1' OF In rind frr cold County, Texaa, on this duy pet imally appeared krown to uae tc he the person -.oho le name eJscrihed to the foregoing Instrument, rind acknowledged to me thnt he. executed the same for the purpose? :and consideration therein expressed. GIVEN UNDER MY IIAND AND SEAL, OF OFFICE, This duy of A.D. 19... _ N„lauy l'ublic, ..County, Texas My Commissiccc Expires SiNGL:, ACrCN0WLBDGa1ENT THE STATE OF TEXAS, ~ BEFORE ME, the in3r..raiRned authority, COUNTY OF. In and for said County, Texan, ear this dny pers,mully a;~r,oared known to -,le to be th'. perw„n l I" t' 1 nr fol. W."n nr Inctrummnt, nr%1 acknf,wledgod to me that he exYiptod ta' Ca rt'P foI II", I u p I f.. '.rv14'r.! tln'l, .n eapn'M~U"! GIVEN l1NDFR MY HAN[) AND ~l% s IF CIF F le Thi. 11sy of A.fl, 0 N'~tnly Puldir, CLn:atr, Texas My t'nltl Rl ~ : ,i1 F:x' ilex i I ; I~ I''I k I ~ Plot V A, .,4 r t♦ rir~ara~a~r rrr~ lassic r . r`r4 , . FIRST TRACT (WEST TRACT). All that certain lot, tract or parcel of land lying and being situated in the H. Sisco Survey, Abstract No. 11849 Centon County, Texas, being part of a 36.57 acrg tract conveyed by Meredith Taylor to M. C. Sheppard on May 16, 1945, and recorded in Volume 3159 Page 83, Deed Record., of Denton County, Texas, and 'jeing more particularly described as follows: BEGINNING at a steel pin at the intersection of the north boundary line of Prairie Street with the west boundary line of Wood Street, also being north 0 degrees 58 minutes 10 seconds east 94.45 feet and north 87 degrees 44 minutes 35 seconds rest 182.74 feet from the southeast corner of said 36.57 acre Sheppard Tract; THENCE north 87 degrees 46 minutes 35 seconds west with 'he north boundary line of Pr33rie Street 242.7 feet to a corner In the middle of a branch, also being the southeast corner of a tract deeded by M. C. Sheppard to Sherman Byrd; THENCE north 15 degrees 02 minutes 50 seconds east with said branch 56.69 feet to a corner; THENCE north 22 degrees 41 minutes 40 seconds east with said branch 119.2 feet to a corner; fHENC'E north 37 degrees 26 minutes 20 seconds east with said branch 119.5 feet to a corner at the northeast corner of d tract deeded by M. C. Sheppard to Sherman Byrd; THENCE south 74 degrees 15 minutes 30 seconds east 124.1 feet to a steel pin on the west boundary line of Wood Street; THENCE south 2 degrees 01 minutes 50 seconds west with the west boundary line of Wood Street 235.97 feet to the place of beginning and containing in all 1.151 acres of land. SECOND TRACT (EAST TRACT). All that certain int, tract or parcel of land lying and a ng situated in the H. Sisco Survey, Abstract No. 11840 Denton County, Texas, being part of a 36.57 acre tract conveyed by Meredith Taylor to M. C. Sheppard on May 16, 1945, and recorded in Volume 3.1,59 Page 83, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a steel pin at the southeast corner or said 36.57 acre tract on the south boundary line of the H. Sisco Survey; THENCE north 87 degrees 42 minutes 30 seconds west 190.0 feet to a steel pin near a fence on the south line of said tract and said sirvey line; THENCE north 1 degree 58 minutes 10 seconds east: 346.23 feet to a steel pin on the south boundary line of East Prairie Street; THENCE north 87 degrees 46 minutes 35 seconds west with the south boundary line of Prairie Street a distance of 57.21 feet to a steel pin r,t the intersection of the south boundary line of Prairie Street with the east boundary 'Line of Wood Street; THENCE north 2 degrees 01 minutes 50 seconds east with the east boundary line of Mood Street 271.95 feet to a steel pin at Pecan Creek; THENCE south 74 degrees 15 minutes 30 seconds east 136.42 feet to a steel pin on the east boundary line uf said 36.57 acre !.ract; THENCE south 1 degree 58 minutes 10 seconds we!t with the east boundary line of said 36.57 acre tract 586.51 feet to the place of beginning and containing in all 2.290 acres of land. TRACT 11 BAt BOA INSURANCE COMPANY 630 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 97660 2013 GPA GENERAL POWER OF ATTORNEY NUMDER VALID ONLY IF IN RED AnowAll Alert by 171ese Presents, 'ihat BALBOA INSLIRANC E COMPANY, a corporation duly organl•:d and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, dyes by these presents make, constitute and off_ ___andState of_ - I T a 5 T ex a 5 - its true and lawful Altnrney(s)-in Fad, with full power and authority hereby conf-trn,d i- i.s name, place and stead, to execute, uciuowledge and deliver CONTRACT BONDS S.U.A, Guarantee Agreements MAXIMUM PENALTYY 249-9,999.J9 IITHISPOWER OF_ATTO_RNEY___'A~L TERMI IUf_~ OF 0-FURTHER EFFECT AFTER DECEMBER 31 , .1979'1 and to bind the Company thereby as fully and to the same extent .,s if such bonds were signed by the President, scaled with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorncyls) In•Fa:1 may do In the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March. ISh2. "Be It Resolved, that the P-esident, any Vicc-Presidcnl, any Secretary or any Assistant Secrcta ry shall be and is hereby sested with full power and authority to appoint any one or more suitable persons is Attorneyfspin Fact to rci,resent and act for and on behalf of the Company subject to the following provisions "Section 1. Allorne'V411-1'os7. Attorney-in -Fact may be given full power and authority for aid in the name of and on behalf of the Company, to execute, acknowledge and dcliser, any and all bonds, recognirances, contracts agreement of icdemnity and other conditional or obligatory undertakings and any and all notices vnd docununti canceling or Icrminaling the Company's liability thereunder, and any such instruments so executed by any such Altorney-in Fast shalt be bindi Ig upon the Company as If signed by the President and sealr d and attested by the Corporate Secretary." aused these presants to be signed by ils-ExacuLi>!e_Vi I Prpc i dent and its corporate seal tnb____ dayof__AU9YSL-_- A D., 191$ In W1lness Whereof Balba-dA BALBOA INSU NU (0 PA i r 1 By, State of Californla CoLfity of Orange On this 11th A. D., 19 7A,before mepcrsonallycame~JgCk _H. TYdQD 10 me mown, who, being by me duly Sworn , did depose and say, that he re-ldcs in ~i-si4 n Vi Q,10 a L II 1 1 f o r n i a thatheisExecutiye Vice Pre0den~fBALBOAINSUP.ANCECOMPANY. thecumpanydoScribed Inandwhich raecuted the shove instrument; that he knows the seal clsaid Company; that the seat affixed to sold instrument Is such olorp.Kate seal; that it was to affixed by order of the Board of Directors of said Company; and that Ise signed his nsrrsed thereto by like order. OFFICIAL SEAL ELAINE STEVENS FPIW,k TARY PUBLIC CALIFORNIA Nolwy Pudic PRINCIPAL OFFICE IN ORANGE COUNTY n Expires J uly 16, 1976 I,IIIIIVIW WWyy,yl 1, the undersigned Secretary of Balboa Insurance Company, hrrsby certify that the stove and foregoing is a full true and cored copy of the Orlglnal Power of Attorney Issued by sold Company, and do hereby further certify that the said PoAerof Attorney is still In force and effect, And I do hetcby further cert;fy that the Certification of this Power of Attorney Is slgnel I and scaled by facsimile under and by the authority of the fullowing resolution adopt d by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 1972, and that acid resolution has not been amended or repeated: IIEESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the sesl of this Corl)oration, may be affxee. or printed by facsimile to any certificate to a P wer of Attorney of this Corporation, and that such printed f.aimite signature and acad shall be valid and binding upon this Corporation." GIVEN under by hand and the seal of said Company, at Newport Besrtt, Callfnrnla, this- day of !9la6r~ $CCrCf4ry saaaxastax~ar f~ ~ r • ~ I aC ~ ~9 b' FILED-,216 '76 STATE OF TEXAS ) SS. ! i9 ~,uu -2 PN f: 58 COU74TY OF DENTON ) c . IJ rfz. EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS that the undersigned, DENTON MALL COMPANY, a Texas limited partnership, having an office at 1712 North Meridian Street, Indianapolis, Indiana 46202, (hereinafter referred to as "GRANTOR") for and in con- sideration of the sum of one and 00/100 Dollars ($1.00) in hand p+iid, the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby GRANT, PARGAIN, SELL and CONVEY UNTO THE CITY OF DENTON, IN DENTON COUNTY, TEXAS, a municipal corpor- ation, as a part of its utility control and distribution system, its successors and assigns (hereinafter called "GRANTEE"), an easement over, upon, under and across the real astate located in Denton County, Texas, described in Exhibits "A" and shown on Exhibit "B", both of which are annexed hereto and made a part hereof (said real estate located within the easement hereinafter being rcfcrre3 to ag tha "Faaement area") for the purposes of laying, installing, constructing, maintaining, operating, inspecting, altering, replacing and removing sub- su::jce distribution lines and conduits for water, sewer, electrical and telephone utility service, to servo com-norcial r.ustomers who conduct businesses on lards of Grantor an6 othors, said lands to comprise what is to be known as the Golden Triangle Mall Shopping Center in the County of Denton, State of Texas. It 1.9 understood and agreed that the easements doacxibed in Exhibit "A" and shown on Exhibit "B" are solely for the purpose of granting to the Grantee ease-dntd to lay, install, construct, maintain, operate, inspect, alter# replace and remove said distribution lines .ind conduits, except that Grantee shall have the right to excavate and perform necessary work upon the surface of the easement areas as and wl•.r regrired to install, repair, replace, remove and relocate such eleoLric distribution lines and conduits. Grantee shall not erect, install or maintain any structures or improvements on the surface of the easement area described in Exhibits "A" and "B", except that Grantee may install, operate and maintain such fixtures and equipment on the surface areas of the ease- ments an may be necessary to provide electric, water and sewer service to the aforementioned commercial customers, including but not limited to transformers, switches, power factor correction equipment, meters and manholes, provided that any such surface fixtures and equipment shall be installed and maintained on the easement areav in such a manner and at such locations as not tc unreasonably interfere with the use and enjoyment of the surface of the easement areas by Grantor and i its successors, assigns, tenants and invitees, ror shopping center buildings, driveways, roadways and parking of motor vehicles within the shopping center located on the real estate owned by Grantor. Grantee's sunsurface lines and conduits shall be buried to such a depth below the surface so as not to interfere with Grantor's permissible use of the r)urface area of the easement. Grantee shall have tho right to ingress and egress over, upon and across any driveways and roadways located on the surface of the lands owned by Grantor upon and within the boundaries of which the easement area is located, for purposes of access to the easement area. Grantee also shall have the right from time to tima to cut and remove all treos, under- growth and other obstructions within or immediately surrounding the easement areas which may injure, endanger or interfere with Grantee's use and enjoyment of the easements granted herein, all of which work shall be done at Grantee's sole coat and expen.ie. Grantor shall not, without the prior written consent of Grantee, erect or maintain any permanent structures or improvements up)n the surface of the easement areas or perform -2- any act which would impair or interfere with Grantee's use and enjoyment of the easements herein granted; PROVIDED, HOWEVER, notwithstanding anything to the contrary herein contained, Grantor expressly reserves the right to pave the surface of the subsurface easement areas with porous asphaltic or other suitable hard surface paving material, and to use the same for the parking of motor vehicles and for driveways, roadways and sidewalks, and for othP•. purposes which will not interfere with Grantee's full use and enjoyment of the sub- surface easemene rights hereby granted. If the surL4ace of the easement areas or any improvements are disturbed by Grantee at any time and from time to time b the installation, repair, maintenance, removal, replacement or other work in connection with said distribution lines and conduits, Grantee at its sole cost and expense, shall repair and restore the surface of the easement areas or the improve- ments to substantially the same condition which existed immediately prior to any such disturbance, including, without limitation, any and all i.?cessary repairs and replacement of pavement which may be removed and excavated by Grantee in the course of doing any such work within the easement areas. Any work done by Grantee upon or within the easement areas at any time and from time to time shall be done at such a time and in such a manner as will cause a minimum of interference wit% the buafnesa being conducted by Grantor in the shopping center upon its land surrounding and adjoining the easement areas, but nothing herein contained shall prevent or prohibit the Grai.tee from performing any of its work during normal and customary daylight business . .jrs, The Grantee shall, at the request of the Grantor, at any time, and from time to time, remove its distribution lines and conduits and other facilities from the easement area and release and quitclaim the easement to the Grantor, provided that ?:he Grantor furnishes the Grantee an equivalent easement J -3- which will poxmit the continuation of utility service to ` customers other than Grantor whose service may be dependent upon the easement granted herein on the same terms as heroin at another suitable location on Grantor's said , nd, and provided further sueb relocation of the lines and condu.lts shall be at the sole cost and expense of the Grantor. It is understood and agreed that the same or similar easements and rights to use the easement area as are hereby granted to Grantee hereunder also have been or will be granted by Grantor to one or more other public utilities or municipal corporations or authorities for the purposes of laying, install- ing, constructing, maintaining, operating, inspecting, alterinn., replacing and removing subsurface lines, pipes and conduits i. common with Granter,: hereunder on the same or similar terms, and that to this extent the rights of Grantee hereunder shall be non-exclusive and joint and mutual with the rights of any such other grantees, and that Grantee shall have the non-exclusive right to use the easement areas in common with each such other grantee for such use and purposes. The Grantov hereby reserves the right to grant easements to other utilities or services which may intersect or transect the easements granted hereunder. Any easement granted to a utility or service intersecting or transecting the easements granted hereunder shall be subject to the rilhts of Grantee herein, and shall not be incompatible with, or interfere with, the continuing use of the easements granted hereunder. TO NAVE AND TO HOLD unto Griintee, its successors and assigns, so long as the rights an,9 easements herein granted shall be used by Grantee for the express purposes and upon the terms and conditions specified, with ingress to an3 egress from the easement areas, for the purposes of constructing# installing, repairing, maintaining, replacing and removing th- facilities of Grantee hereic: described, but avibject to all liens, encumbrances, restrictions and prior easements of record, -4- PROVIDED, HOWEVER, notwithstanding anything to the contrary herein contained, the rights and easements herein granted shall be releaser and vacated by Grantee upon ceosation by Grantor of the use of its land surrounding and adjoining the easement area as a shopping center, unless Grantee reasonably requires the continued use and maintenance of either easement as part of its distribution systens for continuation of utility service to customers, other than Grantor, whose service may be depeneent upon the easements granted herein. It is understood that these easements are granted primarily for the purpose of furnishing utility service to the shopping center buildings located upon the Grantor's land. Grantee shall indemnify, dQfend and hold harmless the Grantor, its successors and assigns, from and against any and all loss, cost, damage, expense, liability, claims, demands, actions and causes of ection arising out of or resulting from Grantee's use and enjoyment of the easements and the installation, maintenance and operation of said lines and conduits by Grantee, including, without limitation, any and all claims And actions for personal or bodily injury, including death, f- any persun, and damage to the property of any party. It is agreed that this grant covers all the agreements between the parties and that no representations or statements, verbal or written, have been made modifying, adding to or changing the terms of this agreement. This instrz,ment shall be binding upon the parties, their successors and assigns. IN TESTIMONY WHEREOF, the Grantor herein has executed this conveyance this 'ErIll day of %Jt 1979. DENTON MALL COMPANY, a Texas limited paJpGeneral rship By De n ~velopea Texas limit par era Partner By i enera Partner ACC"TED AND AGREED TOi CXTY OP DENTON, i . STATE Oe INDIANA ) I Sp: COUNTY OF MARION ) BeforeNme, a Notary Public in and for raid County and State, on this day personally appeared {PAioA t known to me to be a general partner in Denton Developers, a Go.,arai Partner in the limited partnership whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act o'. DENTON MALL COMPANY, a Texas limited partnership, and that he executed the same as the act of said partnership for +:he purposes and consideration therein expressed, and in the capacity therei,: stated. Given under my hand and seal of office this a~01fd ay of 1979. T~ Notary fuTiCic My Commission Expires: NintyA. Ryan All Comm'ss;on fxplres: September 6, 19U County of Rtsdencc h!uaa County o Res Bence - STATE OF TEXAS ) SS: COUNTY OF DENTON ) Before me, a Notary Public in and for said lCotrity and States, on this day personally appeared J/~! known to me to be the 8~'_ whose, name is subscribed to the foregoing instrument and acknowledgeed to me that the same was the act of the City of Denton, Teexas, a icssnicival corporation, and that he executed tee same as the act of said municipal corporation for the purposes and consid- eration therein expressed, and in the capacity therein stated, Given under my hand and seal of office `his AAIW day of ~r 1979. o ry u o My Commission Expiresi ~ M , m CARTER BURGESS, INC. ENGINEERS • PLANNERS „ 7100 MACON STREET, FORT WORTH, TEXAS 76102 (817) 335.7&11 CENTERLINE DFSCRIPTION FOR UTILICY EASEMENT NO. 1 FIELD NOTES FOR A STRIP OF LAND 16,0 FEET IN WIDTH OUT OF THE J. W. McGGYAN SURVEY, ABSTRACT NUMBER 797 AND THE J. S. TAFT SUFir'J. , ABSTRACT NUMBFIi 12569 DDiTON COUNTY, TF.ICAS, SAID STRIP OF LAFiD BEING A PART OF A TRACT OF LAND CONVBfED TO DENTON MALL COMPANY, BY DEED RECORDED I:! VOLUME 858, PAGF, 211, DENTON COUNTY DrM RECORDS, THE CENTERLINE OF SAID RTRTP OF U!,D BFINC MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR RFFERF_'iCE at the intersection of the northerly right-of-vay line of State Righway Loop 288, and the vester'-y right-of-way line of Colorado Blvd., said intersection point being the most easterly southeast corner of said Denton Mall C,.;,pany Tract, said point also being the beginning of a curve to the :Frht whose radius is 850.0 feet and whose long chord bears N 06° 34' 54" W, 365.45 feet; TF-INCE along said curse to the rir,ht and along, said westerly right-of-vay line of Colorado Blvd., in a northerly direction through a central am'le of 24" 49' 39", a distance of 368.32 feet to the FOINi-r OF BEGINNING of EASE-. T NO. 1; THENCE S 780 31' 18' W, 137.2 fret to Point 1-A; TFESCE S 78" 31' 18" W, 20.0 felst to a point; TF.n4CE N 110 28' 42" W, 9.0 feet to Point 1-,", THENCE N 11° 28' 42" W, 330.0 feet to a point; THENCE N 220 20' 41" E, 129.13 feet to Point 1-0; THENCE N 220 20' 41" E, 89,4 feet to a point= TFMCE N 110 28' 42" ii, 155.0 feet to %he POINT OF ThRHINATION; A1%D IN ADDITION PEGINNING AGAIN AT POINT 1-Ai THENCE N 11° 28' 42" W, 10.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 141 TNENiCE N 67° 39' 19" W, 70.0 feet to the POINT OF TFR4INAT204; AIM IN ADDITION BEGINNING AGAIN AT POINT 1-B; Page 1 of 2 5/31/79 C8B No. 77349-01 Rev. 6/12/79 v, 1 , t f VT: EXh1B(T.~ _ W i ~ J x' ' ~ ri i 'rte ~ tr°'RM.Y ~t F111r 't.~' } S 1 • 1 I r v a i, , u. ~ 6 1 {tI~ 1 ~}~f2'~>i, 47}Q ,t3N' '"?frtiwt Fk yggry+~ "5~. ~ 1~ -F ;?~r~I. ~/,y ..fit,( ~t t y4v .1 Rv 1 , T 44 f!. e~,~(f~~,, _4 ,•~t'lq' : ~'r.7,i N' ~ vdiat ,~.~il,Y;t.F S . THENCE S 78° 31' 18" W, 268.5 feet to a point; THENCE S 110 28' 42" E, 5.0 feet to Point 1-D; THENCE S 11° 28' 42" 28.0 feet to Point 1-E; THENCE S 11° 28' 42" E, 5.0 feet to Point 1-F; AND IN ADDITION BEGINNING AGAIN AT POINT 1-D; THENCE S T80 3l.', 18" W, 1T.0 feet to the POINT OF TMWATIO,`I; AND IN ADDITION BEGINNING AGAIN AT POINT 1-P; THENCE N 65° 06' 48" E, 254.44 feet to a point; THENCE IT 11° 28' 4211 W, 280.0 feet to the POINT OF TERMIAI ION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and :orrect to the best of my knowledge. WITNESS MY HAND AND SEAL this the 2nd day of May, 19790 A.D. 1,.,tE~C^4TE BURG , INC `.f... -.J•• ii F~ ►4 CAR (K •0 ..ti . AR 'P% 'f 6614 Registered Public Surveyor f . S/31/To C&B No. 77349-01 Page 2 of 2 k' 5 J i " f r . 'r a r . 4 i'~~~I •.r''~i,• {~aY~fOtg¢(~. F f ,S- ,~r{•/L,1• ~ r•-! I rt Y~'• ~ ~ia a~ r, 'r y i CARTER & BURGESS. INC. ENGINEERS - PLANNERS 1100 MACON $1RI(T1 FORT WORTH, FFXAS TbI02 III?) )]%•7611 CV-TERLINE DESCRIPTION FOR UTILITY EASF'•SENT NO. 2 FIELD NOTES FOR A STRIP OF LAND 20.0 FEET IN WIDTH, OUT OF THE J. W. MC30WAN SURVEY, ABSTRACT NUm3m 797, DF.NTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYFII TO DE =N MALL COMPANY, BY DEFD RECORDED IN VOLME 858, PACE 2119 DENTON COUNTY DEM RECORDS, THE 'CENTERLINE OF SAID STRIP OF TXND B^I;iG YORE FkirICULARLY DESCRIBED AS FOLLOtiS: BEGINNING FOR RFFERENCE at a point in the northerly right-of-vay line of Interstat: Highway 35E, said point being the most northerly southwest corner of said Lenton Mall Company Tract; TFI;CF. N 480 091 W, along said northerly right-of-way line, 131,82 feet to a point; re--NCE 41° 51' E, leaving said northerly right-of-way line, ?99.84 feet to a point; THENCE S 78° 31' 13" W, 5.73 feet to Point 2-F, the POINT OF BEGINNING of FASMErT NO. 2; THt?ICF. N 780 31' 18" E, 5.73 feet to Point 2-F.; THENCE N 780 31' 18" E, 2.27 feet to Point 2-D; Th'RNCE N 780 31' 18" E, 249.5 feet to Point 2-C; TX%%-'1'CE N 55° 57' 41" E, 18.0 feet to Iioin'c 2-B; THENCE N 55° 5T' 41" E, 236.54 feet to Pofat 2-A; THENCE N 55° 57' 41" E, 40.0 feet to a point; THENCF N 11° '8' 42" W, 242.17 feet to a poii,•„; THENCE N 780 All 18" E, 270.5 feet to Point 1-E, the POINT OF TERMINATIO41 AND IN ADDITION THE FOLLOWING 16.0 FEET WIDE STRIPS OF LAND; BEGINVIN4 AGAIN AT POINT 2-D; THENCE 9 110 28' 42" E, 60.0 feet to the POINT OF TER''SINATION; AND IN ADDITION BMINNING AGAIN AT POINT 2-C; THENCE S OV 04' 45" E, 193.55 feet to Point 2-0; THENCE S 360 14' 56" E, 87-78 feet to the POINT OF TERMINATIO41 AND IN AD=10N MIMING AGAIN AT POINT 2-0; Page 1 of 2 5/31/79 CiB No. 017349-01 Hey. 6/12/79 ,~~~~J~4: 1'i'!"',y, t':y 't~{n.. n t, ""+e. .ti iF' 't".'t, `~K ` tt.• v s= , w 'S> r M 1:ril+bf.. r J I r~ n• + 1 t t : ct r r 'rta' hK Y t, 3 yr T I*t ~ J~ l THENCE S 70° 44' W, w, 55.85 feet to the POINT OF TEEL%MIATION; AND IN ADDITION AEGINNINC AGAIN AT POINT 2-A; THE.*!CE S 340 02' 19" w, 25.0 feet to the POINT OF TERMINATION; • AND IN ADDITION BEGINNING AGAIN AT POINT 2-A; THENCE N 340 02' 19" W, 18.0 feet to the POINT OF TERMINATION. 1 HEREBY CERTIFY that these field notes w:re prepared by computations and an actual survey made on the ground ,,nd are true and correct to the best of my knowledge. WITNESS MY AND SEAL this the 2nd day of May, 1919, A.D. OF Ty~r•"' . ts~~~ CARTER BURGF INC A • .r •I 6514 o~I,!va~ H. CARTER ~ Q~'Fcrste Registered Public Surveyor Page 2 of 2 5/31/79 C&D No. 77340-01 F 10 r y` 7rJ , »,1, Y~,.,«~-" ~ .e~~~`t r ° '~T3, ~Et~•1M ~yY ~,p2 ~(.y'A~'ya'~4~v~ rhY'/y,Y7R~kq b.y., 1 y r ;4 j• w ny L, txY f) -a~' r I'' Y 4 " ¢I Y.~fi • 1"~• i F~eaaE>a • CARTER BURGESS, INC. ENGINEERS - PLANNERS 1100 MACON STREET, FORT WORTH. TEXAS 76102 (i17) 13S•7611 DESCRIPTION FOR • UTILITY EASE?f a NO. 3 BEING A PARCEL OF LAND OUT OF THE J. W. MCGOWAN SURVEY, ABRTPACT MMER 797, DEIITON COUNTY, TEXAS, SATD PARCEL OF I.A-"TD BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DUD RECOADFD IN VOLtME 858, PAGR 211, DE:NTON COTjxrl DEED RECORDS, SAID PARCFT.., OF LAND bZ1170 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-way line of Interstate Highway 35E and the southerly right-of-vay line of San Jacinto Blvd., said point being the northwest corner of said Denton Mall Company Tract; THENCE. N 41° 51' E, along said southerly right-of-vay line, 81.39 feet to a point; THENCE N 780 33' 45" E. leaving said southerly right-of-way line, 368.35 fe-t to a point; THENCE N 110 28' 42" W, 8.34 feet to a point; THENCE N 780 31' 18" E, 544.68 feet to a point; THE?ICE N 110 281 42" W, 13.5 feet to the POINT OF P1201%NINO of EASEU.NT NO. 3; MONCE IT 780 31.' 18" E, 6,43 feet to a point; THFSICE N 330 31' 18" E, 65.28 feet to a point; THENCE N 780 31' 18" E, 65.8 feet to the beginning of a con-tangent curve to the left vhcse radius is 60.0 feet.aneA whose long chord bears N N 01° 54' 1511 E, 27.77 feet; TMM CE along said non-tangent curve to the left in a northwesterly direction through a central angle of 260 45' 54"1 a distance of 28.03 feet to the end of said curve; THENCE N 780 31' 18" E, 25.0 feet to a points THENCE S 110 28' 42" E, 37.02 feet to a point; TFL':IICE S 780 31' 18" W, . 7,0 feet to a point; THENCE S 11° 28' 42" E, 44,0 feet to a point; Ti=-CE S 78° 31' 18" W, 16.0 feet to a point= THENCE N 110 28' 42" W, 40,0 feet to a point; TRENCF S 33° 31' 18" We 76.37 feet to a points THENCE N 780 31' 18" Do 14,0 feet to a points TMCE S 110 28' 42" 21 45.17 feet to a point; THENCE S 780 31' 18" V, 50.17 feet to a point; Page 1 of 2 6/1/79 M No, 7734,.1-01 ~.5^._ 'fs ~ « ~ A ,ti ' ih . 4y'•~y •1 ♦ ' "~R~E 1 ~i;, •..ie a. i' r ~...~rf t.{i y, It ' NIJYM 4 a' r TFEENCE N 260 28' 42" W, 28.78 .feet to a point; TFWNCC 11 560 28' 42" W, 17.26 feet to a point; TMCT E 760 31' 18" W, 20.0 feet to a point; TWCE N 110 28' 42" W, 27.0 :eet to the POINT OF P.EGINNING. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the 2nd day of Hay, 1979, A.D. '+y f*t of . .rF'~FE+ TARTER b URG S, IN {A E. CARTER istered Public Surveyor 6614 IW~~ f9p~ Qf~'iStCa~%s Page 2 of 2 1,/1/79 CAB No. 77359-01 e f p A4~ - i 7 n Yww.. [ tf"t'. M N a ,,ilAh t } ` 1 rr . 'at l Ybt . t '.1 '~t"~ '~r r 1st / f''1 IK..F ~,M1 1w Y'r'. »+~'N rLr IF 1i.a/.!]f( I +qy.,, (.Fi. j{/pY 1 M~y`.yg{I~yy~~'~, y + ' 1 /r5~ i f 1 T. 'a,1~,IS 4•\•' .V, ' T r~ ~i CARTER & BURGESS, INC. ENGINEERS • PLANNERS 1100 MACON STREET, TORT WORTH, TEXAS 76107 (117) 71S-7611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 4 FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN WIDTH OUr OF THE J. W. McGOWAH SURVEY, ABSTRACT NINRER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858. PAGE 211, DENTON COUNTY DE'rI) RECORDS, THE CF21TERLINE OF SAID STRIP OF JAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWST BEGINNING FOR REFERENCE at a point in the northerly right-of-way line of State Highway No, 35E, said point being the most northerly southwest corner of said Denton M,sll Company Tract; TIMITCE T1 480 00' W, along said northerly right-of-way line, 131,82 feet to the POINT OF BEGINNING of EASEMENT N0. 41 THENCE N 410 51' E, 299.84 feet to the POINT OF TERKINATION. I HEREBY CERTIFY that these fleld notes were prepared by computations and actual survey made on the groufld and are true and correct to the best of my kr;owledge. WITNESS MY HAND AND SEAL this the 2nd day of May, 1979, A.D. OF ~p.......Tf~~[ CARTER &A GESS, IN (!A ff,I' d H, r•AtT(R ~ r., E X CARTER 11IN't, J~tstered Public Surveyor 5/30/79 r•; C&B No. 77349-01 y. r r ,Irk q0#00"M 10, f CARTER & BURGESS, INC. ENGINEERS • PLANNERS 1100 MACON STREET, FORT WORTH, TEXAS 76107 1617) 33S•1611 CENTERLINE DESCRIPTION FOR UTILITY EASE14FNT NO. 5 FIELD NOTES FOR A STRIP OF LAND 25.0 1'EFP IN WIDTH OUT OF THE J. W. MCGOVAN SURVEY, ABSTRACT NO. 797, DENTON COUNT:, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL C014PAIIY BY DEED RECORDED IN VOLUME 858, PAGE 211. DENTON CoUI47Y DEED RECORDS, TJE ^_E'7TERLIN`r nF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at a point in the northerly right-of-sray line of Interstate Highway 35E, said point being the most northerly southwest corner of said Denton Mall Company Tract; THENCE N 480 09' W, along said northerly right-of-way line, 131.82 feet to a point; THENCE N 41° 51' E, 299.84 feet to a point; THENCE S 780 31' 18" W, 5.73 feet to the POINT OF BEGIItNINO of EASEdENT _ Nn. 5; TMM CE N 11° 28' 42" W, 289,0 feet to Point 5-A; THENCE 11+110 28' 42" W, 50,0 feet to POint 5-B; • THENCE N 110 28' 42" W, 7.1T feet to Point 5-C, the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 5-A; , THENCE S 780 31' 18" W, 17.5 feet to the POINT OF TERMINATION: AND IN ADDITION BEGINNING AGAIN AT POINT 5-B; THENCE N 780 31' 18" E, 75.0 feet to the POINT OF TFRMINATI0'1. I HEREBY CERTIFY that these field notes were p,^epared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY NAND AND SEAL this the 2nd day of May, •i, A.D. r .Ov.... CART GSS :NC. .,1~ H. CARTER 33 , e r 4~,^ gs66tt Registered Public Surveyor %art` ` 5/31179 • ChB h'.,. 77349-01 4 ' r t. tl I . L 1 ' 1 < ■ ii■ rr A CARTER & BURGESS, INC. ENGINEERS I PLANNERS 1100 MACON STREET, FORE WORTH, TEXAS ?6102 (E1?1 3IS•2611 CV1TFRLINE DESCRIPTION FOR UTILITY EAsEmENT N0. 6 FIELD NOTES FOR A STRIP OF LAND 23.0 FEET IN WIDTH OUT OF THE J. W. MCGOWAN SURVEY, ABSTRACT NUMBER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LA-TD BEIN3 A PART OF A TRACT OF LAYD CONVEYED TO DENTON MOLL COMPA2rYt B! DEED RECORDED IN VOLTiW 8589 PAGE 211, DENTON COUNTY DEED RECORDS, T =r CE'.7MLIYE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR RE'fr-NCE at a point in the northerly right-of-way line of Interstate Highway 35E9 said point being the ?.lost northerly southwest corner of Denton Mall Company Tract; THENCE N 480 09' 111 along said northerly right-of-way line, 183.82 feet to a point; THENCE N 450 10' W, continuing along said northerly right-of-vay line, 300.4 feet to a point; TM. CE N 48° 09' W, continuing along said northerly right-of-vay line, 258.5 feet to a point, T1[r,%CE N 170 281 42" N, 52.51 feet to the POINT OF BEGItir;n;G of EASOU-= No. 6; THENCF, N 780 31' 18" E, 141.0 feet to Point 6-1,; TM;CE N 78° 31' 18" E, 423.62 feet to Point 6-B; r THENCE N 780 31' 18" E, 6.38 feet to Point the POINT OF TERMINATION; AND IN ADDITION A 16.0 FOOT WIDE ST M OF LkND BEoINNINO AT POI.f'T 6-A;, THENCE N 110 28' 42" W, 80.0 feet to the POINT OF TERMINATION; AND IN ADDITION A 25.0 FOOT WIDE STRIP OF LAND B£GINN.'=0 AT POINT 6-B; THENCE N 110 28' 42" W, 55.83 feet to the POINT OF TERMINATION; AND IN ADDITION A 25.0 FOOT WIDE STRIP OF LAUj BEING 8.0 FEET NORTH AND 17.0 FEET SOUTH OF M YZLOWINO DESCRIBED CVITERLINE.- THENCE N 78° 31' 18" E, 47,0 feet to Point 6•-C; AND In ADDITION A 16.0 noT vmE STRIP OF LAND BEGINNi* AT POINT 6-C; THENCE N 760 31' 18" E, 38.83 feet to the POINT OF TERMINATIOY; AND IN ADDITION A 25,0 FOOT WIDE STRIP OF LAND BEOINNING AGAIN AT POI11T 6-A; THENCE S 110 28' 42" E, 15.0 feet to the POINT OF TERMINATION. r 5/3.1/79 Pare 1 of 7 ,'r1 r fly- ~r.a ,t .,t~~~ ~ if ~ la~~ krir • J1 r4S7Akey ~ y~ °;y., Utility Easement No. 6 (continued) JEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the 2nd day of MaY~ 19 9, A.O. ~ttE of l~T''i CARTER BURGESS, INC. . 6. f " L H CAATtk i t..r H. CARTER 6614 Registered Public Surveyor k r ~ s n~ w , . . r; .t J't,4 ,'tl•' fl; ~~i.h Y, `T i~1 ~ i4i -~'JJ'S ti~ c .Pi~"YY~It~S JF}.r yaT~} H-00F CARTER & BURGESS, INC. ENGINEERS • PLANNERS 1100 MACON Si REET, FORT WORTH, TEXAS 76102 (017) 3!5.7611 CFNTERLINE DESCRIPTION FOR L7ILITY EASE24ENT NO. 7 FIELD NOTES FOR A STRIP OF LAND 25.0 FEET IN WIDTH OUT OF THE J. W. MCGOWAN SURVEY, ABSTRACT NUMBER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A 7P_+.CT OF LAND CONVEYED TO DENTON MALL COMPANY,, BY DEED RECORDED IN VOLUME 858, PACE. 2119 DENTON COUNTY DEED RECORDS, THE CENTERLIN- OF SAID STRIP OF LAND BEING MURE PARTICULARLY DESCRIBED AS FOLLOIS: BEGINNING FOR REFERENCE at a point in the northerly right-of-way line of Interstate Highway 35E, said point being the most northerly southwest corner of said Denton Mall Company Tract; THENCE N 48° 09' W, along said northerly right-of-way line, 183.82 feet to a point; TH:"dCE N 45° 10' W, continuing along said northerly right-of-way line, 300.4 feet to a point; THB'iCE 1; 480 09' W, continuing along said northerly right-of-way line, 258.5 feet to the POINT OF BEGINNING o'.' FASU NT 110. 7; THENCE N 11° 28' 42" W, 277 51 feet to Point 7-A; THENCE 11 11° 28' 42" W, 308.83 feet to Point 7-B; TWICE N 110 28' 42" W, 18.0 feet to Point 7-C; THENNCE N 110 28' 42" W, 8.34 feet to Point 7-D, the POINT OF TERMINATION; AND IN ADDITION A 10.0 FOOT WIDE STRIP OF LAND BEGINNING AT POINT 7-A; THENCE 11 780 31' 18" E, 65.0 feet to the POI11T•OF TERM11L%TION; AND IN ADDITION A 10.0 FOOT WIDE STRIP OF LAND BEGINNING AT POINT 7-B; THENCE N 780 31' 18" E, 23.0 feet to the i,OINT OF TERMINATION. I HEREBY CERTIFY that these field notts were prepared by computations and an actual Survey made on the ground and are true anO correct to the best of my knowledge. • WITNESS MY HAND AND SEAL this the 2nd day of '1 `119; A.D. ~yi~t..:.......?F,l'E1 CAA E~ £ S, 1 ff is f. ~ «c S .5,.r JE H. CARTER Reglstered Public Surveyor ly~•^EG7S 6611 L~f S~ 31/79 r t4410vah I13 MI No. 77349-01 , C i> r w t,r fly. ;r ' y r r F i yy~~,,,,,~~yy,,j~. ,';yy~~ ti . . r,,+[ a °I 'lar' • 1 ft`i,r i+b'. 'k CARTER & BURGESS, INC. ENGINEERS • PLANNERS 1100 MACOK STREET, FORT WORTH, fE%AS 71102 0171 ))S•)111 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO, 8 FnLD NOTES FOR A "..IP OF LAND 16,0 FEET IN WIDTH OUT OF THF. J. W. MCGOWAN SnVZY, ABSTRACT NO. 797, DENTON COUNTY, TEXAS, SAI'? STRIP OF LAND BEING A PART OF A TRACT OF LAND CONIMEb TO DENTON MALI: COMPANY, BY DEr'"II RECORDED IN YOWKE 853, PAGE 211, DE`ITON COUNTY DEED Rf,.:'ORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULAPLY DEGCRIBED AS FOLLOWS: BEGINNINC FOR REFERENCE at the intersection of the northerly right-of-way line of Iaterstste Highway 35E, and the southerly right-of-way line of San Jacinto Blvd.,-said point being the most northwesterly corner of said Denton !'all Company Tract; TFv--.;CE N 410 51' E, along the southerly right-of-way line of said San .iccinto Blvd., 81.39 feet to the POINT OF BEGINNING OF LU M';T 90. 8; TF 'iCE N 78` 33' 45" E, 368.35 feet to Point 7-C, the POINT OF TLRMINATION. I HEREBY CERTIFY that thes: field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAS AND SEAL this the Ynd day of A,b. yti OF t CA ER RG N l ...It ~ W..... S ~ 6614 0 i E. CAR R ~EEgistered Public Surveyor 5/31/T9 CAB No. 77349-01 Rey. 6/Ii/79 r r ' t' CARTER & BURGESS, INC. ENGINEERS - PLANNERS • 1100 MACON STREET, FORT WORTH, TEXAS 76107 5017) 315.1677 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT 140. 9 FIELD NOTES FOR A STRIP OF LAND 16.(, FEET IN WIDTH OUT OF THF. J. W, MCGOWAN SURVEY, ABSTRACT NUMBER 797 AND THr R. H. HOPKINS SURVEY, ABSTRACT NUMBER 1694, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LA11D CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN' VOLUME 8589 PAGE 211, DENTON COUNTY PEM RECCRDS, T11F M= LINE GF SAID STRIP BEING FURE PARTICULARLY DMCRIBED AS FOLLOWS,: BEGINNING FOR REFERENCE at the intersection of Mhe westerly ripht-of-way line of Colorado Blvd. and the southerly right-cif-vay line of San Jacinto Blvd., said corner being the northeast corner of said Denton Mall Company Tract; THENCE S 490 491 W, along sgid southerly right-nf-way line, 205.0 feet to the POI11T OF BEGINNING of EASEMENT NO. 9; THENCE S 40° 11' E, leaving said southerly right-of-way line, 123.62 feet _ to the beginning of a curve to the right whose center point bears S 49° 49' w, 150.0 feet; TK721CE along said curve to the right in a southerly direction through a central angle of 28° 42' 18", a distance of 75.15 feet to the end of said curve; THE;ICE S 110 281 42" E, 599.73 feet to the POINT OF TERMIttATION. 1 HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the 2nd day of May, 1979. A.D. CARTER 5 B ESS ~ / ~ F/`1Pjt O.TC,`~.~1) 1 10 P H, CARf[~ ...I„ru.N 0, A 6611 e ~eistered Public Surveyor 5/31119 CiB No. 77349-01 i+ 1 0 d`'. r ~ .fv.- ~ r'r4, ''y.~ A!ti`~ r'SM., n.a 1 ,y.. +,rl...• n2i'A f, ti ft"" !X: fr A A EH CARTER & BURGESS, INC. ENGINEERS • PLANNERS 1100 MACON S79IIT• FORT WORTH, TIXAS 76107 1i111 173•I611 CENTERLINE DESCRIPTION FOR UTILITY EASD= NO. 10 FIELD NOTES FOR A STRIP OF LAND 16.0 rz T IN WIDTH OUT OF THE J. W. McGOWAN SURVEY, ABSTRACT NUMBER T9T, AND THE R. H. HOPKINS SURVEY, ABSTRACT NUMBER 16941 Dr=,'? COU?%TY, TEXAS, SAID STRIP OF LAND BEING A PART OF A IT%AC: OF IX;Z) CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED Ef VOLUME 8581 PAGE 211, D1:1TO`i C0U?;TY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEOPiNMO FOR REFERENCE at the intersection of the vesterly right-or-vay line of Colorado Blvd. with the southerly right-of-vay line of San Jacinto Elvd., said point being the northeast corner of said Denton Mall Company Tract, TEE'm s 491, 49, W, along the southerly right-of-vay line r; said San Jacinto Blvd., 359.92 feet to the POINT OF BE0I15ING of EASED T NO. 10; TF°";CE 5 460 23' 47" E, leaving said southerly right-of-%ay line, 92.49 feet to a point; TFi:°4CE S 810 451 42" E, 403.35 feet to the beginning of a curve to the right whose center point bears S 080 14' 18" W, 248.0 feet; TF--%CE along said cra=ve to the right in a southeasterly direction through a central angle of 490 06' 40", a distance if 212,57 feet to the end of said curve; TMCE S 320 39' 02" E, 349.89 feet to the rDINT OF TERMINATION, said point being in the aforementioned vesterl• right-a;-vay line of Colorado Blvd. and being in a curve vhose radius is 600.0 ;'eet and whose beginning point bears N 14° 50' 39" W, 287.46 feet: I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey on the ground and are true and correct to the best of nay knowledge. WITNESS MY HAND AND SEAL this the 2nd day of May. 1979, I.D. y~Atti ••F• rfk1FlF CARTER A BU SSA 4A It HI cA11fA CARTER Registered Public Surveyor 5/31/79 CLB No. 77349-01 Rev, 6/12/79 y } r ♦ ti r,r. ` +,..«r. :k",~C• ,R \ .5.~ WY ty.., ayr V t• V . ' 't. :i+1•lr CI4 y,'r,. A}(.. .ikr~'a"AI'v,.~j~'~4~1. CARTER & BURGESS, INC. ENGINEERS • PLANNERS ' 1100 MACON SIRM, FOR7 WORTH, TFRAS 76107 (617) 135.1611 DFSCRIPTION FOR UTILITY EASEMENT NO. 11 FIELD NOTES FOR A STRIP OF LAND OF VARIABLE WIDTH OUT OF THE J. W. MCGOWAN SURVEY, ABSTRACT NUMBER 797 AND THE J. H. TAFT SURVEY, ABSTRACT NUMBER 1256, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND C04VEYED TO DE1l''A'7- MOLL COMDA`rf BY DEED RECORDF,D IN VOLUME 858, PAGE 211, DENTON COUTNY DEED RECORDS, SAID STRIP OF r.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIINING FOR REFERENCE at the intersection of the westerly right-of-vay line of Colorado Bivd., with the southerly right-of-way line of San Jacinto Blvd., said point being the northeast corner of said Denton Mall Company Tract ; THENCE S 40° 11' E, along said westerly line of Colorado Blvd., 657.27 feet to the beginning of a curve to the right waose radius point bears s 490 49'W, 600.0 feet; THENCE along said curve to the riprht and continuing along said westerly right-of-way line of Colorado Blvd., in a southrrly direction through a central angle of 260 23' 15", a distance of e76,33 feet to the POINT OF BEGINNINO of EASEMENT 110. 11; THENCE, continuing along said curve to the right and the westerly right-of-vay line of said Colorado Blvd., in a southwesterly direction through a central angle of lO0 14' 31", a distance of 13.01 feet to a point; THE"ftE S 78° 31' 18" W, 145.17 feet to a point; THENCE S 110 28' 42" E, ;x.34 feet to a point; THENCE N 780 58' 42" ''1, 162.67 fe;i, to a point; TH'EIICE S 780 31' 18" W, 158.38 feet to a point; THENCE S 330 31' 18" 1.', 11.31 feet to a point; THENCE N 110 28' 42" W, 48.97 feet to a point; THENCE N 780 31' 18" E, 96.53 feet to a potntj THENCE B 780 58' 42" E, 65.33 feet to a point; • THENCE N 780 31' 18" E, 47,04 feet to a point; - THENCE S 780 58' 42" E, 166.11 feet to a point; THENCE N 780 31' 18" E, 125.55 feet to the POINT OF BE0I1111'ANG I HEREBY CERTIFY that these field notes were prepared by computations apd an actual survey made on the ground and are true and correct to the be;t of my knowledge. WITNES!LA,RqD AM SEAL this the 2nd day of Hay, 19;9, A.D. tE of r••}11 i, 00 CARTER b D f A ~ .l 11 c, M ....,..l E, CA R ~Ip.~•~c'r.t~P.',rT Registered Puhlic Surveyor IV r' l . , :'.7." .{r~,, . • r .1 'r.. r7 • .1 ,J>.'7 ~''!l'!. •~'~y~,i~! r'J~~~~~ ..~~1~~~~~~1~>^ rte/ RCARTER & BURGESS, INC. ENGINEERS • PLANNERS 1100 MACON STR[(T, FONI WORTH, TIKAS 76107 10111 115.1611 DESCRIPTION FOR UTILITY EASEMENT 110. 12 MINI A STRIP OF LAND OF W RIABLE VIDTIi OUT OF THE R. H. HOP?:INS SURVEY, ABSTRACT NVKBER 1694, DENTON COUNTfY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVFYED TO DE~ITON MALL COMPANY BY DEED RECORDED IN VOLWE 858, PAGE 211, DEITfON COUNTY DEED RECORDS, SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBF,D AS FOL_ZYS. BEGIIIING FOR RFFF.RENCE at the intersection of the northerly right-of-vay line of Interstate Highway 35F and the southerly right-of-way line of San Jacinto Rlvd., said point being the northwest corner of said Denton Mall Company Tract; THENCE N 41° 51' E, along the southerly right-of-way line of San Jacinto Blvd., 341.33 feet to the beginning of a curve to the right, whose center point bears S 48° 09' E, 960.0 feet; THENCE along said curve to the right and continuing, along said southerly right-of-way line of San Jacinto Blyd, in a northeasterly direction through a central angle of 20° 47'00", a distance of 348.23 feet to the end of said curve; THENCE N 62° 38' E, continuing along said southerly right-of-vay 1':.e of Sari Jacinto Blvd., 515.13 feet to the KINT OF BEOINNING of EASEMENT NO. 12; T101CE N 620 38' E. continuing along sa:•t southerly right-of-way line of San Jacinto Blvd., 37.45 feet to a point; THENCE S 110 28' 42" E, leaving said southerly right-of-way line, 93.5 feet to a point; THENCE S 280 32' 36" E, nr37 feet to a point; THENCE S 780 31' le" K, 13,7 feet to a point; THENCE H 110 28' 42" 4/, 10.54 feet to a point; THENCE N 280 32' 36" w, 78.43 fcet to the POI1rr OF BEGINNING. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of nay knowledge. WITNESS MY HAND AND SEAL. this the 2nd day of May, 1099, jr, '06) OF•TF4~J`C.nRTER b BUR~~SY, f A E. li. CAR eg ate. Public Surveyor N. CARTER l 6 h..+...._ 11179 4+~,ti9 6614 c.1 ;f% ,,.a no. 77349-01 .i , ~41rt r.:, e 1 f.5 ' v~ ! r ~ 1 /•l ~~''~pGVY tr .w` F~T 1 w. M . • ~t~.e N., t,.'J / / 7 's ,t I n~ h ~r 3) • CARTER CT BURGESS, INC. ENGINEERS ' PLANNERS 1100 MACON STREET. JORT WORTH. TEXAS 76107 1617) 315.2611 CnrMLIttE DESCRIPTION FOR U'PILITY EASEMENT NO, 13 FIELD NOTES FOR A STRIP OF LAND 20,0 FEET IN WIDTH OUT OF THE J. W. NcGOWAN SURVEY, ABSTRACT NUMBF9 797, AND TN•5 R. H. HOPY.INS SURVEY, ABSTRACT MmER 1694, DENY COUNTY, TEXAS, SAID S`11P OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL CVKPANY, BY DEED RECORDED IN VOLUbL 858, PACE 211, DENTOY COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR RF--SRE'fCE at the intersection of the northerly right-of-vay line of Interstate Highway 35E and the southerly right-of-vay line of San Jacinto Blvd., said point being the northwest corner of said Centon Pall Company Tract; THENCE N 41° 51' E, along the southerly right-of-vay line of San Jacinto Blvd., 341.33 feet to the beginning of a curve to the right whose center point bears S 480 09' E, 960.0 feet; TKE'iCE along said curve to the right and continuing along said southerly right-of-vay line of San Jacinto Blvd., in a northeasterly direction througb a central angle of 200 4T'00", a distance of 348.23 feet; TFTt.'`= N 620 33' E, continuing along said southerly right-of-lay lint of San Jacinto Blvd., 515.13 feet to a point; T:?::iCE S 280 32' 36" E, leaving said southerly right-of-way line of San Jacinto Blvd., 78.43 feet to a point; THE.YC£ S 110 28' 42" E, 20.54 feet to a point; THE.9CE N 7$0 31' 18" E, 12,5 feet to the POINT OF BMINNING OF EASES-NIT NO. 131 TMCE N T8e 31' 18" E, 46.0 feet to Point 13-A; THENCE N 780 31' 18" E, 393.5 feet to Point 13-B; THENCE N 780 31' 18" E, 44,0 feet to a point; THENCE S 116 28' 42" E, 25T.19 feet to Point 13-Ci THENCE: S 110 28' 42" E,•21.49 feet to Point 13-D; TRn;CE S 110 281 42" E, 11.0 feet to Point 13-E{ THENCE S lle 28' 42" E, 66,5 feet to a point; TF.NCE S 18e 31' 18" w, 55.0 feet to a point; THENCE S 110 28' 42" E, 25.0 feet to the POINT OF T M41N ITIOXI AND IN ADDITION THE FOLLOWInG 16.0 FOOT VIDE STRIPS OF LAND, B.'7GINNIiO AGAIN AT POINT 13-Ai P.Co I of 2 6/1/79 C&B Ito. 77349-01 o... RJ+O/Tp N N r {•r i ( • 1Yy ,.r ~n.1 ial; r,yt.n}~'` ',I ,e {Ii i4 . r . s. y~,+,~i, FI.. .11 . 1 t "r ir. 'fJ'~k "'•14F 4,~~7)4". ,t:, ~r1~,T.is;', i✓ s,.K (l.V.+ha ~ ~,;~~,r~S?' a. r THE CE N 110 28' 42" W, 20.D feet to the POINT OF TEIRMINATION; AND IN ADDITION BEGINNING AGATT; AT PUNT 13-B; 7F-%NCE N 11° 28' 42" W, 20.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 13-C; THENCE N 78' 311 16" E, 21,,O feet to the POINT OF TERMINATIONS AND IN ADDITION THE FOLLOWING 16.0 FOOT WIDE STRIP OF LAND BEGIRNIN~ d!'r4IN AT POINT 13-D; TEENCE S 780 31' 18" W, 70,0 feet to the POINT OF TERMINATION; AND IN ADDITION THE FOLIAWING 40.0 FOOT WIDE STRIP OF LAND BirinmIio AGAIN AT POINT 13-E; TFZPCE N 78° 31' 18" E, 257.85 feet to the POINT OF TERMINA7I02f, AND IN ADDITION THE FOLLOWING 25.0 FOOT WIDE STRIP OF LAND BEGINNING AGAIN AT POINT OF BEGINNING OF FASEMENT NO. 13; TM-;CE S 110 28' 42" E, 258.0 feet to the POINT OF TZP INATION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the 2nd day of May, 1979, D. 1*.S or ~1F+CARTER A , or A 4) r ..lN .Vi...«.. 104A CAUR • E. 7.0"C! ER 1.0 6611 W e stered Public Surveyor f J0 VVISTQI'~ Page 2 of 2 6/1/79 C&B No. 7T369-01 r I•..., r,.. . p., n ~:l'ti!•S . i ~ 3, "raA ••a. apt . Y a -yC'. - 'i{.~1 yyy.,+'"-^. L7 i +1 ~~a•...ui . n.~ l ~ e'; n,'h i'.{SS~J lj'}~.1(~~'~~<. IfiOP ?{M11~^pj4 l CARTER & BURGESS. INC. ENGINEERS • PLANNERS 1100 MACON STREET, FORT WORTH, TEXAS 16107 {e1i) 775.7kT1 CENTERLINE DESCRIPTION FOR UTILITY EASUDNT NO. 14 FIELD NOTES FOR A STRIP OF LAND 27.0 FEET IN WIDTH OUT OF THE J. W. McGOWAN SURVEY, ABSTRACT NO. 797, DENTON COUTNY, TEY,AS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DYNTON MALL COMPANY ,~RY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF BAIP STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-way line of Interstate Highway 35E and the southerly right-of-way line of San Jacinto Blvd., said point being the nortnvest corner of said Denton Mall Company Tract; THENCE N 410 51' E, along the southerly right-of-way line of said San Jacinto Blvd., 81.39 feet to d point; THENCE N 'f8e 33' 45" E, 68.35 feet to a point; THENCE N 110 28' 42" W, 8.34 feet to the POINT OF BEGINNING OF FASPIM NO. 14; THENCE N 780 31' 18" E, 237.72 feet to Pcint 14-A; THENCE is 780 31' 18" E, 19.0 feet to POint 14-B; THENCE N 780 31' 16" E, 287.96 feet to the POINT OF TEaMINATION: AND IN ADDITION BEGINNING AGAIN AT POINT 14-A; THENCE S 110 28' 42" E, 30.0 feet to the POINT OF TERMINATION: AND IN ADDITION BEGINNING AGAIN PT POINT 14-8; THENCE S lie 28' 42" E, 13.5 feet to the POINT OF BEGINNING of an Easement of VARIABLE WIDTH; THENCE 9 780 31' i9" We 5.0 feet to a point; THENCE S 110 28' 42" E, 66.5 feet to a point; THENCE N 780 31' 18" E, 10.0 feet to a point; THFNCE N Ile 28' 42" W, 20.0 feet to the beginning of a curve to the right whose radius iotnt bears N 78e 31' 18" E, 55.0 feet; THENCE along said :ervs to the right in a northeasterly direction through a central angle of 5'10 43' 14", a distance of 55.41 feet to the end of said curve; THENCE S 780 31' 18" W, 30.63 feet to the POINT OF 9EOINNINO. 6/1/74 CLS No. 7T349-01 t , t .f r ' tv A r ~v . :.a 1.Y 4 jar N1~iJ +Y• SA J 1 i+h,M E. 'Yr~f ) J14~ 1 k Z7TY d f a~ tot 7 St Y4 hW k4 ti . CARTER & BURGESS. INC. ENGINEERS • PLANNERS .1100 MACON STREET, FORT WON TN, TEXAS 76107 1a17y )3S-7611 CENTERLINR DESCRIPTION OF UTILITY EASV4ENT NO. 15 FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN WIDTH GUT OF THE T. W. MCGOWAN SURv-7Y, AASTRACT NUMBER 797, DEITON COUNTY, TEXAS, SAID STRIP OF LAID REIN,, A PORTION OF A TRACT OF LAND COUVEYED TO DF'NT07 MALL COMPANY, BY DFED REY:ORDED IN VOLVE 858, PACE 211, DE.NTON COUNTY D.F:ED RECOPDS, THE CENTFRLINE OF SAID STRIP Or LAND flEING MORE PARTIC'nARLY DESCII9ED AS FOLLO-'S: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-way line of Interstate Highway 35F. and the southerly right-of-way line of San Jacinto Blvd., said point being the northwest corner of said Denton Mall Company Tract, THENCE N 41° 51' E, 8.0 feet along said southerly right-of-way line, to the POINT OF BEGIN:fING of EASFMENT NO. 15; TM(CE S 480 09' E, 537.10 feet to a point; TRECF. Y 89° 22' E, 23.33 feet to a point; _ T}TTYCE S 480 09' E, 382.82 feet to r point; THENCE 3 45° 10' E, 300.40 feet to a pofnt; THENCE S 09' E, 163.07 feet to the POINT OF TERMINATION. 6/6/79 m 77?11P-01 Fi I~w (zyr t r !i're' 4. . i tdirL?°. itP t a iw`2i.~A 'C, fW~JA M r a Y I X' kR-f~~~lr1 ^N 1~ L1~t Ali} ~.,.~'~,~1, c jaT :/.'~V .fir 14 MAI" 10-4 . F -~t~cy~f CARTER & BURGESS, INC. ENGINEERS • PLANNERS fRK-4i~' 1100 MACON STREET. TORT WORTH, TEXAS 7610) 1437) I3S^7611 CET1rERLINE DESCRIPTION FOR UTILITY EASE:dF NT NO. 16 FIELD NOTFS FOR A STRIP OF LAND 16.0 FEET IN WIDTH OUT OF THE J. K. MciWA1I SURVRY, ABSTRACT W.-M ER 797, DFIT04 COUNTY, TEXAS, SAID STRIP OF LAND B1:I7G A PORTION OF A TRACT OF LAND COIr EYED TO DMON FALL COMPANY, BY DEM RECORDED IN VOLLRKE 858, PAGE 211, DENTO?i COUNTY DM RECORDS, THE CEWFAf,IrV, OF SAID STRIP OF LAND BEING 14ORE PARTICULARLY PFSCRIBIM AS FOLLOWS: J BEGIZING FOR RFYLIE 7CE at the intersect.on of the northerly right-of-vay line of State P.ighvay Loop 288 and the westerly right-of-vay 11ne of Colorado Blvd., said intersection point being the cost easterly southeast corner of said Denton Mall Company Tract, said point also being the beginning of a non-tangent curve to the left vhose radius is ;1380.0 feet and vhose long chord bears S 54° 17' 30" N, 706.69 feet; THFINCE along said non-tangent curve to the left wO. along said. northerly right-of-vay line of Loop 288, in a southvesterly direction tkrough a central angle if 100 27' 00", a distance of 707.67 feet to the end of said curve; T=_1C' N 810 02' N, 231.76 feet to a point; - TH7-,;CE S 400 19' 56" w, 112.69 feet to n point; T°i::iCE S 390 39' 261' N, 49.13 feet Aj a point; nrrxE S 40° 27' 3611 N, 242.89 feet to the POINT OF BF,GI.T11NO of FASr dc7 No. 16; TKENCE N 57° 06' N, 112.30 feet to the POINT OF TF4rNATION. o . 6/6179 Co Ito. 77349-01 1 I J. ! J f • ! 1 11 1 rv ' ir~3} 'r "L 1.3 C 1 1 J . I~ ! i.r 1!'I i ti y Vg 1 • ~F/C't~, ~1 ~~>~'~~F~ ,T ~ ~ ~lr'x`. ~.~~A..~.VQ'I~ I' CARTER & BURGESS, INC. ENGINEERS - PLANNERS 1 •i+a~l1 1100 MACON STREET, FORT WORTH, TEXAS 76107 (817) ))7.7611 CENTERLINE DESCRIPTION FOR UTILITY EASE n, I NO. 17 FIELD NOTES ?OR A STRIP OF LAND 16,0 FEEF IN WIDTH CVT OF M. T. W. M-CONAM SURVEY, ABSTRACT NUMBER 797 AND THE J. S. TAFT SURVEY, ABSTRACT We~; 1256, DEmi COUNTY, TEXAS, SAID STRIP OF LAND BEING A PORTION OF A "..ACT OF LAND COtR/EYED TO DENTON 14ALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS; T11r CrFTERLINE OF _4TD STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REF ,^E:;Cc. at the intersection of the nor'cherly right-of-way line of State Highway Loop 288 and the westerly right-of-wny line of Colorado Blvd., said point 1,eing the beginning of non-tangent curve to the right whose radius is 830.0 feet am whose long chord bears N 30° 12' 50" K, 8.0 feet; T11E CE along said non-tangent curve to the right and along said westerly right-of-way line, in a northerly direction through a central angle of 000 32' 21"0 a distance of 8,0 feet to the POINT OF BEGINNING of FASEre,'T NO. IT, said point being the beginning of a ncn-tangent curve to the left whose radius is 3888.0 feet and whose long chor% bears S 65° 42' 76" 'd, - 717.05 feet; 0 THT"NCE along said non-tangent curve to the left in a southwesterly direction through a central angle of 10' 34' 55% a distance of 718.07 feet to the POINT OF TERMINATION. 611179 C&S Yo. 7734-01 : le. t 4 , J, <,ti v!fi !h"r,.tii,? k~ ti;)'Jr • r~'.~ 1~ 1 y 1 Is 'Lt if . s !kk s t ..~:t1` v 1! ki NN jJT Ilia It .r 1 1 1 t Oak try S , r . 17 M3 -1.24 my KAM Mimi V V 1 ~ . h p~yOLM r N ' r fir., OATH DF OFFICE I+ Pam liC~lorster do solemnly swear %or affirm) that i will faithfully execute the duties of the office of rlum~urcec committee of the City of Denton, Texas, 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. Subscribed an Sworn to before me the undersi ed on this the day of A.D. 19 To certify 41cli- witness my an d sea ofi office. 4CRRFT CITY OF DtITC., TEXAS Al C Dr) OATH OF OFFICE I' ---U99.1C..Q Uor ii_'de do solemnly swear (or affirm) that I ;,,ill faithfully execute the duties of the office of k~~n kE~Q~_Comnittee of the City of Denton, Texas, and will to the best of my ability preserve, protect and defend file Consti0 tion and laws of the United States and of this State and the Charter and Ordinances of this City. f, or~~ z u _ Subscribed zr d, sworn to before re the undersigned on this the day of `_A.D. 19Z j 7o certify riFi3ch witness ry an n seal of otffce. CITY OF DENTON, TEXAS ,i ~~1 ~ , OATH OF OFFICE I~ Bud Hensley do solemnly swear (or affirm) that I will faithfully execute the duties of the office of ,man Recnurcec Committee of the City of Denton, Texas, 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. Subscribed an sworn to b re me the undersigned on this the a? day of A.D. 19_ To certify t-M-ch- v1itness my an n si of o~ff~ce. • , y I . I C R CITY OF DENTON, TEXAS k~ _ a t'° + ~ OATH OF OFFICE I, Wilbur Dixon do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Member Research and Economic Development Board of the City of ~en.on, iey;:s, and will to the best of my ability • preserve, protect and defe-j' tFe Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed and sworn to before re the undersigned on this the 2nd day of Artist , A.D. 19 79 To certify wi ch witness myhand~and sea] of T(Tce. _ 6100- CITY OF DENfOY, TEXAS • f • ~ Q, OATH OF OFFICE Bernie Kay Brown. do solemnly swear (or affirm) that I will faithfully execute the duties cf the office of Member Research and Economic Development Board of the City of Denton, Texas, 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. Subscribed and sworn to before Re the unCer igned on this the 2nd day of -_Au st , A.D. 19 7 To certify wwhich' witness my haT7 "seeaTot oTi'!'ce. ` CITY OF DENTON, TEXAS s ~J t r} ` y/`(~ l y j. c, _ ■ r City of Denton Memo To: John Lavretta From: Steve Fanning Re: Termination of August 3, 1979 '.ontract for Planning Services Please regard this notice as termination of the August 3, 1979 contract for planning services as per the tenmination provision of said contract. 1 Submitted by ~ She nnTng Date Submitted and effective date of termination. November lb, 1979. # 1 THE STATE OF TEXAS ) AGREEMENT COUNTY OF DENTON ) This Agreement made and entered into on tf,is the 3rd day of August, 1919, between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and Steve Fanning, hereinafter referred to as "Fanning"; WITNESSETH: WHEREAS, the City is in immediate need of planning services and has been unable to appropriately fill a budgeted position in the Planning Department; t;OW, `4EREFORE, premises considered the parties, agree as follows: 1. City agrees to hire Fanning to perform planning services under the direction of the Director of Planning. These duties may include revision of the subdivision ordinance, development of a marketing package for housing development, and other related duties as required. 2. The' amount, time and location of work will be determined by the Director- of Planning. 3. Fanning x111 be paid at an hourly rate of $10.50 per hour. Fanning will work a maximum r 54 hours every pay period. 4. While employed oy the City, Fanning agrees that he will not accept other employment representing or assisting In any development proposst in Denton or the ETJ. Other consultant work in Denton will bi cleared In writing by the Director of Planning before it skall be undertaken. 5. This Agreement may be cancelled by w,•itten notice by zither party at any time. CITY Of CENTON, TEXAS ff NOT NG CITY MANAGER rr.~.r 'b r } 5 n ~ • ~ t ~ ~ .J f. ~ ~ i`, :.t t~: \ , , , :r: ~ ~ ~ ~ ~ i . , r ~ , ~ ~ 1'.f i ! ~ ~ NO. 713- 4vo 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 T!iE CITY OF DENTON, TEXAS, BY ORDINANCE NO. Li-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 23.4 ACRES OF LAND AS :HOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, T!'XAS, AND MORE PARTICULARLY DESCRIBED THEREIN; APO DECLARING AN EFFECTIVE DAME. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance No. 69-1, be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on sai4 Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply 0 said property as Single-Family "SF-10" District In the same manner as other property located in the Sing]?-Family "SF-10" Oistric'; All that certain lot, tract or parcel r,f land lying and being situated in the Robert Beaumont Survey, '+bstract No. 31 City and County of Denton, Texas, and being more Zarticula•ly described as foll%)ws: BEGINNING at the northwest corner of Lot 1, Block 4069-24 of North University Place Addition to the City of Denton, said point also being located in the south line of the N. E. Meisenheimer Survey, Abstract No. 810, and said point also being in the south line of property of the City of Denton; THENCE south 00 degrees !,l minutes east along the west property line of North University Place Addition a distance of 3,269.7 Feet to a point for a corner, said point being located in the orth line of a tract of land owned now or formerly by J. W. Stott as recorded in Volume 671, Page 6411 THENCE south 89 degrees 16 minutes west along the north property line of the J. W. Scott property a distance of 3Y0.0 feet to a point for a corner; THENCE north 00 degrees 5' minutes west along a line parallel to the west property line of North University Place Addition, a distance of 3,106.7 feet to a point for a cifrner, said point also being located in the property line of the said City of Denton tract; THENCE north 62 degrees 15 minutes east along the propert; line of the said City of Denton tract a distance of 358.8 feet to the point of beginning and containing approximately 23.4 acres of land, more or less. SECTION 11. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of 12-1375 CAE~,•4 PA'RINA, JR.) 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 thew to conserving the value of thu buildings, protf,ctinq human lives, and encouraging the most appropriate uses cf land for the 'maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and 7rning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof, PASSED AND APPROVED this the 21st say of August, A. D. 1979. ETeSRS- CITY OF DENTON, TEXAS JTT H6 ; -C t 'fECfFEt1fRY CITY OF DENTON* TEXAS APPROVED AS TO LEGAL FORM: Y ATmawry- ATTORNEY, CITY OF DENTON, TEXAS 1 r 4 ♦ ~ . ~ J 1_' '4~4++.'~rri.Y.YIIW.:.~a.ul-Nli.4~.w.-0NUOwn.wc~.rrr..w~r..~w.aq .....r..e...... a;.:C:. ti • I ~ e a 'A i.!. ~ ^A \Q'~, ~ ~ ~ ~ t ~ , f .I . z ~ o ~ ~ . 4 ~ , r I {1111/. , , 2 ~ 4 I NO. _ 7 9 _5.9 AN ORDINANCE AMENDING THE ZONING MAP Gir 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. 69-19 AND, AS SAID MAP APPLIES TO APPROXIMATELY 10.7 ACRES 'lF LAND AS SHOWN THIS DArL ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, 'ERAS, HEREBY ORDAINS: SECTION I. That the Zoning Nap of the City of Denton. Texas, adopted t;ie 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance No. 69-1, be, and the same is hereby amended as follows: All the hereinafter described prc~arty is hereby removed from the Agricultural "A" District as shown )n said Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Single-Family "SF-1" District In the same manner as other property located in the Single-Family 'SF-7" District; All that certain lot, tract or parcel of land lying and being situated in the Robert 8ea!imont Survey, Abstract No. 31 City and County of Denton, Texas, and being more particularly described as follows: COMMENCING at the northwest corner of Lot 1, Block 4069-24 of North University Place Addition to the C'ty of Denton, said point also being located in the south line of the N. E. Meisenheimer Survey, Abstract No. 810, and said point also being in the south line of p.,perty of the City of Denton; THENCE south 62 degrees 15 minutes west along the sa4d property line of City of Denton tract a distance of 358.8 feet to the point of beginning; THENCE south 0 degrees 51 minutes east along a line parallel to the west line of North Univers!t Place Addition a distance of 3,106.7 feet to a point for a corner, said'poin~ being in the north line of a tract of land owned now or formerly by J. W. S.:ott as recorded in Vilume 671, Page 641; THENCE south 89 degrees 16 minutes west along the north property line of the J. W. Scott property a distance of 145.0 feet to a point for o corner; THENCE north 0 degrees 51 minutes west along f line parallel to the west property line of North Univers!t/ Puce Addition, a distance of 3,032.9 feet to a point for a corner, said point also being located in the properly line of the said City of Denton tract; THENCE north 62 cagrees 15 minutes along the property line of the said City of Denton tract a distance of 1;2.6 feet to the point of beginning and containin;i ayproximately 10,2 acres of land, more or less. SECTION I1. Thrt the City Council of the City of Denton, Texas hereby finds that such change Is in accordance with a romprehens`,ve plan for the purpose of promoting the general welfare of ths, City of (Z-1374 - CARL0 FAHINA,JP.. ) 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 approFr-ate dsas of iaiid for the maximum benef;t to the City of Denton, Texas, and its citizens. • SECTION 111. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED th"the 1st kofugust, A. D. 19?9. CRTY OF DENTQN, TEXAS ATTE -no~= r =Kff CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: a~; ATTORNEY, CITY OF DENTON, TEXAS A f t r 1!Y~t~d~MJ~1VeEYM{MI~~M~Mtwrl~a~l aF~ ~w•.oYS-..vS~w+M1'h~~N ~YYw ~ ~..A:. ~re?.ntww~Mn~ M.~w w.+:~ur.4 n +ia~.64.M'r~.1J n ..~.u.-~...... ~n MM.~: i^•. 1 1 J ~L■L■~ J t r~ ~>~rrrr. a r f~ e w No. 79 - S~ AN ORDINANCE AMENDING THE ZONING MAP OF THE r TTY OF PEPTON, TEXAS, AS SAiII 1.IAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP APPLIES TO APPROXIMATELY 9 ACRES OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREiw; APO DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HFREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, texas, under provisions of Ordinance No. 69-1, be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Zoning Map, and alI provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amender, shall hereafter apply to said property as Two Family "2-F" 01str!ct In the same manner as other property locateJ in the Two Family 02-F" O'.;trict; All that certain Iot, tract or pa-cel of land lying and being situated in the Robert Beaumont SLrvey, Abstract No. 31 City and County of Denton, Texas, and -;ping more particularly described as follows: COMMENCING rt tT,e n.)rthwest corner of tot 1, P I o c k 4069-24 of North University Place Addition to the City of Denton, said point also being located in the south Ilue of the N. E. Meisenheimer Survey, Abstract No. 810, and said pelnt also he ng In the south line of property of the City of Denton; THENCE south 62 degrees 15 minutes west alone the ;aid property line of City of Denton tract a distance of 521.4 feet to the point of beginning; THENCE south 0 degrees 51 minutes east along a line parallel to the west line of North University Place Addition a distance of 3,032.9 feet to a point for a corner, said point bring in the nortl, line of a tract of land owned now or formerly by J. W. Scott as recorded in Volume 671, Page 641; THENCE south 89 degrees 16 minutes west along the north property line of the J. W. Scott property a distance of 157.0 feet to a point for a corner; THENCE north 03 degrees 07 r;invtes 49 seconds east a distance of 412.0 feet to a point for A corner, said point also being a southeast corner of the City of Denton tract; THENCE north 0 degrees 51 minutes west along the east property line of the said City of Denton tract and parallel to the west property line of North University Place Addition a distance of 2,556,4 feet to a point for i corner; THENCE north 62 degrees 15 minutes east continuing along the property line )f the said City of Denton tract a distance of 144.0 #,Net to the point of beginning and containing approximately 9.0 acres of )an-1, more or less. (Z-1373 - CARLO NARINA,JR.,, ~ •i SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordante with a comprehensive pled 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, piotecting human lives, and encouraging the most ;appropriate uses cf land for the maximum benefit to the City of Denton, texas, and its citizens. SECTION III. That this ordinance shall be i,, fall force and effect immediately after its passage and approval, the required pu!,lic hearings having heretofore peen 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 21st play ugust, A. D. 1979. ~CLL Nx i, CITY OF DENTON, TEXAS LK L A2 fff. E KP Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 04f q-56RTW~-,-KCTrffi; -my ATTORNEY, CITY OF DENTON, TEXAS 9 r a~i AJs i. \ Lu ~ f ~ ~ ~ }=,~P d, A f . i ' i~I 1 r 1 ~ 1 1' ' ~ ~ y, r r , ' ~ ~ ~ k . ~ tr. ~a r ~ ti j :'V"~M'.~'~ ~ ~ %sN "s t AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF AUGUST, A. 0. 1979. RESOLUTION WHEREAS, the City of Denton, Texas and Aerosmith Denton Corporation are parties to an agency agreement dated December 8, 1965, whereby the City appointed Aerosmith as the true and lawful agent for the City of Denton; and WHEREAS, by the terms of this agency agreement, the City of Denton may, by a resolution of the Denton City Council, revoke this agency agreement at any time without notice to Aerosmith Denton Corporation; NOW9 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: The agency agreement dated December 8, 1965, and between the parties thereto Is here►y revoked and terminated according to the terms of the said agency agreement, and revocation and termination to be effective at 11:00 midnight on the 31st day of December, 1979. PASSED AND APPkOVED this the 7th day of August, A.D. 1979. CITY OF DENTON, TEXAS ATTEST: • 6 40 -Lov, 8 HOLT, Y ECRE RY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: BU , "S L ACTING CITY- ATTORNEY, CITY OF DENTON, TEXAS 1 CIO I } 7 I~ a r 1 6.i; r s~r'fli~, f Da✓,~ ~!J q , i ro III AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF AUGUST, A, D. 1979. R E S O L 'J T I O N WHEREAS, negotiations have taken place and agreements reached for the settlement of the lawsuit styled, HARPER, ET AL VS. CITY OF DENTON in the amount of $2,500.00; and WHEREAS, the City Council of the City of Benton after careful consideration of the matter finds that the HARPER lawsuit should be settled according to these negotiations and agreements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Manager is hereby authorized and directed to expend money from the General Funds in the amount of $2,500.00 for settlement of the HARPER, ET AL VS. CITY OF DENTON lawsuit. PASSED AND APPROVED this the 7th day of August, A. D., 1979. a--w SRI -R W- CITY OF DENTON, TEXAS ATTEST - CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 71 CM1"-CTTY" BURT R. ATTORNEY, CITY OF DENTON, TEXAS i r , q Vf~ 't AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF AUGUST, A.D. 1979. R E S O L U T I O N WHEREAS, on January 10, 1979, the City of Denton submitted an application (Step III) to the Texas Department o` Water Re- sources for an EPA Grant for financial assistance i,s constructing a 6 million gallon per day addition to the city's wastewater treatment plant; and, WHEREAS, the Texas Department of Water Resources has re- qu& ted (1) certain modification in the plant design, (2) an update of construction costs reflecting the most recent !.nflation rate and estimated construction start date, (3) an increase in estimated contingency, and, (4) certain modifications in the allowable and estimated administration, start up training and engineering required for construction and start up of the Plant; and, WHEREAS, these subject modifications gave resulted in a change in the estimated cost of the subject plant additions; NOW THEREFORE, B3 IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THATs 1. The application for financial assistance from the EPA be amended from the previously estimated total construction cost of $9,2380890 to the currently estimated cost of $10,036,460. PASSED AND APPROVED this the 14th day of August, A.D. 1979. CITY OF DENTON, TEXAS AT'PEST i 1,0~4O~.4 PDROOKS LTO- I AR CITY OF DENTUN, TEXAS APPROVED AS TO LE(lAL FORMS K 5F BURT R, SO;j: MONS, ACTINO CITY ATTORNEY, CITz OF DENTON# TEXA3 . 11 . ~ SIMON W rR![SE JANE R NICHOLS ROOERT L NiCNC.t Lr[ ! PA[{S[ FSEESE AND ICIf0LS JORRAU , Inf. O°!ATL4CN94 "OC C O N S ROP[RT A rHONR50N III U! T i N G E N G N E F 1 5 JO[ O MARS DU[ C. ALLEN June 28, 1979 W ERN[" CLP.EN* FLVIN C COPILANO - JO"N H COCA T, ANTHONY Rl10 GARY N. RE[V({ Mr. Robert E. Nelson, P.E. Director of Utilities City of Denton Municipal Building Denton, Texas 76201 Re: Cost or Price Summary {Form 5700-41) for Step 3 Project C-48-)188-03 Dear Bob: Attached is EPA Form 5700-41, showing detail,ed engineering costs for the Step 3 Construction Phase of your wastewater Treatment Plant/ Interceptor Sewer Project. The total cost (line 12) is brokeh down as follcws: Basic Engineerirg Costs $115,041.00 Project Inspection 226,978.00 Industrial Pretreatment Study Cost 2,202:00 Plan of Operation 1,290.00 06M Manuel 26,990.00 Start-Up b Operator Training 7,189.00 TOTAL S379,64100 Compensation for each of the above items shall be ds follows: 1. Basic Engineering Costs: Compensation for 3as1c Engineering Services sRil l le- a lump sum o 15,041.00. Fees shall to conputed EXHIBIT I TLLIPHON[ 911 1114.7141 Gil LAMAR fTRIitT PORT 'NORTH. TRRA1 76102 Robert E. Nelson June 28, 1979 Page Two on the basis of the value of construction work performed by the Contractor as reflected by the monthly estimates. Payment for Basic Engineering shall be due and payable upon submission to the City of Denton. 2. Project Inspection: Compensation for Project Inspection (Field Representat on shal_i be a determined based on actual costs plus a fixed fee c'r $29,606.00. Maximum fee for Project Inspection shall not exceed the sum of S226,978.00. This waxipwm foe is based on a construction time of G00 calcndar days. Should the construction time exceed 600 calcndar da;'-, the raximum fee for Project Inspection shall be renegotiated based on tha actual construction tire. Pay- ments for Project inspection shall .e due and payable upon submission of statements by Freese and Nichols. Statensenls shall nut to sub- mitted more frequentli than cionthly. Industrial Pretreatment Study: Coipensdtiun fur the Industrial Pretreatment ~t`u~y s~iallybc a lurp su ° of $2,202.00 which shall be due and payable upon euproval of the study by the Texas Cepartment of Water Resources and the EPA. Plan of O.Leration: Cori' ens.rtfon fey, tb~, Plan of 0;1cration shall be a Tamp sup of $1,290.00, t,hich shill tc due a-,d p~;able upon approval by the Texas Department of ',jter Resources and the Li'A, 0 erations and Maintunance Manual: Cor-pens3tior for the Operations and Maintenance lfanll~l`shall'~'e'deteiciined based on actual costs plus a fixed fee of $3,521.0. Maxirum fee for the Operations and Maintenance Manual shall not exceed 526,990.00. Start-U and O~erator Tr•ainf~: C xm vnsatfon for Start-Up and Operator TTra~ining s aT1-bc a lump sun of S7,648.00. This sum is based on providing a repres,ntative of the Engineer at the plant site for a period of twenty (20) working days. Should additional time be required for Start-Up and Operator Training, the Engineer will be compensated on a daily rate based on the hour rate and fees shown on the Form 5700-41. Fee shall be due and payable upon com- pletion of the Start-Up and Oparatur Training period, Paragraph 1 of Amendment No. 3 5o our Contract for Engineering Services is deleted and replaced as follows: 1. The said Contract shall be amended to include the provisions established by the Environmental Protection Agcncy known as Apilendlx C-1 to 40 CRF Part 35, Subparagraph E. as published in the Federal J Robert E. Nelson June 28, 1979 Page Three Register, dated September 27, 1978. Apperdix C•1 is attached as " rx.hibit C. It is mutually agreed that all references to other para- graphs in Federal Regulations and Guidelines shall refere to those in effect at the time of the execution of this An eridwent. If this meets with your approval, we would suggest that you execute two copies in the space provided b:1ow, and also on the attached EPA Fora 5700-41, Item 14 "Grantee Reviewer," This letter can then serve to establish the engineering compensation for Step 3 services under Item 2.b of Amendment No. 3 to the Contract for Engineering Services. Respectfully yours, FREESE AND NIChDLS, Lies R. Nichvls, P.E. I President JRN:mg ACCEPTED BY: CITY OF QENTON, TEXAS 7 By: IJl~ Robert T._ Nrl son Director of Utilities Date: ~~f J ' s , n a 6?~f n~,+ ~Y W'tW`....W,YY'.14~NA.MW - 1 , V 1 > V~ { . C1 r ~ ~ , g,, c i~ b . ~r~~': i .ti j i L 1 } 9i .'1 ,ryy: r!? 1~. ~ if I ~ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING Or SAID CITY ON THE 7TH DAY (IF AUGUST, 1979. R E S O L U T I O N WHEREAS, the City of ilenton finds it necessary to purchase a certain tract of land located in the City of Dent,)n, Texas. and more fell; Cnsc; ibed below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Robert Hare, agree that a consideration of $11,000.00 1s a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from ':he owner thereof to the City of Denton. 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 a portion of Lot 2 of the Adkisson Addition, Recorded in Volume 7, Page 22, Plat Records of said Denton County, Texas, and being more particularly described as follows: BEGINNiNt gt a steel pin at the lout;least corner of said Lot 2, and on the west line of Woodrow lane, also being the northeast corner of lot 3 of said Adkisson Addition; THENCE north 62 degrees 38 minutes 16 seconds west with the south line of said lot 2,740.86 feet to a steel pin at the southwest corner of said Lot 2; THENCE south 89 degrees 18 minutes east 662.08 feet to a steel pin on tale west line of said Woodrow Lanc; THENCE south 0 degrees 42 minutes we:, with west line of said Woodrow Lane and with th, east line of said lot 2,332.45 feet to the place of beginning and containing approximately 2.526 acres of land, more or less. 2. The City of .'enton is hereby further authorized to pay Robert Hare as owner of said described property, consideration in the amount of $11,000.00 purchase price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect Immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the liN d o ugust, 191 ~TLT-R a CITY OF DENTON, TEXAS ATTES T, CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORM: Poo Oe~j- *1j00j::~ , CTrR T rT r' B ATTORNEY, CITY OF DENTON, TEXAS ea~~■~s■~o~a , n w wsr fr• V ~ r jo I r: 1 r~ t 'v . , as W6' r AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 21ST DAY OF AUGUST, A.D. 1979. R E S O L U T I O N WHEREAS, an application in writing seeking the incorporatton of a housing finance r_orparation under the provisions of the "Texas Housing Finance Corporation Act" has been filed with the City Council of the City of Denton (the"City") by at least throe individuals, each of whom is a citizen of the State of Texas, of the age of 18 years or more and residents of the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. That, the City Council of the City has found and determined, and hereby finds and determines, that it is wise, expedient, necessary, or advisable that the corporation be formed. SECTION II. That, the City Council of the City herphy approves the form of articles of incorporation iroposed to he used In organizing the corporation, a ropy of whirh is nttnchrd hereto as "Exhihit All, and hereby grants authority for the incorporntion of the corporation. SECTION 111. That, the C'ty Council of the City hrrHby designates the Corporation for ,lurposes of Sijhparznrnph D of paragraph (h) (1) of Section 4 of ;'..13. 771? as rrpnrtr11 ',y the House Ways and Means Committee of the United States House of Representatives by vote of the, Committee gn July 10, i079. SECTION IV. That it is hereby officially found and determined: that a case of emergency or urgent puhIIc necessity exists which requires the holding, of the meeting at which this Resolution Is adopted, such emergency he ing that the adoption of this Resolution Is necessary for the. Incorporation of n housing finance corporation under the Texas Housing Finance Corporations Act"; and that the proceed.; from the issua,-Ice of such corporatlon's bonds are needed as soon ns possible and without delay for necessary nr.~J urgently needed residential housing for persons of low and moderate lncomp within the city; that said meeting was upen to the public a requ(rei by low; and that public notice of the time, place, and purpose of said meeting was given as required by Vernon's Ann. Civ. St. nrt. 6252-17, as amended. SECTION V. That all Ordinances and Resolutions and parts thereof in conflict herewith are hereby expressly repealed insofar ns they conflict herewith. SECTION VI. That tnis Resolution shall take effect Immediately from and 97ttr its adoption, and it is accordingly so resolved. r PASSED AND APPROVED this the 21st day Of AUaust, A.D. 1979. J I SH*MAYO C ITY OF DENTON, TEXAS ATTr eHOLT, CITY SECRETARY 0 R CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: BURT R. SOLOMONS, ACTING CITY ATTORNEY, CITY OF DENTON, TEXAS A I i v t A 1 1 { 1 1 ,shy' i 1 n'C~[~ M i r; Y 1 A ' A j. S 6 t''~, tr y,' ,tA 1 Cl~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 10 1/2, ENTITLED "FLOOD DAMAGE PREVENTION", ARTICLE III, SECTION 10 1/2-5; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECT:OIN 1 , r That the Code of Ordinances of the City of Denton, Texas is hereby amended by amending Chapter 10 1/20 Article III, Section 10 1/2-5 to read as follows; "Section 10 1/2-5 The areas of special flood hazard identified by the Federal Insurance Administration on its Flood Insur- ance Rate Map (FIRM) and Its Flood Boundary and Floodway Map, Community No. 48-0194, dated August 1, 1979, ,ar.d any revisions thereto are hereby adopted by reference and declared to be a part of this Chapter." SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or 9 application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not arffect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That this ordinance shall become effective fourteen (14) days after the date of its passage and approval and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Perua-d-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVFD this the 7th day August, A. D. 1979. I L t , CITY OF DENTON, TEXAS ATTE '0601_6004105;~ >4 e- CITY OF DENTONp TEXAS APPROVED AS TO LEGA FORM: IURT R, SUOMUNSj L ACTING CITY AT10RNEY, CITY OF DENTONO TEXAS 9 1•rfl~errs~~w e . 'VAN . W+~4s!w~rivM~ak~kNk~►.~►~APr~Y~riw~~PN+~W~►u~svs+l~}~hM~t . ~ J t r; , NO AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DEhTON, 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 APPROX114ATELY 3.108 ACRES OF LAND AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFICTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance No. 69-1, be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the Single Fami',y "SF-1" District as shown on said Zoning Map, and all provisions of Ordinance No. 69-11 adopted the '4th day of January, 1969, as amended, shall hereafter apply to s, 'd property as Multi-Family Restricted "MF-R" District in the same manner as other property located in the Multi-Family Restricted "MF-R" District; All that certain lot, tract or parcel of land lying and being situatedoin the N. M. Meisenheimer Survey, Abstract No. 811 City and County of Denton, Texas, being part of a certain (called) 4.33 acre tract of land described in a deed from A. E. Mackey, et ux to Albert W. Adkisson, December 19, 1955 recorded in Volume 418, Page 275, Deed Records and part of a certain first tract described in a deed from C. N. Adkisson, Sr., et ux, to Albert W. Adkisson November 27, 1946 recorded In Volume 418, Page 158, Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at the northwest corner of a tract of land described in a deed from Nettie Shultz, T. W. King, Jr,, R. J. Sammuel, Trustees of Bell Aver-je Memorial Church to the City of Denton; THENCE sout4 0 degrees 58 minutes 07 seconds east with a west boundary line of said city tract, 201.01 feet to an inner e11 corner of a 3.707 acre tract described in 6 deed from Albert W. Adkisson to V. L. McCart, et a1, Trustees of the Firs outhern Methodist Church of Denton, Texas; 1HENCE north 88 degrees 25 minutes 59 seconds west 406.61 feet to a steel pin at the northwest corner of said 3.707 acre tract; THENCE south I degree 34 minutes b1 seconds west with west boundary lini of said tract, 115.49 feet to a corner; THENCE north 87 degrees 22 minutes 39 seconds west, 176,40 feet to a concrete monument on the east boundary line of a 20 foot wide utility easement; THENCE north degree 49 minutes 30 seconds west with east line of said easement 310.76 feet to a steel pin on north boundary line of said 4.33 acre tract; THENCE south 88 degrees 39 minutes 46 seconds east 572.69 feet to the place of beginning and containing in all 3.108 acres of land, Tore or lest. 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 pity of Dentoi, texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum 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 been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the 7th day of August, A. D. 1979. g L "1TlCS CITY OF DENTON, TEXAS .a ATTEST: KS-HOLT,w MY -SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: at2ty.0910'evopl 0 - I _6 - AG CITY ATTORNEY, CITY OF OENTCN, TEXAS 7 3- '7 9 5 3~T, 91 I r, 1 y I R I VFW . ' n n e ~Pg .a+\~ a~~s.. XJ A: \ 1r i AT A REGULAR MEETING OF THE CITY COUNCIL OF THE: CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 7TH DAY OF AUGUST, A. D. 1979. R E S O L U T I O N WHEREAS, by Resolution duly passed on the 6th day of March, 1979, the City Council of the City of Denton, Texas, approved certain actions taken by the Board of Directors of the North Texas Higher Education Authority, Inc. including the authori- zation of the Series A bonds cf said Corporation in the principal amount of $20,000,000; and WHEREAS, the Board of Directors of the North Texas Higher Education Authority, Inc. has since determined that the amount of bonds to be issued should be $10,000,000 acd such amount will be sufficient to provide the funds that will be needed for at least one year; i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Resolution passed by the City Council on the 6th day of March, 1979, be and is hereby amended by changing Sections 1 and 3(e) of said Resolution to show approval of the authorization of the Series A bonds of the North Texas Highf:r Education Authority, Inc., in the principal amount of $1000000000, SECTION II. That except as amended hereby, the Resolution passed by the City Council on the 6th day of March, 19191 is approved and ratified in all respects. SECTION III. This Resolution shall be effective from and after its passage PASSED AND APPROVED this the 7th day of Au ust, A. 0. 1979. CITY OF OENTON, TEXAS ATTEST: 40OKS HOLTj CITY SECRETARY CITY OF OENTON, TEXAS APPROVE4 AS TO LEGAL FORM: BURT R. 50LOMONS9 ACTING CITY ATTORNEY, CITY OF DM ON , TEXAS ,I • ! h?J Iry +cu 'ftiq, 3~~ i ~il. I ~ ~i T A RESOLUTION by the City Council of the City of Denton, Texas, relating to the North Texas Higher Education Authority, Inc; approving certain actions taken by the Board of Directors of the Corporation; approving the Directors thereof; providing an effective date. WHEREAS, the governing body of the City of Denton, Texas on the 5th day of July, 1978, requested that certain individuais proceeded to re-organize and re-establish a non-profit corporation pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans; that such has been accomplished, the corporation being known as the "North Texas Higher Education Authority, Inc."; and WHEREAS, the North Texas Higher Education Authority, Inc. has proceeded in the development of a plan of doing business and it is now appropriate for this governing body to approve the actions take: and the composition of the Board of Directors of the said Corporation; nova, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1: This governing; body has been advired by the North exas igher Education Authority, Inc. that such Corpora- tion, upon approval thereof by the governing bodies of the Cities of Denton and Arlington, Texas, proposes to issue revenue bonds in order to obtain funds to purchase student loan notes which are guaranteed under the provisions of the Higher Education Act of 1965 (Public Law 89-329), as amended, as provided by Chapter 53 of the Texas Education Code; that such bonds would be initially issued as "Series A" bonds in the a gregate principal amount of $20,000,000 and that such bonds woui'd be payable from and be secured by a pledge of revenues derived from•or by reason of tho ownership of student loan notes and investment Income after deduction of such expenses for operating, the loan progran as may be specified by the bond resolu''ion or trust indenture authorizing or securing, such bonds and the payment thereof. SECTION 2: This governing body hereby requests that the North `:a;-3's :gher Yducation Authority, Inc., proceed with the issuance and oelivery of such bonds for the purl)oses aforesaid, and in this connection requests that the said Corporation exercise the powers eni:merated and provided in Section 53.47 of the Texas Education Code; that such non-profit corporation shall, in this connection, exercise such powers for And on behalf of the City and the State of Texas, as contemplated by Scctivr, 53.47(e) of the Texas Education Code. % SECTION 3: That the following in - to wit; struments or actions, (a) the By-Laws of the Corporation, Is adopted by the Rc-_d of Directors; (b) the Articles of Amendment to the Articles of Incorporation of the Corporation; (c) the Plan of Doing Business of the Corporation, as adopted by the Board of Directors; (d) the 'election or designation of the eight Directors of the Corporation; and (e) the author i•r.ation of the Scries A bonds of the said Corporation in the principal amount of $?-0,000,000; arn hereby approved. SECTION 4: That the City of Denton. Texas, agrees to ' accept cas t at may be conveyed to it by the Corporation when such funds are not .+ncumbered and all bonds of the Corporation are paid and retired, ',ut in no event does the City agree to assume any responsibility in connection with the administration of this student loan program; it being understood this responsi- bility is being assumed by the Corporation. SECTION 5; It is recognized h this the instruments which authorize the issuance ofvbondsgbyor~et:ra't Corporation will ;.pacifically state that the Qity of Denton, Texas, is not obligated to pay the principal of or interest on tine bonds proposed to be issued by the Corporation. Nothing in this resolution shall be construed as an indication by the City of Denton, Texas, that it will pay or provide for the payanent of any obligation of the new corporation whether heretofore or hereafter incurred, and in this connection, attention is called to the Constitution of Texas uherotn it is provided that a City may incur no indebtedness without having made provision for its payment, and the City of Denton hereby specifically refuse& to set aside any present or future funds assets or money °o_ the payment of any indehtedriess or obligation of the Corporation. S~CTIO;; 5: This resolution shall be effective from and r~fter'~t,a`-passage, PASSED A14D APPROVED, this ~ - day of 1979. A'T'TEST:r, wity o er.¢on, eras t cretngytt~-ty o $enlon;Texas s C' w w r . .w ~ S _ 1 I 1 I ^r ' . S ~4 l ~ y' i t r, a' f~' ~c 6'", ri ~ f'" Y" tf, f ~ a L , , ..1 N~' tiyp.. }C .V ~l 1 ~ i .I ~41~ r 1'~Y_•. ~n; ~ F ~ - . YM ~ - ~ " w t I ~ " `o ~ ~ t f 1 ,~f41'~M} e ~:f~ta nYtr kk ~ a ~ ~ pal, f~ ~IJ a'.r ~F1Y s ~ .'I ~'1G~.{`~F'ra'4 ~ y.,,R Si~I~~. n14~. ~J~1 ,tlv_~~4.Aa. .Y~+.~d R L."_k. .till u_l. " 1' P So rte, r AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTONr TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF AUGUST, A.D. 1979. 1P R E S O L U T I O N WHEREAS, the City of Denton has retained the consulting engineering firm of Freese and Nichols, Inc. to design, inspect and administer the construction of a 6 million gallon per day addition to the city's wastewater treatment plant; and, WHEREAS, the City of Denton has been requested by the Texas Deportment of Water Resources to modify certain engineering ser- vice requirements for subject wastewater treatment plant addition= NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The engineering Contract w!,th Freese and Nichols, Inc., be, and the same is, hereby amended in accordance with the Freese and Nichols letter of June 28, 1978,,a copy of which is attached herewith and made a part of this resolution. PASSED AND APPROVED this the 14th day of August, A,D. 1979. N S , YO CITY OF DENTON, TEXAS ATTEST; T, .I Y SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; LOMONF-p ACTINO CITY ATTORNEY, CITY OF DENTON, TEXAS r 1 SIMON W. FREESE JAMES R. N.CHOL.S S 1109ENI L. NIC"OLS F888SE AND NICHOLS, INC. OE PAUL JONM% ROBERT A. THOMISOn Ill C O N S U L T! N 6 E N 6 1 N E E R S JOE MAPES OCIE C, ALLEN ERN E ST , ELEMENT June 28, 1979 I W LANG EL VIN C, COPE LAND JOY;. A. -OOA T. ANTHONY REIO GARY N, REEVES Mr. Robert E. Nelson, P.E. Director of Utilities City of Denton Municipal Building Denton, Texas 76201 Re: Cost or Price Summary (Form 5700-41) fcr Step 3 Project C-48-1188-03 • Dear Bob: Attached is EPA Form 5700-41, showing detailed engineering costs • for the Step 3 Construction Phase of your wastewater Treatment Plant/ Interceptor Sewer Project. The total cost (line 12) is broken down as follows: Basic Engineering Costs $115,041.00 Project Inspection 226,978.00 Industrial Pretreatment Study Cost 2,202.00 Plan of Operation 1,290.00 O&M Manual 26,990.00 Start-Up b Operator Training 7,189.00 TOTAL $379,690.00 Compensation for each of the above items shall be as follows: 1. Basic _Engineering _Costs: Compensation for Basic Engineering Services s'a e a ump sum of 3115,041.00. Fees shall be computed • T LLiPHON[ 117 77•-71.1 011 LAMAR ETR99T FORT WORTH, TERA• 74109 • Robert E. Nelson June 28, 1979 Page Two on the basis of the value of construction work performed by the Contractor as reflected by the monthly estimates. Payment for Basic Engineering shall be due and payable upon submission to the City of Denton. 2. Project Ins ection: Compensation for Project Inspection (Field Representation) shall be a determined based on actual costs plus a fixed fee of $29,606.00. Maximum fee for Project Inspection shall not exceed the sum of $226,978.00. This maximum fee is based on a construction time of 600 calendar days. Should the construction time exceed 600 calendar days, the maximum fee for Project Inspection shall be renegotiated based on tnt actual construction time. Pay- ments for Project Inspection 0all be due and payable upon submission of statements by Freese and Nichols. Statements shall not be sub- mitted more frequently than monthly. Industrial Pretreatment Stud : Compensation for the Industrial Pretreatment Study shall be a lump sum of $2,202.00 which shall be due and payable upon approval of the study by the Texas Department of Water Resources and the EPA. • Plan of Operation: Compensation for the Plan of Operation shall be a ump sum of $1 0.00, which shall be due and payable upon approval by the Texas Department of Water Resources and the EPA. 0 erations and Maintenance Manual: Compensation for the Operations and maintenance anus s a e e ermined based on actual costs plus a fixed fee of $3,521.00. Maximum fee for the Operations and Maintenance Manual shall not exceed $26,990.00. Start-U and Operator Trainin : Compensation for Start-Up and Operator Training Shall be a lump sum of $7,648.00( This sum is based on providing a representative of the Engineer at the plant site for a period of twenty (20) working days. Should additional time be required for Start-Up and Operator Training, the Engineer will be compensated on a daily rate based on the hour rate and fees shown on the Form 5700-41. Fee shall be due and payable upon com- pletion of the Start-Up and Operator Training period. Paragraph 1 of Amendment No. 3 5n our Contract for Engineering Services is deleted and replaced as follows: 1. The said Contract shall be amended to include the provisions established by the Environmental Protection Agency known as Appendix C-1 to 40 CRF Part 35, Subparagraph E. as published in the federal • Robert E. Nelson ' • June 28, 1979 Page Three Ccgistcr, da+. September 27, 1978. Appendix C-i is attached cs Exhibit B. It is mutually agreed that all references to other para- graphs in Federal Regulations and Guidelines shall refere to those in effect at the time of the execution of this Amendment. If this meets with your approval, we would suggest that you execute two copies in the space provided below, and also on the attached EPA Form 5700-47, Item 14 "Grantee Reviewer." This letter can then serve to establish the engineering compensation for Step 3 services under Item 2.b of Amendment No. 3 to the Contract for Engineering Services. Respectfully yours, FREESE AND NICHOLS, INC. Aames R. Nichols, P.E. President JRN:mg ACCEPTED BY: CITY OF DENTON, TEXAS ~I By: Robert E. Nelson Director of Utilities Date: 7' ~ COST OR PRICE SUMMARY rFORMATlrFOR SIUBAGRE`EMENIIS UINDERrU.S. EPA GRANTS Form Ap1)rovcd~- 1 A ) 03111 No. 1.58 1 - PARTI.GENERAL 1. GRANTEE 2. GRANT NUMBER O- M of Denton C-_48_118803- NAME OF CONTRACTOR OR SUBCONTRACTOR Dg1F GT PROPOSAL -Ereese Nichols, Inc. June 20, 1979 S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (LIch'id ZIP cede) 6, TYPE. OF SERVICE T 0PC FURNISHED 811 Lamar Step 3 Engineering Services - Fort Worth, Texas 76102 General and On Site Representation PART II.COST SUMMARY e. DlnFCT LABOR LTpnci lr luDor rnrr~,nlr.l M7. E.U I.I T FSTIMAIEO IInki noqun; rA•{ COeT TOTALS -kroject_Dir-ectnr___~_____- -Project Engineer------ _ 1b89.. -172_5 15 29,1?6,b,0000 ._._4...8.2. 141 x1.85. _ 11,132.OO_ _ inspent,,r_ 9192. 8.39. 82,154, dO SPrrPtarV ~ - 595 =1$b - 3.4 7800 _ DIRECT LABOR TOTAL: 199.50 997.00 S 145 54~.V O. INDIRECT COSTS(fperilr lnd,recl coil pool.) RATE .BASE: ESTIMATED cost Iliract on 1 abQr_ - '--~3Q s1Q5 500,00 t,.43,b50r00 RPn raI b Admjnj.5-tj,gtjyP, I!- 145. 500 00 106 215.00 - INDIRE-C COS-T TO-T-A-L:- - - - T S _ _ t•..14~~6.15•~ OTHER DIRECT COSTS f. TRAVfI IS1rMAlrO Cbyt TIrANSPOn TA7IWJ -~;4T6.- (1) PEN DIEM Including 32,1120 _ b. EQUIPMENT, MATERIALS, SUPPLIES(Sp,rili eArN Mir.) Qir cost flifiVAT(D COST -P_rlntin8 .5,5•-'------..-. 1,2ll..OO EQUIPMENT fU0T01AL: - l 21 ~ , C. SU9CONTRACiS rtr MA11 I+ C ti;T fUBCONTRACTS 3UB10TAt: f d, OT HER (SPec)ly eureAorls A) 1 41 A 1 ( b COST ~OTIIER fUBT01Al+ j-•- ~ ' ' I'. OTHER DIRECT COSTS TOTAL! S 330' 6 10. TOTAL ESTIMATED COST PROI, IT 4915 Q .TOTAL PRICE s 379 90,00 EPA Pam $700.11 17-011 PAGE 1 OF S .Its ro r Oct Fnrm op q}I3 .A0, !f! !r)!p PART III -PRICE SUMMARY COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMAT r la. (lndle47■ Gelb for price conrprntenl ES, PRIOR QUOTES MARKET PROPOSED PRICEISI PRICE 1 ' sly r, . r S PART IV.CERT?FICATIONS TO. CONTRACTOR 144, HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIEO STATE OR LOCAL AGENCY PERFORMED ANY RE'/1Ew OP YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT 'WITHIN Yp t MAST I WELVE MONTHS? f~ Y[A No (ff "Pr/" clrr r,4Ww rdGuW And Idrp /IOnr nwlWu Wf rr.Ir.Ina olllcr) 14►, TH1% SUMMARY CONFORMS WITH THE POLLO WINO COST PRINCIPLES Costs will be in accordance with 41 CF12 1-15.4 IAe. This proposal iq submitted for use in connection with and in response to fll Request from City of Denton This is to certify to the best of my knowledge nd belief that the cast and pricing data summarized herein ate complete, current, and accurate as of (2)~ and that a financial management capability exists to fully and accu. ratejyaccount forthe financial transactions under this project. I further certify that I understand That the suhagreement price may be srblect to downward renegotlaticn and/or recoupment -where the above cost and pricing data have been determined, aR a result of audit, not to have been complete, current and accurate as of the date above. (3) June ?.B. 1979! oArc or txteurIoN / +~cH.r,At r rrorof ■ James R. Wchols PrcRidcnt wI•Lt 0► repryltn tii, oRANTEE REVIEWER 1 certify that ( have reviewed the cost/price summary set forth herein and the proposed costvprlce appear A acceptable for allbagreemenl award. OAT[ OP [Aire UTION SIGNAT,144 OF ngntwtrl TVLC 0/ Iltr~trM 1t1, EPA REVIEWER f1f !0011" G1!) 041E 00 tAecUTION rill+A rung 00, na Y,cwto MM~ w~ or oevitwxo PA Pule lf0E-11 (2411 2 Aot a i► S • ADDITIONAL WORK REQUIRED OUTSIDE OF NORMAL GENERAL REP DUE TO EPA PROJECT MONTHLY INSPECTION WITH COE AND TOWR ENGINEER 8 x 27 x $9.82 = $2,121 x 2.03 = $4,305 EXPENSES Travel 27 x 80 x 0.15 = 324 $4,6629 PROFIT 694 ST3 FINAL AUDIT PROJECT ENGINEER 16 x 17.25 = $280 BOOKKEEPER x 9.18 = $220 ZOO x 2.03 $1,015 PROFIT 152 ST sw COORDINATION OF OPERATIONS ENGINEER-4 HRS/MO x 27 MO x 9.82 - 1,060 x 2.03 = $2,152 PROFIT 323 t $os MBE REQUIREMENTS LOCATING PROJ ENG 8 x $17.25 • $138 ENG 40 x 9.82 • 393 COORD & TRAIN ENG 4 HR/WK x 4 WK x 18 MO x $9,82 • $2,828 TECH 4 HR/WK x 4 WK x 18 MO x $7,85 $2,261 x 2.03 10,330 PROFIT 1 549 STTm TOTAL EXTRA ITEMS 520,845 ESTIMATE OF BASIC ENGINEERING $115,041 EXTRA ITEMS 20 845 3 9,195 FROM FEE CURVE: CONSTRUCTION COST OF $9,000,000, FEE ■ 6.05% $94,196 1 0.0605 4 $9,000,000 • 17.3% ! ~ f ~ • ~ ~ ~'J ~"t r ,p a t; `'r ~ ~ ~~V i. i~ II p _ ~ . ~ 1 ~ r; ~x, yy e h ,A ORDINANCE NO. 7 9 -1 A AN ORDINANCE OF THE C?TY OF DENTON, TEXAS; PROVIDING FOR THE POSTING OF SIGNS BY THE DIRECTOR OF PLANNING UPON THE APPLICATIou FOR A ZONING CHANGE OR A SPECIA'. PEPUMIT; PROVIDING FOR REQUIREMENTS FOR THE. SIZE, LOCATION AND CONTENTS OF SAID SIGNS; PROVIDING A PF~lAury FOR REMOVAL OR DEFACING OF SAID SIGNS, ORGVIDING FUR SEVERAaiLifY; ANO PROVID100. AN EFFECTIVE DATE. THE CITY COUNCIL OF 711E CITY OF DENTON, TEXAS HEREBY ORDAINS; SECTION I_ No later than ten (10) days before the Planning and Zoning Commission public hearing on an ippplication for a zoning change or special permit, the applicant shall allow the Director of Planning or his designated representative to place a sign or signs on the property site under application for the purpose of ar'Vertising proposed zoning changes and special permits. Signs priced on the property site involved shall be in the best location possible fnr general public view as determined by Director of Planninq. Signs placed on the property site involved shall be no smaller than eighteen (M inches by twenty-five (25)inches and shall at minimum include the words, "Zoning Chaige Requested" and the current city telephone number of the planning department. All signs shall remain on the property site until final disposition of the zoning or special permit request is determined. Upon such a final disposition , it shall he the applIcan tIa responsibility to remove the said signs from the property site involved. SECTION II. It shall be unlawful for any person prior to a final rdisposition of an application request to knowingly remnv*, deface or injure in any manner a sign or part thereof placed upon property under the authority of this ordinance. Any person who vio)atns any provision of this ordinance be deemed guilty of a misdeme&-or, and, upon conviction, shall be punished by a fine not to exceed two hundred dollars ($200.00). SECTION III. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person -or circumstanced is held invalid by any court of competent jurisdiction, such holdlnc shall not affect the validity of the remaininq portions of this ordinance, it being the intent of the City Council of the City of Denton, Texas in adopting this ordinance, that no portion hereof or provision or regulation contained shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion hereof and all provisions are declared to be severable for that purpose. SECTION IV_ This ordinance shall become effective fourteen days from the date of its passage, and the City Secietary is directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the Cite of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED, this the 21st day of August, A.P. 1979. LL ASH-, AYOR CITY OF DENTON, TEXAS ATTEST: BRbW OLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOPY: BURT R. SOLOMONS, ACTING CITY ATTORNEY, CITY OF DENTON, TEXAS t by b~ ...r ry , r t d R i } y~f ~ F L~a fti{I f k k.'{ ,jy A4 M 'a'1 • J' y 'l ..*`i~ kF' ~t NO. ?9 - AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGVAUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 45 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING IN THE A. GIBSON SURVEY, ABSTRACT NO. 498e DENTON COUNTY, TEXAS; CLASSIFY' ING THE SAME AS SINGLE-FAMILY "SF-16" DISTRICT PROVERTY; AND DE- CLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a re- gular meeting of the City Council of the City of Denton, Texas, on the petition of Robert Welch; and WHEREAS, an opportunity was afforded, at d pL.blir hearing held for that purpose on June 26, 1979 for all interested persons to state their views and present evidence bearing upon the annexa- tion provided by this ordinance; and WHEREAS, this ordinance has been published in'tfull rt least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DE'.PPON, TEXAS, HEREBY ORDAINS: SECTION 1. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or whi^.h may here- after be enacted and the property situated therein shall bo subject to and shall bear its prorata part of the taxes levied by the City. The tract of land hereby annexed is described as follows, to-wits All that certain 45.8 acre tract or parcel of land situated in the A. Gibson Survey, Abstract No. 498, Denton County, Texas; said tract being a part of tract described in deed from Good Financial Corporation to Jahn Haeckle, Trustee as recorded in Volume •660, Page 132 of the Deed Records of Denton County, Texast said tract being further described herein by metes and bounds as follows BEGINNING for the northeast corner sf the tract berg described herein, said point being the southeatt corner of Forxestridge section I as recorded in Volume 11, Page 56 of the Plat Records of Denton County, Texasl THENCE south 000 31' 40" west 1500 feat, more or less, with the east line of said Maeckle Tract to e, point which lies 110 feet south of the south line of E1 Pasco Drive; THENCE west 240.0 feet to the west line of proposeu extension of Forrestridge Drive; THENCE north 30.(1 feet, more or less, with the west line of Forrestridge Drive; THENCE west 1105.7 feet to the west line of said Maeckle Tract; THENCE north 000 07' 43" east with the ewst line of said Maeckle Tract to the southwest corner of said Forrestridge Section I; THENCE west 1356.18 feet with the west line of Forrestridge Section I to the place of beginning. SECTION II. The above described property is hereby classified as Single- Family "sF-16" District and shall so appear on the official zoning map of the City of Denton, which map is hereby amended accordingly. SECTION III. y This ordinance shall be effective immediately upon its passage. PASSED AND APPROVED this the 21st day of August , A. D. 1979. toe, BI Sh, 'L,Y 1 CITY OF DENTON, TEXAS ATTEST: /I A MWO KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: BURT R. SOLOMONS, t, TING CITY ATTORNEY, CITY OF DENTON, TEXAS a F t rF 1a "r 4 M • ~ at P` M"y 9 MMMMI OATH OF OFFICE II, Richard 0. Stewart , do solemnly swear (or affiru) that I will faithfully execute the duties of the office of Denton Library Board of the City of Denton, Texas, and caill to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State and the Chcrter 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 contribute any money, or valuable thing, or promised any p:bltc office or employment, as a reward to secure my appointment. So Help He God." z A -12 1&1 A / -M Wr Subscribed and sworn to before me the undersigned Notary Tublic on this the 23 day of August A.D. 19 19 F 1a certify which witness my hand and seal of office. Notsubllc,ln d~ or Urnton Coanty, Tcxa~ i i k~10 v i L ~ i I THE STATE OF TEXAS, '970 xE q% KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON DEED RECORDS THAT Edwin 0. Fulton 6 Wife Jane Fulton Of Denton County, Texas , in consideration of the sum of One Dollar ($1.00)----------------------- and other good and valrsble consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by ,heae Nr:3enta gm at, bargain, sell and convey unto to the City of Denton, Texas , the iree and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by them . Situated in Denton County, Texas, in the S.C. Hiram Survey, Abstract No. 616 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, S::ate of Texas, and being part of tie S.9. Hiram survey, Abstract No. 616, and being part of a tract of land es con- veyed from Mable K. Sullivan to Edwin O. Fulton 6 Wife Jane Fult n by deed dated March 29, 1976 and recorded in Volume 780, Pagn 659 of th4eed Records of Denton County, Texas, and more particularly described as follows BEGINNING at a point in the east boundary line of said Fulton tract, '3ame being the west right-of-way line of U.S. Highway 377, said point of begin- Ing being 192.46 feat north 6011153" west of the southeast corner of said Fulton tract; THENCE north 82021104" west a distance of 312.35 feet to a point for a corner; T"ENCE north 6011'53" west a distance of 16.48 feet to a point for a corner THENCE south 82°21104" east a distance of 312.35 feet to a point for a cor- ner in the east boundary line of said Fulton tract, same being the west right-of-way line of U.S. Highway 377; ` THENCE south 6°11'53" east, along the east boundary line of said Fulton tract, a distance of 16.48 feet to the place of beginning and containing 4,997.93 square feet of land, more or less. And it is further agreed that tie said the City of Denton, Texas . in consideration of the benefits above set out, will remove from the properly above described, such fences, buildings and other obstructions as may now be found upon said property. Forthepurposeof constructing, installing, repairing and perpetually main- taining public utilities in, along, upon and across raid premises, with the right and privilege at all timts of the grantee herein, his or Its agents, I employ ees, workmen and representatives having in'reus, egress, and regress h% along upon sad across said premises for the purpose of making addition Co, improvements on and repairs to the said publicc utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. itness ou , hand s , ,this the of A. D~p , 9. 171 't .1C c( ~L t ( ~ ~ r T N JA E FULTON g SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority, COUNTY dF_ DENTON in and Jor oldl ~ Panty, Texas, on this day personally appeared _ _ _EaWl•fl•__Q.,__ U1 0I1._ctly(3 wife __Jane . FU1t9A' II'i - - - - - - known to me to be the peon S whose name . area subscribed to the foregoing instrument, and ack• owledged to me I tha' k the Y' elt%cntaa jIae same for the purposes and consideration therein expressed. C GIVEN VNDilkMY ELAND AND SEAL OF OFFICE, This ~ day of. *C bED , i g Notary Public, DentO _C y, Texas My Commission Expires June 1, 19. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS! l COUNTY OE BEFORE ME, tha undersigned authority, _ f in and for said County, Texas, on this day personally appeared known to me to be the person whose name subscribed to the foregoing in?t111nPnt, an(. nct:nrwlcdgcd to me that .__.he----- executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day A.D. 19 Notary Public, - County, Texas >iv f nmmis-Inn Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, I BEFCHt1: ME. the undersigner, authority, COUNTY OF. in and for said County, Traa9, on this day rvrsonnlly appeared 01, v n t.. nw to 1,• th,• prs n rnd Oriircr whose name Is subscribed to the I-. rv , rliti i-.,!,vil t Iv -1 n; l,•;oxi„!rcl t" !r C't !lr the net rf tie -ail a corporation, and that he ctrcutrvl tlrr son.,• r. tli• al,~t r•:h r. ( q" r j 1"a an! c,nrii.rrti,n @,crcin expressed, and in the capacity thircln atabd, GIVEN UNDER MY HAND AND SEAL OF OF'FIC'E:, Thls day cf A.D. 19 (L.S.) Notary Public, County, Texas My Con iaa,m Expirrs June 1. 19 CLERK'S CERTIFICATE THE STATE OF TEXAS,. I 1 , County C'IUNTY OF., ~1p~ Cl..ek of the County Court of said County, do hereby certify t~~~ n t i t ~eMiting dated on the day of A. D. 19 1MrrpylMMlrlQtiAslMA~r~M tY1NNM lh!'1, s,es Mid for WIN 1W record In my once on the day of b~`S4a tr a+ "PK*i,4 rw It , anal d,iy na pat, d tM ra^y 174, lf., in the recorded this. dap of li ~sf Taw as 1(ax ' -d aen6li A4 .."I Records of said CulvntyAUbk8, 1J~9 ' rn pagu , WITNEfS MY HAND AND SEAL OF THE COUNTY COU County, at tffuue n ~ . , the day and ) r ! . qO 4 County crJr' . . ! County, Texas. (L, 8.) Hr J owl 2111111111111111111166 to" Vrpuly. t A ` FILED i p d z l~~ 91 H , 4 it. `INA I O t7 9"10 PAULUS -4 a A.54~'ARRAN iY DEED-With Ctaad cad Car.~atiaa AcYn~kdamwt. MARTIN Smlwaerr Co., Da1W I I THI STATE OF TEXAS, WL 970 MU 874 COUNTY OF....DEHTON Know All Men By These Presents: • DEED RECORDS f That IRWIN ZITZELBERGER 25696 It of the County of Denton , State of Texas for and in consideration of the sum of ~i --------------SIX THOUSAND AND N01100 ($6,000.00)--------------DOLLARS, j to him in hand paid by the City of Denton, Texas I ~j ~I I j have Granted, Sold and Conveyed, and by thew presents do Grant, Sell and Coo%ry onto the said City of Denton, Texas of the County of Denton State of Texas all that certain lot$ tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the %b. Neill Sur- vey, Abstract No. 971, and also being part of a tract of land as con- veyed from Glynn L. Mitchell to Irwin Zitzelberger by deed dated April 21, 1976, and recorded in Volume 784, Pago 518 of the Decd Records of Denton County, Texas, and more particularly described a° follows: i BEGINNING at the northwest corner of said tract, said point of beginning lying in the east right of way line of Bolivar Street and being 62.10 feet (called 59.0 feet) south of the intersection of the east right of~ way line of Bolivar Street and the south right of way line of McKinney Street and also being the southwest corner of a tract of land as con- veyed from Ernest M. Porter, et ux to t1.a city of Denton by Deed dated January 3, 1975 and recorded in Volume 731, Page 137 of the Deed Records of Denton County, Texas; j THENCE north 890 59, 22" east along the north boundary line of said tract a distance of 82.16 feet to a point for a corner same being the northeast corner of said traetl THENCE south 00 311 38" east along the east boundary line of aaid tract a A tatance of 21.0 feet to a point for a corner same being the , southeast corner of said tract y a i I THENCE south 890 58' 22" west along the south bc-indary line of said tract a distance of 82.16 feet to a point for a corner in the east right of way line of Bolivar Street said point also being the south- west corner of said tract, THENCE north 00 011 39" west along the west boundary line of said tract same being the east right of way line of Bolivar Street a dis- tance of 21.0 feet to the place of beginning and containing 1725.36 square feet of land, more or less. E I ' To HAVE AND TO HOLD the abn-e described premises, together with aU and angular, the rights and • appurteauxes tbaeto in anywise beloogiog unto the aid City of Denton # Texas, its successors UK and asagns forever; and I do hereby bind myself heirs, execvtm std administrators, to Witrrant and Forevn Defervi all and angular the said premises unto the said City of Denton, Texas, its successors Iglu and assigns aggng nTry person whomsoever lawfully thimina, or to claim the same, or any part j thereof: y:., ; Wiln.-sa My hand at Dontone Texas this 24th day of August # A.D. ig 79 Wiusesaa at Request of Grantor! _.,w.__...._........ . . ~ .970 X875 _,_...T.....~__._...... I• 1 1 I ACKNOWLEDGMENT ` `7n THE STATE OF TEXAS, rU tneE H , BEFORE ME, the undersigned authority, t COUNTY OF_...DEN.TON........... In and for said County, Texas, on thin day person y appeared..._...... IL W~FI ZiL2QlbPI gt3Y _ known to me to be the person _whose name 1S............. subscribed to the foregoing Instrument, and acknowledged tc me that be be-3 gi*W4 the same for the purpose and consideration therein expressed. I Y HAND AND SEAL OF OFFICE, This fay oL.......__.... AV~iu.B.t..,..._..., , A. D. 10..19..... ar - w• l ~ Notary Public_ bl en C ' otary u i to t ` ovnY. Texan 2 4 My CommMon Expre June.... 3Q_ l9. D_N U, ACKNOVI LEDCME\ f "4,In mp, THE STATE OF TEXAS, I BEFORE ME, the undersigned authority, COUNTY OF............................... In and for said County, Texas, on tlis clay personally appeami.... . known to me to be the person._._....whose name......... to the foregoing 4utrument, and xknowk+lged to toe that I he......executed the same for the purpose sndionsidmtion therein experwd GIVEN UNDER MY HAND AND SEAL OF OFFICE, This._._.._ day of. A D. 10._.._..... (L. S.) Notary Public .......County,Texu Illy Commisaion Expires June..._.,...___._...._-.......__.....,...... „ lo._..._. CORFORATIUV ACKNOWLEDGSIF\7 THE STATE OF TEXAS, BLFORR %IE, the uwIrnlgred authority, COUNTY OF........ in and for Wd County, Texas, on this day fxnonally appeared _ _ _ _ . . kaowo to eta to be the person and officer whose name Is subscribed to the foregolntt instrument and acknouledgeel to me that the same was the act of the uld.., a corporation, Lad that be executed the eau aa the act of such corporation for the purposes and coe"ration therein rtprnaed, and is the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE. Thk dal of A D if j (L. SJ Notary Pubbe, Coaely, Ttw Illy Comm`lhn F.a1:ra Jure 10 1 THE STATE OF TEXAS, l COICQTY Or..., , County Ckrb of the County Court of acid County, do bereby certify that thl foaeaol" tnatrvmeal of writing dated on the.. ........Malay oL...__._...,_..._.......,._.. AD. 10 tllttlu Certilkale of Autluatkatlon, was filed for word in my office on tbe__ _ day of_ _ , A D. 10.. at ...._...._..o'ctr k ..._...._._M., and wan duly recorded day A D. N.....,......, at__ a c)ock ..................-M., In the Records of said County, la Vol- nme._._ oat page..._ WITNESS my band and sal *I the County Court of SAW County, at my oiler In _..lM day and yest tut abovt written. CkA County couAm _ _ . .................._...._..........................,.County, Tew (L. B.) 6y...._,w,..... . Deputy, ' {I 4 I j I~ i G7 3 ! I P to rf t I i `C ~ t ~ ~G f Cf f i t f ' 'r 3 3 I ' j i~ I 'r $7 { E I i ? i i t 1 I I z A~ ° ~ t I I k i I I ~ b! ~ I ' ~ Y 8 ~ I I ! O i O 1~, 'tN*1 it4 d to C O N T R A C T THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TAKI ANT X That this contract is made and entered into this F 1979, between the City of Denton, Texas, day of ,or a Home Rule Municipal Corporation, Denton County, Texas, herein- after referred to as "City", acting herein by and through its Mayor, and PROFESSIONAL APPRAISAL COMPANY, INC., a Texas Corp- . ition of Arlington, Tarrant County, Texas, acting herein by and through its President; hereafter referred to as "Company". WITNESSETH WHEREAS, the City Council of tra City of Denton has determined that there is a necessity for and that it will be to the best interest of the said City and the taxpayers generally to employ experts skilled in the appraisal and evaluation of property so that all taxable real and personal property may be properly valued for taxation and the values thereof equalizedi and said City desires to obtain information, data, and assistance to enable its Tax Assessor-Collector and Board of Equalization be ;er to perform their respective duties and functions as re- quired by law; and WHEREAS, the appraisal and evaluation of taxable veal and personal properties for ad valorem tax purposes is a spociai- ized art -equiring training, skill, experience, and expert knowledge; and WHEREAS, said City Council of the City of Denton believes that the Professional Appraisal Company, Inc. and B. Barney Baker, President thereof, possess special skill, technical knowledge, and the experience required, essential, desirable, and necessary for the appraisal of taxable real and personal properties and the furnishing of expert advice and assistance to its taxing officials and that it should contract for the services of Professional Appraisal Company, Inc. and B. Barney Baker in the amounts hereinafter stated: NOW, THEREFORE, PREMISES CONSIDERED, the parties AGREE as follows: 1. City hereby employs the Professional Appraisal Company, Inc. to make a survey of all properties, real, personal, and mixed, situated within the boundaries of the City and to estab- lish values so that a program of annual updating and equalization of property within the City may be instituted t.~ the extent it is economical and feasible so that the value of property will be realistic, fair, and equitable for all ensuing years. 2. The respective duties of the parties are as follows: A. City AGREES: 1. To provide all building permit information to Company. 2. To provide Company a list of ill new sub- divisions or additions recorded during the year and a copy of the plat for each. 3. To provide Company with a list of properties on which zoning has been changed so that valuation records in the tax office can be corrected to reflect the change in coning. -2- . 4. To review all appraisals submitted by Company. 5. To prepare valuation notices as necessary for all properties on whic'► the value has been changed. 6. To arrange a time and place for the Board of Equalization meetings and notify Company at least thirty days in advance in order that Company may have a representative present. B. Company AGREES, at its expense: 1. To measure all newly constructed or altered buildings, obtain pertinent data on same, and make an appraisal on these residential prop- erties within the city limits from building permit information. 2. To check the personal propert•.• route list by driving or walking each street, road, or high- way in the city for the purpose of obtaining pertinent information on changes, additions, or deletions which should be made a part of the personal property route list. 3. To appraise all new commercial and industrial structures. 4. To review all personal property renditions and ansessmentsr and to appraise all new or enlarged firms for personal. property values. 5. To appraise all new subdivisions fi:.ed within the City. 6. To reappraise all properties on which tho zoning has been changed. 7. To reappraise all areas on which bJte nlana are accepted ay the City. 6. To maintain i sales/analysis/ratio study of properties throughout the City. 9. To reappraise any property, either real or personal, deemed needful of adjustmens: by the Tax Assessor or the Company. 10. To provide consultation to the Tax Assessor as needed. 11. To provide for a qualified representative of the Company to be present at all meetings of the Board of Equalization. .3- 3. A. That the Company shall be employed by the City to provide services herein described. The term of such employment 3h .11 begin on the first day of Spptrub~r , 1979, and shall be for a period of one year. ' 9. Assuming the Denton Independent School District joins in the execution of this contract Company agrees that the compensation for the joint services to be rendered by Company to the City and Vie District shall be in the total sum of $18,000.00 which total sum to bo paid in monthly installments of $1,500.00 each, of which amount District will pay to Company $900.00 there s of and City will pay to Company $600.00 thereof, with the first + installment due on the first day of September , 1979 and like payments on the first day o ~,ch succeeding month thereafter until the total sum of $18,000.00 shall have been paid. .P C. Should in the conduct of those services for which Company is being employed, the personnel of Company conduct them- selves in suck, a manner as, in the judgment of the City Council of the City and the Board of Trustees of the District; assuming District is a party to this contract, to be damaging or jeopardiz- ing the relationship which each has with the citi;:ens of the District and City, notir,•e in writing of such fact shall be given to Company •rhich Rhall then have a period of thirty days to assure District and City that such conduct has been corrected and if such assurances are deemed insufficient by District and City, then and in such event this contract may be terminated by thirty days notice to Company. -4- D. It is further agreed that all information gathered and assembled in whatsoever form by Company for City on the up- dating as set forth in this agreement, shall become the sole property of the City and in like manner, should District join in this agreemer._, all information gathered and assembled it. whatsoever form by company for District on the updating as set forth herein shall become the sole property of the District .end upon termination of this agreemnt Company agrees to deliver custody of all such records and information to the City and District respectively. IN WITNESS WHEREOF, we execute this contract on this day of , 1979. go, CITY OF DENTON, TEXAS By , G. Chris Hartung, City Manager ATTESTS 4 e Ho t, City Secretary CITY OF DENTON, TEXAS PROFESSIONAL APPRAISAL COMPANY, INC., a Texas Corporation By 4. Barney Ba er President r • ~~.T ~k ; i ~ ~ p iii C~ - F_, :~r . t ti i. f } ~L r F 3 j'. r , , - , ~ , ka is , .t , , p ~ p F. r. ; AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 20TH DAY OF AUGUST, A.D. 1979. R E S 0 L it T I 0 rl WHEREAS, on August 1, 1979, Lone Star Gas Company applied to the Texas Railroad Commission for an increase in City gate rate charges; and WHEREAS, Current gas rates in Denton provide for the flow-through of increases in the city gate rate which are authorized by the Texas Railroad Commission; and WHEREAS, the requested change in rates would result in increased charges to residential and commercial gas customers in Denton; and WHEREAS, the City Manager and the staff have in the past cooperated with other Texas cities in procee.0rigs before the Texas Railroad Commission to protect the interests of Denton gas customers, and recommend participation in the following described proceeding in a simlIiar manner. NOW THEREFORE, BE IT RFSOLVI'0 BY THE CITY CnUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The City Manager and the staff are hereby authorized to intervene and participate in proceedings before the Texas Railroad Commission, rase docket numher GUD 2087 whereby Lone Star Gas Company has requested an increase in city gate rate charges, to insure that the interests of Denton residential and commercial gas customers are properly protected, SECTION II. The City Manager and the staff are herehy authorized to cooperate and join weth other Texas cities in these proceedings. SECTION III. ThIs Resolution shall take effect immediately upon its passage in accordance with the provision of the Denton City Charter. PASSED AND APPROVED this the 20th day of Au~tust, A,n, 1919. lffil-S P1"5' ffX"T: "Pk"rp-"- r,ITY r) DfrlTnN, TEXAS ATTEST: SHVETUT CIfY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: IJtirRFR. SOLOMONS, ~ ETTNi~'-" CITY ATTORNEY, CITY OF DEPTON, TEXAS i I i f Ci b C b t i ~ 1 .-CONTRACT & AGREEMENT ' U NTY OF DENTOiI X AUG 2 .8.1979 This contract and a'3reement made and entered into on this the , j day of , 1979 by and betcreen the City of.* Denton, Texas, acting hereein by and through its Mayor., thereunto duly authoiized by resolution of the gc,• arn.'i.ng body of said City, hereinafter called "L'~nnton", and the City 'of Ponder' Texas, acting herein by and through its Mayor, thereunto duly ,'authorized by resolution ofr,the governing body of said Citty, hereinafter called' Ponc?er ' l1ZTNI SSETH: , . 1. Denton hereby agrees to provide ambulance service'to the cititens,of said Ponder` ; , 2. `'Denton hereby agrees that. (1) the Denton County Ambulance: Committee may inspect and evaluate all4equipment and service being provided by Denton at any time and (2) *that prior to•receiving any monies, from Ponder • , Denton's ambulance service will meet or;.. exceed all standards of equipment- and service, as determined by the Denton County Ambulance Co:ti'nittee. 3. -Denton agrees to carry Mibility and malpractice insurance' on the Vehicles and personnel. .g. it is expressly agreed and understood by-the parties heretd that the ambulance service agreed to be' furniul+ed by Denton in neces• warily subordinate to the best interests of the citizens of'the'City=.-- ti., +i,1,4.. ' of Denton,,' and that the determination of whether or not.-personnel. O'j•! X:,. ;and equipment are avai :abllr: and nlco, the number of. personnel and amount of equipment to be seat, if any, in the event of thoheed ' : for ambulance service rust )iecessarily be left to the discretion' ' of Denton, tn4 it is agreed that the d^cisi on of the 'Cit:y Manager of the City e:" Uentc,., or his destgnatca represents+tive; , in'con- . nection with these r,.attern is final. 5. It is understood and ngreed by the parL-.tes hereto that if for any mason beyond reauonable control •nentu.+ does not furnish prrwo-.n,-a and/or equipment for Ambulanca service outside of its ';:aorpornte Limits; although notified of the need•for such service, .ti th"dt`D~ntorl chanoF' b~'•'l:fab4li-•ir. dapa( !W'ot oth'?raise, C&CIIhIm rSi2+ ra to Lurniulr tho ari„,~~r :a-Pd- Ponder i:ntets into•thi'a rigrCgnent With With .`ttiis%i:+RdQSS,~:~Kci[ng. , vonuer "9LUMB To Pay • Denton pun y , N,ty' ulance Committee { $225, 00 ) to provide t - ambulance servicL to the citizens of Ponder, for a period of one year. 7. The City of Denton is not prohibited by this contra~.t from charging any patient usino, such services' fees as maybe pro-.• vided by Ordinance of'the City of Dentoa, Texas: 8• :It is rxp-essly unaerstood and agrccd that, in the exe- cution of this con~ract and agreement, neither Denton or Ponddr. waives, nor shall.ba deemed hereby, to waive, any Immunity or defense that would otherwise be available to it t;gainst clait,ts arising in the exercise of governmental powers and functions. 1. This contract and agreement shall Contiatie and be ~n fu?.l" force' and effect: tiA such time as either party,hereto, by'notzce `-'to the other, may terminate the same, such termination to be efcec•- tive not less than' ninety (90) days after the giving of-;uch natic;e. 10..'At the expiration of the primary terms hereof, this Con- .1 ?tract may be rene{ved and extended from year to year without"t?te necessity of additional formalities or resolution; minute orders, of ` both p'arties' governing bodies being sufficient.' ' EXEMED at Denton, Texas, on'the day and year fiist above written. ` . CITY OF DENTONr TE S r C CHRIS FAATUN07, CITY MP.NAGEF ATTEST: ; : a, [ OOKS ItOL?', CITY SECRETARY CITY OF TEE"-5 CITY OE'' PONDEgY_ By kly, ATTEST: t i CITY 8ZCRETi1R CITY OF PONDER TEXAS j t ~ 1~T.. •;jY • r ti.'~••'27'~C i'L ~A l' j'[ ' .,;f r t r ✓ 1 • ' .rj1' t fN• r 1t., ; , • r3, fa.f.~ . .•ir^ry~... r i ~ t7, < i .r ` 7 •1 y~:'r ttiY $`~f ~.iw ~ ' . , ~ -L 'I.StTl ..L 11 uf. r L.S i '.1•i7~~::~rti. TOWN OF PONDF'R, TrxAS C/O ALRXA\OER UFLISSUN, if 152 BOX 224 YONAFR> TEXAS 76:19 PAY TO THE ~frr2iC4lt.~ L~Plsjr~ Gtiy~(Jjiz~,,~~ ORDER OF f/Z✓[~/ ~Lt/`P ,~-r~t/~C~ Jf /d J --DOLLARS + 'firstDentoJ~n National ASmlhwest Bank a•r t. FoR .,~ri~xii: I ~tl4 =G-E cl:iLL902Lt,9l: V2051119ialllSill "r1Y1w>/l~T~•~'iTTRTi+.1~.'.~'T.'vF.~.MM1+.t•~Y,!sr;Y+\,"~[.~rtAN_.Cl+ /"0'.'.".'1'T~1)'q!1r.•'.I.. • • 'R^FFi!c'y.1TJF'4f~4iv+.TJ I".ts.aT~~"+\'~4M. R.n t~r~l•~~_~•f~~f .f•1Yrt~0•• •ut Yii94) AUG 2 81979 AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE C'.TY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 14TH DAY OF AUGUST, A.D. 1979. RESOLUTION WHEREAS, by Resolution duly passed on the 14th day of April, 1970, the City rntincil of the City of D(-.-.C6n, Texas, approved the creation of the "Denton Housing Authority" pursuant to the "Housing Authorities Law" of the State of Texas; and WHEREAS, a project to rehabilitate what is commonly known as the Dreamland Apartments, a housing project more particularly described in Exhibit "A" attached hereto and made a part of this resolutio.i, has heen contemplated and planned by thr- Denton Housing Authority; NOW THERE?ORE, BE IT RESOLVED BY 'POE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. f The Resolution passed by the city Council on the 14th day of Aril, 1970, be and the same Is hereby r,,nended to authorize tt•a Denton Housing Authority to provide housing for low-income persons at the said Dreamland Apartments. SECTION II. Except as amended hereby, the Resolution passed by the City Council on he 14th day of April, 1970, in approved and ratified in all respects. SECTION III. This Resolution shall he effective from and after its passage. PASSED A:) APPROVED, thi& ti.e 14th day of August, A.D. 1979. 11tt ASH, MAYOR CITY OF DENTON, 'TEXAS i ATTESTt Aw4e4w OIfR60XS HOLT, CITY SECRETARY CITY OF DENTON, TrXAS APPROVED AS TO LEGAL FORMt BURT R. SOLOMO S, ACTING CITY ATTORNEY, CITY OF DENTON, TEXAS R11' tAt ~certaiu tract or parcel of land being a part of the Hiram c' 320 S2co acre Survey, Abstract 1;o. 1184, Denton County, Texas, and being a part of a tract conveyed to Verne L. Carrington and wife, Oneita Carrington by R. A. Kerksieck and wife, by deed record d in Volume 348, Page 258, of the Deed R`-cords, D_nton County, Texas, z,nd being more pc.rticularly described e.s follows: ELGINRl1G at the intersection of the North line of Hickory Street (50 feet wide) with the East line of the Solo,lon Hill P.66tion, said interscction, Ming 586.50 feet south from end along raid edition line from the Southeast corner of the E.P.B. and C.R.R. Comp~-.ny Survey Scrip No. 111, Abstract No. 185, and at the Southwest corner of Block C of the Replat of R. Kerksieck Subdivision; UTMICE South along :aid Soloaron Hill Addition line, being the vest line of said Cerrinotcn tract, a distance of 1455.62 feet to the £outhwest corner of said Carrington tract, being the South line of said Sisco Survey, an Iron Rod for corner; 71:i]4CE foujh 89 deg. 27' 50" East along t};r South line of said Sisco Survey, a cistance of 274.0 feet to the Southeast corker of said Carrington tract, an iron Roc for corner; ;~;ET C, i;orth 00 Deg. 00' 45" East along the East line of :,aid Carrington fret[ being the 1•Jest line of the Geerge T. Lillard 28.65 acre tract, a distance of 2000.6 feat to the eastward prolongation of the North line of Hickory Street, ran Iron Rod for corner e'_ the £outhcast corner of El00, D If the Pc-Plat of the R. A. Kerksieck Subdivision; 7t;E2,'CE South 89 deg. 29' 30" West along prolongation of said line a distance of 274.5 feet to the place of begir.iin3, containing approximately 547,981.67 SgUP-M foot or 12.5795 acres of land, more or lelvs, and beinq further described as E)reemland Addition, an tddition to the City of Denton, Denton County, Texas, as snotrn by plat of record in Voltsrk 6, Page 32, Flat Rceords of Denton County Texas. - w.: ~ , fi. . - e 'E ~ ' 1 ~ _Y ~Q ~y C' C ~ ~ , ~ ~ ~ , 'r A r df r, w ~ ~ ...1 i ~ Y t.~ i i , i R I' ~ ' ~ ~ i t~~R~ it . 1.. , n - ~ 1. ~i ~ ny. ~f