HomeMy WebLinkAbout02-1980
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❑ NEW HAMPSHIRE INSURANCE COMPANY AMERICAN HOME ASSURANCE COMPANY
CJ GRANITE STATE INSURANCE COMPANY NATIONAL UNION FIRE INSURANCE COMPANY OF ~-J
PITTSBURGH, PA.
Name of Cc, n Deny El
Name of Cc moan V
AMERICAN INTERNATIONAL COMPANIES
10: Executive Office: 102 Maiden Lane
CITY OF DENTON New York, N.Y. 10005
LICENSE OR PERMIT DEPT.
DENTON, TEXAS 76201DIRECT CANCELLATION NOTICE
el C[RTIFIEDMAIL
L \ 1
BOND NO, OZ-94-75
PRINCIPAL ROLLINS, INC. ORKIN EXTERMINATING CO.,INC., P.O.BOX 647,ATLANTA, GA. 30301
OBLIGEE CITY OF DENTON, DENTON, TEXAS 76201
AMOUNTOFBOND 11000,00 TYPE LICENSE OR PERMIT TO POLICY PERIOD 2/1/79 TO 2/1/80
ENGAGE iN THE S[1S OF EXTERMINATING
ou are here y notified that the above Bond # 02-94-75 is hereby cancelled
effective June 3, 1980
Signed and sealed this 29th day of APRIL,1980 AMERICAN INTERNATIONAL COMP,
NA F OMF V
In-
tan I. Hal
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MEMORANDUM OF INTENT FOR AN Ax _ ,
ECONOMIC DISPATCH AGREEMENT
THIS MEMORANDUM OF INTENT is made by the Cities of Bryan,
Denton, Garland, and Greenville, Texas, hereinafter called jointly
Cities and separately City, and the Texas Municipal Power Agency,
hereinafter called Agency, all hereinafter called a participant or
participants along with the other parties who execute the Economic
Dispatch Agreement herein provided with the approval of the Cities and
the Agency.
WITNESSETH
WHEREAS, economic dispatch is the joint coordination of
startup, operation, and shutdown of each and every participant's
electrical generation, transmission, and other related facilities by
and among the participants in order to minimize their total
system-wide fuel requirements, thereby resulting in a monetary savings
to all the participants; and,
WHEREAS, the Cities and the Agency desire to express their
intent to provide for economic dispatch among themselves;
NOW, TyEREFORE, the parties agree as follows:
1) The Cities and the Agency hereby agree to dispatch and
expeditiously to develop and enter into the necessary economic
dispatch agreements with each other and any other participant that is
acceptable to the Cities and the agency.
2) The„Agreement shall provide for the costs and administration of
the economic dispatch program by the Agency on a mutually agreeable
basis, either through its own personnel or by contracting with others.
3) No provision of the economic dispatch agreement shall require the
Cities or the Agency to breach the L•erms of any valid, prior contract.
4) The economic dispatch program will be developed to realize
monetary savings for each participant,
S) It is contemplated that under the proposed aareement any
participant will be able to withdraw from the economic dispatch agree-
ment, whenever it determines that it bears an unfair burden, upon
providing one years' written notice to all the other participants.
IN WITNESS W11FREOF, this Memorandum of Intent has been executed
A2X
by the parties hereto on the ~j _day of 1980.
,ATTEST: CITY OF BRYAN, TE,X~A~S~
ACIT SECRETARY MAYOR
e
ATTEST:: CITY OF DENTON, TEXAS
C91TY SECRETARY MAYO
AT
TEST:t CITY OF GARLAND, TEXAS +
6 ovlo~~V 0,
CITY SECRETARY MAYOR
ATTEST: CITY OF GREENVILLEO TEXAS
CITY SECRETARY MAYOR
ATTEST: TEXA3 MUNICIPAL POWER AGENCY
j a 'J F/J~
.Ge.-r~ ,~u 1 BY:
Serving the cities of Bryan, Denton, Garland 6 Greonville.
May 5, 1980
Mr. Brooks Holt
City Secretary
City of Denton
Municipal Building
215 E. McKinney
Denton,Texas 76201
Dear Mr. Holt:
An executed copy of the Memorandum of Intent For An Economic
Dispaich Agreement made by the Cities of Bryan, Denton,
Garlr,nd and Greenville is enclosed for your files.
Sincerely, p
eahuc,t , "4XA'; 4j
Catherine M. Scheiner
Executive Assistant
/cs
Enclosure
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%NWfMliNk1Odhw&0"" 600 Arhngton Downs tower Arlington. Texas 76011 IB 171461.4400
ON
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WATER 6 SEWER LINE AGREEMENT
THIS AGREEMENT made and entered into the 5 Ta day of 19
.
between Joe Belew, P.O. Box 1188, 525 South Locust Street, Denton,
Texas, a developer who is planning to develop a tract of land at 2001
I-35W as shown on attached plat, and the City of Denton Utilities
Departments and,
WHEREAS# Joe Belew, the developer, wishes to serve this development
with water and sewer from the City of Denton's utilities system; and,
WHEREAS, Joe Belew agrees through a joint venture with Bob Jones, a
land owner adjoining this property, will install permanent water and
sewer mains meeting the City of Denton specifications to serve this
development within one hundred twenty (120) days from the date this
Agreement is signed; and,
WHEREAS, this property, at the present time, is outside the City
limits; and,
WHEREAS, Mr. Joe Belew has petitioned the City of Denton for
annexation; and,
} WHEREAS, Mr. Belew has also requested a temporary 2° water connection
to be used until the permanent line is installed.
THEREFORE, the Utilities Department agrees to furnish this temporary
connection with the understanding that if the permanent lines are not
installed within the one hundred twenty (120) days and annexation is
not completed, temporary service will be discontinued. Mr. Belew
agrees to accept full responsibility for the construction, maintenance
or any damage that might be caused by the temporary line.
CITY OF DENTON
BY i I'L",
R.E. Nelson,
Director of Utilities
ATTEST:
ELaew
JeBe Bo Jones
ATTEST:
n n.
2. MINUTES of the regular meeting of December 19, 1979, were
renewed. Nash made a motion to accept the minutes as
stated. Second by Laney, five ayes, no nayes, motion carried.
3. CONSIDER CONTRACT WITH JOE BELEW FOR TEMPORARY WATER SERVICE
OUTSIDE OF CITY LIMITS: Jones briefed the Board by sta ng
a Mr. 3e ew was setting up a concrete plant and that
subject property wa!, currently in the process of being
annexed. The initial tie on to the City's system will be
temporary, but the Agreement calls fcr Mr. Belew to extend
permanent water and sewer lines within 120 days of the
contract date. Jones concluded by stating that the Community
Development Department sees no problem with the proposed
annexation of subject property. Krieger stated that he would
like to include a statement in the Agreement to address the
question of annexation. Nash commented that the title of the
Agreement should be restated to include sewer service. Laney
then made a motion to recommend to the City Council approval
of the Agreement with the following changes:
1) The title changed to read, "Water and Sewer Line
Agreement".
2) A provision to include in the Agreement annexation
with regards to, the 120 day time limit for installing
permanent lines.'
Second by Loveless, five ayes, no naves, motion carried.
4. OPERATION REPORTS: Tullos briefed the Board on production
and consumpt on results. Krieger asked about the large
differences between production, consumption and sales
results. Nelson replied that the long billing cycles have
caused the numbers to be out of proportion. Krieger then
asked about the increase in energy costs per net KWH. Tullos
replied that the Lone star Gas Company bill was in error and
that some operational problems with generators d4 and i5
caused the increase. There was no Board action required on
this item.
5. CONSIDER POLICY REGARDING UNDERGROUND ELECTRIC UTILITIES:
Tullos brie ed the Board by rEView ng the C ty's pr°sent
policy of letting the customer choose his mode of service.
Tullos further stated that many issues must be resolved such
as accessibility, costs and etc. Krieger stated that 1
p
olicies should be developed through the coordinated effo.rts
of all
bea ing onp the departments
Loveless u stated up that that
would like a
G
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January 29, 1930 Continued
Motion was mach b`• Vela, seconded by Hensley that the
Ordinance be passed. On roll call vote Vela "ee", Hensley lave",
Stephens 'aye and Wash aye'. Motion carried.'
(B) ORDINANCE 080.6
AN TRC:N'ANCE AMENDING THE ZONi.\G 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 S0. 59-1, AND AS SAID MAP APPLIES
APPROXIMATELY 2.592 ACRES OF LAND, AS SHN,.N THIS DATE ON THE OFFICIAL
TAX MAP OF THE CITY OF DENTON. TEXAS, AND MORE PARTICULARLY DESCRIBED
THEREIN; AND DECLARING AN EFFECTIVE DATE.
!lotion was made by Stephens, seconded by Hensley that
the Ordinance be passed. On roll call vote Vela "aye", Hensley "are",
Stephens "aye" and Nash "aye". Motion carried.
(C) ORDINANCE 090-7
AN ORDINANCE AMENDING THE -,OWING ALIP OF THE CITY OF DENTON. TEXAS,
AS SAME hAS ADOPTED AS AN APPENDIX TO IRE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69.1, AND AS SAID Kkl)
APPLIES TO APPROXIMATELY 9.700 ACRES OF LAND, AS SHOWN' THIS DATE ON
THE OFFICIAL TAX MA? OF THE CITY OF DENTLN, TEXAS, AND MORE PARTICU-
LARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE.
!lotion was made by Hensley, seconded by Nash that the
Ordinance be passed. On roll call vote vet: "aye", Hensley "aye",
Stephens "aye" and Nash "Ave". Motion carried.
(D) ORDINANCE 'BD-1
AN ORDINANCE AMENDING THE 'OWING SLIP OF THE CITY OF DENTON, TEXAS,
AS SAME WAS ADOPTED AS kN APPENDIX TO THE CODE OF ORDINANCES OF 1'HE
CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69.1, AND AS SAID !LAP APPLIES
TO CITY LOTS 1, 10 AND 11 OF BLOCK 1'1, AS SHORN THIS DATE ON THE
OFFICIAL TAX %kP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY
DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE.
Council Member Hensley abstslned from voting because of
economic interest as 1/9 owner of an estate.
Motion was made by Nash, seconded by Stephens that the
Ordinance be passed. On roll call vote Vela "aye", Stephens "aye"
and Nash "aye". Motion carried with Hensley abstaining.
3. Motion was made by Stephens, seconded by Vo la to table
consideration of adjustments to the Tax Roll for uncollectable
accounts. Motion carried.
4. the Council considered apfrovin a contract with Joe Below
fo: temporary water service outside the City limits.
a
Ma or Nash abstained because of engineering work. Mayor
Pro Tem Stephens took the chair.
Utilities Director
has
requested
line t to service s a n deadvised velopment a on }f I.3Sh l south
of the Denton City limits, and that he is in 'he process of annexing
the property, and that he and Bob Jones, ad'oi•Lng land owner, are to
install the necessary utility lines to the p:o;arty. He added that
there would be no cost to the City for the line.
Motion was made by Hensley, seconded by Vela to approve
the request of Joe below for a 2" water line for temporary water
service outside the City limits as recommended by the Utilities Board.
K90.ion carried.
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PFtNr
YoNIPS THE STATE OF TEXAS, KNOW ALL 3IEN BY TIIES PENACETS;6~8
, COUNTY OF DENTON
THAT Eugenia Porter Rayzor DEED RECORDS aAJL35
I
of Denton County, Texas , In egnAideration of the eum of
Ore Dollar ($1.J) and no/100--------------------- a
and other good irfd valuable consideration ~
In hand paid by The City of Denton, Texas receipt of which Is hereby acknowledged, do by
these presputs grant, hargain, 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, j
owned by her . Situated in Denton County, Texas, In the
Robert Beaumont durvey, Abstract No. 31
All that certain lot, tract or parcel of land lying and being siutated in the City and County of j
Denton, State of lexos, and being part of the Robert Beaumont Survey, Abstract No. 31, and
being part of a -tract of land as conveyed From Jess Newton Rayzor et al to Eugenia Porter
Royzor by Deed doted February 12, 1976 and recorded in Volume 775, Page 112 of the Deed
Records of Denton County, Texas, and more particularly described as follows;
COMMENCING at the southeast corner of a tract of land described as tract two of paragraph
one; THENCE north 88034' west along the south boundary Ilne of sold tract, a distance of
20.00 feet to a place of beginning; THENCE north 880 34' west along t4,- south boundary line
of said tract a distance of 231.93 feet to a point, said point being the southwest corner of
said tract; THENCE north 0059' east, gang the west boundary line of said tract, a distance of
20.00 feet to a point; THENCE south 88034' east 20.00 feet north of and parallel to the south
boundary line of said tract, a distance of 231,87 feet to a point; THENCE south 00049' west,
20.00 feet west arf and parallel to the east boundary line of said tract, a distance of 20.00 feet
to place of beginning and contoinine 4,637,84 square feet of land more or less, j
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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 cnd perpetually maintaining pl,blic utilities
In, along, upon and
across said premises, with the right and privilege at all times of the grantee herein, his or its agents, i
employees, workmen and representatives having Ingress, egress, and regress in, &!ong upon and across
said premises for the purpose of making additions to, Improvements on and repairs to the said
public utilities, or
any part thereof.
To HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described,
witness my hand , this the .2 day of ?~-Gr+~ 'y , A. D. 1950. .
EU ENIA PORTER A ZOR
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, ` BEFORE ME, the undersigned authority,
COUNTY OF_-Denton j
Eugenia and for said County, Texas on this day Porter Ra.YZor
Personallyappeared
,.tir.....e.fy j~~ _
_
l~dbybll•~b{tZei o ~ ,trsaon whosename_. subscribed to the foregoing instrumeil'hnel acknowledged to me
ilt i ie some for the purposes and consideration therein expressed.
{ a1yjj( , ilFt 1Y I[AND AND SEAL OF OFFICE, This . 4 f day of, ell-Lt G"!~9', A D. 1980__
,t .
a^Ze- t[.,, a'O.cL~.
Notary I'ublrq )C/dl-6 7i v County, Texas
My commission Exni•cs ianv~l, PO y0
JOINT ACKNOWIXOGIF:NT
THk STATE OF TEXAS, RFFORE MF, the un,iersigned authority,
COUNTY OF _
in slid for said County, Texas, on this tiny potsonally appeared
and
his wife, both know n to we to be the pcrs,ais u hale namrs arc rnLscri!n d t.r tl,e for v,ing instrument, and acknowedge_d
to me that thty eneh executed the same for the 1,urpo;e.4 and ~w, i.1 n Ih.rain cxlnoxed, and l;e said
. giro of the e;ri.; having been
e•,amined by me privily and apart fn m her husband, and having th., rants f.rily rvt!ei...I to her, Ow, the said
nc min 1~ ic. %,i, h i-,-trnrm1 of to 1,e her act and deed
and she declared that she had willingly slgTwd the same fi,r the pure, svs ni d njns:dk r wh n th,r. in r xpressed, and that
she did not wish to retract it,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day t.f A.D. 19
(L.S.►
Nrdery Puidlr. County, Texas
My Cnnunl.siun Explicit June 1, 1D
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS, 1
i 11b:FOkF: 11 F', thr unle:rrKnrrl ou!hority,
COUNTY OF
in and for said County, Texar, on this duy jersonally upprared
, aifr of
known to me to be tat person uh,rre r;o,rr Ir sub=cnN,I to the f.-rig;,ing inrtrunsent, arc,] ha,ing tarn,tan inc.l by we privily
and apart from her huxbar,l, and having the ,ante fully expinin-•.1 to her, she, the said
nrknnwl.dged rurh in.trumrnt to M her t~t and dvtA, rind
she declared that she had willingly rigacd the rame f.Nr the purl s, a and consi b roil n thrtrin expn ssod, and that she did
not wish to retract it.
GIVEN CPIDER MY HAND AND SFAL OF OFFICF,This day of , A 1). 19
(L.S.)
Notary Public, County, Texas
_ My Comml.slon Expires June 1, 19.
CLERK'S ~~1TE
THE STATE OF TEXAS, I I mum am OWN co,,ltt,f ~ , County
COUNTY OF. IL . . I I"tartly ibt IMis laslrt nead ass r61 a me
Clerk of the County Court of said County, do hereby ~1•r~YMp~tIylAo~g{M~ashderse~rriting dated on the
Ifni
day of , AsfAetaCeung.`l {t~. n"fig ntiration, au 011 for
record in my office on the. day of A0#9 e,~,,,~tt o clock M., and duly
recorded this. day of _ A. 1 , 19 at o'clock U., In the
. .
.WITNES3 MY HAND AND BE R r I~ 30i m , on page,
L AL OF THE COUN1 a' of geld C .
_ the day an year leaf above written
. ONM CWK, Daft Cottsly, fair
County Clerk County, Texas,
(L. K) By Deputy,
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A-96- VARRANTY DEED-With Geaerai end Corpondoo AcLmwled`mena MARTIN Sq iodep eo,. DAD"
THE STATE OF TEXAS v040.1 EAcE 228
'
COtTNTY OF......DENTON..,.,.,,,.,.„_,,,,_„.. Know All Men By These Presents:
DEED RECORDS
That Texas Power and Light Company ii128
of the County of Denton , State of Texas for and in consideration of
the sum of Ten and no/100 and other gocd and valuable consideration ($10.00)
DOLLARS,
cash
to it inhandpaidby the City of Denton, Texas
have Granted, Sold and Conveyed, and by these presents do Grant, Selland Convey unto the said Ci ty of Denton,
Texas
of the County of Denton , State of Texas all that certain
lot, tract or parcel of land lying and being situated in the City and
County of Denton, State of Texas, and being part of the S. C. Hiram
Survey, Abstract No. 616, and also being part of a tract of land as
conveyed from J. B. Duncan and Clara May Duncan to Texas Power and Light
Company by deed dated July 18, 1924, an recorded in Volume 193, Page 336
of the Deed Records of Denton County, Texas and more particularly
described as follows:
BEGINNING in the north boundary line of said tract said point of
beginning lying in the east right of way line of Duncan Street and also
beingg the southwest corner of a tract of land as conveyed by Morty
Preedman, at al to Addison Lee Phluger, Trustee by deed dated November
190 1974, and recorded in Volume 727, Page 366 of the Deed Records of
Denton County, Texas;
THENCE south 850 44' 20+' east with the north boundary line of said
Texas Power and Light Company tract, same being the south boundary line
of L,)t 1, Block A of the Shady Oaks Industrial Park a distance of 40 feet
to a point for a corner;
THENCE south 470 21' 47" east a distance of 106 feet, more or less, to +
a point for a corner in the west right of way line of Willow Springs
Drive;
THENCE southwest with the west right of way line of willow Springs Drive
a distance of 10 feet, more or less, to a point for a corner in the south
boundary line of said Texas Power and Light Company tract said point also
being ttte northeast corner of a tract of land as conveyed by William A,
1
1
Hutchins, Trustee to Oak Cliff Savings and Loan Association by deed date
July 2, 197r, and recorded in Volume 750, Page 702 of the Deed Records o
Denton County, Texas;
THENCE north 870 401 4711 west with the south boundary li::e of sai
Texas Power and Light Company tract same being the north boundary line o
said Oak Cliff Savings and Loan Association tract a distance of 57.1
feet to a point for a corr.-.r; '
THENCE north 470 211 47" blest a distance of 77 feet, more or less, to
point for a corner in the east right of way line of Duncan Street;
THENCE northerly with the east right of way line of Duncan Street
distance of 28 feet, more or less, to the place of beginning an
containing 5,191.83 square feet of land, more or less.
TO HAVR AND TO HOLD the above described premises, togtther ■ith all and singular, the rights and
appurtenances thereto in anywise belonging unto the uld City of Penton, Texas
YAVI and assigns forever; and i t do hereby bind its successors
a", executors and administrators, to %Vsrrani and Forever Defend all anti singular the said premises unto the
said City of Denton, Texas
I
*jdly and assigns against every person whonuoevu lawfully claiming, or to claim the sane, or any part
thueo& by through and under Grantor, but not otherwise.
the execution hereof
yyit ~b 761Df i1 Dallas County, Texas this day of
A.D. 19
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TEXAS POWER
_ LIGHT COMPANY
..,~rSl " BY;..........r~`~""..... ,
,
ecretsry Gerson Berman, Vice Prasydan
I.........
. . tff tau 2~9
.
THE STATE OF TEXAS, ACKNOWLEDGMENT vo~1012 PACE 230
BEFORE ME, the undersigned authority,
COUNTY OF......_.._._............___...___.,_
in and for said County, Texas, on this day personally appeared
known to me to be the person wbose name............ . subscribed to the foregoing Lrstrument, and acknowledged to roe that
he_....... exrcu:e,4 the same for the purr"-% and consideration therein rxpres.-ed.
GIVE` UNDER MY HAND AND SEAL OF OFFICE, Thls ................................day of..._................................................ A. D. 10..............
IL.S.7
Notary Public County, Texas
Dfy Commission Expire June , 10..........
ACKNOWLEDGMENT
THE STATE OF TEXAS
BEFORE ME, the undersigned authority,
COUNTY OF...................................
In and for Fald 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
_..._.he.......... execged the same for the purpose and consideration therein expressed ~
GIVEN UNDER DIY HAND AND SEAL OF OFFICE. 'nh.................. day oL............................... A. D.19........w..
IL.S.f
Notary Public County, Texas
My Comm1mion Expires June _ 19..........
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS,
BEFORE ME, the undersigned authority,
COUNTY OF__.... k1)M ......,-DALLAS....
in and for said County, Texas, on this day personally appeared
_._.......Gerson..B.exman,....V ,c.e...Pre'sident known to me to be the person and officer
~1,(~Ilstnt t[,~ ~t tGto the ampanyn Instrument and acknowledged to. me that the same wan the ad of the add........ T.G.XaS........
a 4 iovq;r4don sal. executed the same as the ad of such corporation for the purposes and coas ons.i..denatiati Voa therein expressesedd_........_.
, and In
It tit agar Ihere[gita~'
e, + 01V X VT> 4b ]Y HAND AND SEAL OF OFFICE, This ...........a~. .........~a of.... A. D. 19A..._
. f 1
R.
` , • , V. PERRY N" Isam Notary Public U 4 CDALLAS County, Te
f..
! f A D ` tn. f nnnt/. Textia My Commission Expires June..._...~.......3 ~ 19R.
THE STA'L'E OF TEXAS,
COVNTV OF__....:..: :
County Ckik of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the..................
. .............._........_...day of................ A.D. 10..........., with its Certificate of Authentlcatlon, was filed for record In my office
on the..... .._..__.....day of A.D. 19................, sit- ...,.........,o'clock ................M,. and wu duly recorded this........,.,........
I
day of._._._.._..._............„ A.D. 19............, at....... o'clock M., In the Records of said County, In Vol.
WITNESS my hand and seal of the County Court of raid County, at my office ln...... .
.the day and year last above written.
....W_.................... .
A
Clerk County Court County, Texas
(L5.7 By..._....._....... _ Deputy.
TCZ 30Yd ZTO `•10A
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STATE OF 119AS COUNTY or UEN1U[f
cc,,J loY CILa'R. Drt-n County, Tcxes
I harcby r,Pc, 'fi,t t''i's Intr'umcnt was (Itd on 114
Cote and t ~ . h u.•-❑ by me and vas duly re-
corded in t'c; m~u G"s r'f the ramed retards
of Oerdnn Cc,.ui,//. T r• 1 hcrcars by tree.
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CUUNIY CLt.RA. Denton County, T4YM
WATER & SEWER LINE AGREEMENT
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THIS AGREEMENT made and entered into the day of 19
between Joe Belew, P.O. Box 1188, 525 Sout Locust Street, Denton,
Texas, a developer who is planning to develop a tract of land at 2001
I-35W as shown on attached plat, and the City of Denton Utilities
Department) and, ,
WHEREAS, Joe Belew, the developer, wishes to serve this development
with water and sewer from the City of Denton's utilities system] and,
WHEREAS, Joe Belew agrees through a joint venture with Bob Jones, a
land owner adjoining this property, will Install permanent water and
sewer mains meeting the City of Denton specifications to serve this
development within one hundred twenty (120) days from the date this
Agreement is signed= and,
WHEREAS, this property, at the present time, is outside the City
limits] and,
WHEREAS, Mr. Joe Belew has petitioned the City of Denton for
annexation) and,
WHEREAS, Mr. Belew has also requested a temporary 2" water connection
to be used until the permanent line is installed.
THEREFORE, the Utilities Department '*agrees to furnish this temporary
connection with the understanding that if the permanent lines are not
installed within the one hundred twenty (120) days and annexation is
not completed, temporary service will be discontinued. Mr. Belew
agrees to accept full responsibility for the construction, maintenance
or any damage that might be caused by the temporary line.
CITY OF DENTON
r
BY: /
R.E. Nelson,
Director of Utilitie9
ATTEST.
EVELOPERi
Joe a ew
DEVELOPER
Bob Jone
ATTEST=
~1
ti
NO. 8~~1
AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE
CITY OF' DENTON, TEXAS, ON APRIL 5, 19801 FOR THE PURPOSE OF
ELECTING A MAYOR AND THREE COUNCILPERSONS TO THE CITY COUNCIL OF
THE CITY OF DENTON, TEXAS; ORDERING THAT THE PUNCH CARD
ELECTRONIC VOTING SYSTEM ADOPTED BY DENTON COUNTY BE USED IN
SAID ELECTION; APPOINTING ELECTION OFFICIALS AND PROVIDING FOR
ELECTION SUPPLIES.
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
Pursuant to the terms and provisions of Section 3.01 of the
Charter of the City of Denton, Texas, a municipal election is
hereby ordered held in the City of Denton, Texas on the 5th day
of April, 1980, for the purpose of electing the mayor and three
(3) councilpersons to the City Council of the City of Denton,
Texas, as follows:
Place 7 - The Mayor to be elected for a two (2) year term.
Place 6 - Councilperson to be elected for a two (2) year
term. Candidates for Place 6 must reside in
Single Member District 3 or 4.
Place 5 - Councilperson to be elected for a two (2) year
term. Car,didates for Place 5 must reside in
Single Member District 1 or 2.
Place 4 - Councilperson to be elected for a one (1) year
term.
each to be elected at large by the qualified voters of the City
of Denton.
SECTION II.
The polls for said election on April S, 1980 shall be open
from 700 A.M. to 700 P.M.
SECTION III.
The election voting place for said election on April 5, 1980
shall be as followsr
IN THE COMMUNITY BUILDING IN THE
CIVIC CENTER ON EAST MCKINNEY STREET
IN THE CITY OF DENTON, TEXAS
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SECTION IV.
The election officials for said election on April 5, 1980
shall be as follows:
1. Lee Knox, Presiding Judge.
2. Bob Miller, Alternate Presiding Judge.
at the Community Building on East McKinney street.
3. Brooks Holt, City Secretary shall conduct absentee voting
under the Texas Election Code.
4. (a) Lona May McClendon shall be the Presiding
Judge at the Central Counting Station.
(b) Joann Garbacik shall be the Manager of
the Central Count ng Stat on.
(c) Marilyn Robinson shall be the Tabulation
Supervisor at the Central Counting Station.
The respective Presiding Judge of each voting place and the
Central Counting Station shall be authorized to appoint a
sufficient number of Clerks ais they may deem necessary to assist
them in said election, including bilingual assistants as
required by law.
SECTION V.
Absentee voting shall be conducted by the Office of the City
Secretary in the municipal building on East McKinney Street in
the City of Denton, Texas, and the polls for absentee voting
shall be open for voting in person between the hour of 8:00 A.M.
and 5:00 P.M. Monday through Friday during the times allowed for
absentee voting.
SECTION VI.
The City Secretary is hereby authorized to prepare the
official ballot for said election and perform each and every act
required by the Charter and laws of the State of Texas for
holding elections,
SECTION VII0
it is further ordered that the punch card electronic voting
system adopted by Denton County be used in said election in
ELECTION ORDINANCE - PAGE 2
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accordance with the term and provisions of Article 7.15 of the
Texas Election Code. The punch card electronic voting system
shall be used for acsentee voting in person and by mail and at
the polling place at the Municipal Building at the election on
April 5, 1980.
PASSED AND APPROVED this the A- day of Lam" ,
A. D. 1980.
BILL NASR, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
I
BR S BOLT, CIT S CRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: ~
ELECTION ORDINANCE - PAGE 3
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NO. _oOO
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE 0?
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11
AND AS SAID MAP APPLIES TO APPROXIMATELY 17.351 ACRES OF,J,AND,
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 Agricultural "A" and Multi-Family Restricted 'IMF-R"
Districts 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 co said property as Multi-Family
"MF-1" District in the same ma!,ner as other property located in
the Multi-Family "MF-1" District and more particularly
described as follows;
All that certain tract or parcel of land situated in the County
of Denton, State of Texas, in the B.B.° 6 C.R.A. Company
Survey, Abstract No. 186, Denton County, Ttr_a, being part of a
23.52 acre tract deeded to Lucy Martin on October 8, 1955,
recorded in Volume 416, Page 218, Deed Records of said County,
and being more particularly described as follows:
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BEGINNING at a steel pin on the north line of said 23.52 acre
tract at a point south 880 17' east 80.7 feet from a fence
corner at the northwest corner of said 23.52 acres;
THENCE south 880 17' east with a fence 520.1 feet to a fence
corner at the northeast corner of said tract;
THENCE south 20 19' west with a fence on the east line of
said tract 1423.15 feet to a steel pin at the northeast corner
of a 5 acre tract;
A 4
THEE*CE north 870 41' west 530.7 feet to a steel pin at ti«
northwest corner of said 5 acres in the middle of a 60 foot
wide road easement;
THENCE north 20 19' east with the middle of said easement
1422.68 feet to the place of beginning, containing in all
17.351 acres of land, more or less, there being a 30 foot wide
road easement along the entire west line of this tract.
SECTION II.
That the City Council of the City of Denton, Texas hereby
finds that such change is it accordance with a comprehensive
plan for the purpose of promoting the general welfare of the
City of Denton, Texas, and with reauonable consideration, among
Z-1429 - BENNIE SNIDER - PAGE ONE
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 moot eppropriata uses ^f lard fcr the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore bete 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 s4day of Y ,
A. D. 1980.
IL NA, H, VAY R
CITY OF DENTON, TEXAS
ATTEST: 1
NOOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
a
Z-1429 - BENNIE SNIDER - PATE TWO
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INDEPENDENT CONTRACTOR'S AGREEMENT
111E STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON )
The City of Denton, Texas, a Municipal Home Rule City
situated in Denton County, Texas, hereinafter called "City",
acting herein by and through its City Manager, and Donald
Chipman, hereinafter called Contractor, hereby mutually agree as
follows:
1. SERVICES TO BE PERFORMED: City hereby retains
Contractor to perform the hereinafter designated services and
Contractor agrees to perform the following services:
A. Pick up all trash (paper, cans, bottles, etc.) that is
present in the spectator area and dug out areas at each
park site: Denis, Bronco, Mack, Evers, Strickland, and
North Lake.
B. Place trash in green dumpsters at Park sites.
C. Empty all trash cans in the spectator area and dug out
areas; place in plastic bags, if needed.
D. Maintenance of fivo soccer fields during the off seasons.
1. Water fields once a week if needed.
2. Fill holes in the playing fields.
3. Reseed of bear area on the fields.
E. Clean restrooms at Denis, Evers, Mack, and North Lake
Bail Parks.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services verformed hereunder as follows:
A. Amount of Payments for Services:
Six Dollars ($6.00) per hour for one person not to
exceed 3S hours per week, and Contractor will be paid for three
(3) helpers at Three Dollars and Ten Cents ($3.10) per hour not
to exceed 2S hours for each helper per week, for 14 weeks.
B. Transportation Costs:
Transporation costs will be at a rate of twenty
cents (204) per mile from the point of the first job site to the
last job site each working day.
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 1
C. Dates of Payments:
May 02, 1980
May 16, 1980
May 30, 1980
June 13, 1980
June 27, 1980
July 11, 1980
July 25, 1980
August 8, 1980
3. SUPERVISION AND CONTROL BY CITY: It is mutually
understood and agreed by and between City and Contractor that
Contractor is an independent Contractor and shall not be deemed
to be or considered an employee of the City of De<<ton, Texas for
the purposes of income tax, withholding, social security taxes,
vacation or sick leave benefits, or any other City employee
benefit. The City shall not have supervision and control of
Contractor or any employee of Contractor, but it is expressly
understood that Contractor shall perform the services hereunder
at the direction of and to the satisfaction of the City Manager
of the City of Denton or his designee under this agreement,
4. SOURCE OF FUNDS: All payments to Contractor undt+r this
agreement are to be paid by the City from funds appropriated by
the City Council for such purposes in the Budget of the City of
Denton.
S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City
agrees to furnish to Contracto: the following services and/or
supplies:
A, Provide plastic bags for containers.
B. Provide three rakes.
C. Provide the necessary trash containers at each site.
D. Provide grass seed for soccer fields.
B. Provide fill dirt for holes,
P. Provide water sprinklers.
G. Provide all supplies necessary for cleaning restrooms at
ball parks,
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2
6. INSURANCE: Contractor shall provide at his own cost and
expense workmen's compensation insurance, liability insurance,
and all other insurance necessary to protect Contractor in the
operation of Contractor's business.
7. CANCELLATION: City reserves the right to cancel this
Agreement at any time by giving Contractor thirty (30) days
written notice of its intention to cancel this Agreement.
8. TERM OF CONTRACT: This Agreement shall commence on the
28th day of April, 1980, and end on the 22nd day of August, 1980.
EXECUTED the this 5tU _ day of 1980.
CITY OF ENTON, ERAS
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BY:
ATTEST:
/
Auot04
CITY SECRETM
APPROVED AS TO LEGAL FORM
C. J. TAYLOR$ JR., CITY ATTORNEY
BY: C
DONALD CHIPMAN, CONTRACTOR
BY: _ fkxatj&eWdi
Don Chipman, Maintenance of Athletic Fields, is hereby
designated as the person to administer the provision of this
agreement.
IjAT B7~~f>
INDEPENDENT CONTRACTORS AGREEMENT - PAGB 3
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INDEPENDENT CONTRACTOR'S AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
The City of Denton, Texas, a Municipal Home Rule City
situated in Denton County, Texas, hereinafter called "City",
acting herein by and through its City Manager, and Donald
Chipman, hereinafter called Contractor, hereby mutually agree as
follows:
1, SERVICES TO BE PERFORMED: City hereby retains
Contractor to perform the hereinafter designated services and
Contractor agrees to perform the following services:
Maintenance of five (5) soccer fields located at Mack Park,
Denia Park, Southridge Park, and Shultz Park as follows:
A. Mark and line the game soccer fields once each week:
2 fields at Denia Park
1 field at Mack Park
1 field at Southridge Park
1 field at Shultz Park.
B. Water the five (5) game fields once at week if needed.
C. Fill holes on the fields when needed.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
A. Amount of Payments for Services:
Contractor will be paid $6.00 per hour not to exceed
fourteen (14) hours per week, and contractor will be paid $3.10
per hour for each helper, provided that paymert for one or more
helpers shall not exceed a total of six (6) hours per week upon
pay request sheets and vehicle mileage trip sheets turned into
the Director of the Parks and Recreation Department.
Do Transportation Costst
Contractor will be paid twenty cents (200) per mile
°rom the point of the first job site (park site) to the last job
site (park site) for eact, working day.
C. Dates of Payments:
Contractor will be paid every two (2) weeks for
services performed.
3. SUPZRVISION AND CONTROL BY CITY: It is mutually
understood and agreed by and between City and Contractor that
Contractor is an independent Contractor and shall not be deemed
to be or considered an employee of the City of Denton, Texas for
the purposes of income tax, withholding, social security taxes,
vacation or sick leave benefits, or any other City employee
benefit. The City shall not have supervision and control of
I
Contractor or any employee of Contractor, but it is expressly
understood that Contractor shall perform the services hereunder
at the direction of and to the satisfaction of the City Manager
of the City of Denton or his designee under this agreement.
4. SOURCE OF FUNDSs All payments to Contractor under this
agreement are to be paid by the City from funds appropriated by
the City Council for such purposes in the Budget of the City of
Denton.
5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City
agrees to furnish to Contractor the following services and/or
supplieas
1. Furnish all marking equipment.
2. Furnish all marking dust.
3. Furnish all dirt.
4. Will mow fields as needed.
5. Will fertilize once in the Spring.
f+. Will spray fields for weeds and grasp burrs.
7. Furnish one, one hundred foot tape.
9, Furnish one, three hundred foot roll of spring.
9, 2 Stakes.
10. Will set all control points on the five fields.
11, Provide storage space at all park sites except Nette
Shultz,
12. Payment request sheets and payment schedules.
6. INSURANCE: Contractor shall provide at his own cost
and expense workmen's compensation insurance, liability
insurance, and all other insurance necessary to protect
Contractor in the operation of Contractor's business.
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2
7. CANCELLATION: City reserves the right to cancel this
Agreement at any time by giving Contractor thirty (30) days
written not±^_e of its intention to canarl this Agreement.
8. TERM OF CONTRACT: This Agreement shall commence on the
20th day of February, 1980, and end on the 31st day of May, 1980.
EXECUTED the this day of 1980,
CITY NTO , AS
BY:
CITY MANAGER
ATTE s
TY SECRETARY
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
Sys ~ l+^
DONALD CHIPMAN, CONTRACTOR
BYi
The Director of the Parks and Recreation Department, is
hereby designated as the person to administer the provision of
this agreement.
ITY MANAG R
hho
DATE
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 3
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INDEPENDENT CONTP.ACTOR'S AGREEMENT
THE STATE OF TEXAS (
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON )
The City of Denton, Texas, a Municipal Home Rule City
situated in Denton County, Texas, hereinafter called "City",
acting herein by and through its City Manager, and Cathy A.
Avery, hereinafter called Contractor, hereby mutually agree as
follows:
1. SERVICES TO BE PERFORMED: City hereby retains
Contractor to perform the hereinafter designated services and
Contractor agrees to perform the following services:
Contractor is to perform t'Ne duties of "Tennis Supervisor"
for the "City" and the City of Denton Parks and Recreation
Department as an Independent Contractor.
A. Tennis Supervisor - Duties and obligations of
Contractor and duties and obligations of City.
City and Contractor agree as follows:
1. A monthly report of activities and attendance
shall be given to the Superintendent of
Recreation at the end of each contract
month. In addition, an Annual Report shall
be written after the ten (10) month contract
year and shall be a composite of the ten (10)
monthly reports.
2, The Parks and Recreation Departmefrc will be
responsible for printing and advertising
costs which are related to the Tennis
program. Cathy A. Avery will be responsible
for submitting to the Superintendent of
Recreation newspaper articles relating to all
phases of the program,
3. Maximum enrollment for all classes will be
established by the Tennis Supervisor with the
Parks and Recreation Department approval and
will be determined according to age and
ability, Classes which exceed maximum
enrollment may indicate need for an
additional contract employee on an 808-208
split fee basis. 808 of gross receipts shall
go to that employee and 201 shall go to the
Parks and Recreation Department. Cathy A.
Avery will be responsible for recruiting and
scheduling that person.
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 1
4. Contractor will issue receipts for all money
received as a part of the Tennis Program. She
will follow proper cash reporting procedures
as indicated by departmental policy.
5. Responsibility for utilization of court space
will be that of the superintendent of
recreation. Any additional use other than
regularly scheduled Parks and Recreation
classes, leagues, tournaments will be under
Parks and Recreation Department authority and
shall be referred to the Superintendent of
Recreation.
o. All regularly scheduled registration for
classes and leagues will be done at the
Tennis Center and will be performed by the
Tennis Supervisor.
7. All fees and monies collected will be
received and receipted by the Tennis
Supervisor.
•
8. Parks and Recreation has the right to set
fees, charges, and enrollment limits for all
classes and leagues.
9. The recreation specialist must notify the
Superintendent of Recreation in advance if a
scheduled class cannot meet on time or if she
will be unable to attend the class.
10. The recreation specialist must report
attendance and other activities in a daily
log.
11. if the Tennis Supervisor is not going to b,2
able to attend a class, it is his respon-
sibility to notify all enrollees of the
cancellation and of the makeup date.
12. Whenever possible, all classes which are
missed will be made up as soon as possible.
13. The Tennis Supervisor must maintain a current
record of the participants who are enrolled
in his classes and leagues.
14. Class schedules and basis course content must
be approved by the Superintendent of
Recreation no later than two (2) weeks prior
to the start of the season.
15. The Tennis Supervisor is responsible for
operating her program according to all Parks
and Recreation policies and rules.
16. The Tennis Supervisor is an indeppendent
contractor and the City of Denton 1,as no
responsibility for neglig nt acts or
omissions by her.
17. The Tennis Supervisor agrees to indemnify and
hold harmless the City of Denton for any of
her negligent acts.
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2
18. Other than educational information which must
be approved by the Superintendent of
Recreation, no printed materials may be
released through Parks and Recreation
Department classes without approval from the
Superintendent of Recreation.
19. The Tennis Supervisor is under the direct
supervision of the Superintendent of
Recreation.
20. Arrangements for special needs and supplies
as well as all printed information must be
made with the Superintendent of Recreation.
21. The Tennis Supervisor is responsible for
setting up their instruction area and for
returning it to its original condition after
the activity. Participants may assist.
22. The Tennis Supervisor's programs and
activities are subject to periodic review by
Parks and Recreation. The Superintendent of
Recreation will arrange an appointment with
the specialist to discuss performance and
programs.
23. The Tennis Supervisor may not permit
individuals who have not properly enrolled
and paid the registration fee to attend
activities.
24. Although a recreation specialist is not a
regular City of Denton employee, she is a
representative of the Department and is
expected to conduct herself accordingly.
B. Tennis Tournaments - Duties and obligations of
contractor ar4l city.
City and Contractor agree as follows:
Cathy A. Avery is employed by the City of
Denton, Parks and Recreation Department to
conduct not less than twelve (12) or more than
sixteen (16) Tennis Tournaments during the time
period beginning February 18, 1980 and ending
December 12, 1980.
One hundred percent of the gross receipts less
trophy and award costs, for each of these
tournaments shall be paid to Cathy A. Avery as
Tennis Supervisor. All money received will be
properly receipted and reported according to
departmental policy. From these receipts,
expenses and other costs for the tournament
shall be paid for by her. A City of Denton
purchase order will be issued for all trophies
an wards and Parks and Recreation Department
will deduct that cost from the 100% and return
the remainder to Cathy A. Avery.
INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 3
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After each tournament Cathy Avery will present a
written financial statement to the Superin-
tendent of Recreation which will outline and
delineate income and outgo for the tournament.
Attendance figures and participation figures
wi.11 also be included in this repoLc, in the
monthly report and in the annual report.
Contractor shall be liable for the payment of
income taxes and the City will not be required
to withhold for income tax purposes or for any
other tax purposes unless required by a state or
federal law for such contract employees.
2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay
Contractor for the services performed hereunder as follows:
A. Amount of Payments for Servil:es:
City shall pay Contractor $1,100 per month during
the term of this contract, not to exceed $11,000.00. Payment
shall be made on the first Monday of each month, with the first
payment to be made on March 3, 1980, plus other fees provided
for herein.
3. SUPERVISION AND CONTROL BY CITY: It Is mutually
understood and agreed by and between City and Contractor that °
Contractor is an independent Contractor and shall not be deemed
to be or considered an employee of the City of Denson, Texas for
the purposes of income tax, withholding, social security taxes,
vacation or sick leave benefits, or any other City employee
benefit. The City shall not have supervision and control of
Contractor or any employee of Contractor, but it is expressly
understood that Contractor shall perform the services hereunder
at the direction of and to the satisfaction of the City Manager
of the City of Denton or his designee under this agreement.
4. SOURCE OF FUNDSs All payments to Contractor under this
agreement are to be paid by the City from funds appropriated by
the City Council for such purposes in the Budget of the City of
Denton.
5. INSURANCd: Contractor shall provide at his own cost and
expense workmen's compensation insurance, liability insurance,
and all other insurance necessary to protect Contractor in the
operation of Contractor's business.
INDEPENDENT" CONTRACTOR'S AGREEMENT - PAGE 4
6. CANCELLATION: City reserves the right to cancel this
Agreement at any time by giving Contractor thirty (30) days
written notice of its intention to cancel this Agreement.
7. TERM OF CONTRACT: This Agreement shall commence on the
18th day of February, 1980, and end on the 12th day of December,
1980.
EXECUTED the this StAA, day of X10 1980.
CITa TON AS
BY:
CITY MANAG
ATTEST:
1-.0e A~~
CITY SECRETARY
APPROVED AS TO LEGAL FORM
C. J.T`AYLOR, JR., CITY ATTORNEY
BY: C_.
7
CATHY /A` AVERY, CONTRACTOR
BYt hn 4
. , is
,z xU I Le~t-~ hereby designated as th person to administer the provision of
this agreement.
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CI NAGER (1~
DATE
INDEPENDENT CONTRACTOR'S AGREEMENT PAGE 5
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1 ORDINANCE NO. 8~ _g
AN ORDINANCE CREATING AND DESCRIBING FOUR SINGLE MEMBER ELECTION
DISTRICTS IN THE CITY OF DENTON, TEXAS; DETERMINING THE POPULATION
pF THE CITY (IF PE';TON AND OF EACH SINGLE MEMBER DISTRICT; AND
PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE FROM AND AFTER
THE DATE OF PASSAGE OF THIS ORDINANCE.
Whereas, Section 2.01(d) of Article II of the Charter of the
City of Denton, Texas as amended by the qualified voters of the city
on January 19, 1980, requires that the city council divide the city
into four single member election districts for the election of
members of the city council; Now Therefore;
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION I.
The City of Denton, Texas is hereby divided into four single
member geographic election districts. Such single members
^ographic election districts are hereby created and described as
flows:
District 1.
Single members geographic election district Number 1 shall
include the following Denton County, Texas election precincts as now
or hereafter established by the Commissioners' Court of Denton
County, Texas, to-wit:
Precinct 1G Containing 1372 Persons
Precinct 1K Containing 2742 Persons
Precinct 2S Containing 1043 Persons
Precinct 2V Containing 1634 Persons
Precinct 41, Containing 1459 Persons
Precinct 4M Containing 3043 Persons
Precinct 4H Containing 1329 Persons
Precinct ID Containing None
Total 12,662 Persons
or any part of any such precincts now or hereafter annexed as a part
of the corporate limits of the City of Denton, Texas.
District 2.
Single members geographic election district Number 2 shall
include the following Denton County, Texas election precincts as now
or hereafter established by the Commissioners' Court of Denton
County, Texas, to-wit:
Precinct 1J Containing 2443 Persons
Precinct 1L Containing 1276 Persons
Precinct 1H Containing 2617 Persons
Precinct lE Containing 537 Persons
Precinct IF Containing 2400 Persons
Precinct 41) Containing 2491 Persons
Precinct 1C Containing None
TOTAL 11,764 Persons
or any part of ay ,such precincts now or hereafter annexed as a part
of the corporate llmits of the City of Denton, Texas.
District 3.
Single members geographic election district Number 3 shall
include the following Denton County, Texas election precincts as now
or hereafter established by the Commissioners' Court of Denton
County, Texas, to-wit:
Precinct 1M Containing 3400 Persons
Precinct 4X Containing 2404 Persons
Precinct 4J Containing 3334 Persons
Precinct 4E Containing 1652 Persons
Precinct 4F Containing 961 Persons
Precinct 4C Containing None
Total 11,751 Persons
or any part of any such precincts now or hereafter annexed as a
part of the corporate limits of the City of Denton, Texas.
District 4.
Single members geographic election district Number 4 shall
include the following Denton County, Texas election precincts as now
or hereafter established by the Commissioners' Court of Denton
County, Texas, to-wit:
Precinct 3H Containing 4767 Persons
Precinct 3G Containing 2919 Persons
Precinct 3F Containing 3164 Persons
Precinct 4G Containing 3086 Persons
Precinct 3B Containing None
Precinct 3E Containing None
Precinct 3M Containing None
Precinct 2L Containing None
Precinct 2R Containing None
Precinct 2M Containing None
Total 13,936 Persons
or any part of any such precincts now or hereafter annexed as a
part of the corporate limits of the City of Denton, Texas.
SECTION II,
The population of the City of Denton, according to the latest
available census data, is found to be approximately 50,073 and the
City Council finds that each single member geographic election
districts herein created contains an approximate equivalent
population.
SECTION III.
This ordinance shall become effective from and after the date of
passage.
PASSED AND APPROVED this the 5th dMu
ary, 1980.
WILT N1 %C=
CITY
OF DENTON, TBXAS
ATTES
a
~4 A~ r~ s
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL rORM
C,J, TAYLOR, JR., CITY ATTORNEY
CITY OF DENTO?', TEXAS
Q~'y
'
C-15
ro 4r
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t L ~ Gn a n t ! i i ^ 6I 1 y'~ ~ ~ uQ-"~ y 4 r ~ ~ ~ .!;}8.~ 1~~~ i
♦ 4 4 y t W i t a,y s~`<> 7 ay e a .1 t 9 ti y. e.
~T~~'~„~~ p ~~F
1 Ni
'u
14
Y a`pp
~ R E S O L U T I O N
a WHEREAS, it is necessary for the City Council to establish
r
standards for travel by members of the City Council on City of
Denton business;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
r.
SECTION I.
No funds of the City of Denton shall he paid out of the City
Treasury for any travel by the mayor or any member of the City
Council, or for any debt or other obligation Incurred by the
mayor or any member of the City Council, unless such travel or
expenditure has been approved by a majority vote of the City
k Council.
SECTION II.
This Resolution shall become effective from and after its
date of passage.
PASSED and APPROVED this the m- oday of ~~1r-4r y ~
A. D. 1980.
l . 02
L NASH, MAYOR
CITY OF DENTON, TEXAS
ATTEST
BROOKS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BYt t.- }
jre
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L 'at
THE STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
OLEO RECOR O
THAT Denton Independent School 15trICt ,Zf;55
of Denton County, Texas , in consideration of the sum of
One Dollar ($1.00) and no/100 - - - - - - - - - - - - and other good and valuable consideration
in hand paid by the Ci t y o f Dent on , Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to t he C i t y o f Denton , Te x a S , the free
and uninterrupted use, liberty and privilege of the pussge In, along, upon and across the following
described property,
owned by them . Situated in Penton County, Texas, In the
R. Beaumont Survey, Abstract No. 31
All that certain lot, tract and parcel of land lying and being situated in
the City and County of Denton, State of Texas, and being part of the R.
Beaumont survey, abstract no. 31, and being part of a tract of land as con-
veyed from J. Newton Rayzor to Denton Independent School District by deed
dated September 23, 1959 and recorded in volume 450, page 260 of the Deed
Records of Denton County, Texas, and more particularly described as follow
BEGINNING at the southeast corner of said tract; THENCE north 68034' west
along the south boundary line of said tract, a distance of 624.16 feet to
a point, said point being the southwest corner of said tract; THENCE north
1030' east along the west boundary line of said tract, same being the east
right-of-way line of Malone Street, a distance of 20.00 feet to a point;
THENCE south BB034' east, 20.00 feet north of and parallel to the south
boundary line of said tract, a distance of 624.16 feet to 3 point in the
east boundary line of said tract; THENCE south 1030' west along the east
boundary line~of said tract, a distance of 20.00 feet to pace of beginnin
and containing 12,483.20 square feet of land more or less.
1
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.
Forthepurposeof constructing, installing, repairing and perpetually main-
taining underground utilities only. 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 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.
r
Witness our hand s , this the /I day of fC/4 a.,' A D 19 Po ,
DENTON 4 QEPENDEN , SCHOOL DIS RICT
VN n a
voa1003 PALE 396
SINGLE ACKNOWLEDGMENT
THE, STATE OF TEXAS,
COUNTY OF DENTON } BEFORE ME, the undersigned authority,
in and for said County, Texas, on this day personsPy appeared Denton_ Independent...SChool_.-DiB.t.x-ict
Dr.. Wi.llimi A. Crawford, President
..ZS
c t o be th e pers,.n dF whose Panic 4Jsulxcribrd to 0 c f rrKoii
Vit K in»trurncnt, and ncknowledgcd to me
r
executed the same for the purp,ars and aro ldr rntlrn thorrin rx ,r ewd,
~~i}.,,• Gl1 }'T~~\D}, It MY HAND Av7 SEAL OF OFFICE, This dsy of`I F., A.D. 19(Y0
N,daty Puh!ir, Denton County, Texas
Sly Cut+mia.i, is }:spirni ~ ► I(J '•SF-rYcr
SINGLE ACK,NOWLF.IHi11ENT
THE STATE OF TEXAS, I
BEFORE COUNTY OF j BEFORE 3f E, the undersigned authority,
!a and for said County, Texas, on Ods day jwrs..nally apprare I
known to me to be the penan Wr .ose name A'], 4, c r•„ rK iL+!i"tA I'l, And arkno r!edy cJ to me
that _ _ he . rxeCated the same for tht purp• fors ar,.l c, nei !.,.!f n therein exnresxed.
GIVEN UNDER MY IIAND AND SEAL OF OFFICE, This day of A.D. 19
(I,
ti. l
N,tary 1'01ir, County, Texas
Nrr mm spi,n Fxp!res June J 19
C010"Ol NOVION ACKNOWLIVAIGMENT
THU STATE OF TE US, 1
NF;FrUI}: l!}', Shr un4rrsi¢ned suthceity.
COU l']~~~~1~ {
Ina f, r + crrl)' ap:' ark,!
"aA C%4; - c n, ^r!gerr
hosr t tFt nt t',e fail
e d
it corporation, and •,I, t. t r f x Ot c -+i•.rnt, of, r 11 r. r{, r.,nxi:•vxt._ I ,F...rein
expreExd, and In 9Yd;Slilf ff,:.t,t I. Is
GJ'W:gWROSP*DN'sill !U!F!l!Q4 OF OFFICE. TF.is , r A.D. 19
"AM M N else PUB wr"pa aa=
IN Apo = su h sa,ar Mewo seal I" Nh
Yp ae "I $rss luMan,rw uyl IM kvn WM I Notnry J'ul,lie,
sail ,4o~ wwW '14119 uMll~ County, Texas WAG \!y C~armi.~6+n }:xp4rs Juno 1, 19
_
MA-11 39 U1111111110
CLERK'S CERTIFICATE
THE STATE: OF TEXAS,
COUNTY OF.. _ I' County
Clerk of the County Court of Paid County, do hereby certify that the foregoing InAtrument of writing datrd cn the
_ day of A. D. J9 %ith its Crrtiftrate n( Auth. ntirat6,m, wsa f1,.1 for
record in my ogee on the day of A. D. 19 at a'c!ak M , nNl daly
recorded this day of A. D. 19 at o'r 1- k M., in the
Rccerda of said Co,,nly, is lblarr , on p.IKrs ,
WITNESS MY HAND AND SEAL I&}' THE COUNTY COUkT of said t'c. rnty, at cff.re In
_ , the day and yrer Inet nborc writbn.
County Clerk County, Trx.+s.
(L. S.) By u.puty.
81 A G C I I,~
csEn
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ry Q ~I Q z W...i'1'4r 1IR. i N t
' N Ja s f
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THE STATE T,ArT`E OF r1,L"S9 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON DEED RECOAU3
THAT Denton Independent School District t1654
of Denton County, Texas , in consideration of the sum of
One Dollar ($1.00) and no/100-----•-------and other good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which Is hereby, acknowledged, do by
these presents grant, bargain, sell and convey unto to the Ci ty of Denton, Texas, the free
and uninterrupted use, liberty and privilege of the prmage in, along, upon and across the following
described property,
owned by them . Situated in Ov11toil County, Texas, in the
R. fie a un on t Survey, Abstract No. 31
All that certain lot, tract or fl,ircel of land lying and being situated in
the City and County of LNonton, State of Texas, and being part of the R.
Beaumont survey, abstract n . 31, and being part of a tract of land as
conveyed from J. Newton Taayzor to Denton Independent School District by
deed dated January 14, 1960 and recorded in Volume 453, Page 193 of the
Deed Records of Denton County, Texas, anti more particularly described as
j follows: COMMENCING at the southeast corner of said tract; same being the
southeast corner of agtract of land conveyed from J. Newton Rayzor, to I
Eugenia Porter Rayzot- et al, and recorded in volume 775, page 112 of Deed
Records of Denton C,.)unty, Texas; THENc:E north 88034' west along the south
boundary line of said tract a distance of 251.93 feet to place of begin-
ning, same being the southwest corner of a tract of land conveyed from
J. Newton Rayzor to Eugenia Porter Rayzor et al: THENCE aorirth 88034' test!
along the south boundary line of said tract, a distance t` 643.11 feet to
a point, said,point being the southwest corner of said t:act; '1^1 NCE
north 1030' east along the west boundary of said tract, a distan! of
20.00 feet to a point; THENCE south 8E034' east, 20.00 feet north of and
parallel to the south.boundary lint, of 4aid tram, a rll,t,nre of r-42.93
feet to a point in the west boundary line of a tract of land conveyed
from.J. Newton Rayzor to Eugenia Porter Rayzor et al; THENCE soi:t:i 0159'
west along the west boundary line of said tract conveyed from J. Newton
Rayzor to Eugenia Porter Rayzor et al, a distance of 20.00 feet to place
of beginning and containing 12,f60.39 square feet of land more or less.
And it Is further agreed that the said City of Denton, Texas 3
In consideration of the benefits above set out, will remove from the property above described, such fences,
a
buildings and other obstructions as may now be found upon said property. '
Forthepurposeof constructing, installing, repairing and perpetually main-
taining undetground utilities only. 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 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.
Witness our hand8 , this the day of e~+f , A. D. 194%2 .
DENTO INDDEPEND N_T SCHOOL DI TRICT
va.~000 r r
SINGLE ACKNOWLEDGMENT 01003 YnE394
THE STATE OF TEXAS, ~ BEFORE ME, the undersigned authority,
COUNTY OF._DVNTON__..
In and fop said County, Texas, on this day personally appeared Denton Independent School District
Dr. William A.. Crawford,
.President
Mdt~bet~ep erson gWwhosename a~ sulscrlMi to the foregoing instrument, and acknowledged to me
em~th'en-y r~~
. 'exl<~uEyd the snore for the purposes and consideration therein expressed.
a
-0IVEbj•UNAER MY HAND AND SEAL OF OFFICE;, This day of A D. 19F
3 6,
J
Notary Public, Denton ......County, Texas
Sly Commission Expires June 1, 19
SINGLE ACKNOWLEDGMENT
TfIE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF r
In and for said County. Texas, on this day personally appeared
known to me to be the person . whose name subscribed to the foregoing Instrument, and acknowledged to me
that he executed the same for the purposes and consideralicn therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.D. 19
(L.S.) _
Notary Public, County, Texas
Sly Commission Expires June 1, 19
CORPORATION ACKN01VLEDG11FNT
THE STATE OF TEXAS, BEFORF ME, the undersigned authority,
C "i96tA, I" YM AIM
County on this day pers,.nally appeared
km,H n t,, me ti Tx the p,rs n and officer
yli/~QYylhc+ra(Iu f~ fI i~f, ring in:ttorw i,t rr,d it, knuaiedvrd to rnr thj,t the same uns the att of Oe sold
a corpora 18 t la{exe. rnme as the act of , ;i eorpnrotbm for th,• t,.,rrwscs and ronsideratlon therein
Sxpressed,`dM6~F ~ty there n stotrd.
M74 4A1fl7ipld J}f• Np ND SEAL OF OFFICE, This day of A.D. 19
r IV* "A Out s1isS Pa 00" ow 11 M W$
0 PM Mat psouam "A'm MR P" 4v 1 Notary Public, County, Texas
ENO Imp AA~m My Commission Expires June 1, 19
AD Wit CLERK'S CERTIFICATE
THE STATE OF TEXAS, } . . County
COUNTY OF.
Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the
day of , A. D. 19 with its Certificate of Ar:hentication. was filed for
record In my office on the day of. A. D, 19 at o'clock M., and duly
recorded this..., day of A. D. 19 , at o'clock M., in the
Records of said County, In Volume on sages
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office in _
the day and year last abo%e written,
County Clerk . County, Texas.
(L, a) CJ By Deputy.
a
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STATS OF TEXAS ) -rl
)SS: r
COUNTY OF DENTON c2 v
DEER RECORD4'
\ A
EASEMENT AGREEMENT
RGnIG ?Z V)
` KNOW ALL MEN BY THESE PRESENTS that the undersign.' 47
v N
DENTON MALL COMPANY, a Texas limited partnership, having an
office at 1712 North Meridian Street, Indianapolis, Indiana
46202 (hereinafter referred to as "GRANTOR") for and in
consideration of the sum of One and 00/100 Dollars ($1.00)
in hand paid, the receipt and sufficiency of which is hereby
acknowledged and confessed, does hereby GRANT, BARGAIN, SELL
and CONVEY UNTO THE CITY OF DENTON, IN DENTON COUNTY, TEXAS,
a municipal corporation, as a part of it3 utility control
and distribution system, its successors and assigns (here-
inafter called "GRANTEE"), an easement over, upon, under and
across the real estate located in Denton County, Texas,
described in Exhibit "A" annexed hereto and made a part
hereof (said real estate located within the easement here-
inafter being referred to as the "easement area") for the,
purposes of laying, Anstalling, constructing, maintaining,
operating, inspecting, altering, replacing and removing
subsurface distribution lines and conduits for electrical
and telephone utility service, to serve commercial customers
who conduct businesses on lands of Grantor and others, said
lands to comprise what is to be known as the Golden Triangle
Mall Shopping Center in the County of Denton, State of
Texas.
It is understood and agreed that the easements des-
scribed in Exhibit "A" are solely for the purpose of grant-
ing to the Grantee easements to lay, install, construct,
maintain, operate, inspect, alter, replace and remove said
distribution lines and conduits, except that Grantee shall
have the right to excavate and perform necessary work upon
the surface of the easement areas as and when required to
VDsop0 397
voE1003 PACE 398
install, repair, replace, remove and relocate such electric
and telephone distribution lines and conduits. Grantee
shall not erect, install or maintain any structures or
improvements of the surface of the easement areas described
in Exhibit "A except that Grantee may install, operate and
maintain such fixtures and equipment on the surface areas of
the easements as may be necessary to provide electric and
telephone service to the aforementioned commercial custo-
mers, including but not limited to transformers, switches,
power factor correction equipment, meters and manholes,
provided that any such surface fixtures and equipment shall
be installed and maintained on the easement areas in such a
manner and at such locations as not to unreasonably inter-
fere with the use and enjoyment of the surface of the ease-
ment areas by Grantor and its successors, assigns, tenants
and invitees, for buildings, driveways, roadways and parking
of motor vehicles located on the real estate owned by Gran-
tor. Grantee's subsurface lines and conduits shall be
buried to such a depth below the surface so as not to inter-
fere with Grantor's permissible usn of the surface area of
the easement.
Grantee shall have the right to ingress and egress
over, upon and across any driveways and roadways located on
the surface of the lands owned by Grantor upon and within
the boundaries of which the easement area is located, for
purposes of access to the easement area. Grantee also shall
have the right from time to time to cut and remove all
trees, undergrowth and other obstructions within or immed-
iately surrounding the easement areas which may injure,
endanger or interfere with Grantee's use and enjoyment of
•t
the easements granted herein, all of which work shall be
done at Grantee's sole cost and expense.
- 2 -
Grantor shall not, wihtout the prior written consent of
Grantee, erect or maintain any permanent structures or-
improvements upon the surface of the easement areas or
perform any act which would impair or interfere with gran-
tee's use and enjoyment of the easements herein granted;
PROVIDED, HOWEVER, notwithstanding anything to the contrary
• herein contained, Grantor expressly reserves the right to
pave the surface of the subsurface easement areas with
porous asphaltic or other suitable hard surface paving
material, and to use the same for the parking of motor
vehicles and for driveways, roadways and side walks, and for
other purposes which will not interfere with Grantee's full
use and enjoyment of the subsurface easement rights hereby
granted.
If the surface of the easement areas or any improve-
ments are disturbed by Grantee at any time and from time to
time by the installation, repair, maintenance, removal,
replacement or other work in connection with said distri-
bution lines and conduits, Grantee at its sole cost and
expenZe, shall repair and restore the surface of the ease-
ment areas or the improvements to substantially the same
condition which existed immediately prior to any such dis-
turbance, including, without limitation, any and all neces-
sary repairs and replacement of pavement which may be
removed and excavated by Grantee in the course of doing any
such work within the easement areas. Any work done by
Grantee upon or within the easement areas at any time and
from time to time shall be done at such a time and in such a
manner as will cause a minimum of interference with the
business being conducted by Grantor upon its land surround-
ing and adjoining the easement areas, but nothing herein
contained shall prevent or prohibit the Grantee from perform-
ing any of its work during normal and customary daylight
business hours,
v;x 1003 PA&I 399
3 -
YOl 003 PACE 400
The Grantee shall, at the request of the Grantor, at
any time, and from time to time, remove its distribution
lines and conduits and other facilities from the easement
area and release and quitclaim the easement to the Grantor,
provided that the Grantor furnishes the grantee an equiva-
lent easement which will permit the continuation of utility
service to customers other than Grantor whose service may be
dependent upon the easement granted herein on the name terms
as herein at another suitable location on Grantor's said
land, and provided further such relocation of the lines and
conduits shall be at the scle cost and expense of the Gran-
tor.
it is understood and agreed that the same or similar
easements and rights to use the easement area as are hereby
granted to Grantee hereunder al3o have been or will be
granted by Grantor to one or more other public utilities or
municipal corporations or authorities for the purposes of
laying, installing, constructing, maintaining, operating,
inspecting, altering, replacing and removing subsurface
lines, pipes and conduits in common with Grantee hereunder
on the same or simila: terms, and that to this extent the
rights of Grantee h*re under shall be non-exclusive and
joint and mutual with the rights of any such other grantees,
and that Granter shall have the non-exclusive right to use
y
the easement areas in common with each such other grantee
for such use and purposes.
The Grantor hereby reserves the right to grant ease-
ments to other utilities or services which may intersect or
transect the easements granted hereunder. Any easement
granted to a utility or service intersecting or transecting
the easements granted hereunder shall be subject to the
rights of Grantee herein, and shall not be incompatible
with, or interfere with, the continuing use oZ the easements
granted hereunder.
4
TO HAVE AND TO HOLD unto Grantee, its successors and
assigns, so long as the rights and easements herein granted
shall be used by Grantee for the express purposes and upon
the terms and conditions specified, with ingress to and
egress from the easement areas, for the purposes of con-
structing, installing, repairing, maintaining, replacing and
removing the facilities of Grantee herein described, but
subject to all liens, encumbrances, restrictions and prior
easements of record. PROVIDED, HOWEVER, notwithstanding
anything to the contrary herein contained, the rights and
easements herein granted shall be released and vacated by
Grantee upon cessation by Grantor of the use of its land
surrounding and adjoining the easement areas, unless Grantee
40
reasonably requires the continued use and maintenance of
either easement as part of its distribution system for
continuation of utility service to customers, r.ther than
Grantor, whose service may be dependent upon the easements
granted herein.
Grantee shall indemnify, defend and hold harmless the
Grantor, its successors and assigns, from and against any
I and all loss, cost, damage, expense, liability, claims,
demands, actions and causes of action arising out of or
resulting from Grantee's use and enjoyment of the easements
and the installation, maintenance and operation of said
lines and conduits by Grantee, including, wihtout limi-
tation, any and all claims and actions for personal or
bodily injury, including death, to any person, and damage to
the property of any party.
It is agreed that this grant covers all the agreements
between the parties and that no representations or state-
ments, verbal or wril:ten► have been made modifying, adding
to or changing the terms of this agreement.
va1003 tx X01
. va100~3 PAGE 402
This instrumant shall be binding upon the parties,
their successors and assigns.
IN TESTIMONY WHEREOF, the Grantor herQLn_jias executed
this conveyance thie fhe day•of<<
1980.
DENTON MALL COMPANY, a Texas
limited Partnership
By Den on Developers, a Texas
limit partnership, General
Partn
By
Her e t Simon, Genera Partner
ACCEPTED AND AGREED TO:
CITY OF DENT 1Q, S
By*
B 2 as , o
Approved As To Form:
/P4rwjr ; City Attorney
9'eATE OF INDIANA
SS:
COUNTY OF MARION )
Before me, a Notary
Public in and for said County and State, on this day person-
ally appearedE , known to me to be a
general partner in Denton D.;valopers, a General Partner in
the limited partnership whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same
was the act of DENTON 14ALL COMPANY, a Texas limited partner-
ship, and that he executed the same as the act of said
partnership for the purposes and consideration therein
expressed, and in the capacity therein stated.
Given under my hand and seal of office this day
'
of 4t- 1,1tet ~L_o 19 ,G-
r•,.. (/Notary Public
~iy Igvalr~ scion expires:
i . ? el
M County" f Residence is:
STATE OF TEXAS )
)SS:
COUNTY OF DENTON )
Before me, a Notary Public in and for said County and
State, on this day personally appeared LIL
known to me to be the ~t whose name
is subscribed to the foregoing instrument and acknowledged
to me that the same was the act of the City of Denton,
Texas, a municipal corporation, and that he executed the
same as the act of said municipal. corporation for the pur-
poses and consideration therein expressed, and in the capacity there
stated.
Given under my hand and seal of office this .4A,,,.tLday
of 4_. 19Yo.
f„ "7' ,.t: ► Notary ublic
My commission expires:
-,so VOL1003 pw 403
EXHIBIT A
YoLI003 PACE 404
Being a 0.055 acre tract of land situated in the John W. McGowan
Survey, Abstract Number 797, Denton County, Texas, said 0.055 acre
tract of land being a portion of that certain tract of land as described
in the deed to Denton Mall Company and recorded in Volume 994, Page
710, Denton County Deed Records, said 0.055 acre tract of land being
more particularly described by metes and bounds as follows:
BEGINNING at the most southerly corner of said Denton Mall
Company tract, said corner being in the north right-of-way line of
Interstate Highway 35E;
THENCE N 57° 06' W, along the southwesterly line of said Denton
Mall Company tract and said north right-of-way line, 150.32 feet to
the most westerly corner of said Denton Mall Company tract;
THENCE N 37° 58' 42" E. leaving said right-of-way line and along
the westerly line of said Denton Mall Company tract, 16.06 feet;
THENCE S 57° 06' E, 150.83 feet to a point in the easterly line
of said Denton Mall Company tract;
THENCE S 39" 46' 05" W, along the easterly line of said Denton
Mall Company tract, 16.12 feet to the POINT OF BEGINNING and containing
0.055 acres of land, more or less.
1
jAhr, W.191
.
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A 16'Earumnf oaeo:-s Cl ofin h1all
Ca. free f "ewdewl th Yel.39f, y/0, D.GDR.
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C-11"TANDARD SALE CONTRACT Martin Stationery Co., Dallas, Texas
THE STATE OF TEXAS
COUNTY OF DENTON BY THIS AGREEMENT AND CONTRACT,
Parties SHERMAN BYRD, LEONALD C. BYRD 6 JOSEPHINE Byeinafter called Seller,
acting through the undersigned and duly authorized Agent, hereby Belle and agrees to convey unto
CITY OF DENTONr TEXAS , hereinafter called Purchaser,
the following described property: Lying and situated In the City and County of
Dentonr State of Texas, and more particularly described
Properties in Exhibit A attached hereto and made a part hereofl
~I
the purchase price is s 2 r250. 00 payable as follo%e: Cash at Closing. I
!t s~llxsr~wanmcwleabxtitr~lcaaaxxoaxaax>trxltt.~e~c,kaptvelc
> ltd{Ei N iKYelllf M7:JL?Ex l4xatiil}1y76L5ii>tt~t+E){I17~l *IF-AWV
Terms
SLtAX1xt40WEXX"xxxxX1(bV"i]1xa1g4Cf49tdt1XKi~GfSdC1I>~G1170xfaltYtr,~tlt y40vexK)61Qlllll~t
ktltbc/bXXOGIG1H6tiDl71SC14]cm+OXlt1(xa0timcOC1(?Oxdlde>!0[IL
Cellar agrees to furnish Title Insurance Policy to acid properly,
which shall be conveyed free and clear of any and all eacumbnnces except those named herefa
In accordance with the terms of the Real Estate Licemse Act of the State of Texas, 7ou, u pur-
chaser, are advised that you should have the abstract covering the real cat As which Is the submit of this
contract examined by an attorney of your own selection, or that you shruld be furnished whir or obtain
a policy of title Insurance.
If abetmet Is furnished, Purchaser agrees within ten days from the receipt of mid abstract
either to accept the title as shown by Paid abstract or to return It to the undersigned Agent with the
Title written objections to the title. If the abstract Is not returned to the Agent with the written objections
noted within the time specified, it shall be construed as an secspts.ice of said title. It title policy is fur-
rdshed, Purchaser agrees to consummate the sale within ten dr)s from date title company approves title.
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. In the event of failure to furnish rood and marketable
title, the purchase money hereby receipted for fa to be returned to Purchaser upon the cancellation and
return of this contract, or Purchaser may enforce specific performance of same.
Seller agrees when the title objections have been cured, to deliver ■ good and Pu?feient Central
Warranty Deed properly conveying mid property to said Purchases, 111LKl1fOGK11a1MKXtttl~?fMld
Sslidl IMI aC1EX__~iJj~(Ie30~L1Lhc%}lK9iill Cid/i104KIFi171Ns1lJW(fiKNcZiCXXXi1101701/C1WtZidtR
Closing xMaldt >axdd~ ~ll~elx;mexacrufal~x~aslxlbiU]fdlYilClmiscttlexlbKdlawcYQCltamtxarlmaxltalxl(
loauj}fc acac8~a(t>1~talt~x~exaat~xeaxuaaxleinxaxewpolaluncxammcota+~oea>lrotxaclcD~
1I 4( Ndb1t 7dXdfIXClKfiWXOfX}[71maitlmtft➢4ZKILOClt SXXXXXXXXXXXK O/
Taxes Taxes for the current year,, th, corrent rents, Insurance, and Interest, (if any), are to be prorated
to date of closing. K~{ t i~1
fox'1~1X4t~~61016j~iifdgdl~i61[MOtJ~(J{iK06M1F1tYjJt+xOtdleblilUNWNt!<71x
Special Purchase is subject to the approval of the City Council of
Conditions the City of Denton, Texas.
Executed in triplicate this V - day of Form ^ V~9'R If to eo
This contract subject to the acceptance of Feller
- Accepted-.
JI f;
Seller. ONE BYRD
t/y Cs ~E4c-6t -oF ~BKA 1s
LEONARD C. BYRD )ftXkN9C, AzftkR-"
SINGLE ACK?'GWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF
in and for said Cuunty,'rexaa, r n this day personally nppeared _
known to me to be the pers; n a hnse name sLbscribcd to the foregoing instrument, and acknowledged to me that
he executed the same for the purposes and cunsideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of , A.D. 19_......
(L..S. )
Notmy Public, ..County, Texas
_ My Commission Expires__._....,..._.
SINGLE: ACKNOWLF:UGNIENT
THE STATE OF TEXAS, I BEFORE ME, the undersigned authority,
COUNTY OF J
in and for said County, Texas, on this day personally apprared _ _ , .
known to me to be the person 0, se n,imr au1 jibed t-, the fm egoing instrument, and acknoi' edged to me that
he - executed the s;ui:e for the purpas.; and c~,n~idc+therein expressed.
GIVEN UNDER %IY HAND AN11 SEAL Of' Of Flt'E I'h;s day of A.D. 19.
Notary Public, County, Texas
_
fly l..mmi.aion Expirc,_...........
O
0 G~
m V
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 Hiram Sisco Survey, Abstract No. 1184, and
being part of a tract of land as conveyed from M. C. Sheppard to
Sherman Byrd and wife, Pearlean Byrd by deed dated April 16,
1951 and recorded in Volume 375, Page 557 5f t'„e Deed Records of
Denton County, Texas, and more particularly described as follows:
BEGINNING at the southeast corner of said Byrd tract said point
of beginning lying in the north right of way line of Prairie
Street and also being the southwest corner of a tract of land,
called "Tract Five" as conveyed from Lorene Sheppard Darrow, et
al to Lorene Sheppard Darrow, et al by deed dated September 19,
1975 and recorded in Volume 754, Page 532 of the Deed Records of
Denton County, Texas;
THENCE north 890 16' west along the south boundary line of
said tract same being the north right of way line of Prairie
Street a distance of 43.15 feet to a point for a corner;
THENCE north 220 45' 40" east 40.0 feet west of and parallel
with the east boundary line of said tract a distance of 65.49
feet to a point! W
THENCE north 140 29' east 40.o feet west of and parallel with
the east boundary line of said tract a distance of 114.01 feet
to a point;
THENCE north 370 23' 30" east 40.0 feet west of and parallel
with the east boundary line of said tract a distance of 97.49
feet to a point for a corner;
THENCE north 760 22' 30" west 30.0 feet south of and parallel
with the north boundary line of said tract a distance of 173.64
feet to a point for a corner in the west boundary line of said
tract;
THENCE north 00 00' 30" west along the west boundary line of
said tract a distance of 30.87 feet to h mint for a corner same
being the northwest corner of said tract;
THENCE south 760 22' 30•' east along the north boundary line of
said tract a distance of 204.4 feet to a point;
THENCE south 000 36' 20" east along the north boundary line of
said tract a distance of 30.9 feet to a point for a corner, same
being the northeast corner of said tract;
THENCE south 370 23' 30" west along the west boundary line of
said tract a distance of 130.6 feet to a point;
THENCE south 140 29' west along the west boundary line of said
tract a distance of 108.8 feet to a point;
THENCE south 220 45' 40" west along the west boundary line of
said tract a distance of 52.2 feet to the place of beginning and
containing 17,587.76 square feet of land, more or less.
PAGE 2
U-41IFE TITLE INSURANCE Company of Dallas
Owner Policy
of Title '
Insurance GFzt 21495
USLIFE TITLE INSURANCE Company of Dallas, DALLAS, TEXAS, a Texas Corporation,
HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein
named Insured, the heirs, devisees, executors and administrators of the Insured, or if a
corporation, its successors by dissolution, merger or consolidation, that as of the date hereof,
the Insured has good and indefeasible title to the estate or interest in the land described or
referred to in this policy,
The Company shall not be liable in a greater amount than the actual monetary loss of the
insured. and in no event shall the Company be liable for more than the amount shown in
Schedule A hereol, 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,
of any part thereof, adverse to the title to the estate or interest in the land as hereby
guaranteed, but the Company shall not be required to defend against any claims based upon
matters in any manner exc^pted under this policy by the exceptions in Schedule 8 hereof or
excluded by Paragraph 2, "Exclusions 1i Coverage of [his Policy," of the Conditions and
Stipulations hereof. The party or parlies entitled to such defense shall within a reasonable
time after the commencement of such action or proceed ng. and in ample !ime for defense
therein, give the Company written notice of the pendency of the aclion or proceeding, and
authority to defend The Company shall not be hal until such adverse interest, claim, or
right shall have been held valid by a court of last resort to which either litigant may apply, and
if such adverse interest, claim, or right so established shall be for less than the whole of the
estate or interest in the [and, then the liability of the Company sh3lI be only such part of the r
whole liability limited above as shall bear the same ratio to the whole liability that Ilm adverse
interest, claim, or right established may bear to the whole estate or interest in the land, such
ratio to be based on respective values determinable as of the date of this policy In the absence
of notice as aforesaid. the Company is relieved from all liability with respect to any such inter-
est, claim or right, provided, however, that failure to notify shall not prejudice the rights of
the Insured if such Insured shall not be a party to such action or proceeding, nor be served
with proces< herem, nor have any knowledge thereof, nor in any case, unless the Company
shall be actually prejudiced by such failure
Upon sale of the estate or interest in the land, this policy automatically thereupon shall become
a warrantor's policy and the Insured. the heirs, devisees, executors and administrators of the
Insured, or if a corporation, its successors by dissolution, merger or consolidation, shall for a
Deriod of twenty five years from date hereof remain fully protected according to the terms
'hereof, by reason of the payment of any loss he, they or it may sustain on account of any
SJarKCt coyA warranty of title contained in the transfer or conveyance executed by the Insured conveying
a; ry the estate or 6tterest in the land, The Company shall be gable under said warranty only by
~13F70Y, i o raason of defects, liens or encumbrances existing prior to o• at the date hereof and not
s excluded either by the exceptions or by the Condlbons and Stipulations hereof, such liability
s a° not to exceed the amount of this policy.
~i ,t x 1C
f9 IN WITNESS HEREOF, the USLIFE TITLE INSURANCE Company of Dallas has caused this
policy to be executed by its President under the seal of the Company, but this policy is to be
valid only when it bears an authorized countersignature, as of the date sot forth in Schedule A
r Ae/0"G. lr
md.nr A 6,0 t.eauni~17/lr:n
Iunl Vmx Awdr+[S¢nbry rid G~~MCew~i
Aornrwd S~ynirun
Foriniarly DALLAS TITLE AND GUARANTY COMPANY ro++ rT 0 1 5 ox 6 is
SCPEDUIE A
Amount; $2,250.00 Owner Policy No.: O E 912906
GF or file No.: 21495-21 CtA Date of Policy: February 26, 19801 J .7'1V
Name of Insured: City of Menton, Texas
1. The estate or interest in the land insured by this policy is: Fee simple
(fee simple, leasehold, easement, etc. - identify or describe)
2. The land referred to in this policy is described as follows:
All 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 Hiram Stsco
Survey, Abstract No. 1184, and being part of a tract of land as conveyed from
M.C. Sheppard to Sherman Byrd aril wife, Pearlean Byrd by deed dated April 16,
1951 and recorded in Volume 375, Page 557 of the Deed Records of Denton County,
Texas, and more particularly described as followst
BEGINNING at the southeast corner of said Byrd tract said point of beginning
lying in the north right of way line of Prairie Street and also being the
southwest corner of a tract of land, called "Tract Five" as conveyed from
Lorene Sheppard Darrow, et al to Lorene Sheppard Darrow, et al by deed dated
September 19, 1975 and recorded in Volume 754, Page 532 of the Decd Records of
Denton CoLmty, Texasl
THFc1CE north 89 degrees, 161 west along the south boundary line of said tract
sf~me being the north right of way line of Prairie Street a distance of 43,15
feet, to a point for a corner;
TllfliCE north 22 degrees, 451, 40" east 40.0 feet west of and paralle: with the
east boundary line of said tract a distance of 65.49 feet to a point;
11HENCE north 14 degrees, 291 east 40.0 feet west of and parallel with the cast
boundary line of said tract a distance of 114.01 feet to a point;
THENCE north 37 degrees, 231 30" east 40.0 feet west of and parallel with the
east boundary lire of said tract a distance of 97.49 feet to a point for a
corner;
THENCE north 76 degri 221 30" west 30.0 feet south of and parallel with the
north boundary line of said tract a distance of 173.64 feet to a point for a
Uu / DVOON
USUrf Into Inamancs Company of Dallas ! 1301 Main R1, Dallas, ?ails 75,M .M„If I1-- a^-(Novi af.l Hp„a qN
I
Attacplid to and made a part of USLIFE TITLE INSURANCE Company of Dallas Policy, Binder or Commitment No. `
corner in the west boundary line of said tract!
VENCE north 0 degrees 00' 30" west along the west boundary line of said tract
a distance of 30.87 feet to a point for a corner same being the northwest
corner of said tract]
WENCE south 76 degrees 22' 30" east along the north boundary line of aaid It
tract a distance of 204.4 feet to a points
WENCE south 00 degrees 36' 20" east along the north boundary line of said
tract a distance of 30.9 feet to a point for a corner, same being the north-
east corner of said tract;
WENCE south 37 degrees 231 30" west along the west boundary line of said
tract a distance of 130.6 feet to a pointy
WENCE south 14 d1_grees 291 west along the west Loundary line of said tract
a distance of 108.8 feet to a pointif
WENCE south 22 degrees 45' 40" west along the v,cst boundary line of said
tract a distance of 52.2 feet to the place of beginning and containing
17,587.76 square feet of land, more or less.
Mile. rMS911 IOMIryM
-1
SCHEDULE B
Owner Policy No,: 1 912906
21495-21 CIA
Thi, pulley is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or eas. m',nts in-
surcld, if any, shown in Schedule A, and to thn fullnwing matters wl+is`h aye additior.' r..cepdons from the coverage of lKs
Poky:
1. Restriction covenants affecting the land described or referred to above.
2, Any discrepancies, conflicts, or shorb~ges in Brea or boundary lines, or any encroachments, or any overlapping of im-
provements.
3. Tries for the year 19 BOand subsequent years, not yet due and payable
4. The following lien(s) and all team, pro%pi ions and conditions of the instrument(s) creating or evidencing said Ilc-n(!):
a. Easement dated September 19, 1978, executed by Sherman Byrd to City of Denton
for sewer line, shown of record in Volume 914, Page 369, Deed Records of
Denton County, Texas.
b. Any portion of the property herein described which falls within the
boundaries of any road or roadway.
c. Visible and apparent easements on or across the property.
room 111 1 11451,011 • 000 5I'm
Conditions and Stipulations
t Definitions
The following terms when used in this policy mean.
(a) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law
constitute real properly.
(b) "public records": Those records which impart constructive notice of matters relating to the land
(c) "knowledge Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of
any public records.
(d) "date": The effective date, including hour if specified
2. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the furlowinu
(a) The refusal of any person to purchase, lease or lend mor,ey on the land
(b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec-
ords at the date hereof; and the consequences of any law, ordinance or governrnental regulation Including, but not limited to,
building and zoning ordinances.
(c) Any titles or rights asserted by aryone Including. but not limited to. poisons, rcnporabuns, governfnenls or other entities
to tidelands, or lands comprising the shores or trek of nlvrglble or perennial rwurs and streams- lakes, bays, g,klfs of oceans.
or to any land extending from the Lne of mean low ludo to the hm, of u"pclahun Or III lands tx,yond the line of the harbor of
bulkhead lines as established or changed by any guvernmont, or to fjllod u+ Lm,ls. or arhfirPal eJanils or to rvparrao rights, or the
rights or interests of the State of Tetras or the public generally III thrt area c,hv•dinq from the fno of mean low l6i to the line of
vegetation, or their right of access thereto. or r+ghl of easerno nt 110011 and M f LI'-% lha sam0'
(d) Defects, liens, encumbrances, adverse claims aga nst the tale as nsurol or ulhw mallws 11) created, suffered, assumed or
agreed to by the Insured at the date of this policy, or 12) known to Iho Insured at the dater of thia pork y unless disclosure thereof
in writing by the In;u•ed shall have been made to the Canpany prxn to the date of this policy, or loss or damage which could
not have been sustained if the Insured were a purchaser for value without knowledge, or the hanestead or community property
or' survivorship rights, if any, of any spouse of any Insured
3, Defense of Actions
(a) In all cases where this policy provides for the defense of any act on of to cx end .+g tl+e Insined shall socure to the Company
the right to so provide defense in such action of proceeding and all appeals thereon aryl rferm l it to use, at rte option, Ilm name
of the Insured for such purpose. Whenever requested by the Company, the Insured still give the Canpany all reasonable aid in
any sucl, action or proceeding, in effecllon aettlemenl, securing ev denco obla n,r+g vAriesses or defending such action or
proceedir g.
(b) The Company shall have the right to select counsel of Its own choice kit>rnever It n required to defend any action or pro-
ceeding, and such counsel shall have lull control of said defense
(c) Any a^tion taken by the Company for the defunse of the Insured or to establish the title as insured, or both, shall not be con-
strued as an admission of liability, and the Company shall not thereby t,v hcW to ca+cede IraW9ty or waive any provisi of this
policy.
4. Paylnant of Loss
(a) No claim shall arise or be maintainable under this policy for liability voluntarily assvn+cd by the Insured m settling any claim
or suit without written consent of the Company
(b) All payments under this policy, except payments made fur costs, atlorney fees and e,penses, sna!1 reduce the amount of the
insurance pro tanlo; and the amount of this pe4cy shall be reduced try any anxxml the Company rnsy pay urxfer any policy
insuring the validity or priority of any hen excepted to hafern or any instr umeoll hereaflef e.ec enrol by the Insured which is a
charge or lien oft the land, and the amount so paid shall be drenled a payment to the Insured undef th s policy
(c) The Company shall have the option to pay or settle or compromise for or ski the name of the Insuf ed any claim insured against
by thir policy, and such payment or tender of payment, together w+th n",costs attorney hfis a+xf rrpenses which the Company
Is obligated hereunder to pay, shall terminate all liability of the Compa ry hereurxlrr as to stkr h churn iurtew. the payment or
tender of payment of the full amount of this policy by the Canpany shall te+ml,ata all IraWldy of the Company under this policy
(d) Whenever the Company shall have settled a claim under this policy all right Of subrogalron shall vest In the
Company unaffected by any act of the Insured, and it shalt be sutxogated to and be enldkrd to all rights and remedies of the
Insured against any person or property in respect to such claim The Insured. If requested by the Company, than transfer to the
Company all rights and remedies against any person or pfoporty necessary in order to perfect such right of subrogation. and
shallpermit the Company to use the name of Ihu Insured in any Iran%&Ot r n or Majal«xn arvotvesy such rights w ferned,es
5. Policy Entire Contract
Any action, actions or rights of action that the Insured may have or may bring ag.unsl uv Company aos,r+g out of the status of the
title Insured hereunder, must be based on the provisions of this policy and an nohrH required to be g kern the Company, and any state
merit In writing required to be furnished the Company, shall be addressed to USOFI fill, E INSURANCE Company of Dallas. 1301
Main Strom, Deltas, Dallas County, Texas 75702
6. This policy is not translerable.
w C02K30 onf7DDD-1-1 (~=10-0 d s 5 m o so
s S Sao N Nt0 Q Q v N lD fQ (D ' r fd R ;i o a
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r-WARRANTY DEED-With Gereml, d Corpomdoo Ackrowtnlirm ttte MARTIN St.tioreq Co., Daiiu
I'HE STATE OF TEXAS, VUL1003 fAu 110
Know All Men By These Presents:
COUNTY OF...DEKTON
DEED RECOfib.4 3&S1.
That LEONARD C. BYRD , AITD WIFE, JOSEPHINE BYRD
of the County of Denton I State of Texas for and in consideration of
the sum of
Two Thousand Two Hundred Fifty ($2,250.00)--------------------- DOLLARS,
to them in hand paid by the City of Denton, Texas
i
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of
Denton, Texas
•
of th Cour.ty of Denton State of Texas all that certain
lot,tract or parcel of land tying and being situated in the City and
County of Denton, State of Texas, and being part of the Hiram Sisco
Survey, Abstract Noe 1184, and being part of a tract of land as conveyed
from M. C. Sheppard to Sherman Byrd and wife, Pearlean Byrd by deed dated
April 16, 1951 and recorded in Volume 375, Page 557 of the Deed Records
of Denton County, Texas, and more particularly described as follows:
BEGINNING at the southeast corner of said Byrd tract said point of
beginning lying in the north right of way line of Prairie Street and also
being the southwest corner of a tract of land, called "Tract Five" as
conveyed from Lorene Sheppard Darrow, at al to Lorene Sheppard Darrow, st
al by deed dated September 19, 1975 and recorded In volume 754, Page 532
of the Deed Records of Denton County, Texas;
THENCE north 890 161 west along the south boundary line of said tract
same being the north right of way line of Prairie Street a distance of
43,15 feet to a point for a corned
THENCE north 220 451 40" east 44,0 feet west of and parallel with the
east boundary line of said tract a distance of 65.49 feet to a point;
. I
THENCE north 140 291 east 40.o feet wost of and parallel with the east
boundary line of said tract a distance of 114.01 feet to a point;
THENCE north 370 231 30" east 40.0 feet west of and parallel with the
east boundary life of said tract '-iii "distance of 97.49 feet to a point for
a corner;
i
i
M ■
1
THENCE north 760 22' 30" west 30.0 feet south of and parallel with the
north boundary line oaf said tract a distance of 173.64 feet to a point
for a corner in the west boundary line of said tract;
THENCE north 00 00' .,.0" west along the west boundary line of said tract
a distance of 30.87 feet to a point for a corner same being the northwest
corner of said tract;
THENCE south 760 22' 30" east along the north boundary line of said
tract a distance of 204.4 feet to a point;
THENCE south 000 36' 20" east along the north boundary line of said
tract a distance of 30.9 feet to a point for a corner, same being the
northeast corner of said tract;
THENCE south 370 23' 30" west along the west boundary line of said {
tract a distance of 130.6 feet to a point; f
THENCE south 140 29' west along the west boundary line of said tract a
distance of 108.8 feet to a point;
THENCE south 220 45' 40" west along the west boundary line of said
tract a distance of 52.2 feet to the place of beginning and containing
17,587.76 square feet of land, more or less.
It
i
TO HAVE AND TO HOLD Cie above described premises, together with all and singular, the rights and
appurtenances tbervo, in anywise belonging unto the said City of Denton, Texas, its successor
kabx and Assigns forever; and we doherebybind ourselves, our
heirs, executors and administrators, to Warrant and Forever Defend all and singular the said premises unto the
said City of Denton, Texas, its successors
k4aot and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part
thereof.
Witness our hand at Denton? Texas this 19th dayof
Eebrvaw , A.D. 19 80
Witnesses at Request of Grantor;
G 11Ai5....,.. ~....:b.. "
x...........
PAGE 2 SE HINE BY D ~c .j..:0 f
.111
i
ACKNOWLEDGMENT
1`HE STATE OF TEXAS, VA003 %E IV
BEFORE AIE, the undersigned authority,
COUNTY OF......
In and for said County, Texas, on this day personally appeared _
known to me to be the person........ whose name ................is , subscribed to the foregoing instrument, and acknowledged to me that
he.......... exec•iled the same for the purposes and consideration therein expressed,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, ThEs day of.......... A. D. t0_»
(LS.)
Notary Public,.......... 1_..... ..............County, Texas
My Commiqlon F~pirrs June,._ 10..........
ACKNOWLEDGMENT
THE STATE OF TEXAS,
N. ON BEFORE ME, the undersigned authority,
COUNTY OF .,.........PE
.....m......__....,. .
in and for said County, Texas, on this day Ixrsonal'y appear"] Leonard. C. Byrd G .JoSePh1.ne_ Eyxd........
.
known to me to be the prrsonb.... srbose namtS _ara suburibrd to the furrgo na instrumrot, and acknowledged to me that
t..Ile-...Y.1w1bt"Ah same for the purMcs and cnmidrntion therein rapressed.
GA'~c1\~ N AND AND SF.AI, OF OFFICE. "Is l~t da of N.e rU2ry _A D 19-0.0-
%
ry
y ~s.) o _
.y.~ W Oms 11KER$ Ucn
pew tjQ "Itry Puhfe, Denton CE"Nota ~P°hhe, _ Son County, Texas
ti o r o. Olt ec
Eaplrn lung 10._._.._
~a
rqu~~•' CURI'OR.>1TIUN A(.KNOR 11IN:AIF:\'F
THE STATE OF TEXAS,
BEFORE $IE, the undersigned authority,
COUNTY OF !
in and for said County, Texas, on this day prnont"I apiacae"f
knows to tnc to be the perwo and oaks
whose namme Is subscribed to the torraoirg trarvrornt ►nd tcknowledgrd to ene that the same K.s the act of the asld........._.......
it corporation, and that be earcuted the sane at the art of weh corporxti,,n for the pur,on :cad ccrW&ratlon therein expressed, and in
the capacity therein stated.
{ GIVEN UNDER %IV IL\\'U AND SFkf. Or OFIICF, Tina day of ....A. D. it_..,...,_.
Not 61) Put Be, County, Texas
Af, ('ommiuioo Er.kn June , to
THE STATE OF TEXAS,
i COLIN7Y or_. _
Comely Cletk of tAs Cawary Cowl of rkf Countt, do "try comfy that the fornoble kWrument of writing dated on the
' day of AV to with its Ctrtifkale of Authenlitallon, was Rtrd for word in my oElce
on 1De...»__....... day of . , All. N , at _ o'cl«► ....._..Sf ,and was duly recorded this.......
day ol.._.____ . A11. It at o'clock N. In the Records of sald County, In Vol-
I Doff. r_ at pge.....
WITNESS any hand and seat of the County Court of mid County, &I my oBke In....
the day and year last above written.
Ckrk County Court ......................_..............................,,,.......,......_..»__»......_...County, Teas
ILA) hy_ „ Deputy.
(ITT MI
2 1+ Y,
L"'x I + Id
ly t-1
wG cl's 8 I ' 1'o r] E ~ F M '`e ~ ~ 7
w O
JA 0
ii I: ~T}
.30 s, E a
i
I
` ~rZl7J2RJ'tl~Jittrsnra.Znranra~r~rieta.tt~nrann~~„n~~ ~
9're AMERICA N R GJSTSYnja, w wev
600 AMERICAN BLDG, CINCINNATI,, OHIO 517-721-4270
Perfonnance Bond
KNOW ALL MEN BY THESE PRESENTS:
That... CRAIG OLDEN INC
Here Insert the ame and ,JJrru or tee it a 0( 11111 Contractor) ,
Rt.,~.r......72.. Frysc0, Texas 3~b 4
as Principal, hereinafter called Contractor, and.,TH,E.A T MERIC.AN DRUGGISTS' INSURANCE CA-corporation
of the State of with its licine Cit otCinc,in,nd,t(i• S. A., as Surety, hereinafter
called Surelyare held and firnily bound un o ffice GCITY..Rf..P.OWN.,...TX.............. .
.....................................•..•.p We inxrl ln. name and addreis or!raat title of Ot(5H ne..................••.••,
race)
as Obligee, hereinafter called Owncr,
;n the amount of , ;NETY FIVE THOUSAND, NINE HUNDRED SEVENTY SIX AND 10/100------------
. for the paymcn whereof
Dollars (S.... 5,976.10 onlydctor and Suety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
80
WIIEREAL' ,Contractor has by written) agreement dated....,., February 29, 19 .
entered into a contract with Owner for- dra „g rovernents for Pecan Creek
l? .
im.......... 1-111,
in accordance with drawings and specific it ions prepared b It of n .
y C.. Y. Oe ton
Illere Instil full name, lint enJ ■JJrr..._ .
rkt)
which contrccl is by reference made a Pitt hcrcof, and is hereinafter releirca to as the Contract.
NOW, THEREFORF, T711[ CONDI I ION OF I IIIS OBLIGA', ION is such that, if Contractor shall
promptly and faithfully perform said contr,1l, then [his obligation shall be null and vuid: otherwise it
shall remain in full force and cfl'cct.
The Surety hereby waives notice of any aiter,1tiontr extension of time made by the Owner.
Whenever Contractor shall be, and declared b) Owner to be in default under the Conlract, the Owner
having performed Owner's obligations thereunder, the Surely may promptly remedy the default, or shall
promptly •
(I) Complete the Contract in accordance with its Ic)ms and conditions, or
(2) Obtain a bid or bids for cumplclinF. the Contract in accordance wilh its tarns and conditions,
and uron determination by Surety of vw luwcsl rrspons!llle bidder, or, if the Owner elects, upon
determination by the Owner and Surcl) jointly of the lowest responslbie bidder, arrange for a
contract between such bidder and (hind, mid make asailable as work progresses (even though
there should be a default or a succession of dcf,lulls ander the corllydel or contracts of completion
arranged under this paragraph! sufficknl funds to pay the cost of completion less the balance of
the contract price: but nol exceeding, inchtding other coos and damages for whkh the Surety may
be liable hereunder, The amount wl forth in the first paragraph hereof. The term "balance of the
contract price," as used ' t thix paragraph, shall mean the 101,11 amount payable by Owner to Con-
tractor under the ContraLl and any amcn+lments thrrrtu, lees the am.)unl propell) paid F), Owner
to Contractor.
Any suit under this bond roust be in%hlutcd before the rxpiritiun of two (2) years front the date on
which final payment unc.e the contract falls due.
No right of action shall accrue on this bond to or for the iiw of any person or corporation other than
the Owner named herein or the heirs, executors, administrators or st.ccessors of Owner.
29th February 80
Signed and scaled this .....day of.............,..... ..A.D. 19..,..
In the presence of: CRAIG OLDENt INC.
(Seal)
,~pp / 1Prfrrrllrrl
BY :'.Y•)/,.1:•5^rT:
Terre
TH RICAN DRUGGI SUrANCE CO.
'
J.
dy~. . • .
(seal)
8.104 1 111fam D. Birdsong, Attorndyrlln-fact
c
r
Y' AMERI031N R~' GJSTSa,r/sjw.,,e &V,, ty
$00 AMERICAN BLDG. CINCINNATI, 04410 45202 517_721-4270
Labor and Material Payment Bond
Note: This bond is issued simultaneously with Performance Bond in favor of
the owner conditioned on the full and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESENTS:
That_ .............................................................CRAIG OLDEN, INC.
RtJox (Hme insert the nae and addrru m le al title of the Con trsrr "
12 Frisco.m Te,,,.15~34 nr)
xB.........,1 ,...,.....xa..s.
as Principal, herein flgr called Principal, and.THE AMERICAN DRUGGISTS' INSURANCE COdcorporation
to
nc
of the State of with its hume office in the City. ENT n
, U. S.
called A., as Surety, hereinafter
Surety, are held and firmly bound unto N, TX
(Ilere imrrl the name and address or least. t.ittllee u of the . I.)w at ne e
eryl e)
as Obligee, V.dTf AN A~ y6 y]Qw defined, in the
amount of......... Yr Fl e~11Ed ~N6o9 NfN~eHUND~~~ .T.Y......f..X,.,,.,..DD....L.//...UU.U.--
. . . 717.7.7.7.7.7 7. .........................7.... ,
(Ilrre Invert a sum eyuai to at Itasr une half of the runtrad rdcr)
Dollars (S...Q.5.797.0AQ for the payment whereof Principal and Surety bind themselves,
their heirs, executors, administrators, successors and assigns, }oinily and sc%crally, firmly by these presents.
WHEREAS, Principal has by written areenwnt dated...... February 29.r i 9.$0.,
entered into a contract with Owner for .....!Tra,inage„ifnprovAme.nt.s„for. Pee.a.n„Creek,,,,,,,,,,,
•
...gs,.,.
in
-City , of.Denton. ,
in accordan nce withdraraviwinn sand sspet lions prepared by h ~
4)for In4rl fun name, Iitlr snJ aJ,trra)
which contract is by reNrence made a part hereof, and is hereinaftcr referred to as the Contract.
NOW, THERI FORE , 1 HE ('ONbll ION of I IIIS OBI Ir A 110S is such that, if Principal shall promptly make pay-
ment to all claimants ashereinaftcr defined, for all labor and rutenal uwd or rer,mabty required for use in the performance
of the Contract, then this obligation shall be void,othetw ise it shill remain in full force and effecl. Subject. however, to the
following conditions:
1. A claimant is defined as u.,e hit ins a direct contract • Ith the Pnnciral at with a nib-contrator of the Plinclpa] for
labor, material, or both, used or real mibly requ;red for use to the rertormance of the contimo, labor and material being
construed to include that part of water, lag, power, tight, heat, oil, gasoline, telephone w,",e or rental of equipment
directly applicable to the Contsacr.
2. The above named Prin6ral and Sultry hrrehyy )uintty and severally apes with the Owner that every claimant is
herein defined, who has not lien paid in full before the eapuslmn of a persoJ of ninety 1901 days aher the date on which
the last of such claimant's work or labor w n J"ne or performed, ur materials were furnished by such clamant, may out on
this bond for the use of such rlaimant rnnetute the suit to final judgment for such sum or sums is may be justly due
claimant, and hive execution thereon the owner shall nut be liable for the payment of any costs of expenses or any such
suit.
3. No suit or action shall be commented hereunder by any claimant
(a) Unless claimant, other than one having a duct tohtracl with the Principal, shall have glvrn written nolke
to any two of the following the Print ipd, the Outlet, or the Surery abuse named, within nlnet (90)days after such
claimant did or performed the last of the wcuk or iaMq, or furnished the tau or the materials Tor which mid claim is
made, stating with substantial accasscy the amn•,nt claimed and the name of the party to whom the materials were
furnished, or for whom the work or labor was done or performed Such nntke shatl be seneJ by madtn the same by
registered mad or certlfled mad, puaease prepald, in an envelope adJitwJ to the Principal, Ownes or surety, at any
place where in of(ke is segulsily maintalned fw the tranwtlim of budneu, or served in any manner in wbkh ItIal
process mayy be wined in the state in wbkh the aforesaid project is to uel, sat e that mch srt.ke mud not be made by
a public offker.
(b1 After the expiration of one I II rear following the date on shish Prin.ipll ceased work on sold Contract, It
being understood, however, that if any limitation rrnbndieJ in this bond is prohibited by any taw conlrolii the con-
struction hereof such limitation shat be deemed to he amended so as to be equal to the minimum period of limitation
permitted by such law.
(c) Other than in a sate court of c.,mpetent lunsdk N011 in and for the cr,unly or other polltkal subdivision or the
state in which the project, or any part thereof, is siluefed, or in the United States Dbtrta Court for the distrkl In
whkh the projal, or any pall thereof, is situated, and not elsewhere,
4. The amount of this bond shall be itJuted by and to the exlent of any payment of payments made In good faith
hereunder, Indushe of the Payment by Surety of mechanlri liens whkh may be filed of record against uld Improvement,
whether or not claim for the amount of such lieu be presented under and against this band
29th February 80
Signed and scaled this day of.. A.D. 19
p CRAIG - OLDEN, IN,..,.. ii
In the resenca of: r . C I 1_1
. ,.r] Prlnf(fwl
8Y .
j--« Q~--c
Tfrle
Tit AME ICAN DRUGGISTS' INS RANCE CO.
yf <t;ctl tc~l'~~ .1
j Y stet'6;"9~"rdsong~'At'ttwtney'•-in=fact 1
a•(os
LM
164 MMOOM
POWER OF ATTORNEYI POWER NUMBER
THE AHERICAN DRUGGISTS' INSURANCE COMPANY gp No 684413
800 American Building as Cincinnati, Ohio 45202. • 513. 721 4270
KNOW ALL MEN BY THESE PRESENTS THE AMERICAN DRUGGISTS' INSURANCE COMPANY, a corporation duly organized
under the laws of the State of Ohio, and having its general office in the city of Cincinnati, State of Ohio, has made, constituted and
appointed, and aces by these presents, make, constitute and appoint
Wittiam D. UAcdsong, Toni Phi,CF,i_ps,
Tom P. EU-iz, James N. POi WLAP
oh Wittaitd Grotty DWA6, Texa,e
of
its true and lawful Attorney-in-Fact with fuU power and authority hereby conferred to sign and deliver in its behalf as Surety, an and
all kinds of Surety Bonds, except as limited hereon, and to bind THE AMERICAN DRUGGISTS' INSURANCE COMPANY thereby as
fully and to the same extent as if such instruments were signed by the duly authorized offices of THE AMERICAN DRUGGISTS'
INSURANCE COMPANY and all the acts of said Attomeydn-Fact, pursuant to the authority hereby given, are hereby ratified and
confirmed, provided that the liability of the Company as surety on any such bond executed under this authority shall not exceed
One ffuatdned Thouannd Dottau
THIS POWER VOID IF ALTERED OR FRASEU OR IF POWER NUMBER IS NOT IN BLUE INK.
(This power does not authonta the rxecution rat h, ndt for hvn, unsocial or hank guarantees I
The acknowledgement and execution of any such document by said Atu,mcy in f a,t shall he n binding upm the Company as if such
bond had been executed and acknowledged by the regufaily elected ulfi,eis o thn Comnsny
The signature of the President or a Vice President and the woof the Company nu) be afGxeJ by 4cum,it on any power of attorney
granted, and the signatt•r! of the Assistant Sccrctuy and the seal of the Company may be aftlsed by fuumile to any ceroficattof any
such power and any sucii power or certificate bearing such faisrrmle signature and seal shall be valid and binding on the Company. Any
such power so executed and sealed and certified by certificate to execute) and sealed shall, wrrh respect to any bond or undertaking to
4 Odch it is attached, continue to be valid and binding on the Company
THE AMERICAN DRUGGISTS' INSURANCE COMPANY further te rtifres that the follow in Is a trot and euct copy of a resolution
of the Board of Directors of THE AMERICAN DRU(A;ISIS' I%SURANCI (OMPA%N', JI) adopted and nosy in force, to slit: All
Bonds of the corporation shall be executed to the corporate mane of the Cuinpany by the Prrudent, any VKt Preudeat, or by such
other officers as the Board of Directors may authorize The President. any Vi,e PieuJent, or any Asusiant Secretary may appoint
Attorneys-In-Fact or agents who shall have authority to issue bonJs in the nave of the Company
All authority hereby conferred shall expire and terminate, without noti,t, unlau ueJ bef,1re mrdmght of
1 119-- dQ but until such rime shall be nrtvokakle and in full font and effect
IN WITNESS WHEREOF, the wd THE AM[ RYAN DRUG4,I51is ISSI KAY I (OMPA♦Y his cauvJ these presents to betxtcut•
ed by its ofOcer, with its corporate seal affited, this date of . L,)) t h 19 10
Tilt. AM1 Rh AN UKl'G(,It1S' I%SI RA.%Ct COMPANY
r ,
s• a
[~I era ,
3
STATE OF 01110 1 ~Paesident
COUNTY OF HAMILTON I
On lhW2?~ c~9-9__. 14,~~1 . , before one, a Sul at) Plubtt, perMonally appeared Cordon M Balker Mho bunt byy
me duly sworn, acknowledged that he signed the ahrre Purer of Attorney as an uffKer of the said Tilt AMt RICAN DRUGGI TS'
INSURANCE COMPANY and acknowledged tail tnttruriKnt to be the voluntary a,I and deed of the corpotatiort
My commission expire: January 15. 1995. •
~ ~a,n, r
r
° fy r NbT
,
a
t r, r
0
If you hie any questions concerning th4 power call 51).7214270 for terificatlon.
f---- ~a..w..
1
~ ♦ n , ~
s
~ ~
'!Oi - -PAGE 914-- -
THE STATE Or TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON DE D RECORDS
THAT BARRY WACHAL, TRUSTEE 6198
of Denton County, Texas , in consideration, of the sum of
Three Hundred & 00/100 Dollars ($300.00) and other good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which Is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by him . Situated in Denton County, Texas, in the
F. Batson Survey, Abstract No. 43
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 F.
Batson Survey, Abstract No. 43, and also being part of a tract of land as
conveyed from Robert C. Storrie, et al to Barry Wachal, Trustee by deed
dated May 25, 1979 and recorded in Volume 953, Page 897 of the Deed
Records of Denton County, Texas, and more particularly described as
follows:
COMMENCING at the northeast corner of said tract, said point also lying
in the south boundary line of an east-west road known as Payne Driver
THENCE north 890 06' 50" west 9plona the southerly north boundary line
of said tract, same being the south boundary line of Payne Drive a
distance of 631.47 feet to an inner ell corner;
THENCE north 30 43' 19" west along the westerly east boundary line of
said tract a distance of 3.57 feet to the point of beginning;
THENCE north 890 10' 31" west 16 feet south of and parallel to the
northerly north boundary line of said tract a distance of 465.71 feet to
a point for a corner in the west boundary line of said tract;
THENCE north 00 46' east along the weat boundary tine of aiad tract a
distance of 16.0 feet to the northwest corner of said tract;
THENCE south 890 10' 31" east along the northerly north boundary line
of said tract a distnce of 464.45 feet to the northerly northeast corner
of said tract;
THENCE south 30 43' 19" east along the westerly east boundary line of
said tract a distance of 16.05 feet to the place of beginning and
containing 7441.25 square feet of land, more or less.
,
And it id 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 uld property.
For the purpose of constructing, installing, repairing and perpetually
maintaining public utilities In, along, upon and
across sold premises, with the right and privilege at all thess 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 purposes aforesaid the premises above described.
Witness my hand , this the tc~ day of r Ate`. D. 11~9 80 ,
U
SINGLE ACKNOWLEDG31ENT
THE STATE OF TEXAS,
COUNTY OF . __DENTON BEFORE ME, the undersigned authority,
in and for said County, Texas, on this day personalty appearea _ Ac! .WdCha1 1 , Trustee
- . -
known t me to be the person _ .whose nnme is . subscribed to the foregoing instrument, and acknowledged to me
vy
`
;xc;uted the anme for the purPascs and conslder.hiation s ~r therein xdapressed.
DER h:i h itsu AND ~ ~
f t Gr' OFFICE
f T_r' D. 19 8C
f i ttls. .
< Notary Public, . Denton.. County, T yea
My Commisslon F.xpires-J=ne-!x11-
SINGLE: ACKNOWLEDGMENT
THE STATF TEXAS,
COUNTY OF. s~ ( BEFORE ME, the undersigned authority,
in and fo,t4ald 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.--- he executed the same for the purposes and conaidoiatlon therein expressed.
GIVEN UNDER MY HAND AND SEAL. OF OFFICE, This day of , A. 1). 19
f L.S,1
Notary Public, County, Texas
\ir e'nmmissinn Expires June 1, 19
CORPORATION ACKNOWLEDGIMEINT
THE STATE Or, TEXAS, I iIE:FWW 31E, the ur..l.rs'rm•d authority,
COUNTY OF It
In and for said Court % sav, tide d,ry p( I s1~nnlly ap rro I
kn. v,u t, ru f .I. t1,.• parr, n nt 1 rffr,•r
whosa nxmo is ssub^crihcd to il:e , i'"t lit yard nr:;roul 1!,,,, t, n,, I1 0'. 1 n,t of the nn l
preEs on,/. . r P'a r..l o. nl.. n f,rr r1..p vn- , ...,1 ...,..I L,.II.n .1
e •
z rcescd, and t ~ acct • rc , may
GIVEN UNDER M NyJ":
, A :A FICF., TM& J.r; r f A.U. 19
gll
IL,~
~9 !W?+y t re stul yurwJ blKtl p
piYWlllypavitON"rim MMFam Notary I'uifir, County. "Cexar
1I 77LiMOihiligwysgpsitam6 ppusW My 0,3nniklim Expires June 1. 19
01 ~~CE'11TIFICATE:
COUNTY . ;Ai:WW
THE STr~T~i$i, A
AM 1
,
COUNTY OE' Clerk of the Cnurty Court of Bald County, do hereby rectify that the fore, no; Instrumrnt of writing dated on the
day of A. 1>. 19 with its Cortinettte of Auth, ntication, wns Bled for
record In my office on the day of A. U. 19 at o'clock hl., end duly
recorded this dny of A. D. 19 at o'clock h1., in the
kacurds rif sald County, In Vulwne on pages
WITNESS MY IIAND AND SEAL OF THE COUNTY COURT of sold County, at eMce In
, the day and Yrnr last nbme written,
County Clerk County, Trzas.
(L. S.) By _ deputy.
` A d p ~ ~ ~1i1 w ~
Z: 0 Flt fl' s a
x 'i I I.,4 8PM 226„
r Lot 11 X.
y ' 1v1 N g
y,
l ~
P
9 I X11 0~ ~~c~ 9
f
THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS:
j COUNTY OF DENTON
DEED RECORDS
THAT J. P. VICNAR OIL, GAS, LAND & CATTLE COMPANY 7273
of Denton County, Texas , in consideration of the sum of
One Dollar ($1.00) and other good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
1
I these presents grant, bargain, sell and convey unto to the City of Denton, Texas , the free
~E and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
I
described property,
owned by it . Situated in Denton County, Texas, in the
W, NEIL Survey, Abstract No. 971
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. Neil survey, Abst. No. 971, and also being part of a tract of
land as conveyed from Robert K. Hultstrand and Frank G. Newman to
J. P. Vicnar Oil, Gas, Land and Cattle Co. by deed dated 5-31-79
and recorded in volume 954, Page 979 of the Deed Records of
Denton County, Texas, and more particularly described as follows: Begin-
ning at a point in the east houndary line of said tract, said point
of beginning being 9.0 feet north of the southeast corner of said tract;
thence west, 9.0 f2et :forth of and parallel to the south boundary line
of said tract, a distance of 48.6 feet to a point for a corner; in the
west boundary line of said tract. Thence north along the west boundary
line of said tract, a distance of 16 feet to a point for a corner;
thence east a distance of 48.6 feet to a point for a corner in the east
boundary line of said tract; thence south along the east boundary line
of said tract a distance of 16 feet to the place of beginning and con-
taining 777.6 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.
Forthepurposeof constructing, installing, repairing and perpetually
maintaining public utilities in, along, upon and
across said premises, with the right and privilege at all times of the grantee hereln, 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 "Id City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness his hand , this the dd'y day of , A D. 19pd.
ratan-o--
CATTLE COMPANY
~ p'~`/'VOL1006
~sr
SINGLE ACKNOWLEDGMENT ,VOLIOO6 WEJ.V
THE STATE OF TEXAS,
BEFORE AIE, the undersigned authority,
COUNTY L,. .'e
in and a,Cw q~r~c as, on this day personally appeared J P....VI ICNAR. f_..Vionar. oil , _
Gam nd an the Company
kni%" to me to be the peto whose name i5 suhscrlyd to the foregoing instrument, and acknowledged to me
tha`t' e~ he..... se:ute_ ttt Sime *jr the purpose- nd :ons:deralion therein expressed.
1;1VEN UNDER lY'ljAND AND SEAL OF OFFICE, This ceIt'8411 day of t.{CA/t.+.1 A D. 104:?.
14.s1 Ccli~l .(jct
qCJl_......
Notary public; ._..j.?e_i1r\ _ . County, Texas
r < A1y Commission Explres.[uw.i r1D 1.416 NO
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF -
in and for said County, Texas on this day personally appeared
~y tic
w
known to me be a 1aDs~ ame subscribed to the foregoing instrument, and acknowledged to me
that
0EN,q, s q v a purposes and consideration therein expressed.
DER.;4 ,VIAND AND SEAL OF OFFICE, This day of A.D. 19
Woo
kC40PAII, wt~1ed7%a't e~ '°1 .1fDt~mmiaalan County, Texas son sto W tf ~ F1Jp~ S Commission Expires June 1, ID
%P~_,• %W ~ ~ 1S 3rATION ACKNOWLEDGMENT
T110 ..ssro ' 119'
` BEFORE AIE, the undersigned authority,
COUNTY D i4yyr'W
in and said County, Texns, on tLis dny IN r s nn1ly apprared
km i+n to me 1 , tM the pc.-s, n and oMcer
whose name is cubserilc,l to lino, f,rcp~ing iritrnr.~ nl n•,d mAn,~wirdcrl tI ui,• 11. It lk' snore was the act of the said
a corporation, and that he eeeculod the enmc a r the art of Inch c„rjx)ru6Iar for the purposes and consideration therein
expressed, and in the capacity thorcin stated.
GIVEN UNDER MY HAND AND SEAL OF OF VICE, This day of A.D. 19
(L.S.)
Notary public, County, Texas
My COmmlaliort Faplrts June 1, aD
CLERK'S CERTIFICAU
THE STATE OF TEXAS, County
COUNTY OF
Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the
day of , A. D. 19 with its Certificate of Authentication, visa fled for
record In my oMee on the day of , A• D. 19 at o cl(ck M., end duly
recorded We day of A. I). 19 at o'clock MI. In the"
Records of said County, In Volume on pasta
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office In
_ . the day and yea • last nboee written.
County Clerk County, Texas.
(Iw 8.) By , Deputy.
0, j ~ 1 E y i T f
M
l • IQr
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SANTA YE ORIGINAL Filet Ct-28738
Form 2171 Standard
(Appmed by geoe,W eoudw) .
3")("ralc Ru"Mr LINN ACROSS OR AW?M aAILwAT mopxR'rr
fist ~cile 14bt, V w.er aeppty sae 77vner L1p8,6 IrrnpwLh* og VoUac% on,rh r4 or Oeewarooaa)
TATS UCEMA made ad of the__2btll --ally oL February , 1980 ,
between- THE ATCHISON, TOPEKA A."ID SANTA FE-__ --RAMWAY COMPANY.
a Delaware ___corporation (hereinafter called "Santa Fe") and
CITY OF DENTON, TEXAS, a Municipal corporation, acting herein by its
Mayort hereunto duly authorized
(hereinafter whether one party or more called "Llcenstd'). i
Witneueth, that tbwparties hereto for the considerations hereinaf ter expressed covenant and agree as
follows:
1. Iu consideration of the sum of.__ ~ne_ hundred. Fi f ty nad_ to[100ths - - - - - - Dollars
150.00
th--- in hand paid by Licensee to Santa Fe, the recelpt whereof is hereby acknowledged,
end of e covenants and agreements of Licensee hereinafter set forth, and of the faithful performanee~
Licensee of the same, Santa Fe licenses and penalta Licensee to construct, maintain and use an eltctrfe
supply line containing a maximum of____four (4) _ conductors across or along the
premises of Santa Fe at or near the station of- Dento1Denton Coun yt Texas
I the kind and gauge of said conductors, the Due,
frequency and voltage of the electric circuit carried thereon and the location of said eltetrie supply t1t*
being more particularly shown upon the print hereto attached, No. - X-3455 - -
dated -Februa20, 1980
Y.__._marked "Exhibit A", and made a part hereof. For convenience, the acid
electric supply line, Rath all conductors and their supporting or containing structures In so far as they
relate to said electric supply line upon said premises, is hereinafter called the "Electric Supply Una."
2. Licensee shall, at Licensee's own coot, construct and stall times maintain the Electric Supply Una
in strict accordance with the Speciflcatfons, for the time current, for Electric Suppl~ Lines acrnu or along
Railway Property, adopted by the Electrical Section of the Aseaciation of American Railroads, or arm
successor agency except where by statute or order of competent public authority a different type of Con.
struction or a dlt~erent degree of maintenance is required or permitted, in which cane such construction
or maintenance shall be In strict accordance with such statute or order; provided however, all materials
and workmanship employed In the construction and maintenance of the Electric Supply line shall be sub.
ject to the approval of Santa Fe.
3. Licensee shall, at Licensee's own coat, remove nil combustible material from around wooden poles
and will at all times keep the space around such poles free of such mat•.rial, and if removal of such Com-
bustible material shall not be attended to within fifteen (15) days after having been requested b Santa
Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees to ream.
burse Santa Fe for the expense so Incurred.
4. During construction and white repairing, reneuingor changing the Electric Supply Line, Licensee
shall exercise utmost and extraordinary diligence to the end that no dsma a shall occur to the provertr
of Santa Fe, and that there shall be no interference with the operation of its railroad. llpon comp etioa
of the Electric Supply Line or after the makinof any changes, repairs or renewals, Licensee shall, at
Licensee's own coat, restore said premises to their former state' and Licensee shall within fifteen (16)
days after receipt of bill therefor pay to Santa Fe the entire coei Incurred in employt'ng watchmen or such
other means of protection as In tLe judgment of Santa Fe may be required during the construction, mAln•
tenance, repair, renewal or changing of the Electric Supply Line.
6. If at any time duringS the term hereof Santa Fe shall desire to mako any use of its property with
which the Flectiia Supply Llne will In any way Interfere, including the relocation of existing or the eon.
struction of new lines of poles, wires, condults and other facilities In which it shall hsve an Interest, L-
censee shall, at Licensee's own coat within thirty (80) dais after receiving written notice from Santa Fe
to such effect, make such changes fn the Electric Supply Ane as In the Judgment of Santa Fe may be
necessary to avoid interference with the propo•.ed use of Its property.
6. Santa Fe shall ha ve the right at its election itself to construct the Electric Supply Line, and at any
time to make such repai es, renewals or changes therein as it ma deem necessary or desirable, and in the
event Santa Fe shall deride to exercise such right, Licensee ahZ advance to Santa Fe the cost ss esti.
mated by Santa Fe, of such construction, repair, renewal or change. If the actual cost incurred by Santa
Fe in performing such work shall prove more or less than the amount so advanced the difference shall be
promptly paid by Licensee or refunded by Santa Fe, as the case mayy be. Santa Fe may, at its election, ad-
vance the necessary moneys to cover such cost and, in that case, Llcensee agrees promptly upon demand
to pay to Santa Fe all surns so advanced, with interest.
Licensee shall at all times Indemnify and save harmless Santa Fe and other companies operating
over its tracks against, and shall pay in full, all loss, damage or expenso that they or any of them, may
sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use,
state of repair, or presence of the Electric Supply Line upon said premises, including any such loss, dam-
age or expensearising out of (a) lossof or damage to property, (b) injury to or death of persona, (c) me-
chanl& or other liens of any character, or (d) taxes or assessments of any kind.
8. Since this license Is made in part for the benefit of other companies operating over Santa Fe'a
tracks, any of said companies may sue to enforce the provisions hereof, either jointly or severally, as their
interests may be joint or several. None of said companies nor the Santa :'e shall be liable for any dan age,
how&)ever caused, to the Electric Supply Line, whether due to negiigenre or otherwlse.
9. If Licensee shall at any time fail or refuse to comply with or carry out an y of the covenants here-
In contained, and such failure or refusal shall continue far a period of thirty (30) days after written do-
wand for such performance or compliance shall have been made upon Licensee by Santa Fe, Santa Fe
may, at its election, without notice, forthwith revoke this licence, and in case of Ruch elation, or upon any
termination hereof, Licensee shall, npon request, forthwith remove the Electric Su ly Line and restore
said premises to the condition in which they were prior to the constnictfon of the Electric Supply Line.
In cane Licensee shall fall to make such removal or restoration within thirty (30) days Santa Fe may
pproceed with such work and Licensee shall promptly repay to Santa Fe the cost thereo?. No walver by
Santa Fe of any defautf or defaults, or the right to terminate this license, shall be deemed or held to be a
waiver of the right to terminate the some for any subsequent default or defsulta, but notwithstanding
such walver.Santa Fe may terminate this license upon any subsequent default or defaults which may oc-
cur; nor shall any termination hereof release Licensee from any liability or obligatlon hereunder, nheth•
er of indemnity or otherwise, resulting from any acts, omissions or events hnp fening rior to the date of
termination or such later date when the Electric Supply Line may be removed and said premises restored
ss hereinabove provided.
10. Licensee shall at all times, at Licensee's own cost, maintain the most efrective system and use
the bmt known and most effective methods to protect the line, wires, and service of Santa Fe and of any
licenree of Santa Fe whose permission to use said premises antedates the license and permission herein to
Licensee, from interference and physical hazard, and if necessary in order to prevent such Interference
or ba nerd, Licensee shall, at Licensee's own cost, transpose Licensee's circuits or make such changes in
the construction or location of the Electric Supply Line as mAy be specified by Santa Fe.
11. In case of the eviction of Licensee by any one owning or claiming title to or any frterest In said
premises, or any part thereof, Santa Fe shall not be liable to Licensee for any damage of any nature what-
soever, or to refund any moneys paid hereunder.
12. Any notice G) b! given by Santa Fe to Licensee hereunder shall be deemed to be properly served
if the same be delivered to Licensee or If deposited in the Fost Office, postpaid, addremed to Llccrme at
Municipal Building, Denton, Texas 76201
13. In the event Licensee herein consists of two or more parttrs, all the covenants and agreements of
Licensee herein contained shall constitute the joint and several covenants and agreements of such parties.
14. This license may be terminated by either party hereto upon _months' notice
In writing to be served upon the other party, stating therein the day of the month that such termination
will take place; and upon the'exptratidn of the time specified in such notice this license, and all rights and
privileges of Licenseo thereunder shall absolutely cease. This license shall terminate In any event Im•
nrediately upon tbedeath of the Licensee, if the sole Licensee is an Individual.
16. 'T'his license shall.be binding upon and Inure to the benefit of the parties and their respective legal
representatives, successors and assigns provided, however, no assignment hereof by Licensee, Licensee's
legal representatives, successors or =gns, nor any subsequent assignee, sball be binding upon Santa Fe
without the written consent of Santa Fe In each instance, and at the option of Santa Fo this license shall
be forfeited by any such voluntary assignment or by any assignment thereof by operation of law.
2
IN WrrNess'{ H=wF, the parties have executed this license in dupHeAte as of the day and year Carat
above written
THE ATCHISON. TOPEKA AND SANTA FR_EAlLWAY COMPANY
APPROYM: By
As to Description: -
Its Assi'stanc to Ceuerul rtru~a~er
Chief Enitneer
As to Specifications: CITY OF DENTONi TEXAS
~...vC/ BY
Superin ntd of Commnnicationa
Its Hayor _
(Licensee)
(Att".hPrint hs. %
1
Nan ►11 fM 030
e
(A ttt+rh Pr•I n+ )i s"%
The A. T.&S. F.Ry.Co.
Dt~scriplioa Approved
}'or .lC)t•Enginserinll
\4wtcrn Lion crP87.38
dXSilBir "A"
TO CONTRACT BETWEEN
THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY
#V0A7"11E'RNDIVISION DALLAS DISTRICT
AND
Cirr Or DeNrom. TEXAS
j COVvRIN7 A POWER L/N6 CROSSI Nr
M5,4R
} DENy'nN, &-NTON CoUNrY, Texas
1 SCALE I '/OOH A.G.M.•ENGINEERING-AMARILLO. TEXAS N^X•3455
DATED.FEBRU,/RY 20/980
1,1,7? Sec. Ld, AAap /P
Paice/ N.' 9
rack N °d
I ~Pv. Co, Pi-o aei r 4wl4,7 .k'/T
r ^ \ n
' d`Mair~ r~ta~
A 4. 10J 4.9b
Py,Co.P~o~oerfy L/;7"a
LENOTH ON H/W uzj - N0. WtRES
POLES ON R/W -VAna_ SItE W HES &-4ZMJ.4C
I OUYS ON R/W Nona- VOLIAGE. LL.Z-AY
I WASE „ .
CLEARANCE •ABOVE TOP OF HAIL .29i_..-.
CLEARANCE ABOVE RY. CO COMMUNICATION LWES -1.Af%n. _ CICLE
i
TO BE CONSTRUCTED PER AAA SOMFICATIONS
w SAN'M T; OPIGINAr,
,0 File: Ct-28738
Form 2171 Standard
(approrsd br awmwr : B*L%* r) .
_ UCZ?f SE FOR
~IDlsetHe L
LSaL4 Ebw~ eppply udTr9lU'y~ K I a rraeDKtln of Veltse% Ortrbo" or Usawwropoa)
THIS LiCTsIY4Et made as of the 26th day of February 1980
between. THE ATCHISON, TOPEKA AND SANTA FE____RAILWAY COMPANY.
a
Delaware -...corporation (hereinafter called "Santa Fe") and
CITY OF DENTO.N, TEXAS, a Municipal corporation, acting herein by its
Mayor, hereunto duly authorized
(hereinafter whether one party or more called "Licensee").
Wimeseeth, that the tarties hereto for the considNratlons hereinafter expre-"" covenant and as -ea as
follows:
1. Iu consideration of the sum of____.One and do/100ths 7-7-Dollars
($1,00 in hand pald by Licensee to SantA Fe, the receipt whereof Is hereby acknowledged,
and of the covenants and agreements of Licensee hereinafter set forth and of the faithful performance by
Licensee of the same, Santa Fe licensee and permits Licensee to construct, maintain and use an electric
pt:pply line containing a maximum of.-.____._f_our (0
conductors across or along the
premises of Santa Fe at or near the station of Benton, Denton Countg.e_Texas
the kin.] and gauge of said conductors, the phase,
frequency and voltage of the electric circuit carried thereon and the location of said electric supply line
being more particularly ahown upon the print hereto attached, No..... X-3454
dated _Februarrr 20, 1980
--marked "Exh'Iblt A", and made it part hereof. For convenience, the Bald
electric supply tine, with all conductors and their supporting or containing structures In so far as they
relate to said electric supply line upon said premises, Is hereinafter called the "Electric Supply Line."
2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Electric Supply Use
In strict accordance with the Specilleations, forth* time current, for Electric Supply Llna across or along
Railway Property, adopted by the Electrical Section of the Association of American Railroads, or any
successor agency except where by statute or order of competent public authority a different type of con-
etruction or a dr6erent degree of maintenance is required or permitted, in which case such construction
or maintenance shall be In strict accordance with such statute or order; provided however, all materials
and workmanship employed in the construction and maintenance of the Electric Ruppty Line shall be sub.
ject to the approval of Santa Fe.
3. Licensee shall, at Licensee's own cost, remove all combustible material from around wooden poles
and will at all times keep the space around such poles free of such material, and if removal of such com-
buetible material shall not be attended to within fifteen (161 days after having been requested by Santa
Fe so to do, Santa Fe shall have the right itself to perform the work and Licensee hereby agrees to reim.
burse Santa Fe for the expense so incurred.
4. During construction and while repairing, renewing or changing the Electric Supply Line, licensee
shall exercise utmost and extraordinary diligence to the end that no damage shall occur to the proDert~
of Santa Fe, and that there shall be no interference with the operation of its raliroad. Upon comyymuot_n
° of the Electric Supply Line or after the madog of any changes, repairs or renewals, Licensee shall, at
Licensee's own coat, restore said premises to their former state' and Licensee aball within fifteen (16)
day's after receipt of bill therefor, pay to Santa Fe the entire coat Incurred in employing watchmen or such
other means of protection as in the judgment of Santa Fe may be required during the construction, main.
tenance, repair, renewal or changing of the Electric Supply Line.
6. If at any time during the term hereof Santa Fe shall desire to make any use of its property with
which the Electric Supply line will In any way Interfere, Including the relocation of existing or the con-
struction of new lines of poles, wires, condults and other facilities in which It ebalt have an Interest, U.
ten-tee shall, at Licensee's own coat within thirty 80) days after receiving written notice from Santa Fe
to such effect, make such changes 1'n the Electric apply Line as in the judgment of Santa Fe may be
necessary to avoid Interference with the proposed use of its property.
6. Santa Fe shall have the right at its election itself to construct the Electric Supply Line, and at any
time to make such repairs, renewals or changes therein as it may deem necessary or desirable, and in the
event Santa Fe shall decide to exercise such right, Licensee aball advance to Santa Fe the cost, ea esti-
mated by Santa Fe, of such construction, repair, renewal or change, if the actual cost Incurred by Santa
Fe In performing such work shall prove more or less than the amount so advanced, the difference shall be
promptly paid by Licensee or refunded by Santa Fe, as the easo may be. Santa Fe may, at its electfon, ad-
vance the necessary moneys to cover such cost and, In that case, Licensee agrem promptly upon demand
to pay to Santa Fe all sums so advanced, with interest.
7. I_'ceasee chill at all times Indemnity and save harr.desa Santa Fe and other companies operating
over its tracks against, rind shall pay in full, all loss, damage or expense that they or any of them, may
sustain, Incur or become llable for, resulting In any manner from the construction, maintenance, use,
state of repair, or presence of the Electric Supply Line upon said premises, including any such lops, dam-
age or expense arising out of (a) loss of or d.unsge tr, property, (b) injury to or death of 1Mrsons, (c) mo--
chanics' or other liens of any character, or (d) taxes or asseasrnenUi of any kind.
8. Since this license is made in part for the benefit of other companies operating over Santa Fe's
tracks, any of said companies may sue to enforce the prw.isions hcrcof, Other jointly or severally, as their
interests may be joint or several. None of said companies nor the Santa Fe shell be liable for any damage,
howsoever caused, to the Electric Supply Line, whether due to negligence or otherwise.
9. If Licensee shall at any time fail or refuse to comply with or carry out an of the covenants here-
in contained, and such failure or refusal shall continue fur a 1~ rlod of thlrty (P,0) days after written de-
mand for such performance or compliance Phall have been made u"n Licensee by Santa Fe, Santa Fe
may, at its election, without notice, forthwith revoke this license, and in case of such election, or upon any
termination hereof, Licensee shall, !tpon request, forthwith remove the Electric Supply Line and restore
said premises to the condition in which they were prior to the construction of the Electric Suppfpp Line.
In case Licensee shall fall to make such removal or restoration within thirty (SO) day.+ " snta Fe may
proceed with such work and Licensee shall promptly repay to Santa Fe The cost thereof. So waiver by
Santa Fe of any default or defaults, or the right to terminate this license, shall be deemed or held to be a
waiver of the right to terminate the same for any subsequent default or defaults, but notwithstanding
such waiver Santa Fe may termirate this license upon an; aubsequent default or defauts which MAY oc-
cur; nor shall any,termination hereof release Licensee from Any liability or obligation hereunder, wheth-
er of indemnity or otherwise, resulting from any acts, omlasions or events ha pening prfor to lie date of
termination or such later date when the Electric Supply Line may be removed and said premises restored
as hereinabove provided.
. 10. Licensee shall at all times, at Licensee's own coat, maintain the most effective system and woe
the beat known and most effective methods to protect the lines, wires, and service of Santa Fe and of any
licensee of Santa Fe whose permission to use Paid premlSes antedates the license and perrriaslon herein to
Licensee, from Interference and physical hazard, and If recesrary In order to prevent such Interference
or hazard, Llcenseo shall, at icenseo's own cist, transpose Licensee's circuits or make such changes In
the construction or location of the Elecfria Supply Line as may be specilled by Santa Fe.
11. In caaa of the eviction of Jdcensee by any one owning cr claiming title to or any interest In said
premises, or any part thereof, Santa Fe shall not be liable to licensee for any damage of any nature what-
soever, or to refund any moneys pald bereunder.
12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be properly served
if the same be delivered to Licensee or if deposited In the Post Office, postpald, addressed to Licensee at
Hunic~al BuildinSi Denton Texas 76201 y.
13. In the event Licensee herein consists of two or more partle.~, all the covenants and agreements of
Licensee herein contained shall constitute the joint and several covenants and agreements of Such parties.
14. This license may be terminated by efther party hereto upon .99a _00 . ---Months' months' notce
In writing to be served upon the other party, stating therein the day 9f the month that such termination
will take place' and upon the ecpiratioh of the time specified In such notice ibis llernse, and all rights and
privileges of Li tine death thereunder shalt absolutely cease. This license shall terminate In any event im-of the Mensee, if the sole Licensee Is an individual.
15. This license shall flo binding upon and inure to the beneft of the parties and their respective legal
repreaentativea, aucceaeors and aaaigrusi provided, however, no assignment hereof by Licensee, Licensee's
1e al representatives, aueceeaora or assigns, nor 4ny subsequent assignee, shall be binding upon Santa Fe
wfthout the written consent of Santa b'e in each inetnnce, and at the option of Santa Fe this license shall
be forfeited by any such voluntary assignment or by any assignment (hereof by operation of 1a1v.
Y '
IN WrrK 9' WHEUSoy, the parties have executed this license in & plicate as of the day and year first
above written.
THE ATCHISON. TDPEKA AND SANTA_ FE RAILWAY COMPANY
AppPovED: By -
As to Description :
its_ Aas etant to General Hanager
- -----Chief EngUeer
As to Speciacations: CITY OF DENTON0
~
By ~05 ~-XiZ
Superintr de t of Communications
Its t4eyor
s
►so~f ~ n :M usi
. ^ TI,a A. T. & S. F. Ry. Ca.
Dejrri lion Approved
I'nr Af)1•Engir,cerinX
G'..,rrn Lines
cr ze~s<g
EXHIBIT "A"
TO CONTRA(T BETWFEN
THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY
NORTHERN DIVISION DALLAS D1STnICT
AND
CirY OF DsNrok, rEx,4s
COVER/NG A P0IVEeL11y,-ccA705S/Nr
.VE.4a
DENTONs 0E1v r oN Coc/N rye rEx.4s
SCALE 1 -/JOB A.G.M.•ENGINEERING•AMARILLO. TEXAS Nr,X-3454
DATEO.fEB.20,/980
4 b
0
Ya/. Sec. 23,/ap/2 h
Pam e/ 24 ryO J^~
V O V 1 ~
~ h~ O'313o"C ~
Illy. Co.P1o.Oe1-fy Li~ I^ e
1r Mr
r
rip
Mdin Ties e ' ' ro De//on Jot.
1/ S a.55a 0 4~
M. : /O
rr r rr
,3,. Co Pioperl
. ~o
hh~
LENGTH ON R/W 182,2 _ NO. WIRES
POLES ON R/W Nw~G~ SIZE WIRES AlU72Ad4C
GUYS ON R/W dlatr~, VOLTAGE.
CLEARANCE ABOVE TOP OF RAIL .2.0.2 0 FiIASE
CLEARANCE ABOVE AY. CO COMMUNICATION LINES 4111i1Z- C1CLE
TO BE CONSTRUCTEO PER AAR SPECfFICAT10NS
•!H v~r ..q STr. 4N N7 /L* lf'l "r
SANTA IT, G!'!G4AA1, _ File: Ct-28738
Form 9171 Standard
(aYeroroa by 0w 1 aoaaRq)
LICa9rael iX)R
JaA "t M 9VPrLY UNC A=083 OR ALONG RAILWAY MO"Wn
IBlootrle 1.1alt 11vww arpui7 ua Troevy Llama 1,rsspwtl» of Yolug.. Orwb0&d Of v.a,rsreasa)
TITS LICENSE, made as of tha_ 2bth -day February^- - , 19 80 ,
between THE ATCiIISON, TOPEKA AND SANTA FE _RAILWAY COMPANY.
a Delaware
corporation (bereinafter called "Santa Fe") and
CITY OF DENTON, TEXAS, a Hunicipal corporation, acting herein by its
Mayor, hereunto duly authorized
(hereinafter whether one party or more called "fdcenssW').
Witneeseth, tbat the'partiee hereto for the conaideratiorA hereinafter expressed cocer.ant and agree as
follows:
1. In consideration of the sum of One Hundred. I Ety_ and '<o/ 100th,
150.00 in hand paid by Licensee to Santa Fe, the receipt whereof Is h, reby acknowledged,
and of the covenants and agreements of Licensee hereinafter set forth, And of the raithful performance by
Licersee of the same, Santa Fe licensee and permits 1.1".1see to cnn..truct, maintain and use an electric
supply lire containing a maximum of ...__tw9. (Z) conductors across or along the
premises of Santa Fe at or near the station of _ Denton,. Denton County, Texas
the kind and gauge of acid conductors, the phase,
frequency and voltage of the electric circuit carried thereon and the location of said electric eupply line
being more particularly shown upon the print hereto Rttached, No. X-346-0
dated_February_ 25 L 1980 - - -
__marked "Exhibit A", and muds a part hereof. For convenience, the sold
elecMe eupyly lIoe, write all conductors and tbetr support(ng or containing structures In so far u they
relate to Bald electric supply line upon said premises, La hereinafter called the "Electric Supply Une."
2. Licensee shall, at Licensee's own cost, construct and at all times maintain the Electrie Supply Ure
in strict accordance with the Specifleatione, for the time current, for Electric Sappy lJnes across or along
[railway Property, adopted by the Electrical Section of the Association of American Railroads, or any
successor agency except where by statute or order of competent public authority a different type of con-
struction or a dlt~'erent degree of maintenance is mquired or permitted. In which case such construction
or maintenancesball be In strict accordance witb such statute or order; provided however, all materials
and workmanship employed in the construction and maintenance of the Electric Supply Una shall be rub.
f ect to the approval of Santa Fe.
3. Licensee shall, at Ucensee'a own coat, remove all combustible material from around wooden poles
and will at all times keep the space around such poles free of such material, and if removal of such com-
bustible material shall not be attended to within fifteen (16) days after having beta requested by Santa
Fe so to do, Santa Fe shall have the right itself to perform the work And Ucersce hereby agrees to reim-
burse Santa Fe for the expense w Incurred.
4. During construction and while repairing, renewing or changin5 the Electric Supply Line, Licensee
shall exercise utmost and extraordinary diligence to the end that no darns a shall occur to the property
of Santa Fe, and that there shall be no Interference pith the operation of its railroad. Upon Completion
of the Electric Supply Line or after the making of any changes, reDalm-or renewals, Utensee shall, at
Licensee's own cost, restore said premises to their former states tinLicensee shall within fifteen (16
days after receipt of bill therefor, pay to Santa Fe the entire too[ Incurred in employ~ng wstchmen or such
other means of protoction as in the judgment of Santa Fe may be required during tthe construction, main.
tenAnee, repair, renewal or changing of the Electric Supply Line.
5. If at any time during the term hereof Santa Fe shall desire to make any use of Its property with
which the Electric Supply Line vrilf in any way interfere, Including the relocation of existing or the con-
struction of new lines of poles, wires, conduits and other facilities in whlcb it abaci have an Interest, U-
censea shall, at Licensee's own coal, within thirty 80) dr ~vs ofter recelring written notice from Santa Fe
to such effect, make such changes n the Electric upply line as In the Judgment of SAnta Fe may be
necessary, to avoid Interference with the proposed use of Its property.
fi. Santa Fe shall have the right at its election itself to construct the Electric Supply Line, and at any
time to mr,ke such repairs, renewals or changes therein as it may deem necessary or desirable, end in the
event Santa Fe shall decide to exercise such ri;ht, Licensee shall advance to Santa Fe the cost, as eatt-
mated by Santa Fe, of such construction, repair, renewal or change. If the actual cost Incurred by Santa
Fe in performing such work shall prove more or less than the amount so advanced, the difference shall bo
promptly paid by Licensee or refunded by Santa Fe, as the case may be. Santa Fe may, at its election, ad-
vance the necessary moneys to corer such cost and, in that case, Licensee agrees promptly upon demand
to pay Ia Santa Fe all sums so advanced, viith interest.
7. Licensee shall at all times indemnify and save harmless Santa Fe and other companies operating
over its tracks against, and shall pay In full, all loss, damage or expense that they, or any of them, may
sustain incur or become liable for, resulting in any manner from the construction, maintenance, use,
state oft repair, or presence of the Electric Supply Line upon said premises, including any such loss, dam-
age or expense arising out of (a) loss of or damage to property, (b) injury to or death of persons, (c) me-
chanics' or other liens of any character, or (d) taxes or assessments of any kind.
8. Since this license Is made in part for the benefit of other companies operating over Santa Fe's
tracks, any of said companies may sue to enforce the provisions hereof, either jointly or severally, as their
interests may be joint or several. None of said companies nor the Santa Fe shall be liable for any damage,
howsoever caused, to the Electric Supply Line, whether due to negligence or otherwise.
9. If Licensee shall at any time fail or refuse to comply with or carry out any of the covenants bare:
In contained, and such failure or refusal shall continue for a period of thirty (30) dgya after written de-
mand for such performance or compliance shall have been made upon Licensee by Santa Fe, Santa Fe
may, at its election, without notice, forthwith revoke this license, and incase of such election, or upon any
termination hereof, Licensee shall, upon request, forthwith remove the Electric Supply Line and restore
said premises to the condition in which they were prior to the construction of the Electric Supply Line.
In case Licensee shall fail to make such removal or restoration within thirty (80) days Santa Fe may
proceed with such work. and Licensee shall promptly repay to Santa Fe the cost thereof. No waiver by
Santa Fe of any defaulc or defaults, or the right to terminate this license, shall be deemed or held to be a
waiver of the right to terminate the same for any subsequent default or defaults, but notwithstanding
such waiver Santa Fa may terminate this license upon any subsequent default or defaults which may oc-
cur; nor shall any termination hereof release Licensee from any liability or obligation hereunder, wheth-
er of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of
termination or such later date when the Electric Supply Line may be removed and -if d premises restored
as herefnabove provided.
10. Licensee shall at all times, at Licensee's own cost, maintain the most effective system and use
the best known and most effective methods to protect the lines, wires, and service of Santa Fe and of any
licensee of Santa Fe whose permission to use said premises antedates the license and permission herelu to
Licensee, from Interference and physical hazard, and of necessary in order to prevent such interference
or hazard, Licensee shall, at Licensee's own cost, transpose Licensee's circuits or make such changes In
the construction or location of the Electric Supply Line as may be rpecified by Santa Fe.
11. In case of the eviction of Licenses by any one owning or 0aiming title to or any Interest In said
premises, or any part thereof, Santa Fe shall not be liable to Licem,ee for any damage of any nature what-
soever; or to refund any moneys paid hereunder.
12. Any notice to be given by Santa Fe to Licensee hereunder shall be deemed to be properly served
if the same be delivered to Licensee or if deposited In the Post Office, postpaid, addressed to Licensee at 13. In the event Licensee herein consists of twe or more parties,
all the covenants and agreements of
Licensee herein contained shall constitute the joint and several covenants and agreements of such parties.
14. This lice)we may be terminated by either party hereto upon _gne CZ~~.- __months' notice
In writing to be served upon the other party, stating therein the day of the month t .ac such termination
will take place; and upon the expiratlon of the timespecifled in such hotice this license; and all rights and
privileges of Licensee thereunder shall absolutely cease. This license shall terminate In any event im-
mediately upon the death of the Lleensee, if the sale Licensee is an individual.
lb. This license shail,be binding upon and Inure to the benefit of the parties and their respective legrl
representatives, successors and assigns' provided, howover, no assignment hereof by Licensee, Licensor i~
1egal representatives, sum essora or sea~gns, nor any subsequent assignee, shall be binding upon Santa Fe
Klthout the written crarent of Santa Fe in each inatonce, and at the option of Santa Fe this license shall
be forfeited by any such voluntary, assignment or by any assignment thereof by operation of law.
• y
' 1
IN WI'M s Wmmwy, the parties have executed this license in duplicate as of the day and year first
above written.
THE ATCHISON TOPEKA AND-SANTA FE-RAILWAY COMPANY
Aseaovm: By All?
As to Description
Its. Assistant to General Manager
Chief Engineer
As to Specification: CITY OF DE.V"TOX
Superin nnot Communications
Its Mayor
(Licensee?
r
"Milt itNOV
Vie A. T. & S. F. Hy. Qx -
~etcn~(o~u Ap~lhroyed 1
For AGAI-Em&ecring
Weplerm Llacs
CT 287.8
EXHIBIT "A"
TO CONTRACT BETWEEN
THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY
NORTHERN DIVISION 041-648 DISTRICT
AND
CIry of D5#rca, TEXAs
COVER/NQ 4 POWERLINE
NEAR
Z)ZVro/V, DENMAe COUNTY T~x.Qs
SCALE f 200' A.G.A1..ENGINEERIN6•Ah1ARILLO, TCXAS NOX-54GO
DATED: reB 25 19 4
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LENGTH ON R/W 24B't_ NO. WIRES
FOLE4 ON N/W SIZE WIRES i~AAC
BUYS. ON R/W .1fiad_ VOLTAGE z%z yy
CLEARANCE ABOVE TOP OF RAIL PHASE .SIt 4t-
CLEARANCE ABOVE RY. CO. OOMMUI+ICATIGN LINES C1CLE 6C2_
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j TO BE CONSTRUCTED PER AAR SPEOFX:ATIONS
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"IFE TITLE INSURANCE Companyof Dallas
Owner Policy
of Title
Insurance GF# 21420
USLIFE TITLE INSURANCE Company of Dallas, DALLAS, TEXAS, a Texas Corporation,
HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein
named Insured, the heirs, devisees, executors and administrators of the Insured, or if a
corporation, its successors by dissolution, merger or consoidation, that as of the date hereof,
the Insured has good and indefeasible title to the estate or interest in the land described or
referred to in this policy.
The Company shall not be liab!e in a greater amount than the actual monetary loss of the
Insured, and in no event shall the Company be liable for more than the amount shown in
Schedule A hereof, and shall, except as hereinafter staled, 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 land as hereby
gc. -:.nteed, but the Company shall not be required to defend against any claims based upon
matters in any manner excepted under this policy by the exceptions in Schedule B hereof or
excluded by Paragraph 2, "Exclusions iron- Coverage of this Policy," of the Conditions and
Stipulations hereof. The party or parties entitled to such defense shall within a reasonable
time after the commencement of such action or proceeding, and in ample time for defense
therein, give the Company written notice of the pendency of the action or proceeding, and
authority to defend, The Company shall not be liable until such adverse interest, claim, or
right shall have been held valid by a court of last resort to which either litigant may apply, and
if such adverse interest, claim, or right so established shall be for less than the whole of the
estate or interest in the land, then the liability of the Company shall be only such park of the
whole liability limited above as shall bear the same ratio to the whole liability that the adverse
interest, claim, or right established may bear to the whole estate or interest in the land, such
ratio to be based on respective values determinable as of the date of this policy. In the absence
of notice as aforesaid, the Company is relieved from all liability with respect to any such inter-
est, claim or right; provided, however, that failure to notify shall not prejudice the rights of
the Insured if such Insured shall not be a party to such action or proceeding, nor be served
r with process therein, nor have any knowledge thereof, nor In any case, unless the Company
shall be actually prejudiced by such failure.
Upon sale of the estate or interest in the land, this policy automatically thereupon shall become
a warrantor's policy and the Insured, the heirs, devisees, executors and administrators of the
Insured, or if a corporation,.its successors by dissolution, merger or consolidation, shall for a
period of twenty-five years from date hereof remain fully protected according to the terms
hereof, by reason of the payment of any loss he, they or it may sustain on account of any
<FACE Cp warranty of title contained in the transfer or conveyance executed by the Insured conveying
S ~.q
,a,• ys the estate or interest in the land, The Company shall be liable under said warranty only by
~SDAL o reason of defects, liens or encumbrances existing prior to or at the date hereof and not
t excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability
not to exceed the amount of this policy,
~'r•..cK~. r
s IN WITNESS HEREOF, the USLIFE TITLE INSURANCE Company of Dallas has caused this
policy to be executed by its President under the seal of the Company, but this policy is to be
valid only when it bears an authorized countersignature, as of the date set forth in Schedule A.
At,ryl Vkr lhu,dr, 1, S.cnbry ml 6rMal Cvv ,d
.~urROroFd Sipnl7ur/
Formerly DALLAS TITLE AND GUARANTY COMPANY FOAM Irr 1 11" firm
Conditions and Stipulations
1 Deiini'_ons
The following terms when used in this policy mean:
(a) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law
constitute real property.
(b) "public records": Those records which impart constructive notice of matters relating to the land.
(c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of
any public records.
(d) "date": The effective date, including hour if specified.
2. Exc'usions from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the following
(a) The refusal of any person to purchase, lease or lend money on the land.
(b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec-
ords at the date hereof; and the consequences of any taw, ordinance or governmental regulation including, but not limited to,
building and zoning ordin-ices,
(c) Any tities or rights asserted by anyone including, but not limited to, persons, corporations, governments or other entities
to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, (,ulfs or oceans,
or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line if the harbor or
bull : lines as established or changed by any government, or to filled in lands, or artificial islands, or to riparian rights, or the
rights or interests of the State of Texas or the public generally in the area extending from the fine of mean low tide to the line of
vegetation, or their right of access thereto, or right of easement along and across the same,
(d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or
agreed to by the Insured at the date of this policy, or (2) known to the Insured at the date of this policy unless disclosure thereof
in writing by the Insured shall have been made to the Company prior to the date of this policy; or loss or damage which would
not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property
or kurvivorship rights, if any, of any spouse of any Insured.
3. Defense of Actions
(a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company
the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name
of the Insured for such purpose. Whenever requested by the Company, the Insured shall give the Company all reasonable aid in
any such action or proceeding, in effecting settlement, socuring evidence, obtaining ,,witnesses, or defending such action or
proceeding.
(b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or pro-
ceeding, and such counsel shall have full control of said defense.
(c) Any action taken by the Company for the defense of the Insured or to establish the title as insured, or both, shall not be con•
strued as an admission of liability, and the Company shall not thereby be held to concebe liability or waive any provision of this
policy.
4. Payment of loss
(a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured In settling any claim
or suit without written consent of the Company. •
(b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the
Insurance pro tento; and the amount of this policy shall be reduced by any amount the Company may pay under any policy
Insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a
charge or lien on the land, and the amount so paid shall be deemed a payment to the Insured under this policy.
(c) The Company shell have the option to pay or settle or compromise for or in the name of the Insured any claim Insured against
by this policy, and such payment or lender of payment, together with all costs, attorney fees and expenses which the Company
is obligated hereunder to pay, shsil terminate all liability of the Company hereunder as to such claim, Further, the payment or
tender of payment of the full amount of this policy by the Company shall terminate all liability of the Company under this policy.
(d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vast in the
Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies of the
Insured against any person or property In respect to such claim. The insured, if requested by the Company, shall transfer to the
Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and
shall permit the Company to use the name of the Insured in any transaction or litigation invoking such rights or remedies.
5 Policy Entire Contract
Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of the
title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and arty state-
ment in writing required to be furnished the Company, shat; ins addressed to USLIFE TITLE INSURANCE Company of Dallas, 1301
Main Street, Dallas, Dallas County, Texas 75202,
6 . This policy is not transferable.
(D H C O O a CD m m d
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SCHEDULE A
Amount: $1,100.00 Owner Policy No,: O 1 912875
GF or File No.: 21420-21 CA Date of Policy: February 11, 1980
Name of Insured: City of Dentorti T.. n8 p a Munioipal Corporation
1. The estate or interest in the land insured by this policy is: Fee simple
Ifee simple, leasehold, easement, etc. - identify or describe)
2. The land referred to in (his policy is described as 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 H. Sisco
Survey, Abstract No. 1184, and also being part of a tract of land as conveyed
from H. D. Sheppard to Burnett Flemings and wife, Loretta Flemings by deed
dated April 23, 1970 and recorded in Volume 601, Page 379, of the Deed
Records of denton County, Texas, and more particularly described as follows:
BE)GINNIW at a point 205.76 feet, more or less, south of the northwest corner
of Burnett and Loretta Flemings tract and said point also being in the west
boundary lien of said tracts
THENCE South 87 deg. 52' 08" east a distance of 28.92 feet to the beginning of
a curve to the left, said curve having a central angle of 91 deg. 491 40'
radius of 117.86 feet, tangent of 121.68 feet]
THENCE northerly along said curve, an arc distance of 188.69 feet to a point)
THENCE North 0 deg. 191 12" East a distance of 58 feet to a point for a corner
in the center of an existing branch, said center of branch being the cast
boundary line of said tract)
THENCE in southerly direction with the centerline of the existing branch to a
point in the south boundary line of the He Sisco Survey, said point also being
the south boundary lire of the Flemings tract)
THENCE West with the south boundary line of H. Sisco Survey, 150 feet, more
or less, to a point for a corner, said point being the southwest corner of the
Flemings tracts
THENCE North 52.24 feet, more or less, along the east boundary line of C. P.
Reed tract to the place of beginning, and cw-ItainMg approximately 4,350
square feet of landp more or lose.
UK DENTON
IISLIFE TWe InemmnC• Company of Cellos / 1301 1Mn BI4 Cettos, T4,16 F92M .oeMlt 11^A"Lrv.er.n eo~.uH
SCHEDULE B '
Owner Policy No.: 1 912875
21420-21 OA
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 5chedule A, and to the following matters which are additir`T,i ^-frnntions fr-m the coverage of this
puhcy:
1. Restrictive covenants affecting the land described or referred to above.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or any overlapping of im-
provements.
3. Taxes for the year 19 . 80and subsequent years. not yet due and payable
4. The following lien(s) and al! terms, provisions and conditions of the instrument(s) creating or exidencing .aid lien(s):
a. Vendor's Lien note dated March 26, 1970, executed by Burnett Fleming and
wife, Loretta leming payable to M. C. Sheppard Estate in monthly installments
of $60.00 being in prinicpal suan of $2,306.00 payments including 10%
interest, commencing May 1, 1970, set ot,t in deed from Lorene Sheppard
Darrow, individually and as independent Executrix of Etta Esther Sheppard
Estate, recorded in Volt.me 601, Page 379, Deed Records of Denton County,
Texas.
b. Deed of Trust dated August 17, 1970, recorded in Volume 309, Page 318, Deed
of Trust Records of Denton County, Texas, executed by Burnett Flemings and
wife, Loretta Flemings to Fred H. Minor, Trustee(s), securing the payment of
one note of even date therewith in the sum of $7,000.00, payable to Etta
Esther Sheppard Estate in monthly installments of $75.00 each including 108
interest, commencing September ~71r 1970.
c. Mechanic's Lien contract dated September 11, 1973, executed by Burnett
Flemings and wife, Loretta Flemings to Jim Evans and transferred to Denton
Savings Association, securing one note for $15,829.20 payable in 120 monthly
installments of $132.16 each, recorded in Volume 58, Page 671, Deed
Mechanic's Lien Records of Denton County, Texas.
d. Deed of Trust dated September Ill 1973, recorded in Volume 376, Page 36?.,
Deed of Trust Records of Denton County, Texas, executed by Burnett Fleming
and wife, Loretta Fleming to William E. Brady, Trustee(s), securing the
payment of one note of even date therewith in the star of $15,859.20, payable
to Denton Savings Association. NOTE: This deed of Trust recites the note
therein secured is given in renewal and extension of the $2,300.00 note above
mentioned under (1), but no-transfer of that lien shows of record to Denton
Savings Association.
fOFM IlI I INif.l 11 1011 .IIII
Attaolhed to and made a pert of USLIFE TITLE INSURANCE Company of Dallas Policy, Binder or Commitment No.
SCWWLE B - Section 4 - Continued
Owner Policy No.: 1 912875
5. Drainage easement dated July 24, 1978, executed ty Burnett Fleming and wife
to City of Denton, Texas, of record in Volume 9C3, Page 678, Deed Records of
denton County, Texas.
6. Any portion of the property herein described which falls within the
boundaries of any road or roadway.
7. Visible and apparent easements on or across the property.
I
229 West Hickory
Box 518
Denton Texas 76201
817 387 6148
L161IFETITLE company of Denton
February 22. 1980
City of Denton
Re: Denton
GF21422-21
Gentlemen:
Enclosed herewith is vour owner's Title Insurance Policy.. Your
warranty-deed has been filed for record, and will be returned
to vou.
We have a special complete file covering your oronertv.. For-Proamt,
efficient and courteous. handling_ of future title service..olease feel
free to call us
_V4v truly vours.
...._.Ottis Afters
.Escrow Officer
U11FE TITLE INSURANCE Companyof Dallas
Owner Policy
of Title
Insurance GFsx 22422
USLIFE TITLE INSURANCE Company of Dallas, DALLAS, TEXAS, a Texas Corporation,
HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the herein
named Insured, the heirs, devisees, executors and administrators of the Insured, or if a
corporation, its successors by dissolution, merger or consolidation, that as of the date hereof,
the Insured has good and indefeasible title to the estate or interest in the land described or
referred to in tl+is policy.
The Company shall not be liable in a greater amount than the actual monetary loss of the
Insured, and in no event shall the Company be liable for more than the amount shown in
Schedule A hereof, and shall, except as hereinafter stated, at its own cost defend the insured
in every action or proceeding on any claim against, or right to the estate or interest in the land,
or any part thereof, adverse to the title to the estate or interest in the land as hereby
guaranteed, but the Company shall not be required to defend against any claims based upon
matters in any manner excepted under this policy by the exceptions in Schedule B hereof or
excluded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Conditions and
Stipulations hereof. The party or parties entitled to such defense shall within a reasonable
time after the commencement of such action or proceeding, and in ample time for defense
therein, give the Company written notice of the pendency of the action or proceeding, and
authority to defend The Company shall not be liable until such adverse interest, claim, or
right shall have been held valid by a court of last resort to which either litigant may apply, and
if such adverse interest, claim, or right so established shall be for less than the whole of the
estate cr interer in the land, then the liability of the Company shall be only such part of the
whole liability limited above as shall bear the same ratio to the whole liability that the adverse
interest, claim, or right established may bear to the whole estate or interest in the land, such
ratio to be based on respective values determinable as of the date of this policy. In the absence
of notice as aforesaid, the Company is relieved from all liability with respect to any such inter-
est, claim or right; provided, however, that failure to notify shall not prejudice the rights of
the Insured if such Insured shall not be a party to such action or proceeding, nor be served
with process therein, nor have any knowledge thereof, nor in any case, unless the Company
shall be actually prejudiced by such failure.
Upon sale of the estate or interest in the land, this policy automatically thereupon shall become
a warrantor's policy and the Insured, the heirs, devisees, executors and administrators of the
Insured, or if a corporation, its successors by dissolution, merger or consolidation, shall for a
period of twenty-five years from date hereof remain fully protected according to the terms
hereof, by reason of the payment of any loss he, they or it may sustain on account of any
SJPnccr ce4A warranty of tltlt contained in the transfer or conveyance executed by the Insured conveying
r; the estate or in.erest 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
9$AI' ° excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability
.ti
not to exceed the amount of this policy.
~~r t R!,., j,
IN WITNESS HEREOF, the USLIFE TITLE INSURANCE Company of Dallas has caused this
policy to be executed by its President under the seal of the Company, but this policy is to be
valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. t 0:
tnnl Yra I~mAnl. S.nrruf rd riV'IN Cvw.r
,~UfhfvWAJp'f/fWfl
Formerly DALLAS TITLE AND GUARANTY COMPANY ro"" I ti t som sra
Conditions and Stipulations
1 Definitions
The following terms when used in this policy mean:
(a) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law
constitute real property.
(b) "public records": Those records which impart constructive notice of matters relating to the land.
(c) "knowledge": Actual knowledge, not constructive knowledge, or notice which may be imputed to the Insured by reason of
any public records.
(d) "date": The effective date, including hour it specified.
2 Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by reason of the following:
(a) The refusal of any person to purchase, lease or lend money on the land.
(b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public rec-
ords at the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to,
building and Toning ordinances,
(c) Any titles jr rights asserted by anyone including, but not limited to, person;, corporations, governments or other entities
to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans,
or to any land extending from the line of mean low tide to the line of vegetation, or to lands beyond the line of the harbor or
bulkhead lines as established or charged Py any government. or to filled in lands, or artificial islands, or to riparian rights, or the
rights or interests of tho State of Texas or the public generally in the area extending from the line of mean low tide to the line of
vegetation, or their right of access thereto, or right of easement along and across the same.
(d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or
agreed to by the Insured at the date of this policy. or (2) known to the Insured at the date of this po'icy unless disclosure thereof
in writing by the lnsured shall have been mode to the Company prior to the date of this policy; or loss or damage which would
not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property
or isurvivorship rights, if any, of any spouse of any Insured.
1 Defense of Actions
(a) In all cases where this policy provides for the defense of any action or proceeding, the Insured shall secure to the Company
the right to so provide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name
of the Insured for such purpose Whenever requested by the Company, the Insured shall give the Company aft reasonable aid in
any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or
proceeding.
(b) The Company shall have the right to select counsel of ds own choice whenever it is required to defend any action or pro-
ceeding, and such counsel shall have full control of said defense
(c) Any action taken by the Company for the defense of the insured or to establish the tale as insured, or both, shall not be eorr
strued as an admission of liability, and the Company shall not thereby be held to concede liability or waive any provision of this
policy.
4, Payment of Loss
(a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any claim
or suit without written consent of the Company,
(b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the
insurance pro tanlo; and the amount of this policy shall be reduced by any s"aunt the Company may pay under any policy
insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a
charge or lien on the land, and the amount to paid shall be deemed a payment to the Insured under Ih,s policy
(c) The Company shall have the option to pay or seltle or compromise for or in the name of the Insured any _Iarm insured against
by this policy, and such payment or tender of payment. together with all rosts. altofrwV frvs And r penses whoch the Company
is obligated hereunder to pay, shall terminate all liability of the Crxmpany herournler as to sixh cid m Ftd Lher, the payment or
lancer of payment of the full amount of this policy by the Company shall terminate, alt liar br6ty of the Company under this policy.
(d) Whenever the Company shall have settled a claim under Ihis policy, •tl rrghl of subrogation shall vest in the
Company unaffected by any act of the insured, and it shall be subrogated to and oe entitled to an rights and remedes of the
Insured against any person or property in respect to s•rch claim The Insured, if requested by the Company, shall transfer to the
Company all rights and remedies against any person or property necessary in order to perfml such right of sutxogst on, and
shall permit the Company to use the name of the Insured in any transaction or Irtwgatron involv,,uj such rights or remedies
5. Policy Entire Contract
Any action, actions or rights of action that the Insured may have, or may bring against the Company, afwng out of the status of he
title insured hereunder, must be based on the provisions of Viii policy, and an notices required to be given the Company, and any state,
merit in writing required to be furnished the Company, shalt be addrassed to LISLIFE TITLE INSURANCE Company of Dallas, 1301
Main Street, Dallas. Dallas County, Texas 75202
6. This policy is not transferaWe.
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SCHEDULE A
Amount: $800.00 Owner Policy No„ 0 1 912893
GF or file No.: 21422-21 OA Date of Policy: February 21, 1980
Name of Insured: City of Denton
1. The estate or interest in the land insured by this policy k: Fee siatple
(fee simple, leasehold, easement, etc. - identify or describe)
2. The land referred to in this policy is described as 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 H. Sisoo
Survey, Abstract No. 1184, and also being part of a tract of land as conveyed
from M. C. Sheppard to A. M. McDade and wife, Beulah McDade by deed dated
June 9, 1951, and recorded in Volume 370, Page 5800 of the Deed Records of
Denton County, Texas, and more particularly described as follows:
BEGINNING at a point 44.57 feet south, more or less, of the southeast corner
of A. H. McDade lot and the northwest corner of the C. P. Reed lot;
THENCE South with the west boundary line of C. P. Reed's lot, 163.45 feet,
more or less, to C. P. Reed's southwest corner in the south boundary line of
H. Sisco Survey;
THENCE West with the south boundary line of Sisco Survey, 65.0 feet to the
southeast corner of Floyd McCoy lot;
THENCE North with the east boundary line of said McCoy lot, pasting his
northeast corner at 60.0 feet, and continuing in all 165.85 feet, more or less
to the southwest corner of the City of Denton, Texas easement as conveyed
to the City by A. M. McDade of July 26, 1978, and in the east boundary line of
a lot conveyed to W. M. Smith;
WENCE East with the South boundary line of the City of Denton easement, 65.5
feet to the place of beginning and containing 10,701.35 square feet of land,
more or less.
ueL / OEN70N
u9LIFe Tive fn/ugnt4 company of Daiiaa / 1J01 Main 0r. Dadra, faras 15201 roannF^iar. ST.T II0M, 1,N
SCHEDULE B
Owner Policy No.: 1 912893
21422-21 OA
This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in-
sured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this
poky:
1. Restrictive covenants affecting the land described or referred to above.
2. Any4crepancies, conflicts, or shortages in area or boundary lines, or any encroachments, cr any overlapping of im-
provements.
3. Taxes for the year 19__ _80and 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. Drainage easement dated , 1978, executed by A. McDade to the City of
Denton, Texas, of record-In Volume 903, Page 630, Deed Records of Denton
County, Texas.
6. Any portion of the property herein described which falls within the
boundaries of any road or roadway.
7. Visible and apparent easements on or across the property.
d
rar+• rrr r rwet.r a soy aiH
WFIFE TITLE INSURANCE Company of Dallas
PURCHASER'S STATEMENT
DATE _ 38,_80 GF NO. 21422
SALE FROM A.M.M,CDade TO Jity of Denton.
PROPERTY 10,701.35 sq.ft.of H.Sisco Sur. Abst.1184, inCity of Denton.
PURCHASE PRICE a 800.00 _
PLUS: CHARGES
Filing fees to County Clerk WD 11.00 REL 50-Q~T-csO- 26.00
TST Agmt. Af'
1 a
Loan charges and fees due to
S
Loan transfer fee or assumption fee 6
Fees to USLife Title Company
Title Policy: Owner -108. 00 _ M orig agBinder
Escrow Restrictions
a 138.00_
Tax Certificates. State and County
gc City and School
Other { 9.00
{
Survey fee to g
Attorney's fees for preparation of papers to { 1
t _
Flood insurance premium to a
Hazard insurance premium to {
Tax and insurance escrowed with {
mos. tax depositca per mo.
mos hazard insurance@ per mo.
mos. flood insurance@ per mo.
mos, mortgage insurance @ per mo.
{
Interest from to a
{
Proration of hazard insurance from tc {
Proration of flood insurance from to
Maintenance charge proration from to 111
Tax proration from to a
Escrowed accounts with lender purchased from Seller {
a
TOTAL CHARGES IL73.='
GROSS AMOUNT DUE BY PURCHASER s 973+ .00
LESS: CREDITS
Down payment or earnest money paid to _
Loan from _
Note assumed =
Interest proration from to a .
Tax proration from to _ a .
Rent proration from to _
Other Credit {
TOTAL CREDITS 11 00 00
BALANCE DUE BYJM PURCHASER {_9?3,00
Purchaser understands the Closing or Escrow Agent has assembled this information representing the trensmion from
the bolt information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or tendon
Involved may be furnished a copy of this Statement.
Purchaser understands that tax and Insurance prorotions and reserves were based on figures fa the proceding year or
supplied by other{ or estimate{ for current year, and in the {vent of any change for current year, all necessary adjustments
must be made between Purchaser and Seller trnli f e Tit le CO .
The undorslgrted hereby authorizes to make oxpendituref and
disbursamenls as shown above and approves same for payment. The undersigned also acknowledge{ receipt of Loan Funds.
N arvlkable, In the amount showh above and a receipt of a copy of tNts St{lt t. - `
~Ir
CLOSING R ESCROW 40ENT ADDRESS
t' i
i~ OF ~r ~ of faoE
THE STA'L'E Ole TL' XAS, KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT Harvey Ann Thompson, .c0 REDUFM 4.109
of Denton County, Texas , in consideration of the sum of
One Dollar ($1.00) and no/100------------and other
good and valuable consideration
in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City of Denton, Texas, the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by her . Situated in Denton County, Texas, in the
W. Pogue Survey, Abstract No. 1012
All that certain lot, tract or parcel of land lying and being situated in
the City and County of Denton, State of Texas, and being part of the W.
Pogue survey, abstract no. 1012, and being part of lot no. 1, of the
Thompson Addition, an addition to the City/County of Denton, and also being
part of a tract of land as conveyed from S.A. Thompson to Harvey Ann Thomps
by deed as recorded in volume 397, page 400 of the Deed Records of Denton
County, Texas, and more particularly described as follows: BEGINNING at the
southeast corner of said tract, said point of beginning lying in the west
right-of-way line of old north road; THENCE north 88°17' west, along the
south boundary line of said tract, a distance of 165.18 feet to a point for
a corner; THENCE north 66°16130" west, a distance of 154.12 feet to a point
for a corner in the west boundary line of said tract; THENCE north 23°43'30
east, along the west boundary line of said tract, a distance of 16.0 feet
to a point for a corner; THENCE south f6016'30" east a distance of 85.1
feet to a point for a corner; THENCE north 23°43'30" east a distance of
25.0 feet to a point for a corner; THENCE south 66°16'30" east a distance
of 16.0 feet to a point for a corner; THENCE south 23°43130" west a dis-
tance of 25.0 feet to a point for a corner; THENCE south 66°16'30" east a
distance of 49.91 feet to a point for a corner; THENCE south 88°17' east,
16.0 feet north of and parallel to the south boundary line of said tract,
a distance of 162.01 feet to a point for a corner in the east boundary line
of said tract, same being the west right-of-way line of Old North Road;
THENCE south 1030' west, along the east boundary line of said tract, same
being the west right-of-way line of old North Road, a distance of 16.0 feet
to the place of beginning and containing 5,458.50 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,
q 1
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 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.
witness MY hand , this the late„ day of A. D. 1980 ,
~i>k0rl Zt/ac1C & vti ' k~n
5
SINGLE ACKNOWLEDGMENT .VOL1001 PAGE
THE STATE OF TEXAS, BEFORE ME, the undersigned authority,
COUNTY OF DENTON__ {
in and for said County, Texas, on this day personally appeared HdTVt?Y Ann .T}lO..
` . tQ ~f
known to me to be the a. z
person whose name S siibscrcd to the foregoing instrumentz aoxl'ackyavled crj td no'
:
that._...She..._ executed the came for the purposes and consideration therein expressed. +r i c
1 r: c
^IVEN UNDER MY HAND AND SEAL Or O_ FtG. , i his day of . , A .D
1' Q
Notary Public, .__......YJI'_Ai
My Commission EmpirypFur,A 1-i9... ati.ako"Or"
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, 1 BEFORE ME, the undersigned authority,
COUNTY OF.__ _ J
in and for said County, Texas, on this day personally appeared_.___
known to me to 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..-...
Notary Public, County, Texas
My Commission Expires June 1, 19
CORPORATION ACKNOWLEDGMENT
THE STATE OF TEXAS, 1 BEFORE NIE, the undersigned authority,
COUNTY OF . _ . 1
in and for said County, Texas, on this day personally appeared
. . known to me to be the person and officer
whose name Is subscribed to the foregoing instrument aid 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, This day of A.D. 19
5~ n~~j aS Notary Public, Texas
+ea o ° r d My Commission Expires June 1,
n 6 c CLERK'S CERTIFICATE
THE S A TES' County
COUNTY F.-.
Clerk of tounouRpofeIL r y, do hereby certify that the foregoing instrument of writing dated on the
record in day of A. D. 19 with its Certificate of Authentication, was filed for rr4b day
on~the $ i , A. D. 19. at o'clock M., and duly
recorded t j. C Yday rd t~ A. D. 19. , at o'clock M., In the
,,eTl~. Records of meld County, In Volume. on pages
WITNE& D ANDY j% COUNTY COURT of said County, at office In
I IL . V . the day and year lest above written.
F #
County Clerk_ County, Texas.
(L By Deputy.
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3316
)EEQ RECORDS
THE STATE OF TEXAS )
EASEMENT
CCUNTY OF DENTON ) 13851
That Harley Corporation, of the County of Denton, Texas, in
consideration of the sum of One Dollar (51,00) and other good and
valuable consideration in hand paid by The City of Denton, Texas,
receipt of which is hereby acknowledged, do by these presents
grant, bargain, sell and convey unto the City of Denton, Texas,
the free and uninterrupted use, liberty, and privilege of the
passage in, along, upon and across the following described
property owned by it, and being situated in the County of Denton,
State of Texas, and being more particularly described as 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 H.B.B. $ C.R.R. Company Survey, Abstract No. 192
and being part of Lot No. 1, Block 1 of the Harley Addition, an
addition to the City and County of Denton, and also being part of
a tract of land as conveyed from Eugenia Porter Rayzor to Harley
Corporation by deed dated April 11, 1979, and recorded in Volume
947, Page 272 of the Deed Records of Denton County, Texas,,and
more particularly described as follows:
BEGINNING at the southwest corner of said tract, said point of
beginning lying in the north right of way line of Scripture Street;
THENCE north 210 51' west along the west boundary line of said
tract a distance of 245.0 feet to a point for a corner;
THENCE north 680 09' east a distance of 16.0 feet to a point for
a corner;
THENCE south 210 51' east 16.0 feet east of and parallel to the
west boundary line of said tract a distance of 88.97 feet to a
point for a corner;
THENCE north 670 42' 4B" east a distance of 154.94 feet to a
point for a corner;
THENCE south 220 17' 18" east a distance of 16.0 feet t,, a point
for a corner;
THENCE south 670 42' 42" west a distance of iS5.06 feet to a
point for a corner;
THENCE south 210 S1' east 16.0 feet east of and parallel to the
west boundary line of said tract a distance of 146.58 feet to a
point for a corner in the south boundary line of said tract samo
being the north right of way line of Scripture Street;
THENCE north 890 36' 10" west along the south boundary line of
said tract came being the north right of way line of Scripture
Street a distance of 17.29 feet to the place of beginning and
containing 6,452.80 square feet of land, more or less.
.Vai000 PAM
voi1000 Yw 353
And it is further agreed that the said City of Denton, TF;:;as
in consideration of the benefits above set out, will remove from
the property above, 3ascribea, such fence's, buildings and ocher
obstructions as may now be found upon said property.
For the purpose of constructing, installing, repairing and
perpetually maintaining public utilities in, along, upon and
across said premises, with the right and privilege at all times of
the grantee herein, his or its agent..., 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 the premises above described.
WITNESS our hand, this the day of
A. D. 1980.
HARLEY CORPORATION
~c
THE STATE OF TEXAS )
COUNTY OF DENTON }
BEFORE ;•ii, the undersigned authority in and for said County,
Texas, on this day personally appeared
of Harley Corporation known to me to e the person an o cer
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
conside- ration therein expressed, and in the capacity therein
stated.
GIV NDER MY HAND AND SEAL OF OFFICE, This the
aay
of 1980. _ mae~e RUT
is'r~•" " DENTON COUNTY, • 3XAS
Commission expires
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UTILITY EASEMENT
DEED RECORDS
THE STATE OF TEXAS X
( X KNOW ALL MEN B SE PRESENTjb
;r'OUNTA Or DENTON Y 36
I, JOSEPHINE H. LAWYER, dealing in my separate perty and estate,
of Falls Church, Virginia, in consideration of the sum of en Dollars
($10.00) and other good and valuable consideration paid to on behalf
of the City of Denton, Texas, receipt of which is hereby ack wledged,
do by these presents grant, bargain, sell and convey unto the City of
Denton, Texas, a municipal corporation, the free and uninterrupted use,
liberty and privilege of the passage in, along, upon, across and under
the following property owned by me situated in Denton County, Texas,
described as follows:
All that certain tract or parcel of land situated in the E. Pogue Sur':ey,
Abstract 1012, City and County of Denton, Texas, and being part of a
(called) 5 acre tract described in a Quit Claim Deed from Harmon J. Lawyer,
to Josephine H. Lawyer on January 14, 1966, recorded in Volume 538, Page
221, Deed Records of said County and being more particularly described
as follows:
BEGINNING at a point on the back of a concrete curb on the West boundary
line of old North Road on the South boundary line of said 5 acre tract,
being S. 88 17' E. 3.0 feet from the Northeast corner of a 18.474 acre
tract described in a deed from Harvey Thompson to Thompson Properties,
LTD on November 1, 1971, recorded in Volume 632, Page 441, Deed Records;
THENCE N. 88°17' W. with an old fence line 16.0 feet to a corner;
THENCE N. 2006' E. 16.0 feet from and parallel to the back of said concrete
curb on the West boundary line of Old North Road, a distance of 409.25
feet to a corner;
THENCE S. 88049' E. with the North boundary line of said 5 acre tract 16.0
feet to a point on the back of curb on Old North Road;
THENCE S. 2006' W. with the back of said curb, 409.4 feet to the place
of beginning, containiny in all 0.150 acres of land; more or less.
It is understood, however, that the only purposes for which such
uses may be applied is the installing, constructing, repairing, replacing
and maintaining underground public utilities owned or holding a franchise
from the City of Denton, Texas. The use of any of this easement shall
be accomplished by placing the utility service lines, pipes and appur-
tenances below the ground so that the same is not, at any time, by erosion
or otherwise, visible and apparent from the surface. Grantee, or its
i va:1002 PACE 305-
: vuL1Q~1z IAu 300
independent contractors or designees, shall repair and replace all
surface dirt, grass, or fences in as gcod a condition as the same
existe9 prior to the installation of the utility se_vics lines as
may be practicable. Grantee shall clean up and haul off all trash
and excess dirt and debris.
Grantee shall have the dominant, but not exclusive, easement
to reasonably use the surface of the premises herein described for
the purposes herein stated.
TO HAVE, AND TO HOLD unto the said City of Denton, Texas, for
the purposes aforesaid the premises above described upon the special
condition, however, that should such easement ever be unused or
abandoned for a period of one (1) year such easement shall, ipso facto,
terminate and the title to the same revert to the Grantor, or her heirs,
personal representatives or assigns.
SIGNED this -j '
day of February, 1980.
J ep ne H. Lawyer
To r,* e. reiva0Awdoo I
X
c!r X
Chi OF WI~Y►/MO,~ X
BEFORE ME, the undersigned authority in and for said County and
State, on this day personally appeared JOSEPHINE H. LAWYER, known to me
to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that shi- executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this A) day of February,
1980.
tary Pub i c-fn 8nd or a"
My comission expires ,~•3/ l~
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CONTRACT `r-
ThIS AGREEMENT, made t!is 29th day of February 1980
I; and between Craig Olden, Inc. herein called
"Owner." acting herein through JLs President
--Tcurporate Name o Owner
and
STRIKE OllT a corporation ~p
INAPPLICABLE 'nditug`b
TERMS
of Frisco CouIty of Collin
and State of
Texas herein called "Contractor."
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR
hereby agrees with the OWNER to commence and complete the construction
described as follows:
Drainage improvements for Pecan Creek, in the City of Denton, Texas.
Work is to include the specifications and conditions contained in
the bid proposal and certifications and conditions contained therein.
Ninety five thousand, nine hundred
hereinafter called the project, for the sum of seventy six and ten/one hundreth
Dollars 95,976.10 and all extra work cn onnecti-on t erew t ,
under the terms as state in the General and Special Conditions of the
Contract; and at his (its or their) own proper cost and expense to furnish
all the materials, supplies, machinery, equipment, tools, superintendence,
labor, insurance, and other accessories and services necessary to complete
the said project in accordance with the conditions and prices stated in
the Proposal, the General Conditions, Supplemental General Conditions and
Special Conditions of the Contract, the plans, which include all maps,
plats, blue prints, and other drawings and printed or written explanatory
matter thereof, the specifications and contract documents therefore as
prepared by the City of Denton , herein entitled the
Architect/ Engineer an a eenumerateTTn-PParagraph 1 of the Supplemental
General Conditions, all of which are made a part hereof and collectively
evidence and constitute the contract.
The Contractor hereby agrees to commence ►,ork under this contract on or
before a date to be specified in a written "Notice to Proceed" of the
Owner and to fully complete the project within 120 consecutive working
,d
damages, ays thereafter. The Contractor futher agrees To pay, as liquidated 1 for each thereafterhassherinafie 5 provfTe-(T n Paragraphc195ofutheeGeneral gConditions.
CONTRACT
Page 2
The OWNER agrees to pay the CONTRACTOR in current funds for the performance
of the contract; subject to additions and deductions, as Irro6idediin the
General Conditions of the Contract, and to make payments on account
thereof as provided in Paragraph 25, "Payments to Contractor," of tie
General Conditions.
IN WITNESS WHEREOF, the parties to these presents have executed this
contract fn six (6) counterparts, each of which shall be deemed an
original, in the year and day first above mentioned.
(Seal) City of Denton
ATTEST:
By
Secretary
Mayor ~
(Witness)---
(Seal) Craig Olden,.inc.
TGntrac or
By y
Secretary
President
fitness T t e
Rt. 1, Box 172, Frisco, Tx 75034
%d d ress an -p Cc de)
s c'
ME: Secretary of the Owner should attest. If Contractor is corporation,
Secretary should attest.
r
PROFOSAL
TO
THE CITY OF DENTON, TEXAS
For the Construction of
DRAINAGE IMPROVEMENTS
0.11
LOWER PECAN CREEK. DRAINAGE INTROVEMENTS
I11
DENTON, DENTON COUNTY, TEXAS
The unders•ijned, rs bidder, declares that the only person or parties
interested in this proposal as principals are those named herein, that this
proposal is made without collusion with any other person, firm or corporation;
that he has carefully examined the form of contract, Notice to Bidders,
specifications and the plans therein referred to, and has carefully examined
the locations, conditions, and classes of materials of the proposed work and
agrees that he will provide all the necessary labor, machinery, tools,
apparatus, and other Items incidental to construction, and will do all the
work and furnish all the materials called for in the contract and
specifications in the manner prescribed therein and according to the
requirements, of the Engineer as therein set forth.
It is understood that the following quantities of work to be done at unit
prices are approximate only, and are intended principally to serve as a guide
in evaluating bids.
It 'is agreed that the quantities of ;cork to be done at unit prices and
material to be furnished may be increased or diminished as may be considered
necessary, in the opinion of the Engineer, to complete the work fully as
planned and contemplated, and that all quantities of work whether increased or
decreased are to be performed at the unit prices set forth below except as
provided for in the specifications.
It is further agreed that lump sum prices may be increased to cover additional
work ordered by the City Engineer, but not shown on the plans or required by
the specifications, in accordance with the provisions to the General
Conditions. Similarly, they may be decreased to cover 01etion of stork so
ordered.
It is understood and agreed that the work is to be completed in full within
120 working days from award of the contract.
Accompanying this proposal is a certified or cahs+er's chec', oj~ Bid Bond,
payable to tFe Owner, in the amount of five percent of the total bid.
It is understood that the bid security accompanying this porposal shall be
returned to the bidder, unless in case of the acceptance of the proposal, the
bidder shall fail to execute a contract and file a performance bond and a
payment bond within, fifteen days after its acceptance,. In which case the bid
security shall become the property of the Owner, and shall be considered as
payment for damages due to delay and other inconveniences suffered by the
0•.vner on account of such failure of the bidder. It is understood that the
Owner reserves the right to reject any and all bids.
The undersigned hereby proposed and agrees to perform all v;ork of whatever
nature required, in strict accordance with the plans and specifications, for
the following sum or prices, to wit:
DRAINAGE IMPROVEi;EUTS ON
M%IER PECAN CREEK
--------it---------;--------------------------------------------------'--------
+1I Approi. Description w/Unit Prices Unit Extension
Quan. Written in Words Price
Amount
* 20 s T Soo Cubic Yards of Unclassified
Channel Excavation
Dollars
Per Cuo Vya,rd Cents
*150 SO Hours of Rnad Grader Time for
Dollars
' ' K
Cents
er ou
*154 25,000 Square Yards, seediig for
Erosion Control for
-~"NC) Dollars ~.._7 <<(
Cents
e r and
260 670 Square Yards of 6-inch
Lime Treated Subgrade
(Density Control) for
tIVO Dollars Xx~
L c'% - c & Cents
Per q rd Yar s
254 6 Tons of Type A Lime
Subgrade for
Dollars ~73 c %
41{7`~ b Cents
er on
340D 670 Square Yards of 2-inch`
Asphalt Pavement for
•F x
7.,.~ni--flollars%~~=--L~~-3 7 yC
~t
cv ;7`v 7-[✓e& Cents
e quare ar
*421 1,000 Square Yards of Class 6 Concrete
for
7L Dollars
~v , 7&~Cents
er qy re Yard
TOTAL 610 PRICE -~-G-
TOTAL 610 PRICE IN WORDS
' ' f a.! ,.,rrv ~ a /~•r s ~ f fit,
In the event of the award of a contract to the undersigned, the undersigned
will furnish a performance bond and a payment bond for the full amount of the
contract, to secure proper compliance with the terms and provisions of the
contract, to insure and guarantee the work until final completion and
acceptance, and to guarantee payment for all lawful claims for labor performed
and materials furnished in the fulfillment of the contract.
It is understood that the work proposed to be done shall be accepted, when
fully completed and finsihed in accordance with the plans and specifications,
to the satisfaction of the Engineer.
The undersigned certifies that the bid price contained in this proposal have
been carefully checked and are submitted as correct and final.
Unit and lump-sum prices are shown in words and figures for each item listed
in this proposal, and in the event of a discrepancy, it is understood that the
words shall control.
*Contractor agrees that quantities for Items marked may be reduced by up to
60% without change in unit price.
s
V tr~acctor
BY ~~.f1 a . ~r e S
trees ka ress
re jret 2s e 7401
ty and fate,
Seal & Authorization
(if a Corporation) Y/ 11;15
Te ep.1+one) -
MMMWMMMMMd
U.S. DEPAATMENT CF HOUSING AMD URBAN CEVELOPUCNT
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
iNSTRUCTIrNi
This eortifieatien is required pursuant to Executive Crder 112•;5 (30 F R. 1?319-?S). The impleme
rules end regulations provide that any bidder or prosoccrive contractor, . or any of their proposed su;
tractors, shall siato as on initial port of the bid or rte;otiarions of the contract whether it has Portz
Fated in any previous contract or subcontrcc: subject to the equal oppcriunity clause; and, if so, w
it has filed all compliance reports due under applicabie instructions.
Where the certification indicates that the bidder has not filed a complicnce report due under applic
instructions, such bidder shall be required ra submit a corrplion_e report within seven calendar da
after bid opening. No contract shall be awarded unless such report is submitted.
C.TRTMCATI~C-N BY SIDOER
Bidder's Name C~ Paf 2/4,/V
Address:. IYd.[ 17A
7y
1. Bidder has participated in o previous r-ntract ce subecntract subject to the Equal Cpportunity
Clause. Yes 0 No (Z3
2. Ccmpficnce reports were required to to filed in connection with such eontrect er subecntrect.
Yes ❑ No 71
3. Bidder has filed all comPiionce reports due under applicable instructions, including EF-1C3.
Yes 0 No 0 None Required
If cnswer io item 3 is - No," pleote explcin in'-e:alf on reverie side of this cartlficati:n.
C:7tiflea!'C 1 . the infer-Cti:n :save ie •r V'o :r.d c:~npfete to 'Se :!a 29 *.AV (rcwtdc;* V IC : list.
Craig Olden, President
-IAMB A4 '1'LI 11.f. LA .#%A '••C:
,
SAMPLE
^ERTIFICATION OF BIDDER REGARDING SECTION 3
AND SEGREGATED FAE.ILITIES
l Oraiival L.l /i/,,.V~.c.alt lr/~I'Q~ T~a
C/'Cf /(ltiN .LNc 6c.:i .r +~~TJN QtacJAJ CIRr~
:lame - r Prime Contractoor ~S 70;11,
n3 7d0
Project Name & dumber
The undersigned herebv certifies that
(a) Section 3 nrovision3 are included in the Contract
(b) A written Section 3 plan was prepared and submitted
as part of the bid proceedings
(c) No segregated facilities will be maintained
i
.lanes Ti m o Sign~~ (PrInt or llr~)
v
~ J
lc =3
BID BOND
KNOW ALL MEN BY THESE PRESENTS2
That we, Craig Olden Inc.
as principal, and the Balboa Insurance Company, a California corpor-
ation licensed to do surety bond businegs in the State of Texas. as
Surety, are held rid firmly bound into
City of Denton
in the penal sum of fiv$ percent oP the ereatest amount bid subject
_tA n mnyimum of 12-000 12,000 or 5% )v
lawful money of the United States, the paymenh of which well and truly
to be made, we do bind ourselves, our heirs, and our legal representa-
tives both jointly and severally by these presents.
The condition of this obligation are such that the above named
principal has submitted a bid to enter into a contract with
ri rv of Denton
to drainage improvements for lower
section of Pecan Creek,
Now, therefore, if the above named principal is awarded the con.:ract
and furnishes proper bond for same, then this obligation shall be
null and void, otherwise to remain in full force and effect.
Dated this 15th day of January ,1980
Pripcipa
Principal—
BALBOA INSURANCE COMPANY
C
By 6). c~Itiw.q
M.. Flannigan tJ
Atty-in-fact
I
BALBOA INSURANCE COMPANY
r 6717 NEWPORr CENTER DAI NEyrPCtltr 11EAC04 ,
CALIF DRNIA 62V4
GPA 2626
GENERAL POWfR OF ATTORNEY O LYRii NVIA8 E9EDYIll RED
Know A17 Men by Their Minn, That BALBOA INSURANCE COMPANY, a corporation duly orpmlxed Ind eaisrlnt
under thilaws or tha Stara of 6hfomu, and hArinS rn PrinCIPel ofCace In Wwport Besch~ aanp County. C+llforw, does by
• Wew preunls mAke, constitute and apps 6tt _
S,L. FLANNICA.V
' of Dallas _and Vale or-_ Texas
Point, and authority hereby conbtrd in con name, place amt Head, to getup, ecln114
mledire In End d l Attiomry(s}imFut, with full
COMT0.+~T eOQS $rantee or"., .L tuX1HLnA QFVALTy t
7a9 999 99
"THIS POWE0. OF ATTORNEY SHALL TERMINATE A50 BE
OF NO FUg111FR EFFECT AFTER DECEhBER 31 1960"--
Ind to bind the Cumpeny thereby a lupy and to the tame silent as If such bonds wen dpled by the president. sealed with the
corporate rat of the ComyAny and duly aleurd by ire Senelery, here
Altnrney(Qlm Fact may do in the p,rmiet Lid appumrrnnt by ratifyint. And conlLmind dl that the said
it made uncle and by authonty of the fulluwinl resolution adopred
by the Bond of Iltrtcrors or the hdh,u hnmran.e C. mptny At e meelml Irtd nn the 7:rd day of March, 1967.
"Be It Reauhnl, that the h"dent, any Vice Preudenl, Any Senenry Of u.y Atuunl Secretary shall be and 4 hereby
listed with, full power and auth,nify to appoint any nne or nun 6"RAbra persona as Atrorntyp)m Fora to tepuunt and act rot
and on behatf of the Company subject to the folkroinl provisions
"Section 1. Aawneydn Fact. Attorney in FAa may he p.tn full pvw set sod Auihonry rot and M Ne name of and on
behalf of the Company, to execute. Acltnowhdpt and deioea, any and al bonds, itculnuaners, conoaae, spetmenta orindemnlry
and other conddlonal tat nbliptory undernkirls and any and oil notWet and dr~umrntA tu,Ktltnd a larrmi atlnd the Company s
liability thereundle, and any such Ivilramenn so extaulrJ by any such Anerrey in Foci ar17J be bindrrd upon the Company is It
signed by the President and waled and atlrtrrd by tht Corpurste Secretary."
In Mint" IIA, cy.. Balboa • act Company has Hurd thew prewfi !o be a lead by Ill it•
Aujusttd`it ,,VyVAU~hrol., cu vale seol to !e hereto afGud IA,a- 79th dry of
`gyp ,
LnCorporaled BALM7at i f
Ins. b. 6.190 BY
it
Stott of CAhfa nix
u.:
County of aanp
l'f I/ hart.
On NIa_ 79th day ofAUjuat AD. i sere
wllllu ZlytR to " Ino+n, who, 1 tint by me duly rows. dd deposit rartw
that he ntidel In fLViq q -CL11fornl6 _ Poaa ~
M Be
V1t6 Presl serf of tALBOA INSURA7:CE COMPA\Y. the eom a that
quinaled the abate Instrument. Iha M In"I the seal a said Cormputy, that the ad'MA04 To pad iry 6%KNr%ftI I such torpaale
red; that it was so offl ltd by order of ilia baud of DLectoes of law Company. Ind that he u
ind his aanw Ocontw by hie ado.
UPPYCIAL SEAL
P4f:
RLYIlfOR4EST
ho FARy Nex.C Cxl 1ptmA
M"v[t►AE bract M
,
►'r C awnraYOn Gpa COUw11,
I, the undertityeed SecreLry, of SAI6w1 Insurance Company, hereby certify that the abort and fereeo6ad it a fat. tse and
land copy of the OH&W Powco or Altotmey Issued by said Company, and dw Mleby further cataTy that'!6e said Fowtr of
Altanry h tat In forte and effect.
And I to hereby further certify that the Cliuncarloe of this Power of ARoney h s'prd AN cooled by reeYmb undone
And by the authority of she foRowlnt stwrutlon Adopted by the Board of bunion of IN Solbne bursrace Comprly It a
rnn7lnd duly callers and held on the 74th of March 1977. and that pad rr"linn Mr pot been aanendd a ivpeawd
"RESOLVED, that the Uptahan or the Seatnry, w any Ardtramt Sene:sry of Ihb Capnratim lea the std d
thh CaporsUon, may be afrLted oe plaited by lacelmlre to any eerttleate eo a Kett or Artomey of Ibis Caponflon, snd
that such printed racrimde 0plaNn And war shall be valid Ind bvtdmd epnta this C,v POfwm."
! Gn EN~M~t by hand 171 t Ili 'ed or star pdMFeny, at Tkopon Beach, California, true
' -~-p! 19 ~ . day of
111111 POWER Of ATTORNEY EFFECTIVE ONLY
D ATTACHED TO BOND NO. ~ tt I ! V -may
~V
•ateue `\IJ JmerAry
y
OLDEN General Construction
Craig Olden, Inc. GABION Specialists
January 15, 1980
City of Denton
Res Drainage Improvements for the
Lower Section of Pecan Creek
Bid Openings 15 Jan 1980, 2100p.m.
Gentlemen,
We hereby propose the following alternate for iter. 421
in the above projects)
6" Gabion Revetment with filter cloth underneath
for the complete and in-place price of $18.00 per
square yard.
/ Olden, President
Craig Olden, Inc.
Route 1, Pox 172 • Friwa. To Rai 7$031 • D•tln Dirt* 714/611.1115
ADDENDUM 01
DRAINAGE DIPROVEMENTS FOR THE
LOWER SECTION PECAN CREEK
DEFINITION OF BID ITEM
Item 164 Seeding for Erosion Control
7
0,0
ADD; The contractor shall use either Inner Costal Bermuda or Common Bermuda
grass seed for the seeding doscribed in this section.
December 31, 1919
h
c ~ J
. 1.
r 1'J r -•1 Av L •111 ~ ANt AN^, ADDRrsS OF AGENCY
EII?s Crotty Powers d Co., Inc. COMP•SNI.S AFFORDING COVERAGES
1000 Fidelity Union Tower cDMPANY
Dallas, Texas 75201 LrRIR A HOME INDEh'.;;?TV C014PA'1Y
• MP
Ll"t V
LInIR h lox(CA, P.., A lAi LAI 7f, Al FITQI
'
AND ADORC33 r1117114711
NAME D< INSUR[0 +E1Q /70 l7f
COMPANY ~WIUAnDCA01rYC^CU
Craig Olden LETT[p 7U PPOWEIn cu
Route I, Box 172 toMRANY BRC.UN01AAN
Fr i sco, Texas 75034 tEnIR D IroD 11 "AFF CRw
I • ro~I 0 I/i
Us
COMPANY 1~Sr a'Y I %M BorjI D'It 1 rJYJNO .
LETTI R
14
• •.I Thi; is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time.
COMPANY
LETTLR TYPE of INSURANc[ Pot IcT NVM tit R ROl[r T110 l IS n OVIan 3
Willi DATI AGGR[GaT[
GENERAL LIABILITY occwlx"Nc[
►>J,.I~wm 1 {
r A ®COMPREHENSIV[ FORM GA 9 89 9; 58 6-12-80 500
❑ PREMISES-OP[RAI qNS
n' ❑ EXPLOSION AND COLLAPSE ►IIDPERTr DAMaG( 1 100 { 100
❑ UNDERGROUND HAZARD
i; ❑ PRODUDI"oMPLET(0
OPERATIONS HAZARD I y
9oc%r w1URr
f CONTAKTUAt INSURANCI ArD
►"N"DaMAG[ { t 'i
T~ D 9 0ADAFoRm PROPEm CoM9wt0
® INDEDAM
PENDENT CONTWTORS
11 D PERSONAL INJURY •
j AUT6M081LE LIABILrTY 40o'k Y•`N"r 1 300,
® COMRRENENSNS FORM IU.C rI ►{RIONI 1 5DOP
A ®ornl[D GA 1 12 65 12 1-24-81 0&0.00Mkz =W I ;
®HIRED "DPtnrDAMA:[ s %
.i ® NONGwNto 900%1 1%ANr Alp
P" Inv OAM&M
EXCESS LIABrLITY tft"a ! c
9001%• ^AAh l%D
I ❑U101111 A FORM A""voArrA;,E s {
' ❑ OTHtR THAN Vii LA
.7 FORM ca"4140
' WORKERS'COMaENSATIOM { A+~
A and h1C9 eG 42 57 6-12-8J
' EMPLOVERS'LIABILfTY t 100,
I KCq A'
oTrfER
D[scRIR10N or
o9tRAr10NstouTONyvt,lats
Job Reference: Drainage ic.provomnts on ilocan Croos.
t .
1
Cancellation: Should any of the above descrl policies be camcerred bolore the elposi on date thereof. met issuing corn.
Dany will endeavor to ma'J day{ written nObce to the tulow named Cptd.cate holder. but talure to
mail such notice shallimpose'no obligation or liability of any And upon the company.
"Avg AND ADDRESS OrcERTO CArt MOND[R
City of Denton DA+1 4"D 10/89
Attn: Jeff Meyer
Municipal Bldg.
Denton, Texas 76201 EII Inc.
.v A
%W AME RIGS R' GISTS ,9n uAw4 e damna~4
a00 AMERICAN x1.00. CINCINNATI. OH13 413201 $10-7711770
Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
That CRAIG QiDEN, JNC
erelnure the ante and eddreuor It a]i3~o!•Ih~Contratc{orj
........................Rt..I ..Pox..~~...,,,..• Fr~.s.co,.. Texas
as Principal, hereinafter called Contractor, and. THE /~MERICI{N, DRUGGISTSt INSURANCE, C,( .corporation
of the State with its home t:ffice in the .City o1C.in~,jnna.. S.A., as Surety, hereinafter
called Surety, are held and firmly bound unto.......... CIT.Y...O~..DENT,ON,...TA
.,•••••••••~ere Insert the name and addreu or legal title ofthe owner)
as Obligee, hereinafter called Owner
in the amount of HINETY FIVE T,ADUSAND, NINE HUNDRED SEVENTY SIX AND 10/100------•-----
Dollars 95,..................7..-.....7.............. 976.10- ' - -
+ for the payment whereof Contractor and Surety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
February
WHEREAS, Contractor has by written agreement dated,....,•... February 29, 19 80
entered into a contract with Owner for....., draf•na•ge•,improvements• for Pecan Creek
,
•
in accordance with drawings and speci,ications prepared by C(ty, of , DentOn••..•••••••••.••••••.,•••••••.••••„..•
(Hen Insert full name,lide and address)
which contract Is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that, if Contractor shall
promptly and faithfully perfonn said contract, then this obligation shall be null and void; otherwise it
shall remain In full fora and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shaU be, and declared by Owner to be in default under the Contract, the Owner
having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall
promptly
(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a
contract between such bidder and Owner, and make available as work progresses (even though
there should be a default or a succession of defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of
the contract price; but not exceeding, Including other costs and damages for which the Surety may
be liable hereunder, the amount set forth In the first paragraph hereof. The term "balance of the
contract price," as used In this paragraph, shall r:lean the total amount payable by Owner to Con-
tractor tinder the Contract and any amendmmis thereto, less the amount properly paid by Owner
to Contractor.
Any suit under this bond must be Instituted before the expiration of two (2) years fro.-.' the date on
which final payment under the contract fails due,
No right of action shall accrue on this bond to or for the use of any person or corporation other than
the Owner named herein or the heirs, executors, administrators or successors of Owner,
80
Signed and seated this..,,.,,,,,,•,•29tIt -day of .....February .A.D, 19,
In the presence of: CRAIG OLDEN, INC. (Seal)
Principal
.l BY:....,... ,
file
THE N Dg11GG1S 1N; NCC, CO,
OhZhr.,!%~,~ „ By , <<..ttit t,~((Seal)
B-104 W lam D. Birdsong, Attorniryrlln-fact
VUU
• i • rlR r•. e
,9/eAMERI R GISTS
600 AMERICAN 6L06. CINCINNATI, OHIO 49202 612-7214270
Labor and Material Payment Bond
Note: This bond Is issued stmulteneously with Performance Bond in favor of
the owner conditioned on the full and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESENTS:
That CRAIG OLDENe INC.
(here instil the name and eddresa or It as this of the Contraaot)
Rt..l.x..~an.,.l ~2.,....,F) i,sco,e.. Texa.s.....75U 4'
as Principal, herein t r called Principal, and.T E 11MEfj1,CAN DRUGGISTS' INSURANCE CO
it corporation
of the State of 4f 9....... with its home office in the CityCi nci"rna;;;,'"U S A,, as Surety, hereinaf",cr
called Surety, are held and firmly bound unto ......CITY OF DENTONr TX
(Here Ines rt the name end address a I e 1 0 lit le of Iha tT•n 1
as Ob4ce, h t~~'~~tter c U d pp~~ ffor 4~I1u cf e w defined, in the
amount of... 1NETY FINE` 7%6t~1AfN~`N1lI W ~~$jfi "'~4 ~ g `'3~~0-----------
......................................................................7................................ 17.7.,...7,......,......;
(Hen Invert a sum eQua: to al k80 oealulf of the contract prke)
Dollars (S...9.rJ.9~lf ..~Q for she payment whereof Principal and Surety bind themselves
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS. Principal has by written a Bement dated...... F.Orwry.,M,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,19,80,'
entered into a contract with Owner for,..., d01~0.9!;,.1Enp.CAY.~!!11;s fQr„ Pgcen„CrP~k
In accordance with drawings and specifications prepared by.....City..of..DentO)t.......................................
I.................................................. en ..vent fu nema.thle and e..)
which contract is by reference made a part hereof, and Is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, If Principe) shall promptly make pay-
ment to ell claimants is hereinafter defined, for all labor and material used or reasonably required for use in the performance
of the Contract, then this obligation shall be void; otherwise it shall remain In full force and iffect, subject, however, to the
following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a subcontfstor of the Priac)pal for
labor, materlal, or both, used or reuonably required for use In the performance of the contract, labor and material being
construed to inclvda that put of water, gat, power, light, heat, o0, gasoline, telephone service or rental of equipment
directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally ague with the Owner that every claimant as
herein defined who hat not been paid in full before the expiration of a period of ninety (90) days after the date on whkb
the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on
this bond for the use of such clahoant, prosecute the suit to final judgment for such rim ur sums as may be justly due
claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs of expenses of any such
suit.
3. No suit of action shall be commenced hereunder by any claimant:
(a) Unless clalmant, other than one having a direct contract with the Principal, shall have given written notice
to any two of the fouowlr„d: The Princippal, the Owner, or the Surety above named, within Matt, (9o) days after such
claimant did or performed the last of tEa work or labor, or furnished the last of the materials r which said claim is
made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were
furniahed, or for whom the work or labor wu dona or performed. Such notice shall be served by m the same by
registered mall or certified malt postage preyald, in an envelope addressed to the Principal, Owner or surety, at say
place where in office is regularly maintained for the transaction of business, or arced in any manner in which legga~l
process may be served in the state In which the aforesaid project is located, save that such service need not be made by
a public officer.
(b) After the expiration of one (1) yyeat following the date on which Principal ceased work on Wd Contract, it
being understood, however, fast if any limitation embodied in this bond isprohlDited by any law coat the con-
struction hereof such limitation shits be deemed to be amended to as to be equal to the minimum perlod of fimllatlon
permitted by such law.
(e) Other than to a state court of competent jurisdiction In and for the county or other political subdivision of the
state la which the project, or any part thereof, is situated or tit the United States District Court fct the district In
which the project, or any part thereof, to situated, and not eSsewhers.
4. The amount of this bond shall be reduced by and to the extent of any payyment or payments made in good Will.
herauler, Inclusive of the payment by Surety of mechanks' liens which may be r0ed of record against said improvement,
whether or not claim for the amount or such glen be presented under and against this bond.
29th February 80
Signed and sealed this ..............................day of.............................................................. A.D. 19...,.
In the presence of: CRAIG OLDEN INC.
~p .....................'.T....,.. ,....,,.,........(Seat)
V.
Prtncfpd
Title
T F ICAN DRUGGISTS' INSURANCE CO.
....~j By. .ay~'~ ;e: G kV.--tteaq
~Y'flam b,' e y B•106 9s tM!) y ~t
~.o
. ~ •
ORDINANCE NO. r3_ e •/.Z
AN ORDINANCE ANNEXING A 'TRACT OF LAND CONTIGUOUS AND ADJACENT TO
THE CITY OF DENTON, TEXAS; BEING ALI, THAT LOT, TRACT OR PARCEL OF
LAND CONSISTING OF APPROXIMATELY 37.S38 ACRES OF LAND LYING AND
BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BLINd
IN THE T. J. MARTIN SURVEI ABSTRACT NO. 9009 DENTON COUNTY,
TEXAS; CLASSIFYING THE SAME A;, AGRICULTURAL "A" DISTRICT PROPERTY;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the request for annexation was introduced at a
regular meeting of the City Council of the City of Uei;ton, Texas,
on the petition of If. S. OSBORNE; and
WHEREAS, an opportunity was afforded, at a public hearing held
for that purpose on February 5, 1980 for all interested persons to
state their views and present evidence bearing upon the annexation
provided by this ordinance; and
WHEREAS, this ordinance has been published in full at least
one time in the official newspaper of the City of Denton, Texas,
prior to Its effective date, and after the public hearings;
NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS,
HEREBY ORDAINS:
SECTION I.
That the hereinafter described tract of land be, and the same
is hereby annexed to the City of Denton, Texas, and the name is
made hereby a part of said City and the land and the prosent and
future inhabitants thereof shall be entitled to all the rights and
privileges of other citizens of said City and shall be bound by
the acts and ordinances of sold City now In effect or which may
hereafter be enacted and the property situated therein shall be
subject to and shall bear its prorate part of the taxes levied by
the City. The tract of land hereby annexed is described as
follows, to-wit:
All that certain lot, tract or parcel of land situated in the T.
J. Martin Survey, Abstract No. 900 Denton County, Texas, being
the same (called) 38.73 acre tract described in a deed from Walter
P. Ross at ux to H. S. Osborne, at ux on February 17, 1953,
recorded' in Volume 385, Page 337 Deed Records of said County, and
being more particularly described as follows:
BEGINNING at a fence coiner at the northeast corner of said tract
on the east boundary line of said Martin Survey;
THENCE so+,th Oo 08' 38" west with said fence and east boundary
line of said Survey $19.55 feet to a steel pin at a fence corner
at the southeast corner of said tract;
THENCE south 890 56' 53" west with said fence 1957.30 feet to a
fenc,i corner;
THENCE north 850 36' S9" west with said fence 23.6 feet to a
fence corner at the south-southwest corner of said tract;
THENCE north 00 35' 35" east with said fence 761.95 feet to a
fence corner on the souLn line of a lane;
THENCE south 890 46' 35" west with said fence 640.75 feet to a
fence corner post at the west southwest corner of said tract on
the east right of way of F.M. Road 1830;
THENCE north 10 19' west with said right of way 40.91 feet to a
fence corner at the northwest corner of said tract;
THENCE north 890 34' 46" east with said fence 2616.76 feet to
the place of beginning and containing in all 37.538 acres of land,
more or less.
SECTION II.
The above described property is hereby classified as
Agricultural "A" District and shall so appear on the official
zoning map of the City of Denton, Texas, which map is hereby
amended accordingly.
SECTION III.
This ordinance shall be effective immediately upon its
passage.
PASSED AND APPROVED this the _IL day of l w. /tA
A. D. 1980.
i
UL NASHIrTMAY01
CITY OF DENTON, TEXAS
ATT :
CITY SECRETM
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
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AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 19TH DAY
OF FEBRUARY, A. D. 1980.
R E 2 0 L U T I 0 N
WHEREAS, on Sunday, April 13, 1980, the Sigma Alpha Mu
Fraternity is sponsoring an Art Festival to be
held on Fry Street between the intersection of Oak
G and Hickory; and
WHEREAS, the Art Festival is open to the general public of
the City and County of Denton; and
WHEREAS, in order to provide adequate space for the said
Festival and in order to protect the safety of
citizens who attend, the City Council of the City
of Denton deems it is necessary to temporarily
close a portion of Fry Street between Oak Street
and Hickory Street from the hours of 9:00 A.M.
until 7:00 P.M. on April 13, 1980.
NOW, THEREFORE, BE IT FESOLVED BY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, THAT:
SECTION I.
That Fry Street between Oak Street and Hickory
Street shall be temporarily closed as a street or
public thoroughfare of any kind or character
whatever on April 13, 1990 from 9:00 A.M. until
7:00 P.M. for the purpose of holding the Sigma
Alpha Mu Art Festival.
SECTION II.
That the portion of the above described street
shall revert back to the City for normal traffic
activity immediately from and after 7:00 P.M. on
Arpil 13, 1980.
SECTION III.
That this resolution shall take effect and be in
full force and effect from and after the date of
its passage and approval.
PASSED AND APPROVED this the 19th day of February, A. D, 1980.
YO 3`~`
CITY OF D NTON, TEXAS
ATTEST:
BROOKS HOLT, CITY SECRETARY
CITY OF DENTONj TEXAS
APPROVED AS TO LEGAL FORM
C, J, TAYLORO JR „ CITY ATTORNEY
CITY OF DENTON# TEXAS
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THE STATE OF TEXAS X PARTICIPATION AGREEMENT
KNOW ALL MEN BY THESE PRFSENTSs
COUNTY OF DENTON X
THAT WHEREAS, FINANCIAL CONSULTING INC., 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 facilities; and,
WHEREAS, The City of Denton desires that such offsite water
facilities be oversized and City will participate in the
additional cost of the oversized facilities pursuant to the
provisions of Section 25-74 of the Code of Ordinances of the City of
Denton, Texas;
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NOW, THEREFORE, THIS AGREEMENT, made this 5 day of re-6 y
19Mby and between FINANCIAL CONSULTING INC., Denton, Texas,
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hereinafter called "Developer", and the City of Denton, Texas, a
Some Rule miunicipal Corporation of the State of Texas, hereinafter
called "City";
WITNESSETHt
1. The Developer will install, by contract or otherwise, a
water line 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
facilities shall be located as shown on the attached traps which are
made a part hereof for all intents and purposes.
2. The City's share of the estimated cost of said water facilities
is $3,929,00. Upon cotspletion of construction and acceptance by the
City of said water faoilities, the actual cost of the City's
participation in said facilities shall be determined and certified
a
to by the Director of Utilities and his certificate setting out the
City's cost of said facilities shall be attached hereto and made a
part hereof.
3. The City shall pay for its share of the facilities within
Lhi:tr (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 facilities is hereby and shall at all
times be vested in the City.
5. The Developer shall and does hereby agree to indemnify and
bold harmless the city from any and all damages, loss or liability
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, e-.,ntsactors 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 NMMWF, this instrument is executed in
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triplicate originals this day of F &G , A.D. 19 $ D
CITY CF'DENTON, TE
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,ZWKS BOLT, CITY SECRTARY
CITY Op DENTON, TEXAS
FINANCIAL CONSULTING INC.
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PROPOSED
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PROPOSED 6" WATERMAIN
PROPOSED 8" SAN. SEWER 'o 0
MANHOLE - CLEAN-OUT
EXISTING MANHOLE
EXISTING POWER POLES
EXISTfAG 10" SANITARY SEWEA tatTRD wx R[rwt t7i
ON NERCVLEf RIOut¢R
EXISTING 12" WATERMAIN 'RV 4`904
PROPOSED FIRE HYDRANT r/w. $!SOS
PRELIMINARY
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THE AMERICAN INSTITUTE C-1- ARCHITECTS
;V,1 r).,,Irlrrvll AMI
Standard Form of Agreement Between
Owner, and Contractor
tshc rv the ha i of p,)yment Ail
STIPULATED SUM
1IIIS I)O( f',AIfNI ff,ls f%W(i;I;1A'f II(, V I )NNr)1 +IN( I5, ff).A'Si'It At ff) IV W?NI
AN AIIOR"iY "rSINLI)1.Yi;I(,r( )%1fIIfkIUT( I rf)IICl P%r17fIfON(IfsARWit .ATiON
J IJse only tri(l) the late±t 1411 ion of MA 0o(umrnl A201, (;rnrra! (widtI nnc of Ibe (onfricI for Com ru(Iion,
This tlr)I ununt h.)s ht,cn ,gq)rnccrl,inll rnrlnr.rrl 1)q 1Iir A~vns i,)tr)I (dmr)at Conlr,tr 1n)s of A)nvrica.
AGREEMENT
made this Eighteenth (lay Of February in the year of Nineteen
tlUndred and Eighty
BETWEEN the Owner:
City of Denton, Texas
and the Contractor:
Wayne Allen' Construction Co.
the Project;
North Bide Electrical Switchgear Building
Denton, Texas P. 0. 1142199
the Archilc&
The Architectural Collective, Inc.
The owner and the Contractor agree as set Iorlh below.
AIA DOCUMINr A I a I 1, (NL'NIR CONIRA( IOR Af;RIIMtNI IANU:\RV 1974 10III04 . AIA* x'197/
1f It AMI RICAN INS1IIUIr. Of AR('11111Cr5, 17 .f9 NIW SnRK A%L, N.W, WAYIINWON, IL NMI ~
ARTICtf 1
THE CONTRACT DOCUMENTS
Ifrv ( crntritI Iif ,cLi ntr•nrii Inn,nl I I Ihi, NI lyornlr,n1, I nnJlItInrl, ref t1l" ('nnleut rGenera1, SupPlrmmnlory irtd nth(rr
(nnJi fir m, I, I)raM inq,, tiprc 11 to aln r1),, all AJ lr lr•nr l,I r,•w•d Ill to it lu cv iI11u Rl 1)f Ihi A,t;nrlnonl ]1)d ,Ill MI 'rLlic]fit m,
•,ur•11 ,uh "(1LiI rl l Ihrlotu. II (-w 11 )111 1 IhJ. ( rill I II I .1m, I Ill a?r I, lull) I I)]r1 1)l Ihi (crniracl if ]liaror (I Ire Ihi,
A,qlronnvnlcaIrlrr,llrll1wrrul..\nImmwitnr(11)l111,(nnlr.n ILrrnrnlnl,]I:I1r,1n11);\rlicl(7.
ARIICII 1
r...__
THE WORK
The unlr]ktnr shall porlnlln ,III Ihr 1P1)rk 1)v{uiu d by Ihr ( nnlr,il t 1)ununenh frlr the
Jai ~ : l Jlr "I..y , : , I' I tl i,:( r r
North Side E I c c t r I c a I Switchgear But Id Ing
City of Denton - Utility Department
Denton, Texas
f'. 0. 042199
ARTICLE 3
TIME OF COMMLNCEMENT AND COMf1111ON
The Work to be performed under Ihi, ('nrltratl shall hr mri mclucil February 18, 1980
andCOmpfclcd August 1, 1980
!l lrrr m.. r! ,:1)y epee x.11 pruerrrun< her b,Irrr, Lrr,d J nu.gp n L:r, r~;; bi Lnlnn I r ~ ,.p4 r,: Irnr J
AIA DOCUMLNi AIOI • UWNLR ( INFRA( 1118 MM I ONT IANtIARY 11074 IUIII(rN 0 AIA-r, Pll!
ME AMIRICAN INSTIIUIL (1I ARCIMICIS, 111'Nl%V MILK MI, NAV., WASIIIN(rIt.IN, D.C. IMYr
III
ARTICLE 4
CONTRACT SUM
I he O rmr shall pay the ('onrrm for for the Ilcrfornlannc of Iho Wiml,, ~uhi41 I In ,nldilnms and dcduc tiom by (.hanl;e
1)1, lir r. hrrnii lod in rho ('1)nd11irnm of the 0InIrac I, In tIt rrIi it I'LjmI IIli ( ii lrnIt Sun of
nrrllrr
Thirt7-nine thousand, eight hundred seventy-two 6 00/100
($39,872.00)
ARTICLE S
PROGRESS PAYMENTS
Ila,ctl upmn Apphlahon4 for Pni,na•nl F,nhnn114rl lei Ihr Arl hd4l t llP 1111, (nnlldr Inr nnr! 1 411114,111'. or ISHn14nl I, IIrII
he. thr Arc hilc(L the (kv14r "11,111 VIA(. 111o1p4,iI, pau1)1,nlN on a1 c o it of Iho I nnlr,u 141(11,1 I'; Ilw ( (m1F,14 for I, Imp
tuba 1n 0,o coindrnons of Ih4 ( ontr,n l ~l. f1111o~~ti:
Oil (1I1111)(111114• tenth tht, if 4%11h nto"Ih ninety pi-I (cril of
rho pnlIIorllrn t I I' Ihr ( nnlr,ul Nuln I) i oflr,lll' nItoI I II, In Ld11)r, rt1Jh n,Ih ,inrl I II II 1I III'f•nt nu 0 1 rpnr.t1411 11) 11 if 11'(nk
and ninety prr tint 1)l the pollllln 1)t Ihr, ( nnliai 'Iunt Ilropi rlI, d11o4,1lrlr 11) 1n,11cooh Ind
cqulpnvnl 5(111 II ilc ~l orl'tl al Ilro Iiit • 1)r it wino 1)l iiIt 11 It irm ,rr,I1,41,1 lot nln 1)I 4\ i i I1 n;, 11 1111, Ir,rr I i r 1111 In
f ive d.t)c poor to lh4ll do wl Muc h lh4 '\Igrhr aural lei l',nlnrnl 1, (1111,"1!1,11. 11'tis 1111, ,IVl;rrv,,Idr
1)1 ItrcI.IUnti p,1}nu•nk in 1"01 t.l',c' rnr! nlwn t,ilklanll.11 ( 4nydr11. In of I114 1,1111,1, Wwk 1 •urtl .1011111,111 I(r In1 ri-aw
1111. 111.11 p,li,nlenl, 11) ninety-f ive IIrI cr;11 rlf II,I I onlr,I( I Sn(n, OVA Binh rL td 11.11;4 ' . ,I~ 1114' \1,c h11iY I
hall dcA Irninc for all Iri nniplelo We rk Ind Iii1 11144 tl,urni.
frr •r6~.1,1.1, ,1 .1)1 f1,„ r m In 1,i m.rN ,1,•r l .,.ii r r, I 1l ,.lrrf.i r . ,.r.rn
r r r n" r ~l, r 1,n,
•hrV ,A 1 ,Iirbnn 1
' O
riny morte5's nn1 I)n'rd toi,hcn due In uilhcr 11a11ti 10"(141 1111, t ImIra11 '11,111 hi'm Infcw,l ,II Iho Icl!M 1,114. in I(PI(q, 11 111,
pl.lteof the I'rnjctl.
AIA 1)0(.ILMENT AID? r O%NlIR I t"41Rb 14 oil MIRIltill"I • In•;~~AN) I'I'I 11IF1111,V r %1tk I'rr
If11 A\(1 R11 AV I,,%SII IOii . Fit IF(Illtll I~, t7 I-, ti111 1c11'F X111. \1\ NY I I\ .II IC, 1),1 ;0,BH,
ARTICLE G
FINAL PAYMENT
final Ilalmenl. Ionslilulir.;; Ihr retire unp,!irl koimc of Ihr (lmlrmI tium, '.hall br Pahl by Ihr (honer to Ihr
l'nnlI l Ior thirty dh s ,rftcr "(11 l lolr.11 ( nrliplrtinn of Ihr 1Ynrh Lrnh• s nlhrrtvi r stipulad'd rtt Ihr
CrrliImale rrf ',III ),1.11111,11 r 1 )11 Il1 Irl10 11, IrrotIt ll Ihr WWII b.iy Ihrrt brrn roml+lrlyd, the ~ri mrau fully per tarmcc1,
.11 It a Iiit ,tl 1'ol Iii Ir,t it, Inl I)rnet l II.J. hrou 1 w'1 IIp I! I( 1tI hrtrl 1
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Term. u,rd in lhis A,git•enwn( \%hi( It ,no Ilefrnrcl in l1w ( ondiiinris I!f We ( onlrm I shall hate the meanings
drsignmcd in 1ho.e condition,
7.2 Ihr (onilm I I for Ilmi nl., tshu h I un',Ghilr Ihr enlrrr ,rp,n•rmrnl be nt rcn Ihr f htinrr and Ilrr { unlydr Inr, ,ur hslrJ
rn Arlit le 1 and. vi u(vpl for \lr ~dific alir an i~~urd .tflrl rArv. oboe of ibis A;;n rnrl nl, an• rnunu'r,lled as follu,~s
I~..ILrh.,A~~,,./n, , I , r I,h. 1, n.i. „ f 1!T f, nl ,Lr it 4y j 1, ni.vul -.I.r4.r 1.
Mb ma!e•, ,hn...n• "1 d.i.n.rt.,~amn %pn J,,ibnm rt l,!i n,la and ai rrp!rrl
Tr;, ur Irr, r nnniL, r, m if! a i , and J.m. I.!vri .y.pb. i6L i
Agreement A101, dated February 18, 1980
General Conditions
Supplementary General Conditions
Architectural Drawings, Sheets 1 through G
Specifications, Soctiouv I, 11, 111, IV Containing
Divisions I, Z, 7, 5, h, 7, 8, 9, 10, 15, d 16
Addendum No. 1, dated January I7, 1980
Addendlyla No. 2, dated January 21, 1980
Wayne Allen Construction Co. Lotter, dated January
23, 19800 containing 5 areas of savings,
all of which become if part of this Contract.
This Agreement ertc(uled the (lay and year ftlst wrllcn thow
OWNER y of Uc on (ONIRACI()R wn1),
/
Allen Construction Co
AIADOCUM(Nf A1011 ()WHIR.(()NfRA(.VIRA(RI(Af(NI • JANUARY 0711DIIIIW . ALSm • 91'0741
till A ttlilcAN INSfIf Ull Of AR(Illff(ts, 171, NI1V 10RK AI'I NIS', WAtIhN6If rN, II ItNxv, 4
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OATH OF OFFICE
Carol ~f Busby, , do solemnly
swear (or affirm) that I will faithfully execute the duties of the
office of Planning - Zoning Commissioner
of the City of Denton, Texas, and will to the best of my ability
preserve, protect and defend the Constitution and laws of the United
States and of this State and the Charter and Ordinances of this City.
Subscribed and sworn to before me the undersigned on this the 20th _
day of EebrWry , A.D. 14 8~ To certify w hich
witness my hand and seal office.
CITY SECRETARY
CITY OF DENTON6 TEXAS
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PARTICIPATION AGREEMENT _
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTSr
COUNTY OF DENTON X
THAT WHEREAS, DENTON BAPTIST ASSOCIATION, DBA/DEVELOPMENT
CORPORATION 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 facilities and,
WHEREAS, The City of Denton desires that such offsite water
facilities be oversized and the City will participate in the
additional cost of the oversized facilities pursuant to the
provisions of Section 25-74 of the Code of Ordinances of the City of
Denton, Texasl
N
- NO, W$ THEREFORE, THIS AGREEMENT, made this ~j 7 day of r 3
1910 by and between DENTON BAPTIST ASSOCIATION, DBA/DEVELOPKINT
CORPORATION, Denton, Texas, hereinafter called 'Developer', and the
City of Denton, Texas, a Rome Rule municipal Corporation of the
State of Texas, hereinafter called 'City'I
WITNESSCMi
1. The Developer will install, by contract or otherwise, a
water line 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,
facilities shall be located as shown on the attached saps which are
made a part hereof for all intents and purposes.
2. The City's share of the estimated coat of said water
facilities is 915#306.75. Upon completion of construction a:id
acceptance by the City of said water facilities, the actual cost of
the City's participation in said facilities shall be determined and
_ certified to by the Director of Utilities and his certificate
setting out the City's cost of said facilities shall be attached
hereto and made a part hereof.
3. The City shall pay for its share 4 the facilities within
thirty (30) days from the date of acceptance of the facilities, or
under such terms and conditions that are mutually acceptable to the
parties.
1. Title to said water facilities is hereby and shall at all
times be vested in the City.
5. The Developer shall and does hereby agree to inultmnify and
hold harmless the City from any and all damages, loss or liability
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, contractors 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.
i
IN WITNESS NED:RBOP, this instrument is executed in
triplicate originals this 5'r~ day of r 6 , A.D. 19 tYO
CITY OF DEIi70N7, /TEXAS
BY rCl /L [sLa 1%L J
ATTPS'"
BROOKS HOLT, C17Y SOCRTARY
CITY OY DENTON, TEXAS
DENTON BAPTIST ASSOCIATION DW
DIVEMPHENT CORPORATION
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t LAWYERS TITLE COMPANY OF DENTON
SELLER'S STATEMENT
DATE: 2-1-80 GF No.: D-80-83-JS
SALEFROM: City of Denton TO; Elinor Calmback Reinmiller
PROPERTY part of Lot 4,_Block 1, College Addition, Puchalski Survey d 996
SALES PRICE S 2,000.00
REIMBURSEMENTS/CREDITS
Prorations:
Hazard Incurance~ $
Flood Insurance S
Maintenance Charge S
Tax Proration from to S
Escrowed accounts with Lender purchased by Purchaser S
Interest from to $
S
$ -0-
TOTAL REIMBURSEMENTS/CREDITS $ _
GROSS AMOUNT DUE TO SELLER S '
LESS: CHARGES AND DEDUCTIONS
Down payment or earnest money S
Commission to. S
Filing Fees to County Clerk IND Resolution _ 7.00
DT TSF AFF $
Loan Charges and Fees Due to
Disc, Fee _ Into. Fee
Appr. Fee Orig. Fee
S
Fees to Lawyers Title Company of Denton
Title Policy: Owner 54.00 Mortgagee Binder
Escrow 10,00 Restrictions
Survey deletion Courier Service ; . 64A0
Attorney Fee to
For Closing/Examination $ (included in premium)
Tax Certificates: $
State and County S _ 4,S0
_
City and School ;
Other
Survey fee to ;
e
Attorney's fees for preparation of papers to $
Maintenance Charges- ;
State and County taxes for ;
City and School taxes for S
Note, Assumed or Paid S -
'Interest From -to- It,
2nd Lien Note to $
'Interest From _..,,to $
Tax proration from to ;
Pont proration from to S
Pest inspection fee to $
Note retained by Seiler
S
S
_S
s
TOTAL CHARGES AND DEDUCTIONSS 7550
"Jr NET AMOUNT DUE BY/TO SELLERS 1 924.50
littler underslands the Closing or Escrow Agent has Assembled this information topresenting the transaction from the bed information available
from other sources and cannot guaranies the accuracy therrof. Any tell estda agent oe kndet Invotad may be furnished it copy of this Ststoment.
Setlsr understands that tea and insurance prontlons and reserves were baud on Nauru for proceeding year of ouppSlod byy othen,ot estimates for
current year, end In the even) of any champ for current year, aG necessary adjustments mud be made betwseh purchaser and Solkr ditty
The uadersigned hereby uithoriaes Lawyers Tide Company to make expenditures and disbursements is shown above and ipprove, came for
y payment The undersigned alwecknoMedges receipt of Loan funds, if epptltsble, In the amount shown above and teceipl of a copy bf this Sutemanl
LAWYERS TITLE COMPANY OF DENTON c• e C~~j i~.e. _
00
a4if S=
} ADDRESS
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'Hole: In forest oA eirlydln lane d / wag to Me stn tnOkafeet. It not pod sy then, 0d4;onN Jnletest wilt Mrs to of cWteensif W
" your Aatunanl wdf a adjusted to he we suHkber!reds to aeon rebus fnue the fNnholdu.
FOAM 1!
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LAWYERS TITLE COMPANY OF DENTON
2-1-80 PURCHASER'S STATEMENT
DATE: GF No.: D-80-83-JS
SALE FROM: _ City of Denton TO: Elinor Calmback Reinmiller
PROPERTYPart of Lot 4, Block 1 College Addition Puchaleki # 996
PURCHASE PRICE $ 2,000.00
PLUS: CHARGES
Filing fees to County Clerk:
wD 7.00 DIT 7.00
AFF___ $ _
Loan Charges and Fees Due to
Appr. Fee Cr. Rep. Photo
Orig. Fee Insp. Fee _ $
S
Loan Transfer Fee or Assumption Fee .
Fees to Lawyers Title Company of Denton
Title Policy: Owner 54.OQlortgagee --Binder
Escrow 10.00 Restrictions
Survey deletion Courier Service $ 64,00
Tax Certificates: $ -
State and County $ 4.50
City and School $
Other $
Survey Fee to S
Attorney's fees for preparation of papers to S
Flood Insurance premium to S
Hazard Insurance premium to $
Tax and Insurance escrowed with s
mos. tax deposit @ per mo,
mos. hazard insurance @ _ per mo,
mos. flood insurance @. per mo.
mos, mortgage insurance @ per mo. S
Interest from to $
Proration of hazard insurance from to S
Proration of flood insurance from to S
Maintenance charge proration from to $
Tax proration from to $
Escrowed accounts with lender purchased from Seller S
S
S .
S _
$
TOTAL CHARGES S_1S,S4~
GROSS AMOUNT DUE BY PURCHASER S_2.OMSO
LESS: CREDITS
Down payment or earnest money paid to S
Loan from $
2nd lien note S
Note assumed
Interest proration from to S
Tax proration from to S
Rent proration from to S
Other Credit $
- S
S
S
TOTAL CREDITS S
BALANCE DUE BY/TO PURCHASER S 2,015,50
Purchaser undtrstands the [Toting or Escrow Agtnt hat assembled this information representing the tramsa iiun from the best Infurmalion available
from other souicts and cannot guarantee the accuracy thereof. Any rest estate agent or lendtz involved may be furnlshed a copy of this Slslemenl.
Purchases understands that Is% and insurance prorstlona and reserves were based on Oguret fur she preceding yeor of supplied by others or
estimates fog current year, and in the event of arty change foe current year, all necessary adjwtments mud be made belween Purchaser and Seller
direct.
The undersigned hereby aushorizct Lawyers Title Company of Denton to make expendiluret and disbursements is shown above and approves
game fob payment. The underslgncd also acknowkdget tecelpt of Loan Funds, d opplkoble, In the amossal shown above and a reeelpl of a Copy
of thisStalemenl.
LAWYERS TITLE COMPANY OF DENTON CIO" _1L
CLOSING OR ESCROW AGENT ADD, DRESS 74 c2d
'Nog: fngrut on aatsuno liens It loured to Ma dAa lnd/afed. ff not paw by than, additional inrerof will have to be eollaeted an0
yew grab ri bit adjugzid so have suJ`14461 fursdi to 801 nileaN from ship flenho/dvo.
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MTmcn1,Ib( WARD , GORPOPATICTi,
a Dela oorpor /t~~
By_ 'Z
W. SC151IDT, Vine Pros t
ATTEST: .
Assistant Secretary
on this the day of, 1980, before me,
r
a Notary Public duly authorized in and for tre said County in
the State aforesaid to take acknowledgements, personally appeared
G. W. Schmidt , to mr ]mown aid knotal to me to be the
Vice President of Montgomery Ward Development Corp.,
one of the corporations described in the foregoing instrmmt, and
acknowledged that as such officer, being authorized so to do, he
executed the foregoing instnment on behalf of said corporation by
subscribing the raw of said corporation by himself as such officer
and mmsed the corporate seal of said corporation to be affixed therto,
as his free and voluntary act, and as the free and voluntary act of
said corporation, for the uses and purposes therein set forth.
In Witness sftreof, I hereunto set my hand and official seal.
(l~1La
~~y c~c~J
Pub. L. KIRKLEN
Notary Public In 6 For
Demon County, TX
My Cornrmsslon Erplnn
June 21, 1991
My acmnissien EViresr
Clotnty of Maidencei
THE STATE OF TEXAS ) -
) SS: WATERLINE MAINTENANCE AGREEMENT
COUNTY OF DENTON )
This Waterline Maintenance Agreement (hereinafter
referred to as the "Agreement"), made and entered into as of
this 26thday of February 1980, by and between the CITY OF
DENTON# TEXAS, a body politic: and corporate of Denton County,.
Texas (hereinafter referred to as "City"), and DENTON MALL
COMPANY, a Texas limited partnership, of L712 North Meridian
Street, Indianapolis, Indiana 46202, and J. C. PENNEY
PROPERTIES, INC., a Delaware corporation, q»alified to do
business in the State of Texas, having its principal office
at 1301 Avenue of the Americas, New York, New York 100190
,and SEARS, ROEBUCK AND CO., a New York corporation authorized
to do business in 'the State of Texas, having its principal
office at Sears Tower, Chicago, Illinois 60684, and its
Southwest territorial office at 1000 Belleview Street,
Dallas, Texas 75295, and MONTGOMERY WARD DEVELOPMENT CORPORA-
TION, a Delaware corporation, authorized to do business in
the State of Texas, having an office at One Montgomery Ward
Plaza, Chicago, Illinois 60671, and CONSTRUCTION DEVELOPERS,
INCORPORATED, an Arkansas corporation, qualified to do
business in the State of Texas, having its principal office
at 900 West Capital Avenue, Little Rock, Arkansas 72203, and
H. J. WILSON CO., INC., a Louisiana corporation, qualified
to do business in the State of Texas, and having its principal
office at 5825 Florida Boulevard, Baton Rouge, Lousiana
70806, and McCLURKAN'S, INC., a Texas corporation, having
its principal office at 900 Scott Avenue, Wichita Falls,
Texas 76307 (hereinafter collectively referred to as
"Owners"),
WITNESSETHs
WHEREAS, Owners are the owners in fee simple of certain
real estate situated in the City of Denton, County of Denton,
State of Texas, more particularly described in Exhibit "A"
attached hereto and made a part hereof (hereinafter referred
to as the "real estate")) and
WHEREAS, Owners are in the process of developing the
real estate for use as a regional shopping mall; and
WHEREAS, Ciby is the owner and operator of certain
water lines and related facilities to serve the real estate,
in:;ldin;, without limitation, an eight (8") inch water line
encircling the malls and
WHEREAS, owners desire to tap into the City water line
and extend lines therefrom to the individual stores located
on the real estate; and
WHEREAS, the City normally requires owners to install
separate fire and water service lines from the main line to the
building, with the water meter located adjacent to the main
line; and
WHEREAS, Owners are always responsible for maintenance
of such fire and service lines from the main line tap valve
and water meter respectively to the building; and
WHEREAS, due to physical constraints unique to shopping
mall type facilities, the installation of water meters
adjacent to the main line is physically difficult and may
pose safety concerns to vehicular and pedestrian traffic if
the meter is located adjacent to the main line,
NOW, THEREFORE, in consideration of the above and
foregoing and the mutual covenants and agreements contained
therein, and other good and valuable consideration, the
sufficiency and receipt of which are hereby expressly acknowledged,
the parties hereto enter into this Agreement and agree as
follows,
1. The City agrees to allow owners to install combination
fire and service lines from the City's main line up to the
necessary buildings.
2. That the individual water meters and meter loops
may be installed adjacent to the buildings being served.
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3. That the maintenance of the meters and meter loops
shall be the responsibility of the City and that owners
shall give City right to traverse owners' property in order
to maintain such water meter, and to read the meter.
4. That the maintenance of the combination fire and
service lines shall be the responsibility of the owners.
5. That no other party may tie on to the combination
fire and service lines.
6. That the City has the right to shut off the water
at the connection of the fire/service lines with the cities
eight (811) inch main line if there is a leak in the owners'
fire/service line. The water service shall be restored as
soon as is feas,'ble after the leaks have been repaired by
the Owners.
7. Construction of the private lines shall be done by
owners in a good and workmanlike manner according to City
standards and specifications.
8. owners shall allow City employees, agents or repre-
sentatives to go upon the property, inspect and work upon
any portion of the private lines which connect or tie to the
public lines at all reasonable times, and to repair or
replace the water meters on said private lines as iieeded.
9. This Agreement and all rights hereunder shall run
with the land and be binding upon and inure to the benefit
of the parties hereto, their successors and assigns. This
Agreement shall be recorded in the Deed Records of Denton
County, Texas.
14. All modifications of this Agreement must be made
in writing and signed by all of the then current owners of
the land referred to herein. This Agreement shall be con-
structed and governed in accordance with the laws of the
state of Texas,
4
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IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed by the proper officers,
thereunto duly authorized.
CITY OF DE ERAS
BY: B L ASH, R
ATTES '
BR KS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
BURT R. SOL MONS, ASSr. CITY
ATTORNEY, CITY OF DENTON, TEXAS
STATE OF TEXAS )
) S3:
COUNTY OF DENTON )
Before me, a Notary Public in and for said County and
State, on this day personally appeared
known to me to be the Mayor, Denton, mpxasw ose name is
subscribed to the foregoing instrument and acknowledged to
me that the same was the act of the City of Lgnton, Texas,
a municipal corporation, and that he executed the same as
the act of said municipal corporation for the purposes and
consideration therein expressed, and in the capacity therein
stated.
Given under my hand and seal of office this day
of 1980.
Not ry Public
My commission expires:
ti
J. C. PENNE1'Y PROPM=, INC. ,
A Delaware corporation
Vi President
SmE CFAUYeAK . APPRO p
MUN Mlft lt'RJK SS: 'TtaRly
fY
Cn this the day of 1980,
before me, a Notary public duly authorized in and for the said County in
the state aforesaid to take ackwdledgenlents, personally appeared
X,. H. AMON, JR._ to me km Jn and knosm to me to be the
Vice President of J. C. Penney Properties, Inc. ,
one of the corporations described in the foregoing instruTent, and
adawwledged that as such officer, being authorized so to do, he ex- ~
ecuted the foregoing nstnment or, behalf of said corporation by sub-
scribing the mane of said corporation by hiTwlf as such officer w1d
caused the corporate seal of said corporation to be affixed thereto, as
his free and voluntary act, and as the free and voluntary act of said
corporation, for the uses and purposes therein set forth.
In Witness Whereof, I hereunto set my hared and official seal.
A A Pwj I S) 0
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dc if AJI 44 le,6.4a NOTARY PUBLIC, ft to ct New Yak
?J7, 41-45 ~2 ?25
^~~wor~ Gornto
Certiifeata filed inn~n k~~Connty
~~~'t~S1P~7W a 930
•6r
DRUM MALL C CWANY,
A Texas limited partnership
By: Denton Developers, a
Texas limited partnership,
-ra' ex
ene r
By
He rt Simon, Gene Partner
S= OF UMUM )
SS:
C70CM'Y CF MARICN )
Before me, a Notary Public in and for said County and State, on
this day personally appeared Herbert Simon Rimm to me to be a general
partner in Denton Developers, a General Partner in the limited
partnership whose name is subscribed to the foregoing instrument, and
acknowledged to ma that the same was the act of CENT M MAIL (XWANY;
a Texas limited partnership, and that he executed ±he same as the act of
said partnership for the purposes and consideration therein expressed,
and in the capacity therin stated.
jf' day of
GIn.under my hand and seal of office this
.
19 SO
tbxy ~tic-it J~
A blic
aoandssion expires:
.1/ aty of Residences
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