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HomeMy WebLinkAbout09-1978 IFPTFM ISE R _-...1978 APPZNDIX J City of Denton I Included herein are the financial statements and Auditors Report for the electric utility system for the focal years ended September 30, I978 and 1977. Alaxander Grant i COMPANY INTER44ATIONAL FIRM CEATi F18D PUBLIC ACCOUNTANTS ALEXANDER GRANT TANSLEY WITT Honorable Mayor and City Council City of Denton, Texas We have examined the balance sheets of the Electric System Fund of the City of Denton, Texas as of September 30, 1978 and 1977 and the related statements of operations, changes in System equity and changes in financial position for the years then ended. Our examinations were made in accordance -with generally accepted aadit- ing standards and, accordingly, included such tests of the account- ing records and such other auditing procedures as we considered necessary in the circumstances. The net carrying value of the electric system utility plant in service was increased to the appraised replacement value, as determined by independent consulting engineers at September 30, 1967 (Tote A). The recording of appraised values in excess of cost and the charging of annual depreciation of $283,159 of such excess value directly to System Equity, rather than to expense, is aot in conformity with generally accepted accounting r,vinciples. Had the aprraisal values in excess of cost not been recorder;, the Utility Plant in Service and System Equity shown in the Electric System Fund would be reduced by $1,736,750 and $2,019,909 at September 30, 1978 and 1977, respectively. In our opinion, except for the effects on the financial statements of the matter described in the preceding paragraph, the aforementioned financial statements present fairly the financial position of the Electric System Fund of the City of Denton, Texas at September 30, 1978 and 1977 and the results of its operations • and the changes in its financial position for the years then ended, in conformity with generally accepted accounting principles applied on a consistent basis after restatement for the change, with which we concur, in the method of reporting transfers to the General Fund more fully described in :tote B. Dallas, Texas December 8, 1978 ]•1 ONE MAIN PLACE CALLAS TX 75250 1214) 748-0100 City of Denton Ter,as Electric System Fund BALANCE SHEETS September 30, 1978 and 1977 ASSETS 1978 1977 CURRENT ASSETS Operating Fund Equity in pooled cash (Note C) $ 1,428,342 $ - Time deposits and accrued interest 5,047,226 Accounts receivable (less allowance of $435,852 - 1978; $321,872 - 1977 for uncollectibie accounts) (Note A) 3,897,623 3,341,985 Due from other funds 10,349 79,307 Inventory of fuel (Note A) 973,485 1,140,685 Prepaid expenses 47,379 37,356 Deferred cost on Lone Star Gas retroactive rate adjustment (Note F) - 478,821 Rebate receivable from Lone Star Gas (Note F) 303,516 11,407,404 5,387,070 RESTRICTRD ASSETS Ple:deed Revenue Fund cash (Note D) 43,175 - ReVenue Bond nebt Service Fund (Note U) Cash 1,232,251 'rime deposits and accrued interest - 24,216 Due from Electric Operating Fund - 310,734 Retirement Fund (Note D) U. S. Treasury obligations and accrued interest - at cost 435,199 - Revenue Bond Construction Fund Cash 81,809 236,828 Time deposits and accrued interest 211,621 92,231 Revenue Bond Reserve and Contingency Funds (Note D) Cash - 194 487 Time deposits and accrued interest - 1,92C,835 U. S. Treasury obligations and accrued interest - at cost 2,573,493 - System extension and irprovement Equity in pooled cash (Notes C and D) - 4 615 177 3,345,2T6 8629,759 UTILITY PLANT IN SERVICE (Note A) Land and land rights 291,329 291,329 Electric plant production and distribution facilities (less accumulated depreciation and amortization of $19,044,539 - 1978; $17,667,170 - 1977) 25,383,855 25,756,730 Construction in process 821,788 1,279,497 66,496,972 270327,556 INVESTMENT IN INTRAGOVERNMENTAL SERVICE FUNDS - AT COST 180,747 180.747 $4:,430.419 $41,525,132 The accompanying notes are an integral part of these statements. 1-2 LIABILITIES AND SYSTEM EQUITY 1978 1977 CURRENT LIABILITIES (payable from, Operating Fund) Deficit position in pooled cash (Note C) $ - $ 3,617,043 Accounts payable 1,533,599 1,227,438 Accrued payroll and vacation pay 125,807 106,321 Due to restricted and other funds 257,967 401,768 Customers' deposits 232,439 197,2:2 Accrued Lone Star Gas payment retro- active rate adjustment (Note F) - 471,,821 Rebate payable to customers (Note F) - 20 677 2,149,862 6,234, LIABILITIES PAYABLE FROM RESTRICTED ASSETS Revenue Bond Debt Service Fund Revenue bonds payable within one year - 1,044,000 Accrued interest 604,443 341,835 Revenue Bond Construction Fund Accounts payable 82,912 79,566 Due to other funds 5,495 43,060 692,850 1,508,461 LONG-TER.M DEBT (dote D) Revenue bonds payable - ex:lusive of maturities due within one year 19,255,000 16,902,000 Bond discount - Series 1976 (350,197) - 18,904,803 18190' SYSTEM EQUITY Res9rves Yo r revenue bond contingencies 2,573,493 2,118,322 for system extension, and irr,rovement - 4,615,177 Unrealized increment in valuation of utility plant in service (Noto A) 1,736,750 2,019,909 Contributions in aid of construction 169,783 161,203 Retained earnings 15 202 878 7,965,780 19!682!904 16, 80,391 COMMITMENTS AND CONT;NGENCIES (Note E) - - $41,430,419 $410325,132 City of Denton, Texas Electric 6ystem Fund STATESfENTS OF OFERATIO;YS Years ended September 30, 1978 and 1977 1978 1977 Income Electricity sales (Notes A and D) Customers I ntr omvernmental $17,757,409 $10,202,663 Resale powar income 807,897 758,595 Other 95,465 660,565 32 753 86 450 18,84,4 4747 17,70 8,273 Expenses Salaries and wages Fuel 1,149,816 1,057,507 Purchased power 8,094,832 9,263,223 Supplies Supplies 3,084,503 11116,850 193,050 97,934 Insurance 217,301 1F6,206 Administrative services 156,686 128 968 ,294 Services 395,180 456,968 Bad debts 215,700 232,070 Sundry 128,699 120,120 7,367 14,141 13,5_ g312 9 12,6_ 73 316 Operating income before depreciation 5,050,395 5,039,957 Depreciation (Note A) LljO941211) 1 050 603) Operating income 3,956,139 3,984,354 Interest income 317 271 234 703 Bond interest and fees IFT 05 4, 1 ,O 7 (1,0_ 7,_ 3`758) (825,58:, ) Net income before transfer and extraordinary income 3,199,647 3,393,476 Discretionary transfer of excess revenue to General Fund (Note 8) 1 022 823) _ 5,168) Net income before extraoruinary income 2,186,824 2,538,308 Extraordinary income - gain on advance refunding (Note D) - 890 , ?68. _ NET INCOME $ 3,077,002 $ 2,538,308 Th9 accompanying notes are an integral part of these statements. 14 City of Denton. Texas Electric System Fund STATEMENTS OF CHANGES IN SYSTEM EQUITY Years ended September a0, 1978 and 1977 Resarves Revenue Extension bond contingencies and improvement 1978 1977 1978 1977 Balance at beginning of year $2,118.322 $1,968,789 $4,615,177 $2,885,447 Additions Transfers from Operat- ing Fund (Note D) 2,573,493 149,533 1,288,628 2,213,534 Contributions by customers - - - - Net inccme - - - Transfer from reserve for extension and improvement for additions to utility plant in service (Note D) - - - - Transfers from restricted assets as result of re- funding bonds (Note D) - - 2,573,493 149,533 1,288,028 2,213,531 Deductions Transfer to retained earnings as result of refunding bonds (Note D) 2,118,322 - 5,517,538 - Reduction equal to extension and improve- ments made during the year from current revenues (transfer to retained earnings) - - 386,267 483.804 Amortization of unreal- ized increment (Note A) - - - - Transfer to reserve for extension and improvement - - - Transfer to reserve for revenue bond contingencies - - - - 5,903 0 8.3 . 0 Balance at end of year $2,573,495 $2,118,322 $ - $4,615,177 The accompa,jing notes are an into;ral part of these statements. 1~ Contributions UnreaA zed increment in aid in valuation of construction Retained earnin s_ _ 1978 1977 1978 1977 1978 X77 $2,019,909 $2,303,069 $161,203 $124,944 $ 7,965,780 $7,306,735 _ 9,580 36,2S9 - - - - - - 3,077,092 2,538,308 I 386,267 483,804 7,635,860 8,580 -T6-TM 11,099,219 50022,1 383,159 283,160 - - - - - - - - 1,288,628 2,213,534 _ 2,573,493 149 533 2~3,1~9 283,160 - 3,862,121 2,36 $1,736,750 $2,019,909 $169,783 $161,203 $15,202,878 W7,965,780 J.7 City of Denton, Texas Electric System Fund STATEMENTS OF CHANGES IN FINANCIAL POSITION Years ended September 30, 1978 and 1977 1978 1977 Sources of working capital From operations Net income before extraordinary item $ 2,186,824 $ 2,538,308 Charge not requiring working capital Depreciation 1,094,211 J.1050,603 Working capital provided from operations before extraordi- nary item 3,281,035 3,588,911 Working capita; provided from extraordinary item 890,263 _ - Wozking capital provided from operations 4,171,303 3,588,911 Repayment of investment in Motor Pool Fund 124,549 Contributions from customers and developers 8,550 36,259 Net increase in long-term debt due to refunding of bonds ('Dote D) 2,002,802 - Decrease in restricted assets net of liabilities payable from restricted fAssets 4,468,852 10,651,537 3,749,719 Applications of working capital Additions to utility plant in Service 546,785 924,683 Reduction of long-term debt + - 1,044,000 Increase in restricted assets net of liabilities payable from restricted assets 1,521,200 546,785 314890883 INCREASE IN WORKING CAPITAL 1001040752 259,836 Working capital (deficit) at beginning of ye~.r (847,210) (11107,046) Working capital (deficit) at end of year $ 9;?571542 $ (8470210) 1$ City of Denton, Texa's Electric System Fund STAT`:MENTS OF CHANGES IN FINANCIAL POSITION (CONTINUED) Years ended September 30, 1978 and 1977 1978 1977 Changes in components of wor:.'.ng capital Increase (decrease) in current assets Equity in pooled cash and investments $ 6,475,568 $ - Accounts receivable 555,638 878,670 Inventory of fuel (167,100) 784,351 Prepaid expenses 9,523 24,138 Due from other funds (65,958) 41,208 Deferred co!,t on Lone Star Gas retroactive rate adjustment and deficiency payment (478,821) (755,241) Rebate receivable from Lone Star Gas (308.516) 308,516 6,020,334 1,281,641 Increase (decrease) in current liabilities s Deficit position in pooled cash 3,617,043 (1,171,592) Accounts payable (306,161) 7,006 Accrued payroll and vacation pay (19,486) (70,550) Due to restricted and other funds 143,801 (308,428) Customers' deposits (35,277) (27,806) Rebate payable to customers 205,877 (205,677) Accrued Lone Star Gas payments 476,f21 755,241 4,084,418 (1,021,806) INCREASE IN WORKING CAPITAL $10,104,752 $ 259,836 The accompanying notes are an integral part of these statements. )-9 w City of Denton, Texas Electric System Fund NOTES TO FINANCIAL STATEMENTS September 30, 1978 and 1977 A - SUMMARY OF ACCOUNTING POLICIES The accounting policies of the City of Denton conform to gener•. ally accepted accouctiting principles applicable to governmental units. The following is a summary of the significant policies consistently applied in the preparation of the g financial statements. ccompanpin Inv_ entor;i Inventory is valued at moving a%erage cost. Accounts Receivable Included in acc,)unts receivable are amounts dueFu Pond d Ovatande arba sewer services provided by the 'eater and Sewer garbage services provided by the General Fund. Utility receivables are all carried by the Electric System Fund to facilitate accounting and collection procedures. Each fund records its own portion of the revenues and losses from these accounts. Revonues are recognized on the basis of monthly cycle billings to customers for service-: provided. As a result of this cycle billing method, the City accrues unbilled service at the end of any fiscal period with respect to service provided but not billed at such date, fhe amount of unbilled receivables amounted to approximately $1,630,000 and $1,572,000 at September 30, 1978 and 1977 respectively. Fixed Assets Utility plant in service is recorded at cost or market value at date of contribution. Depreciation has been provided using the straight-line method in amounts sufficient to relate the cost of assets to operations over their estimated useful lives. During the year ended September 30, 1967, the net carrying value of the electric system utility plant in service was increased by $4,851,490 to the appraised replacement value less depreciation as determined by independent consulting engineers, The appraisal increment is being amortized at an annual rate of $283,158 and is charged directly to "Unrealized increment in valuation," a component of the System Equity, and is not included in the annual J-l~ • City of Denton, Texas Electric System Fund NOTES TO FINANCIAL STATEMLNTS (CONTINUED) September 30, 1978 and 1977 A - SUMMARY OF ACCOUNTING POLICIES (Continued) depreciation expense. Ta& recording of appraised values in excess of cost and the charging of annual depreciation of $283,159 of such excess value directly to the System Equity rather Li.4n to expense is not in conformity with generally accepted accounting principles. 8 - TRANSFER OF EXCESS REVENUES TO THE GENERAL FUND The City Chaster allows the City t) make a discretionary transfer of "exoe,s revenues" of the Electric System Fund to the General Fund in ,n amount not to exceed six percent of the "net investment" (as both terms have been defined by the City Attorney) in the electric systc~.n. In prior years the City has presented these transfers as a direct reduction of retained earnings in the Electric System Funa in a manner similar to a dividend. However, in 1978 the City changed its method of reporting these transfers to conform to a "Statement of Position" issued by the AICPA State and Local Government Accounting Cormnittee In September 1978, which recommended that such items be included as a separate -aiegory after net operating income or loss on the Statement of Operations. The City has restated its 1977 financial statements to conform with this presentation. This change has no effect on previously reported retained earnings but does reduce the net income transferred to retained earnings by the amount of the transfer from the utility. C - EQUITY OR DEFICIT POSITION IN POOLED CASH The operating caah cf certain funds is pooled into oee bank account not identified with any particular furl. The accounting records for each fund reflect an equity or (deficit) ;)osition in the pooled cash. J•.l City of Denton. Texas Electric System Fund NOTES TO FINANCIAL STATEMENTS (CONTINUED) September 30, 1978 and 1977 I D - LONG-TERM DEBT During March 1978, the City refunded its then outstanding Electric System Revenue Bonds (Old ';ebt), totaling $16,902,000, with the proceeds from the issuance of $19,255,000 of Electric Systei-, Refunding Bonds (New Debt). Proceeds from the New Debt were used to purchase approximately $15,500,000 of government securities and establish a $2,250,000 reserve and a $250,000 contingency fund for the New Debt. The government securities, which mature on dates designed to fully provide for payment of the Old Debt, are held in a special escrow account by a trustee and solely for the benefit of the holders of the Old Debt, thereby defeasing their security interest un the revenues of the Electric System. This refunding resulted in the City recognizing a net gain of approximately $690,000 which has been recognized as an extraordinary item in the Statement of Operations it) the Electric System Fund. The New Debt, which is secured by a first lien upon the "net revenues" of the system, consists of serial bonds which are due in varying amounts i'rom 1986 through 2008 and bear interest at rates ranging from 4.6`k to 5.85%. In the ordi*ances authorizing the issuance of the New Debt, the City has agreed to establish various funds and mXke specified transfers as follows: 1. The City will establish, from bond proceeds, a "Reserve Fund" o: $2,250 000 and a "Contingency Fund" of $250,000. The Reserve Fund will b- used solely for 'pond payments when the other funds are not adequate and will be increased if addition?.1 debt is issued. The Contingency Fund is to be used solely to pay for unexpected repairs or replacements of the System if no other Funds are available or to pay bonds if other funds are not adequate. Reductions in these funds below the specified levels must be replaced in speci- fied periods by budgeted payments from the Pledged Revenue Fund as noted below. 2. All reve ue will be deposited into a "Revenue Fund" from which all operating and maintenance expenses will be paid. Semiannually, the City will transfer all available revenue into a "Pledged Revenue Fund," from which the following transfers will be made. After making these transfers, any remaining amount may be used for any lawful pLrpose. J•iQ • i City of Denton, Texas Electric System Fund NOTES TO FINANC.A.L STATEMENT`. (CONTINUED) I September 30, 1978 and 1977 D - LANG-TERM DEBT (Continued) 3. The City will make specified semiannual transfers, designed to pay the required debt service payment and produce a minimum balance of $7,912,000 by 1985 into a "1978 Retirement Fund." The "Retirement Fund," which is maintained by a trustee, will be used solely to make required debt service payme.ts. 4. The City will reimburse the Reserve and Contingency Funds for any reductions in the funds below the required amounts. 5. The City will transfer an amount equal to 8% of the "Adjusted Gross.Revenues" (defined as Gross Revenue less any costs incurred in supplying fuel to the City) to an "Improvement Fund." This fund will be used to pay for costs of system improvements or, if no other funds are available, for extraordinary operating expenses or payment of the New Debt. The City has also agraed, among other things, to set rates adequate, to provide "Pledged Revenues" equal to at least 1.4 times the pay- ments 0 the Retirement Fund. Further, no additional debt may be issued unless the above noted Funds contain the required amounts and Pledged Revenues equal to 1.4 times the payment to the Retirement Fund and the average annual debt service requirement on the additional debt. E - COMMITMENTS AND CONTINGENCIES During September 1976, the City, along with the cities of Bryan, Greenville and Garland, Texas (collectively referred to as The Cities), entered into a Power Sales Contract with the Texas Municipal Power Agency (Agency), a municipal corporation and political subdivision of the State of Texas. Under the terms of the agreement, the Agency, which was created through concurs-:it ordinances of. The Cities and Which is governed by a Brard of Directors consisting of eight iaembers, two appointed by the governing body of each city, agrees to construct or acquire electric generator plants to supply enerkcy and power to The Cities J-13 • City of Denton, Texas Electric System Fund NOTES TO FINANCIAL STATEMENTS (CONTINUED) September 30, 1978 and 1977 E - COMMITMENTS AND CONTINGENCIES (Continued) for a period of eot less than 35 years. The Cities have agreed to purchase all future power and energy requirements in excess of the amount generated by their systems currently in existence from the Agency at prices intended to ever: (a) the operating costs of the system and (b) the retirement of any debt incurred by the Agency. In the event that revenues are insufficient to cover all costs and retire the outstanding debt, each of The Cities bas guaranteed a portion of the unpaid debt based, generally, upon its pro rata share of the energy delivered to consumers in the prior operating year. As of September 30, 1978, the City's guaranteed percentage is approximately 21%. At such time as all of the outstanding debt of the Agency is retired and the Agency is dissolved, each City will be entitled to an undivided interest in the property based upon its pro rata share of total payments. As of September 30, 1978, the Agency has issued $300,000,000 of bonds for the construction of a lignite coal-fueled generating plant which is expected to be operational in 1932 and for the purchase of a percentage ownership of a nuclear powered generating facility. It is anticipated that the total cost for the acquisi- tion of these facilities and the building of related transmission facilities will be in excess of $1.1 billion. Prior to the period that the Agency becomes operational, each City ha3 agreed to pay a pro rata share of the Agency's general and =administrative expenses. Amounts paid to the Agency for these expenses amounted to approximately $120,000 and $13..5,000 during 1978 and 7.977, respectively. F - LONE STAR GAS On November 7, 1977, the City entered into a new gas sales contract with Lone Star Gas Company (Lone Star) which provides for gas through 1984. The contract require!' that the City esti- future provides penalties mate 75% of the estimate, TheCity also agreed ctoaretroactively ` J•14 l City of Denton, Texas Electric System Fund ' NOTES TO FINANCIAL STATEMENTS (CONTINUED) September 30. 1978 and 1977 F - LONE STAR GAS (Continued) pay the increased price specified in the new contract for all gas received subsequent to April 1, 1977. This contract replaced a previous contract with similar terms under which the City had paid approximately $303,000 of take or pay deficiencies. Concur- rently with signing the new gas sales contract, Lone Star agreed to refund all payments made under the take or pay provisions of the old contract and the City in turn has agreed to refund to customers that portion of the deficiency previously passed through. No take or pay deficiency is anticipated for 1978. G - PE14SION PLANS The City participates in a pension plan sponsored by the Texas Municipal Retirement System. The plan is a contributory plan„ covering substantially all City employees except firemen. The City's policy is to fund pension costs accrued. The actuarially computed value of vested benefits of the plan as of December 31, 1977 did not exceed assets of the fund. Total pension expense, which includes amortization of prior service costs over 20 years for the years ended September 30, 1978 and 1977, was approximately $52,000 and $44,000, respectively. J•is BY -LAI4S OF NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC. ARTICLE I Offices The principal office of the Authority in the State of Texas shall be located in the City of Arlington, County of Tarrant or County of Dallas. The Authority may have such other offices either within or without the Rate of Texas as the Board of directors or the business affairs of the Authority may require from time to time. ARTICLE II Board of Directors SECTION 2.01: General Powers, Qualifications and Number. The business and affairs o the Authority s a be manage by its Board of Directors. Directors of said Authority must be a resident of the State of Texas. The number of directors of the Authority, upon the adoption of these By-Laws, shall be three (3) but within 90 days of the effective date of these By-Laws, the number shall be increased to eight (8). SECTION 2.02: Tenure. Except as provided in Chapter 53 of the Education Codee an-T_in this Section, each director shall serve for a period of two years and until his or her successor is selected after these By-Laws are approved by the governing body of the sponsoring city or cities, each director shall be required to qualify by the execution of his Constitutioral Oath of Office. Not less than 90 days from the effective date of these By -Laws, the existing directors shall fill the vacancies in office and increase the membership of the Board to eight. The directors representing the City of Arlington, Texas, shall serve in places 1, 3, 5 and 7 and the directors representing Denton, Texas, shall serve in places 2, 4, 6 and 8, and the place number of each directorshall be shown on the minutes of the Corporation. Any vi--ancies in office which occur before September 30, 1980, sW l be filled by the remaining members of the Board of Director: of the Authority. On or before September 30, 1980, and on or before September 30 of each evan numbered y-AY thereafter, directors shall be elected for places 1 through 4. On or before September 30, 1979, and on or before September 30 of each odd numbered year thereafter, directors shall be elected for places 5 through 8. On or before August 15 of each year the Board of Directors of the Authority shall submit its nominations for the appo±ntment of directors to the Mayor of the sponsoring city. A11 directors shall be elected by the governing body of the sponsoring city from nominees sub- mitted and it is the intent of these By-Laws that such nominations shall be representative of the area served by the Authority. In the event a nominee is rejected by the governing body of a sponsoring city, the Board of Directors of the Authority shall name another nominee or uomin,~es until such nominee is acceptable to and appointed by the sponsoring city. In the event such acceptable nomination (as herein provided) has.noL been made by December 1 of the year in which such new term of office begins, than the predecessor in office may continue in office until the sponsoring city selects a nominee. If a nomination is made to a sponsoring city and no action of approval or disapproval is communicated to the Authority within 60 days 'of such submission, then it shall be conc'usively presumed that the nominee (if one is submitted fo,. each place) or all the nominees (if more than one is submitted for a particular place) are satisfactory and the board shall elect the nominera. SECTION 2.03: Regular Meeting. A regular meeting of the Board of-Directors sha -Ebe he7-d without other notice than these B -Laws on the last Monday in February of each celendar year and such meetings shall be held at 10:00 o'clock A.M, at the office of the Authority. The Board of Directorsmay provide by resolution the tive and place for the holding of additional regular meetings of the Board without further notice than such resolution. SECTION 2.04: Special Meetings. Special meetings of the Board o-'-Dire tc ors mayybe called by or at the request of the President or any two Directors. The person or persons authorized to call special meet:ngs of the Board may fix any place for holding any spec-.-i1 neeting of the Board called by them. SECTION 2.05: Notice. Notice of any special meeting of the Boar o birectors t'o them shall be given at least 24 hours previously, and additionally, notice of the meeting shall be given as required by the open meetings law as related to cities. . SECTION 2.06: Quorum. A majority of the Board of Directors shall constJtute a quorum for the transaction of business at any meeting of the Board; but if less than a majority of the directors are present at said meeting, a majority of the directors present may adjourn the meeting from time to time without further notice. SECTION 2.07 Manner of. Acti.nZ,. The act of a majority of the direc ors at a meeting or w ich a quorum is present shall be the act of the Board of Directors. SECTION 2,08: Compensation. No part of the income or revenues o the uthor_ty sTi=ever be paid to or inure to the benefit of any Director of the Authority except for reimbursement of actual expenses incurred in connection with the business affairs of the Authority, and no such reimbursement of expenses shall be made unless approved by a majority vote of the remaining directors. SECTION 2.09: Executive Committee. ' The Executive Committee shall consist f five embers, o the Board of Directors. Members of the Executive Committee shall serve a one-year term of office. The President of the Boardo-of Directors shall serve as the Chairman of the Executive Committee and the-Vice President of the Board of Directors shall serve as the Vice-Chairman. The other members shall be selected by the Board of Directors and shall be a member of said Board. All or part of the responsibilities of the Board may be delegated to the Executive Committee to the extent not prohibited by law or required by law to be exercised by the Board. The Executive Committee shall, between meetings of the Board, have administrative control over all matters of the Authority. ARTICLE III / Officers SECTION 3.01: Officers. The officers of the Authority shall be a President, a V] I 6 Gent, a Secretar'y' and a Tr( asurer , and such other officers as may be elected in accordance with the provisions of this Article. The Board of Directors may elect or appoint such officers including an Assistant Secretary or Assistant Treasurer as it may dcam desirable, such officers to have the authority and to perform the duties prescribed from time to time by the President of the Board of Directors. Any two or more offices may be held by the same person, except the office of President and Secretary. SECTION 3 02: Election and Terri of Office. The officers of the'Aut oriysnall e e ect--3ec annually be Board of Directors at the regular annual meeting of the Board of Directors. If the election of officers shall not be. held at such meeting„ stich election shall be held as soon thereafter as conveniently may be. New offices may be created and filled at any meeting of the Board of Directors. Each officer shall hold office until his succesr,or shall have been duly elected. r" SECTION 3.03: Removal. Any officer elected or appointed by the Boar -oFDirectors may be removed by the Board of Directors whenever in its judgment the best interests of the Authority would be served thereb?, but such removal shall be without prejudice to the contract rights, if any, of the officer so removed. SECTION 3.04: Vacancies. A vacancy in any office because of death,, resignation, removal, disqualification, or otherwise, may be filled by the Board of Directors for the unexpired portion of the term. SECTION 3.05: President. The President shall be a member o the Board of-Directors and shall be the lrincipal executive officer of the Authority and shall in general supervise and control all of tae business and affairs of the Authority. lie shall preside at ali meetings of tie Board of Directors. lie may sign, with the Secretary or any other proper officer of the Authority authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed, except n cases where the signing and execution thereof shall be xpressly delegated by the Board of Directors or by these By-Laws or by statute to some other officer or agant of the Autho;:i.ty; and in general he shall perform all duties as may be prescribed by the Board of Direct-ors from time to time. SECTION 3.06: Vice President. The Vice President shall be a member o the Boairc -DirecLoors al.d in the absence of or upon thi death of the President and in the event of the inability or refusal of the President to perform, the Vice President shall perform the duties, succeed to the authority and assume the responsibilities and powers of the office of President. In the event there be more than one Vice President, the Vice Presidents in the order designated at the time of their election or, in the absence of any designation, then in the order of their election, shale succeed the President. A Vice President shall perform such other duties as are prescribed by the Board of Directors or ^ assigned by the President. F SECTION 3,.07: Secretary. The Secretary shall keep the minutes o ~eTic mcetin„s of the Board of Directors in one or more books provided for that purpose, see that all notices are duly given in accordance with the provisions of these By-Laws or as required by lat.,, be custodian cf the Authority records and of the seal of the Authority, and in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. SECTION 3.08: Treasurer. The Treasurer shall have charge and citstciy oT and-Feresponsible for all funds and securities of the Authority, receive and give receipts for moneys due and payable to the Authority from any source wbh-Z_soever, and deposit all such moneys in the name of the Authority in such banks ns shall be selected in accordance with the provisions of Article IV of these By-Laws, and in general perform all duties incident to the office of the Treasurer and such other duties as from time to time may be assigned to them by the President or by the Board of Directors. SECTION 3.09: Bond of Treasurer or Assistant Treasurer. If require y tie Boar-Tc-o~-D rectors tie Treasurer or Assistant r' Treasurer of the Authority shall give bond for the faithful discharge of duties in such sum and with such sureties as the Board of Directors shall determine. SECTION 3.10: Combination of Offices. The Board of Directors by resolution, ay comb R~ r e offices o Secretary and Treasurer. ,ARTICLE IV Contracts, Checks, Deposits and Funds SECTION 4.01: Contracts. The Board of Directors may authorize any officer or olicers, agent or agents of the Authority to enter into any contract or execute and deliver any instrument in the name of and on the behalf of the Authority, and such authority may be general or confined to specific business. SECTION 4.02: Checks, Drafts, ctc. All cl,ecks, drafts, or orders or the pa;nnent o1- money, notes or other evidences of indebtedness issued in the nazoe of the Authority shall be signed by such officer or o£ficr.rs, agent or agents of the Authority and in such manner as shall fron time to time be determined by resolution of the Board of Direc;~)rs in the absence of such determination by the Board of. Dii.._tors such instrtunients shall be signed by the Secretary, Treasurer or any Assistant Secretary or Assistant Treasurer and countersigned by the President or a Vice President of the Authority. SECTION 4.03: Deposits. All funds of the Authority shall be depo` 5Tteufrom time to time to the credit of the Authority in a state or national bank selected as a depository of the funds of the Authority. SECTION 4.04: Gifts. The Board of Directors may accept on behia o t c-Aut ority any contribution, gift, bequest or devise for the general purposes or for any special purpose of the Authority. ARTICLE V Boolcs and Records (a) The Authority shall I:cep correct and complete books and record *of accounts and shall also keep minutes of the pio- ceedings of its Board of Directors. All books and records may be inspected at any reasonable time. (b) The activities of the /Authority in funding or financing or arranging for the funding or financing of loans to students for a post secondary education shall be kept in accordance with generally accepted accounting practices and at such time as the Authority has income, an annual audit of the books and records of the Authority shall be made by an independent certified public accountant or public accountant. ARTICLE VI Fiscal Year The Fiscal Year of the Authority shall be the twelve (12) months ending September 30 each year. ARTICLE VII Corporate Seal The Authority shall have a corporate seal which shall consist of: Two (2) concentric circles with the word "SEAL" in the middle and the name of the Authority appearing between the circles. ARTICLE VIII Use of Funds The Authority shall devote all of its income (after payment of expenses, debt service and the creation of reserves for the .same) to the purchase of additional student loan notes or to pay over any income not so utilized to the sponsoring cities. ARTICLE IX Sponsoring Cities The sponsoring cities are the home rule cities of Arlington and Denton, Texas, being the cities who requested that a non- profit corporation be created for the purposes set forth herein, ART'L'CLE X Advisory Directors The President of the Board of Directors may nominate individuals to serve as ndvisory directors. Advisory directors will be selected by the Board of Directors. Such persons shall engaged in the C:•^fnssional fields of commercial banking, municipal fit,ance, student loan financing, accounting, or education or. who serve on the governing bodies of institutions agencies, or corporations engaged in such fields. Advisory directors shall be appointed for a two year term of office and advisory directors shall be entitled to exercise all of the rivhts and powers of a director except the right to vote and ('N ho U the office of President or Vice President, Advisory directors may be reinUrsed for expenses incurred in the performance of their dutfis, but may receive no compensation. ARTICLE XI Amendments to B1~La~rs These By-laws may be altered, amended or repealed and new By-Laws may be adopted by a majority of the directors present at any regular meeting or at any special meeting, if at least two days' written notice is given of intention to alter, amend, or repeal, or to adopt new By-Lass at such meeting. ARTICLE XII Effective Date These By-Laws shall be effective from and after the filing I of the Articles of Amendment which shall change t}.e name of the Dallas Schools Foundation to the name set forth ern Article I. i r . There being no further business' to come before the Board cf Trustees of the Dallas Schools Foundation, the meeting was .tdjourned. PASSED AND APPROVED, this the + day of , 1978. - - resia- ent, Board :)t 1'r7ustees Dallas Schools Foundation ATTEST: Secretary, Boa- r'Bc of-`t'rustees Dallas Schools Foundation (Seal) r 4 f ' •i • FILED In the Office of thv ARTICLES OF AMINDIIENT TO '1H Secroary or Stab of Tc%,r ARTICLE'S OF LNCORPOr:ATION SEP 2 S 1978 01' DALLAS SU10OLS FOUIi1lM ION Deputy DIFIN'. eoq,, " bn L$A',i l. Pursuant to the provisions of Article 4.03 of Lhe Texas Non-Profit Corporation Act, the undersigned Co4-1,oraLion adopts the following Articles of Amendment to its Articles of Incorporation, which: I. Change t'te name of the Corporation. II. Change the purpose for which the Corporation is formed. III. Limit the purpose for which the income of the Corporr'ion may be used and provide for the distribution of assets, if any, upon dissolution, 1. The name of the Corporation is Dallas Schools Foundation. 2. The following amendments to the Articles of Incorporation were adopted b. the Corporation on the ~tn day of September, 1978. tW (a) Article I of the Articles of Incorporation is hereby amended to read: "The name of the Corporation is North Texas Higher Education Authority, Inc." (b) Article IV of the Articles of Incorporation is hereby amended,so as to read as follows: "The Corporation is organized for educational purposes, to wit: to provide funds for the acquisition of student loans of students at the collc8c or university level and to provide procedures for the servicing; of such loans as required for continued p;.rticipatiotn in the Federally Insured Guaranteed Student Loan Program under the Higher Education Act of p~ 1965 -as amended." f (c) Article IX of the Articles of Incor;oration is hereby amended so as to read as follows: "The Corporation shall have no capital stock, it being; formed for the purposes aforesaid and not for profit. Any and all income of the Corporation, after payment of expanses, debt service, and the creation of reserves for the same shall be utilized for the pur- chase of additional student loan notes or ♦ shall be paid over to the home rule city or cities which appoint or confirm directors under the By-Laws of the Corporation, and if the By-Laws make no such provision to the incorporated city lv-re the teg,istered office of the Corporation is situated. "Upon the dissolution or winding, up of the affairs of the Corporation, any assets of the Corporation remaining; after making, pro- vision for the payment. of all. indebtedness of the Corporation shall lac paid t0 Litc home rule city or cities which appoint or confirm directors, under the Py•-Lawq of the Corporation, and if the lsy-Lairs wo%c net such provision to the incorporaLed city where the ref;istered office of the Corporation is situated." I` The amendment. was adopted in the following; manner; The amendments were each adopted at a meeting of the Board of Trustees held on September th , 1978, alld each alnencl1ucnL received a vote of a majority of the Trustee; in office, there being; no members having voting rights in respect thereto. DATED; September, 1978. DALLAS SCHOOLS FOU14DATIO14 By; hresl onL and J~~ ~6 _ Secretary THE STATE OF TEXAS § § COUNTY OF DALLAS § it the undersigned, a Notary Public n and for said County, DO HEREBY CERTIFY that on this th 7 da of. September, 1976, personally appeared before me t u/ U being duly sworn, decirrred that c is Presz er% 0 . is Boar( of Trustees (Directors). of the Corporation executing the foregoing, document,that he signed the foregoing; document in the capacity therein set forth, and that the statements therein contained arc true. IN WITNESS WHERLOF, I have hereunto set my hand and sea] the day and year above written. , ` o (nrMu 6 n nnT for Dallas Comity, Texas (Seal) g e ~ ~ ~ k~, ~ ~r N ' OATH OF OFFICE I, Ruth Frady do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Citizens Traffic Safety Support Commisssion of the City of Denton, Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws cf the United States and of this State and the Charter and Ordinances of this City. Subscribed nd sworn to before me the undersigned on this the day of , AM. 19. To certify -w cF- witness my n and sea of office. CIT"ECRET R CITY OF DENTON, TEXAS i ~6 r r 3 0 ~s n n r x3 cn n ~ n rn n r ~ r °a 4 tawprs 16uret, corporation November 21, 1978 City Secretary City Hall Denton, Texas L NOTICE OF CANCELLATION Res Effective: 30 dais from date Bond No. L~'B- Principals C. P um ng Company -7A Corporation) Plumber Gbntlemon: We are requesting to terminate our liability under the above referred bond. This, therefore, 16 your notice that this bond i% vancelled on the above effective date. Please acknowledge receipt of this notice of cancellation. Yours y, rsn4f~ Y o t Un derwriter cc: B. C. Plumbing Company (A Corporation) 702 Davis i Grand Prairie, Texas 75050 Turner, G. H. Company 127 West Main Street Grand Prairie, Texas 75050 1820 REGAL ROW, DALLAS, TEXAS 75235 214634.1900 ,n ~b OATH OF OFFICE l~ sill Elliott do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Citizens'Traffic Safety Support Commission of the City of Denton, Texas, and will to the best of my abilitk 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 s orn t) before me the undersigned on this the _ day of / , A.D. 19 7~f To certify TiR witness -Myt5d and seel oce. CITY SECRETARY CITY OF DENTON, TEXAS I g ~+rttrt~' I 'A 996-WARRASTY DEED-WRI, G"erat a d Corporation AtknovIed ment. MARTIN Slationery Co., D" y Yoe E 462 i' iiiE STATE OF TEXAS U3 vAr , Know All Men By These Presents: I it COUNTY OF........ DENTO.N.........._........... k DEED REWRIA That JOHN BLACKWELL AND MIKE BLACKWELL j' 34'26 of the County of Denton , State of Texas for and in consideration of the sum of DOLLARS, to them in hand id b j f~ Y the City of Denton, Texas ail III it ~I I~ have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said E City of Denton, Texas of the County of Dt nton Stale of Texas all that certain lot, tract or parcel of land lying and being eituated :n the City and jl County of Denton, State of Texas, and being part of the E. Puchalski ~i. Survey, Abstract No. 9961 and being part of a tract of land as con- veyed from B & H Investments, Inc. to John Blackwell and Mike Blackwell by deed dated July 28, 1978 and recorded in Volume 903, Page 46. of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the northeast corner of said tract said , point of beginn- ing also being the intersection of the south right of way line of Avenue E; THENCE south along the east boundary line of said tract same being the lI west right of way line of Avenue E a distance of 303.7 loot to a point for a corner same bring the southeast corner of said tract and also be- l ing the intersect•io„ of the west right of way line of Xienue,E and the north right of ::dy line of Stella Street; ~I THENCE west along the south boundary line of said tract same being the l north right of way line of Stella Street a distance of 6.0 feet to a point for a corner; I THENCE north 6.0 feet west of and parallel with the cast boundary line (if of said tract a distance of 303.7 feet to a point for a corner in the north boundary line of said tract; i~ ~l6'6IL,AWw3f rn l+f 4 • .rn^" r. r~ Jill Iff~1 1 1 ~ THENCE east along the north boundary line of said tract same being the south right of way line of West Hickory Street a distance of 6.0 feet to the place of beginning and containing 1,822,2 square feet of lar,,d, more or less. ! i 3! ~I III +I 1 ~l I~ i i ! II ~I TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and { appurttnances thereto in anywise belonging unto the said City of Denton, Texas, its successor f 34M and assigns forever; and we do hereby bind our selves , our E heir, efecdtors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said City of Denton, Texas, its successors UK and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part ~k k thereof. ~i ` AQ1 c~ Witness our band at 0ibV5`n, Texas this e-;2 day of September , A.D. 19 78 Witnesses at kequrit of Grantor; 1 . JO 3LACKWE:Z . ~ ~ MIKE BI PCIM4ELL 5j ff , i ACKNOWLEDGMENT THE STATE OF TEXAS, e BEFORE MF, the undersigned authority, fi COUNTY OF......_.........8E3tiE4 in and for said County, Texas, on this day personally appea:ed......... ._JO}111... Bc Ck4lel l„_R.:~_..Z~.~E'....~~ dQ~GWY: L j to pm to be he person..S...wbose Name .S.... ...ar.B...........subscribed to the foregoing instrument, and acknowledge; to me that j kn owm . II the same for the purposes and consideration therein txpr v . GIVEN ITNDER M1 HAND AND SEAL OF OFFICE, .....day 0 ......._Si. p.tefIlbPr__...., A. D. 10....x.8.... _(L.S.) " . C``~ . NDtary Y Coombt~lun Expires ....A.~II~ ~ ....County, Texas , 923 My Fb~E X63 n ~ . , ` I+ ACKNOWLEDGMENF THE STATE OF TEXAS, BEFORE ME, the urderelgned authority, in And for,aid County, Texas, on this day personally appeared ~ . known to me to be the person .whose name ...........................subscribed to the foregoing Instrument, and acknowledged to me that be.......... executed the same for the purposes and eonAderation therein expressed. i ' GIVEN UNDER MY BAND AND SEAL OF OFFICE, This ................................day of A. D. 19 J (L. SJ 1 Notary Public ..........................................................................County, Trtas My Commission Explres June 10......... CORPORATION ACKNOAIEDGMENT THE STATE OFr TEXAS, BEFORE ME, the undersigned aatboiaty, ~I 1 COUNTY OF In and for Laid County, Texas, on this day p.rsenalty appeared. j _ known to me to be the person and officer wht,se name is subscribed to the foregoing Instrument and acknowledged to me that the same was the act of the said_ I) » a corpo"llon, and that be executed the same as the act of ouch coeporation for the purposes and e,nsideratlen therein expressed, and in the capacity therein stated, it GIVEN UNDER MY HAND 1tY1) SEAL OF OFFICE, This ................................day of A. D. 19......... I I (L. S.) Notary Public, .............................._.........................................County, Teas My Ccmtntsslon Expires June 10....... III THE STATE OF TEXAS, COUNTY OF County Clerk of the County Court of said County, do hereby certify t`st the foregoing l=tnv,acnt of writing ~Ated on 14-4... _day of. A.D. l0..... with its Certificate of Authentication, was filed for record In my office on the _day of....................... d......., A.D. 19.............., at................ o'clock M., and was duly recorded this ~j day of........ _ A.D. 19............, it o'clock.,...................... M., In the Records of said County, In Vol- ume on peges............................. WITNESS my hand and seal of the County 1.ourt of sold County, at my office In- the day and year last above written. Clerk County rnurt....... _......w....__ .......................................................................County, ^.'exaa l h (L. S.) By........... „ Dryuty. F i I, Z ~ III till, a ~i £ D r C M ~ UY I y~y. ~ w~ C` U V C.Po c II I W T € I G' H iC4 O <n' H rr i ! V ! ' n Fwd I lS' "o t ° iM i 7C g. j~ +4 Hr C R i n i i ~ i i0 j~ ~Ifn~y r o f y 3 x Z j L HO" Iz 'H ' M M 3 On ! `[y i y n:r 7 0 1 ; i s f it NO ;Lg : 'nl w 1~ ! + i d :x icy Q6' J H i inor Ewa II I I ~ II I~ GI II I _ _ 7-7 SALES CONTRACT THE STATE OF TEXAS X BY THIS AGREEMENT AND CONTRACT: COUNTY OF DENTON X John Blackwell and Mike Blackwell hereinafter called Seller, acting through the undersigned and duly authorized Agent, hereby sells and agrees to convey unto the City of Denton, Texas, a Municipal Corporation, hereinafter called Pur- chaser, the described property lying and being situated in the city and County of Denton, State of Texas, and more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof. The purchase price is $ t T,• , payable at closing. Purchaser agrees to furnish a Title Insurance Policy to said .property, which shall be conveyed free and clear of any and all en- cumbrances. If any title objections are made, then the Seller or his Agent shall have a reasonable time to cure said objections and show good and marketable title. Seller agrees when the title objections have been cured, to deliver a good and sufficient General Warranty Deed properly con- veying said property to said Purchaser. Taxes for the current year are to be prorated to the date of closing. The purchase of said property is subject to the approval of them City Council of the City of Denton, Texas. Executed in triplicate this the l.Cl~ day of September , A. D. 1978. CITY OF DENTON? TEXAS, SELLER % PURCHASER BY : `1i' 1 r J1 JO XFB sue- / MIKE BUACAWELL s EXHIBIT "A" 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 being part of a tract of land as conveyed from B & H Investments, Inc. to John Blackwell and Mike Blackwell by deed dated July 28, 1978 and recorded in Volume 903, Page 484 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the northeast corner of said tract, said point of beginning also being the intersection of the south right of way line of Avenue E; THENCE south along the east boundary line of said tract same being the west right of way line of Avenue E a distance of 303.7 feet to a point for a corner same being the southeast corner of said tract and also being the intersection of the west right of way line of Avenue E and the north right of way line of Stella Street; THENCE west along the south boundary line of said tract same being the north right of 1;ay line of Stella Street a distance of 6.0 feet to a point for a corner; THENCE north 6.0 feet west of and parallel with the east boundary line of said tract a distance of 303.1 feet to a point for a corner in the north boundary line of said tract; THENCE east along the north boundary line of said tract same being the south right of way line of West Hickory Street a distance of 6.0 feet to the place of beginning and containing 1,822.2 square feet of land, more or less. A THE. STATE OF TEXAS d VOL 917 ixE 794 COUNTY OF DEMN KNOW ALL MEN BY THESE PRESENTS d QEED RR DS THAT WE, UNITED STATES GOVERNMENT-THE DEPARTMENT OF HOUSING„ AN 30,43 URBAN CEVELOPMENT for and in consideration of the suit -if one dollar $ ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our p-operty, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct, reconstruct and perpetually maintain a sewer line and appurtenances in, upon and across the following described tract of land, said tract being a strip of land 20 f feet in width and 29C feet in length, and the centerline being more particularly described as follows: The centerline of a sewer line easement crossing a tract or parcel of land containing 12.57 acres, more or less, situated in the Hiram Sisco Surrey, Abstract No. 1184, Denton County, Texas. Conveyed to the Department of Housing and Urban Development by certain Deeds of Record as described in Volume 797, Page 534, Deed Records of Denton County, Texas. BEGINNING at a point that bears North a distance of 550 feet, more or less, from the South line of said Hiram Sisco Survev and the Southeast property corner of said Department of Housing and Urban Development Tract, along the East property line, to a point of beginning of said easement; THENCE: N 69°44'30" W, a distance of 20.1 feet, more or less, to a point; THENCE: N 68°26' W, a distance of 278.9 feet, more or less, to a point on the West property line of said tract, to end of easement. Said length of easement being 290 feet, more or less, measured along the centerline of said easement. q r . TO HAVE AND TO HOLD, all and singular, the privileges aforesaid to it, the said City of Denton, Texas, its successors at;d assigns forever, together with the right and privilege, at any and all times to enter said premises or any part thereof, for the purpose of construe:t,ing, reconstructing and perpetually maintaining siad sewer line toqether with ncrn- tenances, and for making connections therewith; all upor the condition that the City of Denton, Texas, will never construct any such sewer line above plow depth, and that the City of Denton, Texas, will at all times, after doing any work in connection with the construction, reconstruction or re- pair of said sewer line restore said premises as nearly as possible to the condi- tion in which same were found before such work was undertaken, including repair of all fences that might be disturber, or damaged in performing said work, and further upon the condition that in the-use of the aforesaid rights and privileges herein granted, the City of Denton, Texas will not create a nuisance or any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas for any other pur- pose, under this grant, except as herein provided. Provided, however, that for the purpose of initially constructing the sewer line and appurtenances above described, and during such initial constriction only, the City of Den- ton, Texas, and its agents, shall have the right and privilege to enter upon and use for such initial construction purposes a strip of land 60 feet in width and 290 feet in length, more or less, said centerline is more particularly described above, upon the condition that the City of Denton, Texas, and its agents, will restore said premises as nearly as possible to the condition in which same were found before such initial construction work was undertaken, including repair of all fences that might be disturbed or dam- aged in performing said initial construction work. WITNESS OUR HANDS this fd jr o E p ~~'~1~, A.D., 1978. AUT IZED SIGNATURE FOR UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. vot 917 ?ACE 795 THE STATE OF TEXAS z voi 917 PacE 796 COUNTY of Dallas X BEFORE ME, the rndersigned authority, a NOTARY PUBLIC in and for said county and State, on this day appeared mar M. Bice known to me to be the person whose name is subscribe to the fore- going instrument, and acknowledged to me that he has executed the same for the purposes and consideration therein expressed. ti WITNESS MY HAND AND SEAL OF OFFICE, this 29th~dayof September 1978, Notary Public in and r'. Dallas County$ Tex r a ~ J bt Z~ S'~X30p~1~ t . Scale =1 200' ►f. S I S c 0 S U R V E Y p-1184 4 ,O^ VJ Geo. r. Ldlard 12.57 Ac. U. S. A. J U. D. l C.J. Sx~eafinen SEWER LINE. EASEMENT U.S.A. - H.&U. D. DENTON; CO., TL'.XAS + .,VOL 914 P46E 526 THE STATE OF TEXAS Q k;fJO';f Ci".'1JTY OF DEfITOPi ALL 1EN by THESE PRESENTS: r DEED RECORDS THAT I•!E, d. E. LYNCH AND WIFE, MARTHA D. LYldCH r w for and in consideration of the suui of one dolIa. ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable conv;ideraticn including the benefits that will accrue to our property, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct, reconstruct and perpetually maintain a se„,er line and appurtenances in, upon and across the following described tract of land, said tract being a strip of land _ 20 feet in width and 140.7 feet in length, and ,the centerline being more particularly described as follows: The centerline of a sewer line easement crossing a tract or parcel of land containing 0.55 acres, more or less, situated in the R. B. Longbottom Survey, Abstract No. 775, Denton County, Texas. Conveyed to W. E. Lynch and wife, Martha D. Lynch by certain Deeds of Record as d scribed in Volume 735, Page 809, Deed Records of Denton County, Texas. Beginning at a point that bears South from the Northeast property corner, along the East property line, a distance of 8.0 feet, more or less, to a POINT OF BEGINNING of said easement; THENCE: In a Westerly direction, parallel to and 8.0 feet from the North boundary line of said tract, and the South boundary line of U.S. Highway 3~.';0, a distance of 140.7 feet, more or less, to a point on the West toundary line of said tract, to end of easement. Said length of easement being 140.7 feet, more or less, measured along the centerline of said easement. TO HAVE AND TO HOLD, all and singular, the privileges aforesaid to it, the said City of Denton, Texa', its successors and assigns forever, together with the right and privilege, at anv and all times to enter said premises or any part thereof, for the purpose of constructing, reconstructing and perpetually maintaining said sewer line together with necessary appur- tenances, and for i,king connections therewith; all upon the condition that the City of Denton, Texas, will never construct any such sewer line above plow depth, and that the City of Denton, Texas, will at all times, after doing a any work in connecCiun with the construction, reconstruction or reijair of said sewer lin;; resture said premises as nearly as possible to the condi- tion in which same r,ere found before such work was undertaken, including repair of all fences that miyht be disturbed or damaged in perforating said work, and further upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas will not create a nuisance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas for any othQr pur- pose, under this grunt, except as herein provided. Provided, hol„ever, that for the purpose of initially constructing the sewer line and appurtenances above described, and during such initial construction only, the City of Den- ton, Texas, and its. agents, shall have the right and privilege to enter upon and use for such initial construction purposes a strip of land 30 feet in width and 140.7 feet in length, more or less, said centerline is more particularly described above, upon the condition that the City of Denton, Texas, and its agents, will restore said premises as nearly as possible to the condition in which same were found before such initial construction work was undertaken, including repair of all fences that might )e disturbed or dam- aged in performing said initial construction work. WITNESS OUR HANDS this, 2 day of A.D., 1978. E VOL 914 PAGE 527 THE SPATE OF TEXAS ~ n qq Q COUNTY 0 OENTOIJ , VOL 914 YA6E 528 BEFORE ME, the undersigned authority, a Rotary Public in and for Denton County, Texas, on this day personally appeared W. E. Lynch, and Martha D. Lynch, his wife, both kno,vn to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the sarie for the purposes and consideration therein expresses, and the said Martha r. Lynch, wife of the said W. E. Lynch, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Martha D. Lynch acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expresses and that she did not wish to retract it. WITNESS MY FIA^ID A;JD SEAL OF OFFICE this day of A.D. 1978. No y`Pu l is i n an for Denton County, Texas .r ^ H1YY /~O.l✓. I i 7I 0, 5/5 Ac. ' ~ WiFe, 1✓'~-ih,~ Lync,'~ _t - Scale: l 50 DLNTO J CO„ Tc ?;AS f Y 1 r b'~(' 37b3 l 6 ICA1 FILED ti ` m CO rZi °3 m -I y m x 3 °y tea, ar, I +I J • 1 1 • NO. ~a-sl AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, OR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1978, AND ENDING ON SEPTEMBER 30, 1979; REVISING THE BUDGET FOR THE PRECEDING FISCAL YEAR ENDING ON SEPTEMBER 30, 1978; LEVYING TAXES FOR THE YEAR 1978 TO BE ASSESSED ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, notice of a public hearing on the budget for the City of Denton, Texas, for the fiscal year 1978-79 was hereto- fore published at least fifteen (15) days in advance of s.i.d hearing; and WHEREAS, a public hearing on the said budget was duly held on the 29th day of September, 1978, and all interested persons wire given an opportunity to be heard for or against any item thereof; now, therefore, THE CITY CCUNCI[, OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the budget for the City of Denton, Texas, for the fiscal year beginning October 3, 1978, and ending on September 30, 1979, 3.n words and figures as shown therein is finally approved and adopted, and that said budget shows Revenues of $37,621,047 and Bxpenditures of $37,422,767. SECTION II. That the budget for the City of Denton, Texas, for the fiscal • year beginning on October 11 1977, and ending on September 30, 1978, as shown therein in words and figures, is hereby revised and amended to show the words and figures indicated as "REVISED 1977-78" in the budget for the fiscal year beginning on October 1, 1978 and ending on September 30, 1979, and to show REVISED REVENUES OF $33,008,229 and REVISED EXPENDITURES OF $30,5360930. SECTION III. That tliere shall be, and there is her-.by levied, the following .axes on each One Hundred Dollar ($1.00.00) valuation on all taxable property within the City of Denton, Texas, to be assessed and col- lected by the Tax kssessor and Collector for the year 1978 and Eaid taxes are to be assessed and collected for the purposes stipulated as follows, to-wit; (a) For the General Fund Allocation on the $100.00 valuation $ .7240 (b) For the Interest and Redemption Funds on outstanding bonded in- debtedness on the $100.00 valuation .5120 Total Allocation of Levy $1.2900 The above allocation of the levy is made to insure that de- posits in the Interest and Redemption Funds of taxes collected during the year ending September 30, 1979, will total $1,396,233 but is not intended to exceed that amount. SECTION IV. The City Manager is hereby authorized to transfer the amounts of money contained in the Contingency Fund as contained in the 1978-79 budget to the various departments as needed to fund adjust- ments in the pay plan in accordance with the nine (9t) percent cost of living increase approved by the City Council. SECTION V. n That the City Manager shall cause copies of the budget to be filed with the City Secretary, the County Clerk of Denton County and the State Comptroller of Public Accounts. SECTION VI. Th3,t if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application there0 to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect 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. SEC12ION VII, That this ordinance shall be effective immediately upon its passage. PASSED AND APPROVED This the 29th day of September, A. D. 1978. PAGE TWO MITCHELL, MAYOR ITY OF DENTON, TEXAS ATTEST: Awo~OKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS .d PAGE THi?FE 1 ~ cold y~ v 1 ~T n `Il 1 J N • 1, NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF EAGLE DRIVE AND CARROLL BOULEVARD AND AT THE INTERSECTION OF BELL AVENUE AND SHERMAN DRIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY THERE- FORE; AND J.CLARING AN EFFECTIVE DATE. WHEREAS, in the interest of safety fo= the vehicular and pedestrian traffic in the City of Denton it is desirable to erect and maintain traffic control signals at the intersections of Eagle Drive and Carroll Boulevard and Bell Avenue and Sherman Drive in the City of Denton, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: PART I. A traffic control signal shall be installed at the intersection of Eagle Drive and Carroll Boulevard e.i.: a traffic control signal shall be installed at the intersection of Bell Avenue and Sherman Drive; and the City agrees to enforce all regulations as may be necessary for proper operation of the installation; and shall main- tain and operate the signals in a satisfactory manner. PART II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any per- son or circumstances is held invalid by any court of competent juris- diction, such holding shall not affect 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. PART III. Any person who violates any proviso of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day such a violation shall continue or be permitted, shall be treated as a separate offense. J . r PART IV. That this ordinance shall be effective immediately upon its passage. PASSED AND APPROVED this the 5th day of September, A. D. 1976. J,~ ITCHELL, MAYOR C~ OF DENTON, TEXAS ATTEST: B,ROPKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS y 016 IM /O o 4 THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X That Whereas, DENTON HOUSING DEVELOPMENT CORPORATION is this owner of certain property described as Lot 1A, Block 3, Heritage Oaks Addition to the City of Denton, Texas, shown on the attached plat, which plat is incorporated herein as if set forth in full, in the County of Denton, Texas, and the said owner desires to ex- tend an eight (8) inch sanitary sewer extension along Bell Avenue 671 feet south and extend a twelve (12) inch water line extension along Bell Avenue 577 feet south (as shown on the attached plat); and 4 Whereas, in order to serve the aforesaid property with water and sanitary sewer services the said owner is required to pay the cost of 577 feet of water main extension and 671 feet of sanitary sewer main extension, and duEires to extend such water and sewer mains to its property under the provisions of Section 25-74 through Section 25-79 of the Code of Ordinances o the City of Denton, as passed and approved the 8th day of June, A. D. 19711 and Whereas, the said owner DENTON HOUSING DEVELOPMENT CORPORATION desires to receive reimbursement for such costs under the provisions of said Sections 25-75 t1-.rough 25-79 of the Code of Ordinances of the City of Denton, Texas; now, therefore, This agreement, made this the Q,,lot day of. September, 1978, by and between DENTON HOUSING DEVELOPMENT COPPOR.4TION of the County of Denton, State of Texas, hereinafter called owner, and the City of Denton, Texas, a Municipal Corporation of the County of Denton, State of Texas, hereinafter called City, WITNESSETHs I. That for and in consideration of the construction of water and sanitary sewer nains for the benefit of owner, by owner'u direction owner has paid the surn of $12,520.00 for the construction of the water main extension and $10,940.00 for the construction of the sanitary sewer main extension, and in further consideration of the transfer to the City of all of owner's right, title and interest in the aforesaid main extensions and all appurtenances thereto, and all easements and right of way agreements secured by or for owner for the purpose of locating said main extensions, City shall accept said water and sewer mains upon .'inal approval thereof, after in- spection, and agrees to provide water and sanitary sewer service to owner's above described premises for such monthly service charges as are,6or may be, established for other customers of like classifica- tion by the City. II. That the City further agrees to reimburse ovmer up to his costs of the construction of such main extensions, i.e. $12,520.00 for the water main extension and $10,940.00 for the sanitary sewer main ex- tension unde: the provisions of Sections 25-75 and 25-76 of the Code of Ordinances of the City of Denton, Texas, as amended on the 8t!i day of June, 1971, with the follou.,ing limitations: (a) After the expiration of ten (10) years from the date of the water and sewer main extensions, no further reimbursement shall be made to the owner. (b) The reimbursement shall not apply to main extensions con- structed by the City of Denton, or under its dire-tion, from any main constructed under the terms of this agreement. (c) Reimbursement payments shall be made to the owner or to his assign if written, and to no othe7 person. (d) The reimbursements aforesaid shall be payable only from funds received by the City pursuant to said Code of Ordinances. (e) There shall be a maximum of ten (10) years as the period of elicfibility wherein the original installer of the mains may re- quest reimbursement of pro rata payments under this agreement. The AGREEMENT - ?AGE TWO period of eligibility shall begin as of the date of final inspec- tion and acceptance of the extensions by the City. (f) All fees and tapping changes incurred under the pro- visions of Section 25-76 shall be paid directly to City, and City shall transfer same to owner within thirty (30) days of receipt. TII. I That for and in consideration of the agreements to be pr.r- formed by the City, as aforesaid, owner hereby transfers to the City all of his right, title and interest in and to the main ex- tensions described above, and any and all easements and right of way agreements secured by him for the purpose of lo:ating said main extensions. WITNESS the hands of the parties he~-~to on the day and year first above written. DENTON HOUSING DEVELOPMENT CORPORATIOA' BY. /1 ATTEST: VT C SECRET CITY OF DENTON, TEXAS BY s K7 RTUN ATTEST: X iw~ S HOLT, CITY SECRETARY B 0 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL ISHAM , I O CITY OF r, ^NTON , TEXAS AGREEMENT - PAGE THREE 1 ?V 1 1 ;V 1 ii S~ ti, CEIti~L .I Aeiv `~ti~rtt i v: Y h. l~j s ~ J l Fr, 1 I , r,,.,. 1 E OZ. E i/' \ r. j y. i I,: • 1 NO. ~4~ Sa AN ORDINANCE AMENDING CHAPTER 12 "GARBAGE, TRASH AND WEEDS", SECTION 12-51 SECTION 12-19(b) AND SECTION 12-20(c) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY PROVIDING NEW RATES; REPEALING CON- FLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DEN:'ON, TEXAS, HEREBY ORDAINS: PART I. That the Code of Ordinances of the City of Denton, Texas, is hereby amended and changed in the following particulars: (1) Chapter 12, Article I, Section 12-5 is hereby amended by providing new rates for "Charges for use of the city sanitary landfill by nen-residents and resident non-subscribers" as follows: "Section 12-5 The following charges shall be paid by persons not residing within the a~rpcrate limits of the City and for non-subscribers to regular city sanitary service for the use of the city garbage, trash and rubbish disposal grounds, known as the sanitary landfall: (a) 'there shall be no charge for automobiles or station wagons disposing of garbage, trash or rubbish at the city landfill during business hours. (b) O:e-half (1/2) ton pickups and two (2) wheel trailers shall be charged Two Dollars and Fifty cents ($2.50) for each load disposed of. (c) Pick-up trucks with side boards, and all other vehicles with a carrying capacity of less than one and one-half (1 1/2) tons or five (5) cubic yards, whichever is the smaller shall be charged Three Dollars and Fifty cents ($3.50) for each load disposed of. (d) All larger vehiclef shall be charged Seven Dollars ($7.00) for each load disposed of, excepting those ve- hicles described below. 0 (e) Commercial, packer-type trucks owned or operated by licensed haulers or non-subscribers with a carrying capacity of less than. 30 cubic yards shall be charged Eighteen Dollars ($18.00) for each load disposed of. (f) Commercial, packer-type trucks owned or operated by licensed haulers or non-subscribers with a carrying capacity of 30 cubic yards or more shall be charged Twenty-Five Dollars ($25.00) for each load disposed of. (g) Disposal of tires shall be charged at a rate of Fifty Cents ($0.50) each. Monthly rates for regular use of the sanitary landfill by licensed hau:ers or non-resident haulers may be contracted for with the city under special circumstances in which case the above per load charge will not apply." (2) Chapter. 12, Article II, Sectiei 12-19 (b) "Charges for Residential Service" is hereby amended as follows: "Section 12-19 (b) (b) The charge for collecting garbage, trash and rubbish from each individual family unit shall be Four Dollars and Fifteen Cents ($4.15) per month if a single unit; Three Dollars and Ninety Cents ($3.90) per unit if there are from two (2) to four (4) units inclusive on the sub-divided lot with one central pickup point. All such fees are subject to being increased by the sanitation division if more than the minimum service is required.', (3) Chapter 12, Article III, Section 12-20 (c) "Charge for Com- mercial o Institutional Service" is hereby amended as follows: "Section 12-20 (c) (c)s Buildings or connected series of buildings containing more than four (4) dwelling uni':s having either water or electricity billed through a single meter will be billed as a single charge along with the single water or electric charge regardless of the occupancy of such multiple dwelling unit. Multiple dwelling units classified as fraternities, sororities, boardinghouses and dormitories shall be charged as a commercial or institutional service. Any multiple dwell- ing units or commercial establishment which requires more than the minimum service describe3 herein is subject to having the charges in- creased by the city sanitation division based urin the additional service required. Any multiple dwelling unit having individual water and electric meters shall be billed individually at the residential rate of Three Dollars and Ninety Cents ($3.1W per unit. The charge for collecting garbage, trash and rubbish from apart- ment houses consisting of more than four (4) units, having ti single water or electric meter shall be Two Dollars and Fifty Centi ($2.50) per unit per month." -2- ~ I PART II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any su.;h invalidity. PART III. That this ordinance shall become effective on the ls;_ day of November, 1978, and the new rates will ae billed on the customer utility statements sent by the City of Denton on or after November 11 1978. The City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 29th day of September, A. D. 1978. 4t&4n~ MITCHELL, MAYOR TY OF DENTON, TEXAS ATTEST: /0 ~ R OKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: cl~---- UL C. ISHAM, CITY ATTORNEY CITY OF UENTON, TEXAS -3- l~ • 1 I Q' y ci: .J a ' 41 tR } nF,, N0. 7P'~ 4 `q *f'' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING T1IE ON7: (1$) PERCENT CITY SALES TAX ON RESIDENTIAL GAS AND ELECTRIC SERVICES; AND DECLARING AN EFFECTIVE DATE. j a a; WHEREAS, a one (1%) percent Local Sales and Use Tax was officially adopted by a favorable vote of the qualified elictors of the City of Denton on December 9, 1967; and MIEREAS, the 65th Legislation of the State of Texas, 1st Called Session, has enacted Legislation exempting residential use of gas and electricity from kx the four (0) percent State Sales Tax and providing a local option on the one (1%) percent City Sales and Use Tax; NOW, THEREFORE, BE IT ORDAINED BY THE C1TY COUNCIL OF THE CITY OF DENTON, TEXAS, ` THAT:, PART I. A~ 1 The one (1t) percent Local Sales and Use Tax on residenti gas and electric services is hereby repealed. PART 11 ` That this Ordinance and the repeal of the tax shall becom% effective on October 1, 1978. PASSED AND APPROVED this Sth day of September, 1978. ,MAYOR C1 OF DENTON, TEXAS jORDOKS i0L , C T¢! ( CITY OF DENTON, TEt-kS APPROVED AS TO LL-GAL FORM: Ae- CITY OF DENTON, TEXAS Y ~r Y: .A~,~~ II +((oh ~O f i \O a~~n * s' . n 4 Y~ _ yE ti r ~l~rP ~r i y his.! i~f.~,~• ,Y. r0. t r. ~ ~t ~A ~ ~hm~""r.~~~► n''1 ~Jt'}'"+ ~ qi P >I~ AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN ThE MUNICIPAL BUILDING OF SAID CITY ON THE 29TH DAY JF SEPTEMBER, A. D. 1979. ~I R E S O L U T I O N - - - - - - - - - c WHEREAS, the City of Dentin is desirous of supporting the North Texas State University Inatitute of Applied Sciences in its planning and development of a research park for the City of Denton, Texas; and WHEREAS, the City of Denton has appropriated monies for the fiscal year 1977-78 from its water and sewer fund and electric' fund to the Research and Economic Development Board of the City r~ ^r, _ of Denton; and WHEREAS, the Research and Economic Development Board has not ; expended all the monies appropriated for the fiscal year 1977-78, s, and the City Council desires to carry those unspent funds forward into a trust fund for the use towards research and economic dove-* lopment activities; a NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 1. That the City Manager of the City of Denton, Texas is hereby authorized to establish the Research and Economic Development Fund as a carry-forward trust fund for the purpose of receiving and expending funds as appropriated annually in the Budget for research and economic develop- ment activity. 2. That the City Manager of the City of Denton, Texas, is hereby authorized to transfer funds appropriated annually in the Budget for the Research ane Economic Development Board to the Research and Economic Development Fund. 3. That the City Manager of the City of Denton, Texas, is hereby authorized to establish appropriations in the Research and Economic Development Fund for the amount of g funds transferred and in accordance with the directions of the City Council. PASSED AND APPROVED this the 29th day of Septewber, A. D. 1978. Jyyr TCH ELL; MAYOR 2~_y OF DENTON, TEXAS ATTES ; Z Ozoi~g~ B OK 0 T, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTOFNEY CITY OF DENTON, TEXAS -.'hLTiP~raq`.'ii,Si}t}i'4~! '.'~kS~$~, ''e:;ii;': ^v. ,;.'..iC:i.., M'. ~i:. r N i .i .+xl-`'`=.'il'r~ NC.{a y LO ~M_ Y V S r c s. ° f,~. ` y r ~ ~ e ? w ~ 1 ~'fi t . . t ~ v ter:. - ,z_ ! { * ~ Yom,. tgL•i~i-~.=~ S PP rr11E STATE O TEXAS r~ KNOW ALL h1FN BY THESE PRESENTS: COUNTY OF DENTON i I . THAT LAURA K.SACHER DEED RECORDS Denton ($County, Texas , in consideration of thegyp~o29 One dollar 1.00) and other good and valuable wnslderation in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, I owned by her . Situated in Denton County, Texas, in the E. Puchalski Survey, Abstract No. 996 All that certain lot, trao'. or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the E. Pschalski Survey, Abstract No. 996, and being part of Lot No. 4, Block 21 of the College Addition, an addition to the City and County of Denton, and also being part of a tract of land as conveyed from Bobby Glen Morris to Laura K. Sacher by deed dated September 19, 1977 and re- corded in Volume 855, Page 127 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEING the south 16 feet of said lot and being 60 feet in length anti containing 960 square feet of land, more or Jess. And it is further agreed that the said City of Denton, Texas In consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. Fnr the purpose of constructing, installing, repairing and perpetually main- taining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or Its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, Improvements on and repairs to the said public +itilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as afori:geld for the purposes aforesaid the premises abo•is described. " Witness hand this the .~/•~<-7, day of '11* 7""a'z~ , A. D. 1478 . LAURA K. SACHER --9 - i1-- YOl PACE 47 SINGLE ACKNOWLEDGMENT ; VOL 915 pace 48 THE STATF, OF TEXAS, ~r BEFORE ME, the undersigned authority, COUNTY OF DENTON In and for Said C'our ty, Texas, on this day personally Rppean ' Laura _.K.__SHeher------- - _ _ _ kno~en to me to be the person -hose name i$ s obscribed to he foregoing instrumer,', and acknowledged tc me that she execu',cd the same for the purposes a.rd consideration herein Wrersed, GIVEN UNIIF:R DIY HAND AND SEAL OF OFFICE, This ;2.. da of.-SF=~c A.D. 180 Notary P blie, D.en.ton------- County, Texas Aly Commission Exptr-s June 1, 19...... SINGLE ACKNOWLEDGMENT ~ THE STATIS OF TEXAS, I BEFORE ME, the undersigned authority, COUNTY OF _ f In and for sold County, Texas, on this day personally appeared - - knnwn to me to be the person whose name subscribed to the foregoing instrument, and acknowledged w me that he executed the same for the purposes Ind consideration therein expressed, GIVEN UNDER DIY HAND AND SEAL OF OFFICE, This day of A.D. 19 Notary Public . County. Texas Div f nmmis Linn Expires June 1, 10 COR40RATION ACKNOWIX1,13 EN'T THE STATE OF TEXAS, BEFORE DIE, the undersigned authority, COUNTY OF I In and for said County, Texas, on this day personally appeared kn,,wn to me tO l,e the perSr,n and ofricer Whose name I'S Subscribed to the f,1fP-u6i,; in trument and ackr,o~sledged to me th.,t ,he snore was the net of toe said a eoep(.ration, and that he exocutcd the same as the act of such eorporatinn fur the pm p,•EVs Rod eonsileratlon therein expressed, and in the capacity therein atalod. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19 of f Notary public, County, Te isa _V IE 9k + My Commission Expires June 1, 19 upts.140 ERK'S CERTIFICATE ° ThE TAT EYA County COUNTY OF% 0) .-;x 8 Slerk of t),e Slunt) CO t ol~{ryit o h rcby certify that the foregoing lnstrumu nt of writing dated on the da of N „1r. .P, A. I). 19 with its Certificate of Authenticati,m, was riled for record In my of e or w 1boi ~ A, D, 19 at o'clock M., and duly recorded this f P % A. D. 19 at o'clock M., In the _ _ $ Z 3# " e Records of Bald County, in Volume. , on pages WITNESS DlIllIAN D SEAL )EOVICINTY COURT of said County, at office In _ s_..... .Y6 .1the day and Year last nboco written. County Clerk County, Texas. BY. , Deputy. "JI I I ! ~ ~ ' ^ TI i ~ fy ~ M L ail I ~ I I q I V A ~ ~ I( Ili S I E I Cg t3 e o CnI W ~i.: 4r31Yl;:},'J' '!Jll,ii tUG I r ~ 0 # e b ° Catr 0 n'ui or B1: € ! m I p ~ -77 I~ THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document 8141 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIHCATION AGREEMENT made as of the THIRTEENTH day of SEPTEMBER in the year of N;neteen Hundred and SEVENTY-EIGHT BETWEEN the Owner: CITY OF DENTON, TEXAS and the Architect: Ford, Powell & Carson, Architects & Planners, Inc. & Meyer, Landry & Landry, Architects A Joint Venture For the following Project: (Include detalfed description o/ Project location andscope.) Addition to Emily Fawl1.r Public Library, consisting of approximately thirteen thousand gross square feet of floor space. The Owner and the Architect agree as set forth below. Copyrlyyht 1911, 1916, 19aa, 1;;1„ IYA, 1958,1%1,1%3 1966, 1967, 1970, 1971, m 1977 b r American Instilute of Archileclr, 1735 New York Avenue, N.W., Washini,ton, D.C. 71`006, Reproduction of the maler'ul hereln or rubsuntial quolation of In pruvhlnns without permission of the AA violater the copyright tars of the United Slales and will be sublccl to legal prosecution. AIA DOCUMENT 1111 a OWNER ARCHITLCT AGREEMENT a TI1IRTTENT11 EDITION a JULY 1977 a AIA% a m 197; THE AMERICAS! INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, W'AWNGTON, O.C. 10006 81414977 1 0 y TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 meats to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the fiv,. with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 .,nd quired for the approval of governmental authorities hav- inClUde normal structural, mechanical and P'ectrical ing jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. 1,4,1 The Architect, following the Owner's approval of 1,1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review one program furnished of Probable Construction Cost, shalt assist the Owner in by the Owner to ascertain the rrquirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understa',lding of such requirements awarding and preparing contracts for construction. l with the Owner' 1.5 CONSTRUCTION PHASE-ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of thr other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.21, the Architect's obligation to provide Basic Services under 1,1.3 The Architect shall review with the OwT,er alterna- this Agreement, will terminate when final payment to the live approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by lh:~ Owner, Schematic Design Documents first, consisting of dra pings and other documents illu.trating 1,5,2 Unless otherwise provided in this Agreement and the scale and relationship of Pnject components. incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- area, volume or other unit costs, ment A201, Gencral Conditions of the Contract for Con- 1.4 DESIGN DeVC.lOPb1ENT PHASE struction, current as of the date of this Agreement. 1,2.1 Based on the approved Schematic Design Docu- 1.5.3 The Architect shall be a representative of the 8n Owner dur' •g the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Conlrac- the program or Project budget, the Architect shall pre. for shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf .f the Owner Documents consisting of drawings and other documents only to the extent provided in the Contrct Documents to fix and describe the size and character of the entire unless otherwise modified by written inF(rument in ac- Project as to architectural, structural, mechanical and elce- cordance with Subparagraph 1.5,16, trical systems, materials and such other elements as may 1,5.4 ThC Architect shalt visit the site at intervals ap- propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Are li- 1,3.1 Based on the approved Design Development Doc- lest shall not be required !o make exhaustive or con- uments and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality o, quan- ity of the Project or in the Project budget authorized by lity of the 6ti A. un the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Cons.ruction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ments for the construction of the Project, deficiencies in the Work of the Contractir. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge cf lion of the necessary bidding information, bidding forms, and shall not be responsible for construction r, ^ans, 6,1 Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for men! between the Owner and the Contractor. safety precautions and programs in connection with the 1.3,1 The Architect shall advise the Owner of any ad1just- Work, for the acts or omissions of the Contractor, Sub- ArA DOCUMENT 1141 0 OWNER-AKCHITECT AG1 T_UENT 4 THIRTEENTH EDITION • JULY 1977 • AIAV 9 01 1977 THE AMERICAN INSTITUTE Or ARCHITECTS, 1 a9 NEW Y'OK, AVENUE, Nw, WA5111%GTON, D.C. 2M 8141.1977 3 I contractors or any other persons performing a, y of tje necessaryor advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents, the Architect will have author- Work in acccrdance with the Contract Documents, ty to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contrac; Docu- Wor'c wherever it is in preparation or progress. ments, %%heri er or not such Work be then fabricated, in- or completed. to the Architect shall determine the amounts owing s1ta,5lle.13d The Architect shall review and a take to the Contractor based d o or'serva at the site and on other appropriate action upon the Contractor's rove sub or submittals evaluations of the Contractor's Application; for Payment, such as Shop Drawings, Product Data and Samples, but and shall issue Certificates for Payment in such amounts, only for conformance with the design concept of the as provided in the Contract Documents. Work and with the information given in the Contract 1.5.8 The issuance of a Certificate for Payment shall Documents, Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work 1,5.14 The Architect shall prepare Change Orders for has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledge, information and belief, the qual• ity of their Work is in accordance With the Contract Docu- the Contract Documents, and shall have authority to order minor Chan es in the Work not involving an adjustment menis (subject to an evaluation of the Work for con- in the Contract Sum or an extension of the Contract Time formance with the Contract Documents upon Substantial Completion, to the results of any subseque which are not inconsistent with the intent 0 the Contract subsequent tests re- Documents. quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment) and that the pletion, shall receive and forward to the Owner for the Contractor is mtitlecl to payment in the amount certified. Owncr's review written warranties r nd related documents However, the is,,jance of a Certificate for Payment shall required by the Contract Docume IM and assembled by not be a representation that the Archi:Pct has made any the Contractor, and shall issue a final Certificate for Pay- j examination to ascertain I and for what purpose the ment. Contractor has used the moneys !)aid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Ow'ner's rep- 1,5.9 The Architect shall be the interpreter of the re- resenlative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect, Contractor. The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contactor, and shal! render written de- tensive representation at the site than is described in (isions, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the inierpreta!ion of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em- 1.5,10 Interprelations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or lween the Owner and the Architect as set forth in an ex. graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ante by bot'1 the Owner and the Contractor, shall not such Project Representatives. show pa•tial ty to either, and shall not be liable for the 1.6.3 Through the observations by such Project P.epre- result of eny interpretation or decision rendered in good sentatives, the Architect shall endeavor to provide further faith in such capacity. protection for the Owner against defects and deficiencies 1.5,11 The Architect's decisions in matters relating to in the Work, but the furnishing of such project representa- artistic effect shoo be final if consistent with the intent of ti4)n shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tons of the Architect as described in Paragraph 1.5, any other claims, disputes or other matters, including 1.7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, The following Services are not included in Basic shall be subject to arbitration as provided In this Agree- ment a; ' in the Contract Documents. Services unless so io ntified in Article 15. They shall - be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. AIA DOCUMENT 8141 1 OWNER-ARCHITECT AGREEMENT 9 THIRTEENTH EDITION i JULY 1977 6 AIAP • m 1977 4 9141.1977 THE AMERICAN INSTITUTE or AKCHItEC15, 1733 NtW YORK AVENUE, N,W„ WASHENOTON, U.C. 2Mx6 w, t 1.7.1 Providing analyses of the Owner's needs, and pro- structirn, and furnishing services as may be required in gramming the requirements of the Project connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies, of the Contractor, or by major defects or deficiencies in 1.7.3 Providing planning surveys, site evaluations, envi- the Work of the Contractor, or by failure of performance onmental studies or comparative studies of prospecti;e of either the Owner or Contractor under the Contract for sites, and preparing special surveys, studies and submis- Construction. sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction oser the Project. showing significant changes in the Work made during 1.7.4 Providing services relative to future facilities, sys• construction based on marked-up prints, drawings and tems and equipment which are not intended to be con- other data furnished by the Contractor to the Architect. strutted during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial . tart-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation, nished by the Owner. 1,7,19 Providing service-, after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Dale of SUbstantlol Completion of the Work, completion of the Construction Documents Phase, when 1 7 20 Preparing to ser%e or serving as an expert witness requested by the Owner, in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal praceeding. separate contractors or by the Owner's own forces. 1,7,21 Providing services of consultants for other than ~0 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trial engineering services for the Project. by the Owner. 1.7,22 Providing any other servirros not o:berwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, eluded in this Agreement or not customarily furnished in analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity survey's or inventories of material, equipment and 1,8 TIME tabor. 1.7.10 Providing interior design and other similar ser• 1'8'1 The Architect shall perform Basic and Additional vices required for in resi n with the selection, Services as expeditiously as is consistent with professional skill procurement or installation of furniture, furnishings and and care and theorderlyne s the Work. Upon request of the Owner, the Archihir:. shall submit for the related equipment. Owner's approval, a schedufe (o the performance of the 1.7,11 Providing services for planning tenant or rental Architect's services which shall Le adjusted as required as spaces. the Project proceeds, and shall include allowances for per!- 1.7.12 Making revisions in Drawings, Specifications or ods of time required for the Owner's review and approval other documents when such revisions are inconsistent of submissions and for approvals of authorities having with written approvals or instructions previously given, jurisdiction over the Project. This schedule, when approved are required by the enactment or revision of codes, laws exceeded the Owner, shall not, except for reasonable cause, be or regulations subsequew to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1,7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for the Project including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect. systems and site requirements. 1,7,14 Making investigations, surveys, valuations, irn'en- 2.2 If the Owner provides a budget for the Project it ;oriel or detailed appraisals of existing facilities, and serv- shall include cuntingencies for biddirg, changes in the Ices required In connection with construction performed `iN rk during construction, and other costs which are the r by the owner. responsibility of the Owner, including those described In this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, pro ide a statement of any Work damaged by fire o1 ather cause during con- funds available for the Project, and their source. AtA DOCUMENT 1141 a OIN'NFR-AR(~ , LT ACRCFMENT a THIRTEENTH En11104 I JULY 177 4 AIA' 1 T 19.7 THE AMERICAN INSTITUTE Or ARCII~-ECTS, 1735 NEW YORK AVENUE, N.W., WA5HINGTON, D.C. 20006 0141.1977 5 ♦ 1 h 2.3 'he Ov,iier shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by cation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services, cle 2 2.4 The Oisrer shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grade and lines of streets, alleys, pavements and adjoin 3.2.1 Evaluations of the Owner's Project budget, State• in; property; rights-o'-way, restrictions, easements, en- menu of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and islimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction Indus- and trees; and full information concerning available sere- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and di rials or equipment, over the Contractor's methods of de- 23 The Owner shall furnish the services of soil engi- termining bid prices or over competitive bidding, market neers or other consultants when such services are deemed or negotiating conditions, Accordingly, the Architect necessary by the Architect. Such services shall include test cannot and doe not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or fru,n any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations, tect• 2,6 The Owner shall furnish structural, mechanicai, 3.1.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections ant re- lished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- 2.7 The Owner shall furnish all legal, accounting and in- paragraph 1.1,2 or Paragraph 2.2 or otherwise, unless such surance counseling services as may be necessary at any fixed limit has been agreed upon in writing and signed by time for the Project, including such auditing services ces as the parties hereto. If such a fixed limit has been estab- the own Er may require to verify the Contractor'srV as lished, the Architect shall be permitted to include con• fiat Payment o to ascertain how or for what pur- lingencies for design, bidding and price escalation, to de- lions poses the Contractor uses the moneys paid by or on be- and dyepes of what construction tstrruucetiIs,on are to equipment, be nt, included in component the systems Con- half of the owner. and types Documents, to make reasonable adjustments in the 2,8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the OwnA's expense, and the Architect shall fixed limit, Any such fixed limit shall be increased in the be entitled to rely upon the accurvcy and completeness amount of any increase in the Contract Sum occurring thereof. after execution of the Contract fo- Construction, 2.9 If the Owner observes or othE,wise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not com- of any fault or defect in the Project or nonconformance menced within three months after the Architect submirs with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shalt be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- in the construction industry between the date of submis- peditfously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architects services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION . the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- 3.1,1 Th: Construction Cost shall be the total cost or negotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect, scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- rn,rket rates, including a reasonable allowance for over- tion Cost has been established as a condition of thisAgree- head and profit, the cost of labor and materials furnished ment, the Architect, without additional charge, shall mod. by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AIA DOCUMENT 1141 0 Ow NER• A RCHItECT AGREEMENT • THIRTEENTH EDITION I JULY 1977 &A I ASr 01977 6 8141.1977 THr AMERICAN INSTITUTE OF ARCInTECTS, 1735 NEW YORK AVENUE, NAY., wNSHINGTON, Me, 70006 with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the tion for any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services, or not the Construction Phase is commenced. 6.1.4 IVhen compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent DIRECT PERSONNEL EXPENSE services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Proj- on 111 the lm%cst bona fide bid or negotiated proposal or, ect, and the porlion of the cost of their mandatory and 111 if r o such bid or proposal is received, the most recent customary contributions and benefits related thereto, such atement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- to of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and simile; contributions and benefits, ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi. 6.3 PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of•town those for which the Architect is held legally liable. travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 IF the Project is suspended or abandoned in whole the Project. or in part for more than three months, the Architect shall 5,1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the ab.19donment, together with Reimbursable Expenses then Architect's consultants. due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi• more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1,4 If authorized in advance by the Owner, expense of overtime work requiring I igher than regular rates. ARTICLE 7 5,1,5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owncr. 5,1.6 Expense of any additional Insurance coverage or 7,1 Records of Reimbursable Expenses and expenses ptr- limits, including professional liability insurance, requested taining to Additional Services and services performed on by the Owner in excess of that normally carried by the the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting Architect arid the Architect's consultants. .10 principles and shall be available to the Owner or the Ah::CLE 6 Ow'ner's authorized representative at mutually convenient times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1,1 An initial payment as set forth in Paragraph 14.1 is 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the Architect 6.1.2 Subsequent payments fer Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set eluding reproducible copies, of Drawings and Specifica- forth In Article 14, lions for information and reference in connection with the 6.1.3 It and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction Is exceeded and Specifications shall rot be used by the Owner on AIA DOCUMENT 1141 0 OWNER•ARCHr TECT AGREEMENT , THIRTEENTH EDITION . JULY 1977 • AIAV • m 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1775 NEW YORK AVENUE, N, W., WASHINCir J, D.C. 20006 6141.1977 7 : I other projects, for additions to this Project, or for cornple- 10.4 Termination Expenses include expenses directly at- tioa of this Project by others ;3rovided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tect. tion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection w ilh the matic Design Phase; or Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION ARTICLE 11 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance sith the Construe- governed by the law of the principal place of business of tion Industry Arbitration Rules of the American Arbitra- the Architect, tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Constructin,, current as of the date joinder or in any other manner, any additional person not of this Agreement. a party to this Agreement except by written consent con- 11,3 As between the parties to this Agreement, as to all taming a specific reference to this Agreement and signed acts or failures 10 act by either party to this Agreement, by ti•e Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to to be joined any consent to arbitration involving an ad- run aped any alleged cause of action shall bs deemed to diticnal person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitratfon of any ,fispute not described therein or with vant Date if Substantial Completion of the Work, and as any person not r Imed or described therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Dale of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. p,~rtfes to this Agreement shall be specifically enforceable under the prevailing arbitration few, 11.4 The Owner and the Architect waive all rights against each other and against the contractors, consult. 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov- writins with the outer party to this Agreement and with ered by any properly insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in q-3e5tion has arisen, In no event shall Owner and the Architect each shall require appropriate the demand for arbitration be made after the date when similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9,3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal ARTICLE 10 representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT lives of such other party with respect to all covenants of 10.1 This Agreement may be terminated b either art this Agreement. Neither the Owner nor the Architect shall upon seven days' written notice should the other party assign, sublet or transfer any interest in This Agreement fail substantially to perform in accordance with its terms without the written consent of the other, through no Pauli of the party initiating the termination, 10.2 This Agntement may be terminated by the owner ARTICLE 13 upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT In the event th; t the Project Is permanently abandoned, 13,1 This Agreement represents the entire and integrated 10,3 in the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Archtect shall be compensated for all services supersedes all fn;or negotiations, representations or agree. performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written Instrument signed by both defined In Paragraph 10.4. Owner and Architect. 8 9141.1977 A I A DOCUMENT 1111 U15'V{R AkCHiTE0 ALREEb1ENr I THIRTEENTH EDITION I JULY 1977 . AIAS • ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YU6A AVENUE, N.W., WASHINGTON, O.c. 21W6 f r ARTICLE 14 BASIS OF COMPENSATION Th,, Oti%ner shall compcnsate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 11.1 AN INITIAL PAYMENT of _NO_ dollars _0_ J shall be made upon execution of this Agreement and credited to the Owner's account as follows: 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here imwt bar, of ccmpema tic n, including fixed amoun n, muf(fpfes or percentage,, and idon(i fy Pha w, (o which parGrulai method, of eomperf (ion apply, if necessary r Eight Percent (8%) of construction cost, but the fee 4s not to exceed $61,760.00 (8ro of the $772,000 bond funds voted for the project), 14.2,2 Where compensation is based on a Stipulated sum or Percentage of Construction CosF. payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensatio for each Phase shall equal the following percentages of the total Basic Compensation payable: n.ctude any add, Nonal Phases a apptoprlare.) Schematic Design Phase: fifteen percent ( 15 Design Development Phase: twenty percent( 20 Construction Documents Phase; forty percent( 40 Bidding or Negotiation Phase: five percent ( 5 ConstrucCon Phase: twenty percent 120 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. Ala DOCUMENT THE 2M 8141.1977 9 AMME0.CAN INSTITUUIE OF A0.CMT CIS,G11735MNEW YORK T AVENUE., N.W,aWASHIINGtON, ADC.®t r• . ~r 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4,1 FOR ADDITIONAL SERVICES OF THE ARCHITECi, as described in Paragraph 1.7, and any other services in- cluded in AftiCIL 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be -omputed as follows: 11we ln.r d basis of cnmpcnsali on, including ralrs and or multlprrs of Orrrrt Pcr~.onnef f.prn,e for Principals and rmplol em and identity PoncpiIs and ds,W; omplotces, if rcquirod. Identify speoAc services fo sshfch particular method' of cumpensation apply. if nrcc, aryl Principals: O'Neil Ford - sixty dollars ($60) per hour Bruce Sasse - forty dollars ($40) per hour Duane Landry- forty dollars ($40) per hour Employees: Two and one half times direct personnel expense 14.4.2 FOR ADDITIONAL SI RVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided tinder Subparagraph 1.7.21 or identified in Articfe 15 as part of Addi- tional Services, a multiple of We p0 n wo 1 , 2 times the amounts billed to the Architect for such services. !Identify specific types of eomurtanb fn Article 15, if required J 143 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items inclftded in Article 15 as Reim- bursable Expenses, a multiple of one ( 1.0 1 times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business J the Architect. Mere insert any rate of interest agnerd upon Usury faw.s and rrqutr crents under the federal Truth in rendmg Act, similar Gate and two' o,. umer credit iaws and other regulations at the Owner's and Arthifec!'a principal prices of businex, the IocaGon of the Protest and rhrahers may arfect the validity of this provision. SprWic fegal advicr should be obotaed with respect to deletion, modihutlon, or other rcqu Armrnh such as writlrn dbdosures co, waivers I 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7,1 IF THE SCOPE of the Project or of '.he Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7,4 IF THE SERVICES covered by this Agreement have not been completed within twenty-four 243 Months of tha date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 1141 a OWNER-ARCHITECT AGRLEhtENT a THIRTEENTH EDITION . JULY 1977 s AIAII a D 1977 10 1141-1977 THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEw 1'o RK AVENLE, N.W., wA5111NCTON, D,C, 2M R, RARTIC'tE 15 OTHER CONDITIONS OR SERVICES AIA DOCI'V. l 9111 0 OWNER ARCHIIECT AGREEMENT • THIRTEENTH EDITION 1 JULY 1977. AIA*. p 1977 TH! AMERICAN INSTITUTE 0' ARCHITECTS, 1739 NEW YORK AVENUE, N.W., WASHENGION, D.C. 2m 6141.1977 11 .7, f ~ 1 T\•V L fl~ ILl ~t This Agreement entered into as of the day and year first written above. t~ OWNER ARCHITECT City of Lenton, Texas Ford, Pow & Carson, Architects & Plan Carson, Architects & Planners, Inc. & Meyer, Landry & Landry Architects 8Y'00~-, BY .40._ 'N it For est n ti BY Ouan n ry AIA D1977 DOCILIMENT 1141.1977 THE AMEKICA.K,NSITITU E OWNER-ARCHITECT OF ARCHITECTS, G17S AINEW YORK TAVENUE, NW,'WICILY 4SHI I NGTONIA O,C. ® 1WOE t VOL 915 PAGE 72 j DEED RECORDS j D CITY of DENTON, TEXAS MUNICfFAL BUILDING / DENTON, TEXAS 76201 / TELEPffONE (817) 382-9601 T0: Building Code Board 29039 FROM: Joe S. Bullard, Housing Inspector DATE: September 26, 1978 RE: 1321 Wilson LEGAL DESCRIPTION: 100 x 309, Tr.' #4 J. Brock Survey 1',155 I The property described above was inspected for compliance with the Denton Minimum Housing and Building Standards and found to be substandard. The owner has been notified by mail as owner- ship appears on the City tax roll. He was advised of his obli- gation to repai-^ or demolish the structure and has not acted in i this matter. Therefore, i.t is the intent of the Director of Community Developm nt to demolish the structure as a hazard to the health, safety and welfare of the public. The demolition will be accomplished by contractual arrangement, the expense of which will constitute a lien against the real property upon ' which the structure stood. A copy of this notice gill serve to advise the owner of his right to appeal, within ten (10) days, the decision f the Director of Community Development before the Board i" jdr o T ~Vmb lard THE STATE OF TEXAS X . COUNTY OF DENTON X ed and sworn to before me this day of A.D. 1978. "/'A Karen Rao Smith Notary Public in and for y Denton County, Texas. !h M pi.res the 22nd day of December, 1979. DEPARTMENT OF COMMUNITY DEVELOPMENT pit 5 vN~ v N . P N G p Nqg9 ~ S' ~ Ito., cF~ •~,r r 7 ~ c 0 ~o ` ~ g $ $ coo' ~r G CL 3a~~ qT6 Ion s L. Zvi n ~d ~ b r°. H 10 H 431 'C z z o o Ca 80 'Z 11~ C r r..l W V] 1l.~ I} r.J ~ 1`i I !~'r0l,1~ 1p fi DEED RECORDS YOL 915 PAGE 70 CITY ofDF.NTON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817)382-9601 29038 TO: Building Code Board FROM: Joe S. Bullard, Housing Inspector f i DATE: :'eptember 26, :978 RE: N/S Ruth Street between 327 and 401 LEGAL DESCRIPTION: Lot 4, Blk, 11 and E k Lot 3, Blk. 11 Robertson Addition - A.Hill Survey #623 i The property described above was inspected for compliance with the Denton Minimum Housing and Building Standards and found to to substandard, The owner has been notified by mail as owner- i ship appears on the City tax roll. He was advised of his obli- fation to repair or demolish the structure and has not acted in this matter. Therefore, it is the intent of the Director of Community Development to demolish the structure as a hazard to the health, safety and welfare of the public. The demolition will be accomplished by contractual arrangement, the expense of which will constitute a lien against the real property upon which the structure stood. A copy of this notice will serve to advise the owner of his right to appeal, wit;iin ten (10) days, the decision of the Director o~ /J Community Development before the Board. jar ,'~e ?y car THE STATE OF TEXAS X COUNTY OF DENTON X l ed and sworn to before me thfr, ? - day of A.D. 1978. .y Karen Rae Smith Notary Public in and for Denton County, Texas. ti M pines the 22nd day of December, 1919, DEPARTMENT OF COMMUNITY DEVELOPMENT 3€ao8 t ~ 8 4 &E~ C T ~saa 5~E ion y s d ~G O ' z 1,11H W, po d w W 30 lZ '.'d OZ d3S co r ttI JJ i y VOL 915 PAGE 7 4 DEED RECORDS CITYof DENTONJEXAS MUNICIPAL BUILDING / DENTON, TEXAS 7620i / TELEPHONE {8171382.9601 k TO: Building Code Board 20040 FROM: Joe S. Bullard, Housing Inspector DATE: September 26, 197" j RE: 216 No•:th Woou LEGAL DESCRIPTION: Lot 1, Blk. 1, Solomon Hill Addition H. Cisco Survey #1184 i I { The property described above was inspected for compliance with { the Denton Minimum Housing and Building Standards and found to be substandard. The owner has been notified by mail ~.s owner- ship appears on the City tax roll. He was advised of his obli- gation to repair or demolish the structure and has not acted in i this matter, Therefore, it is the intent of the Director of Community Development to demolish the structure as a hazard to the health, safety and welfare of tine public. The demolition will be accomplished by contractual arrangement, the expense of which will constitute a lien against the real property upon which the structure stood. A copy of this notice will serve to advise the owner of his right to appeal, within ten (10) days, the decision of the Director of Community Development before the Board. J f ,jdr ) THE STATE OF TEXAS X t' COUNTY OF DENTON X d and sworn to before me this _ 2 day of A.D. 1978, Karc-n" Rae Smith Notary Public in and for Denton County, Texas. My Gt ires the 22nd daN of December, 1979. DEPARTMENT OF COMMUNITY DEVELOPMENT t,1. J g L 6sI~$o N . tl -0 ~l~ 3~va ~Y6 }an • O ~ b o V rys O CD z vi 7d CO P 131 'o-l C7 80 :Z 1''J OZ JIS "!.I 01,113 y YOL 9 15 YA6E 76 DEED RECORDS n~v~ WY Y of D,E:NTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 382.9601 TO: Building Code Board 2041 FROM: Joe S. Bullard, Housing Inspector DATE: September 26, 1978 RE: 721 East Prairie LEGAL DESCRIPTION: Lot 3, Blk. 1, Jasper Addition H. Cisco Survey #1184 The property described abova was inspected for compliance with the Denton Minimum Housing and Building Standards and found to be substandard. The owner has been notified by mail as owner- ship appears on the City tax roll. He was advised of his obli- gation to repair or demolish the. structure and has not acted in this matter. Therefore, it is the intent of the Director of 4 Community Development to demolish the structure as a hazard to the health, safety and welfare of the public. Tne demolit{on will be accomplished by contractual arrangement, the expense of which will constitute a lien against the real property upon ' which the structure stood, ~ 1 A copy of this notice will serve to advise the owner of his right ! ' to appeal, within ten (10) days, the decisi of the Director of Community Development before the Boa•.dr, /J dr S B ar ~ THE STATE OF TEXAS X I COUNTY OF DENTON X M nd sw)rn to before me this day of A.D. 1978, / Karen Rae Smith Notary Public in and for Denton County, Texas, My c ires the 22nd day u December, 1979, DEPARTA(CNT OF COAtWO)TY DEV: JPMEAT QS; ~ 's OLL, LL 3~va ~T6 10A' \ s ~ pC~ ro ~ H tj m )31'01 'J z z N ~ ~ w eo z r;~ az ds ?11 U3` 11 ~e~q r a VOL 915 InE 68 PEkD RECORM i CITY of DEWON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 /TELEPHONE (817) 381.9601 TO: Building Code Board 29037 FROM: 'Joe S. Bullard, Housing Inspector DATE: September 26, 1978 RE: 0,20 North Ruddell (First and Second Buildings) LEGAL DESCRIPTION: Six acres, 105' N from Mays J. Brock Survey #55 i I I The property described above was inspected for compliance with the Denton Minimum Housing and Building Standards and found to be substandard. The owner has been notified by mail as owner- j ship appears on the City tax roll. He was advised of his obli- gation to repair or demolish the structure and has not acted in this matter. Therefore, it is the intent of the Director of Community Development to demolish the structure as *.hazard to the health, safety and welfare of the public. The demolition will be accomplished by contractual arrangement, the expense of which will constitute a lien against the real property upon which the structure stood. A copy of this notice will serve to advise the owner of his right to appeal, within ten (10) days, the decision of the Director of Community Development before the Board, 3 dr~l ' ~ u a r THE STATE OF TEXAS X COUNTY OF DENTON X ed and sworn to before me this Zday of _ A.D. 1978. Karen Rae S :m s Notary Public in and for Denton County, Texas, no ~y My ciao r~itc i.res the 22nd day of Decerber, 1979. DEPARTMENT OF CommuNI'YY DEVELOPMENT 9 rrz 69 39VA ICA, S~ C-1 d b t°~ o CAD ,Q x r .L Z~ i3 __V 8.4 VOL 914 PACE 50 7911: STATE 01 77:XAS } RU TIASF'. & SATISf'ACTI0'1 02' LIEN COUNTY OF DF.NTON DEED RECORDS By n instrumenL dated the 23 day of May , 19 78, the C.P.y of L'_ nton, Texas, filed for rccorcl in the otfi'cc of the County Clerk, De:;aon County, Tcyas, a lien against certain real property owned, co _rollecl, or possessed by Barbara N. Jackson iyS~)l and describ--d as follow,,;: _ A, ADDR4JGS: None C7 LEGAL DESCRIPTION: Lot 13, Blk. 6, Robertson Addn. Not:i.co of saki lien taas filed in the office of the County Clerk of Denton County, Texas and entered in Volucnc~ 892 r Page 715 of the Lien Records of Denton County, Texas. ' This lien has been fully satisfied, releasei,, and diseliar clecl. Therefore, the City of Denton hereby relinquishes the lien, and the County Clerk is hereby authorized and in;;lructccl to record this relinquishment and satisfaction as provided by law. Signecl this they 22 day of September , 19 78 , J 1s N PE S SP10RN TO AND SUBSCRIBED 13BPORE PIE,,, under my official hand ant of I,fifi.cnr fhi n thn 22 d1y (if Sp temhar , 1978 0 1) NOTARY PUBLIC IN AND FOR DEMON COUNTY, TEXAS 1iy _.nission expjr„Us the 9 clay of August 19 80 a .a tr r ` ' "it- N \ a Y~ tir 00 coi 914 FACE 51 • SL 3aaa LT6 ion ~p C/I } `G r1 rf N. L F I D_ O 0 Z 00 VC C-3 Z v H rOr QQ C W ~ v O r Q19j r+~j~JIIOJ UOl119Q snMc gunco E~!,! [.LOO '3W 6,! illy iy { SY SE~7j 'rS~I1R UO sP'n"ai pr;4.v "7,d nJ Abp pr0 amn A J lua0Id G~ ? ~w rq a+q'4 Da~weis atuq Auoaa, 0 s41 uo F-!.~ 'rex g;~!u vpr,'! s'4l 7'; 43 Rgariy + cc:aj 'F unu3 uv'XJI"10 ALNf103 ~lO1N30 d0 A!N i0~ SV1Q1 j0 JIM f THE STATE OF TEXAS s ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON DEED RECORDS THAT EIGHTY-FOUR LUMBER COMPANY i of Benton county, Texas , in consideration of the sum of One Dollar ($1.00)----------------------- nd other good and valuable consi --t. " M85'70 in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, au 1., these pres;,its grant, bargain, sell and convey unto to the City of Denton, Texas, the free and uninten opted use, liberty and privilege of the passage in, along, upon and across the following described property, i owned by it . Situated in Denton County, Texas, h: the R. B. Longbott&grvey, Abstract No. 775 All that certain lot, tract or parcel of land lying and being situates: in the City and County of Denton, State of Texas, aid being part of the R. B. Longbottom Survey, Abstract No. 775, and being part of Lot No. 4 of the East Industrial Plaza Addition, an addition to the City and Count of Denton, and also being part of a tract. of land as conveyed from Bert R. Moore to Eighty-Four Lumber Company by deed dated March 9, 1978 and recorded in Volume 878, Page 660 of the Deed Records of Denton County, ,b Texas, an•' more particularly described as follows: BEING the south 16.0 feet of said Lot 4 and being 360.5 feet in length and containing 5,768 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, su th fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpQtually maintaining public utilities in, along, upon and across said premises, r,ith the right and privilege at all times of the grantee herein, his or f a agents, .0 employees, workmen and representatives having ingress, z,r.ss, and regress in, along upon and across said pren,lses for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. i TO HAVE AND TO HOLD unto the said City of Denton, Texas as afore-aid for, the purposes aforesaid the premises above described Witners our hard , this the day of September , A. _D. 18 78 ATTE E_ IC~'f-F0',R LUMBER MPANY SECR.TARY _ : VOL 91 FALE 345_.__ MEMEMN SINGLE ACKNOWLEDGMENT VOL 914 PAGE 346 THE STATE OF TEXAS, 1 BEFORE DIE, the undersigned authority, COUNTY OF r in amt for said County, Texas, on this day personally appcare(i known to me to be the person whose name subscribed to the foregoing in~trumcnt, and acknowledged to me that he executed the same for the purpose= Lnd consideration therein expressed. GIVEN UNDER DIY HAND AND SEAL ~l? OFFICE, This _ . day of - , A.D. 19__... (L.S.) Notary Public, -_.County, Texas My Commission Expires June 1, 19___. SINGLE ACKNOWLEDGMENT THE. STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for sail Count/, Texas, on this day personall appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that... he executed the same fn: the purposes and consideration therein expressed. G'VEN UNDER DIY HAND AND SEAL OF OFFICE, Tl.is _ _ day of__.____.__...._.__..._ , A.D. 19. Notary Public, County, Texas 1<Iv f cmmission Expires June 1, 19 / 4/,C CORPORATION ACKNOWLEDGMENT THE STATE OFf / /n r BEFORE DIE the undersigned euthority COUNTY OF. GTDU n ~7 , in and for said County, Texas, on this day personally appeared Qfll~/n f~• yDflw~ .of Eighty-Four Lumber Company , known to me to he the person and officer whose name is subscribed to the foregoing instrument and arknow•Icdged to me that the same was the act of the sail Eighty-.Four. Lumber-Company a corporation, and that he executed the same as the art of such corporation for Vie parprscs and comi.lcration therein txprer^ed, and in the capacity therein stated. ^ HAND AND SEAL OF OFFIi'v, Thi day of _ Se D. tg 78 ..IVEN UNDER DIY of f Nutsry Public ~yh~'._ County, JWP/~ My Commission Expires I;jry...CLERK'S CERTIFICATE THE STATE OF TEXASr . County COUNTY oF. Clerk of the County Cpu~'t` said ~o~By,gi3~lrQteby certify that the foregoing instrument of writing dated on the &V of , A. D 19 with its Certificate of Authentication, teas filed for _.g o a ,7 It record in my ofi •~on th@ dog d~ x A. D. 19.at_ o'clock M., and duly recorded this day p fN't p 3 4 A. D. I9 , at o'clock M., in the ecords of said County, in Volume . on pages WITNESS MY HANI .44D SIB TY COURT of said County, nt rffice In _ and year last above written. Cnunly Clerk _ County, Texas. (L S.) v 3 1011 By Dcputy. F -4 i i a f >1 1 a o a EA P ln' 4 F1LED a o ~a 'f _ tx l o l STEP 2 FM h: 23 v N y h i i V i t?ltRy c PILL ° o co: 0 C 'fir I W o 1 w a I I o ~t 0 i i THE STATE OF TEXAS COUNTY OF bENTON KNOW ALL MEN BY THESE PRESENTS: E pEE;D REC,009 THAT WE, BOBBY GEORGE AND WIFE, JOYCE GEORGE AND RALPH HIGGI_NS AND WIFE, MARIE 4. HIGGII )`or _ and in co,+sideration of the sum of one dollar ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, a ,-,d other good and valuable consideration including the benefits that will accrue to our property, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construcr., reconstruct and perpetually maintain a sewer line and appurtenances in, upon and across the following described tract of land, said tract being a strip of land 20 feet in width and 583.52 feet in length, and the centerline being more particularly ~'-scribed as follows: The centerline of a sewer line easement crossing a tract or parcel of land containing 10.0 acres more or less, situated in the R. B. Longbottom Survey, Abstract No. 775, Denton County, Texas. Conveyed to Bobby George and wife, Joyce George and Ralph Higgins and wife, Marie M. Higgins by certain Deeds of Record as described in Volume 862, Page 67, Deed Records of Denton County, Texas. BEGINNING at a point that bears South from an iron pin located in the Northeast property corner of said tract, a distance of 10.0 feet, more or less, along the East boundary line to a POINT OF BEGINNING of said easement; THENCE: N89°57'50"W, along and adjacent to the North boundary line of said tract, a distance of 583.52 feet, more or less, to a point on the West boundary line of said tract, to end of easement. Said length of easement being 583.52 feet, sore or less, measured alone the centerline of said easement. TO HAVE AND TO HOLD, all and singular, the privileges aforesaid to it, the said City of Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and all times to enter said premises or any part thereof, for the purpose of constructing, reconstructing and perpetually maintaining said sewer line together with necessary appur- tenances, and for making connections therewith; all upon the condition that the City of. Denton, Trxas, will never construct any such sewer line above plow depth, and that tk,e City of Denton, Texas, will at all times, after doing VOL M i'A(1363 got 914 PACE 364 any work in connection with the construction, reconstruction or repair of said sewer line restore said premises as nearly as poss V;I P to the condi- tion in which same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in performing said work, and further upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas will not create a nuisance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, TE.-as for any other pur- pose, under this grant, except as herein provided. Provided, however, that for the purpose of initially constructing the sewer line and appurtenances above described, and during such initial construction only, the City of Den- ton, lexas, and its agents, shall have the right and privilege to enter upon and use for' such initial construction purposes a strip of land 30 feet in width and 583.52 feet in length, more or less, said centerline is more particularly described above, upon the condition thof the City of Denton, Texas, and its agents, will restore said premises as nearly as possible to the condition in which same were found before such initial construction work was.undertaken, including repair of all fences that might be disturbed or dam- aged in performing said initial construction work. WITNESS OUR HANDS this day ofr-/'O-2 , A.D., 1978. v THE STATE OF TEXAS COUNTY OF DENTON { BEFORE ME, the undersigned authority, a Notary Public in and for Denton County, Texas, on this day personally appeared Ralph Higgins and Marie M. Higgins, his wife, both known to me to be the persons whose names are subscribed to the foregoing 'Instrument and acknowledged to me that they each executed the same for :he purposes and consideration therein expressed, and the said Mark M. Higgins, wife of the said Ralph Higgins, having been examined by me privily and apart from her husband, and having the same fully explained to her, she,the said Marie M. Higgins acknowledged such instrument to be her act and deed, and she declared that she had willingly sigred the same for the purposes an(; consideration therein expressed and that she did not wish to retract it. ViITNESS MY HAND AND SEAL OF OFFICE this / day of , l t A.D. 1978. ~ A ~~7 Gk's Notary Public in and for Denton County, Texas 4 i VOL 914 PACE 365 THE STATE OF TEXAS ¢ COUNTY OF DENTON VOL 914 PAi,E 366 BEFORE ME, the undersigned authority, a Notary Public in and for Denton County, Texas, on this day personally appeared Bobby George, and Joyce George, his wife, both known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expressed, and the said Joyce George, wife of the said Bobby George, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Joyce George acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expressed and that she did not wish to retract it. WITNESS MY HAND AND SEAL OF OFFICE this X- day of , A, D. 1978. Kotary Public in an for v' Denton County, Texas R.8. LONCF30TTOM A-I7 S X189757 SO "W ' 583.52 30' Cons, issemenf Vvl. 662 Ag. 66 Bobby George and Joyce kleae'ows, Ralph Nigg,ns SEWED LINE EASEMENT B. GEORGE t Q, HIGSINS Scale: I" 200 GENTON CO., TEXAS tTG pan : ' i FILEQ o a 'n`~: T ~ ~ ~ vim' ,y°{;• ' 2 2- 2, 0 C-t a 1 ' O 0 1 o a ? j C TEY. V ro w v+ CJl G~ Cr ilj v, s ~c Nr; 16 is v r 1/ r a u a C. I o-I 1 ~ye93 ~ t,, z ~ G v THE STATE OF TEXAS L VOI 914 PAGE 52,2 ~ COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS ~ DEED RECORDS THAT WE, Lotto E. Callahan and Husband, Felix W. Callahan ,'71 for and in consideration of the sum of one dollar ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct, reconstruct and perpetually maintain a sewer line and appurtenances in, upon and across the following described tract of land, said tract being a strip of land 20 - feet in width and 890.95 feet in length, and the centerline being more particularly described as follows: The centerline of a sewer line easement, being called Easement Part I and Easement Parl, , crossing a tract or parcel of land containing 430.14 acres more or less, situated in the Moreau Forrest Survey, Abstract No. 417, and the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, Conveyed to Lotto E. Callahan and Husband, Felix W. Callahan, by O special warranty deed as fully described in Volume 847, Page 690, Deed Records of Denton County, Texas. EASEMENT PART I. BEGINNING at a point that bears NOO° 32' 20" E, from an inside property corner of said Callahan tract, a distance of 128,5 feet, more or less, said inside corner also being the Southeast property corner of the adjoining tract, being known as Capsyn Limited No. 128, to a POINT OF BEGINNING of said Easement Part 1. THENCE: S 77° 23' E, a distance of 119.6 feet, more or less, to end of Easement Part I. Said length of Easement Part I being 119.6 feet, more or less, measured along the centerline of said easement. EASEMENT PART 2. BEGINNING at a point that bears South from the most Easterly Northeast k;wer of a tract containing 17.93 acres, owned by the City of Denton, Texas, a distance -)f 566.3 feet, more or less, along the East Boundary line of said tract, to a point; thence East, a distance of 10 feet, too POINT OF BEGINNING of said Easement Part 2. T;4ENCE: North, parallel to and 10.0 feet from said East property line of said 17.93 acre tract, a distance of 574.7 feet, more or less, to a point; -4 THENCE: N 05° 30' E, a distance of 181,87 feet, more or less, to a point; THENCE, N 38° 30' E, a distance of 14.73 feet, more or less, to end of Easement Part 2. Said length of Easement Part 2, being 771.35 feet, more or less, measured along the centerline of sold easement. Total length of Easement Part I, plus Easernsnt Port 2 being 890.95 feet, more or less. 1 TO HAVE AND TO HOLD, all and singular, the privileges aforesaid to it, the said City of Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and all times to enter said premises or any part thereof, for tie purpose of constructing, reconstructing and perpetually maintaining siad sewer line together with neces'•ary appur- tenances, and for making connections therewith; all upon the condition that the City of Denton, Texas, will never construct any such sewer line above plow depth, and that the City of Denton, Texas, will at all times, after doing any work in connection with the construction, reconstruction or re- pair of said sewer line restore said premises as nearly as possible tj the condi- tion in which same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in performing said work, and further upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas will not create a nuisance or any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas for any other pur- pose, under this grant, except as herein provided. Provided, however, that for the purpose of initially constructing the sewer line and appurtenances above described, and during such initial construction only, the City of Den- ton, Texas, and its agents, shall have the right and privilege to enter upon and use for such initial construction purposes a strip of land 60 feet in width,and 890.95 feet in length, more or less, said centerline is more particularly described above, upon the condition that the City of Oenton, Texas, and it: agents, will restore said premises as nearly as possible to the condition in which same were found before such initial construction work was undertaken, including repair of all fences that might be disturbed or dam- aged in performing said initial construction work. WITNESS OUR HANDS this 2 1, Say of C?1J er ; A.D., 1978. w0L 914 eAu 523 THE STATE OF TEXAS n COUNTY OF DENTON ` oL 914 Pu 524 BEFORE ME, the undersigned authority, a rotary Public in and for Denton County, Texas, on this day personally appeared Felix W. Callahan, and Latta E. Callahan, his wife, both know to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they each executed the some for the purposes and consideration therein expressed, and the said Lotto E. Callahan, wife of the said Felix W. Callahan, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Latta E. Callahan acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the some for the purposes and consideration therein expressed and that she did not wish to retract it. WITNESS MY HAND AND SEAL OF OFFICE this day of A. D. 1978. Notary Public inartd fo Denton County`; Texas 4 s G, WALKER SURVEY A•'330 Fe/ix W. and Lotia Callshan p )v .99 ~10 i j 14.7. = 7-:r I~0 Capsyn lid h iiy6 1 SEWAGE TREATMENT PLANT CITY OF DENTON 'O ip I 17.93 Ac, "I ; I o ilk I I I/J li SEWER LIME EASSMEWT FELIX AMID LOTTA CALLAHA'J Sca/e: 200 DENTOH CO., TEXAS t~ ~~~m 1 5zt 39ua fTG 30A ffl EO n r vl o s Z$ A.1 i f 3 n v o n # n m z UP :0 o A 3 m iV "i o r- m Co z n x ~ m ij Xy m Q~ N -m-I Z 4,9 *al 4 'f+` 40 o f y~ ~ I ti ~ . SST A NI E R tr D ♦ 9 OWNER POLICY Of TITLE INSURANCE N.0 79544 First American Title Insurance Company FIRST AMERIAN TITLE INSURANCE. COMPANY, a California corporation, hereinafter :ailed the Company, for value does hereby guarantee to the herein named Insured, the heirs, devisees, executors and administrators of the Insured, or if a corporation, its successors by dis- solution, merger or consolidation, that as of the date hereof, the insured has good and indcfea. sible title to the estate or interest in the land described or referred to in this policy. The Company shall not be liable in a greater amount than the actual mon Lary loss of the Insured, :old in no event shall the Clunpaly' be liable for more than the amount shown in Sched- ule A hereof, and shall, except as hereinafter stated, at its own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, or any part thereof, adverse to the title to the estate or interest in the hind as hereby guaranteed, but the Company shall not be required to defend against any claim< U ased u,wn matters in any mannar excepted under this policy by the exceptions in Schedule B hereof or excluded by Paragraph 2, "F.xc'usions from Coverage of this Policy", f the Conditions and Stipulations hereof, The par- ty or parties entitled to such defei:se shall xithin a reasonable time after the commencement of such action or proceeding, and in ample time for defense therein, give the Company written no- tice of the pendency of the action or proceeding, and authority to defend. The Company shall not be liable until such adverse interest, claim, or right shall have been held valid by a court of last resort to which either litigant may apply, an(' if such adverse interest, claim, or right so established -.hail be for less than the whole of the (state or interest in the land, then the lia- bility of the Company shall be only such part of the whole liability limited above as shall bear the same ratio to the whoa liability that the adverse interest, claim, or right established may bear to the whol:- estate or interest in the land, such ratio to be based on respective values de- terminable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved from ::11 liability with respect to any such interest, claim or right! provided, however, that failure to notify shall not prejudice the rights of the Insured if sh-a Ir ;ured shall not be a pprty to such action or proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shall be actually prejudiced by such failure. Upon sale of the estate or interest in the land, this policy automatically thereupon shall be- come a warrantor's policy and the Insured, the heirs, devisees, executors and administrators of the Insured, or if a corporation, its successors by dissolution, merger or consolidation, shall for a period of twenty-five years from date hereof remain fully protected according to . le terms here- of, by reason of the payment of any loss he, they or it may sustain on account of any warran- ty of title contained in the transfer or conveyance executed by the Insured conveying the es- tate or interest in the land. The Company shall be liable under said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not excluded ei- ther by exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the P.mount of this policy. IN WITNESS HEREOF, the FIRST AMERICAN TITLE INSURANCE COMPANY has caused these presents to be signed and sealed with its Corporate seal, but this policy is to be val- id only when it bears an authorized countersignature, as of the date set forth in Schedule A. ATTEST Q: .',p, try:/. t' first American Tifle Insurance Conrp::ny J / 1565 Secretary PKSIDEWT owno'o Policy form Prncrlbyd by Slaty Beard of inwnnco of l4.,$ -brood 6/10 7 1 OWNER !t Order No. DCT 401-D POLICY SERIAL NUMBER 79644 Premiums 145.00 • DateofPolicy 9/29/78 Rule Rate_ R-3 Residential First American Title Insurance Company SCHEDULE A NAME OF INSURED: CITY OF DENTON AMOUNT; TEN THOUSkI D ANI' NO/100------- DOLLARS iil0,2QQ.00_1 1. he estate or interest in the land frsured by this policy is:,fee simple, leasehold, easement, etc.-identify or describe) FEE SIMPLE 2. The land referred to in this policy is de:;cribed es follows: 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.B.B. & C.R.R. Survey, Abstract No. 192, and also being part of a tract of land as conveyed from R. J. Wilkins and Wife, Avella Wilkins to Dorothy A. Wilkins Meyer and Husband Manuel E. Meyer by Deed dated August 17, 1954 and recorded in Volume 397, Page 449, of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the Southeast corner of said tract, same being the intersection of the North right-of-way lire of Scripture Street with the West right-of- way line of Bonnie Brae Street; THENCE W3st along the South boundary line of said tract same being the North right-of-way line of Scripture Street a distance of 129.06 feet to the point of beginning; THE-ICE North 51 degrees 15' West a distance of 15.60 feet to a point for a corn.ir; THENCE: North 12 degrees 30' West a distance of 22.76 feet to the beginning of a curve tc the right whose center lies North 77 degrees 30' East a distance of 337.01 feet; THENCF Northeasterly with the arc of a curve to the right whose central angle is 36 degrees 30' and radius is 337.01 feet a distance of 214.69 feet to a point for a corner in the North boundary line of said tract; THENCE West along the North boundary line of said tract a distance of 55 feet to the Northwest cornet of said tract; THENCE fjuth along the West boundary line of said tract a distance of 242 feet to the Southwest corner of said tract, said point also lying in the North right-of-way line of Scripture Street; THENCE East along the South boundary line of said tract same br'.ng the North right-of-way line of Scripture Street a distance of 50.94 feet to the place of beginning and containing 8176.65 square feet of land, more or less. DENTON C Y TTTT,R rnmPANY- AKsI rM. ph,, nM slid .~Nn &0, <OYNt,RSKAIID 4~ twn,"i9'*d►, p.M, .n •r,dr1 s.. s.h awM. Hyi_ 'OWNER POL{C1' Order No. DCT 901-D SERIAL4 NUMBER 19644 Premium $ 145.00 Date of Policy 9/29/78 First American Title Insurance Company SCHEDULE B This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in- sured, if any, shown in Schedule A, and to the following matters which are additions) exceptions from the coverage of this policy: Restrictive covenants affecting the land described or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of improvements. 3. Taxes for the year 19_7A__ and subsequent years. NOT YET DUE AND PAYABLE. 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): 5. Oil, Gas, Mineral Lease dated May 17, 1950, from Avella Wilkins and Husband, R. J. Wilkins to A. E. Dean, filed June 12, 1950 in Volume 361, Page 216, Deed Records, Denton County, T.axas. 6. Oil, Gas, and Mineral Lease dated June 13, 1951, from Tvella Wilkins and Husband, R. J. Wilkins to L. F. Cox, filed June 21, 1951 in Volume 372, Page 225, Deed Records, Denton County, Texas. 7. All visible and apparent easements which may affect this property. 8. Any portion of subject property lying or being situated within the boundaries of any roadway, street or highway or used for road purposes. ---DENTON -COUNTY--TITLE COMPANY_ xrrnl , Tel. "hq nid. d,d unlrn dot, OP 1'T0IR!II1NrD. rnunbn11 n1! Er grnt, nn 4,4 4'.1 rA. W, h't'0 V' #GENERAL CONDITIONS AND SUPULATIONS 1. Definitions The following terms when used in this policy mean: (a) "Iat:d": The land dr cr.bed, specifienliy or by reference, in Schedule A, and Improvements offix(d thereto which by law constitute real property. (b) "public records": Those records which Import cuustnuiive notice of mutters relating to land. (c) "knoaoletigo": Actual knowledge, not constructive knonicdge, or nukes which may be Imputed to the Insured by reason Of any public records. (d) "date": The effective date, including hour if specified. 2. Exclusions from the Curerage of this Policy This policy does not Insure against loss or damage by reason of the following: (a) The refusal of any person to purchase, lease or lend money on the land. (b) Governmental rlShts of police power or etnlnent dotunln nnlcss notice of the exercise of such rights apponrs in the pub Ile records ;,t the date hereof; and the consequences of any law, ordinance or gicnernmeutal regulation inetoding, but not limited to, building and coning ordinances. pet Any tirb•s or rtghte ncserl, d 1}, nnyaoe in' L11111119, bun nut limitoil to, pirwms, corporniluns, gmvrnfrenle or uthpr et it, Iles to lloboiaod-, or 1„n,b r, u.prl=rug the shores of b,rls or im%Igutde or l,erenninl this, and at reuns, lnkes, bays, gnlfio, tor wvnu,c, or to nui' loud cxlendiug front the Ihop of mean b,w lido to Ibe tine of iegetution, er to lands livoiwo) the ][lie of the harper or hutkhend ❑ncs os csiabltsbcd or ehungod by any guccrnment, er to be filled lu lund~ or urtirieial tslatpls, or to rlpnrlau rights, or file rhbts or Interests of the State of 'f'oxes or (the pid,lic genrrnllc in the ores extending from the If o. of menu low tide to Ibe flue of vegetation or their right of aloev s lherutu, or right of caseunatt along Out across the same. (d) Infects, llcns, pneutubrnnms, adverse chins ngnhtst the title rs insnnvi or other mnttere (I) created, suffered, assumed, or agreed to by- the Insured fit the date of this policy, or 1211 kuuwn to the Insured at the date of olds policy unless ills. closure Ifiereof in urithhg by the Insured slutll have bpefh made to the Cotnp;uty luiur to the dnte of this policy-; or loss or dammge which xvould not have been sustained if the Insurvl were a purchaser for vnl,,: without knowledge; or the h home+tcad or community property ur suriliurshlp rights, If any, of any spouse of any Ilsural. 3. Defense of Actions (n) In nil cases inhere this poli,.c proxldes for the defense of any actlon or proceeding, the Insured shall secure to the Com- pany the right to so pnnide defvusr !n such action or proceeding, and all appeals therein, find penalt It to usenet Its option, the name of the Pisured for sit It purpose, whenever re;oestcd by the Company, the Insured shall give the Com. pany nli reasonably alit jr, tiny snch nellun or proceeding, In effecting settlemvnt, secpriug evidence, obinlnhhg witnesses, or defending such actou or pruceedlfg(b) The Company shnll hale the right to sal tut counsel of Its own cholce xvhcnever it Is required to defend any salt or pro- ceeding, and such ellllnsel shall have full control of sold defeusc. to Any notion taken by flip t'nnquuty far the defense of the Inswed or to estnhlish the title not Insured, or both, shall not be construed as on ndmtssion of Ilnblllty, will the Company shall not thereby be held to concede liability or waive nn." pro- vislon of this talky. 4. Payment of foss (a) No claim stri arise or he mnintninob,e under this potlcy for liability voluntarily nssumed by the Insured in settling any claim or suit without written consent 1f file COUJIMby. (b) All payments under this nollcy, except pnylr:nts made for costs, attorney rues and expenses, shill reduce the amount of the insurance pro tnnto; niii lhv auhount of :pis policy Will be reduced by any fiutount the Company fully pay under any policy insuring the validity or priority of any lien excepted to herein or nny instrument hereafter executed by the In- sured which is a chnrge or lien on the laud, and the ntuount so paid shall be decmcd a pay-urcot to the Insured under this policy. (c) Tip Company shall have the option to pay or settle or cm„nromi.sr for or In the name of the Insured tiny claim insured against h), t'iis policy, and such pnyntef.t or tender of poymvnt, together with nil coots, attorney fees and expenses which The Company Is obiigated hereunder to piny, shall lernhtio to nil Ilnblllty of the Cumptny livrennder as to such claim. Fur- ther, the payment or tender of payment of the full ntuount of this Itoliry by the Company Shall terminate all liability of the Company under this policy. (d) Whencver the Company shall have settled n claim under thls policy, all right of inbrogntion shall vrst In the Company unaffected by any not of the Insured, and it shall Ile sulrognted to and he entitled to fill rights and remakes of the In. sured against tiny licraon or property in respect to 1111111 dnlTA, The Insured, if requested by the Cowpony, shall trnnsfer to the Cunipany all rights and rcntedles ngalnst any p Isom or property necessnry In order to prrfcct such right of suhro- gntlon, and snail permR the Coutpnny to use the nnu.e cf the Insured in any trunsacdon or litigation !niching arch rights or remedies. S. "oller Entire Contract Any action, actions or rights of action flint the Insured may hnve, or cony bring, ngalnst the Company, arising out of the sir.- tus of the title fnsured hereunder, must he based on the prollsions of this policy, and all notices required to be given the Compnny, find any statement In writing required to he furnished the Company, shall be addressed to It at Its home office at 421 North Maln St., Santa Ana, Calilornio, or to the Office which Issued this policy. 6 This policy Is not transferable. • io A~ rf, "e c 0 ? D N ~ • V ZnZ ~ ~ ~~•jl ~r 0 ~C x N Z is p L ti~ ~ y •7 A• s -c ~o S r q~ . .1 a ~ A 96-WARRANTY DEED-With cimaal ud Corpo stiotl Arknowtedg rol. MARTIN Stetkwy Co., Jan" r~ ~I II THE STATE OF TEXAS COUNTY OF... DENTON_........•..........'. Know All Alen By These Presents: DEED MOftC?$ That Dorothy A. Wilkins Meyer and husband, Manuel F. Meyer E 2941G i I II' of the County of Denton , State of Texas for and in consideration of the sum of I~I ---------------Ten Thousand & N01100 ($10,000.00)------------- DOLLARS, i I I II l to them in hand paid by t`_.e City of Denton, Texas i r. l II III i ~ i i have Gra ed, Sold and Conveyed, and by tbcse presents do Grant, Sell and Convey unto the said City of Denton, Texas I~ of the County of Denton State of Texas all that certain I lot, tract or parcel of land lying al.-i being situated in the City and County of Denton, State of Texas, and being part of the B.S.A. i C.R.R. { Survey, Abstract No. 192, and also being part of a tract of land as con- veyed from R. J. Wilkins and wife, Avella Wilkins to Dorothy A. Wilkins Meyer and husband Manuel E. Meyer by deed dated August 17, 1111 and re- 1 corded in Volume 397, Page 449 of the Deed Records of Denton County, ii Texas, and more particularly described as follows: fI COMMENI^ING at the southeast corner of said tract, same being the inter- 1•I section of the north right of way line of Scripture Street with thc. west right of way line of Bonnie Brae Street; THENCE west along the south boundary line of .aid tract same being the north right of way line of Scripture Street a d pt,aT.ce of 129.06 feet j to the point of beginning! THENCE north 91' 151 west a distance of 15.60 feet to a point for a corner; THENCE north 120 341 west: a distance of 22.76 feet to the beginning of a curve to the right whose center lies north 711 301 east a dis- tance of 337.01 feet; THENCE northeasterly with the arc of a curve to the right whose cen- tral angle =360 301 and radius =337.U1 feet a distance of 214.69 feet ~I to a point for a corner in the north boundary line of said tract; ;31 6:15 Part 6991 j I! vet 915 fmc 700 !I THENCE west along the north boundary line of said tract a distance of 55 fee;, to the northwest corner of said tract; THENCE south along the west boundary line of said tract a distance of Ii 242 feet to the southwest corner of said tract, said point also lying in the north right of way line of Scripture Street; THENCE east along the south boundary line of said tract same being the north right of way line of Scripture Street a distance of 50.94 feet l to the place of beginning and containing 8176.65 square feet of land, more or less. 1 I I 1 I i i TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the laid City of Denton, Texas, its successor hMMnd assigns forever; and we do hereby bind ourselves,, our heirs, executors and administrators, to Warrant and Fcaever Defend all and singular the said premises unto the said City of Denton, Texaa, its successors j hpps and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness our hand at Denton, Texas this 0-.`7d day of September , A.D, 14 78 Witnesses at Request of Grantor I . DOROTF: WILKIN.S, EYER .J.1.7......................_............._.. MANUEL F. MEYER , a fl ( ACK\'O'K"LEDCMr-NT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF D_ENTON. . . y pared Dorothy A. Wilkins Meyer and_Manu I' in and for sdd County, this da on ........Y personals a I j l @)r..... Texas, .........F s . a el . I io me to . be the . person .....S.wbose names are known b subscribed to the foregoing instrument, and acknoa4edged to me that 'H .......he_y-e LRdDE far the purposes and consideration therein exprxs £NEN lT4f~'sAAND AND SEAL OF OFFICE , This _.......t~.(.. dasJof......,S .,ptefl} r A, Dig 7$ . ' Notary Public Denton........... ..,....,.....,........County, Teas ! ' My Commission Expires Junr ACKNOIALEDOAIENT THE STATE OF TEXAS, I ~ BEFORE ME, the undersigned authority, ~ COUNTY OF............... in and fir said County, Texan, on mu day personally appeared i known to me to be the person whose name........ ..................subscribed to the foregoin, instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. ~I! GIVEN UNDER bLY HAND AND SEAL OF OFFICE, Ibis- ........................_.._day ul..... , A. D. 19.............. I E cL. s.f Notary Public, ...........................................................County, Texas My Commission Expires June. 19.......... CORPORATION ACKNO'A LEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF In and for aald County, Texas, on this day personally appeared known to me to be the person and 0'9Ker whose name is subscribed to the foregoing instrument And acknowledged to me that the same was the act of the said_ _ ■ corlor,tion, and that be executed the same as the act of such corporation for the purposes and consideration therein expresses, and In the apadty therein stated. OMEN VNDER MY HAND AND SEAL OF OFFICE, This ...............................day of A. D. W......... (L. S.) Notary Public,..... .............._...._........_....................................County, Tens My Commsslon Expires June f9.......... THE STATE OF TEXAS, I . COUNTY OF.... County Clerk of the County Court of m1d County, (In ier-by certify that the foregoing Instrument of writing dated on the ~i day of..., Air 0.Kith its 1'e1e:Fcate of Authentication, was filed foe record in my office n day of A .D. in , at o'clo bi., and was duly recorded this li on -t-l' day of t. U. 0 n"I k M . In the Rmorda of eald County, in Y01. 51111E55 r,v hand and .:tit of the ,uld), at my office In. 11,3 and ~etr 1%;t above Krlttrin i ~ I I' It c.. tl~.. Ikputy, + .,.f'Lpgsc i o ~ s a g m c5p W ~ Nm f N I I, Pdsi o a ~I C3 I' ail Zi IFS' i O V `III ❑ ; ~ ~ i b o I i ' ~ ►'1 ° 40a !N F•,3 ' Nq 6' ' k til :K C < C l I j a 1 i f ( I~ to ~i I II i ~i I ~ I~ P • I' j { j pI 0 i ~I ~i THE STATE OF TEXAS COUNc'.' OF DENTON -'MW PLL '+EN BY THESE PRESENTS: ~EED REC+ORp$ . Vol 916 PAGE 22 THAT WE, Y TEPCO CORPORATION 29570 for and in consideration of the sum of one dollar ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texa the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct, reconstruct and perpetually maintain a sewer line and appurtenances in, upon and across the following described tract of land, said tract being a strip of land 20 feet in width a'd 207.7 _ _ feet in length, anc the centerline being more particularly described as follows: The centerline of a sewer line easement crossing a tract or parcel of land situated in the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas. Conveyed to Tepco Corporation by certain Deeds of Record as described in Volume 750, Page 859, Deed Records of Denton County, Texas. BEGINNING at a point on the Southern property line of the said Tepco Tract, the same being a common property line with the H. M. Pitner tract, said point bearing Westward from the Southeast Woperty corner of the said Tepco tract, a distance of 195 feet, more or less, to a point of beginning of said easement; THENCE: N 47°25'30" W, a distance of 6.0 feet, more or less, to a point; THENCE: N 69°44'30" W, a distance of 201.7 feet, more or less, to a point on the West property line of said tract, to end of easement. Said lenclth of easement being 207.7 feet, more or less, measured along the centerline of said easement. TO HAVE AND TO FOLD, all and singular, the privileges aforesaid to it, the said City of Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and d11 times to enter said premises or any part thereof, for the purpose of constructing, reconstructing and perpetually maintaining said sewer line together with necessary appur- tenances, and for making connections therewith; all upon the conditici that the City of Denton, Texas, will never construct any such sewer line above plow depth, and that the City of Denton, Texas, will at all times, after doing any work in connection with the construction, reconstruction or repair of said sewer line restore said pre.oses as nearly as possible to the condi- tion in which same were found before such work was undertaken, including repair of all feces that might be disturbed or dailagf.d in performing said work, and further upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas will riot create a nuisance ur do any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas for any other pur- pose, under this grant, except as herein provided. Provided, however, that for the purpose of initially constructing the sewer line and appurtenances above described, and during such initial construction only, the City of Den- ton, Texas, and its agents, shall have the right and privilege to enter upon and use for such initial construction purposes a strip of land 60 feet in width and 207_' feet in length, more or less, said centerline is more particularly described above, upon the condition that the City of Denton, Texas, and its agents, will restore said promises as nearly as possible to the condition in which same were found before such initial construction work was undertaken, including repair of all fences that might be disturbed or dam-. aged in performin7 said initial construction work. WITNESS OUR HANDS this day o 1978. Tepco Ci)rporation i VOL 916 mt 23 1 ti v CORPORATION ACKNOWLEDGMENT THE STATE OF TE.2i,~,, E COUNTY OF Tarre,nt f,AGr 24 BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Ted C. Peters known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Tepco 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 HAND AND SEAL OF OFFICE, this the .1 day of,4pj, A.D. 19 7Y (C.S. } Notary ub1 c in and for County, Texas 4 C~ R, ~ ~ y~ a v q 0 . , . ~ h FILED H z 7d :11 ~ H Q d. ,-m 1~ O~ ~v ~(D) too p ur-i VI I~ 3'C p:a awryon a41 u1 paplol -el fl '41 p`a nw IV ..oing p)Qwals awy pul @I 141 ua p I1 PA 1 wnq n s141 I NI Rpva» Agaj/y TA; 'fluno0 uolui0 A8310 A1N1103 WINN ID AIMP00 SYM 40 u i I ~ THE STATE OF TEXAS + COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Colson, Inc. DEED REWROS ofDenton County, Texas , In consideration of the um of A5n One Dollar ($1,00) ------------------and other good and valuable consideration ' k in hand paid by the City of Denton, Texas receipt of which Is hereby acknowledged, do by I these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage In, along, upon and across the L)llowing described property, owned b-i it . Situated in Denton County, Texas, in the J. McGowan Survey, Abstract No. 797 All thati- certain lot, tract or parcel of land lying and being situated in the Cite and County of Denton, State of Texas, and being part of the J, McGowan survey, abstract no. 797, and being part of lot no. 3, block 1, of the ~.W. Erwin Addition, an addition to the City/County of Denton, and als being, part of a tract of land as conveyed from William S. Cogville, Inc, t ColFo n, Inc. by deed dated July 9, 1976 and recorded in Volume 794, Page 177 of the Deed Records of Denton County, Texas, and more particularly des- cribed as follows: CCsMENCING at the Southeast corner of said tract, same being L,:e Southeast corner of lot 3, block 1 of the Erwin Addition; THENCE North 0°22' East along the East boundary line of said tract a dis- tance of 87.62 feet to the point of beginning; THENCE South 47°26'30" West a distance of 79.60 feet to a point for a cor- ner; THENCE North 42°3j'30" West a distance of 16 feet to a point for a corner; THENCE North 47°26'30" East a distance of 94.11 feet to a point for a cor- ner in the East boundary line of said tract; THENCE South 0°22' West along the Eaet boundary line of said tract a dis- tance of 21.60 feet to the place of beginning and containing 1389.63 square feet of land more or less. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually main- taining public utilities in, along, upon and across aa:d premises, with the right and privilege at ail times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, Improvements on and repairs to the said public utilities 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. Wktness ; my hand , this the / J'- i day of A. D.19 78. i OjdStkOLT, CITY SECRETARY voi 914 Pw 349. n~~ PAGE 35010 SINGLE ACKNOWLEDGMENT Vol i1 THE STATE OF TEXAS] RF;F'ORE ME, the underOgned authority, (AUNTY OF DENTON .....4 Colson Inc. in and for Bald County, Texas, on this day pcrsnnaliy appcarcd known 'to me to be the person whose name _ 14 subscribed to the fozesoing instrument, and acknowledge.; to me that(... het - zxecuted the same for the purposes and consideration therein r Md. , ~ i GIVEN UNDER MY HAND AND SEA'. OF OFFICE, This ,i., ."~y of_~GC' lei, A.D. 19 7.8 Notary Public, D~. tOn---.-. _ County, Texas My Commisslon E)pires-Ze 1, 19 SINGLE ACKNOWLEDGMENT THE STATE OF TEAS, I BEFORE ME, the underelLned authority, COUNTY OF to and for said County, Texas, on this day personally appeared known tome to be the person whose name subscrib, d to the foregoing instrument, and acknowledged to me that . he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. to Notary Public, . County, Texas Ale (nmmisslon F.xplres June 1, 19 CORPORAVON ACKNOWLEDGMENT THE STATE OF TEXAS, ` BEFORE ME, the undersigned outhurity, COUNTY OF f in end for said County, Texas, on this day personally appeared known to me to he the person and rfracr whose name is subscribed to the foregoing instrument and acknowledged to me that the earne was the set of th^_ said a corporation, and that he executed the same es the act of such corporation for the pm•pnros and consideration therein expressed, and in tho , ,pacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE, This . day of A. 1). 10 (I . Notary Public, . County, Texas 91"t It My Commission Expires June 1, 19_ -0 1 1- gg % CLERK'S CERTIFICATE THE STA ' AO e~ ~A _ County COUNTY OFD Clerk of the Iri~ty(~° ourt ~L* uy„'do hereby certify that the foregoing Instrument of writing d:d:d on .no N .~g, ~ ~ dnX,kof~~l.....- , A. D. to , with Its Certificate of Autl,entication, was filed for %S. I record In m oMg¢ e.. A. D. 19 At o'clock M., and duly $ A. D. 19, At o'clock M., in the recorded thi~~ > ay (tGt... %0 Records of said County, in Volume on pages 1VITNLSS ,IY~ C A~ AE11110 V )UNITY COURT of said County, at efllce In ...............g _..t) day and year last Above wr,Yen .x County Clerk ....County, Texas. (L 3.) By Deputy. e+ H n Wrs p~ ai Mt a 0 0 S EP X22'M It- 231 s 3 w i I ?s y!l i YoyE p VFFiii ~ ~ J 4 0 VOL 914 FACE 368 THE STATE OF TEXAS Q KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENT6N E DEED RECORDS THAT WE, SHERMAN BYRD AND WIFE, PEARLEAN BY~D for and in consideration of the sum of one dollar 28577 ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowle.:ged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct, reconstruct and perpetually maintaii a sewer line ani appurtenances in, upon and across the following described tract of land, said tract being a strip of land _ 20 feet in width and 300 feet in length, and the centerline being more particularly described as follows: The centerline of a sewer line easement crossing a tract or parcel of land situated in the Hiram Sisco Survey, Abstract No. 1184, Denton County, Texas, conveyed to Sherman Byrd and wife, Pearlean Byrd by certain Deeds of Record as described in Volume 375, Page 557, and Volume 511, Page 90, Deed Reco•ds of Denton County, Texas. Beginning at Lhe Northwest corner of the said Byrd Tract, the same being the Northeast corner of the adjoining Jasper Kuykerdall Tract, Thence, S 741115'3011 E, along the Northern boundary of said Byrd Tract, and the Southern boundary of Pecan Creek, a distance of 175 feet, more or less, to a POINT OF BEGINNING of said sewer line easement; Thence: S 15°43' W, a distance of 300 feet, more or less, to a point on the South boundary line of said Byrd Tract, to end of easement. Said length of easement being 300 feet, more or less, m-asured along the centerline of said easement. TO HAVE AND 10 HOLD, all and singular, the privileges aforesaid to it, the said City of Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and all times to enter said premises or any part thereof, for the purpose of constructing, reconstructing and perpetually maintaining said sewer line together with necessary appur- tenances, and for making connections therewith; all upon t1a condition that the City of Denton, Texas, will never construct any such sewer line above plow depth, and that the City of Denton, Texas, will at all times, after doing VOL 914 FACE 369 . VOL 914 FAGE 3 I U any work in connection with the construction, reconstruction or repair of said sewer line restore said premises as nearly as possible to the condi- tion in which same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in performing said work, and further upon the condition, that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas will not create a nuisan:e or do any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas for any other pur- pose, under this grant, except as herein provided. Provided, however, that for the purpose of initially constructing the sewer line and appurtenances above described, and during such initial construction only, the City of Den- ton, Texas, and its agents, shall have the right and privilege to enter upon and use for such initial construction purposes a strip of land 60 feet in width and 300__ feet in length, more or less, said centerline is more particularly described above, upon the condition that the City of Denton, Texas, and its agents, will restore said premises is nearly as possible to the condition in which same were found before such initial construction work was undertaken, including repair of all fences that might be disturbed or dam- aged in performing said initial construction work. NIT~NESS OUR HANDS this / day of A.O., 1978. .e n4 -e -7)-; 0jj1_t-2AFef a~7 •r~d Cos / To p/~oA ,4 ° 2 ,ro P 8 -r y F T f ~r 7d m. ~,d i e- THE STATE OF TEXAS j COUNTY OF DENTON • BEFORE ME, the undersigned authority, a Notary Public in and for Denton County, Texas, on this ;lay personally appeared, Sherman Byrd, , e, SM known to me to be the persona whose names aye subscribed to the foregoing instrument and acknowledged to me that they each executed the same for the purposes and consideration therein expresses, and the said Pearlean Byrd, wife of the said Shen,an Byrd, having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said Pearlean Byrd acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the purposes and consideration therein expresses and that she did not wish to retract it. WITNESS MY HAND AND SEAL OF OFFICE this j~~,~5?ay of A.D. 1978. otary Pub i in and for Denton C nty, Texas rr t a VOI 914 PAGE 371 * MTO z -i m r,! z Co i * n z ri OU IOn r 16~Q aG o ^r L~ Go • NC Gt r ! n. r 4Cl 914 PAGE 72 Tlu; STATj', C11 TEXAS IZELBA81i & SATISFACTION OF LIEN COUNTY OF DI:t'I'O:4 J( DEED RECORDS 28394 by an iiistrtimc,nL bated the ^.L_ day of 1978, the City of D:-:ton, Texas:, filed for record in the officC of the County Clerk, Denton Coxant.y, Y,, xav, o lien against crrtain real properLy ownucl, CoaLfo:cled, or possessed by __Tom T for a IlC1 d .'tcr 1l.~eC1 tt ~i fol low.'; ADDM_ : 535 Wainwright hB:Gi,i, r . ad: H. Cisco Survey #1184, Lot 13, Blk. 1, J. F. Bell Addition NoLlcc o.f. s,l:icCl lien was filet? in the office of the County Clerk of Denton County, 'ic):d1i and entered in Voliinw 888_, Page 907 of the Licil RCCOrC1S of Den Lon CUUllty, Texas. This lien has been Frilly satisfied, r-c:lcasod, and discharged. 'I'hcr.cic,Le, the City of Denton hereby relimlizisho.- the lien, and the C:ou,Ly Clerk is hereby aut-.horired And inst.r.uctcecl to record t1li.:; rclinqu.ishracnL and satisfaction as provided by law. 5iync.l thi-s the 22 clay of September 1978 CITY OF D ; TU TEXAS 11Y SWORN TO AND SMI;;CRTB13D 131,f'ORL Tilt, Unclor my official hand m1c3 seal of ,office, this the __22__day of. September 19 78 NV' MtY PUBLIC 114 AND FOR 1)Ii11''UN COIIN'1'Y, 'i"VIS, ri; ssion expires' the day of .-August-_ 1980 N 1 ' I e rf r Q • r~1. Si 7 o \ J 1 J eT ` G_~ tr '•1 1 N V -0 : 6v \ "r 47 Coo J o co CO VOL 914 pncF I • lv~~ 91~! ;.,VE 7111: STA', TEXAS X RELEASE & SAT ISIPACTIU`I Ol' LIEU COUNTY U' Dk'NTON X ucEU RECORDS 28196 13y e:', inst.ruraent elated the T23 day of May , 1978, the City of Texas, filed for record in t11e office of the County C:[crk, Don'Lou Coulity, Texa;:, a lien againsL certain real property o: ncd, cont.r,A-led, cr possessed by Willie Mae Champion , -Intl dc~;,cr_.:,cl .zs fol?ct-;,,. - 1106 East Oak Street LLM T, Lot 13, Blk, 3, Solomon Hill 3rd. Addn. c NoL.i.cc of > rl lien 1"as filed in khc office of. the county Clerk of Denton County, Tcyas -end criLercd in Voluric 892 Page 708 of the Licn Records of. Dc,nL•on County, Texas. - This lien haes been fully sat.islicd, releascd, and discharged. Therefore, the City of Denton hereby relinquishes the lien, and the County Clerk is hereby authorized and instructed to record this relinquishoont and satisfaction as provided by law. Si(Ined this the T 22 day of _ September 19 78 . CITY 010 )li )N, TEXAS 13Y 1 SWORN TO AND SU1311C•RISE'D D1?,FORI 14[:, under n}y official hanrl and seal of „office, this the 22 day of September _Y V_ , 19 78 NOTARY PUIII,IC 'Ild 111Ji? 1.011t 1 DI'NTON CUCINTY, YMAS 1 bl _'iise,io:3 exiAres the 9 clay of August 1980 _ Q¢b ~ ~a40 coo, r. 4 g ° ~A os o lilt o" ca CO A37~ y s %~IMA G 4 C 7 " GJ O y, N Y BFI N CCC z cj S_ 00 1 N c7 VOL 914 EacE 57 s VOL 9A }'ACF 66 `19I1; STATE CT TEXAS X RliLIJAS1, & SATISPACTJUN OF LIEN CUUtd`1'Y Ur D1:N4'ON X DEED REWRW 28391 By an instrument dated the 1 day of May , 1978, the City of D ,ton, 'T'exas, filed for record in the office of the County Clerk, Denton County, Texas, a lien against- certain 3.eal property owned, controlled, or possessed by Lorene Shgpkard Darrow and dcscrit d as follolr:: ADD??_.S: 1007 East Sycamore Ll;ca., DESCRIPTION H. Cisco 1184, 100 x 150, east from Bradshaw Notice of said lien t,as filed in the office of thr County Clerk of Denton County, Texas and entered in Volume 888--, 895 of the Lien Records of Denton County, Texas. This lien has been fully satisfied, released, and discharged. Therefore, the City of Denton hereby relinquishes the lien, and the County Clerk is hereby author-i%ed and instructed to record this relinquishment and satisfaction ,,s provided by late. Signed this the ~22 day of September 19 78 CITY OF D' ON, TEXAS BY. 1~ C. SWORN TO AND SUBSCRIBED BEFORE ME, under my official hand and s,ceai•Qf office, this the 22 day of. September r 19 78 NOTARY PUBLIC IN AND FOR DENTON COUNTY, TEXAS r''"ty CG-~ission expires the _9 day of August 1980. w~ e a~ ~ g res. ~ ? ~ ~ ¢ `fit( N ~ F V Fit -O E ~ N Cj. s JK "q 5; o w rn .1 l-< N p ro • ~ N r = 00 W o tvo~ 914 ~bc~ 67 VOL 914 FAGS ss . . T111; STATt~ 07' TEXAS REI,LASE & SATISl'ACTION OF LIL;N COUNTY 0:' Ui:NQTON~ X _ DEED RECORDS 11), ar. insl-xument dated the: 1 clay of May , 1978, the City of Dc:.ton, Texas, filed for record in the oi'.fio(of the Comity %:lcrk, Uo::'_nn County, Texa,;, a lien again:;t certain real prol)crty owned, contro_lccl, or possc:;sed by Pearl C. Hansel , and dc:;cril,:xl as folloots; ADDR.i , 5 : 104 Collins LEGAL DvsCnlpiloq: A. Hill 623, '~70 ft. S. from Johnson, 62.5' x 174' Not.i.ce of saki lien vas fil.c:d .in the office of the County Clerk of Denton County, Texas and crrtererl in Voluir,e 888, Rage 899 of the Lien Records of Dezlton County, Texas. This lien has been fully ;;at.islic~d, released, and discharged. Therefore, the City of Denton hereby relinquishes the lien, and 1 the County Clerk, iU hereby authorized and instructcd to record this \ relinquishraent arid satisfaction as provided by law. S.icjncd this the 22 day of _September_- - , 19 78 CITY OF DI' r N 11; A 11Y: SWORN To AND SUBSCRI1311.D 1SLFolu! 11LI, under my official hand and scat o.;,,of.. ce, this; the. _ 22 ^day of ^ September 19 78 NOTARY PUBLIC I14 IJ7D FOR WINTON COUNTY, TEXAS My' fission expire:, the r..-g day of _August 1980 f $ ~ r `gs 8yp$y PpH ! P r~ Li J~ Aj. r C) i r'nO C1 00 1-4 C) i Vol 914 fAcE 69 . O 11DL THE :i7~A'lH'1~ C1:' ~A'I)CA fi 914 PAGE 52 RELEASE, SATISPACTiM OF LIEN COUNTY O?' DENTO;] DEED RECORDS 28384 By inst-rumrcnL elated the 23_. day of May_ , 19 78, the City of I' ;.foal, 'a'csxas, f.iioil for reorcl in the office of: the County Clerk, Denton County, a lien agaiiisL cer.Lain real prop~rLy otancd, r.o7trcil0.r], or to:aes cd by and dcscrib_c as follotas: ADDR'E_ Z : 620 Railroad LEGAL p?;SCRII''i':IUN: BBB & CRR 185, Lot 7, 81k. 1, Frank Addn. Notice of said lien taas filecl in the office of the County Clerk of. Denton County, Texas; a11d ent:cred in Volume 892 , Page 719 of the Lic;I Records of Denton County, Texas. This lien has boon fully satisfied, r.eleasod, and clischarged. Therefore, the City of Denton hereby relinquishes the lien, and the County Clerk is hereby authorized and insLructed to record this relinquishment and soiti sfacLion as proviclecl by larr. Signecl this the .-22 clav of September 19 78 . CITY OF N' ON TEE s BY: SWORN TO AI11) SUBSCRIBED IsLFORi, ME, unclar any official hancl and Mehl of office, this the. -2-2-clay of. September 1978 l4tet z"a.l 140TA111Y PURTAC S.14 AND D2 MAP] COUNTY, TEXAS tIy ~E,i0,1 C>:rprirr.: the 9Y day of: August_..__.____., 1980 t . `~"n Cob R.~S ~ ~ r,~ ~ t• u 44 u r G1 ~ A ly cn 91 ~ N .,t. N ,o N ~ ? 00 00 °a 1 IYOI 914 FAGt 53 VOL 914 FATE sz THE STATE CW TEXAS X DEED RECORDS COUNTY RELEASE & -.SATISL~ACTSON OF LIEN U:' DIaJ''ON X - 283H9 By an instrument dated the 12 day of June , 1978" the City of D nton, Texas, filed for record in the office of the County L'l.erh, Denton County, T'e}:a,,, a lien against certain real property ownecl, Controlled, or possussecl by John C. Punch , and descr=: ed a follo'as: ADOSs: 721 Alexander LEGAL DESCRIPTION: S. of William St., S.C. Hiram Surv. #616, Deed 48.75 x 82 Notice of said lien v"'ls filed in the office of the County Clerk of Dcnton County, Texas and entered in Volume 895 , Page 288 of the mien Rccorcls of Denton County, Texas. This lien has boon fully satisfied, released, and discharged. Therefore, the City of Denton hereby relinquishes the lien, and the County Clerk is hereby authorized and instructed to record this relinquishraenL- and satisfaction as provided by law. Signed this the 22 clay of September 19 78 , CITY OF ON TEXAS 13Y: SWORN TO AND SUBSCRIBED DECORF, ME, under T.ey official hand and seal of office:, this the 22 day of September __19 78 NOTARY PUBLIC IN AND FOR M1`NTON COUNTY, 'PPXAS *My C:. _nission expires the g clay of 1980 I `e J ^ C 3 p ~~n ' ~0 3333~~~~00~~ A aJ j 1, ;nf N ;x QO 00 C~y ° W N root 914. ~ncE 63 voi 914 fAcE 60 TIIIi S'PATJ 0:' `I'IIXAh ; X RELEASE & SATfSPACTJ0'd 01' LIEN COUN'.L'Y 01.' DEN1110N X DEED RECORDO ` 841388 By ar instrument dated the 12. day of June , 1978_, the L'iL•y of Dc nton, Toxa:,, filed for reord in the ooffice cf the Colairty Clerk, De:,-'-on County, Texas, a lien etgainst certain real property oimed, controlled, or posse:;sed by Grady McEuin , and dcscrik, d as f.ollo•,'s: ADDI? S : 720 Wainwright LEGAL DES,-"RIP '-PIOid: Wm. Loving Surv. #759, Pt. Lot 7, Blk. B, Blount Addn. Noticc oi: said lien %,as filed in the office of the County Clerk of Denton County, Texe.s and entered in Volums 895 , Page 284 of the Lien ]records of Denton Couni.y, Texas. ^'T This licit has been fully satisfied, released, and dischargecl. Therefore, the City of Denton hereby relinquishos the lien, and the County Clerk is hereby authorized and instructed to record this rclinquishnent and satisf.iction as provided by late. Signed this tho -22_ clay of _September y!4 19 78 CITY OF DT. 0N, ' EM 11y: SVIORN TO AND SUIISCRIDED BEVORE 11L, uncler riy official hand and seal of.,ok.f.1ce, this the 22 day of _ _ September-_-,-__, 1978 t J , t NOTARY PUBLIC IN ANN F'O'R DI:NTON COUNTY, TEX11S 1Iy"r`:' .pis::ion expires the _ 9 clay of August ~Y 19 80 f eg3' ~ C o ~ qq ter 1~P ~m 57~ CS I --4 41 i co h;ter u W \ t u C3 00 00 d tvo~ 914 DACE F1 'PII1; STATi: 1,TXAS X YOt 91.4 PAGE 10 RB1.l;ASF & MTISFAC`i Y N Ol' LIEN COUNTY a~:I 1)1;wco r X DEED RECORDS 28443193 By an instrument dated the 1 day of May_~ , 1978, the City of ll_:,tar., Texas, filed for record in the office of the County C.lcrk, Dc n'_-3:i Uw.nty, Tcy:as, a lien against curtain real property 01-MCC1, c;;:;troli ccl, or passcr;sed by - Lester and dec r_lad as follows: T_ ADDRL'7 929 Collins LEGAL DESCRIPTION: E. Puchalski #996, Lot 1, Blk. 6, Hillside Addn. No Lice of saki lic'ii wa-o filed in the office of the County Clerk of Donlon Comity, Zcxac and entered in Voluiio e88-, Page 901 of the Lien Records of. Denton County, Texas. 'this lien has been fully satisfied, relca:,cd, and discharged. Therefore, the City of Denton horcby rolinquish(-,s the lion, and the County Clerk is hereby auLhorized and instructed to record this relinquishment and satisfaction as provided by 1arr. Signed this the -22- clay of. September _^TT, 1978 . CITY OF DENTO 2'F S 13Y SWORN TO AND SUBSC10.111-D BEVORE IV,, uricler ray off.ici,al hand and seal o,L-•ofF:ice, this the 22 day of. S tember , 19 78 NOTARY PUBLIC IN ANI)I'm 1 f 1)1,"14TON COUNTY, TEXAS N ~-.-_lnisfli.on exp.i.rec; the ,9 clay or August- 1980. t t i 3 3 n e e~.w1 v ~S 1~ A l~g -10 N ~ 3 gs al • rip !o c. N N iU ►vo~ 914 ME 71 vol. 914 ME 64 '1'111; STATi: 0:' ,'I'k;XAS X REf,EASE & SA'1'1 1 ACTION OF LIEN C0111ITY OP DEN'1'Oi1 X - - _ DEED RECORDS 28390 13y E:ri instr.ur ent dated the 12 day of June , 1978 , the City of G_,:,.ton, 'Pews, filed for record in the office of the County Clerk, Der:ton County, 51exa:;, a lien agairesL. certa.i.n real. Property owned , con _rollcd , or possc::scd by H. W. Lantrip , and clcr::c ?1 ;1 as f.o?_l.o-.;:s: ADMD c s : 721 South Locust LEGAL MISC1tII'5'roN: Pt. Lot 7, 81k. B, Blount Addition 16 x 24, 2 st,ry bldg. NV NoLico of lien vc s filed in the office of the County Clerk: of Denton County, and entered in Volxir,! 895 , rage 292 of the Licn ltecorcle, o° DenLorc County, Texa:;. I'his lien k;as been fully satisEicd, rel.en;;ed, and dischardcd. '.therefore, the City of Denton herchy relisxluishcs the lien, and the County Clerk i_; hcrehy authorized and ilisLruct.ed to record this relinquislis,lent and satisfaction as provided by law. Sicjric:d this the 22--._ d: of `September 19. 78, CITY OF D1i1d 'ON TEMAS 13Y S6JORN TO AND SU13SCk[13L D BEFORE f13.;, under r;y otfi.cia, hand and seal of offi.co, thi.t; the 22 day of ._Septembgr.19 78_• K TA1:Y 1'U3I,IC IN Atli) 1110,q DMITON COUNTY, TEXAS, cu:L,.ires L1ic _-9._ clay of _ AU9u3S - 1980 r ~ f s8 R ~ a 4.q 7.4 9M lit VOL 914 tbc~ 65 : VOL 914 PAu 58 ' THE STATI 01' 'iTSXAS' X RELEASE & SATIgFAC`i'ION 0? LIEN COUNTY C? D11VTON X DEED RECORDS By a:: in.`;LruTnent dated the 12 day of June-- 1,978, the City of 1~:nton, Texas, filed for record i1L the ofic: of the County Clerk, Denton County, Texas, a lien against certain real property owned, contLrolled, or possessed by Geneva Harlow and elc"crit,_cl as follows: 28 3 S 7 AnDh _s ; 1002 Eagle LF;cAI 11ESC]<II'r7o:V: E. Puchalski #996, E. 1/2 Lot 11, B1k. 7, College Addition I NoL.ice of said lien vas filed in the office of the County Cllerk of Denton County, Texas aricl entered in Volume 895, Page 280 of the Lich Records of DcnL-on County, Toxiis;. T1Tin lien has been fully sati~,E.i.ed, released, and discharyeci. r " Therefore, the City of Denton hereby relinquishcs the lien, and the County Clerk is hcr.cby authorized and instxucled to record this rel.inquishmont and :satisfaction as provided bN• laar. Signcd this the 22 day of _ September , 19 78. CITY OF Dl.. ON E Q BY-4 I S{FORN TO AND 5[JU5CRI1311.1) FfEFOItL. MP,, under rTy official hand and seal of Office, this the 22__ day of _S eatember 19 78 - 11 NOTARY PUBLIC IN AND FOR DENTON COUNTY, TEXAS 19 80 , I..,y fission expi.r.es the 9 day of August o l O a ^a 7 p jl.y t.; Q~.1 N3 00 - 00 CD i VOL 914 PA&F 59 . VOL 914 MACE 54 'fill: STATE OF TEXAS X RU EA"I: & ,SATMT.'ACTION OI' LI'•,N COUNTY 0 DEN'T'ON J( DEED RECORDS 28385 By en instrument dated the 1 clay of May , 19 78, the CiLy of D_ntrm, Texas, filed for record in the office of the County Clerk, Denton County, Texas, a lien against certain real property owned, controlled, or possessed by Huey P. Mitchell , and clescr;hed as follow.;: - ADUt:;as: 717 Cook LEGAL DESCRIPTION: A. Hill Survey #623, 713 & 717 Cook, W. 100 Ft. of Lot 1, Blk. 6, Robertson Addn. Notice of said lien rras filed in the office of the County Clerk of Denton County, Texas and entered in Volum-• 888 Page 906 of the Lien Records of Denton County, Texas. T'iiis lien has been ;sully satisfied, released, and discharged. Therefore, the City of Denton hereby relinquishes the lien, and the County Clerk is hereby authorized and instructed to recw:d this relinquishment and satisfaction as provided by .law. Signed this thc: 22 clay oj- September 19 78 CITY Or E N, EXAS BY: SWORN TO AND SUBSCRIB} f) BEFORE ME, under my official }land and seal of office, this tho 22 day of September 19 78.,. v NOTARY PUBLIC IN AND FOR DbNTON COUN'T'Y, TEXAS t•iy C:,-.omission expires the 9 _ clay of august ~w__ 1980 60 0* -b f e. hJ 00 W U ~ VOL 9i4 FACE 5'~ k_ . x ' y Y R AGREEMENT ;,tl THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X 4. THAT WHEREAS, Bob Jones is the developer of certain property s, consisting of a 10.52 acre tract out of the O.S. Brewster Survey, Abstract A-56, in the City of Denton, Denton County, Texas, and r~ which contains a sewage lift station; and WHEREAS, Bob Jones is desirous of dedicating the sewage lift station to the City of Denton and the City is willing to accept such dedication; ? NOW THEREFORE, THIS AGREEMENT, made this day of September, .;t 19781 by and between Bob Jones, hereinafter called "Jones", and the a; , I 1;r City of Denton, Texas, a Home Rule Municipal Corporation of the State ¢ of Texas, hereinafter called "City"; WITNESSETH: 1. Jones will completely remove, clean and reinstall the pumps in the sewage lift station, make sure the station is completely in- stalled, and warrant the parts and operation of the station for a period of one (1) year. 2. City will maintain the station from the date of this agreement, and will be completely responsible for the sewage lift station after September „Ia. , 1979. IN WITNESS WHERE'?, this instrument is executed in duplicate originals this the.,T. day of September, A.D. 1978. CIT ENT XAS ATTEST, BROOKS HOLT, CITY S CRETARY DEVELOPE BOB JONES a w. . ~ t° ~Q g ~ I r ~ T I <_,a ~ R° ~I , f~: PART.K,IPATION AGREE'PIE:NT THE STATE 01 TEXAS X COUNTY OF DENTON X EN011 AL'L 14EN BY TIIESE PRESENTS- THAT WHEREAS, BOB JONES is the developer of certain property shown on the attached plat, which plat is incorporated herein as if set forth in full,- in the City of Denton, Denton County, Texas, and desires to serve such property with offsite water main facil- ities; and WHEREAS, the City of Denton desires that such offsite water facilities be oversized and the City will participate in the addi- tional cost of the oversized facilities pursuant to the provisions of Section 25-74 of the Code of Ordinances of the City of Denton, Texa s ; NOW, THEREFORE, THIS AGREEMENT, made this the, day of September,, 1978, by and between Bob Jones, hereinafter called "Deve- loper" , and the City of Der con, Texas, a Home Rule Municipal Cor- poration of the State of Texas, hereinafter called "City"; WITNESSETI: 1. The Developer will install, by contract or otherwise, water lines and appurtenances to serve the property described on the attached plat in accordance with all City of Denton ordinances, rules, regulations, policies and procedures. The said water facil- ities shall be located as shown on the attached maps which are made a part hereof for all intents and purposes. 2. The City's share of the estimated cost of said water main facilities is $3,099.00. Upon completion of construction and acceptance by the City of said water main facility, the actual coat of the City's participation in said facilities shall be determined and certified to by the Director of Utilities and hAn certificate setting out tho City'o cost of said facilities Hhall be attached hereto and made a part hereof. • i 3. The City shell pay for its share of the facilities with- in thirty (30) days from the date of acceptance of the facilities, or under such terms and conditions that are mutually acceptable to the parties. 4. Title to said water main facility is hereby and shall at all times be vested in the City. 5. The Developer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or lia- bility of any kind, whatsoever, by reason of injury to property or third person occasioned by any act or omission, neglect or wrong- doing of Developer, its officers, agents, employees, invitees, con- tractors or other persons with regara to the performance of this contract, and Developer will, at its own cost and expense, defend and protect against any and all such claims and demands. IN WITNESS WHEREOF, this instrument is executed in triplicate originals this the day of September, A. D. 1978: CITY OF HTON, T XAS ss~ ATTEST : PROOKS MOLT, CITY SECRETARY CITY OF DENTON, TEXAS DEVELOPER I3Y I30B JONES ATTEST : PARTICIPATION AGI tZMENT - PAGS WO w i rt~ ~ ~ ~ ~D ~ , ~R tr ` 14 t ~ A + , t/ r~r r r'Y.' ,'gl Ir~.~ly4+y r , '1 . r I.._... .~•`~{~xv~•)•c~~L~~4:~u;~rm~.'T r..a :4_~l.;.Al.':: ~:as.~t 5..:a..w+ ,it Harris, Hall, Blanton & Dunham COMPANIES AFFORDING COVEGCGES P. O. Box 728 AFidelity & Guaranty Ins. Underwriters Sherman, Texas 75090 Inc,___-__ Baltt_imore,_dd. BUnited States Fidelity & Guaranty Co. Baltimore,_Md._ McAllister Vending Machine Service, Inc. D 617 S. Montgomery St. Sherman Texas '751 ,r111 TI 151s'i:C rt'; C'' 1 1 _ ;1s 11..t 1.r'•.n ,•.x_11 „r In 1,••!r-=,,aah j YJ •rc Inh 4 brvo - - - Limits of Liability In Thousm& 000) 1 6Ff.F -,14! Alf II $ 500. s ix X F E s 50. $ 51 S ] n r TMP 478642 .l-30-79 - -I _ _ - sl~~r I ] xxxicxxx~i xx~ 1 ~ r•,r, nr,1> o=rvro ] CI AUTOMOBILE LIABILII I III f s 100. SC + 300. A OTC 9445 9-30-79 r. r f s 50. EXCESS LIABILITY [rll ' ;r l P'i J i F VF,Itfi1A I IF Y E OTPA RI fN C1R11. fury LIORKER560aFENSATION 950--- A EMPLOY ER5'LlAEiLITY 2-18-3950-030335 4-23-79 1100. OTHER I C{SCRIPTION OF OPC RA T,UNS'IOrAnONS'rEH1CCt5 Vending Machine Service Cancellation: Si any of the above described pohcles be can, Filed betete the eAp;ratlon date thereof, the iSSUinR com- pany will endeavor to mail I days millen notice to the below named cerWICate holder, but failure to ,Nail such notice shall Irnpose no oblrgabon or babil-ty of any kind upon the company, I A No AP LMS5 or C IN 7 VrC ATE I DER OATC rSSUEO _Sept. . -30,__1979 City of Denton Service Center n Denton, Texas 76201 I1 _ ll.."'VVV TTT'' AVIIITIIQQOP"fl~ AFV~P [/G [th~t`A1 h~_ KUNO : 111 11 1i 1 ' . Sc~ \ ~ I~ e ~ ~S + a 0 'D $ CD ID 0 g° 2 .n rg ^ w z 8; L A p d 0 Pik g 7 {qo l d H F~ ty 3 ~ m $i D t~ v Q, C N Pf 0077 E m p ~0 R• ~ N CL o W a O m a m go m V g G M m; go 2p 0 0 n pp fT -4 pO 9 O S' m o i• . 1+ O x a N ~ V 'd o Q ~ CO • J n J ~ K ~ ~ c, ~ ~ ~ - Grp T Ft . ? y 1.~ I f ~ r (p _ ~ ' V f t l THE STATE OF TEXAS X CONTRACT & AGREEMENT COUNTY OF DENTON X This contract and agreement made and entered into on this the Z Gr k{ day of S E I'T E. 1~i? ER , 19780 by and between the City of Denton, Texas, hereinafter called "City", and the North Texas State University Institute of Applied Sciences, herein- after called "Institute". WHEREAS, the Institute has initiated a report and research for "A University Related Research Park" for the City of Denton, Texas; and WHEREAS, the City is desirous of the Institute going for- * ward with this project and to provide funds for doing sq; now, therefore, WITNESSETH: 1. That the City agrees to pay the sum of $10,000 to the Institute within ten (10) days of the execution of this contract for development work on a proposed research park. 2. The Institute agrees to perform the following in initi- ating the development work for Phase II as described in the Phase I report entitled "A University Related Research Park for Denton, Texas: A Feasibility Stud%r": a. organize a not-for-profit foundation b, initiate the planning process including an analysis of potential sites, market demand, financing, and management structure of the project c. conduct a search for a project coordinator d. organize general public participation to provide imput into the planning process. 3. Institute will furnish monthly progress reports to the City through its Research and Economic Development Board. 9. Additional funds may be provided by the City, but there is no obligation to provide such funds. The parties realize that the funds appropriated by the City under this contract may not be r enough to allow completion of all the tasks outlined in para- graph 2 above. 5. Institute will provide a detailed progress and final report to the City after expenditure of the $10,000, and such report will be separate and apart from the monthly progress reports. EXECUTED at Denton, Texas, on the day and year first above written. CITY OF DENTON, TEXAS BY : 8 MITCHELL, MAYOR V / ATTEST: B OOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS NORTH TEXAS STATE UNIVERSITY INSTITUTE OF APPLIED SCIENCES BY: _ WILLIAM H. G ZE -2- s N p. l C4 Lid, _ Ti l-E STATE O TE", S, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ' DEEO REM 09 THAT John Porter of Denton County, Texas , in consideration of the sum of i ------One Dollar ($1.00)------------------- and other good and valuable conWeF iiog in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free i and uninterrupted use, liberty and privilege of the passage in, along, upon and across the folIowing i described property, owned by him . Situated in Denton County, Texas, in the J. McGowan Survey, Abstract No. 797 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 J. McGowan surve,,, abstract no. 797, and also being part of a tract of land as conveyed from Robert Glen Nicholson and wife Jewell M. Nicholson to John Porter by deed dated May 27, 1966 and recorded in Volume 538, Page 538 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the northwest corner of svid tract, said point lying in the South right-of-way line of I.H. 35E, said point also lying in the East boundary line of lot 3, block 1 of the Erwin Addition; THENCE South 39°02' East alonS the North boundary line of said tract, same being the South right-of-way line of I.H. 35E a distance of 23.93 feet to a point for a corner; THENCE South 47°25'30" Weft a distance of 20.40 feet to a point for a cor- ner in the West boundary of said tract, same being the East boundary line of lot 3, block 1 of the Erwin Addition; THENCE North 0°05' West along the West boundary line of said tract a dis- tance of 32.38 feet to the place of beginning and containing 243.67 feet of land more or less. And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For.. the purpose of constructing, installing, repairing and perpetually main- taining public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having Ingress, egress, and regress in, along upon and across said premises for the purpose of making additlous to, improvements on and repairs to the said public utilities, or any part thereof, TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand , this the day of , A. D. 19 78 . ATTF qT : N ORTER BROOKS HOLT, CITY SECRETARY' qq nn Vtt ~i~i iACE ~J ' SINGLE ACKNOWLEDGMENT Y-~ 912 i,1tiE 14 THE STATE OF TEXAS, L COUNTY OF DENTON ( BEFORE ASE, the undersigned authority, in and for said County, Texas, on this day personally appeared --_._..Talm.. r.orter knoiAn to me to be the person whose name . 1S subscribed to the foregoing instrument, and acknowledged to me that he eyccuted the same for the purposes and consideration therei expressed. GIVEN UNDER ASY HAND AND SEAL OF OFFICE, This day of ClEtht ~~2 A.D. 19 Notary rub ic, . DentO _ -..County, Texas My Commission Expires June 1, 19 8_V SINGLE ACKNOWLEDGMENT THE STATIC OF TEXAS, ( BEFORE ME, the undersigned authority, COUNTY OF..__..--.._______....--. - in and for said Count„ Te-as, on this day personalty appeared.._ known to me to be the person ___whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19 . l L.S. i Notary Public, County, Texas „11v Commission Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, I BEFORE ME, the undersigned authority, COUNTY OF J in and for said County, Texns, on this day personally appeared known to me to be the pcrsnr And officer whose name is subscribed to the foregoing instrument and acknowledged to me that the snme was the ac' of the sail a corporntion, and that hi executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER 51Y HAND AND SEAL OF OFFICE, This _ day of A.D. 19 (L.S.) _ . Public, County, Texas My Commission Expires June 1, 19._.-... ¢ ; ERK S CERTIFICATE THE STATE :XAE COUNTY OF... 3 ..5 . County s Clerk of the Coun ° Cd1 ~t f saiItIf u~t7 hereby certify that the foregoing instrument of writing dated on the a dny~of T".:~, A. D. 19 with its Certificate of Authentication, was flyd for record in my oflle`_i on the^ A. D. 19 fit o'clock At., and duly % A. D. 19 i , at o'clock M., in the recorded this S_r day t vecoi Is of said County, in Volume on pages WITNESS AIY`gAN C@ TY COURT of said County, at ctiice in ..........}~dand year last above written. V;N~, 3j ~ County Clerk _ County, Texas. P p (L. S.) S By Str puty. U Is7 at i F yya Ni A a L I ii ro' A l ~ A T & ~ a xi ! 1~ , 4 I c3 1 a 12 c a! i Q x D( o W C~ ok 44 o \ i1 A-96-~~AhAANsrY DEED-With Central M4 Corporation Achnowkdrmenn MARTIN Stationer, Co., Dana 912 THE STATE OF TEXAS, Know All Men By These Prese la: I COUNTY OF..... DE.NTON.......................... DEED RECORDS r That LOVIE C. MCSWEEN Ej 17654 ~i of the County of Denton , State of Texas for and in consideration of the sum of THREE HUNDRED & N0/100 ($300.00)------------- DOLLARS, jl Ii F to her in hand paid by the City of Denton, Texas r 1; !I S 1 I~ ~ I; III Ij I'! tE' III I'{ have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of Denton, Texas it , i i 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 Iil County of Denton, State of Texas, and being part of the E. Puchalski ii Survey, Abstract No. 996 and being part of Lot No. 1, of the Bonnie Brae Addition, an addition to the City and County of Denton, and also being part of a tract of .-.nd as conveyed from Grace Brown to R. C. McSween by deed dated January 23, 1957 and recorded in Volume 414, Page 562 of the Deed Records of Denton County, Texas, and more parti- cularly described as follows: BEGINNING at the southeast corner of said tract, same being a point in the west right of way line of Bonnie Brae Street, said right of way line being the back of the existing curb; THENCE west along the south boundary line of said tract a distance of 12,45 feet to a point for a corner; THENCE north 30 12' 36" east a distance of 56.9 feet to a point for.a corner in the east boundary line of said tract, same being the west right of way line of Bonnie Brae; ~I THENCE south along the east boundary line of said tract, same being the west right of way line of Bonnie Brae a distance of 57.56 feet to the i lace of beginning and containing 353.56 square feet of land, more or i ess, I ~II !I I I` 'I I' I` ~ 'II 10 HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywi c belonging unto the said City of Denton, Texas, its succesSOL S! ' i >dxbcmnd assigns forever; and I do hereby bind myself o my i heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the said City of Denton, Texas, its successors I I and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part j thereof, Witness my hand at Argyle,, Texas this 15th day of September , A.D. 1978 Witnerts at Request of Grantor; "LOE C MCSW);E,.'P1.I i ACIi i1'OWLED(.\[F.NT THE STA`EETON TEXAS, BEFORE ME, the undersigned authority, !;II I{ COUN , it ~ in and for said County, :eras, on lh's day personally appeared. .~qy i.e C .,,,,MC.SW„e.,t? 71 u ! N known to Me to be the person........ whose name......... Is.................. subscribed to tie foregoing instrument, and acknowledged to me that executed the same for the purposes and consideration therein expressed. r: GIVEN UNDER Iv1Y HAND AND SEAL OF OFFICr., This 15t ...........d,yof.... .....Sept' bee .,A, D to Z8 } ~jd1 r Q 2 f t a Notary Public De.nton_.... _'..ounty, Text' t AV My Commission Eipir•s 4 me.....07.._..ra!..1........1..7~...,,......, to ACKNOWLEDGMENT NN THE STATE OF TEXAS, BEFORE ME, the undersigned authority, I COUNTY OF....._ I in and for said County, Texas, on this day ijersoua',ly appcared...................... i kaown to me to be the person whose name _ _subs ibed to the forrgoing instrument, and acknowledged to me that he..._...,execzted the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This. ..............................day of.................................................., A. D, 19...... (L 5.) Notary Pubhr,....... ............................................................Count Texas li I My Commission Expires June 19- I - I CORPORATIS,.r ACKNOWLEDGM :NT lj THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF.................... j In and for Wd County, Texas, on this day personally appeared _ r » known to me to be the person and officer I 1 who" name 4 subscribed to the foregcing Instrument e.nd acknowledged to me that the same was the act of the said n .................r................ . i................ a corporation, and that he executed the same ar the act of such corporation for the purposes and alnsideration therein expressed, and In the ayadty therein staled. # I k GIVEN UNDER MY HAND AND SE M OF OFFICE, This ................................day of................................................., A. D. 19............. Notary Public ..........................................................................County, Teas I My Commlaslon Expires June 19....... I F~ THE STATE OF TEXAS, j COUNTY OF........... County Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the t ......................dsy o[............. A.C. N......,.... , with its Certihr u of Authentication, was filed for record In my once i on the.... __..day of t.D. I9.............. , at.... ....o'clock .M., and was duly recor:ed this.................... day of........ A.D. f:........... , lit ,..O'clock M., in the Records of said County, in Vol- same.. _ on pages P'ITNFSS my land and seal of the Count] Court of aald County, at my office In_ -e day and year fast obose written. i Clerk County Court......._.. _ ...County, Texas (L. S.) By_......... Depot). r h f II r, t I L l Rti7 Lo p>I l ,I r 1 u a a' : ll Put Opp Sex3 l r yl 1' 4! dfill» e4:ua4 I 1 ll!»,~yll:aQ Ali31JF1rr11pJ i~ Alhao~ S4k31 !7 ?171s III i I ~I V ~ i ~ w O i l 0 9 ~ III f ~ ~ /r o 3 i i ~C '~1 Q in 7 I. o o I ''s] o I i I I z ~ I d - I i I y m 0. i n !T1 'f) O~ g I~~ i $ •i I X: I I I 4' ^oN H O I N ~ +h y t I i T O ~ A-f' r', M c 8 I z a I C1 r H ~ f Ali ~ I~ I'r ~l ~I l I I i I i ~Y a " THE STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON j DEED RECORDS THAT WE, NORTH TEXAS NURSING HOME OF DENTON, INC. ANDY w,i=. for and in consideration of the sum of one dolio.a~~3 ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby GIVc, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct, reconstruct and perpetually maintain a sewer line and appurtenances in, upon and across the following described tract of land, said tract being a strip of land 20 feet in width and 470 fee: in length, and the centerline being more particulc -ly described as follows: The centerline of a sewer line easement crossing a tract or parcel of land containing 5.09 acres of land, more or less, situated in the M.E.P.&P.R.R. Co. Survey, A-927, Denton County, Texas, conveyed to North Texas Nursing Home of Denton, Inc., by certain Deeds of Record as described in Volume 753, Page 951, Deed Records of Denton County, Texas, BEGINNING at a point that bears S 89°13' E, from the Northwest property corner of said 5.09 acre tract, along the North property line, a distance of 140 feet, more or less, to a point of beginning of said easement; THENCE: S 03°48'10" W, a distance of 470 feet, more or less, to a point on the South property line of said tract, to end of easement. Said lengtii of easement being 470 feet, more or less, measured. TO HAVE AND TO HOLD, all and singular, the privileges aforesaid to it, the said City of Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and all times to enter said prea,ises or any part thereof, for t;e purpose cF constructing, reconstructing and perpetually maintaining said sewer line together with necessary appur,-. tenances, and for making connections therewith; all upon the condition that the City of Denton, Texas, will never construct any such sewer line above plow depth, and that the City of Denton, Texas, will at all times, after doing ~ ( vol 914 PAu 351 - % . VOL 914 wE 352 any work in connection with the construction, reconstruction or repair of said sewer line restore said premises as nearly as possible to the condi- tion in which same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in performing said I work, and further, upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas will not create a nuisance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Denton,•Texas for any other pur- pose, under this grant, except as herein provided. Provided, however, that for the purpose of initially constructing the sewer line and appurtenances above described, and during such initial construction only, the City of Den- ton, Texas, and its agents, shall have the right and privilege to enter upon and use for such initial construction Purposes a strip of land 60 feet in width and -.470-- feel in length, more or less, said centerline is more particularly described above, upon the condition that the City of Denton, Texas, and its agents, will restore said premises as nearly as possible to the condition in which same were found before such initial construction work was undertaken, including repair of all fences that might he disturbed or dam- aged in performing said initial construction work. s WITNESS OUR HANDS tai- ~o day of A.D., 1978. , • •r CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF ) BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Randy witz known to me to be the person and officer whose name is subscribed to the ' foregoing instrument and acknowledged to me that the same was the act of the said 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 HAND AND SEAL OF OFFICE, (t.S.) this the;2A'Aay 1978 Notary Public] ounty, Texas v0I 914 VALE 353 1 R. ES. LOKIG50TTOM SURVEY A-'?75 S 89°l3'E A V 0 R A Y40~' f L'I N E i1 1 j j+ Q ! ' II! . 753 i i I. A~.951 0 o~ I I 5.09Ac. ~ f ~ ~l/orfh TeraS I Nursing h l7;e f j i OF oenr'on, Inc- M. E. P. d p Q. R. CO. A - 9'2-7 I f l SEWER LINE MEMENT ' NORTH TEXAS NURSING H0149 Scale. l'= 200' 0~ OENTO~?,1tJC1 r A. IMMONS s lour 6 M it ' 4 40, 1 j 1 FILED Co 22 f if 2; o m ~e z 'z3 m G~ ~ z Z c m U1 li C~i z Fn G x m ~ 3Z-I 30V ~T6 ICA ~i r y • T O )G V MO e- J' t • ~o ~ S " `v` THE STATE OF TEXAS i COUNTY OF LENTGN KNOW ALL MEN BY THESE PRESENTS: ~ DEED RECORDS THAT WE, GEORGE SCHNEIDER 28575 for and in consideration of the sum of one dollar ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation or the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefit, that will accrue to our property, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct, reconstruct and perpetually maintain a sewer line and appurtenances in, upon and across the following described tract of land, said tract being a strip of land 20 feet in width and 398 feet in length, and the centerline being more particularly described as follows: The centerline of a sewer line easement crossing a tract or parcel of land containing 3.46 acres, more or less, situated in the R. B. Longbottom ',urvey, Abstract No. 775, Denton County, Texas, conveyed to George Schneider by certain Deeds of Record as described in Volume 858, Page 999, Deed Records of Denton County, Texas. BEGINNING at a point that bears S 00°44'20" W, from the Northeast corner, along the East property line, a distance of 8.0 feet, more or less, to .a. point of beginning of said easement; THENCE: In a Northwesterly direction, parallel to and 8.0 feet from the North line of said tract, a distance of 398 feet, more or less, to a point on the West property line of said tract, to end of easement. Said length of easement being 398.0 feet, more or less, measured along the centerline of said easement. TO HAVE AND TO HOLD, all and singular, the privileges aforesaid to it, the said City of Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and all times to enter said premises or any part thereof, for the purpose of constructing, reconstructing and perpetually maintaining said sewer line together with necessary appur- tenances, and for making connections therewith; all upon the condition that the City of Denton, Texas, will never construct any such sewer line above plow depth, and that the City of Denton, Texas, will at all times, 9fter doing VOL M PACE 359 I J VOL 914 ME 360 any work in connection with the construction, reconstruction or repair of said sewer line restore said premises as nearly as possible to the condi- tion in. which same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in p?rforming said work, and further upon the conaition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas will not create a nuisance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas for any other pur- pose, under this grant, except as herein provided. Provided, however, that for the purpose of initially constructiny the sewer line and appurtenances above described, and during such initial construction only, the City of Den- t,°,, Texas, and its agents, shall have the right and privilege to enter upon and use for such initial construction purposes a strip of land 30 feet i^ width and 398 _ feet in length, more o~, less, said centerline is mora particularly described above, upon the condition that the City of Denton, Texas, and its'agents, will restore said premises as nearly as possible to the condition in which same were found before such initial construction work was undertaken, including repair of all fences that m ght be disturbed or dam- aged in performing said initial construction work. WITNESS OUR HANDS this / . ay o A.D., 1978. y e SINGLE ACKNOWLEDGMENT i THE STATE OF TEXAS, a COUNTY OF DENTON BEFORE ME the undersigned State, on this~da a Notar~ Public in and for said County and y personally appeared ,w,3L known to me to be the person whose name subscribed .to the foregoing instrument, and acknuwledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the/ Y ay of,~! 1418 i Notary Public County, Texas in and for LVOI 914 VACE 361 A JJ/O b _ R. B. LONGSOTTOM Ca A - 775 v 0 Vo1.853 /,x.999 9.46 Ac. George Schneider SEWER LHAE- EASEMEWT GEORa-E SCHNEIDER Scale: /"-/00' DEWTOW CO., TEXAS ~ ~ c~ 'Y cY~ r Z`F r., FILED- , ~ -F 22 I'M ls' 21 o z ~ ~ h1'RY ~~0 FILE. v o m j. TEX. rrt 0 EA ti t C n 1 v ;e A 3 \Vl ryn~+ TG G 7C~ 37tid P 3Qh a TV . r r Y • e Ca ~j ff IS~LG~ r V C aG .i 1~~~~~~ J G nvfJ' } v p •r r • } THE, STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON j 1)EE0 RECORDS THAT WE, JOYCE MEADOWS for and in consideration of te sum of one dollar ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assignF, the right to construct, reconstruct and perpetually maintain a sewer line and appurtenances in, upon and across the following described tract of land, said tract being a strip of land 20 feet in width and 559.7 feet in length, and the centerline being more particularly described as follows: The centerline of a sewer line easement crossing a tract or parcel of land containing 9.474 acres, more or less, situated in the R. B. Longbottom Survey, Abstract No. 775, Denton County, Texas. Conveyed to Joyce Meadows by certain Deeds of Record as described in Volume 769, Page 228, Deed Records of Denton County, Texas, BEGINNING at a point that bears South from an iron pin at the Northeast corner of said 9.474 acre tract, a distance of 7.5 feet, more or less, along the East boundary line, to a point of beginning of said easement; THENCE: N 88°55'20" W, along and adjacent to the North boundary line of said tract, a distance of 488 feet, more or less, to a point; THENCE: N 89°57150" W, along and adjacent to the North boundary line of said tract, a distance of 71.7 feet, more or less, to a point on the West boundary line, to end of easement. Said length of easement being 559.7 feet, more or less, measured along the centerline of said easement. TO HAVE AND TO HOLD, all and singular, the privileges aforesaid to it, the sald.City of Denton, Texas, its successors and assigns torever, together with the right and privilege, at aiy and all times to enter said premises or any part thereof, fdr the purpose of constructin;l, reconstructing and perpetually maintaining said.sewer line together with necrssary appur- tenances, and for riking connections therewith; all upon the condition teat the City of Oenton, Texas, will never construct any such sewer line above plow depth, and that the City of Denton, Texas, will at all times, after doing teat 914 PAGE 35 VOL 614 ME 356 any work in connection with the construction, reconstruction or repair of said sewer line restore said premises as nearly as possible to the condi- tion in which same were found before such work was undertaken, including repair of all fences that might be Disturbed or damaged in performing said work, and further upon the condition that in the use of the aforesaid rights an' privileges herein granted, the City of Denton, Texas will not create a nuiFance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas for any other pur- pose, under this grant, except as herein provided. Provided, however, that for the purpose of initially constructing the sewer line and appurtenances above described, and during such initial construction only, the City of Den- ton, Texas, and its agents, shall have the right and privilege to enter upon and use for such initial construction purposes a strip of land _559.7 feet in width and 30 _ feet in length, more or less, said centerline is more particularly described above, upon the condition that the City of Denton, Texas, and its agent , will restore said premises as nearly as possible to the condition in wnich same were found before such initial construction work was undertaken, including repair of all fences that might je disturbed or dam- aged in performing said initial construction work. ~ WITNESS OUR HANDS this day of !'~rt~r-, A.D., 1978. SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF DENTON BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared JOYCE MEADOWS known to me to be the person whose name is subscribed to the foregoing instrun'?nt, and acknowledged to iie th,it she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the~y~ day of`e-a A.D. 1918 Zi t~J C1 / Notary Public oWt Texos in and for y' YOL 914l~cf357 Q, B, I.ONGBOTTOM A-775 NB9°5750"1N V68055,20°1V /iron r'inef 71.7' 159 / fence Corner ' 5' 30' Consk 6",gIII ~ oc~ 9.47Ao• 7 C,assaway Joyce Meadows SEWER 1-111E EASEMt N7 JOYCE MEADOWS Sca/3~ I"~ 200' DENTON C0.0 TEA/'3 FILED \ i i S~J L2 f IlII 2 h'f, ,Y ° o m rr, K a a N CD CQ Z ' m cn g(~'~ 37vd F l} l0A Co l b'dS e r ~ ~4 a O s ~~b4o`i`8 ~ ~ s~ i J K-38 TILL STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON UE D RECORDS ' THAT Sam Willis and wife Elsie Willis of Denton County, Texas , in consideration of the su of One Dollar ($1.00) and other good and valuable consid a ertwu in hand paid Ly the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, ow,Led by them . Situated in Denton County, Texas, in the W. Teague Survey, Abstract No. 1266 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 W. Teague survey, abstract no. 1266, and being part of lot no. 4, block B, of the Shady Oak.,, Industrial Park Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Charlcie H. Townson Lcgan to Sam Wi'.lis and wife Elsie Willis by deed dated Novembe 7, 1977 and recorded in Volume 862, Page 351 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the Northwest corner of said lot 4, eame being the Northeast corner of lot no. 3, block B of said addition; THENCE North 71051' Eaat, alo,ig the North boundary line of said lot 4, a distance of 150.1 fe9t to a point for a corner, same being the Northeast corner of said Willis tract; THENCE South 2058' West, along the East boundary line of said Willis tract a distance of 6.58 feet to a point for a corner; THENCE South 71051' West, 8.0 feet South of and parallel with the North boundary line of Said Willis tract, a distance of 126.49 feet to a point for a corner; THENCE North 8f°51'10" West a distance of 22.03 feet to the place of be- ginning and containing 1106.35 square feet of land, more or less. ; I i And it is further agreed that the add City of Denton, Texas In consideration of the benefits above set out, will remove from the property above described, such fencer, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining public utilities in, along, upo,: and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having Ingress, egress, and regress In, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public utilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purpoal aforesaid the premises abovs described. t y~~ ,~~c ' Wltnesh.- our hands this the ~ I_~daq of . ~ . .19 78 ATTES _ n BV009S HOLT, CITY SECRETARY ELSIE WILLIr Vol 914 p>r(,E 347 von 914 NAcE 348 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, coUNTY of DENTON ~ In and for said County, Texas, on this day personalty appeared .._.5dift Willis and wife Elsie Willis . . known to me to be the rers rn S whose name s aresubscribed to the foregoing instrument, and acknowledged to me that they execute he same for the purposes and considcration ther,esprcesed. GIVEN UNDER MY ][AND AND SEAL OF OFFICE This 9_ day of ,..._-t...°2..., A.D. 1976. (LS.) //1~ Nc,., 71 Pa61ic, Denton County, Texas . Sly t :mission Expires /p,. J f'- /,y~' SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared _ known to tae to be the person .....whose mama subscribed to Cie foregoing Instrument, and acknowledged to me that he executed rite same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE., This _ . day of_...__.._ , A.D. 1o (LS.) Notary Public, Count'Texas MV lommfssinr F.xp sea CORPORATION ACICNOIV1,EDGN1ENT THE STATE OF TEXAS, ~ BEFORE ME, the undersigned authority, COUNTY Or in and for said County, Texas, on this day personally appeared - - known t•, me to he the prrs,m and uiricer whose name Is ecbecribed to the forcl-oing In-trnment nnrl acknowtwlged to me th.it the same w'as the A t cf tho Sal l a corporation, and that he executed the same us the act of such cw poratrmt for the p,,rp,ses and considw ati m thereb. expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFi,^E, This day of A.U. ley ( L.S. ) Notary Public, County, Texas _My Commission Expires June 1, 19 3 law CLERK'S CERTUICATI', THE STA TE I,._. County COUNTY OF. G s . I A Clerk of the C t u rt of r y_ U7 jtca~t~ , do hereby certify that the foregoing instrument of writit.¢ dated on the t 1 ►b~{ may.. , A. D. 19 with its Certificate of Authentication, wns filed for 1 record in my3cgtn; ore M A. D. 19 at o'clock DL, and duly recorded this~d a da ti $ r, t~' y n(9 3 A. D. 19 , nt o'clock M., in the q Ficords of at Id County, In Volume__ on pages WITNESS' fY ] A AN s~r ~EWOUNTY COUP i of said County, at ctflce in ...........S.- ~.l~ e day and year fast abna'e written. } County Lierk County, Texas. lL ) C B _ Deputy ~ R v + E4 d FIL:O y I ~ 04i t 0 1A SEP 22 PH 4'23 {a a IM I z' i MARY J ILL 3 3 rT~ I f en 0 € tCl'+'i 1 17._ ' 1 v: iE%.i * f i G b t I 60 ~ y THE STATE OF TEXAS X COUNTY OF DENTON X This agreement is made and entered into this~7day of 1978, by and between the CITY OF DENTON, t TEXAS, a Municipal Corporation, ("CITY"), and the DENTON COMMUNITY THEATER, INC., a non-profit educational corporation chartered under the Laws of the State of TexaEi, ("DCT"). THE PARTIES RECITE AND DECLARE THAT: 1. CITY is the owner of the old City Hall Building, which is now occupied by City of Denton F'.re Department and Fire- house Theater ("PREMISES"), situated at 221 North Elm, Denton, Texas. 2. DCT desires to !-ease floor space in PREMISE:' for the purpose of creating a minimum of five (5) theater productions per "play season" that respect the standards and ideals of the community as a whole. 3. The parties may desire at a future date to enter into a written addendum agreement to establish any additional terms for theater space in PREMISES. IN CONSIDERATION OF THE NbTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: a. That all floor space to be used in connection with theater productions at PREMISES shall be allocated at the sole discrn_tion of the City Manager. b. PREMISES shall be leased to the DCT for a period beginning from the date of execution of this agreement to the end of this current "play season" or the 15th day of June, 1979, whichever comes first, and DCT shall have the option to renew this agreement for one additional standard "play season" on giving written notice to CITY of an intent to exercise the option at least thirty (30) days before final expiration date of the original term period. In no event shall this agreement and renewal thereof exe:eed the 15th day of June, 1980. c. DCT shall pay the sum of one Dollar ($1,00) per "play season" as rental to CITY, payment due within ten (10) days of the execution of this agreement, and should the option to renew be exercised by the DCT, within ten (10) days of the 15th day of June, 1979. d. CITY agrees to bear the cost of all reasonable and necessary building maintenance and the DCT agrees to bear all costs of improvements and equipment relating to theater operations. e. This agreement shall be binding upon the successors and assigns of the respective parties. However, DCT agreES not to assign this agreement without the written consent of CITY first obtained in writing. f. All the terms, conditions and stipulations of this agreement are subject to all applicable federal and state laws, the City Charter of the City of Denton, all ordinances passed pursuant therto and all judicial determinations relative toereto. g. At the expiration of the terms of this agreement, CITY will acquire total oczupancy of PREMISES, free and clear of any indebtedness or obligations. IN TESTIMONY WHEREOF, the parties to this agreement have hereunto set their hands, in duplicate, the day and year first above written. CITY OF ENTON, TEXAS BY 1 DENTON COMMUNITY THEATER, INC. BY:~. Gt/„~ ATTE OOKS HOLT, CITY SECRETARY I THE STATE OF TEXAS X COUNTY OF' DENTCN X BEFORE ME, the undersigned authority, 'n an r i County, Texas, on this day personally appeared of the City of Denton, Texas, known to t be the person and officer whose name is subscribed to t foregoing instrument and acknowledged to me that the same was the apt of the City Council of the City of Denton, Texas, a Municipal Corpiration, and that he executed the same as the official act of said Council for the purposes and consideration therein expressed, and in the capacity therein stated. VEN NDER MY HAND AND SEAL OF OFFICE, this theday of A.D. 1978. A jy/4~1~ NOT R PUBLIC IN AND FOR DENTON COUNTY, TEXAS THE STATE OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undersigned authority, in aii` for said County, Texas, on this day personally appeared JwL Yrf, U~~•~A-<.MJ known to me to be the person aofficer whose name is su scr a to the foregoing instrument and acknowledged to me that the same was the act of the DCT, and that he executed the same as the official act of said LCT for the purposes and consideration thz~rein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the «'itL_day of A. D. 1978. NOTARY ?UBL~IN AND FOR DENTON COUNTY, TEXAS - • ~ o 1 ~ ~ ~ ~ r ~ ~ r~ ~ . ~ ~ P r ~rr ~f F C{' y n. a a ;:zipi: ! ~ t t + 11 ti I.r y y'~1336 "Azk#e NO. y ` r1c{I 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 ` 'q THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP 1 APPLIES TO LOT NO. 4.1, BLOCK NO. 444E, AS SHOWN THIS DATE ON THE , OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICU- LARLY DESCRIBED THEREIN; AND DECLARING, AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON , TEXAS f HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1169, as an Appendix to the Code of Ordinances of the City of Denton, Texas, cinder provisions of Ordinance No. 69-1, be, and the same is hereby amended as follows: 111 the hereinafter described property is hereby removed J from the Agricultural "A" District as shown on said Zon- ing Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Single-Family "SF-7" District in the same manner as other property located in the Single- Family "SF-7" District; ;4 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State ti of Texas, and being Lot No. 4.1, Block No. 444E and being approxi"i tely .66 acre of land located at the northeast ':<< corner of Sanger and Riney Roads in the City of Denton, Texar. SErZION 1I. Teat the City Council of the City of Denton, Texas hereby finds tnat such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things , for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving t.ie value of the r~ buildings, protecting human lives, and encouraging the most appro- priate uses of land for the maximum benefit to the City of Denton, Ss a Texas, and its citizens. • SECTION III. That this ordinance shall be in full force and effect immedi- ately after its passage and approval, the required public hearings 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 19th day of September, A. D. 1978. J I L , YO TY OF DENTON, TEXAS A;RLT, 10 ~~y CITY SEC E Xhy CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS J~691 PAUL Co ISH , CITY ATTO~RNXY CITY OF DENTON, TEXAS x.. kre..'.T..,i, ' . +",v ..rv .,.,"r-FT v.^`Rn,^ ~ c ~'t ~s~~.~ ~ fJ£ ,~,..;8 i}~ J _ `~ALf ~S' ' t~ f AT A REGULAR MEETING OF THE CITY COU14CIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 19TH DAY OF SEPTEMBER, A. D. 1978. R E S O L U T I O N WHEREAS, the City of Denton, Texas has a history of involving its citizens in all facets of decision making; and WHEREAS, the City of Denton will continue to be involved in the Community Development Block Grant Program; and WHEREAS, it is recognized that the City of Denton needs a Com- munity Development Advisory Committee in order to assure citizen participation in all stages of the grant process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 1. That there is hereby created a Community Development Advi- sory Committee to be composed of nine (9) members appointed by the City Council for two (2) year terms. The committee members -.mall have staggered tf:rms with five (5) members being appointed during even numbered years and four (4) members being appointed during odd numbered years. At its inception, the City Council shall appoint five (5) members to the Committee for a two (2) year term and four (4) members to the committee for a one (1) year term. Members of the committee may be removed by the City Council for cause. Vacan- cies shall be filled in the same manner i.rovided for regular appoint- ments. 2. That the City Manager or his designee shall be an ex-officio member of the committee. He shall attend all meetings of the com- mittee and shall have the right to discuss any matter that is under consideration by the committee but shall have no vote. 3. That members of the committee ohall be citizens of the City of Denton. 4. That at the first meeting each year after members have been sworn in, the committee shall select from its owner membership a chairperson and vice chairperson. Any five of the regularly appointed members shall constitute a quorum. The committee shall determine its own rules and order of business, and shall meet as necessary. All meetings shall be open to the public and a permanent re„ord of pro- ceedings maintained. 5. It shall be the duty of the Community Development Advisory Committee: (a) To act in as advisory capacity to the City Council in the determination of priorities and program development for Community Development Grant Programs. (b) To act as a recommending body for subsequent amendments to the Community Development Grant Program. (c) To serve in a leadership role in the process of planning, implementing, and assessing the Community Development Program and implementing the Citizen Participation Plar.. PASSED and APPROVED this the 19th day of Septc-nber, A, D. 1978. 01 JO MITCHELL, I Y R C Y OF DENTON, TEXAS ATTEST, MOROKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: ---PAUL-C.ITS , ITY ATTORNEY CITY OF DENTON, TEXAS Sr'D~ i 1~ 1 NO. 45 , AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON$ TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP APaLIES TO APPROXIMATELY 38.7 ACRES OF LAND, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DF.NTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DEN'TON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14t'i 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, anc, the same is hereby amended as follows: All the hereinafter described property is hereby removed from the Agricultural "A" District as sown on said Zon- ing Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property a.s Single Family "SF-10" District in the same manner as other property located in the Single Family "SF-10" District; All that certain 38.7 acre tract, or parcel of land situ- ated in the John McGowan Survey, AbLitract No. 797, City and County of Denton, State of Texas; seid tract being further described herein by metes and bounds as follows: BEGINNING at the most westerly northwest corner of the tract being described herein at the northeast corner of Timber Oaks Estates= THENCE easterly with existing zoning line 1720 feet, more or less, to the southeast corner of tract described in zoning case Z-1196; THENCE northerly with existing SF-10 zoning line 1000 feet, more or less, to a point in Southridge Drive, said point be- ing an angle point in the east line of tract described in Zoning Case Z-1196; THENCE northwesterly with existing SF-10 zoning line and Southridge Drive 150 feet, moee or less. THENCE northeasterly with existing SF-16 zoning line 180 feet, more or less; THENCE southeasterly parallel with proposed Southridge Drive 1050 feet, more or less, to the east line of proposed Loop 288; THENCE with the east line of proposed Loop 288 and a-c of curve to the left 1000 feet, more or less, to the south line of American Savings tract; THENCE south 880 40' 15" west 2250 feet to a point in the east line of Timber Oaks Estates; THENCE north 010 041 30" west 419.12 feet with east line of Timber Oaks Estates to the place of beginning, and contain- ing approximately 39.7 acres of land, more or less. . SECTION II. That the City Council of the City of Dentoa, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate 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 irunedi- ately 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 19th day of September, A. D. 1978. J MITCHELL, 'MAYOR TY OF DENTON, TEXAS ATTEST- KS HOLT, CITY SEMTAR'i CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: a& t ~94~ PAUL C. HAM, CITY ATTORNEY CITY OF DENTON, TEXAS I r f1 Y 1 V ' N N w J M N0. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME hAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDI14ANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 4.9 ACRES OF LAND, AS SHOWN THIS DATE CN THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MOR% PARTI- CULARLY DESCRIBED THEREIN; AND DECLAT<ING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DF1qTON, 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 said Zon- ing Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as General Retail "GR" District in the same manner as other property located in the General Retail "GR" District; All that certain lot, tract or parcel of land lying and be- ing situated in the John McGowan Survey, Abstract No. 797, Denton County, Texas, being part of a tract of li.91 acres deeded by V. R. Clearman, et al, to J. Homer Kerley, re- corded in Volume 441, Page 658, Deed Records of Denton County, Texas, this tract lying south of U. S. Highway 35E and being more particularly described as follows: BEGINNING at a fence corner at the southwest corner of a tract conveyed by John I. Sublett to Ida Lee Collier by deed recorded in Volume 306, Page 475, Deed Records of Denton County, Texas, said corner being also the south- west corner of said 11.91 acre tract, said beginning corner being 1252.0 feet west of the east line of said McGowan Survey; THENCE north 00 05' west with a fence on the west line of said tract 863.2 feet to a corner on the southwest right of way of said U. S. Highway 35E; THENCE south 39' 02' east with said right of way 68.6 feet to an angle therein; THENCE south 47° 27' east with said right of way 344.7 feet to a steel pin for corner; TL!2NCE south 0° 7' east with a fence 580.3 feet to a steel pin at a fence corner on the south line of stid tracts; THENCE north 890 23' west with a fence on said south line 300.4 feet to 'che place of beginning and containing in all, 4.900 acres of land. 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 th6 purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for tho 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 appro- priate uses of land for the max:~mum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full force and effect immedi- 0 ately after its passage and appro,ral, 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 19th day of September, A. D. 1978. AQ e-- J I TCH L It MAYOR TY OF DENTON, TEXAS ATTEST: T. KS HOLT, CITY SECRETARY CZTY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM. PAUL HAM, CITY ATTORNEY CITY OF DENTON, TEXAS 1 ~ ~ . / • _ t ~ 1 trV /Aq N 1 r Z 1341 Toni Jeste Ar ' r R 'r t ' NO. 7Y41 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AF SAID MAP APPLIES TO LOTS 6, 7, 7.1, AND 8, BLOCK NO. 3003, AS SHOWN THIS l DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. Ti'rr COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I. 4T That the Zoning Map of the City of Denton, rexas, 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: :y All the hereinafter described property is hereby removed 1x from the Single-Far,iily "SF-7" District as shown on said {a Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as a vended, shall hereafter apply to said property as General Retail "GR" District in the same manner as other property located in f the General Reta1.1 "GR" District; All that certain lot, tract or parcel of land lying and Yi being situated in the City and County of Denton, State of Texas, and being Lots 6, 7, 7.1 and 8, Block No. 3003, j and comprising approximately 2 acres of land, more or less, and being located in the southern half of the block bounded by Ar-e:lxe E and D, Eagle Drive, and Interstate 35E Service Road in the City of Denton, Texas. SECTION II. ! i That the City Council of the City of Denton, Texas hereby finds that such chan;e is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for 'Wic 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 appro- priate uses of land for the maximum benefit to the City of Denton,, Texas, and its citizens, ~!r SECTION III. That this ordinance shall be in full force a,.d effect immedi- ately after its passage and approval, the required public hearings having heretofore been held by the planning and ironing Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. 8 PASSED and APPROVED This the 19th day of September, A. D. 1978. Q , JO MIT EL , YOR CI OF DENTON, TEXAS ATTEST BR F L , IT -SECRETARY C FY OF DENTON, TEXAS APPROVED AS TO LEGAL '"ORM: PAUL C, ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS dub" jiwl i E N t r / Yf x4344 ED `STPLETV NO. P 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 r THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP APPLIES TO LOT NO. 12, BLOCK NO. 499, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICU- LARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an 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 Multi-Family "MF-111 District as shown on said Zoning Map, and all provisions of Ordinance No. 69-1, 4> # adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Office "0" District 7? in the same manner as other property located in the 1 Office "O" District;c Y All that certain lot, tract or parcel of land lying and ti being situated in the City and County of Denton, Sate of Texas, and being Lot No. 12, Block No. 499, being approximately .35 acre of land located at 1302 West Oak, Denton, Texas. SECTION II. That the City Council of the City of Denton, Texas hereby r finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of s Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its pecu)iar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appro- priate uses of land fo4 the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. :'aa That this ordinance shall he in full force and effect immedi- ately 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 19th day of September, A. D. 1978, MITCHELL0 MAYOR ATTE TY OF' DENTON, TEXAS WWK9 HO LT, IT WEIRETARY j CITY OF DENTON, TEXAS a APPROVED AS TO LEGAL FORMS Y CITY OF DENTON, TEXAS ~"f T*t K+J/e $:i.l'kp'~'«vy~ v .'C . ~.T1u,~r~ ~f dll5 i. Cff~.'' w'rf'1 f ~ 7 y.C . A . . r , He J' ` f lk`• ~.,f f 1 W'~'!9y r v ~ w p~ I ~ _U b ~irrr►.rr.rr NO, -7?-So AN ORDINANCE AMENDING THE ZONING AiAP OF THE CITY OF DENTON, TEXAS, AS SAA;E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-10 AND AS SAID MAP APPLIES TO APPROXIMATELY .65 ACRES OF LAND, MORE OR LESS, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted 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-Family "SF-7" District as shown on said Zoning Map, and all provisions of Ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Office "0" District in the same manner as other property located in the Office "0" District; All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texab, and being approximately ,65 acres of land, more or leas, aad being a tract of land at 1012 South Myrtle, as well as 6 small adjacent portion of excess street right of way ani being more particularly described by metes and bounds as follows: TRACT 1. All that certain lot, tract, or parcel of land, lying and being situated in the City and Covity of Denton, S*ata of Texas, and being a part of a First Traci, as nveyed by deec' dated October 23, 1937, from William A. Wilso:s a.-id wife, Selma Wilson to B.F. Chastain, as shown of record in Vo)^m. 271, Page 103, of the Deed Records of renton County, Texas; being o;.t of the Alexander Hill Survey, AOstract No. 623, and being more particularly described r,s follows: BEGINNING at a steel pin at the Northwest Corner of the past mentioned First Tract; THENCE: South 89034018" East, along the North Boundary Line of said First Tract, same being a fenceline, 161.87 feet, (call on this line being 163 feet) to a steel pin for corner in the West Boundary Line of Myrtle Street; THENCE: South 00050" East, along the West Boundary Line of Myrtle Street, 85.2 feet to a steel pin for the most Eastern Corner of Tract No. 8568 of 4893 square feet of land as set forth ir, Instru- ment designated as "Order for Possession" dated September 30, 1976, City of Denton vs. Ben F. Chastain, Jr., Lillian Judkins, and Virginia Alyne Chastain, saiA instrument filed in the of`ice of the County Clerk, Denton county, Texas; THENCE: South 38048134" Wes;:, along the Northwesterly Boundary Line of the above mentioned City of Denton tract, 166.78 feet, to a steel pin for corner; THENCE: North 860 29' 54" west alony the north boundary line of the past mentioned City of Denton tract 60.00 feet to a 2 inch steel pipe for the northwest corner of said City of. Denton tract and being in the west boundary line of the past mentioned B. F. Chastain First Tract; THENCE: North 00° 21' 06" east along the west boundary line of the past mentioned First Tract 212.7 feet to point of beginning and containing 28,357.26 square feet of land, more or less. .ate TRACT II. All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and be- ing part of the A. Hill Survey, Abstract No. 623, and more parti- cularly described as follows: BEGINNING at a point in the centerline of Fort Worth Drive, said point of Beginning being the intersection of the centerline of Fort Worth Drive and the extended centerline of Collins Streetj THENCE: South 89°29'06" West, along the extended centerline of Collins Street a distance of 127.05 feet to a point for a corner, Same being the intersection of the centerline of Collins Street and the centerline of Carroll Boulevard; THENCE: North 24004154" West along the centerline of Carroll Boulevard, a distance of 450.66 feet to a point for a corner; THENCE: North 89046'06" East a distance of 182.88 feet to a point for a corner; THENCE: South 0021106" West a distance of 283.5 feet to a point for a corner; THENCE: South 86°29'54" East a distance of 60.00 :`eet to a point for a corner; THENCE: North 38048134" East a distance of 166.78 feet to a point for a corner in the West right-of-way line of Fort Worth Drive; THENCE: South 70058'46" East a distance of 50.00 feet to a point for a corner in the centerline of Fort Worth Drivej THENCE: South 19001114" West, along the centerline; of Fort Worth Drive a distance of 251.26 feet to the place of beginning and containing 66,243.5 squara feet of land, more or less. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. That this ordinance shall be in full fL.:ce and effect immediately fter 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 19th play of September, A.D. 1978. JO ITCHELL, MAYOR C OF DENTON, TEXAS M r ATTEST: B 0 S HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL .-ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS A .s ~ • . ' e . ' j.. G ~ ~ . 1 ~ ~O W I ~ ~ O Y } V 'I A r r I I I ^A r. i i -A'5 'wt' of t ~e First 1"Irt , b~sinE- 5oub?,rld~;e Ac3ocir~t,nr, a llrltod partn,rshin, ov+nor an(i developer of n tract of land situated in the City of Penton, Texas, has corbracted rl(°:I l-0I` tc, 1'xx3 i. n9 tr)LI ed 7.n nf„nLr, I t'`ro'~1 110- 2 of the :,h11 :1"2'L(.' (1, c1{,1}1r1 tln t^r1 ,.1t7 or 'C:ntoi, ''(1•rn 9, t.fl(3 .'horcas cif tl-(. i'.2'.: f: I•.12`t1!., ijn UO:Jit~:(1 `it"ll PtIrty of t1:1n .)'C:cr)rld T'Lr:;t Stnto'irlnl~ o" I!onton, Texas the 311M of i 5?,8?~~.3~, sl2ici s~.ur~ bni`r; the e.'.tirnnt,ed cnst of salad ir:prove`nonts Farty o' the Ylrat Pnrt ai-reo3 t}hnt said sum vri II be held on accolint with Farty of the Second F'.rt an(I with- I` dra`,rals wil_J Ile made only Vor the pnvmont of skid improvorr.ent3, amp Party of tho Second Part ajmees to hold said sum for this purpose llll~ until ol] oairf improvomonts aro instnlled in said Fsl~ck 2 and IY r11)-,roval r{rld acceptntlr-a of said irnprovonJerits are cAven by the City i j of Pontnn, ;o:cns. Any interest which illy accrue ,nay he retained j by Pnrty of the First Port. 1 I 1 1 VITFh'F`'.SS OUR HANDS this the 7th clay of Soptemllor, 1978, FIPST STMT, HAT!K OF UEWON9 TEXAS SOUTITIUGt? ASSOCIAIE.j ll e L General artner r~h~ f THE STATE OF TEXAS X X a COUP:.TY OF DENTON AGkEEMENI' THAT WHEREAS, 84 Lumber Company is the developer of cer- tain property located and situated in the R. B. Longbottom Sur- vey, Abstract No. 775, and being part of Lot No. 4 of the East Industrial Plaza Addition, an addition to the City and County of. Denton, and desire:' to serve such property with an offsite sewer main; and WHEREAS, the Ci`.y desires to participate in the cost of extending the offsite sewer main across a tract of land to the developer's property; H N0,114, THEREFORE, THIS AGREEMENT, made this the day of Septembe•-, A. D. 1978, by and between 84 Lumber Company, herein- after called "Developer", and the City of Denton, Texas, a Home Rule Municipal Corporation of the State of Texas, hereinafter called "City"; ' f WITNESSETH: 1. The Developer will install, by contract or otherwise, i a sewer line and appurtenances to seZ:,3 the property lying and be- ing situated in the City and County of Denton, State of Texas, an%l being parr. of the R. B. Longbottom Survey, Abstract No. 775, and being part )f Lot No. 4 of the East Industrial Plaza Addition, an addition to the City and County of Denton, and also being part of a tract of land as conveyed from Bert R. Moore t7 Eighty-Four Lum- ber Company by died dated March 9, 1978 and recorded in Volume 878, Page 660 of the Deed Records of Demo, 'rexas, in accordance with :11 City of Denton ordinances, Julations, policies, and procedures. The said sewer train shal'. ; located as shown on I the attached map which is made a par L- hereof all intents and purposes. 2. The City agrees to pay $12.00 per fort for a distance of i 249 feet, or a total of $2,988.00 for its participation sham. of the cost of constructing such sewer main. Tre City shall pay for its share of the sewer main within thirty (~0) days from the date of accaptanco of the main. r r• ' V 3. Title to said Sewer main is hereby and shall at all times be vested in the City and Developer will grant to the City an easement across its property for the installation of the sewer main. 4. The Developer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss, or lia bility of any kind, whatsoever, by reason of injury to property or third; person occasioned by any act or omission, neglect, or wrong- doing of Developer, its officers, agents, e,nployees, invitees, con- tractors or other persons with regard to the performance of this contract, and Developer will, at its own cost and expense, defend and protect against any and all such claims and demands. IN WITNESS WHEREOF, this instrument is executed in tripli- cate originals this the ,A ~ day of September, A. D. 1978. CITY OF DENTON, TEXAS E BY: ATTEST,:!? / A KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS 84 LUMB!SR COMPANY BY. I ATTEST: t ` • I AGREEMENT - PACE TWO ~ ~ 1 ~ _ \ y ~C ~ C , c c C j~y~R M. E. P. S pR R. CO. SURVEY 4B. 950 RAL~00 A 1067.74 MAYM L` , I N110 j416 - ROAD ; N ? M A o 0 A m m rr A CD U w ;D t0 O Q! q~ ~cl op sG •4 O y~ 0 w r N 471 Ft 440.64' _ TIC ~j v~ D i } / ANS K 000 is f a aN N~, 6% CP .10 C p~' ~Z N 6~ p/ Z S.4033'W 3979' ep c Nx. 07 / NN 11 O ~[R[R f S.4°34'37" f O a 0 tw CA 00 Jill pQQQA RA AIR O iii~SS V ~y Q Pw. s '~i ~ga3 •s y p •pp • • aa, . a • a • p •p • • ' S r • t3 ~fC 6 VA oW +►~.~+P VAb ~pnN lW.r~) CJ ~ 6 ~i+ 5~~+ Sp~~ • a 7f o 0 0 0 o p Vo O• O O M ~ ~[1 O {f •3 r fl In •Lq W o W r• py,~yF,!►•lWrU~pp A yA~ . y Ll rC■ ~ SrT ~(~~i NOD +O O. AJ! 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