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HomeMy WebLinkAbout12-1980 i it l 1980 : I I . I I , R E S 0 L V T I 0 N WHEREAS, the City of Denton finds it necessary to dispose of a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the below described parcel of land was let for bid on September 16, 1980, and the highest bid of Six Thousand Nine Hundred Seventy-five and No/100 ($6,975.00) Dollars was awarded to Ken Goodwin; WHEREAS, the City of Denton and purchaser of said parcel, Ken Goodwin, agree that a consideration of $6,975.00 is a fair and agreed value of Such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below; 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 R. Beaumont Survey, Abstract No. 31, and being part of Lot No. 9, Block 3 of the Fry Addition, an addition to the City and County of Denton, and also being part of a tract of land as conveyed from Harvey Howard and wife, Tinnie L. Howard, to the City of Denton by deed dated June 2, 1964, and recorded in Volume 509, Page 178 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the southeast corner of said tract, said point lying in the west right-of-way line of Denison Street; THENCE west alung the south boundary line of said tract a distance of 150 feet to the southwest corner of said tract; THENCE north along the west boundary line of said tract a distance of 45 feet to a point for a corner, said point lying approximately 8 feet south of the south curb line of the present Sherman Drive; THENCE south 790 2S' 35" east a distance of 152.59 feet to a point for a corner in the east boundary line of said tract, same being the west right-of-way line of Denison Street, said point also lying approximately 8.7 feet south of the south curb line of the present Sherman Drive; THENCE south along said line a distance of 17 feet to the place of beginning and containing 4650 square feet of land, more or less. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the day of 1980. )e 64 1 VARD 0.1 , RIC CIT OF DENTON, TEXAS AT T ES' "4SECRETARY CI Y OF DENTON, , TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEX S BY: 't a, !I i ~=2Ct--QI;IC-CL~SIf_UEF,,?-.-WF:}i.9ineS~7o[u!_.ul R'ileiA,7ic~'iAcknualclsmaa6__.... _ : _,1LIEIIH$(stlneersCa.Dnllai HI1: STATE OF TEXAS, i Iil\O1V AT,i, MEN BY THESE PRESENTS: , .:0U:v7Y 01. ! i I'hnt the City of Denton, 'Pexas, a municipal corporation j i of the Comity of Den Lon snd State of Texas , for and in consideration of thesun+of Six 'Thousand Ninc Hundred Seventy-fivQ and No/100 ($6,975.00) ..............................................................DOLLARS, to it in hand paid by Ken Goodwin of the County of Denton and State of Texas , the receipt cf wblcb is hereby acknowledged, do, by those presents, BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the said Ken Goodwin, his heirs and assigns, all our rlghttitle and interest in and to that certain tract or par- „ , cel of land lying in the County of Denton rind State of Texas, described as follows, to wit: 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 R. Beaumont Survey, Abstract No. 31, and tieing part of Lot No. 9, Block 3' of the Fry Addition, an addition to the City and County of Dentra, and also being part of a tract of land as conveyed from Harvey Howa:,', and M wife, Tinnie L. Howard, to the City of Denton by deed dated June 2, 1964,!, and recorded in Volume 509, Page 178 of the Deed Records of Denton County, Texas, and more particularly described as follows: i~ BEGINNING at the southeast corner of said tract, said point lying in the west right-of-way line of Denison Street; THENCE west along the south boundary line of said tract a distance of j 150 feet to the southwest corner of said trait; THENCE north along the west boundary line of said tract a distance of 45 ~E feet to a point for a corner, said point lying approximately 8 feet south' of the south curb line of the present Sherman Drive; `I THENCE south 79° 25' 35" east a distance of 152.59 feet to a point for a i corner in the east boundary line of said tract, same being the west I' right-of-way line of Denison Street, said point also lying approximately 8.7 feet south of the south curb line of the present Sherman Drive; THENCE south along said line a distance of 17 feet to the place of begin-if II ning and containing 4650 square feet of land, more or less. li TO IIAVE AND TO 110LD the said premises, togtther with all and singular tha rights, privi. EI leges and appurtenances thereto in any manner belonging unto the said Grantee, his heirs and assigns, forever, so that neither the Grantor ~i i ; nor its heirs, nor any person or persons clalming under it shall, at any time hereafter, have, clafin or demand any right or title to the aforesaid premises or appurtenances, or any part there- ~i of. wITNESS my hand at Denton, Texas this the ii i day of. December, A. D. 19 60. Witnesses at Request of Grantor: CITY OF D_ENTON, EXA_S_ ATTEST; BY., ~ 4 i _ ~ RiC iIARD 0 STF,WART, MAYOR BROOKS HOLT, CITY SECRETARY J ~~CIZY b 6N'CbN; TEXAS- Seasrt=~tc~ st~__.•.~'^._ r. -:es~~--.s.-1r_ ~~SY^~'~--~-sr_a~r.--!_.._css-r -_-a _ ~ rc SINGLE ACKNONUFDCi1IFNT 4'RIE' STATI'. OF TEXAS, COUNTY OF. DFNTdN DFFORE ME, the undersigned autt'iority,' a rd In ami for said County, Texas, on thi ( day rorsunrilly appeared .Richard 0 Stewart r,.,, riayor„ o f the City of Denton, Texas, known to me to be the pcrs,n who; c r¢,mc Is euhrctibed to the foregning instrument, :,nd acknowledged to me that 'e . executed the same for the purpores and consl!rrut:oa therein expressed. GIVEN UNDER MY HAND AND SEAL OP OFFICE:, This day of _ December, , A.D. 19 80 Notary Public, . D8nkQi1 county, Texas My Commission Expires JO1N'r ACKNOWLEDGMENT THE STATE OF TEXAS, , . hEFORE ME, the undersigned authority, COUNTY OF.. in and for said County, Texas, on this day personally appenred _ _ _ and his wife, both known to me to be the Parsons uhoae names are subscribed to the foregoing Instrument, and acknowledged to me that they eac'i eyrcutcl the same for the purposes and cnnsli crntion therein expressed, And the said , wire of the said having been examined by me privily and :rpnrt from her husband, and havifig the same fully explained to her, she, the said. arknowlvdced such Instrument to be her act and deed and she, declared that she had willingly signed the same for the purpose, or,d consideration therein expressed, and that she. did not wish to retract it. GIVEN UNDER MY HAND .%N1) SrAL OF OFFICE, TH.4 (lay of A.D. 19 Notary Public, County, Texas fly ('nmmis;ion Expires June 1, 19._ 1VIFE S SEPARATE ACKNOWLEDGMENT TIIE STATE OF TEXAS, RFFORF DIE, the undersigned nuthority, COUNTY OF In and for said County, Texos, on this day personally npp, need g 6sen examined by me privily known to me to be the person w hose name is suhscribud to (hc f o orm in^ instrument, and havin And apart from I,ar husband, and haying the samd fully expb,l ud to her, sho, the said g m•kn,)udcducd such InArurnent to be her act and doe-l, and she declared that she had willin !y siRued the same ror the pulpnsrs and consideration therein expressed, and that she did not vrish to retract it. GIVEN UNDER MY HAND AND SEAL 01' OFFICE,1'hia day of , A.D. 19 Nr,t;IJ Public, Ccunty,'rexns My Commisslon Expires June 1, 19.... Cr,P1'RF'S C'P:IITIFICATH, THE STATE OF TEXAS, f 1, . . C ounty I , COUNTY OF Clerk of the Comvy Court of said County, do hereby rrrtity (hat the foregoing instrument of writing dated on the day of A. I6 19 with its Crrtifieote of Authentication, wa filed for record in my o1r.ce on the. day of A. D. 19 At o'clock Dt., And duly recorded this day of A. D. 19..._ . , at o'clock At., in the R,•cords of said County, !u Volume . , on pages_ WITNESS MY HAND AND S}lAL OF THE COUNTY COURT of snA County, at video In , the day and year i.vrt abo-,n wtitten. County Clerk .................................County, Texas. t L S.) By , Deputy. ~ H k Es ~ ~ ~ 3 I~ °a y. r•~ i is ~ ` p A ~ ~ a' s A € cd I 8 E 5 I I i , a~ w ac ry e i H O I C iIi 1y°y U W J r I W i ! 11 Ws ° G w V i E ' 1 E a a V C € j c 1 a f r Q RJ 1 ffrl i I F~~ 1 d tJ a ~ 1'PI ~wg ` I~ k ~ I~ R E S O L U T I O N WHEREAS, the City of Denton finds it necessary to dispose of a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the below described parcel of land was let for bid on September 16, 1980, and the highest bid of One Thousand and No/100 (1,000.00) Dollars was awarded to Denton Concrete Co.; WHEREAS, the City of Denton and purchaser of said parcel, Denton Concrete Co., agree that a consideration of $1,000.00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below; 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. 616, and being a tract of land as conveyed from Aver Mae Garrett to the City of Denton by deed dated September 21, 1979, and recorded in Volume 975, Page 962 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the intersection of the North line of East Prairie Street with the West line of the Missouri -Kansas- Texas Railway Company right-of-way; THENCE West with the North line of Prairie Street 45 feet, corner in said line; THENCE North SO feet more or less, corner in South line of Texas $ Pdcific Railway Company land; THENCE East with South line of said TF,PRR Co. land 4S feet, corner in West line of Missouri - Kansas- Texas Railway Company right-of-way; THENCE South with said line 50 feet, more or less, to the place of beginning, and embracing the East 4S feet of a certain lot of land conveyed by John Alexander and wife to W. C. Kimbrough by deed dated the 18th day of October, 1922, recorded in Book 181, Page 516 of the Deed Records of Denton County, Texas. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the day of 1980. CI ,Y OF Dh TON, TEXAS ATTES ' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: _._l:=:P6-GC[TCI iS~6JCD'-t'P1u-Blo:laJc!ataad..SVdi'iaa,,un~~Acinna!cd~scnF,,.-.-_:-----_L1~CRtIHBtitSoa!+7.ea.2tilLt_.~.~__ I C~ THE STATE OF TEXAS, KNOW ALL MEN BY THESE PRESENTS: CC L. ;'I ' 01" IDEFTON } That the City of Denton, Texas, a municipal corporation II j of the County of Denton And State of Texas , for and to consideration of 1 the surnof One Thousand end No/100 ($1,000. 00) li ..............................................................DOLLARS, to it in hand paid by Denton Concrete Company, of Cie County of Denton and Stnte of Texas , the raeipt of which is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER f QUIT CLAIM unto the said Denton Concrete Company, I~ ~I f { its heirs and assigns, all our right title and interest in and to that certair; tract or par• ff II cel of land lying in the County of Denton and State of Texar, describad as follows, + f to-wit: II Ij 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 I ~I Hiram Sisco Survey, Abstract No. 616, and being a tract of land as con- ii veyed from Aver Mae Garrett to the City of Denton by deed dated September 21, 1979, and recorded In Volume 975, Page 962 of the Deed Records of Denton County, Texas, and more particularly described as Ij follows: I ii DEGINNING at the intersection of the North line of East Prairie Street with the West line of the Missouri-Kansas-Texas Railway Company right- of-way; II it THENCE West with thr.. North line of Prairie Street 45 feet, corner in said line; L THENCE North 50 feet more or less, corner in South line of 'T'exas & li Pacific Railway Company land; i THENCE East with South line of said T&PRR Co. land 45 feet, corner in West line of Missouri-Kansas-Texas Railway Company right-of-way; ~I THENCE South with said line 50, feet, more or less, to the place of begin- ning, and embracing the East 45 feet of a certain lot of land conveyed by John Alexander and wife to W. C. Kimbrough by deed dated the 18th day I of October, 1922, recorded in Book 181, Page 516 of the Deed Records of Denton County, Texas. I ~I TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi- leges and appurtenances thereto in any manner belonging unto the said Grantee, its heirs and assigns, forever, so that neither the Grantor >yq~yY nor its heirs, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there- of. WITNESS my hand at Denton, Texas, this the day of December, A. D. 19 80. Witnesses at Request of Grantor: CITY OF DE TON, TEXAS ATTEST: _ BY, _ _ ~~JRT'ryf(7.LRD~STFWIIAT, MAYOR I' D 00 S BOLT, CITY SECRETARY CITY OF UENTON, TEXAS y.~•..._-• .V-'T~ _ -:~c~t~~Ct11~.. Y~ iS YY.`~SYT.. __i YtS..t--`-f ~'YT.ic'9.:Y^T. S_C~'Z SINGLF, ACKNOWLEDGMENT Tl*E, STATE OF TEXAS, MORE COUNTY OF DENTOI3 r ORE DIE, the undersigned authority, , in and for Bald County, Texas, on this day per snnally appeared . Richard 0 Stewa.rt_r.. j!?yor. Of the City of Denton, Texas, known to nw to be the person 1vhuse nume 18 subFcrib• d to the foregoing instrument, and acknowledged to the that he . executed the Fan a for the purposes and consideration therein expressed. GIVEN UNDER MY IJAND AND SEAL OF OFFICE, This day of, December. , A.D. 19 80 N~Aary Public, DE'Otcin County, Texas My Commissinn Expires JOINT. ACKNOWLEDGMENT TIIII STATE OF TEXAS, COUNTY OF,......, _ BEFORE ME, the undersigned authority, In and for said County, Texas, on this day personally appearel _ . _ and 1 1. his wifo, both krown to me to be the persons Whose names •ve subecribod to the foregoing lnetrumrnt, and acknowledged to me that they each execulnt the, same fur the purpn„es and considerntlon therein expressed, and the said wife of tho said having been examined by me privily and Plim t from her husband, and having She sane fully explained to her, she, the sold . aclmowledgcd such instrument to be her act and deed rind she devlamil thet sl,e had willingly signed the Fame for the purposes oral cunsideralinn therein expressed, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OF'FICE,'fhta _ _day of A.D. 19. M.S.) Notary Public, County, Texas Sly Commission Expires June 11 19........... WIFE'S SEPAIIATF: ACKNOWLEDGMENT THE STATE OF TEXAS, l HEFORE ME, the undersigned authority, COUNTY OF f In and for s 61 County, Texas, on this day persunally sppcnrcd . Mif of known to me to be the pcrson whose nem¢ is soh: rr iFcd le threCou going instrument, and having boon examined by me privily and npritt from her huaband,and having the sera, rally v%plnirr,l to her, she, the 4nid _ ncknowlcdgod Such in,trument to be her art and dcol, and She deciare,l that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not nvlsh to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICF,1Wiq day of AM. (L.S.) . ,tny 1'ublie, _.....,,County, Texas NN My Ccnimission Expires June 1, 19...... CI,I'; MIS CF1r~1'lFICATE THE STATE 01" TEXAS, ~ , County COUNTY OF. CI(rk of lire County Ceiltt of Feld County, do hereby ecitify flint the foregoing instrument of writing datad on the day of _ , A. D. 19 Kith its Certificate of AuthenticaDon, was filed for rea rd I my office on the day of A. D. M fit.. o'clock M., and duly recorded thls._ day of . _ . A. D.19 _ at......_ o'clock M., in the Recorrds of Fuld County, in Volurm. . , on pages _ WITNESS MY RAND AND 'SEAL OF THE COUNTY COURT of said Cuunly, ul cLlce in the day and year last olnve written. County Clerk _ _ County, Texas. (L. 8.) $y_ , Deputy. ~ f H ~ ~ ~ I a a A y U t ley i { Hi. k0. 3 j •I, V w ►rf i f~ ti { ! AEg CYO E I r 1 I ~ a ~ ~ i .S Al ~ ~ ~ IC ~ ~ r M C/'i "rl O 'r7 k-J n1 n c~ H A ~ ~ t~rl M n r H 4 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 Computer Consulting Co., 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 agr?•,s to perform the following services: 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Program and Systems. B. Prepare Special Reports as directed. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Ariount of Payments for Services: Thirty ($30.00) Dollars Per Hour. B. Dates of Payments: Due one week aftor services are performed. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Cor:*actor 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 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. SJURCE OF FUNDS: All payments to Contractor under this agreement are to bb paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. .r S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1. Computer Time. 2. Terminal Use. 3. Documentation. 6. INSURANCE: Contractor shall proves a 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 4th dad of December, 1980, and end after eighty-five (85) hours. EXECUTED this the V-4- day of December, 1980. CITY OF DEN ON, TEXAS BY: , ;7L==_ 11 ATTEST: 611 SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY COMPUTER CONSULTING CO., CONTRACTOR 4 by` BY. r, . D. B. Smith, Jr., is hereby designated as the person to eme t. / administer the provision of this (:2 - M E /2~i1~t7 9#i4 i~ X~ 1 c ~ • 1 1 . 1 1 ~ • • 1 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated November 21, 1990, between the City of Denton and the Missouri Pacific Railroad Company. PASSED AND APPROVED this the 2nd day of December, 1980. X~' 02 CClItY OF D-NTON, TEXAS A TTES 2 CR hTUY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY:~%~~fi~~s...~ _ ~1 r. r . • ~ ~ ~ F ~ c• 1 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated May 14, 1980, between the City of Denton and the Missouri Pacific Railroad Company. PASSED AND APPROVED this the 2nd day of December, 1980. Y CITY OF DE TON, TEXAS ATTEST: CI 'T? OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OFF D_ENNTOOfN, TEXAS BY: I •r 7p ~''a . ~ P i e~ NO. ga- g3 AN ORDINANCE PROVIDING THAT ALL RIGHT, TITLE, AND INTEREST OF THE CITY OF DENTON IN LAND HERETOFORE DEDICATED AS PUBLIC UTILITY EASEMENTS BE VACATED AND ABANDONED; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY. WHEREAS, the City Council of the City of Denton, Texas, itas been requested by the owners of adjoining property to vacate and abandon a public utility easement over a portion of the hereinafter described tract of land; and WHEREAS, the City Council of the City of Denton, Texas, is of the opinion that the best interest and welfare of the public will be served by vacating and abandoning said public utility easement over the hereinafter described tract of land; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the right, title, and interest of the City of Denton, Texas, to use the easements described in the following instruments, to-wit. 1. Easement dated February 1, 1966, from Stanford Hauptman to Brazos Electric Power Cooperative, Inc., of record in Volume 536, Page 568 of the Deed Records of Denton County, Texas; 2. Easement from J. P. Sitz and wife Martha Sitz to Texas Power and Light Company of record in Volume 336, Page 407 of the Deed Records of Denton County, Texas; 3. Easement from E. E. Batterson and wife Nancy May Batterson to Brazos River Transmission Electric Cooperative, Inc., of record in Volume 357, Page 44 of the Deed Records of Denton County, Texas; 4. Easement from Tesse Cagle to Texas Power and Light Company of record in Volume 443, Page 661 of the Deed Records of Denton County, Texas; are hereby abandoned and permanently vacated as public utility easements of any kind or character forever. SECTION II. That the easements over that portion of said tracts of land herein described are hereby abandoned and released and will revert to the adjacent owner or owners as provided by law, SECTION III. That portion of the public utility easements herein described being vacated, abandoned, and closed is made subject to all existing zoning regulations and deed restrictions, if any, and subject to all existing easement rights of others, if any, whether apparent or not. SECTION IV, This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Denton, Texas, this the 2 day of , 19RO. Cl W OF NTON, TEXAS ATTES Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY., ko,, \d~ ~ F 0 t ro W y Pei. OATH OF OFFICE I, do solemnly swear (or affirm) that will faithfully execute the duties of the office of 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 ~qqd sworn to before me the underd on this the day of e. , A.D. 19M. To certify which witness my hand and seal of office. C CRETARY CITY OF DENTON, TEXAS ~17 , t r. `~L, r° q~ ~ r COMMITMENT FOR TITLE INSURANCE ISSUED BY U11FE TITLE INSURANCE Company of Dallas USLIFE TITLE INSURANCE Company of Dallas, Dallas, Texas. A Texas Corporation, herein called 'the Companyhereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in the form now promulgated by the State Board of Insurance, in favor of the proposed insureds) named in Schedule A, as owner or murtgagee of the estate or interest described in Schedule A in the land described in Schedule A, upon payment of the premium and charges therefor, all subject to the provisions of Schedules A, B and C and to the Conditions and Stipulations hereof. This commitment shall be effective only when the identity of the proposed insured(s) and the amount of the policy or policies commined for have been inserted in Schedule A hereof by the Company. This commdmenl is solely preliminary to the issuance of such pelrey or policies of title insurance and the liability andobligalion of the Company 10 the proposed insured shall be limited to the expres, terms of this commitment All liability and obhgaLons hereunder shall cease and terminale ninety (90) days alter the eflective date hereof, or when the policy committed for shall issue, whichever occurs first. provided that the failure to issue such policy is not the 'cult of the Company In witness whereof. the Company has caused this commitment to be signed and sealed as of the effective date of commitment as shown in Schedule A. the commitment to become valid and binding only when countersigned by an authorl:ed sgnalory { SEAL? USLIFE TITLE INSURANCE Company of Dallas Are/fdoN a CkerErocurv a //Onc~er / Anett Sen or V~cePnt'den! Secretary and Generar Counser - Awl,c,rved S,pnaroq I i Formerly DALLAS TITLE AND GUARANTY COMPANY FORM ~r.C IOOMatYM SCHEDULE A Commitment No. c 103347 CF22212-21 GF No. or File No. October 9th 80 7:00 A Effective Date of Commitment--- 19 o'clock-m. 1. Policy or Policies to be issued: 6,435-00 (a) Form T•1: Owner rolijyj.yj,W`DL; gn, Texas, a Municipal CorporatiN - Proposed insured; (b) Form T-2: Mortgagee Policy of Title Tnsuonce f_- Proposed Insured: Proposed Borrower. (c) Form T.3: A1o{Igagee Td)e rolicy Binder on Interim ConVruction loan 3. Proposed Insured: Proposed Borrower: (d) Other: Proposed insured: 2. The estate or interest in the land described or referred b in this Commitment and covered herein: (Fee simple, leasehold, easement, etc.,--- Identify or describe) Fee simple 3. Record title thereto at the effecllve date hereof cppears to be vested In: David Kulkey 1. The land referred to in this Commitment is described as follows: See attached for legal description SCHEDULE A Page 1 FOAM fTIC20 13M BET! TIOH Attach .ad to and made a part of USLIFE TITLE INSURANCE Company of Dallas Policy. Binder or Commitment No. TRACT IT: All that certain 0.561 acre tract or parcel of land situated in the J. Brock Survey, Abstract No. 55,Penton County, Texas; said tract being occupied on the ground as staked by the city of Denton, Texas, and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herein at a point south 89 deg. 49' 40" West 54.7 feet and South 20 deg. 55' 20" Weest 302.1 feet from the Northeast corner of an 18.02 acre tract deeded to David Mulkey on Novcmbor 11, 1952; THENCE South 20 deg. 55' 20" West 53.5 feet to a point for corner; THENCE North 89 deg. 52' 50" West 29.3 feet to the beginning of a curve to the left whose radius is 450.0 feet; THENCE With said curve whose central angle is 31 deg. 06' 50" a length of 244.36 feet to the t;nd of said curve; THENCE South 59 deg. 00' 20" West 47.9 feoc to the beginning of a curve to the right whose radius is 625.0 feet; THENCE with said curve whose central angle is 6 deg. 33' 30" a length of 71.53 feet to q point on the North right of way of Paisley Street; THENCE South 88 deg. Sit' 30" West with the north right of way of said street 214.2 feet to .n point for a corner; THENCE in a Northeasterly direction with n curve, to the left, whose radius is 575.0 feat and a central angle is 26 deg. 34' a distance of 266.6 feet to the end of said curve; THENCE. North 59 deg. 00' 20" Fast 47.9 feet to the beginning of a curve to the right whose radius is 500.0 feet and central angle is 31 deg. 06' 50" a length of 271.52 feet to the end of said curve; THENCE South 39 deg. 52' 50" East 49.3 feet to the point of beginning. TRACT III: All that certin 0.601 acre tract or parcel of land situated in the J. Brock Survey, Abstract No. 55,Denton County, Texas; said tract being part of an 18.02 acre tract shown by deed to David Mulkey date November 11, 1952, and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herein south 99 deg. 49' 40" West 54.7 feet and south 20 deg. 55' 20" West 355.6 feet from the Northeast corner of an 18.02 acre; THENCE South 20 deg. 55' 20" West 123.9 feet to a point fvr a corner; THENCE South 86 deg. 51' 30` WEst 322.2 feet to a point for a corner; THENCE in a northe astorly direction with a curve to the left whose radius in 625.0 feet and central angle is 6 deg. 33' 30" a distance of 71.35 feet to the end of said curve; THENCE North 59 deg. 00' 20" Fast 47.9 foot to the beginning of a curve to the right; THENCE With said curve whose radius is 451 feet and central angle is 31 deg. 06' 50" a distance of 244.36 feet to the end of said curve; THENCE South 89 deg. 52' 50" East 29.3 feet to the point of beginning. RISO. INSERT 20REr1" SCHEDULE B Commitment No. 103347 G. F, No. GF22212-21 Schedule B of the policy or policies to be issued will also contain the following exdusinns and exceptions: The policy will be subject to the Conditions and Stipulations fnareoi, the terms and conditions of the instrument creating the esive insured, if any, shown in Schedule A, and to the following matters which will be additional exceptions from the coverage of the policy: 1. Restrictive covenants affecting the land described or referred to above, but in any mortgagee policy of title insurance or mortgagee title policy binder on interim construction loan, the Company will guarantee that any such restrictive covenants have not been violated so as to affect, and that a future violation thereof will not affect the validity or priority of the insured mortgage. viONE OF RECORD 2. Any discrepancies, conflicts, or shortages In area or boundary lines, or any encroachments, or any overlapping of improvements. 1. Taxes for the year 19 80 and subsequent years, and subsequent as.essments for prior years due to change in land usage or ownership, 4, Usury or claims of usury. (.Mortgagee Policy or Mortgagee Title Policy Bindcr on Intermr ConStinctlon loan only.) 5. Any right of rescission contained in any CONSUMER CREDIT PROTECTION or Ti INdtNDING taws. Mortgagee Policy or Mortgagee Title Policy Binder on Interim Construction Loan only l 6 No materials have been furnished or any labor performed in connection with the consuuclwn contemplated hereunde. prior to the execu- tion, act.nowlodgment, and delivery of the lien instrument described under SCHEDULE A hercol, if the land closer bed under SCHEDULE A forms any part of the homestead of the owner. (.May be deleted if sat ;factory evidence is furnished before binder is issued.) (Mortgagee Title Policy Binder on Interim Construction Loan only.) 7. The following lien(s) and all forms, provisions and conditions of the instrumenlfs) creating or evidencing said hems): 8. (INSERT HERE ALL OTHER SPECIFIC EXCEPTIONS AS TO SUPcRIOR LIENS, EASEMENTS, OUTSTANDING MINERAL AND ROYALTY IN- TE'USTS, ETC.) a. Easement dated APlil 31 1946, executed by G. B. Hart to Brazos River Transmission Electric Coop.,, shown of record in Volume 332, Page 504, Deed Records of Denton County, Texas. b. Easement dated April 7, 1944, executed by G. B. Hart and wife, to Texas Power and Light Company, shown of record in Volume 309, Page 280, Deed Records of Denton County, Texas. c. Easement dated September 7, 1936, executed by Emma L. Matthews to Texas Power and Light Company, shown of record in Volume 259, Page 537, Deed Records of Denton County, Texas. J. Easement dated April 22, 1955, for street, executed by David Mulkey to the City of Denton, Texas, recorded in Volume 410, Page 426, Deed Records of Denton County, Texas. It. Easement dated February 25, 1977, executed by David Mulkey to City of Denton, shown of record in Volume 824, Page 132, Deed Records of Denton County, Texas. f. Any portion of the property herein described which falls within the boundaries of any road or roadway. S. Visible and apparent easements on or across the property. SCHEDULE 8 - Page 2 FORM (r)c40 asxt stare 710H SCHEDULE C Commitment No. 103347 G. F. No. GF22212-21 Schcds le B of the policy to be issued will also contain exceptions with respect to the following matters supposed to affect title to the hereinabo, de=.-ribcd property unless the following matter; are disposed of to the satisfaction of the Company at or prior to the dale of the issuance u. the policy: 1. Irstrumentis) creating the estate or interest to be insured must be apnrmed by the Company, executed and filed for record. 2. Sawfactory, evidence that no person occupying the property or any portion thereof owns or claims any interest therein, either personally or by right of another, adverse to the present record owner as shossn in Schedule A. 3. Payment of the full consideration to, or fir the a:count of, the grantors or mortgagors. 4. Payment of all taxes, charges and assessment; levied or assessed against the subject estate or interest, which are currently due and payable. 5. Satisfactory evidence that all improvements and/or repairs and/or alterations thereto are completed and accepted by the owner and that all contractors, subcontractors, laborers and materialmen have been paid in full, and no mechanic's, laborer's or materlalmen's liens have attached. 6. Any defect, Ilea, encumbrance or other matter affecting or supposed to affect title to the estate or interest to be insured which may be filed or which may arise subsequent to the effective date hereof. 7. If a mortgagee policy of tide insurance is to be issued, satisfactory evidence that restrictions and restrictive covenants, if any, have not been violated so as to afiect, and that a future violation thereof will not affect the validity or priority of the insured mortgage. B. Taxes for the year 19,30 and subsequent years. 9. School tax eerti£inate shoves additional tqxes due for 1979 ?c 1980 on :3cowint of A; Afr,endtnent. SCI IEDUIE C Page 3 FORM TIC) 00 35M WS 7110H CONDITIONS AND STIPULATIONS II the proposed insured has or acquires actual knowledge of any defect, lien, encumbrance. adverse claim or other mailer effecting the estate or interest or mortgage thereon covrred by this commitment other than those shown in Schedule B hereof, and shall fail N disclose such knowledge to the Company in writing, the Company shall be relieved from liability for amt loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by fa lure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Compa^y. or if the Company otherwise acquires actual knowledge of any such defect, lion, encumbrance, adver<e claim or other matter, the Company at its option may amend Schedule B of this commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to Paragraph 2 of these Conditions And Stipulations. 2, Liability of the Company under this commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or {b} to eliminate except'vns shown in Schedule C. or (c) to acquoe or create the estate or interest or mortgage thereon covered by this commitment. In no event shall such habiMy exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the uK-rring provisions and the Conditions and Stip,aabons and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by refererce and are made a part of this commitment except as expressly modified herein 3. Any action or actions or rights of action that the proposed Insured may have or may bring arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this commitment must be based on and are subject to the provisions of this commitment. 229 West Hickory ~?Q Box 518 Denton Texas 76201 817 387 6148 l.VAIFE TITLE Company of Denton 1 December 5, 1980 City of Denton, Texas Municipal Building Denton, Texas 76201 Re: Denton OF22212-21 Centlemen: Enclosed herewith is your Owner's Title Ineurance Policy. Your warranty deed has been filed for record, and will be returned to you. We have a special complete file covering your property. For prompt, efficient and courteous handling of future title service, please feel free to call us. Yery truly yours, Ottis Akers Escrow Officer i I i fMFE TITLE INSIIRANCE Company of Dallas Iylw.rtyt. Owner Policy of Title Insurance USLIFE Title Insurance Company of Dallas, DALLAS, TEXAS, a Texas Corporation, HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the Insured (as herein defined) 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 grr ater amount than the actual monetary loss of 'he Insured, and in no event shall the CoMdany be liable for more than the amount shown in Sch3dule A hereof, and shall, except as',iereinafter stated, at its own cost defend the Insured in every action or proceeding on any cle' m against, or right to the estate or interest in the land, or any part thereof, adverse to the (Ile 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 Stipulaticns 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 orly 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 shall for a period of twenty-five years from the date hereof remain fully protected according to the terms hereof, by reason of the payment of any loss he, may or it may sustain on account of any warranty of title contained in the transfer or conveyance executed by the Insured conveying the estate or interest in the SJa~KCr co~Q land. The Company shall be liable under said warranty only by reason of defects, liens or r; ,s encumbrances existing prior to or at the date hereof and not excluded either by the ~BEAL' o exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this policy. .o ~srix~,ss' IN WITNESS HEREOF, the USLIFE Title Insurance Company of Dallas has caused this policy to be executed by its President under the seal or the Company, but this policy is to be valid only when it bea,s an authorized countersignature, as of the date set forth in Schedule A. 0,ef,den7 b C`AnrF.ecul,re Ol/urn ~lec~/llc 4,Gtt~(,Ila•.~ AINJI Ssnlw Vrce Revdenl, Ser•ere~r end Gero•d [ou a+/ AWFAO, "inr+pnh formerly DALLAS TITLE AND GUARANTY COMPANY ronM 71-1001"K MY 7,90) 25NIMH MMMMMM i Conditions and Stipulations 1. Definitions The following terns when used in this policy mean: (a) "lard": The land described, specifically or by reference, in Schedule A, and improvements affixed theretowhich 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, (e) ''Insured'': The Insured named in Schedule A and, subject to any rights or defenses the Company may have had against the named Insured or any person or entity who succeeds to the interest of such named Insured by operation of law as distinguished from purchase including but not limited to the following: (i) hairs, devisees, distributees, executors and administrators; (ii) he successors in interest to a corporation resulting from merger or consolidation or the distribution of the assets of such corporation upon partial or complete liquidation; (iii) the partnership successors in interest to a general or limited partnoirshipwhiLh dissolves but does not terminate; (iv) the successors in interest to a general or limited partnership resulting from the distribution of the assets of such general or limited partnership upon partial or complete liquidation; (v) the successors in interest to a joint venture resulting from the distribution of the assets of such joint venture upon partial or complete liquidation; (vi) the successor or substitute trustee of a trustee named in a written trust instrument; or (vii) the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets of such trust to the beneficiaries thereof, 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 exer&e of such rights appears in the public recordsat the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to, building and zoning ordinances, (c) Any titles ~r rights asserted by anyone including, but not limited to, persons, corporations, governments or other entities to tidelands, or lands comprising thr shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or to any land extending from the line or mean low tide to the line of vegetation, or to lands beyond the tine of the harbor or bulkhead lines as established or changed by any government, or to filled-in lands, or artificial islands, or to riparian rights, or the rights or interests of the State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegetation, or their right of access thereto or right of easement along and across the same. (d) Defects, liens, encumbrances, adverse claims against the tale as in ured or othe, 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 'or value without knowledge; or the homestead or Community property or survivorship rights, if any, of any spouse of any Insured. 3. Defense of Actions (a) in all cases where this policy provides for the defense of any action or proceeding, f'te 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 0,e Insured for such purpose. Whenever requested by the Company, the Insured shall give the Company all reasonab'e aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or proceeding. (b) The Company shell have the right to select counsel of its o vn choice whenever it is required to defend any action or proceeding, and such counsel shall have full control of said defersr, (c) Any action taken by the Company for the defense of the Insured or to establish fire title as insured, or both, shall not be construed as an admission of liability, and the Company shall not thereby be held to concede liability or waive any provision of this policy. ~ , I 4. Payment of Loss (a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company. (b) All payments under this policy, except payments made for costs, attorney fees and expenses, shall reduce the amount of the insurance pro tanto; and the amount of this policy shall be reduced by any amount the Company may pay under any policy insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a charge or lien on the land, and the amount so paid shall be deemed a payment to the Insured under this policy. (c) The Company shal' -+e the option to pay or settle or compromise for or in the name of the Insured any clalm insured against by this policy, t nd such payment or tender of payment, together with all costs, attorney fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereu tder 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 n claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be subrogated to and be entitleu to all rights and remedies of the Insured against any person or property in respect to such claim. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. 5. Policy Entire Contract Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of the title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and any statement in writing required to be furnished the Company, shall be addressed to USLIFE Title Insurance Company of Dallas, 1 301 Main Street, Dallis, Dallas County, Texas 75202. & This policy is not transferable. c COZZ mop>DD-4~ (7-in-IQ tpv-g o-zm ao no CD M p<j O7 3 3 y•oC O =w p. N- CT N cD O L ,D w a n? n 1° S o n S J ~ Cy v y.:3 CL :3 y 3 N :3 Z 0 n c~ ` s N ~ ~ o vA d x~ 01 d H N C 7 N a 'm e o o Q D R. o 0' w2 !L n: n N d 7 : ay~o'r: F 0 7 N <<. S ««<m m <o R o C e g e e e 4 s s S{ qi" r H 9 S O 9 S 1 9~ 9~ 0 s5sN~s~S?~~ oGo Q 4 spps 4 0 c ~ r/ ir/ o~ m U D 5` ti 3 1 •r ha SCHEDULE A Amount: $6,435.00 Owner Policy No.: Q 063,919 GF or File No.: 22212-21 OA Date of Policy: December 4, 1980 Name of Insured: City of Denton, Texas, a Municipal Corporation 1. The estate or interest in the land insured by this policy is: Fee simple (fee simple, leasehold, easement, etc. - identify or describe) 2. The land referred to in this policy is described as fol ows: TRACT II: All that certain 0.561 acre tract or parcel of land situated in the J. Brock Survey, Abstract No. 15, Denton County, Texas; said tract being occupied on the ground as staked by the City of Denton, Texas, and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herein at a point south 89 deg. 49' 40" West 54.7 feet and South 20 deg. 55' 20" Weest 302.1 feet from the Northeast corner of an 18.02 acre tract deeded to David Mulkey on November 11, 19521 THENCE South 20 dl 55' 20" West 53.5 feet to a point for corner; THENCE North 89 deg. 52' 50" Wait 29.3 feet to the beginning of a curve to the left whose radius is 450.0 feet; THENCE With said curve whose central angle is 31 deg. 06' 50" a length of 244.36 feet to the end of said ourve; THENCE South 59 deg. 00' 20" West 47.9 fee: to the beginning of a curve to the right whose radius is 625.0 feet; THENCE with said curve whose central angle is 6 deg. 33' 30" a length of 71.53 feet t) a point on the North right of way of Paisley Street; THENCE South 88 d,ag. 51' 30" West with the north right of way of said street 214.2 feet to a point for a corner; THENCE in a Northeasterly direction with a curve, to the left, whose radius is 575.0 feet and a central angle is 26 deg. 34' a distance of 266.6 feet to the end of said curve; THENCE North 59 deg. 00' 20" East 47.9 feet to the beginning of a curve to the right whose radius is 500.0 feet a5d central angle is 31 deg. 06' 50" a length UK IDENTON USl6E Tills haurance Company W Dollar 1 1301 Main 51,. 01141. fails 75202 ron"1')I"A"l.[Y.rN1l$0MVl" Atteohod to and made a part of USLIFE TITLE INSURANCE Company of Dallas Pobcy, Binder or Commitment No. of 271.52 feet to the end of said curve; THENCE South 89 deg. 52' 50" East 48.3 feet to the point of beginning. TRACT IIIs All that certin 0.601 acre tract or parcel of land situated in the J. Brock Survey, Abstract No. 15, Denton County, Texas; said tract being part of an 18.02 sore tract shown by deed to David Mulkey date November 11, 1952, and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herein south 89 deg. 49' 40" West 54.7 feet and south 20 deg. 55' 20" West 355.6 feet from the Northeast corner of an 18.02 acre; THENCE South 20 deg. 55' 20" West 123.9 feet to a point for a corner; THENCE South 88 deg. 51' 30" WEst 322.2 feet to a point for a corner; THENCE in a northerasterly direction with a curve to the left whose radius in 625.0 feet and central angle is 6 deg. 33' 30" a distance of 71.35 feet to the end of said curve; THENCE North 59 deg. 00' 20" East 47.9 feet to the beginning of a curve to the right; THENCE With said curve whose radius is 450.0 feet and central angle is 31 deg. 06' 50" a distance of 244.36 feet to the end of said curve; THENCE South 89 deg. 52' 50" East 29.3 feet to the point of beginning. Misc. rNSEAT ROM370" .7 SCHEDULE B • Owner Policy No.: 003919 Thls policy is subject to the Conditions and Stipulations hereof, the teens and conditions of the leases or easements in- sured, if ar/, shown in Schedule A and to the following matters which are additional exceptions from the coverage of this policy: 1. Reslrictive 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 overlap^ing of im- provements. 3. Taxes for the y-ar 19---8*,'Ind subsequent years, and subsequen'. assessments for prior years due to change in land usage or ownership. 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): 5. Easement dated April 3, 1946, executed by G. B. Hart to Brazos River Transmission Electric Coop.,, shown of record in Volume 332, Page 904, Deed Records of Denton County, Texas. 6. Easement dated April 7, 1944, executed by G. B. Hart and wife, to Texas Power and Light Company, shown of record in Volume 309, Page 280, Deed Records of Denton County, Texas. 7. Easement dated September 7, 1936, executed by Emma L. Matthewe to Texas Power and Light Company, shown of record in Volume 259, Page 537, Deed Records of Denton County, Texas. 8. Easement datrad April 22, 1955, for street, executed by David Mulkey to the City of Denton, Texas, recorded in Volume 410, Page 426, Deed Records of Denton County, Texas. 9. Easement dated February 25, 1977, executed by David Mulkey to City of Denton, shown of record in Volume 824, Page 132, Deed Records of Denton County, Texas. 10. Any portion of the property herein described which falls within the boundaries of any road or roadway. 11. Visible and apparent easements on or across the property. i DRM 11 $001%9 (Rrv r!0)25M7A.,4 A 96--WARRANTY DEED-With Gm" and Corpontioo, Adcnowledgm u MARTIN SWiooaf Co„ Danaa THE STATE OF TEXAS' voi1049 DACE 460 COUNTY O1!...DENTO[1........................... Know All Men By These Presents: KEO RECORM That DAVID MULKEY 3.{) 16 of the County of Denton , State of Texas for and in consideration of the sum of -----Six Thousand Four Hundred Thirty-Five & No/100 ($6,435.00)-[)OLLARS, i to him in hand paid by the City of Denton, Texas, a Municipal Corporation have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said City of Denton, Texas, a Municipal Corporation of the County of Denton , State of Texas §~t4~xE1'4t TRACT II. All that certain 0.561 acre tract or parcel of land situ"ted i the J. Brock Survey, Abstract No. 55 Denton County, Texas; said trac being tract occupied on the griund as staked by the City of Denton, Texas and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herein a a point south 890 49' 40" west 54.7 feet and south 200 55' 20" w:s 302.1 feet from the northeast corner of an 18.0)2 acre tract deeded t David Mulkey on November 11, 1952; THENCE south 200 55' 20" west 53.S feet to a point for a corner; THENCE north 890 521 701' west 29.3 feet to the beginning of a curve t the left whose radius is 450.0 feet; THENCE with said cut•ve whose central angle is 310 06' SO" a length o 244.36 feet to the end of said curve; THENCE south 590 00' 20" west 47.9 ! eet to the beginning of a curve t the right whose radius is 62S.0 feet; THENCE with said curve whose central angle is 60 330 3091 Vii length o 71.53 feet to a point on the north right of way of Paisley Street; THENCE south 880 51' 30" west with the north right of way of said stree 214.2 feet to a point for a corner; THENCE in a northeasterly direction with a curve, to the left, who radius is 575.0 feet and a central angle is 260 341 a distance of 266. feet to the end of said curve; THENCE north 590 00, 2011 east 47.9 feet to the beginning of a curve the right whose radius is 500.0 feet and central angle is 310 061 5011 length of 271.52 feet to the end of said curve; THENCE south 890 521 5011 east 48.3 feet to the point of beginning. TRACT III. All that certain 0.601 acre tract or parcel of land situated i tie -7: Brock Survey, Abstract No. 55, Denton County, Texas; said tract being part of an 18.02 acre tract shown by deed to David Mulkey date November 11, 1952 and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herei south 890 491 40" west 54.7 feet and south 200 1.;S1 2011 west 355.6 fee from the northeast corner of an 18.02 acre; THENCE south 200 551 2011 west 123.9 feet to a point for a corner; THENCE south 880 511 3011 west 322.2 feet to a point for a corner; THENCE in a northeasterly direction with a curve to the left whose radiu is 625.0 feet and central angle is 60 331 3011 a distance of 71.53 fee to the end of said curve; THENCE north S90 001 2011 east 47.9 feet to the beginning of a curve t the right; THENCE with said curve whose radius is 450.0 feet and central angle i 310 06' SO" a distance of 244.36 feet to the end of said curve; THENCE south 890 52, SO" east 29.3 feet to the point of beginning; TO HAVE AND TO }TOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Denton, Texas, a Municipal Corporation, its successors imtm and assigns forever; and I do hereby bind thyself, my heirs, executors and administrators, to Warrant and Foreaer Defend all and singular the said premises unto the said City of Denton, Texas, a Municipal Corporation, its successors Y.dnt and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Witness my hand at Denton, Texas thl,. 416h day of December ,A.D.1980 Witnesses at Request of Grantor; . + DAVID~MULKEot 0,9 {'ACE.4/ ' ACKNOWLEDGMENT voLI049 MCE , THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF.............. DEi1T0N.......... in and for said County, Texas, on this day personalty appeared David ...Mulkey _ . - known to me to be the persom.......whose name............. 1S subscribed to the foregoing instrument, and acknowledged to me that ..e. a ......_..)lp!:1., N4 the same for the purposes and consideration therein expressed. Y//r 4th day of Decerlbt r_. A. D. 19...8.4.... `Wsu* 4z Sty IMND AND SEAL OF OFFICE, This . s ti O : ; ke J Notary Public,... ......O.A..D[).............. county, Texan •,.'1'~'•, My Commission Expires June _$..Q. , 19......F.. ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE DIE, the undersigned authority, COUNTY OF in and for mid County, Texas, on this day personally appeared..._ . known to me to be (be person........ whose name subscribed to the foregoing Instrument, and acknowledged to me that s.......... executed the same for the purp~-es and core.deration therein expressed. _ GIVEN UNDER MY BAND AND SEAI. OF OFFICE, This ...............................day of A. D. 19............ (L S.) Votary public...................... ...................County, Texas \fy Commission Expires June 19_........ CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned auhority, COUNTY OF 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 and acknowledged to me that the same was the ad of the said a corporation, and that he executed the Fame as the ad of such corporation for the purposes and consideration therein expressed, and to the capacity therein stated GIVEN UNDER MY HAND AND SEAI. OF OFFICE, This ...............................day of.................................... A. D. 19............. i 1. S.) Votary Public,.._ ......................................................................County, Texas My Comrr.L"Ion Expires June 10...... THE STATE OF TEXAS, I _ . CG[NTY OF County 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 Certldcate of Authentication, was fled for record In my office on the ...................day of........................,,.,.................., A.D. 19................, At o'clock M., and was duly recorded this.................... day of..._.._.._......_....._ A.D. 10............, at.............. O'clock .......H., In the Records of aid County, in Vol. ume..... on pagn............ WITNESS my bane and seal of the County Court of said County, at my office in .........................................................................................................................the day and year fast above written. _ Clerk County Court.. .............................................................................................County, Texas (L S.) By ...__...........s Deputy. f , > ti i V~ 1 id \ H Ny a ~ ~ I I 1.~'d f.i-E~ . ~ t_ • . ! ~ d i I i i 6 ! J1 E jp ! y s I ! i i I M i 1'1-. ! 10 xb~ {Fla' X07;£ ~fd h-~', U ! 3 8'"~ im "3 r 3 f i E ' i h E C7 i ' G'• ~ ' oe' : o p 1'3.7 is > j E i ~ to n ` s # ` p FwI ! II 4 ` i C dw ~o , R E S O L U T I O N WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parc 1 of.. .real estate described below and "4 J` ' WHEREAS, the City of Dentoq and owner of said parcel, David Mulkey, agree that a consideration of $60435.00 is a fair and agreed value of such described property; NOW, THEREFORL, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, 1EXAS, THAT: 1. The City Attorney is hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the City of Denton: TRACT IL. A11 that certain 0.561 acre tract or parcel of land situated in the J. Brock Survey, Abstract No. 55, Denton County, Texas; said tract being tract occupied on the ground as staked by the City of Denton, Texas; and being more particularly described as follows: BEGINNING for the northeast corner of the trar.t being described herein at a point south 890 49' 40" west 54.7 feet and south 200 55' 20" west 302.1 feet from the northeast corner of an 18.02 acre tract deeded to David Mulkey on November 11, 1952; THENCE south 200 55' 20" west 53.5 feet to a point for a corner; THENCE north 890 52' 50" west 29.3 feet to the beginning of a curve to the left whose radius is 450.0 feet; THENCE with said curve whose central angle is 310 06' 50" a length of 244.36 feet to the end of said curve; THENCE south 590 00' 20" west 47.9 feet to the beginning of a curve to the right whose radius is 625.0 feet; THENCE with said curve whose central angle is 60 33' 30 a length of 71.53 feet to a point on the north right of way of Paisley Street; THENCE south 880 51' 30" west with the north right of way of said street 214.2 feet to a point for a corner; THENCE in a northeasterly direction with a curve, to the left, whose radius is 575.0 feet and a central angle is 260 34' a• distance of 266.6 feet to the end of said curve; THENCE north 590 00' 20" east 47.9 feet to the beginning of a curve to the right whose radi-i5 is 500.0 feet and central angle is 310 06' 50" a length df 271.52 feet to the end of said curve; THENCE south 890 52' 50" east 48.3 feet to the point of beginning. VOL1049 PACE 463 '1 val.049 PAcE 464 TRACT III. All that certain 0.601 acre tract or parcel of land situate3 in the J. Brock Survey, Abstract No. 55.. Denton County, Texas; said tract being part of an 18.02 acre tract shown by deed to David Mulkey dated November 11, 1952 and being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herein south 890 49' 40" crest 54.7 feet and south 200 55' 20" west 355.6 feet from the northeast corner of an 18.02 acre; THENCE south 200 55 20" west 123.9 feet to a point for a corner; THENCE south 880 51 30" west 322.2 feet to a point for a corner; THENCE in a northeasterly direction with a curve to the left whose radius is 625.0 feet and central angle is 60 33' 30" a distance of 71.53 feet to the end of said curve; THENCE north 590 00' 20" east 47.9 feet to the beginning of a curve to the right; THENCE with said curve whose radius is 450.0 feet and central angle is 310 06' 50" a distance of 244.36 feet to the end of said curve; THENCE south 89(1 52' 50" east 29.3 feet to the point of beginning; 2. The City of Denton is hereby further authorized to pay David Mulkey as owner of said described property, consideration in the amount of $6,435.00 purchase price, plus any other necessary and reasonable costs of closing. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. . PASSED AND APPROVED this the -~?y day of , 1980. t~ICNARD OAT CIT~f OF OON, TEXAS ATTEST• S H L CITY-SEF.TAR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: _ ~ ~ ~ ~ F ~e a~ l CONTRACT AGREEMENT STATE OF TEXAS [ COUNTY OF Denton [ THIS AGREEMENT, made and entered into this 5 day of December A.D., 19 so, by and between City of Denton, Texas of the County of Denton and State of Texas, acting through John J. Marshall, Purchasing Agent thereunto duly authorized so to do, Party of the First Part, hereinafter termed the OWNER, and Jagoe Public Company of the City of Denton County of Denton and State of Texas Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and IN cunsideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Part (CONTRACTOR) hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: _Bid_@8825 Robertson Street Paving and Drainage Improvements For the amount of $27,547.70 and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equip- ment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and 4"Ices stated in the Proposal attached hereto, and in accordance with all the General Conditions of the Agreement, the Special Conditions, the Notice to Bidders (Advertisement for Bids), Instructions to Bidders, and the Performance and Payment Bonds, all attached hereto, and in accordance with the plans, which includes all maps, plats, blue- prints, and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by Rick Svehla, Director of Public works all of which are made a part hereof and collectively evidence an constitute the entire contract. The CONTRACTOR hereby agrees to commence work on or aftr;r the date established for the start of work ,is set forth in a written notice to canmence work and to substantially complete all work within the time stated in the Proposal, subject to such extensions of time as are pro- vided by the General and Special. Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the Proposal, which forms a part of this Con- tract, such payments ti be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. ATTEST- J , rty t e First Part, OWNER By John J. Marshall, C.P.M. Purchasing Agent (SEAL) ATTEST: Par 40the eco dPart,CONT CTOR By ~_J.-F~nance (SEAL) PERFORMANCE BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS; That Jagoe-Public Co. . of the City of ^antoa County of Denton , and State of Texas as PRINCIPAL, and SEABOARD SURETY COMPANY , as SURETY., authorized under the laws of the State of 'texas to act as surety on bonds for principals, are held and firmly bound unto the The City of Denton, Texas as OWNER, in the penal sum of Twenty- seven thousand, five hundred and 00/100 Dollars 27,500.00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the 5 day of December 19 80 , for the con- struction of Bid 98825 Robertson Street Paving and Drainage Improvements which contract is hereby referred to and made a part hereof as fully znd to the same extent as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the cove- nants, conditions and agreements in and by said contract agreed and cove- nanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full forte and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the 56tn Legislature, Regular Session, 1959, and all liabilities on this bond sball.be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. PROM ED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Denton County, State of Texas. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alter- ation or addition to the terms of the contract, or to the work to be per- formed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11th day of December , 1980 Jagoe Public Company SURETY rnmPANY rinc pa _ urety F.y Title y-- 9'_( -List 20t Kr_ Title William D. Birdsong - Attorney-in- act Address Address l!5_L2f), j c rn i dr (SEAL) (SEAL) The name and address of the Resident Agent of Surety is: William D. Birdsong - NOTE: Date of Bond must not be prior to date of Contract. PAYMENT BOND STATE OF TEXAS COUNTY OF uenton KNOW ALL MEN BY THESE PRESENTS: That Jagoe-Public Compai: of the City of - Denton County of Denton , and State of Texas _ as principal, and SFAROARD SUR TY COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of Denton (Owner), in the penal Sum of 27,500.00 ) Twenty-seven thousand, five hundred and 00/100 Dollars for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, sucessors and assigns, Jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract , with the Owner, dated the 5 day of December , 1980 Bid 68825 Robertson Street Paving and Drainage Improvements to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, ','O'E CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosection of the work provided for in saif contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, al- ternation or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this lith day of December 1980 Jagoe Public Company SEABOARD SURETY COMPANY Principal f Surety 7 c J Title:--It-f fes ,-L4y<<e Title:William D. Bird„nL- Attorney-in-fact Address: Address: ,i 175 The name and address of the Resident Agent of Surety Is: William n. 111rAcnn9 - t li'r Certified Copy SEAlU0,U4D 5URET-1- C0,'-1P,%N-1- HOME. OYPICE No. 8038 NswY0tax,NeWY0RX POWER OF ATTORNEY KNOW ALL MEN C'Y THESE PRESENTS: That SEABOARD SURETY COMPANY, a cor- poration of the State of New York, has made, constituted and appoint!d and by these presents does make, constitute and appoint Porter Ellis or G. E. Easley or Tom P. Ellis,III or William G. Klingran or Willard Crotty or James N. Powers or Peter A. Rush or William D. Birdsong or John E. Ratliff of Dallas, Texas its true and lawful Attorney-ir.-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of similar nature as follows: Without Limitations. Such insurance policies, surety bonds, underw ings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, and are still in full force and effect: ARTICLE VIII, SECTION 1: `Policies, bonds, recognizancea, stipulations, consents of surety, underwriting undertakings and Instruments relating thereto. Insurance policies, bonds, recognizances, stipulations, tonsents of surety and underwriting undertakings of the Company, and releases, agreements and other writings relating in any way thereto or to an., claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine. ~ The seat of the Company shaft if appropriate be affixed thereto by any such officer, Attorneyin-Fart or representative," IN WITNESS WHEREOF. SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this,,,....6~!..........day of ...................January, 197.7 Attest: SEABOARD SURETY COMPANY, (Seal) ............Karen-Noyes .....,,....John C. W'.Iiteeide....................................... Assistant Secretary Vice-President STATE OF NEW YGRK COUNTY OF NEW YORK On this .........6th ~,f ..,,Jamazy 19.~~... before me personally appeared "wis;n"`tG:y Wh'Iar.......d'e:: a Vice-President of SEABOARD SURETY ted sworn that he inOthe State,of....!:ew°, ersey. pers- that he4isaanV ce-Preside beingofbySEABOme SITPFTY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corr pany; that the stal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Dimclors of said Company; and that he signed 1,:+ name thereto as Vice-President of said Company by like authority. State of New York No, 43-846887(` qualified in Richmond County Cert. filed in New 'fork County (Seal) Commis,Aon Expires March 30, 1978 Margaret M. Quinlan I........ Notary Public CERTIFICATE 1, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, Is in full force and effeet on the date of this Certificate and 1 ds further certify that the Vice President who exe(uted the said Power of Attorne~yy was one of the officers authorized by the Board of Directors to appoint an attorneyin-fact as provided in Article V111, Section 1, of the By-Laws of SEABOARD SURETY COMPANY. Phis Certificate may be signed and sealed bt facsimile under and b,t authority of the following resolution of the Board of Directors of SEABOARD SURETY COMPANY at a rneetin,t duly called and held on the 26th day of March 1970. `r,. SOLVED: (2) Ths the use of a printel, facsimile of the corporate eta[ of the company and of the signature of an Assi,tant Secretary on ,:.y ceriilicstion or the correctness of a copy of an Instrument executed b/ the President or a Vice-president pursuant to Article Vlll. Section 1, of the By-Laws ap;ointfng and authorizing an attorney-in-fact to sign in the name and on behalf of the company surety 'bonds, underwriting undertakings or other Instruments described In said Article VIII, Section 1, with like effect so it such seal and such signature had been manually affixed and made, hereby is authorised and approved." IN WITNESS WHEREOF. I have hereunto gel my hand and affixed the corporate seal of the Company to h these presents, this Il.>~ . day of Y,.,,...,...,,.....,,,,..,,..,..,, Iol OSfrRf 19 27 ...........1oF ,r Assistant Secretary (rena sir (an. s le) " 45 l OATH OF OFFICE do solemnly swear (or Wf irrm that will faithfully execute the duties of the office of t~iy t ` of the City of Denton, Texas, 10F 1 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. =f Subscribed d sworn to before me the undersi ned on this the day of ~A.D. 19 To certify which witness mY hand and Seal of office. ITY SECRETA CITY OF DENTON, TEXAS rt~ k \ a ~ ~ p~ n . t ~j ~~4>q.,~,i ~.G'~i.-. O-a-t~ ,~r'~ OATH OF OFFICE do E 7lemnly swear or affirm) that I will faithfully execute the duties of the office o~ i• 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. Siibscribed d sworn to before me the undersigned on this the day of , A.D. 19_cfO . To certify which witness my hand and seal of office. SFCRETAR CITY OF DENTON, TEXAS ~ ~ ~il ~ ~n b Q~ --tip CAT- THE STATE OF TEXAS KNOW ALb-WN OY THESE PRESENTS: COUNTY OF Denton yf DEM 'SECORDS. 34987 THAT Bob A. Crouch of Denton County, Texas , in consideration of the sum of Ten dollars ($10.00) and no/cents--------------- and other good and valuable consideration i in hand paid by the City of Gtn.ton, 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 H. Sisco Survey, Abstract No. 1184 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 Alice Ruth Hilger, et al to Bob A. Crouch by Deed dated 11-27-72 and recorded in Volume 661, Page 427 of the Deed Records of Denton County, Texas, and more particularly described'as follows: Commencing at the northeast corner of said Crouch Tract, said point also being the intersection of the center line of Pecan Creek with the south right-of-way line of McKinney Street; Thence North 88°42'44" west, along the north boundary line of said Crouch Tract and the south right-of-way line of McKinney Street, a distance of 148 feet to the point of beginning; Thence south a distance of 150.00 feet to a point for a corner; Thence West a distance of 16 feet to a point for a corner; Thence north a distance of 150.27 feet to a point for a corner in the north boundary line of said Croucn Tract and the south right-of-way line of McKinney Street; Thence South88°42'44" east along the north boundary line of said Crouch Tract and the south right-of-way line of McKinney Street a distance of 16 feet to the place of beginning and containing 2402.27 square feet of land, more or less. And it is further agreed that the said City of Denton, Texas , In consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property, For the purpose of nstructing, installing, repairing and perpetually maintaining public uti 1 iQ®r in, along, upon and across h ht and privilege at all times of the grantee herein, his or its agents, emplo n a e es tatives having Ingress, egress, and regress in, along upon and across said pr t par making additions to, Improvements on and repairs to the said publiany paTO HAVE AND TO HOLD unto the said City of Denton as aforesaid for the purposes aforesaid the premises above described. Witness hand , this the 154A day of D m er , A. D. lg 80 . I B 6b A. Crouch . -r_.__ _ Y -1051- MEJ vo11051 ~ncE 30 SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF Denton BEFORE DIE, the undersigned authority, in and for said County, Texas, on this day personally appeared _ .Bob R. Crou-0, - knaen to me to bo the person whose nnme i5 subscribed to the foregoing instrument, and acknowledged to me that he exe, same for the purposes and consideration therein expressed. y ~j GIVEN AND SEAL OF OFFICE, This /~Jdaay doff o~~0p'.^t",.~" e-, A.D. 1900. .4A.W V /1~, r..~WS. G___.... Notary I u tic, lllxl•/.. /7w1'~` County. Texas My Commission Expires Jrorr~-3•r-33- ~j ~I~.. SINGLE ACKNOWLEDGMENT THE S T t BEFORE DIE, the undersigned nutl irity, COUNTY 0 6M ,tr'``' in and for sal this day personally appeared known tome to be the person whose name subscribMd to the foregoing instrument, and acknowledged to me that he executed the same for the purposes cold consideration therein expresxed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of-- . , A.D. 19 Notary Public, County. Texas _ Slv 7ornmie.inn Expires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE CIE, the order.` Bed authority, COUNTY OF. in and for said CQi:n(y, Texr,s, on this day personally apponred a. whose namo'ls sVbscribcd to the Gv, knrw~i to rno ,]be U lwr=on andlr guinlt iu.'rtnn, nt I nag r. ,nlo~icnl to air trot +61. s,a•.^ wn_ tilt, 'rot lt o' ttv s"l sail , a corporation, `pnrl that 11" excentel the raine ps tIn• hcl of roth c~rl.r~ratioo f,.r thr o ill, c,a and crrsi i ration therein expressed, and in'tha capacity lhercin.tateJ. GIVEN' UNDER MY HAND AND SEAL OF' OFFICE, This day cf A.D. 19 (1,S. ) Notary Public, County, Texas My Commission Expires June 1, 19 CLERMS CERTIFICATE THE STATE OF TEXASr ( I County COUNTY OF I Clerk of the County Court of said County, do hereb^ ccrti.y that the foregoing instrument of writing dated on the . . day of _ . . _ , A. D. 19 , with its Certificate of Authentication, was flied for record In my office on the day of A. D. 19 at o'clock It., and duly recorded this day of A. D. 19 nt o'clock 31., in the Records of sold County, in Volume , on pages WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at ofTice In ..the day and year last nbove written. County Clerk County, Texna. (L, By Deputy. s; t rJ i d .y 4 0 tj G ~ a ❑ ! a ; d do rc ! A , i i , i PCC a n o I i' , AIM' jj+LO V9 L 1 q ! w ! ~ 7 f %II Kt HANTS MUTUAL BONDING COMPANY NOTI„E OF CANCELLATION OF BOND BY SURETY To,__City of Denton C/O. City Clerk Denton Texas 76201 _ IZEHANTS MUTUAL BONDING COMPANY as Surety, hereby notifies you !hat its Bond No, TX 259451 dated on or about -September 111 1980 _ on behalf of___Ra1p.$__ h i to described as__Sidewalk_.Contrac_tor__ is hereby canceled effective thirty__30) days from receipt of this notice and that a; said Surety 0 shall not be responsible thereunder for any acts or defaults committed or loss xcurring after said date. Dated this 16th day of December 19 SO MERCHANTS MUTUAL BONDING COMPANY R ey AMA C.W. Story., ice P sident CWS/dd cc; David Schovajsa 6300 Ridglea Place #920 Fort Worth, Texas 76116 Ralph White b z 1 n 1 ~ Z bJ t~p I NO, 80-86 AN ORDINANCE APPROVING THE 1980 TAX ASSESSMENT ROLLS AS APPROVED BY THE BOARD OF EQUALIZATION OF THE CITY OF DENTON THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The 1980 Tax Assessment Rolls of the City of Denton, Texas, as approved by the Board of Equalization of the City of Denton are hereby approved. PASSED AND APPROVED on this the 16th day of December, 1980. I , CI OF DENTON, TEXAS ATTEST-., r:!1l • IT SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXP. BY: x a b M ~ o a r °4 DENTON PEE WEE BASKETBALL ASSOCIATION THE STATE OF TEXAS } CONTRACT FOR SERVICES COUNTY OF DENIUN { This Agreement made this the 1st day of December, 1980, between the Denton Pee Wee Basketball Association, hereinafter referred to as the "Association", and the City of Denton, hereinafter referred to as "City", each acting by and through its authorized officials, pursuant to the following terms and conditions: 1. City agrees to pay to the Association the sum of Three Thousand and No/100 ($3,000.00) Dollars, and certain fees and charges hereinafter described, for the City's fiscal year 1980-1981. Association shall submit an annual budget to the City for approval which shall set forth on an item by item basis the fees and charges hereinafter described, and the above Three Thousand and No/100 ($3,000.00) Dollars, the City will make one payment to the Association on the 1st day of December, 19800 in the amount projected in the annual budget. City shall make such payments solely from current revenues in the budget of the Parks and Recreation Department. Expenditures shall be authorized for a period from December 1, 1980, th ough February 28, 1981. 11. Association agrees to provide qualified Basketball officials for all Youth League Basketball games and special games that are sponsored by the Denton Pee {gee Basketball Association. i III, Association agrees to the following additional terms and conditions: 1. It will establish a separate bank account for deposit and expenditure of funds described harem to avoid any accidental commingling of funds. 2. Ic will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. 3. It will permit authorized officials for the City of Derton to review its books at any time. 4. It will reduce to writing all of its rules, regulations and policies, and file a copy with the Director of Parks and Recreation or his authorized representative along with any amendments, additions, or revisions whenever adopted. 5. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. 6. It will prepare and submit a report )f expenditures and revenues to the Director of Parks and Recreation or his representative by the 1st day of March, 1981. 7. It will refund the balance of its account to the City of Dentoi, on or before March 1, 1981. 8. It will promptly pay all bills when submitted; unless there is 3 discrepancy in a bill which should be promptly reported to the Director of Parks and Recreation or his authorized representative for further direction. 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested. 16. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Association, its euployees, and/or contractors. 11. It will obtain releases from the officials which will release, indemnify and .:old harmless the City and the Association from any claims, Injuries, or damages of the officials. 12. It will retain officials as independent contractors and not as employees. IV. The general terms and conditions are as follows: 1. If any of the terms and conditions are not ccmplied with by the Association, the City is authorized to refuse to make any further payments until the condition on which the complaint is based is corrected to the satisfaction of the City. Page 2 2. This contract shall be subject to all valid rules, regulations, and laws applicable thereto as promulgated by the United States of America, State of Texas, or any other governmental body or agency having lawful jurisdiction. 3. Association is authorized and should give notices required herein to the Director of Parks and Recreation or that person's authorized representative. 4. Any contribution or gifts received by the Association are not subject to the provisions of this contract and they should be kept separate and apart from the funds, charges, and fees covered by this contract. S. Association shall provide its services and be paid by the City in the capacity of an independent contractor and not as an agent or department of the City. It shall have complete control, supervision, and responsibility for its activities under this contract including the hiring, supervision, and control of its employees. IN WITNESS WHEREOF, the parties hereto, acting under authority of their governing body and Board of Directors, have caused this contract to be executed in two counterparts, each of which will constitute an original, as of the lo, day of , 1980. ~3 6 LJel IT OF DE TON, TEXAS ATTEST: 71 , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CI1'Y OF DENTON, TEXAS BY: DENTON PEE WEE. BASKETBALL ASSN. $Y: a~- 1 Page 3 . • ~ • f •r~ n ~ ~ n ~ ~ r~ y n a' I . R E S O L U T I O N WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Henry P. Lo, egree that a consideration of $1,864.00, is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: 1. The City Attorney is hereby authorized to prepare what- ever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas: BEING 0.373 of one acre of land, more or less, out of a part of a 9.997 acre tract situated in the Caswell Carter Survey, Abstract No. 275 and tho R. B. Longbottom Survey, Abstract No. 775, Denton County, Texas that was conveyed to Henry P. Lo by deed dated October 18, 1978, recorded in Volume 919, Page 336, Deed Records of Denton County, Texas; said 0.373 of one acre of land, being more particdlarly described by metes and bounds as follows: BEGINNING at the point of intersection of the north boundary line of the Lo 9.997 acre tract and the proposed west rie:ht of way line of Loop 288, said point being north 890 16' 46" east a distance of 641.85 feet from the most southerly southwest corner of a 272.22 acre tract described in deed to Alex L. Kallay, Trustee, recorded in Volume 761, Page 279, Deed Records of Denton County, Texas; THENCE north 89° 16' 46" east along the said Lo north boundary line a distance of 145.05 feet to a point; THENCE south 07° 27' 40" east for a distance of V).00 feet vo a point in the south boundary line of said Lo tract, said point also being on the north line of Mingo Road; THENCE south 690 23' 48" west along the said south boundary line of the Lo tract and north line of Mingo Road for a distar.e of 167.04 feet to a point in the aforesaid west right of way lire of Loop 288; THENCE north 000 26' 58" east along the proposed we:c right of way line for a distance of 135.29 feet to the placa of beginning. 2. The City of Denton is hereby further authorized to pay Henry P. Lo, as ownar of said described property, consideration in the amount of $1,864.00, purchase price, plus ;ecessary and reasonable recording fees. ti 3. 4his Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. J~ Joe PASSED and APPROVED this theday of QI„ r', A. D. 1980. ` I C RD 0. EMAYOR CIT OF 470N, TEXAS ATTEST% A/~ KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: C . Y 7- CITY OF DENTON MAYOR f CITY COUNCIL COMMUNICATION DATE: December 16, 1980 SUBJECT: Real Property Acquisition It is recommended that the City Council authorize the purchase of real property (as described below) for the purpose of constructing essential public improvements. NAME OF PROJECT- Loop 288 TYPE OF ACQUISITION: General Warranty Deed DESCRIPTION OF LAND/LOCATION: Loop 288 and Mingo Road Sfffh ,5txRblfi(R/AC tES: 0.373 OWNER(S): Henry P. Lo Negotiations have ta-en place with the owner(s) and owner(s) have acceptei the appraisal of the fair market value, as provided by the State Department of Highway and Public Transportation, fcr an amount of $1,864.00 The City of Denton is required to pay recording fees rind the State of Texa:: will pay the remainder of the closing costs. ACTION NEEDED; Approve Resol+ition purchasing the above described property after reconvening into open session. ~ ~ l~n~eer1 ROGER N. WILNINSON RIGHT OF WAY NEGOTIATOR r i ~ i ~ a U Q ° ^ o 3 4v 1 . THE STATE OF TEXAS CITY OF DENTON RESOLUTION 114 APPRECIATION OF COUNTY OF DENTON BUD HENSLEY WHEREAS, Bud Hensley has unselfishly contributed his time and effort in an outstanding and exee.plary manner during his tenure of office, and has promoted the welfare and prosperity of the City; and WHEREAS, the Mayor and City Council acknowledge their grateful appreciation for the tireless and outstanding manner in which Bud Hensley has performed these, and many other, public services, and extend their best wishes for his continued success as a community leader; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: that the sincere and warm appreciation of Bud Hensley, felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by spreading this Resolution upon the official minutes of the - City of Denton, Texas, and forwarding to him a copy hereof; and BE IT FURTHER RESOLVED, that the City of Denton does hereby officially and sincerely extend its best wishes to they Honorable Bud Hensley, for a long and successful career as a member of our community, and as a civic leader. PASSED AND APPROVED this the 16th day of December, A. D. 1980. 0 A IW STEWART9 MAYOK CI OF ENTON, TEXAS ATT T: ~/-f/op CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY UP DENTON, TEX S BY. 4 Z b i1 A n C n y 0 R - L ~ NO. AN ORDINANCE PROHIBITING IHE PARKING OF VEHICLES ON THE SOUTH SIDE OF ALAMO PLACE FROM THE INTERSECTION OF THOMAS STREET EAST TWO HUNDRED FORTY (2401) FEET TO THE END OF ALAMO PLACE; PROVIDING A SEVERABILITY CLAUSE: PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. When signs are erected giving notice th;reof, no person shall park a vehicle at anytime upon any of the following streets or parts of streets in the City of Denton, to-wit: The south side of Alamo Place from the intersection of Thomas Street east two hundred forty (2401) feet to the end of Alamo Place SECTION II. The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the streets and parts of streets designated therein except when it is necessary to stop a vehicle to avoid col:flict with other traffic or in compliance with the direction of a police officer or official traffic-control device. SECTION III. Any person adjudged guilty of parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION IV. That if any section, Subsection, paragraph, sentence, clauso, phrase or word in this ordinance, or application thereof to any person or cir,--umstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. All ordinances in conflict herewith are hereby repealed. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the L(20 day of 1980. IT OF IM4TO'No TEXAS ATTEST.- ; 1 4 1"'K e Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: f/~Gc'L~fsa.•ar L b O P op Q g 47~ N0. $0^8 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REMOVING PARKING ON BOTH SIDES OF LINDEN STREET FROM PONDER TO BRYPN STREETS BETWEEN THE HOURS OF 9:00 A.M. and 4:00 P.M., MONDAY THROUGH FRIDAY; PROVIDING FOR AUTHORITY TO TOW-AWAY AND IMPOUND VEHICLES PARKING ON SAID CERTAIN PORTION OF LINDEN STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING PENALTIES; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council after careful consideration of the matter and upon the recommendation of the Traffic Safety Commission of the City of Denton, finds it necessary and justified to remove parking on that certain portion of Linden Street more fully described below between the hours of 5:00 A.M. AND 4:00 P.M., Monday through Friday in order to insure the safety and welfare of motorists and pedestrians regularly using the said streets for travel; now, therefore, THE CITY COUNCIL OF T2 E CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That both the north and south sides of Linden Street from its intersection with Ponder Street to its intersection with Bryan Street shall not be used for the parking of vehicles or in any other manner be obstructed between the hours of 0:00 A.M. and 4:00 P.M. on Monday through Friday, and the same shall be so posted with signs or markings or both by the proper authorities of the City of Denton, Texas. SECTION II. That in the event any vehicle, except an authorized emergency vehicle or police or fire vehicle, shall be found parked in or upon the said certain portion of Linden Street so described in Section I of this ordinance, the same shall be removed or caused to be removed by any police officer and taken to some place designated or maintained by the police department of the City of Denton for such purpose and kept until application for redemption is made by the owner or his authorized agent or other person legally ertitled to possession of such vehicle pursuant to the provisions o:° Section 24-131 of the Denton Code of Ordinances, as amended. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is helm invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are incon- sistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION V. That is is hereby declared to be unlawful for any person to park any vehicle except an authorized emeigency vehicle or police or fire vehicle on any portion of the above described streets as is posted or marked by the proper authorities of the City of Denton, and that Section 1-5 of the Denton Code of Ordinances, as amended, is incorporated into this ordinance as if set out in full herein, and the penalty by fine not to exceed Two Hundred Dollars (5200.00) is applicable hereto for each separate offense. SECTION VI. That this ordinance shall become effective fourteen (I4) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the Lotday of 1980. CIT OF DE TON, TEXAS A TTES CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: Ca, b~ /L 7!w rp4- d4v ~ ~ . i Z Z g 2 ~i t 4 41 I i r THE STATE OF TEXAS S ESCROW AGREEMENT COUNTY OF DENTON S THIS ESCROW AGREEMENT is made and entered into this the 19th day of December, 1980, by and between the City of Denton, a Municipal Corporation of the State of Texas ("City") and Calusa Development Inc. of Denton County, State of Texas ("Developer"); WITNESSETH WHEREAS, Article 13.07(b) (2) of the Denton Code of Ordin- ances, as amended, permits•a subdivider in lieu of the actual completion of all street, alley, curb and gutter and drainage improvements for a proposed subdivision within the City of Denton, to make an escrow deposit in the totcU estimated amount ja for such improvements prior to the Issuance of building permits within the subdivision, said escrow arrangement to provide that the City of Denton shall be entitled to the proceeds upon failure of the contractor to complete the necessary improve- ments; now, therefore, The parties hereto agree as follows: 1. The developer shall deposit a total sum of $5,000.00 in an escrow account with First State Bank of Denton to be held and used for the actual installation and completion of a valve box at the sewer lift station at Wimbleton Village Subdivision, said escrow arrangement to provide that the City of Denton shall be entitled to the proceeds including any interest, upon failure of the Developer to complete the sail improvements. 2. The Developer shall not withdraw the escrow funds or any portion thereof, except for the payment of said improvements. 3. The partiris hereto agree that any interest which may accrue on the escrow account may be retained by the Developer provided that all said improvements are completed, approved and accepted by the City. 4. The said escrow arrangement shall provide for the holding of said proceeds until all said improvements are installed at the lift station at Wimbleton Village Subdivision, and approval and acceptance of said improvements is given by the City. 5. The Developer agrees to pay any and all escrow fees charged by First State Bank of Denton for the said escrow account. 6. The parties hereto agree to execute an escrow receipt, and instructions thereunder, directed to the First State Bank of Denton, as escrow agent, to hold the funds in accordance with this agreement. 7. It is understood and agreed that time is of the essence of this agreement, and in the event that the Developer shall fail to complete the said improvements within fifty (50) working days, the City shall give written notice to the Developer and First State Bank that the City intends to invoke the forfeiture provision of this agreement and the escrow agreement. 8. In the event that Developer fails to complete the said improvements and it becomes necessary for the City to employ the services of an attorney to enforce this agreement, with or without litigation, the Developer agrees to pay the City a reasonable attorneys fee and, in addition, such reasonable costs and expenses as are incurred in enforcing this agreement. 4. It is expressly understood and agreed that this agreement chall not be assigned by the Developer without the prior written consent of the City, but that said consent shall not be reasonably withheld, 10. This agreement shall be binding upon the heirs, executors, administrators, and assigns of the parties hereto, IN WITNESS WHEREOF, the parties to this agreement have hereto set their hands, executed as to the original and two copies, on the date first above written. CITY OF DENTON, TEXAS Bye ATTES KS HO T, CITY SECRETARY CITY OF DENTON, TEXAS CALUSA DEVELOPMENT, INC. Bye ~~c THE STATE OF TEXAS S COUNTY OF DENTON § BEFORE ME, the undersigned authority 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, and acknrwledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the ; day of December, 1980. &J30J-1-6~, NOTARY PUBLIC My Commission expires: lc>- 31 g ( IOU r . f ~ i a pfNtO~ . h n a ~ y t ~ 2 a~. THE STATE OF TEXAS S ESCROW AGREEMENT AND INSTRUCTIONS COUNTY OF DENTON S WHEREAS, the City of Denton, Texas ("City") and Calusa Development Inc. ("Developer") have executed an escrow agreement dated the 19th day of December, 1980, a copy of which is attached whereby the parties agreed to establish an escrow account with First State Bank of Denton; and WHEREAS, the Developer has delivered to and deposited with First State Bank the sum of $5,000.00 as the estimated cost for completion of a valve box at sewer lift station at Wimbleton 'r Village subdivision, receipt of which is hereby acknowledged by First State Bank of Denton; and WHEREAS, it is the intent of the City and Developer to use the services of First State Bank of Denton as an escrow agent; now, therefore, The parties hereto agree as follows: 1. All parties agree that the said sum of $5,000.00 will be held on account with First State Bank of Denton and that withdrawals will be made only for the payment for completion of a valve box at sewer lift station at Wimbleton Village Subdivision, and that First State Bank of Denton agrees to hold said sum for this purpose until all said improvements are installed and approval and acceptance of said improvements are given by the City of Denton, Texas. 2. Any interest which may accrue on the escrow account may be retained by the Developer provided that all said improve- ments are completed, approved and accepted by the City. 3. Developer agrees to pay any and all escrow fees charged by First State Bank of Denton for handling the said escrow account. 4. The City shall give written notice to Developer and First State Bank of Denton prior to taking exclusive control and possession of said escrow account as provided for by the attached escrow agreement. M • t r IN WITNESS WHEREOF, the parties to this instrument have i hereto set their hands, executed as to the original and two copies, on this the 19th day of December, 1980. CITY OF DENTON, TEXAS CALUSA DEVELOPMENT INC. BY: iO •~~riQ.i FIRST STATE, BANK OF DENTON B; Y AUT ORIZED REPRESEN'ATIVE rh h a a Its N11AHOUI2I hACIFIC IZAILROA]) CO. 602 UNION STATION BUILDING 601 CRAWFORD ST. IOUSTO. , 'I`raAS 77002 TEL. AREA Coot 713 ZII-3151 L. H. MILLER /~{I G. R. LILLY GENERAL MANAGER December 23, 1980 DISTRICT ENGINEER S. E. KERLEE AlSUi 116-2383-1 i. D. HOPE ASSISTANT GENERAL MANAGER MECHANICAL SUPLRINTENDENT R. B. SCHOULTZ O. E. KNOX CENLRAL SUPERINTENDENT ASSISTANT TO GENERAL MANACCR LAND, LEAKS AND CONTRACTS Clty of Denton Municipal Building Denton, Texas 76201 Gentlemens Herewith your original of Pipe Line License dated May 14, 19801 covering crossing of our right of way at Mile Post 209.37, Denton County, Texas, at DentonE Yours very truly, drf Attachment I I~ A o Z H r„ I Ice r I i i • JSW 11.6-2383.1 )rm 20021 10/74 FIFE LINE LICENSE THIS INSTRUMENT, executed in duplicate, May 14 19 80, WITNESSETH: The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and the undersigned Licensee ( a Municipal Corporation (individual, copartnErs or corp. & state where incorporated) to be addressed at Municipal Building, Denton, Texas 76201 , hereby accepts, permission to install, keep, maintain, repair, renew and use for conveying sewage the Licensee's own one certain proposed (number) (proposed or existing) continuous line of cast iron pipe 20 inches in diameter, and appurtenances, AX"XDUXW I herein called Pipe Line, on the Carrier's property, herein called Premises. Pipa Line will be used to convey sewage Pipe Line shall intersect Carrier's existing track , *m at Mile Post 209.37, XAX)DDBWM , (track or righ" of way) Engineer's Chainage Station 11054474, XCODOODOLY.VCDOXXXXXXX , Denton County , Texas atXXXX c)= Denton (county or parish) (state) (place) Approximate location of Pipe Line is indicated by heavy black line on Exhibit A attached hereto as part hereof. 1. Licensee shall at all times keep Pipe Line in goo] stato of repair. All work by Licensee hereunder shall be performed in a safe and workmanlike manner. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time to time required to accomplish whatsoever the Licensee attempts or is bound to do at any time hereunder. Licensee shall adjust Pipe trine to any physical change as made at any time in any of Carrier's property; at all times keeping upper surface of Pipe Line at least five and one-half feet below bottom of iiil thereovEr. Licensee shell cause Pipe Line, before being used for anything inflammable, co corXorm subste.ntially tj Exhibit B attached hereto as part hereof. Said things, including the time and manrer of doing any work, each shall conform to the requirements of Carrier as well as of any State, Federal or Municipal authority. Carrier may acting for Licensee furnish or do, and Licensee shall pay ani bear the cost of, anything which, herein required of Licensee at any time, either shall not be furnished or done within ten days following Carrier'3 written request therefor or shall be undertaken by Carrier at Licensee's request; and Licensee on request shall in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, Licensee shall pay the difference; if more, Carrier shall repay difference. Licensee when returns this license (signed) shall to Carrier Seven pay Seven diundred Fifty dollars for the license granted herein. Any other payment shall be made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, includ- ing wages of foremen, cost of material f.o.b. Carrier's rails plus freight at tariff rates to point of use, plus taxes and usual railroad additives. No provisions of this paragraph, nor approval by Carrier of any of Licensee's urdertakings, shall relieve Licensee of any responsibility or liability. 2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, dr,mages, costs (including attorneys' fees), losses and expenses, in any manner resulting from or arising out of or in connection with the laying, maintenance. renewal, repair, use, existence or removal of Pipe Line, including the breaking of same or any leakage therefrom, and (b) assume all risk of loss or damage to Pipe Line and the contents thereof regardless of how caused and regardless of any negligence on the part of Carrier, or otherwise. -1- E~ti6 Form 20021 10/74 j. Term'hereof shall begin with May 14 , 196o , and continue there- after until concluded (lst) by expiration of thirty days following serving, by Licensee on Carrier, or vice versa, of written notice of intentioi to end term hereof u or (2nd), at Carrier's election without further notice, by expiration of six months without the Pipe Line having been instalind or by Licensee failing (a-1) to cure any default or (a-2) to show statutory right to install Plpe Line within ---------thirty is days following Carrier's written re(f est therefor. Any notice of Carrier shall be deemed x served when posted conspicuously on Pipe Line or when deposited postage prepaid in U. S. '.t mail addressed as aforesaid. Not later than last day of term hereof Licensee sbal.t remove Pipe Line and restore Premises. Any of Pipe Line not so removed shall at Carrier's election without notice be deemed abandoned. Covenants herein shall inure to or. bind each party's heirs, legal representatives, successors and assigns; providfi: no right of Licensee ehall be transferred or assigned, either voluntarily or involuntarily, except by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at any time of the other without affecting, or impairing any right arising from, any sub- i sequent default. i ,y .7, MISSOURI PACIFIC RAILROAD CWANf WITNESSES: - rL By General Manager C.. 4 K - _ As Carrier, first party herein ATTEST i By _ Secretary CITY OF DENT'ON, '1'LXAS (Affix Seal) WITNFSSESt AsAsoLicensee, second par y herein -2- .a A0ki \ \I to ell- \Aa T / ! to r r, ' o r y l l ti 130 c to ` CJ K ICQ \ ~'•=7 l: •'U P I L 4 T-''-Y~--~- , i __'.'.'1 ; C-'-'.~~.,1_~ • , ' i :~1 _ ~ ~ 1 ' ~ . Rif T 4 . F • , . r ~ . T •C "P.•11; X1'7 i)1 ~a"1 I ~ yC ~;r9a~~~=11 }5'^:.'7 ~1•,..~ 'r. Iv ' 4Q. 'T- ~V7 .1, 04z -'~ynene Line-'[Il" e!e, 1~ j Cf,"L'ffi ry ~ r u tip` tm~ 06 .SCW t.F \\(\Q ~ V rt rl - Le) o M1 y d.t~ 11 iv 1 4. 4. -lo Q A v,f lr k ;1.,11 Q a fr,1.1 ^'.G vEXNIBlT q,. a, 9 \ S~ 1 P~ 3 1 MISSOURI PAC' IFIC RAILROAD CW,112 li i i 1 , \ ' \ ITEXFIS MS T PXT 9 1 AEA RIVER CI\4siof4 proposed P;QeL;,~eCross;rt~ 5, a ` C~~Lti fl~ Da~r~oH ? \ OFftCE OF C13TF IC7 Ll: ala:rfi-IiCU3TO 1, i' :t. SCAIE- I \1 O J \b \ 1' DRAFT.AANJSW I DATE V FILE kO. \a l • kAl mmmll~ MISSOURI PACIFIC 1?AiLROA1) CO. 502 UNION STATION BUILDING 501 CRAWFORD ST. I IOUSTON, TEXAS 77002 TEL. AREA COOS 11, 2273151 L. H. MILLER rtQ G. R. LILLY GENERAL MANAGER December 23, 1980 olSrA.CT ENGINEER B. E. KERLEE Ji^ W IIR! 116- J. D. HOPE AS4RANT GENERAL MANAGER 2383-1 MECHANICAL SUIERINTSNOENT R. B. SCHOULT2 O. E. KNOX GENERAL SUPERINTENDENT ASSISTANT TO GENERAL MANAGE" LANG. LEASES ANO CONTRACTS City of Denton Municipal Building Denton, Texas 76201 Gentlemen: Herewith your original of Pipe Line License dated November 21, 1980, covering crossing of our right of way at Track No, 5, Engineer's Chainage Station 13+60.8, Denton County, Texas, at Denton, Yours very truly, drf Attachment i f a 2 h 11 Form 20021 10/74 PIPE LINE LICENSE AA THIS INSTRUMENT, executed in duplicate, November 21 , lY 0 , WITNESSETH: The undersigned Carrier hereby grants, but on solely the herein expressed terms and conditions, and, the undersigned Licensee ( a municipal corporation MinlCl I ~u~ idyidual,cnartner or~4rp. & state where incorporated) to be addressed at Pa ng, o, $ 7 20011 , hereby cepts, permission to install, keep, maintain, repair, renew and t~se for conveying s mitary Sewage the Licensee's own one certain Propose jpuibea (proposed or existing) continuous line of Cast Iron pipe , nC s in diameter, and appurtenances, > . herein call-d Pii Line on the Carr ry iro_ panty, herein called Premises. Pipe Line will be used to transport' siva ' Pie1ig is E3~hall inters* F„' ex track xM at Track No. S ECS4 , (track or right of ws j X~fXXXXXXXXXXX %XXXXXXXky, Denton County . Texas . at ~ Denton pp (county or parish) (tathea black (place) A roximate location of Pipe Line is indicated by vy line on Exhibit A attached hereto as part hereof. 1. Licensee shall at all times keep Pipe Line in good state of repair. All work by Licensee hereunder shall be performed in a safe and workmanlike manner. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time to time required to accomplish whatsoever the Licensee attempts or is bound to do at any time hereunder. Licensee shall adjust Pipe Line to any physical change as made at any time in any of Carrier's property; at all times keeping upper surface of Pipe Line at least five and one-half feet below bottom of rail thereover. Licensee shall cause Pipe Line, before being used for anything inflammable, to conform substantially to Exhibit B attached hereto as part hereof. Said things, including the time and manner of doing any work, each shall conform to tha requirements of Carrier as veil as of any State, Federal or FUnicipal authority. Carrier may acting for Licensee furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required of Licensee st any time, either shall not be furnished or done within ten days following Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request; and Licensee on request shall in advance deposit with Carrier the estimated cost thereof. If deposit be less than actual cost, Licensee shall pay the dif orence; if more, Carrier shall repay difference. Licensee when returning this license (signed) shall pay to Carrier $750.00 dollars for the license granted herein. Any other payment shall be made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, includ- ing Wages of foremen, cost of material f.o.b. Carrier's rails plus freight at tariff rates to point of use, plus taxes and usual railroad additives. No provisions of this paragraph, nor approval by Carrier of any of Licensee's undertakings, shall relieve Licensee of any responsibility or liability. 2. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys' fees), losses and expenses, in any manner resulting from or arising out of or in connection with the laying, maintenance. renewal, repair, use, existence or removal of Pipe Line, including the breaking of same or any leakage therefrom, ani (b) assume all risk of loss or damage to Pipe Line and the contents thereof regardless of how caused and regardless of any negligence on the part of Carrier, or otherwise. 112 Foin 20021 10/74 3. Term'hereof shall begin with November 21 , 1980 , arA continue there- after until concluded (let) by expiration of ---------"thirty days following servil.g, by Licensee on Carrier, or vice versa, of written notice of intention to end term hereof or (2nd), at Carrier's election without further notice, by expiration of -----'-'---"six months without the Pipe Line having been installed or by Licensee failing (a-1) to cure any default or (a-2) to show statutory right to install Pipe Line Within -'u------thirty days following Carrier's written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously on Pipe Line or when deposited postage prepaid in U. S. mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Pipe Line and restore Foemises. Any of Pipe Line not so removed shall at Carrier's election without notice be deemed abandoned. Covenants herein shall inure to or, bind each party's heirs, legal representatives, successors and assigns; provided: no right of Licensee ehall be transferred or assigned, either voluntarily or involuntarily, except by express Agreement acceptable to Carrier. Carrier or Licensee may waive any default at any time of the other without affecting, or impairing any right arising from, any sub- sequent default. WS MI PACIFIC RAILROAO COMPANY WITN SES: v By 15/ Wa. Genera Manager t l AA-Y As Carrier, first party herein ATTEST t BCITY OF OENTON Seore ry . (ASfix seal) WITNESSE9i AV As 1 censee, second party herein 1 2 1iti7 h '7 5 3 I } - S QD Lij iC 9 5 •i 2 a I - c~ ST " ,Ili ♦ / i I i 5 13 2 I I ~ - :S~r~G I i I I G .S''1 `3 ~b 0~~ ~ _L~ 4 1 - Yom, I ICI ~ l• I ` ~ ~ I I H n 1, i 1 II 1' ~--•-'J-^.. Ste, y _ ! P ' y i 1 a I ! i it 10 7 ( 6 3 ICI ? 8 1127 I i 1.1 13 EXHIBIT "All - -7'- - i11IJvt'i i rhJ. i,. 1•1117_W-'.~•t~ L vI:IIlA•ll~~t• `8 12 I1 rRoD t't1o PI OC L! Nt Cobict to ' , I? 112 9' 8 S •t I : ! _ 10.. c t 11 o v be" -T a t4 _ _.__~..__J ~ OfflCd Cr? CSyTi.iCi CY.uti{2^cH-~!JJ::TOT~, fER.15 i DATE S\_ p FILE E0. --r I wo. I~w CHANGE OR EXTRA WORK ORDER PROJECT: Interceptor Sewers - Section One CONTRACT: EPA Grant No. C-48-1188 OWNER: City of Denton, Texas CONTRACTOR: Eagle Ford Construction Company CHANGE ORDER NO. 1 DATE: December 30, 1980 CHANGE OR EXTRA WORK TO BE PERFORMED 1. Trench backfill requirements in Prairie Street, Sectiol: A of this project, shall be revised to conform with the attached drawing. A i;mp sum credit of $13,839.00 shall be deducted from the total Contract amount. 2. The alignment of Audra Lane, Line "C", shall be moved east approx- imately 60' to an existing utility easement. 3. The stubout from Manhole No. 39 at Station 214+72, Section A, shall be changed from 12" size to 18" size. Previous contract o m ount (Grant Eligible) $1,1183735.56 NetpilUo'd'sA(decrease)in contract amount - 13,839.00 Revised contract amount $11104,896.56 Net(Increase)(decreose)in contract time of completion No Change Revised contract time of completion No Change Recommended by Approved by OWNER fREESE AND NICHOLS 1~ 8Y 8 DI0h16u4Ion, Approved by CONTRACTOR I _ owecr I - CoOn cior I F. AN. Oftice fi ` i - I-Ru. Eep. shM r.• FREESE & NICHOLS CONSUMNO ENO1Ne(►S Exi•stinq Z"HM.A• F~v-ment o Q oO •~8 Pit Rvii Grove/ REVnO ve Toj) 2'0(7(7' Replace Wilh Aepholi ACI&r :O Dons > 81ow - Sond ~ijWoter Jefted~ Crashed Rock or ( gyp, WoSred Grovel P`P~ ooo 'Embedment n 0 00 c o00 r - p oO o Ono 1 0 00000 1 ooo o~O 0oo o U e DETAIL PA V 'NG REPLACE. MENT (SECTION A ) DENTON INTERCEPTORS AROJECT C-48-1188 0. 0. No. 1 12 • 30 • 80 wv ~ _TEMPORARY BENCH MARK TOP Cc EXISTING MANHOLE 11 FT. oOUTH OF MANHOLE No.39 ELEV. = 631.65 ' a" GAS I 6"r,AS it II N F_ II ID q S NEErOETaiI OP IQ" ' ERCC A' rNECr10v- ;I src4v. oanrr - I S 82° 15 S 5 ~KI H I II 6" S S BOSSING STORE.} DRAIN I '1+77 tO STA 2R F57 2r3,bal~} 5TA 12 IE£T 0! 9 FOR OETAILSI EN 2C1F4 FMAIN Er+G I'~ --s ASPHALT PAYING ,-J 673 OS w Ii vI ti ' --1f-- ~ --1-r -LLIi- 6i v c I ' NOTE: Refer To Plan cor,NECrIoN ` 4 _ Sheet 10 of 22 67! IO 6 _2 80 PROVIDE 18" VC SrUBOUT 8 CAP Y~IH ! _INTEiRC9NN;.CLQN DNT-78187 F,R~M MANHpLk tt Ag DENTON INTERCEPTOR (SHOWING INVERT ELEVATIONS) PROJECT C-48-1188 Field Order No. 1 e w a T i i f 01 F ti CHANGE OR EXTRA WORK ORDER , PROJECT: Wastewater Treatment Plant Expansion CONTRACT: C-48-1188-03 OWNER: City of Denton, Texas CONTRACTOR: Gracon Construction Company CHANGE ORDER NO. 3 DATE: December 31, 1980 CHANGE OR EXTRA WORK TO BE PLRFORMED 1. Sample pumps shall be changed to standard progressive cavity units, without crown gear joints. (Pump supplier, Moyno, does not make pumps of this low capacity with gear joints, and this credit represents the extra cost if pur- chased from a competitive manufacturer.) DEDUCT $1,731.00 2. Change laboratory drain piping from Duriron to GSR Fuseal PVC acid waste piping. (Duriron delivery time was not compatible with desired construction schedule-- this credit represents difference in material costs of Duriron and GSR Fuseal.) DEDUCT $1,600.00 3. Place 2" thickness of grout over floor of flotation thickener using thickener mechanism as guide. (Recommended by equipment manufacturer to permit closer alignment of sludge sweeping mechanism with concrete floor of basin.) ADD $2,000.00 4. Revise alignment of Final Clarifier No. 1 scum piping as recommended by manufacturer of equipment. (Will result in more efficient removal of scum from the basin.) ADD $2,000.00 5. Pumps for Thickened Sludge Pump Station shall be changed from recessed impeller type to progressive cavity type, per attached drawings. (Recessed impeller pump manufacturer advised this type pump is no longer recommended for aerated sludge service and recommended progressive cavity pumps be substituted.) ADD $10,800.00 6. Add 12" D.I. gravity drain line, with 12" plug valve in each line, from each compartment of Chlorine Contact Basin, with lines discharging into 4r-0" Standard Manhole, and with 12" PVC drain line from Manhole east to existing State School Outfall. (City requested gravity drain system in lieu or draining by pumping bc-cause of frequent need to clean the basin.) ADD $18,000.00 7. Delete flow meters from Final Clarifier effluent lines. (Basin weirs can be used for flow equalization.) DEDUCT $18,000.00 8. Remove existing 6-inch gas line at existing digester. (Line had been replaced and was thought to have been removed, but was found to be still in place when new construction started. Must be removed to permit completion of this contract.) ADD $ 2.25 Previous contract amount $7,6236551.00 Net(increoss)(aI&VdMin contracl amount 13,719.00 Revised contract amount $7,637,210.00 Not(increase)(decrease)in contract lime of completion No Change Revised contract lime of completion No Change Recommended by Approved by OWW O FREVE AND NICHOLS r By By ' DE,1 r i button t Approved by CONTRACTOR I - Omer 1-- Cenfrealor I - F.AN.Olfa By 1- Re,. Eng. - 17 S. 9, v c~ (,I C3 N -4 N O m I' m n w ! h m 0 + -4 A D prQ fro lT f~ \ IG 1 - / 1'ICI I r - _ - 4449.4 5 _ 24 CL!rJC FGLfPL_~ - ~ I - 1.69 24*'c 1 ~ l ~ r\ l ai r~ b ~ ~ 1 a• } ra - - - 3 A-- _t _ 3! 94A0_S t 0 cV c .10 Q ~1 ('r • 24" f.~ I 0) 1 O ~ _ s(~, -I N W ,~/J rn~J m r I t ~ Rl rNi vP`~ O • O ro •n~ 't. -i ZI C Fl vEIER NIX ~ 1~PIfi f) y A { f I; . A 'oxz ~ 3061.40$ SFE SWET SL '4 he. (PROP)Gy NA J As Z I C I } - vlon I n I~ v~ o D DQ, m •,~yvi i. -P tn.Z N~ £ ~c0 to f1IROP) G"rf, O.Ew I , ' s .aaa~l.oaaa~w,P•'~.r .~w~r~anrora~s~~~uMZC.~u a.t •~w•r r 4 i)ILUTIC7 ION WATEk (PRG?{ v r .Q F 2128.65 5 •)A D p \ 4,~ Ate .T TO~~ Ya2 r f0I r: EEK 1)!' I I :-It in ^I cle kt- >t & NICHOLS COWUIIING ENGINEERS Yov Sludge Pump (Moyno /F0651 - Type COQ wi 1 ~ y Shp TEFC•X r 900rpm Molo,r). -1 A411 s 1.3 6 #C. V. ' GwkU. 7 1 i Omil Gaiv. P/ales nd r - W6 Xle Supoorl Be. ms. t I ill 1 w Pour G n Thick Coo'— Slab I 4 • / M 0,0 1. n Yv~$4@!2°% (EW) ~rra L3off S l6e for Lrevcl race (2uC/.}. Coo of Probesi i ladder- o 43- I 1 I I I I Conc. Pad /l fc°R V. w/Yaive Box a~C.l. ~5° end. (TyPica/) Z,1,2I v t 611C/. a'Pdend GuC.I, Discharge " to Digesters _PLAN- SLUDGE PUMP' STATION AT FLOTATION T141CKENER S C a 1 0: 318 1= l' O CHANGE ORDER ,VO, 3 JUL Y 28, 1980 DTN 78168 SHEET NO. l oP 2 I KL of & Nlk_11Uib CO'IiUtTING ENOINIERS 4"73" 42Q+ kFib T.E/cc iric Healer- rglass Coven ~.r -~7- ose12"% (EW) f ¢ Elev.5G6,5 _S ECTION 6 c .7 c: 316.1 -di P( .01 IL/- 0- 3to# rFiberg/ass Coven Seeune to Slab MCI Sfain/css Y CI Bolts @21011S I I lir - 471- 1 .a ns O i _ ~4+E,vp, Jf Ma/crial lTyp,) SECTION ELEC7pICAL: Add 2•412 /o the 6-y/2 Il2Gnd. 4.140 //Jfc serving fhc Thickened' Sludge Pumps. Connect /he additional 2 ~/2 to Ligh/ing Panc/ circuit LH•2.5-in the blower Building /o servc the pump enclosure heaters: //)S/O// Z•r12, W!C, !'rom the junclion box at fhc 715ickcned Sludge 1Ojmp Sfalion to each of/he Iwo (2) healers. Pump wiring shall remain as shown on the Plans. CHANGE ORDER N0. 3 OrAl- '78188 SNEET N 9 NO, 8 o 2 r ti n a ~ g ~ ~`~yn y ~ N ti Q W QU b ce m 6c r 198rJ ' ee py, p i 4 1 te,I I THE STATE OF TEXAS) r t ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) s •N ry. yY ''p' THAT THIS AGREEMENT is made this (lay of 1960 by and between the City of Denton, a Municipal Corporation of the County of :'enton and the State of TexaE, hereinafter referred to as "City", and the Town of Corinth, a Municipal Corporation of the a County of Denton and the State of Texas, hereinafter referred to as "Corinth". s WITNESSETH: ; r, ,F WHEREAS, Corinth has installed a water line from the City of Denton's existing line 4,600 feet to Corinth city limits on the west side of I-35E service road; and ai WHEREAS, in order to serve Corinth with water services Corinth was required to pay the cost of 4,600' of line in the city limits of Denton and has extended such water main as described above pursuant to the provisions in effect. on the date of this Agreement of Section 25-74 through Section 25-79 of the Code of Ordinances of the City of Denton, Texas, as heretofore amended and, P 7 WHEREAS, the town of 'brinth desires to receive reimbursement for such coat under the provisions of said Section 25-75 through g 25.79 of the Code of Ordinances of the City of Denton, Texast NOW, THEREFOR2, in consideration of the premises and the mutual covenants and agreements hereinafter provided, the parties hereto agree as follows: ill o. , 9 ~ That for and in consideration of the construction of such ` water main extension for the benefit of Corinth and the City, the -ity agrees to reimburse Corinth up to their cost of such main extension the sum of $26,810.99 under the provist'ons in effect on the date of this Agreement of Section 25-75 and 25-76 of the Code of f ordinances oC the City of Denton, Texas, as heretofore amended with the following limitation: :,Ny A. After the expiration of ten (10) years from the date of the completion of the water main extension, which was October 15, 1973, no further reimbursement shall be made to Corinth. r 8. The reimbursement shall not apply to main extensions constructed by the City of Denton or under its directions from any main construction under the terms of this Agreement. L C. Reimbursement payments shall be made to Corinth or their assigns if written, and to no other person(s). D. The reimbursement aforesaid shall be payable only from funds received by the City pursuant to said Code of Ordinances. r ~C E. There shall be a maximum of ten (10) years as the period of eligibility wherein the original installer of the main may request reimbursement of pro-rata payments under this Agreement." The period of eligibility shall begin as the date of final y inspection and acceptance at the extension by the City. F. All fees and tapping charges incurred under the provisions of Section 25-76 shall be paid direcEly to the City and the CiLy shall transfer amounts due to Corinth within thirty (30) days of receipt. 'FM. At-` i ~d..YY F { F !i~'„ sL' ~'SIF ~,y~'y5 /hw.Tl iy I I • t r That for and in consideration of the Agreements to be performed by the City as aforesaid, Corinth hereby transfers to the City all of its rights, title and interest in and to the main extension descrf.bed above, and any and all easements and right of y r;< way agreements secured by them for the purpose of locating said main a extensions. , WITNeSSETH the hands of the Parties hereto on the day and year first above written. 4 TOWN OF CORINTH ' BY r ATTEST: r k n J " 7 CITY OF DENTON, TEXAS BY -Z( ATTESTt CITY SECRETARY C),TY OF DENTON, TEXAS y i Rig ~`IJI ~wiF~~`,~~, 1 e 4yy~~ A- I cG.