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Home My WebLink About11-1981 0rnbe S .d - • t Nov 61981 DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P. O. BOX 17300 + FORT WORTH, TEXAS 76102 REPLY TO ATTENTION OF, SWFRE-M 4 November 1981 Mr. R. c. Nelson Director of Utilities City of Denton Municipal Building Denton, TX 76201 Dear Mr. Nelson: We are in receipt of your October 14, 1981 letter wherein you returned the proposed easement and license on 7.67 acres, Lewisville Lake, Texas. Inclosed for your retention are signed copies of the instruments covering Tracts F-554, F-555, F-556, F-544 and F-561. Sincerely, ila~~001 2 Incl MICHAEL B. COTTRELL As stated Chief, Real Estate Division DEED RECORDS 678 DEPARTMENT OF' THE ARMY VQl1. ~ me • EASEMENT FOR RIGHT OF WAY DACW63-2-81-0724 SEWER (PIPELINE), LIFT STATION, AND APPUFTMNANT FACILITIES ON . LFWISVIJLE L1KF, DF.I3TON. COUNTYA TEXAS 3;069 THE SECIIF.TARY OF THE ARAM under and by virtue of the authority vested in him by Title 10, United States Code, Section 2669, hereby grants to THE CITY OF DFiNTON, TEXAS hereinafter designated ns the grantee, for a period not exceeding fifty ( 50 ) yearlkedole hemr an casement fora right of uny for the construction, operation, maintenance, and repair of (1) a sewer ?ipelir.e; (2) a lift station and appurtenant facilities, here.1nafter referred to as "said line" over, aeross, in, and upon land under the control of the Secretary of the Army at the location shown in red on Exhibit `B` attached hereto and made apart hereof, and described as fellam a shown on the land description, txhibito "A" and ",!-1" attached hereto and made a part hereof. *beginning on 19 June 1981, THIS EASEMENT is granted Meet to the follo"ng eonditions; ~n raxee. Compensation shall be made payable to the A IL W to 1 he V, Rate fe . t tN,U O~r ~ PREVIOUS,EOMONSNAY St USEC (LM 400S. I.I Jn) ♦ 1 11 l 2. The installation and/or opsralion and ;maintenance of said line shall be accomplished without cost or expense to the United States under the general supervision and subject to the approval of the officer having immediate jurisdiction over the property, hereinafter designated as "said officer", and in such manner as not (P en4anger. pcrsonnet or property of the United States on the said United States land or obstftcl travel on any road thereon. The gran `ce shall have the right of ingress and egress for such purposes. s. The use and occupation of said land incident to the exercise of the privileges hereby granted shall be subject to ouch rules and regulations as the said officer may from time to time prescribe, A. The grantee ehc!.' supervise the said line and cause it to be inspected at reasonable intervals, and shall immediately repair any leaks found therein as a result of such inspection, or when requested by said officer to repair any defects. Upon completion of the installation of said line and the making of any repairs thereto, the premises shall be restored immediately by the grantee, at the grantee's own expense, to the same condition as that in which they existed prior to the commencement of ouch work, to the satisfaction of the said officer. 5. Any property of the United States damaged or destroyed by the grantee incident to the use and occupation of the said premises, shall be promptly repaired or replaced by the grantee to the satisfaction of the said officer or in lieu of such repair or replacement the grantee shall, if so required by the said officer, pay to the United Stales money in an amount sufficient to compensate for the loss sustained by the United States by reason of damages to or destruction of Government property. 6. The United States reserves to itself the right to construct, use, and maintain across, over, and/or under the right of way hereby granted, electric trarwmission, telephone, telegmph, water, gas, gasoline, oil and sewer lines, and other facilities, in such manner as not to create any unreasonable interference with the use of the right of way herein granted. 7. The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the use and occupation of the said premises, nor for damages to the property of the grantee, or for injuries to the person of the grantee (if an individual), nor for damages to the property or infuries to the person of the grantee's officers, agents, servants, or employees, or others who may be on said premises at their invita• tion or the invitation of any one of them, arising from or incident to government activities, and the grantee shall hold the United States harmless from any and all such claims. 8. The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the construction, maintenance, au.i use of said line. 9. That the grantee shall furnish through said line such service as may be required from time to time for government purposes on acid land, provided that payment for sur~ service will be made by the United States at rates which shall be mutually .greeable but which shall never exceed the most favorable rates granted by the grantee for similar service. 10. In the event all or any portion of said land occupied by said line shall be nuded by the United States, or in the event the existence of said line shall be considered d~t}~~r governmental activities, the grantee shall, from time to time, upon notice so to do, and as o en as so notifed, remove said line and related facilities to such other location or locations on said land as may be designated by said officer, and, i+i the event said line shall not be removed or relocated within ninety (90) days after any aforesaid notice, the United states may cause the same to be done at the expense of the grantee. t 1 S V64111 L VOL pp,dr~F 11. This casement may be terminated by the Secretary of the Army upon g adbfUMO notice to the grantee if the Secretary of the Army shall cetermine that the right of way hereby granted interferes with the use or disposal of said land or any part thereof by the United States, or it may be terminated by the Secretary of the Army for failure, neglect, or refusal by the grantee fully and promptly to oompdy with any and all of the conditions of this grant, or for nonuse,.6r for abandonment. for a period of to7n years, 1£. Upon the expiration or termination of this grant, the grantee shall, without expense to the United States, and within such time as the Secretary of the Army may indicate, remove the said tine from said land and restore the premises hereby authorized to be used and occupied to a condition satisfactory to the raid officer. In the event the grantee shall fail, neglect, or refuse to remove the said line and so restore the premises, the United Slates shall have the option either to take over the said line as the property of the United States; wil,wut ccm-,! nation therefor, or to remove the said line and ptr/orrn the restoration work as aforesaid at the expense of the grantee, and in no event shall the grantee have any claim for damages against the United States or its officers or agents, on account of the taking over of said line or on account of its removal. 13. The conditions of this instrument shall extend to and be binding upon and shall inure to the benefit of the heirs, representatives, successors, and assigns of the grantee. 11e. That it is understood that this instrument is effective only insofar as the rigAisof the United Stales in the said property are concerned, and that the grantee shalt detain such per- mission, as may be necessary on account of any other existing rights. Prior to execution of this easement, the granting clause aad Conditions 1, 110 and 13 were deleted and/or modified and Cenditlens 1.5, 16, 17, l^, 19, 20, 21, 22 and 23 ware added. This easement is not subject to Title 10, United States Code, Section 2662. IN WITNESS WHEREOF I have hereunto set my hand this day of ~Zdl GcCszr.`t-!~ 19 MICILkEL B. COTTRELL Chief, Real Estate Division 9 eeo 86 s. ss$ 15. The installation and/or operation and maintenance ac c of said line shall he omplished in accordance with applicable Federal, state and local laws and regulations, Including, but not limited to, approval by the Texas Department of 110altli RL'NOU[CU.S. 16. All items having apparent historical or archaeological interest which are discovered in the course of any activitfes of the grantee shall be carefully preserved. The grantee shall leave anv archaeological tit;d undisturbed and hall report the find lnunediately to the Area Engineer in charge of the project. 17. That no trees larger than six incites will be destroyed or injured during construction or maintenance of the sewer line and lift station. Trees, shrubs, and other vegetation shall be preserved where possible and disturbed areas shall be resrorcd, rovegctatcd, ;in-l maintained so as to prevent Incitement of erosion. 18. That all areas disturbed during construction will be graded to match exlSt Iny, contours and will be revegetated as per recommenedat ions of the Reservoir Manager. All backfill shall be compacted to natural density. 19. That any property line fences or cross fences damaged during construction will be repaired to the satisfaction of the Reservoir Manager. 20. That all brush, rock, and other debris resulting from construction actlvitie.s will be removed from Cov:rnment prop,rLy or disposed ui fr. an area approved by the Reservoir Manager. 21. that the proposed pipeline creek crossing at station 363+80 shall be concrete encased extending a minimum of 10 feet beyond both sides of the crossing. 22. That future utilities other than the proposed sewer facilities authorized in this consent will be considered separately. 23. That the grantee shall not discriminate against any person or persons because of race, color, sex, age, religion, or National origin In the conduct of its operations hereunder. The grantee furnishes ns part of the contract an Assuran e (Exhibit "C") that it will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 241) and the Department of Defense Directive (5500,11) Issued pursuant thereto and published in fart 300 of Title 32, Code of Federal Regulations. 3n VO[1111 dxGE 0 VOL1111 MLE 682 STATE OF TF;Xt1S X COUNTY OF TARRANT X bEFORE ME, a Notary Public in and for the State of Texas, County of Tarrant, person,illy appeared MICI{AF?I, B, COTTRELL, to me known to be the identical person and officer whose name is subscribed to the fore- going instrument and acknowledged to me that he executed the said instrument for the purpose therein expressed and in the apacity therein stated ac^ as the act and deed of the United States of A!narica, GIVEN UNDER MY HAND AND S"AL this ~'4i. day of fY/ 1481. • i G-C / ~i NOTARY PUBLIC IN AND FOR ' COUNTY OF TARRANT STATE OF TEXAS My"Conn~isSion Expires, /t~~',~;2 ~ ~~~~~r~11/`j~~ If 4 f ' 1 The above instrULTIl'nt, t2gether with all the conditions thereof, is hereby accepted this ~ day of (iCi 4~L 1981. CITY OF DENTON, TX / HY. ~ 11. jai 4AST C E R T I F I C A T I\ _ certify that I am the of the city named as grantee herein; than who signed this instrument on behalf of the grar.ee was the,. 4-A of the city; that said instrument was .:i:y signed for and in behalf o: said city by authority of its governing body and is within the scope o` its legal corporate powers. - SEAL »..tii \ r V ti'01~111 ME W 5 • vo~1111 i'A~E 684 LEWISVILLE DAM AND GARZA-LITTLE ELM LAKE DENTON COUNTY, TEXAS P-1 PROPOSED PERPETUAL SEWER LINE EASEMENT TO CITY OF DENTON, TEXAS, FROM U.S.A. A tract of land situated in the County of Denton, State of Texas, being part of the John S. Dickson Survey (A-342), the Alexander E. Cannon Survey (A-232), the John Rogers Survey (A-1085), the Matthew Rogers Survey (A-1019), and the John Rogers Survey (A-1084), and being a strip of land 20 feet in width, 10 feet on each side of the following described center line: FROM Government marker No, F-554-4 for a re-entrant corner for a tract of land designated as Tract No. F-554 for Lewisville Dam and Ga-za-Little Elm Lake, along a northeasterly boundary line for said Tract No. F-554, north 17030'53" west, 151.30 feet to a point for the easte. ;iuost ccrrer for a proposzd easement for the City of Denton, Texas, Sewage Lift Station fre~ai U.S.A.; THENCE aiong the boundary line for said easement as follows: s'juth 72°29'07" west, 200 feet to a point for the southernmost corner for said sewage lift easement; THENCE north 17°30'53" west, 140.63 feet to the point of beginning, said point of beginning being the intersection of this boundary line with the center line for a proposed sewer line easement to City of Denton, Texas, from U.S.A., said point of beginning being located south 17°30'53" east, 69.37 feet from the the westernmost corner for said lift station; THENCE along said center line as follows: south 83°58'07" west, 640.02 feet to a point; THENCE south 89°30'17" west, 1349.60 feet to a point; THENCE north 49°28'43" west, 3400,00 feet to a point; THENCE north 38°24'43" west, 432.50 feet to a point; THENCE south 85°43'17" west, 221.30 feet to a point; THENCE south 75°33'17" west, 204.40 feet to a point; THENCE south 89°12'17" west, 774.60 feet to a point; THENCE south 65°03'17" west, 176.00 feet to a point; THENCE: north 66°59'23" west, 679.80 feet to a point; THENCE north 62°43'33" west,-454.60 feet to a point;, THENCE north 29°32'43" west, 17.60 feet to a point for the end of this center line, said point being located in a northeasterly boundary line For a tract of land designated as Tract No. c-544 ft '~•is~~'le *•-An~ r~~•:-+.ittle Elm Lake, south 63°08' east, 240 feet: Hire of 'From Governme,it marker No. F-544-3, said strip of land contain;ng 3 83 ccres, r,tre, o- leas. EXHIBIT "A" LEWISVILLE DAM AND GARZA-LITTLE ELM LAKE DENTON COUNTY, TEXAS P 2 PROPOSED PERPETUAL EASEMENT FOR SEWAGE LIFT STATION TO THE CITY OF DENTON, TEXAS, FROM U.S.A. A tract of lard situated in the County of Denton, State of Texas, being part of the Alexander E. Cannon Survey (A-232) and the John S. Dickson Survey (A-341), and being more particularly described as follows: FROM Government marker No. F-554-4 for a re-entrant corner for a tract of land designated as Tract No. F-554 for Lewisville Dam and Garza-Little Elm Lake, along a northeasterly boundary line for said Tract No. F-554, north 17°30'53" west, 151.30 feet to the point of beginning, said point of beginning being the easternmost corner for a proposed perpetual easement forthe City of Denton, Texas, Sewage Lift Station; THENCE alogn the boundary line forsaid proposed easement as follows: south 72°29'07" west, 200 feet to a point for the southernmost corner for this; THENCE north 17°30'53" west, 20C feet to a point for the westernmost corner for this; THENCE north 72°29'07" east, 200 feet to a point for the northernmost corner for this; THENCE along said northeasterly boundary line, south 11030153" east, 200 feet, more or less, to the point of beginning, containing 0,918 acre, more or less. VOt 111 PAGE 688 EXHIBIT "A-1" 'A fS / 1 L FA.♦c'. ..Ar.r .,..11 TRACT Rf615 TEA .I N r 1' 1 •r+~n,.". r w.. V.. LAND Cr KF A[4$~AI{M~ylyl illldwv c-- I ~M.~ J J w N R 0 Y•L•A 9 •I ~R Y IIDR [•R7 '.r .."vM'-♦v, r..~.... l... rr i~ rJAI kr _ Ol •i N' 1 Ti-R •ui .nom- ~f•1 r i{ Lei - v +~t lU ..a.nw,..., l.. rr .r.w.w,l '1k~}I+l1F} 11.. o~ ;S~IwT+Tt ryy['~.re~r~.IM Ot• f u RI Y l r f U N r t Y " +!RI vpr~` r' VROL.1T 1 _ie :Tr'B.T.i'r. w r li l♦, .a 1"1 _ •.101. ~ r.' ,'JY r.w 'IY r.l iv~y~ - li W r_eaY. ' 1 :.1', . r ' Yl ~R~7II_'` Ore a. ulvn v;N- c5 p r Y!'ttll[N AOItRI 11 ; 1 N Rf p 4 1 R b JO"4 5 01f • S L C ILLY r~ r y,W RU ~h'~i,r. Or,~_a riu Miy I r 1 0 N 1 r R I I~IJ1{,~ O l = .a ~I ~=I~. ' \ I II 111 , 0'f ^•I.I6l..I.i.III♦l1Zi `fiZii~lb'~fQi'd S U^ v l r J ~ ' 1' 111J` w, •',.y.l r 1 i t r I .rn A ?1\~n. t u 11 e [ r t u R . l r rrr' •wf lii Purl Ira If nu n." u.•L.wG rww 1 1 1 ar-a .Mrr lr4 rrl J LIIr~. l' IQ/t I rD! S, r' ` r: I • 1 !q F I[GI VinIIM i.rns.r~," r-T' 1I'.~~~0 ~f x 1 l y, ..~,VIr f R 1 . R A. Dt, 1fIT t I ~=k • . . ~')y[` Y 1lrfY tl JAS IIn C ir LR r r r tCCtLLV11Y7711 11q 7 D!R 'CjN ul~ r y` V r~.4 .IDLr I I . I / /l ♦ 1J .'r~. -`'!L[liN 1 t.I c P ^ tV!Y~1.` I I • ' J A YOCN IYRY [t r RFYA N[Y ~4, ',yI 1_ LKOI[tt RUL1r A•I. 1! • t D 4 t r R R I :I t v S y I r O d O R ~r\ 1• ` r f 7 r r M, G r f r . R,, 0 'f vAV'[r 1 R a♦ ~ ~ 1t~ , E.~ ~ ~~:mrn~w°ILr w"J"VA4V xY JrJ-LRJ Z,yY11 r *sTy.l [SStgp' ..rvi".wrr•^I/Vpur wr..l.mw•rr •LRrM 7. ~Irr V.'J ~ %?'t.. 1~ ~r . \ ^ai1a~W '~'14Yr...rNnlII.r A'E]E .-J\ r •~I ` l'fL6 vv•wr I ~ _ ~ r11Uf MY / ~~r, l/fl, ^ ' q•. /.:A Ir a , wn IY wr I wn•. hr u .1 1>MKY A •St [ ~~.r r' : .Vl p✓1 , ! 1 M Y _TRACT I _ REGISTER ,1 uoN RACT LAND OrNtR !CN[ADL - - 1 Y _ 10. ND. RFMAgxS ,I / L SYGUppF~gyp PART YI - lli4 : 1"• / /i u' '-'_-f-. I Ir fl 111 NA,PV - fYRYtT A t L LT'~i_'--- - J A-0214 1 ae,.r Rr* [iS } ,1_ ii _ ~r~~+amnr l[nIH3 Tfl CLIRSt. A000[ !1, fY1R VFV no ' ♦o;I ..1f• ti _ sr_ _ JOHN L0.KM4A ;vt or A Iu + • . III 1 _ fuAVlr - V x /ls[R A 4S a J t RYIT. t 'y E PURVEY ~[iTiIM / \\I t CA__ YM1 i61A tlrxtn,o iA--` \ R 1 JIYl1 _ In I A-P4. Y 1 / I I Y. rYYO IYr ' •1 ~Fi II -rM AILLr,[i a _ - Oli R.iA~aVI.!>L'~`l•IY~ __r . T. M1R00 • , r I / if !l I l4 Artlw ll RFFfi AD OIINvtv OUR ~Vlv r.AVw nl AIMLAYU I ~ ~ I 11100 L / ON R CO 11 Itr ~B?grIi71A7t . iuw"vtr J ' ` ©A. r. l1/v AM, I r / w fY1Y V •rr ~w--ru~.TFS77lf71Y Jr 1f IYAV [r I f N r r A- Y1 I Lx. Nlil•[LL,ttw _ ICN y HG110N A70! JYRYC/. r , . luaV Rtr• M a N Rli~ .I..~. mY•r .li _ I , r r Ir1 "l/NI Rf0l7ER l'HIf 41 A-111t in Itivr*1151- RR~ R0 AN .i .ar REMARKS Fit iIi 1-i7 m,.air wi ♦+r♦n• w... I •r rviTn a' ~ ~!wR1~ ♦~YrI~ T ~ I _ - .m . 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LLa1 O1 4 VERMIN BURBIL0 IN smom fl~<~'~~11 rU_ f ' . t 7~t fYR4 /UNVL1 I 11fwili .r y7-ir i V R V t r\ R• - J t 4 a`AACJ ML A• I I O I Y mill TI• M calfri UK 11 r ISQQL~ 1DI 4 AantR ArgAM1DX b autcn fcctay[ A TTRACT 1 R UA pirty 1 r k; . . , 1 1 + d rlln 1 bw"•r91All ,N .',wL IwL11l ` r ~.r1•rr ln_.>•nwc U REGISTER 1 NRa. nt JLA'vci 1 _ 01-is I r 1 -t L,[AI oYRtR lrt ro rrr REMARXS - l S aURrlr~, flAlrtr AtrllY[/ Mn _ _ r. tTii 1 ~ RXO2N RO/IR! ~ I AL NI. lVRrrr11/ r 1[ [01 ~ A- 63111.1 A• i PN t♦fMYMN,I - TE~ LIEWISll X11 .IM AUYN R1%n[~ N YI ILA y OFTlt[ OF tAt ft" ft," 1~5, 1, lr INa w.fEdal gtAl j; 1 1, rd _ - ONT OL1111Nb1rNr lNDIe1N LIfNA"A tlJ Rr 90VTCIM4! A eAa X'umy Vlr-~ 116414441 ; m R Raet'yw/tYRlMun .-':eatcmY,.N a n~n e~, GARZA-LIT TIED Nl ~QR 1. 11 111Ct10Rt Rt R rQRI~A IGN SE ally'' 'A Ell 11 - IW 1y N~ « y U bf TED s11 ..ro 1 Rlria a•A F Aooll , FhC£ 687 N ` TRACT REGISTER _ • / r TRACT NEGISTER r OwKA _ - nrc. 1•u1AL LAND C1r NER T[ A[IAAIr$ _ T ( D , R(YMNS ~~,..?:9i__ R ♦ 4,111 M.b.iCY Aty _ s q I, / ! . I a w I l [ se ..r w r r r M r~ r 31 ! 1 uT.a3L4, T ss! NroL~ a, r an sa a.v a • r OWA"p R YITA l [I 'r wr 1' r R F'y-_ reN n a~ r!1I1[W.l h O!! r-'.]+w wyrar ; i~,r r_r'. r • - rEro i-Jr'•u+w nr,.. IY~ lnlw ( I.. rM~' µ r.+rwY-4 , A}{{`L •?•i._ urw is • , sw COMit Of NTOY •Y LL r 1 r _ _ 1 0 _L.if. _ - II .ir.A ly r't • l1 a - -1 - c r r+ n • r. w. - _ ~LOw S0U11MlRSf[MI. i 0 r R A".1 L P 4 FORT 1 L 11.u Oro t. ar'l• n'w T - r c r nw a r Y r. r! , `A r ~'~tl. Aw' ARRr AKA nl .arh7 rr'Ya - 2i• {1~{t~Ryyy'~i,,rq~~ v,w,. + v nwp•RR 11 rY - e I ~YY!'Ndrtr~f[ „ 3-i-Y2Ai+~{- olr •sw~ rrn_ w~!} r«Lirrtr AI -lDGT10~MIC0~Ci- II Nan NIV or OCLtA1 _ r fl .]v N rTi ' L 'ES ~ Ti°w'~e`JTe ~ s a I r/I l~J I r 9 Y rr ti• 1 rL r a r i 1•_ < 151 AVM✓m Tli c-3 -.ou->ur._°' /TI / i h~ u r rs«s t+ SI rl[r NC or 10•f r0llirl aw rs - IN a ~t rc 7 r i Ir n,nrs« ti y a u E 1 1 w, r r Y f s C R R CO. ~ - }•^FgrJ ~ ~ J. `tf~r -RIIE[Of7tTIDr 110.1Rt-~ ~ ' suRV r l 1 C 1 J r tV 'rt !ii A_voAaf AI -N -f ,Y fI-' - i ! I ,yy f Us S10L WIN RO b 1JLL2! AANtR V ''S"S' T' rL0[I.u •aADR 10.7t I VC Y •P1 _-5-.~_-_- ~1' AiauN[S NoF[ I~ r ra IF Cu3r.aLS rATta INIIf TOILL AQIt1 A00VM[D Y ACII FEE tJ. k lS~~-"FriC v"_ LCi~::7:°Ari:.sr..' ,rt ACRES MAIID J r`C , r 1 l. A=.' '1r A Y S S l r N I wCC / NCR61iA3[0 Y Js AL•iA L[SYt AII[11[fT! rV • SURVEY r S Y R V •M• e0 -1ti10W SYCAMD.of BEND PARK / ~ I r~ s n TOTAL KAU oerowa OF KMtOID 11 ASKS nANL1 a 4t Q t /i 1/ f.A ' i j~ no ~ 1 ° 1 ~ pr r 9 ~1 L, r ~ ✓JN Wt/YRIIANAn 1a G0Vr AGCI,_ _ r COOR tIi SYRYCV V 1 Vw KALA IiMUflArwltl[a A. T R .r j r yp r rY LUtfreA. I ,r lo`'. III Low [[ra row HLDa'NJiNG[L^Pla ` wit JONR Ur. OlA [.'S (sas; ♦ _ . L l Aunro J I RVIr jt % r IU•vtr 1 90 ~1 t1~~ r fI Irm[ YN At~OI• n ry [1.t0 IRw Yr, I r / / / ~ larL rlrl YIYK r rA11 r110 Ir Ar6 r r ~j/ I~ L I AM ORO r+o AE; r 1 1 ~ A•rn~ra Lit iJ''r ' •1JM' ~•.~j 1 ~ / ['YD`t)' \i'/ •navAnaus,.. 1(R00 D•s , - MCA'DAY CAff41T.1I' AARAI'NfA PIC 1 n f 1 I U R V t AllCrr[i,OA' 1,14E ¢wa rrsn r i.--"- / . ~~c'°. rf.r.r I DAw~frRUr~"INIf"L rY N'ttoo r,uAR to ' 1 . r I M DAM 141111..~ A 1' r _ ; sss s i 1 A. P. LLOV \ 1 !rN[R IV•Yl[r AUR VCr Jr I fr © V r p1[11VOr WIT T.. Vai RUN ' /UAVC7 r,LwRVOr Ytpw~Lr n,«.. I A , I / 1 d' w T7 T III, COIIrOIIA Ur./ ` • I Au RV By r lJ IRUrL -+Ir A • I S00 Y AY[ IF r y ,'L/NLA Al'IWfIOR WLIIAIrtA _ A! ~rRt tN[RL•a~ '~r7CAKl r•KrIR!IICI 4107/ NR~. nl , rrrlrr r♦ 104 MARKS 1601 SA[V 1 SAT! -7 7 { t ~I PPANTNW dM l s r A 111 III [LARr mrat or90uT.KST~EW7t~0ilnSa[Ylrt[A S LAVIV waww LEASIALA REAL ESTATE `~.Ir.-____ A•I48 •AnnA.A1I.A Y`- Rl i URA •I \ ' OA7AOLUMt tllrATlOft III rR0/[Of t/ LEWISAI DAM - ■r,brn. tMAdx/ IMUnbUVq , _ - r rwsnw•~nYmw,.+ n. rwrllr ~,u.. GARTA--LnTLE ELM LAKE YNr OM wNA A sIr. ~•~"•u . r•urw wI ~~v~l-7t~r-ro~tc IoN «olAytt Y N L , CAME [ t1[aliw;oLiul4oitsN K n , 42z=--__ cif oo ar7 ae a nAwcRA. •rrrw.w• a wl. nlr wR nAY: e,r T•^4 -.x!•31 B- 1Lr1! rrL LAID' N c Ev41 I ~ r~~F 687 • ASSURANCE. OF COMPLIANCE WITH THE DEPARTMENT OF ~ yo~1111 WAGE 688 DEFENSE DIRECTIVE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1464 CITY OF DENTON, TEXAS (hereinafter called "Applicant- (Name of Applicant-Recipient) Recipient") HEREBY AGREES 'T'HAT it will comply with title VI of the Civil Rignts Act of 1964 (P•L• 88-352) and all requirements impried by or pursuant tj the Directive of the Department of Defense (32 CFR Part 300, issued as Department of Defense Directive 5500.11, 28 December 1464) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Directive, no person in the United States shall, on the 3r}u-J o~ race color, or national origin. be excluded from participation in, ':e denied they benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives Federal financial assistance from the Department of the Army and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement, If any real property or structure thereon is provide' or improved with the aid of Federal financial assistance extended to the Applicant-Recipient by the Department of the Army, assurance shall obligate th-2 Applicant-Recipient, or in the case of any transfer of such property, any tranE`.eree, for the period during which the real property or structure is vse2 for a purpose for which the Federal financial assistance is extended or .or another purpose invoi_ving the provision of similar services or benefite T. any personal property is so provided, this assurance shall obligate •:ae Applicant- Recipient for the period during which It retains ownership or possession of the property. In all other cases, this assurance sha'; obligate the Applicant-Recipient for the period during which the Fede:cl Financial assist- ance is extended to it by the Department of the Army, PHIS ASSURANCE is given in consideration of and for t"re Fuzpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal Financial assistance extended after the date hereof to the Applicant- Recipient by the Department, including installment payments after such date on account of arrangements ,for Federal financial rs3; tanca whica sra approved before such date, Thee Applicent-Recipient recognizes and agrees that such Federal financial assistance will Se extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, trans- ferees, and assignees, and the person or persons whose eignatures appear below are authorized to sign this assurance on behalf of the Applicant-Recipient. Dated CITY OF DENTON, TEXAS Y (A cecipien Municipal Bldg. b -Denton, TX 76201"~ (Mailing Address) - ei le) EXHIBIT "C" DEPARTMENT OF THE ARMY LICENSE i1ACH63-3-81-0725 IJNISVILL'~ LAY1. 1-W.5 TIIE SECRETARY OF THE ARbfY hereby grants to TTT. CTTY nr rFWT0'3, Tv a, license, for a period of one (1) yens commencing on 19 June 1981 ani' r.-adin on 1R ,Tuns 1482 but revocable at the will o, the Secretary of the Army, to usu and Ocruny ? certain strir, of Land approxioatolf 60 feat wide and 3m)roximately 7710.3 feet long for construction aurpoe3a in,aJaim to tort irletellatioz of s PBS er pipeline and related facilities, as shown in red on Exhibit nhrs attached hereto and made a part hereof, and described as-fsHexmrt sat focch oa land deseriptioa, Exhiblt "A" attached hereto and made a part hereof. THIS LICENSE is granted subject to the following conditions; f. That the exercise of the privileges hereby granted shatl he uithuut cost or rxprnse to the United States, under the general suprrrision and .subject to the approral of the officer having fmmrdrnle )urisdrrtion over the property, hereinafter referred to as 'said ofJirer," and subject also to such regulations as may be prescribed by him from time to lirAe. 3. That any property of the United lahs darna,prd or dratroyrd by the beensrr incident to the rlerrtse of the privileges herein granted shall be promptly rrpiorrd ar rrptnerd by the lrrrn.re to lhr sahi,;tarrion of the said o icer, or in lieu of such repair or replarrment the hrrnsrr shah, if so rrtvrrrd by 11, said oAre r lay to the United States money in an amount sulh'rrenl to romprn.-atr for the lna ruslarnrd by the l'nrte,t States by reason of damage to ordestruction of t;orrrnmrat property. 4. That the United Stater shall nest too rrspon.W)le for darrrayes to property or injuries to persons rrhrrh may arise iron or be incident to thr elrrrrsr of the prirrlrgrs herein grantrd, or for dnmaves to the leroprrl y of the licensee, or for injuries to the per: on of the licenser, or far damnges to the property or rn)urrrs to the person of the liernsee's off+rrr.N, ngenl.e, se rrnnl.. or emldoyres or ethrrs a ho may hr on sail prrnu+rs at their incitation or the incitation of arty one of Arm. nrrsrny from gnrrrnmental artmrhrs on the nerd psrmrses, and the licensee shall hold the United States her nrless from any aid at; sueh clolras. ING roRn1 : yc~1i11 808 !ER 40j.1 TALE 689 1 otc 4t 1601 va~111 PACE 690 s, That, on or before t0 ' date at expiration of this license or its relinquishment by the licensee, the licensee shall vacate the said Government premises, remove all properly of the licensee therefrom, and restore the premises to a condition satisfactory to the said officer, damage beyond the confrol of the licensee and due to fair wear and fear excepted. If,, however, this license is revoked, the licensee shalt vacate the premises, remove said property therefrom, and restore the premises as aforesaid within such time as the Secretary of the Army may designate. In either event, if the licensee shall f+it or neglect to remove said property and so restore the premises, then, at the option of the Secretary of th- Army, -zid r•orerty shall either become the properly of the United States rcithout compensation therefor, or the Secretary of the Army may cause the property to be removed and the premises to be so restored at the expense of the licensee, and no claim for damages against the United States or its officers or agents shalt be created by or made on account of such removal and restoration work. 6. That the licensee shalt pay the cost, as determined by the said officer, of producing and/or supplying any utilities and other services furnished by the Government or through Government-owned facilities for the use of the licensee, including the licensee'a proportionate share of the cost of operation and maintenance of the Government-owned facilities by which sack utilities ov services are produced or supplied. The Govern- ment shall be under no obligation to furnish utitifies or services. Payment shall be made in the manner prescribed by the said officer upon bills rendered monthly. 7. That the United States shall not be responsible for damages to prop. rly or injuries to persons which may arise from or be incident to the construction, maintenance, and use of the facilities constructed by the licensee on the said premises. 8. That this license may be terminated by the licensee at any time by giving to the Secretary of the Army, through the said officer, at least ten (10) days' notice in writing; provided that, in case of such terminalion, no refund by the United States of any rental theretofore paid shall be made. 9. That it is to be understood that this license is effective only insofar as the rights of the United States in the property involved are concerned, and that the licensee shall obtain such permission as may be necessary on account of any other existing rights. 10. That th~-i tenl,)or3r, licanse for construction work area in in tddition to and aupplc--*nts a ac-;er -.t-ir.linki eaeao.;rnt concurrentlf oin rrcat-?d to the grant.:: for a snVnT pipeline leing installed 'oithln the abovu dC3Cri1>dd atrip of land, Upon completion of the constrrecticn if We line, 911 rivlrtr. vrPnter witi-1% 6.t,a licence shall cease and all cp,=tiou jud mainteaence end repair shall he confined to the 20.0 foot !ride right- cf-vay easement. 11. The inatalla:ion and/or operation end maintensnce of the Mn* shall be accomplished in' such manner as not to endanger personnel or property of the United States on the land of tha U:iitsd States or obstruct travel on any road thereon, 12. The licensee shall supervise the said line and cause it to be iaapectui at reasonable interval:., and al.all Ll,sud:dtoly ruoair r.ny defect tborain as A reault of such inspection, or when requested by said officer to repair any defects. Upon completion of the installation of said linu and the "king of any repairs theroto, the premises eliall be rostorod ita3ediately by the licensee, at the licensee's own expanso, to the sa..ate condition as that in which they existed prior to the comaenceaent of such work, to the satisfaction of the said officer. 13, The United States reserves the right tn construct, use and rsintntt across, over and/or upon the right-of-way hereby granted, electric transmission, iolephone, telegraph, water, gas, gasoline, oil and sewer linerp and other facilities. in such manner as not to create any unreuonable interference with the use of the rill,"It-of-vny granted, s 14, That no trees larger than six inches calip-:r will 4a destroyed or injured during construction or maintenance of the sewer line and lift station. 15. That all arena disturbed during construction will be graded to match existing contours and will be revegetated as per recoTmcneatiene, )i the Fla .ivoir M3rncrs1, It. That an; property link, or crone f ucea daa,sged .iuri.,la construction. Will be repaired to the satisfaction of the Reservoir Manager. 17. T'hr.t all brtv~% rock ^ni c! :er dnbri3 resulting from construction activities will La xcmovcd fro., 0~v rraaGnt pro,lorty or lls~urrd cf in an v.re.a alprovad tl t1a, kesarvoir llsna;sr. 18. That all construction will be accomplished by the City of Denton or their contractor at no cost to the Government. 19. That the tat" and conditions of Easement DACW53-2-bl-0724 are incorporated as a part hereof except for the ending date. Frior to execution of this licei%se, the grnntl.ng clAvse, cerdition 1 was deleted and Conditions 10 through 1S werc added. This License is not subject to Title 10, United States Code, Section 8662, IN WITNESS WHEREOF, Iyhave hereunto set my hand by authoaity of the Secretary of the Array this day of 19 Chief, Real Lstate iAviviou The above ins~~t//rumeni, together with all the conditions thereof, is hereby accepted this 9 rX, day of Gc (~J 19 ee CITY OP DENTON/ TX r ~ VOL 1111 eAU 691 3 •U ► 6.,r.MU1wMUM O•wa W$-1111414461 0". u► 4 I LEWISVILLE DAM AND GARZA-LITTLE ELM LAKE V04111 PACE 692 DENTON COUNTY, TEXAS PROPOSED TE14PORARY CONSTRUCTION EASEMENT FOR SEWER LINE TO CITY OF DENTON, TEXAS, FROM U.S.A. A tract of land situated in the County of Denton, State of Texas, being part of the John S. Dickson Survey (A-342), the Alexander E. Cannon Survey (A-232), the John Rogers Survey (A-1085), the Matthew Rogers Survey (A-1079), and the John Rogers Survey (A-1084), and being a strip of land 60 feet in width, 30 feet on each side of the following described center line: FROM Government marker No. F-554-4 for a re-entrant corner for a tract of land designated as Tract No. F-554 for Lewisville Dam and Garza-Little Elm Lake, along a northeasterly boundary line for said Tract No. F-55~, north 17°30'53" west, 151.30 feet to a point for tll.e easternmost corner for a proposed easement for the City o` Denton, 'texas, Sewage Lift Station from U.S.A.; THENCE along the boundary line for said easement as'follows: south 72°29'07" west, 200 feet to a point for the southernmost corrar for said sewage lift easement; THENCE north 17°30'53" west, 140.63 feet to the point of beginning, said point of beginning being the intersection of this boundary line with the center line for a proposed sewer line easement to City of Denton, Texas, from U.S.A., said point of beginning being located south 17°30'53" east, 59.37 feet from the westernmost corner for said lift station; THENCE along said center line as follows: south 83°58'07" west, 640.02 feet to a point; THENCE south 89°30'11" west, 1349.60 feet to a point; THENCE north 49°28'43" west, 3400.00 feet to a point; THENCE north 38°24'43'' west, 432.50 feet to a point; THENCE south 85°43'17" west, 221.30 feet to a point; THENCE south 75°33'17" west, 204.40 •reet to a point; THENCE south 89°12'17" west, 774.50 feet to a point; THENCE south 65°03'17" west, 176.00 feet to a point; THENCE north 66°59'23" west, 679.80 feet to a point; THENCE north 62°43'33" west, 454.60 feet to a point; THENCE north 29°32'43" west, 17.60 feet to a point for the end of this center line, said point being located in a northeasterly boundary line for a tract of land designated as Tract No. F-544 for Lewisville Dam and Garza-Little Elm Lake, south 63°21' east, 240 feet, more or less, from Government marker No. F-544-3, said strip of land containing 11.50 acres, more or less, SAVE AND EXCEPT from the above described trao`, that portion lying 10 feet on each side of said center line which is proposed perpetual easement to City of Denton, Texas, from U.S.A. containing 3.83 acres, more or less, leaving a net area of 7.6'•1 acres, more or less, herein described. EXHIBIT A r ~ ~ , err e 2 Im•, i { . T- TRACT ( R , ' F ~ REGISTER w , , [r revr a ~WO.:r rwr LAND OWNER KWIOcj--1 Lr, A. N R 7 a. I~ }wr~[a17 r F- i [ R f r 1 v Rao [Rf f.rw Ar.•wa ~~I+ I- A e r%I Wt.[RTwirlY- 13_-raia.-.wi,.vr tlw ,NLA e e n .rw I.r ..a, wl.n.. •wq Ri rO A I• U.L a at v'Tir J AD C e...u r... ,ir Aw[NPLnr 5T z YrnJ,'w 1~ R, d. t Y a S e 11 r[ r ! U R V[ x .V'w, i I + uN; l, ,may ILA Mari r , .1 a-IDIA :-Ej Iit I+a.Rw.F U,t~n _ - ow r ? ,~r ,,11 r,l r rgl_,>.ria r, t yl ~ Q - r 'AY-.-' ...A•IIOI I,»Y rv.p Fr [n 1*ry odi I[rm r~M r'' 0 "T \ ~ rt t f_ __.T__ ~ •wr+a u[.rr we. v ~It mal 4E. AAA. r l i` Ley _ _ I41TY YAP rr I.J • N,0 ea if Ai it n.+.- F nrued-w~- tutlu, Y A f i N L W ROGER ! 11 y~FI CIAtY rlYYea'[yNC a 7 Lr Y N ,r;~• K Mll~iw~ ' A 0 4 E R ! JO NN 4. D1CR SON :AlR[R C ill rw ai4 W [r Fr{.-Nam - - p n r e t A!.u a Kv 1. !4_ _ At w..a __Ix [ rr~'I Aw PA 'f UAV[r P: ~(J1 IVRVET Su AY Er r.l ewwn. rtua~~i_w ♦a I 'e[0 Wr1RGc NLIN Ya 1ruF Ara nw •w; Iv, [wri~rrsen Aw r @ Ir o[11ram ua1 _ affil ru., c A..w moa.u 1`~ AIOte 11 0 3~•, ■•J 4 1 a R 'l) fJOVEY R R r I A-1{! , I A 1 4UNY V iI 1 1y 1+ A a 144P[A c NtIR 4TL OWN IRAN !R- J A MOGN ~1A 1~ r e • ~f eIM ON r!A 1 e 9 VOU[T - 1 - +af r I' I A 11 [ O I E•• v R: A I r O HE i T `J a A. r[ f A .I e, r Y. 1 0 & ► A R co . S ! u R V+A Y A-1 0 a, o umviv isY~RVtr ♦M, ~n,•r L ,w,`-„~~.,'0•:,,..*II•.....'::'Q.s' L'~ IA r fN ~._,yL ■ s t I , • _ . 7I t, r _ ~,t_-2 W 1 (f ►•tIt aim lao .w arr.rrc ~r w,l .w.,aN rv r • n.y.l *•rna. w.r mlr.. ' I SURVEY. ! / en +M1 ar• r ivr / will 4 6 R ION v Ln TRACT PEGISTE.R - 'LAW i1 II ~r N Y SYCAMAV MO ACW t MAO v MAE am 11 14J . ~ 1 4 No LAND DWN[R ay, 91 W, REMARK! J 1 TtADU[ ,I ~'W _ !!r ~ ! ~ i "O NIA 11 IM1L ,r ~ /~AV6, I, = N 0 • - T to ae ialj Lenct.L.. _ a. r..V1[u1010G f'wii aC l R _ ~~1 c [ SEY i !AYEY it T •nui Tit YR _ ; OOT Erg !V o ' iY' 1 _ _ - _ - JON~ LO:RNIRi - nr Y Sr R O7nR~Vl' vi A• MY. lYT7RCl JOARIA. ' ~ f~• { ' . _ i. 0 N ' J A, Dal 4u RVtr ~yiv 'LL.Li 1 = e=t , \ / i 1•MI I a ! rl If1 II Ft ILN 1, IL I /l W I y .c..awow~ wti~vu aorr T-.-T JAYE7 Y Hail ' 1 I OLl f//L'XE.k1'~,R([~RR~ -F{ idli Tu ii[ ItK v- ea el lU/vlE e 4VlT I A eelaFU,1, Ra 10,11 ~ ~YK,FAaaltAin - A A, - ~[O A r I t r ~Jr~ 1. P. LL/E ar e. T " ti 6tRyl,[Ro., I IURVEV lute °_~^'~KI"i.E - ulrlRl~Y.YY•!['ley~~ ♦ A ' • :1 T 1 I d1.N ❑ Arr S~fRt~O_~~~.a.~_.__ ~ ' _ f I __'y IYRY l1 .._w LFi1G.F tJ `tV 'i Tfl li ^ A YA A IY! r it R. Yluw it IRATCN 4[[7101 A T01 v l f' 1 1 , `,'a NtR If ~ e r ' w IA1V of LtY RRKK +Rr+w ti+.r Rr t.w atw.. _ a' ~/n t77~r TRACT REGISTER isE I I Ali -k IO IV,tr ZFIEf _ - lU/1 v. r NR~ _ Zro - • llAO OWRII t. rll Nor, REMARKS Y .n {YRE E FIX [TTL Who All Dti 0 Al l 11 111 R,{raOR,OR tl RL Yd l -I 1. 1{ H A. fIRJ1 <w m tea - y Toff rP 1uir7at- JEFV It aTn ri' 1 ~ _ leq _ -{_.il-✓R [MINA 1 . sod PLAN mmf ,1, If 'AI tf•K~L ------`~1\f -fir ` t YREt► Laf t - 0IL MrR/ tLtVATIONS tell E101[[I TARJ4 4M ••~:•.A L_i A 7 -'IWSYLJt'1i'SR'1 ~fl2sS- f E!!r'1 ii Tlf- N e1Ulhr INA,I e.1 IMAnare I r r 1 1947/ 1 - - - - - i_ br YIII M rN _ I t W _ ' F-!ti r i' N .rte r al'i AV 1UOROll Cl[t{ A, I It 4 IV r~ t J~Lner a, N T Wily - Ia.INeN an 1I ' f 0L t ' rRact 4 nn IN 'R. ~ Y.., ~r"a 1AS LOND CFHCA REGISTER • A ♦r~..Y ...v,rn i en[iGlr.Gii~tl'y _ a!. ri3 M~ 1 w Y.,.1 'W n'w•e w a r7 ,nY 7f., 1 - TRACT •,.wr, ..r.awYr...l. o. c..•r i rev rYta r-iKeY Itf-a;- irJ A26'v~ _ _ _ _ _ - Yi:nr r ~ ri3i- Fr, RM a - RCIYrA3 IYt flXry. L.Ar04 NCR Eoe yr«rr It I MYr- ra 1 D L a♦,Y n. •.1 p,• y„ M .YC eM/M l l~I~L IYYrr--,ccrr Yr Mis,aM. nZ+a_,i Ye. 2' Yo-- -o n. w, YYe r,..r• 'H+4"K A.I-xt nl ,fry _ Y ; - - _ AR ilN 3 CC r nw w 17 ~ cr Y,ul MiiiVr rra or ~ fl A xCMI l e nM.ti~ y ~ Irk _ +~wrw+:. w„e.r.n, fl, rr.. `rt-. 'Y' r.ISM Jr - DiJ r .rsr; - ^'r' it ♦ 1+A - OlM1tl QR e.n r. w.YV rev r i e. M J• G• ` -}L = D n. urrr ra al _ - C OtNT ! + Ma r. _ u.n`ru ate,,,, 3..1 raw "_A w - 'r e• rAF i-rr MI]LL•!+4 ;,p 9 r. r..-~r~`~r 'RM r w, M!.. Ir e A raw ~w -r a Ym MM_ _ LrYeiION IWTIM[IRJM r•r e rq DrAne 'TYU . J. m/ ~ _ OIeTRItT rpRt ►VRfN.: _ ~Y>YV eRiS iw?i efut _ utr ~~1r~~-~ T ee Y - e ~_`.7IN Aa : I a• ARYr AKA '.Yl YL^ A..'IR e.! is } Mr fRn r.~ 1 j •+y Y< a fn1111 tt6 jr v. _r • M}.-, rl[M•l all ••t 0MN _rvet Yt uiu'oam,r r, ti -r «.n Y~wM t „r." _._-_'ay1 -leCjt10K~1(0YL1 DICKSON Je7RP CAAeE9 rDM YM IW"a 7Ff{•le ~y ~1~~ a I(~~♦y T L ANY I • 1 i Y Y 1}4 t r 4 D„,r I~lLla Y[.' lII p w" It r S u R Y r _ 's r r J ry C tt rut HIM Of DALLAS IVRV [v ' L Yt r11 kCl v l'MM La 1 Crya 0l, r•'t w r. s wvr.~;l T.7 .t8a df;:iSd / i 1 !i RL[t r( OF FOIT WORT• A- It 9A 1 IT 0 F fROlOrMLIH SJRVEI'.. R L L ( < R R CO. f A'alA N i --RA161011AT10~ [AdllMi r ~ r I ' cIVEtt Icy sti , u R v 't r \Y f k ` 1" I R+Lto,n . N N r ..Y iA1 vtA c 1AA[R Ir) LCD I . E• f t r ♦ a{ rC nw +a soot ROADS MOIL . I, t[ t27 'fCtAANDt -R, - 'ckN n ndRU tOAOR NO. T r V R we M xcMrr, MD1D R of ~ ~I ._s,C r • A I NDYC "man IIN 1. \ ' !r\ ,ny V . ' M C r a , R a C c0 sc. i 1%~ (!(!1 • A a{ ~..'i 1 J._~ \-1._i •-lCpMOrp~- %er FOR TLGOG CZ011101. l MAIL it c + ~ CRVIr ^ ~../"'---'~~~;k r' ! ` iNtcT .DIK AOKtACW1Mm ~MJ r31_, RCKATRA 14 J, r-- \ ~ = J F l ACRD IRAN! 0 d A• Ea' i LIN iNtC Li.neNe ..ebr a l ~ \ ~4 • +I S see 1.If. ACRD [tA1[p ~C I VIA ^ 4 • . S' MKt LL1eD JfrElOT1 n+ 4 FM N GIBSON 1(,1y~ T~ - 1 U R V / AV A 4" c/ -SrCAAp*j'&i OPARA J. { 11, Gut av..... n ! / „a :1 / 1 rorwAaDavamar fURrtT A J 'O rR• A[Irf lake _ i.. 14 ~ _.t{Y Y He ( r ACRIS rRAM/e Y~ CL C Ae tr' P ON E•i SV RV[r AIM att<j K1R.U1!!to (WT AOCV.. JOHN LO: RNAAT r ' ( 1 r//, V n♦ tr ~peAr AC'JD ltA!! 1tAArNtm ~l r I AAI R JOHN W ACRD mm rf l la l r r . t A \ / / I A. r r A 10 /fiu ,vevtr 11 J A'!0 V I 1011 rtT ~r/. T~ a f fI J , f \ j / Agee a .Oft. ma, Arw! bCq Mil so ame s + All DMO ' wk,4A VAyaI TlaYtwn ArH Rv L] /sue r II Iran JAMES M NCRJO_ CR! l~ ` `I• ll~ V./ K7<Mutm UNIX ar.._ j CuA f J N,CRORr tFCfK At ARRgryafA AIRA uAwly "MV "M Lod CvgM'-E-_6 OUR ~VEY C# 1 . 1 rr Nc(oo r{RRA [O of 1. T~. r]\ i'~"' RMtMn"I ~1 fhM - R:1 0411 "Ital I'd Il - - - A. 3(D 3 trNUl (uRLLn / EEF• ' suR'vty _ , `•T)~i~l , V R Y °afORl RD _ SUPV[T am- p` I - - 1 •~/S• U R V L T A ~ • T • r ti c OWM+R `_.{I T 1 T lJ IRUML A- nelr T~ Yn oRlwt lwU- ea1CN,LCTIatAtol A ISaD RIuAV1• R lance 6AtNT'D'` J t „ 1 Y. RE Lr .'A, at z ` - - \ tr+cRlci a.cT RIRnt1- iu___. t: nA ,✓.REGISTEA--_------•.-~ - ~1J L. I{,l ~ A®11 e RI ' LAND REMARKS r- lRrvtr ` + 11 (uRrlr/l ~ , rrrer aan - r~ a 5T' Y t ■Rll 1 1 R~F'R7•FlrFr111R (,jZ A ! r..... A.Ult T-•-...~~ I ...~YAVra.aeV~ ANDOA l41 [A, Ii ' * VY r F tTI atwu;A , AWN M V~-.. \ I40L t yl..t _ ~A. ~ 1e aT Trfi ZFr _ a • 10 e 1 [ 13 N A Y. C LA - V 0" OF TK ~OIrI M A Or,~ 1 tKJoul l -tN AIYIII Dbtl , L1VI al /~T _ T[ SOUTTIMES Aq IX fWAR DIVI" ? ' otrMolure a[wl} R PLl'" { 1 or, rel r4oJtt7 tui 1 uR A'241 nKrnua.tt,[( ! wAnrAddl MA .I- !~I ~[~,~o~r OteelrAM. LNrN tN RMrrrIRY7 ~ + I la xeneMa r•YrR... r,a °M"°n.a~-. /~yp~L~EWTI~RS}VR.LE1OIAA1)~~/Rr 'a A err -~,r rI1T *M_ r11 /MrR - 1 1• M '6A4Y .q er' VMrr~T.^Lll LE KPI`AI(E er MKNDII~ Gi(RII fiiow AU-(Z~}IdJOM~NT Y.. n w" eniamvnn Yr 3 _ _Ti MEN r 1-T•1. YI(y lrr r rrr.. _ :`J..l. - . !'i ~ V ~ I ED ""r.+~.'~.e+tttfllla~ll~; a.r AIMM Mq L 1, ~ r REGISTER N SAND-rN TRACT `TR N M t a _ { Lwt L~iiii aT. o / tt1.D CwLIF.~X.IGC Nt4crYa . M.IM .L ♦R4 L!r . r - I \1 WY V~ [r4 M~{~ If • W nlll fT~ - N i - r° r r Y •1 r, V f[ ~r w {anrnL isti. Nak ' I 'T'!'~'~ _ ! ~u 1I tes'Y .r ~ • iteR Ifua IYYLnu IrSC nuay4 f,., frv-„p~f P~ _ f f r ~Vr• YTV{,iL i•TL a .Nr r \ - r •p(d`1~`rrs _ E'f ! I - ~ Imo. T. Ly. 'ly ~ COUNn C[N 011 O Y A (r u a _ • Y • y r a (ry/- r r i.w 'W" r Wl{TLL lr µ 0 fl • • '.34~, Y l . f Y Y r n ,Y _ _ pY RON IOUMY[!t[AY c _ •A,i Tr4 F A ~•EiTL `[rV CE I " N N~ Y IY •°N yLr I dSiNKi IONT MUR11f r Sk n•Li 3 - O I ,n wL~ iii {w {IIYI NII[{ M Y MINE LI `Tµ p 1 w Vi NIr YY _ I "1 _ r uvv'. I nY1 Y Nwrt+•rf r r~ r ra oN. LTfut mNr e ! pt~, I -1047!01) W f00M - LY , MWJ 1 13~- - r n.Y Y LV. f ~ 1 / I r-{' ,f• !R Yl Nr or OAL03. nnr vwlY.' i. I v • -It Mfg ME CRY FONT 00*TN w.W '''777Q - 1. I 1 • C R R H ~ ~ x ' L -IIJMYWlI110M FA411t10- ' f {u~; rY4Y -V sv R\ r r 4-N-r LIAYAN i ♦ U 1,rt rcxN ~ EurL NORM N6'!I IXLlJ A Y E T Y[dPAL MADAM YO rL lef!• _ - Yl,rtr• rx, C ,sl _KOVSROM- ~L K> rO, RCW CCNtNOL • RATE& COW. NIL, -lSVLi n -rl L^ Cc"- '1 U II11 V Y r A( N[!1[L KR[f tAAMw 0 V r-- .ylr C ' ? N t 4 t A-fl! lia LINT4FC Vt1 iL'.I•,Liillili~"•,• ROPER ILAME) r pr rr~ KRILl,OI E/ClL3tl r4 fuRVFT 4 ! U N V Sc NT 'll SYCAAI0.4f' BEND PARR- , / r I, rOrti Ac.u wroYb or . a N ! 0 Tr~r OMr ACRES IOLA T AO rr Y« % v r 'tNL ACRES now 0 N Lr L Lil Y LiL . ,3 [rr .,.t .;-Any. Lc+a LEn.NlrO To oor,. aocT_ _ AG )0~ lY SUalvtr i F - i ~ Y ~ ' '!_°}I rY...1 anlcl LLw TLN1eLATm _ r ,oriNie; ! A EuT\f KeclUlm ma NEPAL r 1 r, ! , ,,r % ,'1 iL" 'S\ , A. . AQte r0 - - - IVANEY A V % I ~ / r r IIME ~PrOUb A1tM ti! t,~. ` 1. \ J~yy,,/ ll Nue .Rl Nfrr•WNNrr lr look, I~ AN Yl ONO A -W 1 N of t T ' QUM %s I I ~uo ' erroO l r ( ' ~ M c g s MiCA-ORY CRCFK At ARRAMY1f/ PARR `OP1A+1a LaIE u 1 sJSVtr`,\ J~ I/. Y[lOYltlpl lFl rrw ort... /\p f y' ,1.. t!. ' urNl ^ J I, IrIL wTON LIIr •'NARf"~ Will H i m 00 tL•RRN CC V'~ n Al Y! 11 Yn~ r Fas ..=~I CAM "R r,L.r w-..-- r e. ,11 - • SLOW 1 a F/MU WLNL[T I1 IVRVLr J )f a-- J^~ SNOW L' ' t.. / NLLUYO•ttL r.w w. G• - F LLL SUNNILY / I] YESCR." 111, rLSI -Iumr IT t 1, I.UIfL N lie'r A:-M, AM w cOMNI Lwf! _ r. " "Ej, 1 A-1300 Y~ SEGMENT V I..r YAVET' 1,r ~ ,13NtR , ,LNWroN UUYWr► ~ A.IIH ' A-14 71 Aa ± NRILN~t ICANG • 1491 tNAL1EA r 1KMF ~ l 1 NI.RIES ,L... y, fLwvlr ~'CC! Lam. I JRYIr ,I I' rrraY e,rt { _ w Us min RxeoA RoI:R11 Igor uI A wr _ _ - Iurrlr _L~ - 1•l0f y sL11NA T. eLA'0V on [(E/rIE T4 P31~RCt FwRgs l r la a, SourAr•tS T~ aVISgN I'LRYIT - twvrw r LIAAAr 11[ALSITAR OIITAOILL1Nf ILEJR11Ml IOR ROOM, TANt11f LIN - ■ IT A•rA• nL. 14A E r .1 - LioL LEWiSVILIE DAM ir4l.lT,r Ix,1rRod R.Y,.,rr.l ,.l cwcEew ALL e . r rw n, Y•V. A, ,r. GARZA-LITTLE ELM LAKE hY YIN ,Nb . r 1 !L n ,.r .w Y r 4e I Mr w xIE4019 MCAT - q r3 era i aT} WZ lQd~ Arlo itOMEN T Re .T Ir _ racm~ra~nrer~. ~r, r^~•rr. - A.rw .L.._._.__ ewrA wiw.`1rmR Nr•rrflNj, i.e --__..-L:u-..." " AUDITED 4--t-t- ASSET 4ryy wry L-2-000 RON OBE -tti-~1~ `C~ r r-~ P ~W J i n yy~~g1 r< ti ~ t T~rrt" r... C4 O ~ y U. c+ o a a fMl'Apmad sM~G `SIN3kf AiNIWO 186! StAON tie 14 ua»y prdwsr s. call,4NO"0 fpom pssosu to p sfsd two M qM M q pn= PW 4np sw pus ow f4 sos»q PWMP 141 pus ysp Nfl Vo P") uM ynswftw 843 m ftm 41sW { Owl `A WVO 0" um MOW PUNA JO AIIYI00 ; iY%31 !C JIM 1 , s j A1GY 6.1931 i' DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORFS OF ENGINEERS P. O. BOX 17300 FORT WORTH. TEXAS 76102 \ yl RFPtY TO ATTENTION Of. SWFRE-'4S 4 November 1981 Mr. R. E. Nelson Director of Utilitlcs City of Denton Municipal Building Denton, TX 76201 Dear Mr. Nelson: We are in receipt of your October 14, 1981 letter wherein you returned the proposed easement and license on 7.67 acres, Lewisville Lake, Texas. Inclosed for your retention are signed copies of the instruments covering Traces F-554, F-555, F-556, F-544 and F-561. Sincerely, 2 Incl MICHAEL B. COTTRELL As stated Chief, Real Estate Division . DEPARTMENT OF THE ARMY EASEMENT FOR RIGHT OF WAY DACW63-2-81-0724 SF14ER (PIPELINE), LIFT STATION, A14D APPURTENANT FACILITIES ON LFWISVILLF L1KI a DtiNTON COIJNTYs TL {AS THE SECRETARY OF THE ARMY, under and by virtue of the anthor*V rested in him by Title 10, United States Code, Section 2669, hereby grants to THE CITY OF [IENTOV, TEXAS hereinafter designated as the grantee, for a period not exceeding fifty ( 50 ) years44'e,+i►44o44, an casrrrtent for a right of ieny for tho construction, operation, maintenance, and repair of (1) a see:rtr pipeline; (2) a lift station and appurtenant facilities, hereinafter referred to as "seid Tina" over, across, in, and upon land under the control of the Secretary of the Army at the location shown in red on Exhibit b attached hereto and made a part hereof, and aescribed as tallow. ahocn on the land description, Wilt ito "A" and "A-1" attached hereto and nade a part hereof. *beginning on 19 Jame 1981, THIS EASEMENT is granted subject to the following conditions; `11pay go Me _ n~htarnot~»t o 1n vcnee. Compens is on! shall be made ) payable to the trl-b+~etto 'wou M~19~ r PMtV100 1Di?10N1MAY 09 4S[o e&$(409-1440) Y. The installation and/or operation and maintenance of said line shall be accomplished without cost or expense to the United States wider the general supervision and subject to the approval of the officer having irnmediaie jurisdiction over the property, hereinafter designated as "said officer", and in such manner as not (@ endanger personnel or property of the United States on the said United States land or obstruct travel on any road thereon. The grantee shall have the right of ingress and egress forsuch purposes. 3. The use and occupation of said land incident to the exercise of the priviteiles hereby granted shall be subject to such rules and regulations as the said officer may from tit+.e to time prescribe. 4. The grantee shall supervise the said line and cause it to be inspected at reasonable intervals, and shall immediately repair any leaks found therein as a result of such inspection, or when requested by said officer to repai* any defects. Upon completion of the installation of said line and the making of any repairs thereto, the premises shall be restored immediately by the grantee, at the grantee's own expense, to the same condition as that in which they existed prior to the commencement of such work, to the satisfaction of the said officer. 5. Any property of the United States damaged or destroyed by the grantee incident to the use and occupation of the said premises, shall be promptly repaired or replaced by the grantee to the satisfaction of the said officer or in lieu of such repair or replacement the grantee shall, if so required by the said officer, pay to the United States money in an amount sufieient to compensate for the loss sustained by the United States by reason of damages to or destruction of Government property. 6. The United States reserves to itself the right to construct, use, and maintain across, over, and/or under the right of way hereby granted, electric transmission, telephone, telegraph, water, gas, gasoline, oil and sewer lines, and other facilities, in such manner as not to create any unreasonable interference with the use of the right of way herein granted. 7. The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the use and occupation of the said premises, nor for damages to the property of the grantee, or for injuries to the person of the grantee (if an individual), nor for damages to the property or injuries to the person of the grantee's oPers, agents, servants, or employees, or others who may be on said premises at their invita- tion or the invitation of any one of them, arising from or incident to government activities, and the grantee shall hold the United Stales harmless from any and all such claims. 8. The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the construction, maintenance, and use of said line. . _ 9. That the grantee shall furnish through said line such service as may be required from time to time for governmental purposes on said land, provided that payment for such service will be made by the United States ;t rates which shall be mutually agreeable but which shall never exceed the most favorable rate; granted by the grantee for similar service. 10. In the event all or any portion of said land occupied by said line shall be needed by the United States, or in the event the existence of said line shall be considered detrimental to governmental activities, the grantee shall, from time to time, upon notice so to do, and as often as so notified, remove said line and related facilities to such other location or locations on said land as may be designated by said officer, and, r•i the event said line shall not be removed or relocated within ninety (90) days after any aforesaid notice, the United States may cause the same to be done at the expense of the grantee. 2 . r 6 r 11. This easement may be terminated by the Secretary of the Army upon a reasonable notice to the grantee if the Secretary of the Army shall determine that the right of way hereby granted interferes with the use or disposal of said land or any part thereof ty the United Slates, or it may be terminated by the Secretary of the Army for failure, neglect, or re,rusal by the grantee fully and promptly to comply with any and all of the conditions of this grant, or for nonuse,,6r for abandonment. for a period of t-n years, 18. Upon the expiration or termination of this grant, the grantee shall, without expense to the United .States, and within such time as the Secretary of the Army may indicate, remove the said line from said land and restore the premises hereby authorized to be used and occupied to a condition satisfactory to the said officer. In the event the grantee shall fail, neglect, or refuse to remove the said line and so restore the p; emdsoa, the United Statesshall have the op!-.7n either to take over Me said hue as the property of the United States, without compensation therefor, or to remove the said line and perform the restoration work as aforesaid at the expense of the grantee, and in no event shall the grantee have any claim for damages against the United States or its officers or agents, on account of the takinr ever of said line or or1 account of its removal. 18. The conditions of this instrument shall extend to and be binding upon and shall inure to the benefit of the hairs, representatives, successors, and assigns of the grantee. 14. That it is understood that this instrument is effective only insofar as the rights of the United States in the said property are concerned; and that the grantee shall obtain such per- mission as may be necessary on account of any other existing rights. Prior to execution of this easement, the era~:!_uc clause and Condition.. 1, 11, and 13 were deleted and/or eaodifie' r:r.i Ccad!ticnn 15, 15, , '.00 20, 21, 22 a1id 21 wara added. ' This easement to not subject to Title 10, United States Code, Section 2668. IN WITNESS WHEREOF I have hereunto set my hand this day of 2tI~'A1:L E. CO'iTi;ELL Chief, Peal Estate Division 8 6r0 /11. 154 ' s 15. The installation and/or operation and maintenance of said line shall he accomplished in accordance with applicable Federal, state and local laws and regulations, including, but not limited to, approval by the Texas Department of Ilenlth Retiources. 16. All items having apparent historical or archaeological interest which are discovered in the course of any activities of the grantee shall be carefully Ilirscrved. The grantee shall leave any archaeological find undisturbed and shall report the find immediately to t'.e Ar a Eli4inaer in charge or the project. 17. That no trees larger than six Inches will be destroyed or injured during construction or maintenance of the sewer line and lift station. Trees, shruh,, and other vegetatlon shall he preserved where possible and disturbed areas shall be restored, revegetated, and maintained so as to prevent incitement of erosion. 18. That all areas disturbed during construction will be graded to match existing contours and will be revegetated as per recommenedat ions of the Reservoir Managtr. All backfill shall be compacted to natural density. 19. That any property line fences or cross fences damaged during construction will be repaired to the satisfaction of the Reservoir Manager. 20. That nil brush, rock, and other debris resulting from construction +ctivitics will be removed from G overnmcnt property or disposed of in an area approved by the Reservoir ?tanager. 11. That the proposed pipeline creek crossing at station 363+80 shall be concrete rncdsed extending a minimum of 10 feet beyond both sides of the crossing. 22. That future utilities other than the proposed sewer facilities authorized in this consent will be considered separately. 13. That the grantee shall not discriminate against any person or persons because of race, color, sex, age, religion, or ti;itional origin in the conduct of its operations hereunder. The grantee furnishes as part of the contract an Assurance (Exhibit "C") that it will com;ily with Title V1 of the Civil Rights Act of 1964 (78 5tat. 241) and the Department of Defense Directive (5500.11) Issudd pursuant thereto and published in Part 300 of Title 3:, Code of Federal ReCUiations.' ' 3.i STATE OF TEXAS X COUNTY OF TARRANT X BEFORE ME, a Notary Public in and for the State of Texas, County of Tarrant, personally appeared MICHAEL B. COTTRELL, to me known to be the identical persork and officer whose name is subscribed to the fore- going instrument and acknowledged to me that he executed the said instrument for the purpose therein expressed and in the capacity therein stated and as the act and deed of the United States of America, GIVEN UNDER MY HAND AND SEAL this day of ,F»~ / 1981. NOTARY PUBLIC IN AND FOR COUNTY OF TARRANT STATE OF TEXAS My Comnission Expires: /Voti2"J.;L I'S'ehaher r 4 The above instrument, tq&ether with all the conditions thereof, is hereby accepted this day of C~~`?`~ 1981, CITY OF DENTONn TX BY. 4 TITLE A ST: .,4 ! e C E R T I F I C A T E I, certify that I am the of the city named as grantee herein; that 21 41 who signed this instrument on behalf of the grar._ee was thee. Y ~iG of the city; that said instrument was _.ily signed for and in behalf of said city by authority of its governing body and is within the scope of its legal corporate powers. SEAL) 5 . LEWISVILLE DAM AND GARZA-LITTLE ELM LAKE DENTON COUNTY, TEXAS P'1 PROPOSED PERPETUAL SEWER LINE EASEMENT TO CITY OF DENTON, TEXAS, FROM U.S.A. A tract of land situated in the County of Denton, State of Texas, being part of the John S. Dickson Survey (A-342), the Alexander E. Cannon Survey (A-232), the John Rogers Survey (A-1085), the Matthew Rogers Survey (A-1079), and the John Rogers Survey (A-1084), and being a strip of land 20 feet in width, 10 feet on each side of the following descrihed center line: FROM Government marker No. F-554-4 for a re-entrant corner for a tract of land designated as Tract No. F-554 for Lewisville Dam and Garza-Little Elm Lake, along a northeasterly boundary line for said Tract No. F-554, north 17°30'53" west, 151.30 feet to a point for the easternmost corner for a proposed easement for the City of Denton, Texas, Sewage Lift Station from U.S.A.; THENCE along the boundary line for said easement as follows: south 72°29'07" west, 200 feet to a point for the southernmost corner for said sewage lift easement; THENCE north 17°30'53" west, 140.63 feet to the point of beginning, said point of beginning being the intersection of this boundary line with the center line for a proposed sewer line easement to City of Denton, Texas, from U.S.A., said point of beginning being located south 17°30'53" east, 59.37 feet from the the westernmost corner for said lift station; THENCE along said center line as follows: south 83°58'01" west, 640.02 feet to a point; THENCE south 89030'77" west, 1349.60 feet to a point; THENCE north 49°28'43" west, 3400.00 feet tc a point; THENCE north 38024'43" west, 432.50 feet to a point; THENCE south 85°43'17" west, 221.30 feet to a point; THENCE south 75033'17" west, 204.40 feet to a point; THENCE south 89012'17" west, 774.50 feet to a point; THENCE south 65003'11" west, 176.00 feet to a point; THENCE north 66059123" west, 679.80 feet to a point; THENCE north 62043'33" west, 454.60 feet to a point; THENCE north 29032'43" west, 17.60 feet to a point for the end of this center line, said point being located in a northeasterly boundary line for a tract of land designated as Tract No. F-544 for Lewisville Dam and Garza-Little Elm Lake, south 630C8' east, 240 feet, more or less, from Government marker No. F-544-3, said strip of land containing 3.83 acres, more or less. EXHIBIT "A" r I 1 / ~ i LEWISVILLE DAM AND GARZA-LITTLE ELM LAKE DENTON COUNTY, TEXAS P-2 PROPOSED PERPETUAL EASEMENT FOR SEWAGE LIFT STATION TO THE CITY OF DENTON, TEXAS, FROM U.S.A. A tract of land situated in the County of Denton, State of Texas, being part of the Alexander E. Cannon Survey (A-232) and the John S. Dickson Survey (A-342), and being more particularly described as follows: FrsJM Government marker Na. F-554-4 for a re-entrant corner for a tract of land designated as Tract No. F-554 for Lewisville Dam and Garza-Little Elm Lake, along a northeasterly boundary line for said Tract No. F-554, north 17030153" west, 151.30 feet to the point of beginning, said point of beginning being the easternmost corner for a proposed perpetual easement forthe City of Denton, Texas, Sewage Lift Station; THENCE alogn the boundary line forsaid proposed easement as follows: south 72°29'07" west, 200 feet to a point for the southernmost corner for this; THENCE north 11°30'53" west, 200 feet to a point for the westernmost corner for this; THENCE north 72029'07" east, 200 feet to a point for the northernmost corner for this; THENCE along said northeasterly boundary line, south 11030'53" east, 200 feet, more or less, to the point of beginning, containing 0.918 acre, more or less. EXHIBIT "A-1" r t r 3~= 1111 •'?Illirl=1lt i•f F' r+l f,Rly 7.-m F.T ~ _ + f i( ell - a t - ~l r,i1 l+i~ 11 t; l~ rl~ f li: #,I i fl'1:; i ~ ',J ~ • Jt i n. 1 i •1 ,If1,3 if +r + ,J r, ~ + • r1•• 1 Ia r ! , 1 • 1 r~r7 r 71~ F; I~. ~ l) i~} i~ L + ` 1 ~I 3'T1 T I' TTT 1Tt77t j~~~l f 1 !I~ ~l c i .~,1 da 1 ^ r ~~"I'r I' r ~ ^~Ir ~ r 1 i~ t If , I:1 }f r CC`1i_ ~ 1~i{ 1r'~ if1.1.44'1~' 1I117.A0i.1t .1,_'q♦'~{ ~F+l,,ky ~l + + "~I 's ~aj 111 ii~ , t• •1~ f r r1` 1~r~t}~' L~~,',' fi ,1 F 1~ {p'it > 4,- 4 ilIi+=4 11". rl {Ij ioIlr L. ~1 _ l l ~ la i.-.~ 1 _ f .il.: i t ~ i P it i • ~ f ~i 'a~ l i , _ _ I f 1 Ii '1 I i1 ~ • 1^'•~f-'1 ~f rrjr~'Iti ~ ~ •i: Er ~ ~,r ` ; Ff it jt• _ .1 II lfT; i § = s ;3 ~ - i'S 1111 11.. -IK ! iii 'I II 3 `1,rd , ~r ~ ~i • :~i~ ~ ` ~ I+fl~.......Yiri • f , i ~ 1 + ¢ .~IJ , ~ r t n ~1 • ,y ~~f~.~ f~~~ 11 ii J,•,';~Llia.SS.+.a.~-1~ 1 • f :y_7{ R -~y ~ ~y9{~3111ii~iF i i ~ i`*/~' S•~ i ' • • is 1."7't dZf]~.Citl ilk •I~~ 1 ! y~ ~ ~j• CID,_ r I a. ~ 4 i_i f ~ili r » j +Ilii9" J j • l - ~ ~~t ~1 ;(L~~• ~Ij 1 '~-»~d ; 7f- i~pkIII} ?~~E I'tt If I ~ jr ~ w! i j L f P I• ,i I`I 11 .I hRL1Y, i,ilf '•e"'";~ • • ~ r'3T, V n f ,11!11.i~7r '~,¢ftii 11 t~' ~'n 1 J ZlI MIrLYI O [ r 1 //1/' 11+Wair, ~ ,f,,, Y-r.7~ r .lI 1' •e,, 7 '•aj' • 4 f.' Q-1 FIN BIN r 1 1 f' 1 lnnirrt IT 01 r~: tla3~ (~p 9BBB9~B BBBB 1 -.,i.iiiiiu~ j~ f I' 1, e ' a 1 ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF DEFENSE DIRECTIVE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 CITY OF DENFUN, TEXAS (hereinafter called "Applicant- (Name of Applicant-Recipient) Recipient") HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964 (P L, 88-35?~ P-ld 311 requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300, issued as Department of Defense Directive 5500.11, 28 December 1964) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Directive, no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives Federal financial assistance from the Department of the Army and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement, If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant-Reciplent by the Department of the Army, assurance shall obligate the Applicant-Recipient, or in the case of any transfer of such property, any trans°eree, for the period during which the real property or structure is vset for a purpose for which the federal financial assistance is extended or lov another purpose involving the provision of similar services or benefite is any personal property is so provided, this assurance shall obligate 6 ha Applicant- Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance sha_. obl:gate the Applicant-Recipient for the period during which the Fede;c: `inancial assist- ance is extended to it by the Department of the Army, THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal Financial assistance extended after the date hereof to the Applicant- Recipient by the Department, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance 'is binding on the Applicant-Recipient, its successors, trans- ferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant-Recipient. Dated_ CITY OF DENTON, TEXAS (A c off? ecipien Municipal Bldz By' _-1 I -Denton. TX 76202 "c (Mailing Address) i le) EXHIBIT "C" • r r . , 1 r DE13ARTMENT OF THE ARMY LICENSE PAC[:r53-3-81-0725 LLWISVILLS LAYB, TEXT+S THE SECRETARY OF THE ARMY hereby grants to VTF CM CF rFWTON, V. a license, /or a period of one (1) year commencing on 19 June 1981 and nndin; on IS June 1132 but revocable at the will of the Secretary of the Army, to uFO and occimy ~ r_ertai.n strip of 1sad appro-elmitcl, E3 f,ant wide and ar+,)rox1nnte1y 7710.3 Eact long for construction purposes incident to cirti iuitP113tion of a eeiaar pipeline and related facilities, as shown in red on Exhibit "B" , attached hereto and made a part hereof, and described w-feilsWrr Sat lotch oa land description, Exhibit "A" attached hereto and made a part Hereof, THIS LICENSE is granted subject to the following conditions; 4. 061"POPM8401% !Ad aW,0U41- P. That the exercise of the privileges hereby granted shall be without cost or expense to the United States, under the general supervision and subject to the approval of the o#iecr having immediate jurisdiction over the property, hereinafter referred to as "said officer," and subject also to such regulations as may be prescribed by him from time to time. 3. That any property of the United States damaged or destroyed by the licensee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the licensee to the satisfaciion of the said officer, or in lieu of such repair or replacement the licensee shall, if so required by the said oJfierr pay to the United States money in an amount su/jcient to compensate for the lows sustained by the United Slates by reason of damage to or destruction of Gorer•nment property, t•. That the United Stales shall not he responsible for damages to propttly or injuries to persons mhirh may arise from or he incident to she exce, ive of the privileges herein granted, or /or damages to the properly of the licensee, or for injuries to the person of the licensee, or for damages to the property or injuries to the person of the licensee's officers, a.grnts, srrranis, or employees or others who may be on said premises at their invitation or the invitation of any one of them, arising from governmental activities on the said premises, and the licensee shall hold the United States harmless from any and all such claims. INO FORM r osa is 808 Fen ros•1•eeor 1 5. That, on or before the date of expiration of this lictnst or its relinquishment by the licensee, the licensee shall vacate the said Government premises, remove all property of the licensee therefrom, and restore the premises to a condition satisfactory to the said officer, damage,: beyond the controt of the licensee and due to fair ivear and tear excepted. If, however, this license is revoked, the licensee shall vacate the premises, remove said property therefrom, and restore the premises as aforesaid within such time as the Secretary of the Army may designate. In either event, if the licensee shall f til or neglect to remove said proarrty and so restore the premises, then, at the option of the Secretary of M. Army, •iid T•-nrerly shall either become the property of the United States without compensation therefor, or the Serretat y of the Army may cause the properly to be removed and the premises to be so restored at the expense of the licensee, and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. 6. That the licensee shall pay the cost, as determined by the said officer, of producing and/or supplying any utilities and other services furnished by the Government or through Government-owned facilities for the use of the licensee, including the licensee's proportionate share of the cost of operation and maintenance of the Government-owned facilities by which such utilities or services are produced or supplied. The Govern- ment shall be under no obligation to furnish utilities or services. Paymenl shall be made in the manner prescribed by (At said officer upon bills rendered monthly. 7. That the United States shatl not be responsible for damages to prop. riy or injuries to persons which may arise from or be incident to the construction, maintenance, Ord use of the facilities constructed by the licensee on the said premises. 8. That this license may be terminated by the licensee at any time by giving to the Secretary of the Army, through the said oQfcer, at least ten (10) days' notice in writing; provided that, in case o/ such termination, no refund by the United States of any rental theretofore paid shall be made. 9. That it is to be understood that this license is effective only insofar as the riilhis of the United States in the property involved are concerned, and that the licensee shall obtain such permission as may be necessary on account of any other existing rights. 10. That th.- te•s)or,ir• licanae fur construction work aria is l 1n.~.y e , lr'.ci_i•: :1 t0 ?'2j su,•.wr.._.:_nt, a s: •;e- ~i-mli,wi easjw Ht coccarre-tl; ` it ^r:.;ot±d to 'tc fur a uawer pipelis.e Lein, instali"' .i.:ilt► Lhe &.ovu 6cacrl j-il a.rin of lend. J,)oa completion of t" cc,.'r1iction pf 9rid line, il! :i.•!,tr' •rrite' 1w %coare shall cease oud all c;r'.ratiou our, ws1nteavrc2 end repntr n},nil 1•e conf'.ne(l to the 20.0, font, tridn rig?;.-cf-i;ay easement. 11. T'ho installatioa and/or operation and maintocPnce of ne line shall be accom211eh.4 is aucl: vanner as not to endanger p eraonnel or pror1:rt)• of the Cnited Stets on tee 1%21 of '.1ita.i States or ubat;ruct travel on any road thereon. 12. The licensee shall supervise the snid line and cnuea it to he taspaca±•i K6' reasonable ii~arrn;:, a.;d ul.l;. r•-nnir unv iWt m• i;,roln aJ n 1a,~lt O. ouch inspections or when requested by sold officer to ropnir env A'lfCCt-S. ,loon connlution of the installation of said line and Via oC any cerair3 thk2rcto, the prenises %'t s! oe restored iw.*diately oy tuc licensee, at thu licensee's own expanse, to t%a oa:._ condition as that in which they oaisted prix: to the cormencerent of sue.1i work, to the satisfaction of the said officer. The 1.1n{ted :tatas reserves the richt to construct, ucn and raintrin across, oven n6 /or uyon thu riglit•-of-way hereby itranted, electric trar.nninsinn, tolcrtacne, tele1;T1,91" water, -,as, gaaoiine, oil and sever liner, nrd other facilities, in such manner as tot to create an), unrassonablo interferance :+ith ttit use of the r: ;~t•of YCp granted. t 1• f < 14. That no trees larger than six inches caliper will he destroyed or injured during construction or maintenarco of the sewer line and lift station. 15. That all arencs disturbed luring construction will be graded to match existing contours and will be rEVegetated as per reco=cnee.tirat: of tae Feser,roir "araa.~r. 16. That an; ?roperty Ltne faoco3 or crone fences damaged duri.,ia con:triictieL Will be repaired to the satisfaction of the Reservoir 2tanager. 17. That all br+s% rock r-0 ct::;er debris rpsultinq from construction activities will La rs_zovau froar ZovE;raacs,t r, rot: or lisroted of is an cre.n ahprotired e; ti;a 13. 'hat all construction will be accompli,st,ed cy the city of rentor. or their contractor at no cost Lo the Government. 19. That the tens aad cunuiticua of iaser:ent LACU63-2-t;1-0724 are incorporated as a part hereof except for the ending date. rior to erscution of thl-S li.cerso, the erar.tieF cInuse, Cer.ditior, 1 was deleted and Conditions 10 through It t:err- ceded. This License is not subject to Title 10, Unikd States Code, Section 2662. IN WITNESS WHEREOF, I hart hereunto set my handvby authority o/ the Secretary of the Army this day a/ Y c! rzt.~ l~ , t.9 ~J (Allef. Roll -stare --vaio" The abovvee+iinsttrument, together with atl the conditions thereof, is hereby arcepfed (his 9 tl day of ~~C.,~ C4Gti t9 CITY or DLNros, r.,: ATTEST: 3 ' W 1 6..w....w, w~~,,. pnw r17►-.1rf INn.11 Mt. tlt r . LEWISVILLE DAM AND GARZA-LITTLE ELM LAKE DENTON COUNTY, TEXAS PROPOSED TEMPORARY CONSTRUCTION EASEMENT FOR SEWER LINE TO CITY OF DENTON, TEXAS, FROM U.S.A. A tract of land situated in the County of Denton, State of Texas, being part of the John S. Dickson Survey (A-342), the Alexander E. Cannon Survey (A-232), the John Rogers Survey (A-1085), the Matthew Rogers Survey (A-1079), and the John Rogers Survey (A-1084)9 and being a strip of land 60 feet in width, 30 feet on each side of the following described center line: FROM Government marker No. F-554-4 for a re-entrant corner for a tract of land designated as Tract No. F-554 for Lewisville Dam and Garza-Little Elm Lake, along a northeasterly boundary line for said Tract No. F-554, north 17°30'53" west, 151.30 feet to a point for the easternmost corner for a proposed easement for the City of Denton, Texas, Sewage Lift Station from U.S.A.; THENCE along the boundary line for said easement as follows: south 72°29'07" west, 200 feet to a point for the southernmost corner for said sewage lift easement; THENCE north 17030'53" west, 140.63 feet to the point of beginning, said point of beginning being the intersection of this boundary line with the center line for a proposed sewer line easement to City of Denton, Texas, from U.S.A., said point of beginning being located south 17°30'53" east, 59.37 feet from the westernmost corner for said lift station; THENCE along said center line as follows: south 83°58'07" west, 640.02 feet to a point; THENCE south 89°30'11" west, 1349.60 feet to a point; THENCE north 49°28'43" west, 3400.00 feet to a point; THENCE north 38°24'43" west, 432.50 feet to a point; THENCE south 85°43'17" west, 221.30 feet to a point; THENCE south 75°33'11" west, 204.40 feet to a point; THENCE south 89°12'17" west, 774.50 feet to a point; THENCE south 65°03'17" west, 176.00 feet to a point; THENCE north 66059'23" west, 679.80 feet to a point; THENCE north 62°43'33".west, 454.60 feet to a point; THENCE north 29°32'43" west, 17.60 feet to a point for the end of this center line, said point being located in a northeasterly boundary line for a tract of land designated as Tract Ito. F-544 for Lewisville Dam and Garza-Little Elm Lake, south 63°21' east, 240 feet, more or less, from Government marker No. F-544-3, said strip of land containing 11.50 acres, more or less, SAYE AND EXCEPT from the above described tract that portion lying 10 feet on each side of said center line which is proposed perpetual easement to City of Denton, Texas, from U.S.A. containing 3.83 acres, more or less, leaving a net area of 7.67 acres, more or less, herein described. EXHIBIT A . IsrIngi 1!?t..~ S: I [siti lllt♦! t.. I , , e k A. { ' '!'.~w }ra tic ~{TU.. iyfl: . 1 ~-~a.~ ~ ` ►.%1 . . ~ Y4 ~ r,:: i• ird = i~=~ =d~lFli 1 r. ,•t P "'..e pV ry C ~[1 `i{ s ~13E1~1f=~{~{1~1 ' i. ~ilsa i I i j:i (t3 r'' r L S-1 `.i 1• i • Y Trlrr r*~1~i~I1* tIIit?1I it t 'r rats t li r t~ ` f 11 f• ft i7 ~~`YYY 1 i.:I afF'►~~,11` j f I i ' _ • ^ ,S•~ • ~ • s ~ ~~~s ~1'=~ ~ E11 }•t. i i• :,I ~~.r~ ,.,i, t ~ ~ d ~~~A~r(~i ~ it ~t~ r i ~ E ~ ~ i 1 : ~ Ly'cr~~--•~ ~ i 1 • • : € 1 J ; r , 555tl I ~ f E ~ + 41 J•Tf7~~+ l,Ip i.' ~ ~ i ,IEEIEi,I►~~ E E 5 ;'~U'u. ~/1 I j'srraEFl~n !ti lJt€,I f liri r III F iii i kl • ~';'~i ~i Q: ` ' } P "MAIF IJrl . 4 ~w. : • ..=1 11IyF.p.7= Ili[i 1 "1~ • ~ e. f>.~V~ ~ n ! I.~flft~M"- iii l~~• x '`i 11 11'1 11+ ~IU jq, M i. it I ` t EE ; • Q 7 ` - • ~ 11111111' ~ ~ ~ • 1111/111 ~E~~fl,~`'FEE d ` ti .i'{ e , t; E, ~N~, ~,Illl~jnr ~j~+f ~ E ~ w If w a ~ ~ • ~V ~E = s R '\r0j ` ~~,E~~f~i.~~`P L A, E~i-=, ✓ `y~ r'/.... fl7 E'~ rlllll ~i ~il EI 9#I#+ III ~ ~ ~ lE ~ R ~ I J I E * 1 I ` . ri < y , 1 t c ~f a I 1' i 'k rU Gy ' i" '4~N .1 { <'t~ rh ',r •'1 f-I r f' dJ a~ 11, ~ i 1 Fs<r9ti i T !1~~, . y~ - J" i q L:.%Ike v 'a .r t * I` v Is ~+.(~va' i v'"•,4 hNG^ e'r:' FUNDING AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § r ThiS Agreement is heresy entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Services Program for Aged ' Needs (hereinafter referred to as Agency); AI WHEREAS, the City's Human Resources Committee (HRC) has reviewed the services of the Agency and has determined that the Agency performs an important human service for the residents of 1 Denton without regard to race, religion, color, age or national ' origin, and therefore HRC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits ~r assistance and has provided for Twenty Thousand and No/100 Dollars ($20,000,00) in its budget; NOW, THEREFORE, the parties hereto mutually agree as m! follows: SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks: A. The Agency's purpose is to help older citizens remain independent and as fully active in the f community as they choose. y; B. Provide transportation for persons sixty years old or older. C. Provide a hot meals program five days a reek at Denton Senior Center and Heritage Oaks. D. Offer information and referral services for older persons at the SPAN Central Office. II. TIME PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time framer October 11 1981 through September 30, 1982. 3 ~ 'tiyy :gip 7 III. ~ < ' il USE OF FUNDS 4 City funds made available under this Agreement shall be utilized by the Agency to y, perform the following: j A. Provide transportation for persons sixt older. Y years or B. Provide a hot meals program five days a week at 'i Denton Senior Center and Heritage Oaks. sr i C. Offer information and referral services for older ~j persons at the SPAN Central Office. i IV, r METHOD OF PAYMENT z { The City agrees to make payment to the Agency upon submission of approved requisitions in one (1) allotment. It is expressly understood and agreed that in no event under the terms of this contract will the total compensation to t be paid hereunder exceed the maximum sum of Twenty Thousand and No/100 Dollars ($20,000.00) for all of the services rendered. s V EVALUATION. The Agency agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. The Agency agrees to make available its financial records for review by the City at the City's discretion. In addition, the Agency agrees to provide the City the following ' data and/or reports:' A. All external or internal audits. B. All external or internal evaluation reports. C. Quarterly performance reports submitted in January, April, July and September, to include the following criteria: 1. Number of one-way trips furnished each month. 2. Number of meals served at Denton Senior Center and Heritage Oaks each month. 3. Number of information and referral requests handled quarterly. 'T D. Quarterly financial statements submitted in January, April, July, and September to include expenses and income, t a•; V1. SUSPENSION OR TERMINT.TION The City may suspend 1. Y pend or terminate this Agreement and Y l« payments to the Agency, in whole or part, for cause. Cause ~ shall include but not be limited to the following: L{N r~ A. Agency's improper, misuse, or inept use of funds. B. Agency's failure to comply with the terms and conditions of this agreement. C. Agency's submission of data and/or reports that are incorrect or incomplete in any material respect, or D. If for any reason the carrying out of this r; agreement is rendered impossible or infeasible. nti~ In case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable data for compliance. In case of termination, the Agency will remit to the City: any unexpended City funds. Acceptance of these funds shall not constitute a waiver of any claim the City may otherwise have arising out of this Agreement. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Funding Agreement as of the day of 1981. L` CITY OF DENTON, TE S S CES PROGRAM FOR AGED NEEDS ~rf CIT AGER lam" DIRECTOR ATTEST: ATTEST: . Y SECRETARY S CRETARY APPROVED AS TO LEGAL FORMS C, J, TAYLOR, JR., CITY ATTORNEY BYI i i .,r Arlo . • f FUNDING AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: !j COUNTY OF DENTON § This Agreement is hereby erte-ea into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and the Denton County Friends of the Family hereinafter referred to as "Agency"; WHEREAS, the City's Human Resources Committee (HRC) has t, reviewed the services of the Agency and has determined that the Agency performs an important service for the residents of Denton without regard to race, religion, color, age or national origin, and HRC recommends funding the Agency; and WHEREAS, the City has determined that the Agency merits assistance and has provided for Twenty Thousand and No/100 Dollars ($20,000.00) in its budget for funding the Agency; NOW, THEREFORE, the parties hereto mutually agree as follows: I, SCOPE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following tasks, for which the moneys provided by the city may be used: A. Provide emergency residential shelter to women and their children, who are victims of family violence. B. Provide counseling, on both a residential and non- < residential basis, to family members, to assist them in dealing with the emotional and physical trauma of family violence. C. Provide counseling services to victims of rape and their families, D. Provide community education services concerning rape and family violence. II. TIME PERFORMANCE The services funded by the City shall be undertaken by the Agency within the following time frame: October 1, 1981 through September 30, 1982. PAGE 1 - DENTON COUNTY FRIENDS OF THE FAMILY FUNDING AGREEMENT i , r .1f + III, ti METHOD OF PAYMENT r The City agrees to make payment to the Agency upon submission of approved requisitions in one '_ur..p sun payment.` It is expressly understood and agreed that in no event ii under the terms of this contract will the total compensation to I be paid hereunder exceed the maximum sum of Twenty Thousand and No/100 Dollars ($20,000.00) for all of the services rendered. IV. EVALUATION The Agency agrees to participate in an implementation and maintenance system whereby the services can he continuously monitored. The Agency agrees to make available its financial :i records for review by the City at the City's discretion. In addition+ the Agency agrees to , provide the City the following F,f data and/or reports: A. All external or internal audits. ,a B. All external or internal evaluation reports. C. Quarterly performance reports submitted in January, x April, July and September, to include the following criteria: 1. Total number of clients served. 2. Residential - Number of women over seventeen (17) housed. 'I 3. Number of children under seventeen (17) housed. 4. Average length of stay of persons housed. 5. Disposition of case. 6. Non-Residential Family Counseling - Number of clients. 7. Non-Residential Individual Counseling , Number of clients. 8. Number of telephone calls related to family violence. 9. Income level correlated to Texas Department of Human Resources and Health & human Services Poverty Guidelines, 10. Number below poverty level. Number above poverty level. PAGE 2 - DSNTON COUNTY FRIENDS OF THE°FAMILY FUNDING AGREE-MENT _e 11. Number of rape cases. 12. Other appropriate information such as ' number of volunteer hours, major donations, n fund raising efforts, community education programs, and new program developments. D. Quarterly financial statements submitted in ,rf January, April, July, and September to include expenses and income. E. An explanation of any major changes in program ;r services. F. An explanation of use of funds to provide additional services.' VI. . ~x SUSPENSION OR TERMINATION j a in case of suspension, the City shall advise the Agency, in writing, as to conditions precedent to the resumption of funding and specify a reasonable date for compliance. t' In case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not ' constitute a waiver of any claim the City may otherwise have arising out of this agreement. IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into, thiisl Funding Agreement as of the day of 1481. s' i CITY OF TON, TE AS DENTON COUNTY FRIENDS OF THE FAMILY CITY MANAGER IRECTO it ► ATTEST- ATTEST: 4 A4~~- \ ck_z'~ I SECRETARY SECRETARY APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY BY: G . A(;~Sl , e PAGE 3 - DENTON COUNTY FRIENDS OF THE FAMILY FUNDING AGREEMENT t r. o,~ r,• •{ill ra k t tjj}j j R E S O L U T I O N ,n WHEREAS, on September 13, 1077, the City Council of the City of Denton, Texas entered inLo an employment agreement with G. Chris Hartung to serve as City Manager of the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton is desirous r, of retaining G. Chris Hartung as the City Manager of the City q of Denton, Texas; NOW3 THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. That the Mayor of the City of Denton, Texas is hereby authorized to enter into a revised employment agreement with G. i Chris Hartung to be effective immediately from and upon its date of execution and for a period of one year thereafter. ~I SECTION II. ~F y' That this resolution he effective immediately from and after its passage and approval by the City Council of the City of Denton, Texas, PASSED AND APPROVED this the 3rd day of November, 1981. CITY OF DENTON, TEXAS OATTEST: 4A~ . cr 1 ; CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, I.;"AS BY: 5 y ~ f'U Q.~ 5J L' . ~ C' ~T f f~€~~ . r . 1 ♦ O r r 1 J f d J 44' y ~ 1 R E S O L U T I O N :tv BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: 1:9 y SECTION I: The City Council of the City of Denton, Texas hereby casts r. all of its 631 votes for Raymond Pitts as a member of the Board ~F of Directors of the County Wide Appraisal District for the County of Denton, Texas. SECTION IT. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 3rd day of November, 1981, r Q D 0 . T E OR CIT OF DE TON, TEXAS ATTE$T, f CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: , F r A ~ t • [j 'v Box 2187 I{, cmiFFa[iuns for Denton County Sin€;1e Appraisal District :`pl z n:lyd of Director:; for 1982-1983 de hereby resolve to Cist our votes in thc' following 7nUTIc'r in accord,aTicc, with Senate Bill 621 snd Amended ` y thereto by the 67th Legislature, 1981 k UEC:;iC, Carl LAs1.EY, FlaroId - ]EriLl,, 1;. T. (Ti p) Jr, 1'AR1'O0L, Tom Jr. ! r^d Ylz1s, r^ Raymond __631_votes Tt'? ?C:;R, Joe VFAVF It , 8111 r i Yrc.si,iI. nf; UifiC0r RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS . 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YIC ♦iy , f~1+S}rl ~7 .t !1 .r j..., f r.r 5 n 'y y~Lr rY 5;; y~it 1 I t T 1 A ~ 1 1 r Y I. 1 A~ 1 „r 1 1 ~'Je ..v l.~ 5 1'.+ e~l~ kr~,IJ~ v ~u;9f 4~e ^4.' 'y ll'S tiAj Y?1 Lr'r i cl lwi4 tl 1 YID ,i 1 ry` .r, / 1:, r k r J 1 r iM I.." 6Y 4,{~ V ~@ YI'r f y~u~ 1~~ r r('0 1 " r rt { ~nr 6 1 + J + v 'y ` 1 r VA {tKl'',k,, k.nl'F rr11r ± ~Y t`' v ~J`'~µ)J""i.dl w~;1 1 U i " "710 , is O~rrn~r t• ~ jj . M11 yt V1• ~ .Y~ NO. 81-102 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, ZAII TEXAS, AS SAME WAS ADOPTED AS AN ORDINANCES OF THE CITY OF DENTON, TEXASPPENDIX N THE CODE 69to AND AS r BY ORDINANCE NO. SAID MAP APPLIES TO APPROXIMATELY 0.617 ACRE OF LAND I - THE HOME ACRES ADDITION TO THE CIT7 OF DENTON N PARTICULARLY DESCRIBED HEREIN; RE AND DECLARING AN EFFECTIVE NDATE. C THE COUNCIL OF THE CITY OF DENTON , TEXAS, HEREBY ORDAINS: SECTION I. i A' The Zoning Classification and Use designation of the following described property, to-wit: All that certain 0.617 acre, lot or parcel of land situated in the Home Acres Addition to the City of Denton, Texas; said k` tract being part of a tract shown by deed to Glenn Smith recorded in Volume 393, Page 259 of the Deed Records of Denton s~ County, Texas and being more particularly described as follows: BEGINNING for the northwest corner of the tract described herein at an iron pin found at a point south 000 201 20" west a distance of 8.0 feet from the original northwest corner of Lot 1, Block 2 of said Home Acres Addition, said beginning d point being in the south boundary line of Willowwood Street; 1 THENCE south 880 431 east y; S Willowwood Street 168.0 feet toian iron pintsetbinnthe ground; THENCE south 000 20' 20" west a distance of 160.0 feet to an iron pin set in the gound; THENCE north 880 438 west a distance of 168.0 feet to an iron pin set in the west boundary line of Lot 1, Block 2 Home Acres Addition; THENCE north 000 20' 20" east a distance of 160.0 feet to the point of beginning. Is hereby changed from Agricultural "A" District Classification Use to Single-Family "SF-16" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, be, and the same is hereby amended to show such change in District Classification and Use. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of prcinoting the general welfare of the s City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular usej, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most a k maximum benefit to the City ofpDenton, TexasB and its citizens. Z-1517-DAN SMITH-PAGE 1 (ff1 c, .r'S""4[}~}TPj~Fn~l±y'~IFTm,S.~s4'ssit~i'"'!svq~"'rcl~il~ia-q~. a i i :i SECTION III. t That this ordinance shall be in full force and effect , immediately after its passage and approval, the required public' hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, rafter yiving due notice thereof. PASSED AND APPROVED this the3/Lc, day of , 1981. rt; i I A D 0. STE RT, MA; CIT OF D NTON, TEXAS ATTES OOKS HOLT, CITY SECRETARYy; CITY OF DENTON, TEXAS vAPPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS h, BY: l r •i X f, r r°IS `V ~ r^uuI ~y 1 Z-1517-DAN SMITH-PAGE 2 a C C ~ ~ `iA A ~V]+ Y v ~ 1 ~ ~ ' i ~ ~ ~ ~c r~ ~ ~ ~ ~ ~ J a ` J V\ C ~ ~ r`' 4, 1' `,"5 r, ~ ~ w! ^w~ ~ !9 -~f► •~k i! Re s t.I i NO. 8:.-103 I AN ORDINANCE AMENDING THE ZONING ORDINANCE, APPFc'NDIX A, ARTICLE 10, OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY i} ADDING A NEW PARAGRAPH C THERETO, PROVIDING FILING FEES FOR SPECIFIC USE PERMITS; AND DECLARING AN EFFECTIVE DATE. } THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION T_, ? That Appendix B, Article 10 of the Code of Ordinances of A ( the City of Denton, Texas, is herebv amended by addinq a new k Paragraph C which shall hereafter read as follows: + APPENDIX B, ARTICLE 10 "C. An y person or corporation requesting a specific use permit pursuant to this Article shall, upon application, pay to the director of planninq a filing fee of Two Hundred ($200.00} Dollars." SECTION II. This ordinance shall become effective from and after its r date of passage and approval. 4-14 +`f PASSED AND APPROVED this the day of 19 1. IC AR 0. S T, MA CIT OF D .NTON, TEXAS ATTEST: a OOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYt 9240 try y ,r 6~i U~ oetot-," THE STATE OF TEXAS ?.A KNOW ALL MEN BY THESE PREF4ENTS: COUNTY OF DENTON BY THIS LEASE, entered into this / day of 1981, by and between the City of Denton, Texas (hereinafter called LESSOR) and Doyce E. Looper (hereinafter called LESSEE), LESSOR devises and lets to LESSEE the occupancy and use for ' livestock grazing purposes and for no cthec purposes except as authorized herein, the following real estate, except for four (4) acres which have been mutually determined unsuitable for this purpose, located in the County of Denton, State of Texas, described as follows: All that certain tract or parcel of land situated in Denton rr, County, Texas, being a certain 48.063 acre tract, situated in the ` Mary L. Austin Survey, Abstract No. 4 City and County of Denton, x~ Texas; said tract being a part of a 194 acre tract described In a deed recorded in Volume 272, Page 543 of the Deed Records of ~ Denton County, Texas, said tract being 6urther described herein by metes and bounds as follows: ' BEGINNING at the southwest corner of said 194 acre tract said point lying on the eastern line of tract conveyed to the City of Denton by deed recorded In Volume 398, Page 576 of the Deed Records of Denton County, Texas; ) THENCE north 10 251 R s east northwest corner of aforementioned 194 (acre to the the southeast a corner of the E. Morris Survey, Abstract 868 bears south 10 25' 30" west 53 varas; THENCE east 388.4 feet to a steel rod set for the return corner of the aforementioned 194 acre tract; , THENCE north 660 30' east 492.8 feet to steel rod set for the northeast corner of this; THENCE south 00 08' east, at 445.5 feet the most western y1 northwest corner of tract conveyed to Goode and Associates as shown by deed recorded in Volume 634, Page 71.1 of the Deed Records of Denton County, Texas, continuing and overall 2542.8 feet with the western line of said Goode Tract to its southwest corner, a steel rod; THENCE south 890 50' west 904.9 feet with fence line to the place of beginning, i% Said Lease is subject to the following terms and conditions: 1. The term of this Lease shall be for the months of October, November and December, 1981. 2. LESSEE agrees to deliver possession of said land and i premises to LESSOR on December 311 1981. 3. LESSEE agrees to pay LESSOR, as cash rent for the above described property for the three (3) month term, the sum of Seventy-Seven Dollars ($77.00) to be paid in full within ten (10) days of the signing of this Lease Agreement. r .k `a . Y' " i. , , U ail rll r. VF,^ , '7.yfa 4 1 'iC Yl ~~S^w~nP rv Mt YY r t J . 4. Restrictions and Limitations: (a) The land leased should be used solely for the purposes of grazing livestock. 6 , f, (b) At no time will the LESSEE or any individual be E'• allowed to erect, construct, or build any structure of any nature on the lease property without prior written approval of the City of Denton, Texas. (c) LESSEE is prohibited from leasing or subleasing any portion of the leased property. 5. The following special conditions shall govern the Parties to this Lease: (a) The LESSOR will have access to the property leased at any time for the purpose of any inspection deemed cxpedient and for the purpose of surveying, utility placement, as well as for the use as access routes to adjacent areas of the property leased. (b) LESSEE will assure all risk incidental to the property leased and shall indemnify, defend and hold harmless the City from all penalt?.es arising from the violation of any ordinance, order or regulation that should occur in the ` operation of the Lease, as well as from any and r" all claims, suits, losses, damages or injuries to any person or property of any nature resulting from the carelessness, negligence or improper conduct of the individual or any of his agents or employees. EXECUTED in triplicate this the J: -L3-day of ~e f,. 1981, CITY aDDEENN N, TEXAS LESSOR r~ BY : ;r G. UN ITYAGER ` ATTEST:' •w 1 6 HOLT, CIT SECRETARY' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS ) C.J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: DOYCE E. LOOPER, LESSEE v Y.R AC +.'.,:7't i arc.R~Mr+gtes.~rt•cr.-,-sc.:-~ dtv 'S ~'+T ~w .e [a9 . 4i•S \ Eli ;t w,1; .F `t . ~ ~ ~ a c=y-c'- t _ c~ ~ ~ ~ ~ ' 1 ~ r~ " ~r ,r ,r~, 1 S 4 4t n' 1 r .i ; i'1 e i T fV 5. t A a ' 1h: +jl rq a: 1 r 'i to I. rt r~.. 7 { L I~~rG r1 ! °p y., y c A h n,' 1ri y ~fA is ~f ♦ r r.rt t ri ~r ~rA V,y~ VVV~~K/n)Iq1 J r, v R E S O L U T I O N WHEREAS, the City Attorney of the City of Denton is appointed to office by the City Council and serves at the pleasure of the City Council under the terms and provisions of Article VI of the Charter of the City of Denton, Texas; and WHEREAS, on November 12, 1979 the City Council of the City of Denton appointed C. J. Taylor, Jr., City Attorney of the City of Denton, Texas; and WHEREAS, the employment contract of C. J. Taylor, Jr, has, been extended by the City Council of the City of Denton from year to year; and WHEREAS, after the ar:;iual performance review, the City Council of the City of Denton is desirous of retaining C. J. Taylor, Jr. as the City Attorney of the City of Denton, Texas: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON? TEXAS: SECTION I. The City Council of the City of Denton hereby extends the employment contract of C. J. Taylor, Jr. as City Attorney of the City of Denton, Texas, for an additional one year to perform the function and duties specified in the City Charter, the City Code, and the laws of the State of Texas, and to perform. such other legally parmi,ssible and proper duties and functions as the City Council shall from time to time assign. SECTION 11. The City Council agrees to pay C. J. Taylor, Jr, for his services an annual base s- it of $42,000 payable in installmentr; at the same tirre a_ other employees of the City arc paid, SECTION III. Ac annual performance review will be conducted by the City Council during the month of October of each year, and the City Council agrees to increase said 'lase salary, fringe or otheo r jly I.....'.. . • ...«a....w.•rl..«mwwrwwe.sr*s vas.wsww+r.wm~ww, wr...uw.►.....w.u w.w.w.. 'I I ~I benefits in such amounts and to such an extent as the City Council may determine that it is desirable to do so on the basis of the annual performance review made at the same time I' d as similar consideration is gir.n to c'.har employees of the City. SECTION IV. It is recognized that the City Attorney has to devote a great deal of hila time outside normal office hours to business of the City, and to that end, the City Attorney will be allowed to take compensatory time off as he shall deem appropriate during said normal office hourst provided, however, the City Attorney shall devote his entire time to the performance of the duties and shall not spend more than ten (10) hours per week in teaching, consulting, or other non-City connected business without the prior approval of the City r Council. The City Council hereby agrees to budget and pay the travel and subsistence expenses of the City Attorney for professional and official development and to adequately pursue necessary official and other functions for the City, including but not limited to the Annual Conference of the Municipal Law Officers, City Attorney's Association and such other national, regional, state or local governmental groups and committees thereof which the City Attorney serves as a member. The City Council also agrees to budget into pay for the travel and subsistence expenses of the City Attorney for short courses, institutes and seminars that are necessary for his professional development and for the good of the City of Denton. The City Council agrees to budget and pay the professional dues a:'d subscriptions of the City Attorney necessary for his continuation and full participation, including the holding of rsriponsible offices in national, regional, state and local PAGE 2 A ~ . i ' x.F.v....wv.rnen.wr..+aatrirov:ma weww.ww.►.iwi, MJ~VWMM01'AIB~ . d( ki I Y associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the City of Denton. SECTION V. Before voluntarily resigning his position, C. J. Taylor, Jr., agrees to give the City Council at least thirty (30) days notice in writing of his intentions to resign, stating the reasons therefor. In the event of his involuntary ueparation as City Attorney, he shall be entitled to receive a lump sum payment equal to sixty (60) days aggregate salary; provided, however, that in the event of his termination because of his conviction for any offense involving moral turpitude or any illegal act involving personal gain to him, then, in that event, the City shall have no obligation to pay the aggregate severance sum designated herein. Involuntary separation as used in this paragraph means his discharge or dismissal by the City Council or his resignation following a reduction in salary or other financial benefits of the City Attorney in a greater percentage than an applicable across-the-board reduction for all City employees or in the event the City refuses following a written notice to comply with any other provisions benefiting the City Attorney herein or the City Attorney resigns, following a suggestion, whether formal or informal, by the City Council that he resign, then, in that event, the City Attorney may at his option be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. SECTION VI. All provisions of the City charter, City Code, and Rules and Regulations of the City adopted by the City Council relating to vacation and sick leave, retirement and pension PAGE 3 '~S 1 1 1 system contributions, holidays and other fringe benefits and 1 working conditions as they now exist or hereafter may be i amended, shall apply to the City Attorney as it would to other i employees of the City, in additic:, to sai,; bent tits enumerated specifically for the benefit of the City Attorney, except as herein provided. The City Attorney shall be entitled to receive the same vacation and sick leave benefits as are accorded other department heads, including provisions a rti+ governing accrual and payment therefor on termination of employment. PASSED AND APPROVED this the lg~a day of November, 1961. IC ARD 0. STEWA , YOR CIT OF D TON, TEXAS i T ATT ' BROOKS IIOL'P, CITY SECRETARY a CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS f.$ BY: PAGE 4 Try • a 3F M0 L= ~F S ' ~~HMUM& 'r7! ' } s R E S 0 L U T I O N 1 WHEREAS, the City Council of the City of Denton has ;G heretofore determined the necessity for disposing of the real pror~rty :iereinafter described; and F~ WHEREAS, after due notice as required by law, competitive { bids were received by the City of Denton; and WHEREAS, the highest bid received was for One Hundred Ten Thousand and No/100 ($110,000.00) Dollars from McNeill's, y Furniture & Appliance of Denton, Inc.; and WHEREAS, the City Council hereby finds and determines that the reasonable and fair market value of such property is One Hundred Ten Thousand and No/100 ($110,000.00) Dollars; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE r CITY OF DENTON, TEXAS, THAT: SECTION I. The bid of One Hundred Ten Thousand and No/100 ($110,000.00) * Dollars by McNeill's, Furniture & Appliance of Denton, Inc. is , hereby accepted. SECTION II. The Mayor is hereby authorized to execu':e on behalf of the City of Denton, Texas a warranty deed conveying the hereinafter described property to McNeill's, Furniture & Appliance of Denton, Inc., to-wit: All that certain lot, tract or parcel of land, situated in the County of Denton and State of Texas, and being all of Block Number Seventeen (17) of the City of Denton, as originally laid out in establishing the County Site at Denton, Texas, out of the William Neill 100-1/2 acre Survey, and described more particularly as follows: BEGINNING at the southwest corner of said Block Seventeen (17) the intersection of the east line of North Lo+:ust Street and the north line of Pecan Street, an iron pin set in concrete from which an iron pin set in the ground at the southeast corner of the Public Square of said City of Denton bears south 80 west 565 feet 9 inches, and the northwest corner of the "Wright Building" coverirg Block six (6), of said City of Denton, bears south 56 fe::t 8 inchesi THENCE north on the east line of said Locust Street and this west ltne of said Block Seventeen (17), one hundred forty (140) feet an iron pin set in concrete, the northwest corner of said r . ; 0 "R (C A J 46 , Block Seventeen (17) on the north boundary line of the William Neill 100-1/2 acre Survey, at the intersection of the east line R of North Locust Street and the south line of McKinney Street,". from which another iron pin set in concrete bears south 88.50 east 49 feet 8 inches, and an iron corner post set in concrete+ at the southwest corner of G. P. Davis residence lot, the it intersection of the east line of Noorth Toeurt Street =nd the 1 north line of McKinney Street bears north 160 west 58 feet and 8 inches; o„ THENCE south 88-1/40 east on the south line of McKinney 'a Street and the north line of said Block Seventeen (17) and the William Neill Survey one hundred twenty (120) feet seven (7) x' inches to an iron pin set in concrete the northeast corner of said Block Seventeen (17), at the intersection of the south line of McKinney Street and the west line of Ash Street, from which t`2 aforesaid iron pin set in concrete bears north 88.50 west 70 feet 7 inches, and an iron corner post set in concrete at the southeast corner of G. P. Davis yard bears north 390 west 62 feet 2 inches; THENCE south on the east line of said Block Seventeen (17) and the west line of Ash Street one hundred thirty-six (136) feet six (6) inches to an iron pin and link set in concrete at the southeast corner of said Block Seventeen (17) at the intersection of the west line of Ash Street with tre north line ; of Pecan Street, from which the northeast corner of said "Wright Building" bears south 1/20 east 57 feet 9 inches; THENCE west on the south line of said Block Seventeen (17) ;,.nd the north line of Pecan Street one hundred twenty (120) feet to F the place of beginning. SECTION III. The City of Denton is hereby authorized to pay its share of the necessary and reasonable cost of closing as required by the advertisement for bid. L T PASSED AND APPROVED this the day of ovember, 1981. J II RD 0, STEWAR , Y IT OF DE TON, TEXAS ~ ATTEST R K3 1:11 CITY SECPETARY CITY OF DENT.ON, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS ~Y BYt ti I',r47~~h.'~,l '~7~'~74"•t~,~~1M~t~~,`~i'1.'~~97C~A"7~.'t~4<3q tN '~u ° .4♦. ~~r tt 1 ~ n1iti~1 K~ 4Q~19 +e. ti t Y d~• ! x, •.1/,f ;[r n ~ --~`--ate tyM i{ a l' ~ I r . 1 M! ?iF TP17 STATE OF '1F;X:AS ~z Kr;0i1 AJA, "IYN HY TIIUIIE Pr~1'SJ.'tv'fS: A 000NTY OF T11''NLnN a r. Vl,!. thr~ City of PrFlton, of thr Count'y' of T)fnnton, St,ltr of '.i'exzis, 0)r 1411(3 tin con:;ido)..Jtl Q11 o r t11c !;111'1 Ui' C)RU 1111170 Ten Thousand and No/100 ($110.1)00.00) DO11.al:s an , other I valuable considceratien to the nn(ieresigned paid by tiie yr.,nnt(?eyi 4Y, herein named, the receipt of which is hereby acknowl~,dgcr', haver r Gronted, Sold and Conveyed, and by thlisc presrnts Or) (3rant, Sell. and Convey unto tiTctleiIIIs, ;11 r n i t u r e & A Up1i C:n of. Penton, Inc., of the County of 1)eni:on, State of Texac:, sublect )h to the restrictions herclinafter oade, a11. of tho foIlow ina described real. property in Denton -oonty, ?exas, 1.n-wit: All that certain lot, tract or parcel of l.aild, si tnalr cl in the County of. Denton and State of. Texas, and hying all of Plnck Number Seventeen (17) of the City of Denton, as originally lai.l out in establishing the County Site at Trenton, Texas, out of the Will. iam Neill 100-1/2 acre Survey, and described more particularly as follows: 1 BEGINNING at the southwest corner of. sairl Tilock Seventeen (17) `s the Intersection of the east line of. North Locust Street and L•he north line of Pecan Street, an iron pin sot in concr((tr? from which an iron pin set 1.n the clraund at the rout.heast corner of the Public Square of said City of Denton bears south t 80 west 565 feet 9 inches, and the northwest corner of the °tdright Building" covering Block Six (6), of said City of Denton, bears south 58 feet 8 inches; THENCE north on the east line of said Locust Street and the west line of said Block Seventeen (17), one 'lundred forty (140) ' feet an iron pin set in concrete, the northwest corner of said block Seventeen (17) on the north boundary tine of the William 11(%111 100-1/2 acre Survey, at the intersection of the east line of North Locust Street and the south line of McKinnev Street, from which another iron pin set in concrete bears sough 88.50 east 49 feet 8 inches, and an iron corner post set in concrete at the southwest corner of G. P. Davis residence lot, the intersection of, the east line of North Locust Strent and the north line of McKinney Streetl boars north J60 west 58 feet nrid 8 Inches; THENCE south 88-1/40 east on the south line of McKinney Street and the north line of said Block Seventeen (17) and the William Neill Survey one hundred twenty (120) feet seven (•1) inches to an iron pin sot in concrete the northeast corner of said Block Seventeen (.17), at the intersection of the south Line of McKinney Street and the west line of ASh Strent, from which the aforesaid iron pin set in concrete bear., north 88.50 west 70 feat 7 inches, and .1n iron corner po,! • r.et in concrete at the southeast; corner of G. P, Davie, Varri bear-, north 390 west 62 feet 2 inches; i &'4 1 ~ R y `R 7 4 Y i lmi x. v d1'~~ R .2t J ,ri 1r ib. ♦,lv' {r,~l a.lld6fii `i r i'~IF4}~MIYAA.r{'Rif.1HAifrll+YKMAA1tl nN `;.i Y.MMlr4'' MAr. nvY . Y.... ..w ••n in r.f . • bl 'i' E'NCE, :;ouIII on tl;r cas;l: iE11o nf. s;,nid A1nck SVVO11to rl (1.7} arl I hr ~r!r;t l i r:e G of As 1) ;,I:rr> (.t n hilnr3rerl Lhir.tx Slx (6) lrl('il(? to) all iron }.)ill ftnCl link fiCt in t;pnCl"I!1:(! Flt t})t! f~`1 r,entilrn:,l corner of sFti(I lock R,.vente(?11 (17) al the t^ intel-section of the hc:;t line of Ar;h Street with the north 1 i.ne of PvcFln I rl?r'1:, f r Ort w1) it-- iI I:he northeast cor•',0r. of I(1 „w t•1r ioh 1: It~t) 1,r1111F1° }?C'rlrf:;f)ll 1h l.Pc) rF~,•l. •J feo 9 lncli I-Is TL1'`ICF lac:. r: n,t t, Lc ;Fluth t. r rl .:ai.i ftlcck Fc-✓r, ,1:nr)n (1.7) ;)nrl t110 1IVr'1 1 lf10 of I'll',,I17 it't"Or,I (7hr~ huIit rl~cl fwcnt'J {1?Ili fn!•t Lr7 ll `i fho pI acn ref he ginrti ny. `I'0 HAVE ANI> 'i'17 FIOL,U the aI),;vo (lenr-~r iberl r rnmises, I:nnether with all- and sinqular the r14jht, and apunrtenances the. r e t o in anywise hclonginq, unto the said grantee, its successors rn a:T forever-; anrj it does hr?rehy hi nil i 1:o- r11 f and f l-^ succe; sors to arrant and forever Defend all ,and sin:lular the said promises r unto the said grantee, its successor and assigns, against every ' person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is subject '-o the following covenants and ~1> re ,t r.ictions: A. .in order to fnsurc that the historical. integrity of the building l.ocatr?d on the conveyed property is maintainod, the E. provisions of Article 28A ("Historical Landmark preservation") 7 of Appendix a ("Zoning ordinance.") of the Code of Ordinances of the City of Denton, Texas, 1.966, as amended, shall apply to the structure located onF the property conveyed herein and such property shall be considered a "historic landmark" as defined in said.. ordinance, regardless of whether so designated in accordance with the provisions of said ordinance. The outside exterior of the property shall. not be renovated, altered or demolished, except in accordance with the provisions of said ordinance. 8. Any and all restrictions, convenants, conditions and easements, if any, relating to the hereinabove describers t property, but only to the extent they are still in effect, y shown of record in the hereinabove. menticone_d County and State, r .7 F PAGE 2 Ik 0 A~~ q r iF .'1/1/ 5.LLlrlll'II FI FA ~F ri s4!' y la" r~ "I 1 1 1! 1 1 F ~1 d I t,. n } - I ti ~C~'t!Ya eT 1 : r j.'Ff r~ F, t n 7 i~ w " a ,1 ,f,. t'~r t' > t st f tl' .y;t x ;¢gti,rr 4,-,~,,,' ,~F r v,ul.( t k4a u r J , mom an i to ,ill. znnin;~ l.aw;, rr< ulrlti~~n: an I ) I', C"; of rnunicipa lllt)~ or r~t'Ir,r cnvrrrmeilt,,) ,luthr,r'itie", if rjny, F•ut cnly to t e h 0%t:ent that they arc rsti;.). in f'focL, re) :,I:iny t~ t:1le i cro{n.. :,hove dc"Cl. ihvd rtor)r~rLv. thk the day CITY OF DFNTO , IfPXAS txt, . tirl( I;ARD 0. i♦;'rlA '4±1((„77X,, r1AYr?tt (1111 ~ OF r)FNTON, RXAh AT 1 r F ROOKS~)iOLT, CITY SECRUARY CITY OF DENTON, TEXAS THE STATR OF TEXAS §f' COUNTY OF DENTON r This instrument was acknowledged before me on the all of 1081, by Richard 0. Gt:ewart, Mayor of the City of Denton, TexaS, a Municipal Corporation, on behalf of said Municipal. Corporation, ~a lfANETiE SCOTT Ka se WehleafTeue C~V Yf~nAhsbn[spb V4031.195 NOT PUBLIC , try Commission expires:^ 4 i 4 , ,M- , r c{4 rA 1.,, 1 r y,t 7 d r°~ A i i, h tt+•r'i.Y 'r},> '7,'~GSL 0~ a,~ i I,~ au. c ~ Y fY d • ~ r wl , t X vy a n 1•' 'i7 ~ r , i `l~};' s v r ~ ~r1 r rte! ~ti, ~ • 1' `ter I~ I y IWW *low 1 A NO. S1-lOh _ _ . . , AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON THAT PORTION OF THE SOUTH SIDE OF SCRIPTURE STREET FROM THE SOUTHWESTERLY CORNER OF THE INTERSECTION OF SAID STREET WITH FRY STREET TO A POINT APPROXIMATELY NINETY FEET WEST ON SCRIPTURE STREET IN THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; C. AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: j,• SECT'IOIN I. When signs are erected giving notice thereof, no parson shall park a vehicle at any time upon that certain portion of the I following public street in the City of Denton, to-wit: i i { The south side of Scripture Street from the southwest, corner o~ said street's intersection with Fry Street to a 2 point a+.)proximately ninety (901 ) feet west on Scripture Street. SECTJJN II. The provisions of Section I prohibiting the parking of vehicles shall apply at all times to the street and parts of street designated therein except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic-control device. ~ SECTION III, I~ A person adjudged guilty of E' parking a vehicle in violation of this ordinance shall be guilty of a misdemeanor and punished by a f. fine not to exceed Two Hundred Dollars ($200.00). r. SECTION IV. Any and all ordinances in conflict herewith are hereby $ repealed. 14 SECTION V. .,3.; ' This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed ti to cause the caption of this ordinance to be published twice in } the Denton Record-Chronicle, the official newspaper the City of Denton, T^xas, within ten (10) days of the date of its passage and approval. PASSED AND APPROVED this the/ day of 01A )Pr$ 1981 IQ 0a Od -IN ?1C ARD O, TEWA , MAYOR OF DE TON, TEXAS ATTES , eiee,~ OOK3 80LT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYf -7 1 } Rf, f'A ~Gk R 1 Q~IIr Z r, / OATH OF OFFICF do solemnly swear (or affirm) that I will faithfully execute the duties of the office of !f > , f the City of Denton, Texas, and will to the best of r-V ability preserve, protect and defend tt.e Constitution and laws of the United States and of this State and the Charter and Ordinances of this City. Subscribed at orn to before me the undersigned on this the 1L~'^ day of 1 A.D. 19,,0/. To certify which witness rip and and seal of office. OnY SECRETARY CITY OF DENTON, TF.RAS ~ ~ ~ • ~ ~ + ~ 1 ~ ♦ t/ r (/y 1 C , 1 ~ ♦ \\Vl•` 1 C C ~ C_ ~ 1 J i (~t'`~,(~,~ ~ 1}~ ~ r d t o ~ ~ ~ C r t V ,l yt yZF S P. a n t h 1l 1 , i l ~ / t t ~hA ktJ~c k. 1 1. y .y' 1 l.}aIl ~4 jyii r~ ,~f.R n P yy ~ 6 INDEPENDENT CONTRACTORS AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: l' COUNTY OF DE14TON § L. The City of Denton, Texas, a Municipal Home Rule City situated _RA in Denton County, Texas, hereinafter called "City", acting herein T y, by and through its City !tanager, and Priority Systems, Inc., q. hereinafter called "Contractor", hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor t to perform the hereinafter designated services and Contractor agrees to perform the following services! Software services - IB_vI 4300 System. 2. COMPENSATION TO BE PA'-'D CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: Foety Dollars ($40.00) per hour. B. Dates of Payments : One week after services performed. 3. SUPERVISION AND CONTROL BY CITY: It is mutually under- stood and agreed by and between City and Contractor !.hat Contractor is an independent Contractor and shall not be deemed to be or con- sidered 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. 40 SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT C014TRACTORIS AGREEMENT - PAGE 1 IM 11 1 °a a ~ . R Y .M.~«~.. ....~,.,~r......nnr-+akwn~+.w. c+meagw.sa:ax~.ww.s~ww.ww..* ..a~.vv...wwaw..«w.www•' r i 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor tae following services and/or ;r?s supplies: ..w T'T A. Computer Time. b. Terminal Use. 6. INSURANCE: Contractor shall provide at his own cost and ' expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of iLs intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 16th day of October, 1981, anend after 70 hours. EXECUTED this the ay of , 1983, CITY OF DENTON, E'-,AS / BY. A Z4 ATTESTS ITY C TA Y APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY ?Y s OIL,- ILke~l . CONTRACTOR R BY S A JV. That Gary A, Collins is hereby designated as the person to administer the provisions of this Agreement. DATE / r~ INDEPENDENT CONTRACTOR'S AGREEMENT ~ PAGE 2 A h r ~ 'r • "'yam ~ t ~ . l~ - r..,. c r+.' f ^,~J \ ~ ,t; . C`~ ~ r 1";` ~ ~ ,1 ~ a y..; r ,.ti 1. -i, c' s' 'r' ~ ~ r~ a: 1 • ~ t~ / _ I 5 v yt T vR yak', V f ,L < r i' I . INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: § The City of Denton Texas aMunicipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Miltonamics, Inc., hereinafter called "Contractor", hereby mutually agree as follows: 1. SERVICES TO BE PERFORttED: City hereby retains Contractor to perform the hereinafter designated services and Contractor ^ agrees to perform the following services: s A. Tax Maintenance. B. Tax and Payroll Conversion. <<y'' C. Maintenance. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: Thirty-five Dollars ($35.00) per hour. B. Dates of Payments: One week after services performed. 3. SUPERVISION AND CONTROL BY CITY: It is mutually under- stood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or con- sidered 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. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes it. the Budget: ct the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 1 ~ 4.~~~ip.- ~'~i"~y~xsf~l`M1~~~~rvta-`Y!'^~i ^'t^.v_ f+r tT^+.; ~.ra P +,v+•- -r,+~...~...i r b. sum-nsw ~sm's.. ,...n•....-. r J, 7. . Y 91 5. SERVICES AND SUPPLIES TO BE FURNISHES BY CITY: City 4 a. agrees to furnish to Contractor the following services and/or supplies: A. Computer Time. B. Terminal Use. ~W C. Dorltmentation. 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 13th day of October, 1981, afin,~~d end after 85 hours. EXECUTED this the -''day of 1981. 4 C?TY OF DENTON TEXAS i BY: .4 "1 ATTIE T : ITY SECRETARY " APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY " BY CONTRAC / 7 X M. BY: That Gary A. Collins is hereby designated as the person to administer the provisions of this Agreement. C a ■\y~I _V. wM11 `t INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 :s A~ N e, L tT~'}h3~~.. K. Wf. 1 rye 1 { n ' -1 I Yn~ ^~tiI 1 1 1 i r r S.w[ry .f c.N..e} STEWART TITLE OF DENTON COUNTY, INC. FORMERLY JAGOE ABSTRACT COMPANY, INC. NAOMI ALLEN P. O. BOX 267 • DENTON, TEXAS 76201 bar ar CAZI Ali 3870516 1 Mslio 4)6 38 tl N. wt-uIbar 24, 1981 City of Denton Municipal Building Denton, TX 76201 Re: Our OF B-8024 purchase from Stingley 6 Willeford Attention: Roger Wilkinson Dear Roger: Enclosed please find Owner's Title Policy No. 0 1425471'. A in reference to the above captioned transaction in the insured amount of $500.00. If we may ba of any further assistance to you in this or any other matters please be sure to call on us at any time. Yours very truly, STEWART TITLE OF DENTON COUNTY, INC. BY: sam enclosure T-1 Owner Policy-Form Prescribed by State Board of Insurance of Texas-Re wised 7.11980. .t qti• A. i • J ! M1•w'-'~~- a.J J • M1„" :~J M1.: :~J S~J ~J 1 B-8024 G1' A I?AKT1. r,0NE1, r r. 1 r { STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter called the Company, for value does hereby guarantee to the Insured (as herein defined) rhat as of the dare hereof, the Insured has good and indefeasible title to the , estate or interest in the land described or referred to in this policy. v { The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, or any part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall } not be required to defend against any claims based upon matters in any manner excepted under this policy by the excep- tions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy", of the Conditions and Stipulations hereof, The party or parties entitled to such defense shall within a reasonable time after the commencement of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of 1 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, r claim, or right so established shall be for less than the whole of the estate or interest in the land, then the liability of the Company shall be only such part of the whole liability limited above as shall b,ar 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 Cor,ipany is re- lieved from all liability with respect to any such interest, clairn or right; provided, however, that failure to notify shall not i prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with pro- cess therein, nor have any knowledge thereof, not in any case, unless the Company shall be actually prejudiced by such failure. Upon sale of tt,_ ;rate 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 I~ss, he, they 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 land. The Company shall be liable under said warranty only by reason cf defects, liens or encumbrances existing prior to or at the date hereof and not excluded eith?r by the exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this policy. 1 IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has caused this policy to be executed by its Chairman and President under the seal of the Company, but thit policy is to be valid only when it bears an authorised countersignature, as of the date set forth in Schedule A. 41TE'NVA ■ T 1, t ~ ' OUA AA NTY ('UMI•A N1' .rrarno' 1 f;I~/PTT't7j 00 Chairman of the Board w06A64 - `f President Countersigned: N-41 tf 1 STEWART TITLE 0 DENTON COUNTY a NC, wit 19 6 it !.o { r. JI I I e., .f.f,.e r L ' fJ/L` L 1. ~ }}Y v L l ~,L i t Zi tF X~A000 r Nmher o 142541 A GENERA: CONDITIONS AND STIPULATIONS F 1. Definitions Insured were a purchaser for value without knowledgd; The following terms when used in this policy mean: or the homestead or community property' or survivorship (a) "land": The land described, specifically or by rights, if ana, of any spouse of any Insured, reference, in Schedule A, and improvements affixed thereto which by law constitute real prnperty. 3. Defense of Actions Ib) "public records": Those records which impart (a) to all cases where this policy provides for the defense constructive notice of matters relating to the land. of any action or proceeding, the Insured shall secure to the (c) "knowledge": Actual knowledge, not constructve Company the right to so provide defense in such action or knowledge, or notice which may be imputed to the Insured proceeding, and all appeals therein, and permit it to use, at by reason of any public records. its option, the name of the Insured for such purpose. When- (d) "date": The effective date, including Hour if specified. ever requested by the Company, the Insured shall give the (e) "insured": The Insured named in Schedule A and, Company all reasonable aid in any such action or proceeding, subject to any rights or defanses the Company may have in effecting settlement, securing evidence, obtaining had against the named insured or any person or entity who witnesses, or defending such action or proceeding. succeeds to the interest of such named Insured by operation (b) the Company shall have the right to select counsel of law as distinyuished from purrhase, any person n: entity of its ow- choice whenever it is required to defend any who succeeds to the interest of such named Inured by action or proceeding, and such counsel shall have full control operation of law as distinguished from purchase including of said defense. but not limited to the following: (c) Any action taken by the Company for the defense (i) heirs, devisees, fisuibutees, executors and of the Insured or to establish the title as insured, or both, administrators; shaft not be construed as an admission of „ability, and the (ii) the successors in interest to a corporation resulting Company shall not thereby be held to concede liability or from merge, or consolidation or the distribution of the assets waive any provision of this policy. of such corporation upon partial or complete liquidation; (iii) the partnership successors in interest to a general 4. Payment of Loss or limited partnership which dissolves but does not terminate; (a) No claim shall arse or be maintainable under this (iv) the successors in interest to a general or limited policy for liability voluntarily assumed by the Insured in partnership resulting from the distribution of the assets of settling any claim or suit without written consent of the such general or limited partnership upon partial or complete Company, liquidation; (b) All payments under this policy, except payments (v) the successors in interest to a joint venture made for costs, attorney fees and expenses, shall reduce the resulting from the distribution of the assets of such joint amount of the insurance pro Canto; and the amount of this venture upon partial or complete liquidation; policy shall be reduced by any amount t',e Company may (vi) the successor or substitute trustee of a trustee pay u tder any policy insuring the validity or priority of any named in a written trust instrument; or lien a (cepted to herein or any instrument hereafter executed (vii) the successors in interest to a trustee or trust by thr Insured which is a charge or lien on the land, and the resulting from the distribution of all or part of the assets of amount so paid shall be deemed a payment to the Insured such trust to the beneficiaries thereof. under tiffs policy. (c) the Company shall have the option to pay or settle 2. Exclusions from the Coverage of this Policy or compromise for or in the name of the Insured any claim This policy does not insure against toss or damage by insured aga nst by this policy, and such psyment or tender of reason of the following: payment, tog ther with all costs, attorney fees and expenses (a) The refusal of any person to purchase, lease or lend which the Company is obligated hereunder to pay, shall money on the land. terminate all liabi:~ly of the Company hereunder as to such (b) Governmental rights of police power or eminent claim, Further, the payment or tender of payment of the domain unless notice of the exercise of such rights appears in full amount of this policy by the Company shall terminate the public records at the date hereof; and the consequences all liability of the Company under this policy. of any law, ordinance or governmental regulation including, (d) Whenever the Company shall have settled a claim but not limited to, building and zoning ordinances. under this policy, all right of subrogation shall vest in the (c) Any titles or rights asserted by anyone including, Company unaffected by any act of the insured, and it shall but not limited to, persons, corporations, governments or be subrogated to and be entitled to all rights and remedies of other entities to tidelands, or lands comprising the shores or the Ensured against any person or property in respect to such beds of navigable or perennial rivers and streams, fakes, bays, claim. The Insured, if requested by the Company, shall gulfs or oceans, or to any land extending from the line of transfer to the Company all rights and remedies against any mean low tide to the line of vegetation, or to lands beyond person or property necessary in circler to perfect such right the line of the harbor or bulkhead lines as established or of subrogation, and shall permit the Company to use the changed by any government, or to filled-in lands, or artificial name of the Insured in any transaction or litigation islands, or to riparian rights, or the rights or interests of the involving such rights or remedies. State of Texas or the public generally in the area extending from the line of mean low tide to the line of vegation or their 5. Policy Entire Contract right of access thereto, or r;-ht of easement along and across Any action, actions or rights of action that the Insured the same, may, have, or may bring, against the Company, arising out of (d) Defects, liens, encumbrances, adverse claims against the status of the title insured hereunder, must be based on the title as insured or other matters (1) created, suffered, the provisions of this policy, and all notices required to be assumed or agreed to by the Insured at the date of this policy, given the Company, and any statement in writing required to or (2) known to th. Insured at the date of this policy unless be furnished the Company, shall be addressed to it at P. 0. disclosure thereof ;i writing by fhe Insured shall have been Box 2029, Houston, Texas 77001, made to the Company prior to the date of this policy; or loss or damage which would not have been sustained if the 6. This policy is not transferable. S49TI:16VAR"I' TITIA, GUARANTY COMPANY Om ' ? z m c Y+ S 40 7 N z>mN D D m D co 00 Ica =U Z O r- yOW rn Ozz> 3 > m cn V { m m 4 z ,o c ° ~P-5 { 2 oo r~ D rr-- 0 rn -T r 00 C' C { ci, N ' i4 'J - _ ~ _ _ ~ - - - I• Imo` i ;4 x ' c > 0 i , o v o r, > > x x ti i , V O • O ~ M~f B' k Z M n m ' k - T-1 Owner Policy Schedules - Form Prescribed by SIa1e Board of Insurance of Texas - Revise,; 7•t-1980 ell 11/19/81 SCHEDULE A. GF No B-80241' • 1 1 e Owner Policy No.: 0 1425474 Aii Date of Policy: October 29, 1981 NAVE OF INSURED: CITY OF DENTON, TEXAS. Amount: FIVE HUNDRED AND N01100 ($500.00) DOLLARS. 14 The estate or interest in the land insured by this policy is: (Fee Simple, Leasehold, Easement, etc. Identify or Describe( FEE SIMPLE. 2. The land referred to in this policy i1 descrl'1ed as follows, 5EE EXHIBIT "A" ATTACHED HERETO FOR LEGAL DESCRIPTION OF SUBJECT PROPERTY. SCHEDULE B This policy is subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements insured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this Policy: 1, llestrictive covenants affecting the land described or referred to above. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or amt' encroachments, or any over. lapping of improvements. 3, Taxesfortheyear19 81 and subsequent years, and subsequent assessments for prior years due to change in land usage or ownorship. 4. The following lien(s) and all terms, provisions and conditions of the Instrument(s) creating or evidencing said lien(s): NONE. 5. Rights of parties in possession. 6. Any visible and apparent roadway or easement over or across the subject property, the existence of which does not appear of record. Fold 7. Any part lying within a road or used for road purposes. F,fd r' Countenlpned: STEWART TITLE OF DENTON COUNTfYif INC. C.L. tllrA flA\T/ 1'11M1'.INt ay~s~[/•,.{ ! )11AiJAAA J ~~VVJJ-- /IVt~brl!•d C nl•r{IynHUle b81211 C0 n h Vo J!iO 11 f onn .L) 3 V 1 Attached to and made a part of Stewart Title Guaranty Company Policy No.0 1425474 A Continuation of Schedule A EXHIBIT "A" 11.1 that c(rt lin lot, tract or parcel of 1111c1 lying and being situated in the City ttnd County of Denton, Sx"te of 'T'r.as, ands being pars of cht, B.l;.i;. C.R.R. Co. SIIrv0)F Abstract 1No. 185, any being part of Lot 24, of t1)c C.C. Bell Addition, an addj tion to the City <':nd County of Denton, :nd also being part of the twelfth tract as conveyed from 1'o,stern %'ational Bank to Thomas M. Stirig Icy and r.E. 1;'illeford by Deeed dated 8-29-80 and recorded in Voltime lC331 Pa 1 ' e 176 of the Deed Records of 1) Cn Ct1 County, ,l'c.L':ls, anu T. art i u1arl described a tollo;'rs: ` Y as ieginning at a point ;north S70 52 Ol" East 27.0 feet from the Northwest corner of said two lfth tract and lot 24 of the C.C. Bell Addition, saia point lying on the South right-of-way line of Viithers Street; Thence South 830 521 22 Fast a distance of 31.22 feet to a point for a corner; Thence South 6,90 19' 02" cast a distance of 31.54 feet to a point for a corner on the cast boundary lire of said tract and .he '.;'act 1 C.indary 1 i7 e Cf tr1Ct Of 1C~.i C)'ed by Kathleen n CCI17 n oyd to *lie City of Denton by deed dated 12-31-73 and recorded in Volume 693, Page 716 of tale Beed Records of Denton County, Texas. Thence North 280 2119" Fast along the East boundary line of said tr:tr:r.t and the itiest boundary line of said City Tract, a distance of 20.0 foot to the Northeast corner of said tract, t]1C ~;Ortr li CSt C01'lier C£ 5'- C' ty' tract and the South right-of-l:ay line of dithers Strcct; thence South 87o 521 04" 1°cst along the north boundary line o: s id tract and the South rii*ht - of - hay l ine of Withers Street, a distance of 70.0 feet to the place of beginning and containing 470.75 square feet or ]and tore or less. nilnri':11~ lu r'.., ~1FY, 14n TIRE W; r.y 0 1425474 A torLl'l~i,~1, ~ %!ll~trct.~'c irti+I~- autFi~w tF Fine _3 A,16-WARRANTY DEED-Witt Genera] and Corporarioa AcknerlclymcnU MARTIN Stationery Co., Dallu THE STATE OF TEXAS, DENTON Know All Men By Tliese Presents: . nFFn RFCOROS That THOMAS M. STINGLEY and WILLIAM EAR], WILLF.FORD ~;?os-t of the County of DENTON State of TEXAS for and in run,ideration of the sum of Five Hundred and no cents 0500.00) 1)09111.,ARS, ~j to them inhandhaidby the City of Denton, Tcxns have Granted, Sold and Conveyed, and by there ftrrx'nts do l;rant, Sell and Comey unto the."Id City of Denton, Texas, of the County of DENTON , State of TEXAS all that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the B.B.B. 6 C .R.R. Co. Survey, Abstract No. 185, and being part of Lot 24, of the Denton.,C.andBell alsodbeingnjpart of addition twelfthhtr ct City as acon eyed County from Western National Bank to Thomas M. Stingley and W.E. Willeford by Deeed dated 8-29-80 and recorded in Volume 1033, Page 176 of the Deed Records of Denton County, Texas, and more particularly described as followsi Beginning at a point North 870 521 04" East 27.0 feet from the Northwest corner of said twelfth tract and lot 24 of the C.C. Bell Addition, said point lying on the South right-of-way line of Withers Street] Thence South 830 521 22" East a distance of 31.22 feet to a point for a corner 1 n. VOL II09 rALf 395 1 • 1 ikf Then,;e South 680 19 02" east a distance of 31., 54 feet to a point for a corner on the east boundary line of said tract and the West boundary line of tract of+land conveyed by Kathleen P. Floyd to the City of Denton by deed dated 12-31-73 and recorded in Volume 691, Page 716 of the Deed Records of Denton County, Texas. Thence North 280 21'19" East along the East boundary line of said tract and the West boundary line of said City tract, a distance of 20.0 feet to the Northeast corner of said tract, the Northwest corner of said City tract and the South right-of-way line of withers Street; ence South 870 57' 0,1" West' along tike north ooundary line of said tract and the South right-of-way line of withers Street, a distance of 70.0 feet to the place of beginning and containing 470.75 square feet of land more or less. TO HAV4 AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said City of Denton, Texas, j is successors -heirrand assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators, to 1Varrant and Forever Defend all and singular the said premises unto the said City of Denton, Texas, its successors -heirs- and assigns against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. " W11neas our hand s at Denton this day of or-4 v~- A.D. 1981 l,Vitnesses at Requist of Grantor: 1. . I. ` l S N GY M 1 ~O WILLIAM ~EARL WILLRIORD _ ACKNOWLEDGMENT THE STATE OF TEXAS, s DENTON ' BEFORE ME, the undr.4md N(hority, COUNTY OF....`` .....I--....... 0 in and for said Cnunty, Texas, on G is fay personally app, nd THOMAS M. STINGLEY and WILLIAM EARL WILLEFORD.•.. . known to nn ,,p`Tj KEL41spNwhosc name are. subscribed to the foregoing instrument, and 24r,,01141(dged to me that ........4ey`~?, i~ aled the sa)vtafoP%he purposes and consideration therein ez 1res,.cd. > rf C h ; da ~•11 ~1L! FLNL FLA.\DjND SEAL OF OFFICE., 7hLa of ' 1-. 1. .A. I ft31 . • tli„S-a• ~ .tAa L ~ L>rti ~1/G . 46 % n Notary public r 1ti ~ Y1 County, 7ezas My Commission ExpinVs Junc.:..... ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE \IF„ the undersigned authority, COUNTY OF rJ in and for said County, Texas, on this day personalty appcarnl _ known to me to be the person........ whose name............ ....................subscribed to the foregoing instrument, and acknuuledgcd to me that he......... executed the same for the purposes and consideration therein txpresscd, GIVEN CINDER MY HAND AND SEAT, OF OFFICE, M...._ day of...._........ A. D. 19.._.......... (I. S.) Notary Public ......,...........................,............County, Texas Sty Commission Exp1rcs June... 19.......... CORPOFUTION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE 111E 'he undersigned authority, COUNTY OF In and for said County, Trzas, on this day personally appcarrd..................................................................._............................. _ known to me to be the person and officer whose name L% subscribed to the foregoing instrument and arknoa ledged to me that the same was the ad of the Bald , cogantion, and that he executed the me as the ad of such corpurarinn for the purposes and consideration therein txpressed, and In the capacity therein stated. GIVEN UNDER DIY HAND AND SEAI. OF OFFICE, Tbis day of................................,.......,.........., A. D. 19...... Notary• Public .....................................................................County, Texas My Commt«ion Expires June 19.......... THE STATE OF TEXAS, COUNTY OF a County Clerk of the County Court of Bald County, do hereby certify that the foregoing Instrument of writing dated on the _ .............................day of..................,....... A.D. 19...... , with its CCrtifica(e of Authentication, was fiicd for record in my office on the Aay of............,................................., A.U. 19........... at.. o'clock.......,......sl., and was duly recorded this................... day of A.U. 19.._......... At_...... . ,o'clock.,....... K, In the Records of said Courtly, In Vol- ume...................... on pages......................,.,.............,..,....... WITNESS my hand and cal of the County Court of sold County, at my office In.. _ ......,,...................,......,,.the day and year last above written. Clerk County Court .............................................................._...............................County, Ttaaa (U.) By- , Deputy, vx110J rA6E 397 iI h ~y f , V ~ r t? i, et ~ w Y, P a" 1 ~UD R X3l 10 :0 r 3 1 d' H !tr' iM ' k Cl n I 10 D) A o , of o i $ i I I ~oYe~n be l' DEEb kECORDS THE STATE OF TEXAS § § SANITARY SEWER EASEMENT COUNTY OF DENTON § i a3~ ~~S)C7 We, H.S. Osborne and wife, Edna M. Osborne, for and in consideration of the sum of one Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, paid by the City of Denton, Texas, a Municipal Corporation of the County of Denton, State of Texas, hereby give, grant, largain, sell, and convey to the said City of Denton, Texas, its successors and assigns, the right to install, maintain, and replace a sanitary sewer pipeline across and under the following described tract: BEGINNING at, a point North 890 37' 22" East 275 feet from the Southwest corner of a tract of land out of the William Roark Survey, Abstract 1087 and the B.B.B. and C.R.R. Company Survey, Abstract 196, Denton County, Texas, such tract shown of record in volume 802, Page 844, Deed Records, Denton County, Texas; THENCE North 190 54' 38" West a total distance of 539 feet to a point in the Northwesterly line of said tract, said point being in the Southeasterly right of way of State Highway 377 and being North 420 51' East a total distance of 264.0 feet from the Northwest corner of said tract, said course and distance being the center line of said easement. Such easement being in two parts: First, a temporary easement 30 feet in width on each side of the above-described center line, (a total width of 60 feet); and Second, a permanent easement 10 feet in width on each side of the above-described center line, (a total width of 20 feet), The temporary easement shall be used only so long as is reasonably necessary to prepare the site, install the pipe, and restore the surface as nearly as feasible to the condition in which same was found before such work was undertaken. The permanent easement shall be perpetual so long as t:ie sanitary pipeline is used. If the use of the sanitary pipeline shall cease for any continuous (-month period, this easement shall terminate without any further action of Grantors, and the title to such easement shall revert to Grantors, their heirs or +0s 1~.1~1 I'M' 673 Page I - EASEMENT i assigns. VCL11'11 ME 6174 The top of the pipe shall be buried below ordinary plow depth. Grantee shall clean up the job site by removing all trash, brush, debris, excess excavated material, and similar items, shall back fill the ditch and restore the topsoil, and take such other actions as mayybe necessary to return the surface of the land to as good condition as possible. Grantee shall make such additional repairs as may be necessary to prevent the land from settling and creating a ditch. Grantee shall repair all fences that might be disturbed or damaged. Grantors reserve the right to use the surface of the land included in the easement for ordinary purposes of ingress and egress. Should Grantors desire to place permanent improvements such as roads or utility lines over and across the easement, Grantee shall not unreasonably withhold consent to such improve- vents. Grantors, their heirs and assigns shall not place any permanent improvements over or across such easement which would potentially cause damage to the pipeline without first obtaining the written consent of Grantee. The City of Denton, Texas, its successors and assigns, shall have and hold all of the privileges incident to such easement forever, together with the right and privilege at any and all times to enter upon the permanent easement, or any part there3f, for the purpose of repairing, replacing, and maintaining such pipeline. SIGNED this 4A4 day of 1981. H,S, flS80RNE _ EDNA M, OSBORNE, by H.s. O o r n e Attorney in F'aot Page 2 - F'ASEMENT THE STATE. OF TEXAS § § COUNTY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared H.S. OSBORNE, Individually and as Agent and Attorney in Fact for EDNA M. OSBORNE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this d~10~ day of Go4obe-r, 1981. Notary Public n an~for Denton County, Texas My Commission Expires: lp-d'C2b6 f vo~111~ WE Page 3 - EASEMENT VOL till I'EGE III, 1+0 1 = + ~ ps~~ f I N I ~A STATE OF TEXAS § s ~ ~ tip COUNTY OF DENTON S DEED RECOR119 t? POWER OF ATTOR14EY 24099 I hereby nominate and appoint my husband, H. S. OSBOXNE, as my Attorney-in-fact to do any.and all acts which I might myself do in- cludinq but not limited to the following acts: s To receive all checks and ca:-,h which might be due me; to give l receipts for funds due me; to endcrse, cash or deposit checks; to write checks on checking toccountr,; to surrender and cash savings accounts, certificates of deposit, and other similar time deposits! to surrender and cash bonds; to execute ccnveyances and deeds to- gether with warranties; to transfer stock and other securities; to pay debts; and all other acts reasonably necessary to conduct my business. This Power of Attorney shall remain in effect perpetually unless I record a revocation of the same in the real estate records of Denton County, Texas. This Power of Attorney shall be effective and valid in spite of any disability which may befall me under Section 36A, Texas Probate Code. I hereby ratify and confirm any acts taken by my Attorney-in-fact pe.rsuant to this Power of Attorney until the same be revoked or become legally ineffective because of my death. SIGNED this day of 1979. i ' Edna M. Osborne i E STATE OF TEXAS S' S COUNTY OF DENTON S BEFORE ME, the undersigned authority, on this day personally appeared EDNA M. OSBORNE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that , she executed the same for the purposes'and consideration therein ex- pressed. VEN UNDER MY HAND AND SEAL OF OFFICE thiq ~`2.. day of AG 19 79 . t o Denmllrlu 33H3HI to Count , e for •ti~ 1 , hF /J0 YTI'U00,J thu ,~r',,r le, ...FILED.F _R~W~---X.&a _ ~r A.D.-{980, rlt~rL~ . • RECOR D [t ' OF A.D. 1980. MAR f}~II L. CO Y CI LRK, N70 COUNTY, TEXAS. ~C BY; . DEPUTY. LL9 vh TTITian , r., a P~ Nx n cn n w ~ ft `C O (n o a ~n rt o (DD 0 O 0 H rt P. 0 (D rt [*1 Ul M rt ~ o~ tN CN~c~1,S SSS poo16% ,t ti •O 01 w 540 Q!3' W\1~M \1+i\ p Qaa' d o~d pn S,m~,,d Sum 1 00 , IV T ' Vol", g'ron ~e, A AMD OORRECT DOPY, I H R6BY "FY n>~ y of MARY JO 'i L V VbL 10 r s' RDS A CITY OF DENTO:N gs~ L , VOL1111 IxE O%N! PUE 5-20-81 DEED RECORDS PUBLIC UTILITY EASEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That the Texas National Guard Arsory Board hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of One Dollar ($1.00) cash to Grantors in hand paid by the City of Denton, the receipt of which is hereby acknowledged, and the further consideration of the benefits to be derived by Grantors from the placing of public utilities, including but not limited to water mains, sanitary sewer mains, gas mains, electric poles and lines, telephone and telegraph poles and lines, through the premises hereinafter described, have this day Granted and Conveyed, and by these presents do hereby Grant and Convey unto the City of Denton, a municipal corporation situated in Denton County, Texas, an easement to construct, reconstruct and perpetually maintain public utilities, including but not limited to water mains, sanitary sewer mains, gas mains, electric poles and lines, telephone and telegraph poles and lines or authorize such construction by any public utility company, in, upon and across the following described land, to-wit: All that certain tract, piece or parcel of land, lying and being situated in the County of Denton, State of Texas, described in EXHIBIT "A" attached hereto and made a part hereof for all. purposes, to which r6ference is here made for a more ?articular description of said property; TO HAVE AND TO HOLD the same perpetually to the City of Denton, its successors and assigns, together with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing and maintaining said public utilities, and for making connections therewith; al.l upon the condition that the City of Denton will at all times after doing any work in connection with the construction or repair of said public utility restore the surface of said premises to the condition in which the same was found b.-Fore such work was undertaken. EXECUTED this the 4th 'day of November , A. D. 19 81 , Texas Na iona G rd Armorv Board Attest: By ~ Zr~ T. W. Meek, Director .*THE STATE OF TEXAS § COUNTY OF TRAVIS § BEFORE blE,,, the undersigned•,zuthority, ins and for aid 'County, Texas, on this day personally appearedl T. W. MEEK , , Director of the Texas National Guard Arm. -try Board known to me to be the person whose name lis) ~3"34 subscribe,' to ,thy foregoing instrument, and acknowledged to me that _ F executed the same for the purposes and consideration -thereon ..expressed. c+r `PAY PUS : `p~;•',... VAN UNDER MY HAND AIND SEAL OF OFFICE, This the 9th day t~. ~ Aye oyember -,,A.D. 1981 V _athleen B. Howell NO'T'ARY PUBLIC IN AND FOR ~r•7i:^~~ TRr.7IS COUNT,', TEXAS My Commission expires: October 31, 1984 THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the personr whose name- (is) (are) subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration oherein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of , A.D. 19 NOTARY PUBLIC IN AND FOR COUNTY, TEXAS My Commissie:, expires: , THE STATE OF TEXAS § COUi1TY OF § BEFORE ME, the undersigned authority, ill and for said County, Texas, on this day personally appeared known to me to be the person and off'.cer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of , A. D. 19 . NOTARY PUBLIC IN ANO TOR COUNTY, TEXAS My Commission expires: 961 EXHIBIT "A" ~Y~L.11.I PAGE 962 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the E. Puchalski ^ourvey, Abstract No. 996, and also being part of a tract of land as conveyed from W.C. Potter and wife Maybell Wallace Potter to the City of Denton and the County of Denton by Deed dated 12-13-52 and recorded in Volume 383, Page 187 of the Deed Records of Denton County, Texas, and more particularly described as follows: Beginning at the northeast corner of said tract, said point being the intersection o' the north right-of-way liiie of Prairie Street with the west right-of-way line of Interstate Highway 35-W, said point also being the northwest corner of a tract conveyed to the State of Texas by deed recorded in Volume 536, Page 44 of the Deed Records of Denton County, Texas; Thence south 30 45' 16" east along the west right-of-way line of IH-35, same being the east boundary line of said tract, a distance of 392.54 feet to the southeast corner of said tract; Thence north 880 13' 39" west along the south boundary line of said tract, a distance of 16.07 feet to a point for a corner; Thence north 30 45' 16" west 16 feet west of and parallel to the east boundary line of said tract and the west right-of-way line of IH-35W, a distance of 392.61 feet to a point for a corner on the north boundary line of said tract; Thence south 870 59' 36" east along the north boundary line of said tract, a distance of 16.08 feet to the place of beginning and containing 0.144 acres of land more or less. f y i.r i PC O H O rt 9 1-C CUM t., P. : I:ILLC7 M ,y F ~ . ,.q r Z ~ H \ 9 tri valiY1 PAGE M VIA ~ ors r, r ~ u n G s ?C W n?' Vi ^ o O N 14 .'~.l _....11 V PAGE 956 33,120 f THE STATE OF TEXAS Q "NOW ALL MEN BY T8 ft E-PRESENTS: COUNTY OF b:NTON G DEED RECORDS ' THAT We.., -boy - Sr,outs__of_A_merica for and in consideration of the sum of one Dollar (51.00) cash to us in h,+nd paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue tc. ca, property, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construr.t or reconstruct utilities and perpetually maintain an All-Purpose Utility Easement in, upon and across land described as follows: Said Tract being in the James Edmondson Survey, Abstract 400 Denton County, Texas, and Recorded in Volume 450 + Page 526 in the Deed Records of Denton County, Texas. Said easement crossing this property, cuuprising two parts, as herein designated and described, including (1) a permanent easement _10_ feet in width, for construction, or reconstruction of utilities and appurt- enances, and for perpetually maintaining an All Purpose Utility Ease- ment, and (2) an additional area adjacent to the permanent easement -An feet in width, to be used for initial construction. PART 1. PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the South line of the aforementioned tract of land, said point being in the center of Hickory Creek at a point which bears South 13 degrees 20 minutes 54 seconds East of the Northwest corner of said tract; THENCE North 08 degrees 54 minutes West a distance of 74.5 feet to a point; THENCE North 79 degrees 18 minutes West a distance of 353,6 feet to a point; THENCE North 5.1 degrees 45 minutes West a distance of 32.9 feet to a point in the Weft fence line of said tract, said point being South 1466.0 feet from the Northwest corner of said tract. PART 2, CONSTRUCTION EASEMENT In addition to the 20 foot permanent easement as described above, an initial cunstruction easement CO foot in width is to be furnished. This easement shall be adjacent and paraflel to the permanent easement and shall be 20 feet in width on each sido of said permanent easement, The Construction Easement to be used for initial construction only. 4W r 1 / V 1 The City of Denton, Texas, shall have the rigftt and privilege to remove and'dfspose of, off the'site, trews, br+ish., debris, excess exacavated material, etc, in the eAenents, that .gould interfere with access to the construction site and that would interfere with construction of the said facilities. TO HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the said City of DEncon, Texts, its successors and assigns forever. together with the right and privilege, at any .ind all times to enter said premises or auy part thereu,, for the purpose of constructing, reconstructing i. ,..d perpetually maintaining said facilities together with necessary a r,ancas inside said Per• ppurte- pe.jal easements and for making connections therewith; 6. upon the con ition that the City of Denton, Texas, will at all times, efESr doing any ~york in connection with the construction, reconstruction cr repair of said facilities restore said premises as nearly as feasible to the condition in ..hich same were found hefore such work was undertaken, including repair of all fences that might be disturbed or damaged in per- forming said work, and further upon the condition that in the use of the aforesaid rights and privileges herein iranted, the City of Denton, Texas, will not create a nuisance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Genton, Texas, for any other purpose, under this grant. except as herein provided. WITNESS UIR HA MM this n 1 + day of A.D. 19-91. 67k W4~21 Q1111 IME 907 ~T4S4 sTA0 ' or, TEAS 5 COUNTY . F , VOL1111 f~cf 958 O BEFORE ME, the undersigned authority, in Cared for aid Count, TT?xas, on th's dal personally appeared 1 r r► _.~ryt_i known to me to be e persor~5 whse name (is) are subscr-ibed to the foregoing instrument, `end acknowaledged to me that h executed the same for the purposes and consideration heec n expressed. IVEN U DER 1r1~' HAND AND SEAL OF OFFICE, This the J day off A. D. 19~. i N T Y P B C 3N AND FOR COUNTY, TEXAS 4C' Q 1Hy Conunf4i ion expires: ,'1 fl THE STATE OF TEXAS § COUNTY OF 9 BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared to me to be the known person whose name e (is) (are} subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideratioii therein expressed. GITJ`EEN UNDER MY HAND AND SEAL OF OFFICE, This the day of , A.D. 19 NOTAP,Y PUBLIC IN AND FOR COUNTY, TEXAS My Commission expires: THE STATE OF TEXAS § COUNTY OF 5 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 acknowledged to me that the same was the act: of the said a corporation, and that he executed the same as the act of such corporation for the purFos?s and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of , A.D. 19 NOTARY PUBLIC Iii AIoO FOR COUNT'L, TEXAS My Commission expires: , C"l z° ~ COUN~lCIEtd„link d,lE~. ~ Z.VOL1111 PAGE 959 will t a~ lik Hr . [till STATL Uf T! CUI 'iTY UL LL1i { DEED RECORDS t:l, " Al L Ma III LY THESE PR! ` 1 It l S ; , THAT We, ,rl Edwards It ux truth Edwards 3?rfi ! t +.i 'i till::ltiel'atiorl lil [tie Slit' ,I, iilit' y ( 1 ft'll t,11, It-?,,i r..,. ic1Flal t.ui !lu n 111 lc',1~, till rt~t. I'!l!t UI Which i', it rc, w,r, t^_1 Ill i U r' i,'', I ,tllti VdiUJb U li flSl ierai :till il;.Iuding Ulu I)t' tip+t l'. dt(In' I : ,tt' lil'l E l du her,.l!y L'f~t. (.ftl~Nl drlCI ExI11i!' Ie,K~1S ltS e a r', a n t I J`,.Idr15, tht' I I I ' 1.~: UII.tt lIT.111t1t'1 ''tfj 1iQr°1)etU<1II ill,tintain all Ill' - and a(I'ut;, Iaiid d e s c i 1'. f o I I o' Said 1r7~ in rhrr Gideon Walker 5urvty, r~h~,trt,ct 1330 Uentatl Cuanty, 1+:.,r;, arli kc,.;, 1t'I ill ,Illlt nl 794 t Pd(ic 461 'Il the Deed kt. ~'l': of Rerltt,n cuunt_rt, S'lid easelllunt cru.',it,y this i';inJ two ;tarts, a, herein de,iyndted anti dt':,l it,ld, in(.iudinti (1) ,t !,:Illl,lnent Oastnent 20__ fee', in width, fur' fU1,,tt'tir-t1U11, or I'f.':_urlStrU, I i;,rl (li ,'tllltils dnd appurt- en,lrlces, and lur ICI-II,t'tu,tlly i-wiul.,fiTi ill,I I f,ll 1'urpnse Utility Ease- ll JUlVt, dnd ( rlr: :Id ItlU7W1 brt'a :III J dl(:h~ 1 c c en , feet in :Ilt!Lh, t,, Le u•,':d tr,,r, rol l ;:I ! tf n l ; t r u ct iuLu l i t c' d rtnt a0 Iln, f'AItT 1. PEkh1A11E1 L,"i';IMCI'T Wlfil i'IlilEkl 1H: IU:,T'I'18L0 P, FULLfI'rl5; BEGINNING at a point in the South line of the aforementioned tract of land, said point being South 88 degrees 19 minutes 20 seconas East a distanc' of 790.6 feet and South 87 degrees 22 minuses 10 seconds East a distance of 769.02 feet from the Soutrwest corner of said tract of land; THENCE North 36 degrees 07 minutes East a distance of 265.6 feet to a point; THENCE North 89 degrees 00 minutes 15 seconds East a distance of 479.85 feet to a point; THENCE North 14 degrees 53 minutes East a distance of 654.55 feet to a paint in the North line of said tract, said point being South 72 degrees 44 minutes East a distance of 1247.8 feet from the most Easterly Northwest corner of said tract of land. PART 2. C01,11;11, , , f f ON LASM-N In addition to th(., 20, fuut i'el'nldnent easelllent as described above, all initial construction eateutul. Pout in width is to be furnished. This easement s►ldII be adjacent dnd ft4Ga11ei to the perulanent easement and shall be 20, feet in width all edch situ' of said ;:,:rluarlent easement. The Construction Easement to be used for i0 ti,,l construction only, IYOJ111 PAU 663 . ~ . ; vo~1111 "he City of Denton, Texas, .hall havi the right and pr Wicilc) towrc~~w end dispose of, u'ff the tr'ces, trrush, debris, excC-10; exacavatel material, etc. in the, easeucl,ts, that would interfere with access to (Onstl'uction slte and that r uld interfere with construction of the sai,t facilities. 10 HAVE AND TO HO: D, all si-gular, the privileges aforesaid to it, the bead City of Pirion, Tees, its successors and assign forf,ver, together with th-': r iyht and ;li ivileoe. at acy ;;;d all tine s to enter aid pr&lses or ane l'i7rl for UIL UVI~1')' of ,tA col structing, recon,,tructing ,,u6 perpetually maintaining said facilities toyl~ther with necessary appurte- +onces inside said perpetual easements and for making connections therewith; upon the coil ition that the City of Denton, Texas, will at all t'mes, after doing any work in connection with the construction, reconstruction or repair of said facilitir, restore said premises as nearly as feasible to the condition in r)hich same were found before such work was undertaken, including repair of all fences that might be disturbed or daniaged in per forming said work, and further upon the condition that in the use of the aforesaid rights and privileges herein grarnted, the City of Denton, Texas, will not create a nuisance or du any act that will be detrimental to said premises and that said tract will riot be used by said City of Denton, Texas, for any other purpose, Amer this grant. except as herein provided. WITNESS OUR HANDS this day of &eL7 V C0U?'r,. f; ► FiESI~;g titr_ 1tnder ; - r T tilor i r in lnt7 for ~i County O ft t.ll5 i,-IY r ;1L1.J ,i;~tl-?.• , ' t0 m, t0 ilia tae re Con y 57;1Ot:'_Q1111 t--fir .f1041i1 tn° FOLE'yd?Cry ins t r i U~:3Cr;ber2 to JJl.I1iirl" i:C•nOt4J.E."ijn;Z tV n° ha ~Lfi execu t 0 the s_ me '(,)r rle r d cons ic?e irJZ ti erel n expressed. GIVE Dom:; 2"' HAND _ dad of _ A.D. 19_~~_• - COUNT'-,", My CJ 10 E::D;r C,• - - Tf . q K •I 4'0L11~1 PAGE 6~1rJ a 1 YOi1~1~ F'AGf 666 IT, 5C4[E; 200' . ,T i ~r, !1 ~ 11 ~4 6 /tic). CONS,; f3 % lrl CD r t J~ r l 1 rn ~'XJ /~EQi1~'1,QN: NAT ~ r ! ; I ~ • ,4LL /JU/1hr?SE 111 I . UT/L l T Y E.45 EME=/1/j / I ~ I ; /'D/N j f3EG/NN/NG 110,214C 76NCT Ai Ac vol. fe' • 1 yah0 t Oro) R , ' r ~iq0 Iti~ a1 Ise ~CR~ ash NON ~n fit r W err' D ((DD rt voclll~ ~acf 667 a' . 1 THE STATE Uf TEXAS p r,Y0~1111 YbGFG~8„ CUrJNTY OF bEa10N KNOB( ALL MEN BY THESE PRESENTS: I ,GEED RECRRD9 THAT WE, PHYLLIS LEE BREEN for an;l in consideration of the sum of one Dulldr ($1 .0U) cash to u', in hand paid by the City of Denton, Texas, a wunicipal corporation of the Luunty of Denton, State of Texas, the receipt of which is hereby acTnowieOded, and other good and valuable consideration including the benetits that will dccrue Lu our property, do hereby GIVE, LRANT and EMEND to the Sai,'City of Di.uton, Texas, its successors and dssigns, thu right to constru(.t or reconstruct utilities and perpetually maintain an Ali-Purpose Utility Ea,x+nent in, upon and across land described ds follows: Said Tract beiml in the Wm. NEIL Survey, Abstract 270 , Denton County, Texas, and Recorded in Volume 427 Page 183 in the Deed Records of Denton County, Texas. Said easement crossing this property, comprising two parts, as herein designated and described, including (1) a permanent easement 20 feet to width, For construction, or reconstruction of utilities and appurt- enances, and for perpetually ;ndintdining an All Purpose Utility Ease- went, and (1) an additiondl urea adjdcent to the permanent easement -40 feet in width, to be usr.d for initial construction. PART 1. P11,MA,NLNT EASEMENT klfll CENTERLINE. DESCRIBED AS FOLI.OWS: BEGINNING at a point in the South line of the aforementioned tract of land, said point being West a distance of 255.9 feet from the Southeast corner of said tract; THENCE North 01 degrees 00 minutes West a distance of 1305.75 feet to a point in the North fence lire of said tract, said point being in the South line of Airport Road and being 278.69 feet West of the Northeast corner of said tract. PART 2. CONSTRUCTION EASEMENT In addition to the 20 foot permanent easement as described above, an initial construction easement 40 foot in width is to be furnished. This easement shall be adjdcent and paraTlel to the permanent easement and shall be 20 feet in width on each side of said permanent easement. The Construction Easement to be used for initial construction only. ,t lie City of Denton, Texas, shall have the right ari: privilege'to remove and dispose of b off the site, trees, brush, debris, excess ejacavated material, etc, in :he easements, that would interfere will? access to the ti ronstruction site and that would interfere with construction of the said facilities. TO HAVE AND TO BOLD, ail sing±lar, the privileges aforesaid to it, the said City of De'I'Lon, Texas, its successors and assigns forever, together with th,- right and privilege, at dny and all tim:-s to entz.r said ,:remises or any part thereof, for the purpose of constructing, reconstructing acid perpetually maintaining said facilities together with necessary appurte- rnancas inside said perpetual easements and for making connections therewith; upon the con ition that the City of Denton, Texas, will at all times, afEer doing any work in connection with the construction, reconstruction or repair of said facilities restore said premises as nearly as feasible to the condition in which smile were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in per- forming said work, and further upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas, will not create a nuisance or do any act that will be detrimental to said premises and that said tract will .got be used by said City of Denton, Texas, for any other purpose, under this grant, except as herein provided. WITNESS OUR HANDS this day of /o /F A.D. 1991. ■ ;VOL1111 PACE sJ~ 4 THE STAIC E OF' TEXAS COU?,TY 01. VOL1111 PnE 670 0LI.-Oc2E hl E, the undr-r.sirint'd authority, in and for said County, Texac•, on this c y Pe really appeared _ k. ~~~~5'__t . <'~..«i'~✓ - known to me to to -k~4" person whose nawo (is) (erYe) subscribed to the Co4-egoing instrumert, and acknowledged to me that 5' he executed the same for the purposes and consideration therein expressed. GIVF;N UNDER MY HAND AND SEAL OF OFFICE, This the day A. 1). 1g.dz r•,~. =ze--;;x N ARY P B LC TN AND FOR COUNTY, TEXAS My Cammis'sion expires: W , THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person whose name (is) (are) subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of , A. D. 19 NOTARY PUBLIC IN AND FOR COUNTY, TEXAS My commission expires: , THE STATE OF TEXAS § COUN'T'Y OF § BEFORE 14E, 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 acknowledged to me that the same was the act of the said a corporation, an t at he+-'executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of , A.D. 19 NOTARY PuaLiC IN AMD FOR COUNTY, TEXAS My Commission expires: r ,o/~~o~r 1oar~ WES r rtY°'~~ I -~978.69' SG44E. goo, • ~ ~PE,?MANENT J ALL /~U/>~SE J (IRZ TV EASEMEwj I ) l.~V II 10 n J ?CJ ~ jEMPoP.Q/11~ I ' r' CONS712x r/ON EASRiT. C=ACN S//~E ~ ~ ' 411 ~ I° 0 I ° I , I I ' I I lL/EST ' 26x9' PO/NT ~/3E'i's/NN~N6- E/.X!//N A ~4pEL, ,P, RS. "V /98/ 4IM 17Y F 46EMSA TF 104MICIle SIPSC/V elux VOL. 427, ,q,4a 183 , /JEE/J /1E'Cb/1lJS /.),6iV7UlV C6ylVTY, TO tvo~11~1 f~icG71 0 001 ZS7A ec v~ too C~ too coo op d e~' can ufi W4' n-'~ aN tibi e s ~:d t*.n AjN` V i~ 1°lal ~ ~ ► o~ o",tio ~ 004 a Vo11111 YALE 672- ~ a C r rn o _ O v r C• C~ oQ d i I► ~ 11 9c,4 E THE STATE OF TEXAS, KNOW ALL MEN BY T ES PRESLT TS: i COUNTY Oh Denton ' II O{ ECl RECORDS i3 Pll,,l John T. Green and wife Brenda S. Green f f j of Denton County, Texas in consideration of the sum of j One Dollar ($1.00) and no/cents and other Bond and valnahl consideration I I~ in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Denton, Texas the free I~ i f { and uninterrupted use, liberty and privilege of the passage in, clung, upon and across the following described property, owned by them . Situated in Denton ('aunty. Irx n, in the J. Brock Survey, Ahstrdct No. 55 I All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being, part of the J. Brock survey, Abst. No. 55, and being part of Lot No. 16, Bloc]: 3, of the Replat of the Mach Addition, an addition to the City/County of Denton, and also being part of a tract of land as conveyed from Danny L. Smith, et ux to John T. Green and wife Brenda S. Green by deed dated 6-11-81 and recorded in Volume 1082, Page 357 of the Deed Records of Denton County, Texas, and more particularly described as follows: Beginning the north 5 feet of said lot and being 152.02 feet in length ~I and containing 750.10 square feet of land more or less. I IT HAS BEEN AGREED THIS DATE (11/11/81) THAT ktL OBSTRUCTIONS WILL BE REPLACED TO I THE CONDITION IT WAS PRIOR TO REMOVAL.~,fff li i{ I III it 3 And it is further agreed that the said City of Denton, Texas in consideration of the benef its above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. II For the purpose of constructing;, installing, repairing and nerpetually r maintaining electric facilities in, along, upon and across said premises, with the right and privilege at all tunes of the grantee herein, his or its agents, empleyees, workme having ingress, egress, and regress in, along upon and across said remises for the p o M a s to, improvements on and repairs to the said electric facilities any part thereof, TO HAVE A 110 unto Ip id City of Denton, Texas as aforesaid for the purposes aforesa described. Witness , this the /Cv~, day of November, A.D. 19 81 y een Brenda S. Green 1 A(A O'i11,hI)('r11F,NT THE STATI sOF TEXAS, e COUNTY OF Denton f FiEFORE ME, the undersigned authority, in and for said Cornt~ , Texas, on this dny per:, John T. Green and Brenda S. Green known to me to be the lie qu h;,•ribr, { to th,• fnmycinp inMru,nent, and ;icknntrledged to me that t hey executed t cm tl pat I r,4ISii]Nntinn therein etpres~cd. GIti'F.N UNDI # IIAN ND S}, r)F'FlCI 'I'hi. /tZ ,la . of Novo her r 81 A. 1). IJ lL.S•) QtCI ~.Ut~ N• t.ti 11" ai County, Texas Sly (1,1 gh,n F.ali1,', ~ _021-.61- THE STATE ON' Afl~' COUNTY OF j 144'01W SIF;, ihr undo rar.rrd auih-,rity, in and forsaid County, Tcxa,, on this known to me to be the person u$nso name h. I t 1l, L rr^'ir IF It „m•.,nt, .md arkm- l,•dytr,l t„ me Ihnt he. executed the Dante for thr put pc ;,t,d r b r,,ti !F, .n r,lr.,.,•{ GIVEN UNDER MY HAND AND SEAU OF' 141- li'l' 'I .4,I1. Itt Texas Sly C, - CORPORATION ACKN0MJA)U,NIENT THE STATE OF TEXAS , 1 COUNTY OF. 1 PEFORP }IE. the underslKned authority, in and for said County, Texas, on this day personally appr•artd whose name is sufiseribed to the forgoing instrument n me to be the and ncknu%lvdgvd to ntelhat thesame ras the Act Of n he said a corporation, and that he executed the mama as the act of such corporati,m for the purposes and consideration thereln expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of A.U. 19 (L.S.) Notary Public, County, Texas My Commission F.xrirea . CLERK'S CERTIFICATE THE STATE OF TEXAS, l COUNTY OF County Clerk of the County Court of said County, do hereby certify that the foregning instrument of w 'ngt nn the day of _ A. D. 19 with its 'CCICII a ~f' uthent~~~ and a filed for k record is my office oa the day of A. D. 19 it` Y 6 O'clock v r „ .,Ind duly recorded this _ day ofA. D. 19~-i ",~t` fA`' o'clock in the 01 Records of saiounty, n 21 WITNESS MY HAND AND SEAL OF Tiif, COUNTY COURT tf Cs aid Coul t t t h r+ r on p a3 t; e ha C./ the day and yerv last nbore ILA y F, r5 County Clerk is unt T{cas, )U ut 1~ ~ ~ ~ ; ~ Y V y M F G tT b + r •I v di G r~ o q i a) ~ o 0: ~4! u x kJ319 uw a c -9 2-d i lib t ,il v E v a • A 1 w o a) u 1: j j adl h t U I I E ~ I~ t YC1'1 VA1955 ~5 1 L ,STATE OF TEXAS ' : fiY l rw 84U COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: DEED RECORDS ' THAT We, Arden 5. 1';irkes, Sr. et ux Lucille Parkes , for and in consideration of the sum of one Dollar (041.00) cash to us in hand paid by the City of Denton, Texas a municipal corporation of the County of Denton, State of Tt;x"ns, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct or reconstruct utilities and perpetually maintain an All-Purpose Utility Easement in, upon and across land described as follows: Said Tract being in the J. Edmonson Survey, Ahstract 100 Denton County, Texas, and Recorded in 1'01umc 5011 Page 279, in th° Deed Records of Denton County, 'T'exas. Said easement crossing this property, comprisinel two parts, as herein designated and described, including a permanent easement 20 feet in width, for construction or reconstruction o utilities and appurtenances, and for perpetually maintaining an All Purpose Utility Easement, and (2) an additional area adjacent to the permanent easement 40 feet in width, to be used for initial construction. - PART 1. PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the liast line of the aforementioned tract of land, said point being South 1466.0 feet from the Northeast corner of said tract; THENCE North 53 degrees 45 minutes West a distance of 481.0 feet to a point; THENCE North 82 degrees 34 minutes West a distance of 345.0 feet to a point in the West line of said tract, said point being in the East line of Bonnie Brae Road at a point whicii bears South 32 degrees 42 minutes 12 seconds West a distance of 1351.13 foot from said Northeast corner of said tract. PART 2. CONSTRUCTION EASEMENT In addition to the 2 foot permanent easement as described above, an initial construct on easement 4 foot in width is to be furnished. This easement shall be a acent and parallel to the permanent easement and shall be 20 feet in width on each side of said permanent easement. TfiF-Construction Easement to be used for initial construction only. n ~ The City of,Denton ,"Texas, shall hav: the right and privilege to remove and dispose of, off the site, trees, brush, debris, excess exacavated material, etc, in the easements, that would interfere with access to the construction site and that would interfere with construction of the said facilities. TO HAVE AND TO hOLD, all singular, the privileges aforesaid to it, the said City of Denton, Texas, its successors ,and assigns forev3r, together with the right and privilege, at any and all tim--s to enter said premises or any part thereu•, for the purpose of constructing, reconstructing c.;d perpetually maintaining said facilities together with necessary appurte- nancas inside said per•pt2~ual easements and for making connections therewith; s7•, upon the con ition that the City of Denton. Texas, will at all times, eft:r doing any work in connection with the construction, reconstruction cr repair of said facilities restore said premises as nearly as feasible to the condition in which sarne were found hefore such work was undertaken, including repair of all fences that might be disturbed or damaged in per_ forming said work, and further upon the condition that in the use of the aforesaid rights and privileges herein iranted, the City of Denton, Tr1xas, will not create a nuisance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Centon, Texas, for any other purpose, under this grant, except as herein provided. WITNESS OUR HANDS this 1 daY of LL L , -bk'r__, A. 0. 1931 1~ 01 tvotlU2 ew 841 THE STATE OF TEXAS 5 COUNTY OF t voi,'AGE 842 DEFORE ME, the undersigned authorit count r1 xasr on th' da y' In Ind for ~Q ~ Y personally appeared - ~~1 5 to me` to be the persons whose name known the foreg-)ing instrument, and acknowledged r t(oa me thatcca Fie.f~ to executed the same for the purposes and cons expressed. ideration therein N WIDER MY HAND AND SEAL OF OFFICE, This the of NA V , A.D. 19~. day PGaL.IC: 1- FOR - At '(DT COUNTY, TEXAS My Co, e. THE STATE OF TEXAS COUNTY OF 5 BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared _ to me to be the person _ known whose name (is) (are) subscribed to .the foregoing instrument, and acknowledged to ne tijat he executed the same for the purposes and consideration herein expressed. GIVEN UNDER MY HANG AND SEAL OF OFFICE, This the y of A.D. 19 a NOTARY PUBLIC IN AND FOR COUNTY, TEXAS My Commission expires: 7 THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the ;arson - ,nd o iaer whose name is subscribed to the foregoing instrumen t, and acknowledged to me that the same was the act of the said corporat on, and that he executed the a such corporation for the purpos-is and consideration ethereiin expressed, and in the capacity therein stated. GTVE,J UNDER MY RAND AND SEAL OF OFFICE, This the day of , A.D. 19 NOTARY PUBLIC I,I ANO FOR COUNTY, TEXAS My Commission expires: X50 o0 - 400 ~a h f~E✓1,~,aNEw1" 2v' 4162 V4 Q ~4s p I 20 TEWl, VRAQY EA5,41 E.4CN $I/JE v\ Cj Q N/CA'OQV CP~'E4' /00/"V r U 7/4 ~r Y S464601Y N7we Wl:)oCPN F IOAANl,E S e lux I/OL. 504, PArF 279-rEEO ,PEGbrl/JS A. AAEL /9,9/ DENM/y COUN7'V ~ NOi/~M/3E/1 , ►Y01~1~~ IACE8 w n cn r, `C rr r• M G N - _ \ n rt t4 . o (I> - O ~ W rt a a-Ilk O\`UOa O 8 A w C 1 t1 • " J J n r>. Ih P►. 1l P' 7 E. n _h~J1r ~ i . • fI ♦ s 1 3 - r , p,i~3" l r6t + 1U 'i f'k.:~4J' ~J^' • _ .~.~irlli f ~ rI r ~ Y~j.a/t ~ : ~Sx '}1~~,~+. •tl~ No. 81-io6 AN ORDINANCE CALLING A SPECIAL INITIATIVE ELECTION IN THE CITY OF DENTON, TEXAS TO BE HELD ON THE 16TH DAY OF JANUARY, .1982 FC. THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY THE QUESTION OF WHETHER OR NOT AN ORDINANCE PFRTAININC TO EXTENDED HOURS FOR THE LAWFUI, SALE, POSSESSION AND CONSUMPTION OF ALCOHOLIC BFVF,RAGFS, AND TO GRANT TO RETAIL DEALERS ON-PREMISE LATE HOURS LICENSE:,, AS AUTHORIZED BY THE TEXAS ALCOHOLIC BEVERAGE: CODE; SHOULD BE AnOPTED BY THE OUALIFIED VOTERS OF' THE CITY OF DENTON* TEXAS; PROVIDING FOR THC APPOINTMENT OF ELECTION OFRICIAL,s, PROVIDING FOR ONF VOTING PLACE; PFOVIDING FOR THE USE OF PAPER BALLOTS AND PROVIDING FOR x THE FORM OF BALLOT TO BE USED IN SUCH ELECTION; AND PROVIDING THAT THE CITY SECRETARY SHALL PREFORM THE DUTIES AND FUNCTIONS OF AN ELECTION OFFICIAL. WHEREAS, an Initiative Ordinance has been submitted to the City Council of the City of Denton under the provisions of Article IV of the Charter of the City of Denton, Texas, together ..ai with a petition containing the required number of signatures; and WHEREAS, the City Council of the City of Denton ;Idled a public hearing which was held on the 10th day of November, 1981 1 for the purpose of considering whether or not such ordinance should be adopted by the City Council as require(i by Section 4.07 of the Charter of the City of Denton, Texas; and WHEREAS, the City Council of the City of Denton, 'T'exas following such public hearing failed to pass the ordinance as requested by the committee submitting such initiative ordinance to the City Council; and WHEREAS, Section 4.08 of the Charter of the City of Denton requires the City Council to call an initiative election for the purpose of submitting said ordinance to the qualified voters of the City of Denton if the Council fails to enact such ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. Pursuant to the terms and provisions of the Charter of the City of Denton, Texas, a special election is hereby ordered held in the City of Denton, Texas on Saturday, the 16th day of January, 1982 for the purpose of submitting to the qualified voters of the City of Denton, Texas, for adoption or rejection, the following pr•,posed ordinances PAGE ONE IN 1111F~ a( s NO. + AN ORDINANCE BY THE CITY COUNCII, OF THE CITY OF DENTON, TEXAS ADOPTING THE PROVISIONS OF THK TEXAS ALCOHOLIC , BEVERAGE CODE PERTAINING TO EXTENDED HOURS FOR LAWFUL SALE, POSSESSION AND CONSUMPTLON OF ALCOHOLIC BEVERAGES, TO GRANT 'r0 RETAIL DEALF11S ON-PREMISE; LATE HOURS LICENSES, PRIVATE? CLUR LATE; HOURS PFiRMIT'rEFS, AND TO CONSUMERS OF ALCOHOMC. BEVERAGES THE RTGFITS AND • PRIVILEGES PROVIDED FOR IN SUCH PROVISIONS OF TEIE TEXAS ALCOHOLIC DEVERA[IE: CODF: PROVIDMI, F'nR A rnrAI, FEF. AS AUTHORIZED BY T1iE TEXAS ALCOHOLIC HE.VERAGE CODE; vy AMENDING THE CODE; OF THE CITE OF DFNTON BY ADDING A NEW i ARTICLE VI TO CHAPTER 14 ENTITLED "ARTICLE VI ALCOHOLIC BEVERAGES"; PROVIDING A PENALTY; AND DECr,ARING AN EMERGENCY. WHEREAS, the Alcoholic Beveraqe Code of the State of. I Texas, as amended, authorizes the governinq body of any g incorporated city or town located in a county with a population of less than three hundred thousand (300,000) inhabitants, according to the last preceding l federal census, to adopt an ordinance to provide for extended hours during which alcoholic beverages may be lawfully c6nsumed in a public placf`, and the extended f ` hours during which alcoholic' lcoholic heverages may be lawfully y. sold on premises, in conformity wit'-the provisions of the Texas Alcoholic Beveraqe Code; and WHEREAS, the City of Denton is located in Denton County, Texas, which county has a population of leas than three hundred thousand (300,000) inhabitants according to the last preceding federal census; and WHEREAS, the City Council of the City of Denton desires r ° to grant to Retail Dealers On-Premise Late Hours Licensees, Private Club Late ;lours Permittees, and to consumers of alcoholic beverages the rights and privileges provided for in the Texas Alcoholic Beverage Code; and WHERFAS, the Texas Alcoholic Beverage Code authorizes ' the governing body of a city or town to levy and collect a fee not to exceed one-half the State fee for a permit or license issued for the premise located within the city; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. Chapter 14 of the Code of the City of Denton is hereby amended by adding thereto a new Article VI reading as followal ARTICLE VI. ALCOHOLIC BEVFRAGES SECTION 14-80. CONSUMPTION-EXTENDED HO!1RS aection 14-80. Consumption-Extended Hours it shall be lawful for any person within the corporate limits of the City of. Denton to consume an alcoholic beverage in a public place or possess an alcoholic beverage in a public place for the purpose of consuming the same in such public place during the extended hours granted by the Texas Alcoholic Beverage Coen. PAGE TWO ) I~ 1 ~ ..o•.,.n•u._rr•wa•.v 1.miP... ,r p.n lVNyA• i 1+ 1 ~ Section 14-81. Sales-Extended' Hours , It shall be lawful for the holder of a Retail Dealer's On-Premise Late Hours License within the corporate limits of the City of Denton to sell beer or offer the same for sale during the extended hours, granted and P authorized by the Texas Alcoholic. Bp verage Code. Section 14-82. Sales-Fxtended flours It shall he lawful for the hrl_le. of i PrivaLe Club 'y. Late Hours Permit within the corporate limits of the City of Benton to r,,cll 0r orfr- r Fnr Sale mixed beverages, and permit persons to consume or be served mixed beverages during the extended hours granted and authorized by the Tex;is Alcoholic Beverage Code. ' Section 14.83. Fees No holder of any Licenser from the Texas Alcoholic Beverage Commission shall engage in such business or operation within the corporate limits of the City of Denton without having first paid to the City Secretary a non-refundable annual City ft!e in the amount of one-half (1/2) the State fie for each license so issued as authorized by the Alcoholic Beverage Code. SECTION II. Any person who violates any provision of this ordinance shall be guilty of a separate offense for each day or portion thereof during which any such violation is committed, continued or permitted, and each offense shall be punishable by a fine of not more than Two Hundred Dollars ($200.00). SECTION III. The fact that the City of Denton and its inhabitants find it undesirable and dangerous for its citizens to travel on the public highways to other neighboring cities for late night entertainment., creates an urgency and an emergency in the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect immediately from and after its passage, and it is so ordained. PASSED AND APPROVED this the day of , 1981. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTESTI BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL >!ORMI C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY I SECTION II, Said election shall be held at one polling place for all qualified voters of the City, and the polling place and presiding officers for said election shall. he as follows, to-wit:' PAGE THREE. p p ~~f'~'•~,.~','`~11~°'~ fi lE y iun, is 14i1Ld7~~lSl L o • POLLING PLACE: The Community Building of the Civic Center i at Bell Avenue and Fast McKinney Street in the City of Denton, ;j Texas. PRESIDING OFFICERS: Presiding Judge: I,r,c Knox, Alternate 't Presiding Judge: Robert Millar, and thr presidinq judge of said election is hereby authorized to iproint not less than two clerks for the purpose of assistinq in holding such election. a, - SECTION III. Said election shall he, held in accordance with the Constitution and Laws of the State of Texas, and the Charter of r the City of Denton, Texas, and all duly qualified resident electors of the City of Denton, Texas shall be qualified to vote in said election. SECTION IV. That paper ballots shall. be used in such election both For the polling place and for absentee voting in conformance with i the provisions of the Election Code of the State of Texas. SECTION V. That the ballots of the election shall conform to the requirements of the Election Code of the State of Texas as amended, and the language to be printed and the form of the ballot shall include the following: OFFICIAL BALLOT: Official ballot instructions-Place an "X" in the square beside the statement, indicating the way you wish to vote. ORDINANCE PROPOSITION AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ADOPTING THE PROVISIONS OF THE TEXAS ALCOHOLIC BEVERAGE CODE PERTAINING TO EXTENDED HOURS FOR LAWFUL SALE, POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES, TO GRANT TO RETAIL DEALERS ON-PREMISE LATE HOURS LICENSES, PRIVATE CLUB LATE HOURS PERMITTEES, AND TO CONSUMERS OF ALCOHOLIC BEVERAGES THE RIGHTS AND PRIVILEGES PROVIDED FOR IN SUCH PROVISIONS OF THE TEXAS ALCOHOLIC BEVERAGE CODE1 PROVIDING FOR A LOCAL FEE AS AUTHORIZED BY THE TEXAS ALCOHOLIC BEVERAGE CODEI AMENDING THE CODE OF THE CITY OF DENTON BY ADDING A NEW ARTICLE VI TO CHAPTER 14 ENTITLED "ARTICLE VI ALCOHOLIC BEVERAGES"i PROVIDING A PENALTY; AND UECLARING AN EMERGENCY. Q FOR THE ORDINANCE p AGAINST THE ORDINANCE PAGE FOUR . SECTION VI.~ Said election shall be held between the hours of 7:00 A.M. and 7:00 o'clock P.M. on the 16th day of January, 1982 in ~i accordance with the provisions of the charter of the City of Denton and the Election Code of the State of Texas. SECTION VII. That notice of said election shall he given by the posting 33 1'' f' of true copies of this ordinance, signed by the Mayor and C attested by the City Secretary, in three puhliC places of the j, City, ore of which places shall he at the Municipal Building,. for thirty (30) consecutive days prior to the date of such ' election and this ordinance shall he published in full one time in the Denton Record-Chronicle at least thirty (30) days prior fr: to said election. V SECTION VIII. The City Secretary shall make up the official ballot in accordance with the Election Code of the State of Texas and is hereby authorized and directed to have the ballots to be used in such election printed anei delivered to the presiding judge of said election and to perform all. other acts required of election officials for such election. SECTION IX. That immediately after the counting of the votes the presiding judge shall deliver the official returns of the election to thk~ City Secretary. SECTION X. That on the Tuesday next following the election, the City Council shall canvass the returns and declare the results of such election which shall be recorded in the Minutes of the City Council. SECTION X1. That should a majority of the qualified voters of the City of Denton voting in such election vote for the ordinance, then it shall become a part of the Code of the City of Denton, Texas. PAGE FIVE, 1!11 1, 1: pill X" via f k p +M~w.I..rf.+M1L'.aM!rl,...y1~q.A..l'. w...'r"'M"f.V..rHM M.M4Mf.q MM.M,W. •sr c..nww wwrwr.urwv..rR..,.r.4os,YOI.IMKM +na.Twrw.wwww.awn wwiwa..~,My..,~~.1 1 1 ' .1 SECTION XII. This ordinance shall become effective from and after its date of passage. PASSED AND APPROVED this the 17th day of November, 1981. 1 I LARD 0. STEW , MAYOR CI OF DF. TON, TEXAS ATTEST: ROOKS HOLT, CITY SECRETARY CITY OF DENTON? TEXAS kt, APPROVED AS TO LEGAL FORM: " C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY kL 104 t t~ `'F v 4 I i PAGE SIX 1 Irani Y 1 . ~ ' r ~ C-` .I 1~~ ~ ,c> r \`y ( L r- , ~ J ~ ~ r A ~ ~ t ' ' ^~~r'~ 4. ..1..., r', •:1 f X11. . . ~ , • ~ , 1, A '1 n .'7 t nl i ~'1 Rl' J'r 1 S,y {y Sri . 'a 1 INDEPENDENT CONTRACTOR'S AGREEMENT t THE STATE OF TEXAS § ;W I,~ § COUNTY OF DENTuN KNOW ALL MEN BY THESE PRE,SFNTS: The City of Denton, Texas, a Ftiininira) ':ome R,tle City situated d in Denton County. Texas, hereinafter called "City", acting herein by and through its City 5iananer, and Miltonamics, Inc., hereinafter f called "Contractor", ti herehY mutually agree as follokss 1. SERVICES TO RE PERFOR.Mpl). City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Tax Maintenance, B. Tax and Payroll Conversion C. Maintenance. 2. COMPENSATION TO RV PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder 3s follows: A. Amount of Payment for Services : Thirty-five nollars ($35.00) per hour, B. Dates of Payments: One week after services performed. 3. SUPERVISION AND CONTRM, BY CITY: It is mutually under- stood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or con- sidered 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. SOURCE OF FUNDSs All payments to Contractor hider this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE .1 0 ,r 5. SERVICES AND SUPPLIES TO BF FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or } i y supplies: A. Computer Time. B. Terminal Use. C. Documentation. 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. r 7. CANCELLATION: City reserves the right to cancel this ~N - A, Agreement at any time by giving Contractor thirty (30) days written ' notice of its intention to cancel this Agreement. x r 80 TERM OF CONTRACT: This Agreement shall commence on the 26th day of October, 1981, and end after 85 hours. EXECUTED this the -tL day of 1981. F, CITY OF DENTON, TE S BY: C M) ATTEST: I Y R R APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY BY: r CONTRACTOR BY* OE f JzLd--&?~a, That Gary A. Collinn is hereby designated as the person to administer the provisions of this Agreement, r Alf6hi I . D"F INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 I ~ WA 1, "r'.. Il~rcy,}1^r}.. Pti.x ~r r"~4 1~4 {7 Ww '.'S2r 0~'eF '!r-'[~!c• s.T 1 FF..'S 4, tr ( '1 1 j r~jb P~, k~•'ar"J ~~'a, ~ K i~ '°I, m i~9 ~~~a~,i~.. ~j T'• i i t r~ J ~ ~1 .IPA I r y! 1 ' t .1 r "ow tyre J,', t O.:4 v.:a~l. a 4.4~~.rC • 1 " ' f ~ ' j' R ES0UTI0N W1111REAS, the Lf',kluture of the State of Texas enacted Article 1970-352a of i trte revise (1 Civil Stnltrtcs ()f Toxns in 1979 which became effective on August 27, 1979; t` 1V II I: II EA S, SN.tinfI if) of :Article 1970-352n provided that a County Court at r, Law No. 2 of Denton County is to be created on Janunry 1, 1982, or on a date deter+nincd h y the C mrnksioncrs Court by an Order entered In its minutes whichever date is enrlicr; and I, MII'REAS, Section 3(n) of Article 1970-352a provided that a fudge of the County R Court at Lnw No. 2 shall he elected, but efforts by members of the Commissioners' , c, Court to lrnve such position pl,•cced on the ballot since the effective date of the statute were not sijecessful; and MtifT WHEREAS, no orhort+utity for the general public to select a judge for the County" Court at Law No. 2 through an election process remains before such Court is created by operation of law; and 4 . r WHEREAS, tba crowded condition of the existing County Court at Law and the County Court of Denton County Te; xos, are such that to properly dispose of the cases pcnd'u.2 and which will he filers ;n the County Court at Law and the County Court of Benton Count w y, Texas; and WHEREAS, creation of n ne,,v County Court at Law No. 2 would also require , t'te r,t,rrcinol of provisions fret the assignment of a prosecutor to prosecute misdemeanor e-isc, in snid Court; NOW T111'110:FORE +c: IT RESOLVED BY TIIL Cif Y COUNCIL Or THE CITY 01' DENTON. TEXAS: t a SECTION 1. s' The (Aty Council of the City of Denton, Texas, affirms the democratic principle which holds the process of free and open elections to be preferable ,generally to appointment as a manner- of selecting a puhlie officeholder, whenever such elections are po,ssihle, r SECTION 11, The City Counell of the Citv of Denton petitions the honorable County Judge and Commissioners' Court of Denton County, Texas, to enter an Order of the i Commissioners' Court as soon as possible pflrsuant to the provisions of Section 10 of Article 1070-352a of tho Revised Civil Statutes of Texas creating the Crnmty Court at Low No. 2. , t. d •~~'fi~1 + y r { m~cTTr .R^b ~1M vLn, Y7.'1 ,':?T T T.r r rv 1• t . is t {t" i i 'l s' r'!+ k 7 rR.~'.' }l t d W, y71 tf~?'r"tt P ti~ fr" I> •~'.k yr ♦ *t i SECTION Ill. s - i The City Council of the City of Denton further petitions the Honorable County IN ~,z Judge and Commissioners' Court to make provision in such Order creating the County Court at Law No. 2 for the inareRse of the personnel of the Office of the Criminal District Attorney of Denton County, Texas, so that an Assistnnt Criminal District 1 ' Attorney may be Rssillnod to such Court for prosecution of misdemeanor cases filed in the County Co+irt at Ltiv. No. ' SECTION W. The Citv Council of the City of Denton further petitions the llonorahle County Judge and Commissioners' Court to appoint n Judge for the County Court at law No. 2 upon the creation of said Court by the Commissioners' Court pursuant to the terms S and provisic~is of Section 3611 of Article 1970-352a of the Revised Civil Statutes of Texas. c,Vl q1 SECTION V.< -yp The City Council of the City of Denton, Texas, further petitions the Honorable .terry Cohb, Criminal District Attorney of Denton County, Texas, to make provisions for the assignment of sufficient prosecutors in the County Courts at Law of Denton d"t County, Texas, for the prosecution of misdemeanor cases appealed from the Municipal ^ Court of the City of Denton and other Municipal Courts situated in Denton County, Texas. s SECTION Vi. The Mayor is hereby authorized &nd directed to forward a copy of this Resolution F~ to the Honorable County Judge and Commissioners' Court of Denton County, Texas, d+ and to the Mayor and City Council of nil other Municipal Corporations situated in Denton County, Texas.` PASSED AND APPROVED this the day of November, 19811. / 4 1 E4 Alt , AY R ` IT OF DEN, YON TEXAS ATTES j~HRQOKS HOLT, Cil'Y SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORh1t C. J. TAYLOR, JR,, CITY ATTORNEY CITY OF DENTON, TEXAS t: 13X6 r r } fi~A Y^, t; ...,.1r•, •p~ ,r.+~.iS } rc ,t;.. ~,-r rn -v .4,. +'1 ~ ~e ;~;,i~r ~ 4 l F t . ' Y'1~ + <:u ! y;d yt rr r r y n y , r ' LA AM- rarrrvrr~rra 9 ti 4 i 4 1 ' 1 f 1 l-0 I N0. 81-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE,, APPENDIX B ARTICLES 7C AND 12A OF THE CODE OF ORDINANCES OF THE CITY OF i DENTON, TEXAS, BY ADDING A NEW USE TO THE SCHEDULE OF USES f PERMITTING OCCASIONAL SALES IN VARIOUS ZONING DISTRICTS; BY ADDING SFCTION 12A(2?,)1 rEFININM CCCASIONAL SALES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Appendix B, Article 12A of the Code of Ordinances of the City of Denton, Texas, .l5 hereby amended by adding Section 22.1, which said section shall read as follows: y' APPENDIX B, ARTICLE 12A t .rar 10(22.1) Occasional Sales: Sales of tangible personal property at retail, not to exceed two in number during any twelve (12) month period; provided that (1) such tangible personal property shall be sold only on the premises of a residential dwelling unit f by the owner or lessee of such dwelling unit; (2) said owner or lessee must be the legal owner or acting in concert with another legal owner or owners of such tangible personal property at the time of sale; (3) no new merchandise? acquired for the purpose of resale) 1 shall be merchandise tat N such occasional sale; (9) such sale shall be confined I' to the garave, patio, driveway or residence on the ' premises; and (5) the duration of each such sale shall not exceed three consecutive calendar days,. One sign is permitted, not to exceed two square feet., ys upon the property where the occasional sale is takinq place. Any other signs at any location remote from t'a such property are prohibited, except one directional sign which shall be conducted b permitted. non-profit organizations shall sbe exempt from aln the provisions of this Section." s,'4 SECTION lit. That Appendix B, Article 7C of the Code of Ordinances of the City of Denton, Texas, is hereby amended to include the use ` of Occasional Sales, permitting such use as follows: "Occasional Sale8 shall be permitted, without specific use permit, in all Inning districts, The Schedule of Uses shown in Article 7C shall be drawn to show the ~ shaded legend described in Article 7A designating" said use is permitted in such zoning district. PAGE ONE tl.Jl 1 e~}F I I r i ~ , _.I ~ S ~yby ~4 RS dap~'~ tI J. I e f I ~ I I .t J' f 9 J b ~ w SECTION III, f~f tr This ordinance shall become effective from and after its date of passage and approval.. PASSED AND APPROVED th?s the E day of Yr=/rt 13~/~ , . 1981. i MAYOR I D 0PNTN CI Y OF D , EXAS ATTEST: t C BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; ' C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS e,. I~ BY: k ab~, f r. rt 11* llyy {,1r i. ~k t, a , PAGE TWO r '•p 1i 14~ f'ri~'G11 .i J A r', 'a y. -x , 74 'v ,p a~: R IkP' 1 "~V Ya rS ~'~5A~~f 1 t' ! 61. ,r >rr _ r R t .a } y ap t' rya 'f ~4? C? C ~ _r IWOM, 1 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DE14TON § The City of Denton, Texas, a Municipal Home Rule City situated in Denton CCnnt1, Texas, hereinafter called "City", acting herein by and through its City Manager, and Priority Systems, Inc., here- inafter called "Contractor", hereby mutually agree as follows: 1, SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: Software Services - IRM 4300 System. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: F,r A. Amount of Payment for Services: c f Forty Dollars ($40.00) per hour. B. Dates of Paynents i One week after services performed. 3. SUPERVISInN AND CONTROL BY CITY: It is mutually under- f It '1V stood and agreed by and between City and Contractor that Contractor Ire is an independent Contractor and sh-oli not be deemed to be or con- sidered an employees of the City of Denton, Te.o.as, for the purposes of income tax wit.hholdioi r g, social security taxes vacation or sick r,~.;~y ; leave benefits, or any other City e.mp3ovee benefit. The City shall I rr r jk~knot have supervir.iion and control of Contractor or any employee of . Contractor, but it is expressly understood that Contractor shall r a~ '!y) perform the services hereunder, at the direction of and to the satisfaction of the City Manager of the City of. Denton or his dosignee under this agreement. ` 4. SOURCE OF FUNDS s All F-ayments to Contractor under this 'p agreement are to be paid by the City from funds appropriated by i , thi3 City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGPEEME:N'T - PAGE 1 17 ~l 1 4 4'M ) i'°t' , 1~ ~ ~ ~ ~~I' dt ~ ,i~' ~iG,d ~ . 4.r F~ a" ;;YLR V~A,• ~ r.~ s k i Yf .p.x ,4a P r~~ x r >wagAt f ~ o ` .._.M..r_.~.i...__..~....~ _..as.-...1..........f.,..'U .......I..,i...1.i.l..I>•...4....i....i.............,....un.....IF.........._,_.......I....Y il, 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City - k agrees to furnish to Contractor the following services and/or supplies; A. Computer Time. B. Terminal Use. b. INSURANCE: Contractor shall provide at his ni,m 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 27th day of October, 1981, and end after ten (10) days. ~ r7 EXECUTED this the ay of 1981. CITY OF DENTON ERAS t' BY 4 _ f . , , ,.i~ATTEST: CITY 6 A)'PROVED AS TO LE ,AL FORM; C. J. TAYLOR, JR., CITY ATTORNEY ~'m,PGlw~ BYS CONTR OR ,t DYS J ' That Gary A. Collins is hereby designated as the person to administer the provisions of this A ement 1i 1 ` INDEPENDENT CONTRACTOR'S AGREEl4ENT - PAGE 2 IR, err.. } .4.,~~' 1 1 9 p irrtr rs•..y.{ rlyp s{' 3' ' ~.r r ' r., . ' q ~}'..1y2°'r~t"r1 i('? ~I;,~~~I' '•^}k i` If I{ii~ i~ ~ L~ ~ > c ~ ~ . ~ { Arta \ \J 1~ ~1 1\ rt:w A - yam... ~t- l~/ f ~Y 1 V0J113 PAGE 30 THE STAJE OF TEXAS ¢ iiiu ALL MEN BY THESE PRESENTS: COUNir OF DENTON PEED RECORDS THAT I , T.-GERALD SNIDER, JR. 133935 for and in consideration of the sum of one Dollar ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our property, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct or reconstruct utilities and perpetually maintain an All-Purpose Utility Easement in, upon and across land described as follows: Said Tract being in the Gideon Walker Survey, Abstract 1330 , Denton County, Texas and Recorded in Volume 668 Page 299 in the Deed Records of Denton County, Texas. Said easement crossing this property, comprising two parts, as herein designated and described, including (i) a permanent easement 20 feet in width, for construction, or reconstruction of utilities appurt- enances, and for perpetually maintaining an All Purpose Utility Ease- ment, and (2) an additional area adjacent to the permanent easement _JLfeet in width, to be used for initial construction. PART 1. PERMANENT EASEMENT WITH METES AND BOUNDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the Southeast corner of the aforementioned tract of land, said point being in the South line of Mayhill Road; THENCE West a distance of 20.0 feet to a point; THENCE North a distance of 35.0 feet to a point in the Southtiest.erly line of Mayhill Road; THENCE along the Southwest line of said Mayhill Road a distance of 40.0 feet to the place of beginning. PART 2. CONSTRUCTION EASEMENT In addition to the permanent easement as described above, an initial construction easement is to be furnished. This easement shall be adjacent and parallel to the permanent easement and shall be 40 feet in width on the West side of said permanent easement. Construct of easement to b!a used for initial construction only. the City of Denton, Texas, shall have the right Ind privilege to remove and dispose of ! qff the site, trdes, brush, debris, excess exacavated material, etc,,ir~'tlre easements, that would interfere with access to the construction site and that would interfere with construction of the said facilities. 10 HAVE A'1D TD HOLD, all singular, the privileges aforesaid to it, the said City of Utnion, Texas, its successors and assigns forever, together with the right ~,nd privilege, at any and all tim-s to enter said p cniises or any part thereof, for the purpose of constructing, reconstructing ,d perpetually maintaining said facilities together with necessary appurte- rr:nces inside said perpetual easements and for making connections therewith; upon the con ition that the City of Denton, Texas, will at all times, attar doing any work in connection with the construction, reconstruction or repair of said facilities restore said premises as nearly as feasible to the condition in which saine were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in per- forming said work, and further upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas, will not create a nuisance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas, for any other purpose, under this grant. except as herein provided. WITNESS OUR N/1NUS this ~ h d y D. .3i. OF DEN10\1,1r Jql(s LVCLII13 Pr,c~ ;31 THE STATE OF TEXAS § r • COUNTY OF "VOL1113 r'AcE 32 ~BEFORE ME, the undersigned authority, in and for said , County, Texas, on this .lay personally appeared -t known to me to be the person whose name, (is) ~~ei-' subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. VEN ND .pjiAND AND SEAL OF OFFICE, This the j day o f itY PM A. D. 1981 N AR PUflLIC IN AND FOR COUNTY, TEXAS ~ !S My Con OG OE NI s: J~'o2 I- yr THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to me to be the person whose name (tsj (are) subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration tnerein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of A.D. 19 NOTARY PUBLIC IN AND FOR COUNTY, TEXAS My Commission expires: THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared known to o;e to be the-person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me- that the same was the act of the said ' a corporaton,an that he executed the same as the act of such corporation cor the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HANG AND SEAL OF OFFICE, This the day of A.D. 19 NOTARY PUBLIC IN AND''FOR COUNTY, TEXAS My Commission expires: , s 1 ~ A 334 X00 ~.1 SC,gGE: /"/CJO' ~I 4~a'rEMr~ORA2Y ~ ~ cavsrre 6c r/o v E'gsEMHVr~ NOQTY 35.0' so[I rNE',4 SrSacY - 40.0 ' &20.0' POINT1 66611M/NG 41711 / 7Y V SEMEA J'a T $9V L 0 SIVIC9121 ✓/9 VOL 668) PAGE 299 -/DEED APECOMS /JEN rON COONTY, 7-9146 EQCuNO v 9e Ps aOL 1113 imE 33 . I I A u E~ C? 1 r~ a o~.~e• . f cvo~11:t3 t~c~ 34 H Y J l Fill M it, F; r r f 1 FCCyy~AA'~1 1f~ ti jr +1 +,''t F' •M1.' '•Y ~ re ~i~'~~~ 61 +r~*iif ~ ;p~4~ rk~ *rxizf~7 r.^n~, r~~,~ s e { FUNDING AGREEMENT FOR TRANSPORATION SERVICES k THE STATE OF TEXAS § 4 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTOfd § This Agreement is hereby entered into by an(i hat'acen the City of Denton, Texas, a home rule municipal corporation, hereinafter referred to as "City", and the Services Program for Aged Needs, hereinafter referred to as "SPAN". In order to provide transportation services to a limited number of ' handicapped per sons on a trial basis, the parties lIereto agree as follows: 1. SPAN shall provide transportation services within the city limits to those handicapped persons under sixty years of f~; age selected by the City's Denton Human Resources Committee. n' ~';~4 Applications to receive such transporation services shall be I'~ submitted by t•.he applicants to the Cit y on forms a x' 1 ppraved by the ~S r City. The applicants selected to receive the transportation a services shall be determined by the City's Denton Human i?r.^ Resources Committee on 'Pransporation In consultation with the d " Director of SPAN. µ't, 1 2. No more than sixteen (15 ,a 1 p~.rsons shall be accepted by `It SPAN r.or transporation from anti to their residences and places of employment on a daily basis. ' 3. No more than thirty (30} persons shall be accepted by SPAN for general transportation to meet basin needs such as d shopping, banking, medical appointments ,end job interviews, i t 4. SPAN shall furnish the transportation services in accordance with working hours ant] holidays established by the SPAN Advisory Board, 5. Applicants for SPAN transportation services shall provide a statement by a physician concerning the applicant's handicap, Such rstatement shall be a factor In considering the applicant's need for transporation service. ~.~~ir ~~.Yr,< ~~l x"~r ~ ~ ~a.~~ s I ~ ~ ~ <~b' ~ ~ ^ rr ~~1k I ''t;~,'~' IIq ' ~'t j'~4r'd.~ 1':~~✓~~ °~~'3{ r. a'~c I"~4i~l~pp~kly~~v~7r «'1 # ~Yr'.' hl~ ~~~ry~~D ~~M~{I~Ib I~dh: ti < v Z 1 l ' "p,P Y~.P 1~ 'N~ ~•M• l~ (i W~ f~ . ;r 6. SPAN shall undertake to develop a plan whereby passengers of the transportation services will pay One Dollar ($1.00) for every one-way trip provided to that person. 7. All SPAN records of the services provided for herein shall be open to the City at all reasonable times for inspection and audit. 8. SPAN shall not provide more than 4,850 one-way passenger r trips during the term of this contract. 9. The City shall pay to SPAN Four Dollars ($4.00) for k~ every one-way trip furnished to a passenger in accordance with by the terms of this agreement. SPAN shall submit requests for payment to the City at the end of every month for transportation services provided that month. The Ctty shall not, any any case, pay more than Nineteen Thcusand Four Hundred Dollars ~r ($19,400.00) to SPAN for furnishing the services provided for herein. ~ 10. Commencing with and during the term of this agreement, SPAN, shall at its own exp(:nse, procure and maintain in full 4 force and effect insurance written by an insurance company ~ttq authorized to clo bustn,3s in this State. Such insurance shall. Mf insure the City against all liability for loss, injury, damage or claims caused by or arising out of, or. in connection with the services provided for herein, including injuries to or deaths of passengers or third persons and damage to or destruction of property. Without in any way limiting the generality of the above, E SPAN shall, keep and maintain the following types of insurance in minimum amounts as followsr $1.00,000 bodily injury per person $300,000 bodily injury per occurrence. $ 2'x1000 property damage. 11. This agreement shall be effective on January 4, 1982 and shall terminate on Septenber 30, 1982. TRANSPORATION SERVICES - PACE 2 1 ,1Y'1 r fir R x n,, , , ~rrpl~x,)31,¢1v~}~~,4:~7~td A" "&Wdt 1 MM .Mt')KWrAY1I.r11611.NW \VATIr ~.~^w+s.w~lw a.-~,.w i.uF+ w. . r~~ ~..«.«......r+awrr.~...,.r..w..,"~'+•ti.Pww.wwf.e .rw.~6wF.IR♦ VEXECUTED this the ~^t9ay Ofd! 1981. 4RD OF D/NNTT , TEXAS ~-SERVICES PROGRf~N iG^ AGED NEEDS f 4 0W RT, D 1AY0 . DIR,C'F R 6 ATTEST: ATTF' y CITY 3`ECRET 'It~ ''B E RET R f , _KR'Y CITY OF DENTON, TEXAS f APPROVED AS TO LEGAL FORM: i C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY; C et~ 'lilt i. } y it Y TRANSPORATION SERVICES PAGE 3 4 hS ~ l '!'A71 i~+~ `Twl ti r r v n4 . ,1. 4. J'3 iYhr i~ka + 'r~ Y t X M. 'M I~ V. i t _ ~~I J ~ C' `~J ' . \S ~ J ~ ~ V L~_. INDEPENDENT CONTRACTOR'S AGREEMENT j THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUN'T'Y OF DENTOfd i The C;.ty of Denton, Texas, a Munit.cil?a7 Fame R+'.le City situated ,L in Denton County, Texas, horeinaf.ter called "City", acting harain ~ by and through its City Manager, and Priority Systems, Inc., here- inafter called "Contractor", hereby mutually agree as follows: a 1, SERVICES TO B1, PERVORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor ; i, agrees to perform the following services: Software Services - IBM 4300 System. `1r 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay `1e11e11 lr+t` Contractor for the services performed hereunder as follows: y%E A. Amount of Payment. for Services: Forty Dollars ($40.00) per hour. B. Dates of Payments o One week after services performed. 3. SUPERVISION AND CONTROL BY CITY: It is mutually under- stood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or con- sidered an employee of the City of Denton, Texas, for the purposes of income tax, wi.thho'.ding, social security taxes, vacation or sick 3 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 4anager of the City of Denton or his designee under this agroement. 4. SOURCE OF FUNDSs All payments to Contractor under this agreement- are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 1 .M??~.,~.r,`~'~'iF:j",f~'~~~;fS►'~R';f'!'~p..}{4P•p~,~~AAl.6~~ryi~~'~y~~•Y~(...,'SS(yp4.`'.p'ify+~^4'\Y~';~ii iLC`Cf'r~,Ot~'Q'6ii~'Ln ~i+fr,^vr, i.w.,yn.~.....n.....,~-,.,rrx.-y. .p R ' V r ~~i~~~fJl'Y.4" ~MY~i*~YI'.'/71.Sjfav~g~ ~Y ,F k ~ ; 4 , ~ ~ 4Ff..' ~t ~,'F C i.~'~. p+y~ We i. { .#'YiY#17R11 rd.1 fi,\N Il6tl1Y.Mri'SI"fflnXUww Zel rk`6A'u'W1;1Yi'. I.d ki, Cl'W ++µiyilMVYI.i #.rl.MM)'. ~\~Rki11 W YIN Aa IIC#Y.twA.k~.91RY IIg4PY ~p#ir>'M4 #InUa.IIY~.~i4i11114'Mf 1 p S 1 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: A. Computer Time. B. Terminal Use. 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation 'g of Contractor's business. 'y 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days written 4 1 notice of its intention to cancel this Agreement. r- ct , ~ 8. TERM OF CONTRACT: This Agreement shall commence on the 7 '5th day of November, 1981, and end after ten (1). y EXECUTED this the day of November, 1581. CITY OF DENTON TEXAS BY . 's Tr MR.- $t a+ ATTEST s CCq UNT- SECRETARY f r~J Lw APPROVED AS TO LEGAL FORMS , yfi, C. J. TAYLOR, JR., CITY ATTORNEY BYs CONTRACTOR BY., That Gary A. Collins is hereby designated as the person to administer the provisions of this Agreement. /uzl CI f1ANAfj.NK 15AT~ INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 ` ~.T"Tliy{~~~'lyl3°*,tij~t`)I~~~Yl~ill~~~r~~r!.,'1 RI~i°T~~~{II~{~f`'.,i'H 1f ~~~~/1~1'f.rIF~l °l.Mll{~Y111^y~.l Y'111'f ~nl,~~r1' ~\':"Y1~l, .v rt.~.`~'. I*•.1hiryrt ".f b_,1j, .r 1.. ,r, \v~1~.,.j~lA~~.+r..i~-;A~j•;}~.~\(~~~j~++y° C~.i~~,~~ff~"}e.~l~'♦\,,,°d y„ y ,{,~r~,~~~1~~,..5 1 { 7 f L "Y' A. , . rt, V~ 'Olt .e 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 Miltonamics, Inc, hereinafter '2a called "Contractor", hereby mutually agree as follows: 1 1, SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees tv perform the following services: A. Tax Maintenance, B. Tax and Payroll Conversion, C. Maintenance. 2, COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: Thirty-five Dollars ($35,00) per hour, B. Dates of Payments: One week after services performed, 3, SUPERVISION AND CONTROL BY CITY: It is mutually under- stood, and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or con- sidered 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. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 1 4 F: ly ~ I y \ ++....«n...~...~n~~.nrw_...n 1. n.-._~._~._....~._..._..........~.~.«-W~.n.n~.~.~ww•n.~.~wrrwn...+yww....r~n++~r.n w~Rnr..~w.T.M,. rM1",gT,11, t 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: A A. Computer Time, B. Terminal Use. s C. Documentation, ' 6, INSURANCE: Contractor shall provide at his own cost and y, 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. PERM OF CONTR,",^.:' ; Thin Agreement shall commence on the r 9th day of November, 1981, and end after 85 hours. EXECUTED this the jOt_4 day of Novenber, 1981, CITY OF DENTON TEXAS BY C- T ATI I ~CITY Y-- APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR,, CITY -ATTORNEY CAL BY., CONTRACTOR J BY • _ ;1 ci..._c~ cCl That Cary A. Collins is hereby designated as the person to administer the provisions of this Agreement, CITY NAGE =-4/0* INDEPENDENT CONTRACTOR'S .AGREEMENT - PAGE 2 ~1 I\ a~!^i~a1,'^'• { Y- ~fi v;'., r~;rT, t, xt t '1f. ~ n ~ r~ ~ ~ ~ rte ~ ~ ~ ~ r ~ ~ ~ rte: ra ~ -tea ~ ` i ~J ~ \ ~J i~ f ~ ~ i r. r ~:tiv S:~ - ti be oyefli 9~ • 1 • ' G(, + STANDARD FORM OF AGREEMENT STATE OF TEXAS COUNTY OF _2pnrnn _ THIS AGREE~IFNT, made and entered into this X12 ~ day Of November A.D., 19 -1-i t by and between The City of Denton of the County of Denton and the State of Texas, acting through John J. Marshall c.e.M. Purchasing Agent thereunto duly authorized so to do, Party of the First Part, herein after termed OWNER, and CraiZ Olden Inc Rt. 1 Box 172 of the City of `s"_risco , County of Collin and State of Texas Party of the Second Part, herein- after termed CONTRACTOR. WITNESSErfl: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part {G!INER)I and under the conditions expressed in bond bearing even date herewith, the said Party of the Second Part (CONTRACT.OR), hereby agrees with the said Party of the First Part (OWN ER' to commence and complete the construction of the certain improvements described as follows: Bid 8948 P:o-60'639 Civic Center Park Channel Improvements and Parking Lots, located in the City of Denton and all extra work in connection therewith, under the terms as stated in the General Conditions of the Ar7re.ement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with S: -i the Notice to Contractors, General' and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the specifications and addenda therefore, as prepared by Jerry Clark and Greg Edwards of the Engineering Department, City of Denton, Texas - herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Performance and Payment and Maintenance Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The fifteen (155)Td:ys0afterr the dateagrees written notice commence so within to do work shall have been given to him, and to substantially complete the same within sixty (60) working days after the date of the written notice to commence work, subject to such extensions of time as are provided 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 contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. City of Denton, Texas Craig Olden, Inc. Part o the first art ,-'(01, R) arty o t ewe n a (CONTRAC AR B~ By J h J. M C.P.M. raig-Q e'n char Agent ~sident AttestAttest:, 1 y Cti~~ ~ VV ~I SF-2 1 BID 08948 PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of CIC ENTER PARKING LOTSVAND`CHANNELAIMPROVEMENTS IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and %as carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessar the City, to complete the work fully lasth plannedon and contemplated, and that all quant?.ties of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lui:!V su,n prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. P-1 v t • e It is understood and agreed that the work is to be completed in full within sixty (60) working days. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this' proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder small fail to execute a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. It is understood that the Owner reserves the right to reject any and all bids. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: P-2 r 1 PROPOSAL Item Description Unit Price uantit Extension 100 Preparation of ROW Lump $um 5500.00 $ 110 Unclassified Excavation 2.50 $/CY 4874 CY 12185.00 $ 132 Compacted Fill 2.50 MY 3664 CY 9160.00 $ 260 Lime Subgrade 1.65 $/SY 3783 ST 6241.95 $ 264 Hydrated Lime 88.00 $/Ton 34 Tons 2992.00 $ 340 3" Asphalt Paveme;:t 6.18 $/SY 3877 SY 23959.86 $ 432 Concrete Riprap 23.27 $/SY 1426 SY 33183.02 $ 479 Adjust Manhole 385.00 $/ea. 1 ea. 385.00 524 Concrete Driveway 29.70 $ ~$/SY 72 SY 2138.40 $ 540 Rock Retards 26.00 $/CY 35 CY 910.00 $ SP-1 Saw Cut 10.00 $/LF 20 LF 200._ 00 SP-2 Pre-Cast Wheel Stops 17.00 $/ea. 94 ea. 1598.00 SP-3 Energy Dissipator $ Lump Sum 350.00 $ Total Contract Amount 98803.33 d BID sujN2gARY TOTAL BID PRICE IN WORDS Ninety eight thousand, eight hundred three dollars and thirty three cents In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in ac:ordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions. Craig Olden, I It. ~TATR% BY -Coif Olden, President /B-.fit. BoX 172 Su&666 Address Frisco Tesas 75034 ity an tale Seal & Authorization (If a Corporation) #214-691-1815 e ep one f a.4 i PERFORMANCE, BOND STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That CRAIG OLDEN, INC. of the City of Frisco County of Collin and State of Texas as principal, and COMMERCIAL UMIO"1 INSURANCE 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 DF.NTON, TEXAS _ in the penal sum of, - - Ninety eight thousand eight hundred three and - _ - _ _ Dollars 98,803.33 ) for the payment whereof, tii--~ said Principal and Surety bind themselves, and their heirs, orlministrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the City of Denton, Gated the 12th day of November t 1981 for the construction of Civic Center Park Parking Lots and Channel Improvements in Denton, Texas 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. PB-1 •r NOWd 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 covenants, conditions and agreements in and by said contract agreed and covenanted 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 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 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, alteration 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 signer. and sealed this instrument this IPrh day of _ November 19 81 CRAIG OLDEN, INC. COMMERCIAL UNION INSURANCE COMPANY PRINGWY SURETY f By ~L By Willard Crotty Tit President Title Attorney-in-Fact A dress: Rt. 1, Box 172 Address: Boston, Mass. Frisco, Texas The name and address of the Resident Agent of Surety is: ELLIS CROTTY POWERS & CO., INC. 8300 Douglas, Suite 700 Dallas, Texas 75225 PB-2 N PAYMENT BOND STATE OF TEXAS COUNTY OF Denton 1 KNOW ALL MEN BY THESE PRESENTS: That CRAIG OLDEN, INC. Frisco of the City of County of Collin and the State of Texas as Principal, and COMMERCIAL UNION INSURANCE 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, Texas, in the penal sum of - - Ninety eight thousand eight hundred three and 33/1,00 Dollars ((55 98,803.33) 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 City of Denton, dated the _12th -day of -_Novembor 190 81 , for construction of Civic Center Park Parking Lots and Channel Improvements in Denton, Texas to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at l,ngth herein, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCHt that if the said Principal shall' pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PB-3 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, 1459, 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 change, extension of time, alteration or addition to the terms of the contract, or to the work performed ttier;!under, 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, alteration 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 12th day of November 19 81 CRAIG OLDEN, INC. COMMERCIAL UNION INSURANCE COMPANY PRI 1 By am- By Title President illard Crotty Title Attorney-in-F t A dress: Rt. 1, Box 272 Address: Boston, Mass. Frisco Texas The name and address of the Resident Agent of Surety is: ELLIS CROTTY POWERS & CO., INC. 8300 Douglas, Suite 700 Dallas, Texas 75225 PB-4 POWER xOF ATTORNEY KNOW AL L M FN 65' IsHESF PRESENT'S, chat the CO\IN1E RCIAL UNION INSURANCE COMPANY, a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, and having its principal office in the City of Boston, Slassachuserts, bath made, constituted and appointed, and descs by these presents make and constitute and appoint James N. POWCZS, Tom P. E111S , III, Peter A. Rush, William G. Klingman, Willard Crotty, Frank Baker, G. E. Easley and Orvil B. Coborn, Jr., all of Dallas, Texas and esch of Ihets its true and lawful Attorney-in- Fact, to make, execute, seal and deliver far and on its behalf as surety any and all bonds or undena kings and the ,rcuilo t of such bonds or undertakings in pursuance of these presents. shall be binding upon said Company as fully and amply, to all intents and purposes, as if sm h bonds were signed by the President, scaled with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifyingand confsminealt:heactsofsaidAttorney -iii pursuant torhepo"crherein liken. This Power ofAttomeyismadeandexecuted pursuant toandbyauthorit-v of thefoilowing reso!u„ensadopted by the Board of Dsreciorsof theCOMMERCIAL UNION INSURANCE COMPANYat a meetingdulseaBed and heldon the rwenn-seventh day of July, 1972 Resaked, I hit the President, or a nyVice-president. or ans, Assistant Vice- President, may execute forand in behalf of thecompany any and all bonds. recognizances, contracts of indemnity. end all other writings obligatory in the nature thereof, the same to beattested when necessary and the se l of the company affixed thereto by the Secretary', or any Assista at Secretary; and that the President, or any Vice-President, or Assistant Vice-President, may appoint and authorize an Attorney-in-Fact toexecure on behalf of thecompanyanyand all such instrumentsand toaffix theseal of the company thereto; and that the President, or any Vice-President, or any Assistant Vice-President, may at any time remove, any such Attorney-in-Fact and resuke all powcr and authority given to any such Attorney-in-Fact. Resolsed That At(erne)s-in•Factmay be given full power and authority- to execute rot and in the name and on behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by anv such Attorney-in-Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further, Attorneys-in-Fact are hereby authorized tovrrifyany affidavit required to beattached to bonds, recognizances, contracts of indemnity, and another writings obligatory in the nature thereof, and are also authorized and empowerec' to certify Ina copy of any of the by-laws of the company as "elf as any resolution of the Directors having to do with the execution of bonds, recognizanees, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys-in- Fact This powcr of attorney is signed and sealed by facsimile under the authority of the following Resolutioa adopted by the Directors of the COMMERCIAL UNION INSURANCE COMPANY at a meeting duty called and held on the twenty-seventh day of July, 1472: "Resohcd: That the signature of the President. or any Vice-presidentar any Assistant Vice-President•and the signature oftheSecrelaryor any Assista nt Secretary and the Company Seal nay beaffixed by facsimile to anv power of attorney ortn any « rtificaie relating thereto appointing Attorneys-in-Fact forpurposesonly ofexecuting andattesting any bond, undertaking, recognizaneeor otherwri:ten obligation in the nature thereof, and anysuch signatureand seat where to used, being hereby adopted byihe company as the original signature cfsuch officer and theoriginal seal of the eompa..y, to be solid and binding upon the company with the some force and effect as though oar Ps ly affixed." IN N7 FNESS WHEREOF, Ae COMMERCIAL UNION INSURANCE COMPANY,hascaused these presentsto besigned by its Vice-Presidentand its corporate seal to be hereto affix:d, duly attested by its Secretary on this 3rd do) -f September 19 Bl COMMERCIAL UNION INSURANCE COMPANY By , Raymond !11. rfossez -Secretary Jehn M. Garrett - Vice-President COMMONWEALTH OF MASSACAUSETTS COUNT)" OF SUFFOLK SS. , On this pp Raymond M. Defoner, Srcrd etary of the d- of COM,M1IER74AtL Lm110\ INSItRAN19 CEB OM1ifibefore e rna came ANY, tofinespersfonally known ~fbe the Indisitdua s and officers described in and who executed the preceding instrument. and they acknowledged she execution of the same, and being by me duly sworn, severally and each for himself deposeth and say eih, that they are the said officers of the Company aforesaid, and that ter seal affixed to the preceding instrument is thecorporate sealof said Company and that the vsidcorperate seatand their signatures as such officers were dulya'fixed and subscribed Lathe said instrument by the authority, and direction of the said Company. \r\ ~r ol'agy t ~,ovl LIt ``•~`'~<:~,'i+'~ - Josc dt H. Ulna n, Jr Notary Puba, (,llr Com n, i s r ra n e s pi rr.t FrAru er r I o Yd'1 CUR711ICATI I, the under,igncd. •\ssistant Secretary of the COMMI RCIAt. UNION INSURANCE COMPANY, a \lassachuseaa Corporalion• du hereby certify that theforrpotngpo, crofattorneyitinlullforceandhasnotbeenresoled.andfurthermorethattheResolutionsoftheBoardofOireclorssetfort.) in the power of artotney are now to force. Signed and scaled at the City of Boston, Dated this 12th dal of November 19 81 t. 1111 Andres 1. Grots - Assistant :telan a V a'(f." ~r1 4M Mut{x: VA 1rf a i t`~ ` r`R0~"' ria. S y1 i ,r. r n°+~i,~?~y e~` ~5'rn~'»p l°f f +t ~~'y'y7` 4 t'G ~5 ~ryl y ttr".is"'7.~ . i , rti ►,Ea(l,. ~ t~ s3 ~ +fl ~ ~ ar a } w t t ~j ~s~~ ~l' ti~ y ~,y. 'y vc r },+t}y"~S~ , t~11.O(c)t ~~A i~Y+i`' ~ ~6a'~ ~rf Mgi 15 iRrs~)`. It ~ IP F tr4 "3i '~y a V r rf`i ♦t ; .....~,dlZ rr.nMa'1r1 ~ti,LF v,t'S _',1 hY 1. ~i.~r ~i`~.~~ lr~~m~l7r r~'„~5~,4,1 ~ r1 ELLIS CROTTY POWERS 6 CO., INC. c~"r"lr,°+IE ,+s l f;tu?I~~it; covf r~.~`:cs 8300 Douglas Ave., Suite 700 Dallas, TX 75225 A INA OF TEXAS UNITED STATES FIRE INSURANCE COMPANY t " CRAIG OLDEN, INC. Rt 1, Box 172 Frisco, TX 75034 1 1 .IC ( ~ 1, ~L 9 ~ V nqr PIr LO ,l't 5 5 ":f U ,1 Itc I I I y 1n T housa•tds (-6001 r GENERAL LIABq.If Y A IX''~'', , GLP 602629306 10/31/82 500. r xxx 'I ~S 100, s „100 r t^.,, FF''J Efl.'.n',E C(Mi.!1ED Yt F`:SM1 M1I M P dh AUTOMOBILE LIABILITY 300 A E"„` CAL 45 52 90 10/31/82 t 500, 1n ,A'i. 1 .3-00, f Xl , 1, 1 t - - EX.CESS UABILI7" EI ' - E 523 IL B721 2 10/31/82 1 P000 I 1i000 r, r.1 E ti • eI;rFN r,In4 ~M1'![1'IIIn rGR1,l , ~ :1b N; I• WORKERS' COMPENSATIO"1 nr~,r 11:, A and Cl 80 50 84 5 10/31/82 EMPLOYERS' LIABILITY s 100, - OTHER DE SCrHPf tiJN OF Oi'r-RA nr)NS'IC ;R llpryr, V(IU('If5 Res Construction of Civic Center Park Parking Lots and Channel Improvements Cancellation: Should any of the above descubed pollees he cancelled before the explr„t,or, date thereof, the Issulny; coot. pary will endeavor to msl, -40. days wrEttcr, notice to the below named ct`rhf,OrtP !,older, but faJuro to mall such notice shall impose no obligation or liability of any kind upon 1he comp my, N M; AnnAnoatsSprtaanrl,°rt,o;norp 11 25 8 J JOHN J. PiARaHAI L, C.P.M. Purchasing Agin PAIL City HN of Denton ELLIS C Y T'OWE'R W0., C. O Denton, Texas I SYI - - A^np7:" II "I, f rl~Y~i • '161 ~ a: , i. w l[~l I ~ , ~1 ~f. ~ ~ e, v ~ ~ ~ _ (r c~;~ I . , THE STAiL OF 1E{AS 4 ` ~'~p REC04fD5 h ~ 1~ 4 ALL MEN By THESE PItt:SEN1S: COUNTY OF KNTON THAT We, Eewis t. Wilson end wife, Luld G. Wilson, et al fur ani rn con,,ideration of the sum of' one Dullar ($1,00) :ash to u +p end paid I 'r,e City ut Denton, Texas, a municipal corporation of the Cuun,Y ut ih,nton, 'Mate of Texas, the receipt )f which is hereby ack nuwledn-d, and othur good and valuable consideration Including the herefits. that will iccrue uur p.'of:;:rty, do hPrehy GIVE, 6riANT and EXTIN! to the sail r ity (it 0-W,,n, lrnis, its successors and assigns, the right to LMstrv! t ur reCUn~ iruct utilities and perpetually K A' #1,010 LIXIC a QA-rr.-.r' (/lr, RY maintain an AI}-P1}r{u,sN-ttlility Eon ewvnL in, upon and across land described as follows: Said Tract being in the GIDEON WALKER Survey, Abstract 1330 Denton County, Texas, and Recorded i Volume 774 Page 854 in the Deed Racords of Denton County, Texas. Said easement crossing this property, C04111011 ng two parts, as herein designated and described, in(luding (I) o permanent easement 20 feat :n width, for construction, or reconstruct.inn of utilities and appurt- er:ances, and for perpetually maintaining ,r, k1~~~ec4lF;~r~~yAEase- ,f~lrf kT rent, and (2) ar, additional aired adjacent t.utfie permanen easefn __4(3___ feet in width, to be used for initial construction. PART 1, PERMANENT EASEMENT WITH CENiERLINE DESCRIBED AS FOLLO'WY BEGINNING at a point in the North lire of the aforementioned tract of land, said point being bouth 136 Degrees 53 Minutes East a dis- tance of 376.6 feet from the Northwest corner of said tract; THENCE South 26 Degrees 47 Minutes West a distance of 799.4 feet to a point; THENCE South 04 Degrees 16 Minutes West a distance of 821.6 feet to a point in the Southwest line of said tract, said point being in the Easterly line of a public road and being North 10 Degrees 22 Minutes West a distance of 303.43 feat fro+n the Southwest corner of said tract of land. r~ PART 2, CONSTkUCTION EASEME41 In addition to the 2g foot permanent easement as described above, an initial construction easement 40 fnut in width is to be furnished. This easement shall be adjacent and paraiW to the permanent easement and shall be 20 feet in width on each side of sal permanent easement. The Construction basement to be used for initial con,0 uction only. ;vot11~.3 IAG[ 9~l r ~VOi1.~~ ihCt ~il~ The City of OeoLo,'i, Texas ,'sha11 have the right afld privilt:ge to remove and dispose of, off the site, trees, brush, debris, excess exacavated material, etc, in the easements, that would interfere with access to the construction site and that would interfere with construction of the said facilities. '10 HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the said City of ticiiLon, iea,~s, its successors and assigns forever, together with tha right and privilege, of any rind all time s to enter said premises or any part thereof, for the purpose of constructing, reconstructing -:od perpetually maintair,nq ;,aid iacilities together with necessary appurte- nances inside said perpetual easements and for making connections therewith; a upon the con.ition that the City of Uonton, Texas, will at all times, after doing any work in connection with tie construction, reconstruction or repair of said facilities restore said premises as nearly as feasible to the condition in which same wee: found befure such work was undertaken, including repair of all fences that might be disturbed or damaged in per- forming said work, and rurther upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Menton, Texas, will not create a nuisance or du airy act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas, for any other purpose, under this grant, except as hereirr provide,. WITNESS OUR HANDS this day of , -~!r1'13 A.[1, 19,31. ~ 1 , Cl ~ 5 y to mc. t0 1,c t! (l 4 l _ i'1'Y a > f Y ~c L} Sllti1', ti L' tII° f0CCii;,ti' i L*1 ` ?'l.;'.' to 1." '~-nr.Y CiiOL!ill Clay 19_V . VcU11,lc t ! ZI~i) 3~C11' COU 1"Y Oc' F' BE RE P th e ntlr;Cr: r 1 i:~i: ~ 1~,;; a,l.7thnC.Lt%, Ilt a.nC1 f(JL' Sr?1C] County, Ti !xas, on this day per:orlally r'oL r(!c1 - k-no•rtn t0 iil° to iJ° the 1)°7.';:OIll. t7hC)sc.' RP. P.°_ _ ~15) ~ar°~ SI_lC)S^r_~1Oj7 to the focegoin j 1RS CU: tt, :::,d _C: ~:C7 f; S e'Y.eC(ItCC1 t:l'? sc.:(te for thL' J'1l!Ct]O;iC:;; iICC3 CC1nS,?. :'1''Cc1t 1Gr: therein . ext~rc~s ,ed. GINTEN UVDEr' IdY T'Ai'iD T`;^ S:-AI, O' 0;'CTCi;, Th-;,; Lh,- clay DIn'I`A~;.- 661,IC -(.N P.^fU 'J_{ COUNT`' Idy Co:nmiZion c x 0 c-2 TES. STATE O'F TFXF',S J COUiii t OF § BEFORE, IIt. h,2 Urldr~r: is{n^ 1 t lit;;clrit:y, %rt t1:1(1 for id County, Tc xran, on I:ili: - mown (I 1 to b:a f u' f ' t .CJ r1 t,;1d officer W1ZOo ' nilfl L 3W):;(:-jJ''rri to f 1!for(Ic C,il,:j l! t, F7t, and acknowledc;cd to rn_! that th; tt,,. corporation, and that tl. ( '(:r.l''.(!cl t},n t ' i1Ct: Of b'uch corpocat!on for d'' 1;QC0013, E!S c"Mi CU71:1L(:C!C.?l:i-r1 irl:;reLn expressed, an@ in the cap;,city l'r,~r< i;1 :1t.,:tec1. GIVEN UNDER IIY HAND A":!) SF +f, 0'-' 0 T OI-*i1r Til i-, thc, clay Of _ - _ - A.D. 19 - - t My Co;n;nian - ,VOL1113 t~c~ 999 THE STATE OF TEXAS VLA-1 i 94L 'COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT I WILLIAM D. SMILEY _ _ for and in consideration of the sum of one Dollar ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits that will accrue to our property: dn hereby GIVE, GRANT and EXTEND to the said City of Denton , Texas, its successors and assigns, the right to coast/ruct or reconstruct utilities and perpetually 1.d:1tI -,It, r.,411., C. r,<'- tt/~ , maintain an Aid-ftrpasc--ut-irity Easement in, upon and across land described as follows: Said Tract being in the GIDEON WALKER Survey, Abstract 1330 Denton County, Texas, aid Recorded in Volume 774 Page 854 in ' the Deed Records of Mentor, County, Texas. Said easement crossing th.'s property, comprising two parts, as herein designated and described, including (1) a permanent easement _ 20 feet in width, for construction, or reconstructio~ili ' PPurt- enances, and for perpetually maintaining an Ease- rent, and (2) an additional area adjacent to the permanent easement -4-0- feet in width, to be used for initial construction. PART 1. PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the North line of the aforementioned tract of land, said point being South 86 Degrees 53 Minutes East a dis- tance of 376.6 feet from the Norchwest corner of said tract; THENCE South 26 Degrees 47 Minutes West a distance of 799.4 feet to a point, THENCE South 04 Degrees 16 Minutes West a distance of 821.6 feet to a point in the Southwest line of said tract, said point being in the Easterly line of a public road and being North 10 Degrees 22 Minutes West a distance of 303.43 feet from the Southwest corner of said tract of land. r, PART 2. CONSTRUCTION EASEMENT In addition to the ?Q foot permanent easement as described above, an initial construction easemei, 40 foot in width is to be furnished. This easement shall be adjacent and parTlel to the permanent easement and shall be 20 feet in width on each side of said permanent easement. The Construction Easement to be used for initial construction only. L-_ The-City of Denton, Texas shall have the right and privilbge to remove and dispose of, off the site, trees, brush, debris, excess excavated material, etc. In the easements, that would interfere with access to the construction site and that would interfere with construction of the said facilities. TO HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the said City of Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and all times to enter said premises or any part thereof, for the purpose of constructing, reconstructing and perpetually maintaining said facilities together with necessary appur- tenances inside said perpetual easements and for making connections therewith; all upon the condition that the City of Denton, Texas, will at all times, after doing any work in connection with the construction, reconstruction or repair of said facilities will restore said premises as nearly as feasible to the condition in which same were found before such work was undlartaken, including repair of all fences that might be disturbed or damaged in performing sail work, and further upon the condition that in the use of the afor did rights and privileges herein granted, the City of Denton, Texas, will not create a nuisance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas, for any other purpose, under this grant, except as herein provided. WITNESS OUR HANDS this ,,~"A~Iday of ' r a ll, AA s 1981. f+f! ;r f - 1,iE STATE OF TE ;AS ) t vVALLJ PAGE 9l2 COUNTY OF DENTO KNOW ALL MEN BY THESE PRESENTS: t Ra~pll YJ. THAT We, +ewi-s-lr-- Wilson et al for and in consideration of the suwu of one Dollar ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the henefits that gill accrvVe t, our property, do hereby GIVE, 6KANT and EU PO to the said City of Denton, Texas, its successors and assigns, the right to co,rstruct or recon~t~uct utilities and perpetually maintain an A=_ in, upon and across land described ds follows: Said Tract being in the GIDEON WALKER Survey, Abstract 1330 Denton County, Texas, and Recorded in volup:e 774 Page 854 in the Deed Records of Denton County, Texas. Said easement crossing this property, comprising two parts, as herein designated and lescribed, including (1) d permanent easement 20 feet in width, for construction, or reconstruction of utilities and appurt- enances, and for perpetually maintaining urlN~I~A yae.,> ment, and (2) an additional urea adjacent to Ue' permanent easement _IL_ feet in width, to be used for initial construction. PART 1. PERMA!,NT EASEMENT ;i1TH CEN1EkLINE DESCRIBED AS FOLLOWS: BEGINNING it a point in the North line of the aforementioned tract of land, said point being South 86 Degrees 53 Minutes East a dis- tance of 376.6 feet from the Northwest corner of said tract; THENCE South 26 Degrees 47 Minutes West a distance of 799.4 feet to a point; THENCE South 04 Degrees 16 Minutes West a distance of 821.6 feet to a point in the Southwest line of said tract, said point being in the Easterly line of a public road and being North 10 Degrees 22 Minutes West a distance of 303.43 feet from the Southwest corner of said tract of land. , PART 2. CONSTRJCTION EASVLiT In addition to the 2Q foot. permanent easement as described above, an initial construction easement 40 t)ut in width is to be furnished. This easement shall be adjacent and parall l to the permanent easement and shall be 20 feet in width on each side of sail permanent easement. The Construction Easement to be used for initial const~ustion only. 41 The ,City of Denton, Texas, sr,all have the right turd privilege to remc-ve and dispose of, off the site, trees, brush, dt•bris, excess exacavated material, etc, n the easements, that would interfere with access to the construction site and t t would interfere with construction of the said facilities. TO HAVE MD TO HOLD, all singular, the privileges aforesaid to it, Lhe said City of Certon, Texas, its successors and assigns forever, together with the right ei.nd rr'ivilege, at any and all tirn-s to enter said promises or any part thereof, for the purinse of constructing, reconstructing ,-.,id perpetually maintaining said facilities toyether with necessary appurte- nances inside said perpetual easements end fur, making connections therewith; 6,, upon the core ition that the City of Denton, Texas, will at all times, after doing any viork in connection with this construLtiun, reconstruction or repair of sd,l facilities restore said preen es as nearly as feasible to the condition in which sane were found before such work was undertaken, including repair of all fenc.rs that might be disturbed or damaged in per- forming said work, and iurthcr upon the condition that in the use of the aforesaid rights and privileges herein Iranted, the City of Denton, Texas, will not create a nuisance or do any act that will be detrimental to said premises and that said tract will riot be used by said City of Denton, Texas, for any othep purpose, under this grant. except as herein provided. LG WITNESS OUR IIA14DS this t_ day of c-7, 1/l7irc~c~ - A.D. 1G81. vote j~j i,rcl 9~3 TOM GREEN ~ ~~'lll C:~I r ~l ~':•:i':.., tJ:I :I l i:~I: t''i , , i:.-.-r,;i ~ ~ _-REILPH W.-, {dI-1$~N _ fnorrn 1 t to 1: e to t' z :cc UCf_C~n the 1,0r i:it~. fo'rr; O-. ~n i (]"1•f•Ln r, VL, l [ l , Lail , Lh Clay 9th o;: November 19 81 - ~ ~ cum - - c Mary Bailey ~.=28. 85_. CCU0_' c, 0 _J.`.l', ail al ilCi LO!' E•-'I C7 c. ~'OUnia', on tlil s da,,' FJ?C Illy ~:c) ] CLCi e } rlo•an - - - U I'1° O kl£ U i 'Ji 44f4O. _ 11' ul 15} tatLF'} `ill'Q:"C[lh='..~ CU the Lo piag in' t .l:;r :;1 , :.ni7 ac,',11_> l'CC( r? to e X r. r 'cll el tit-: ^a ).cr the r I: c i cc)r.side-rLEzoa tk:ere:i.It e::pr.ess,--J GIVEN UNDr:3 b. ;:\N'7 AND UcO" 'FC " i Si. .L , '.rEliS t:hE' day of t A.D. t'1UT) PUBC,_C TiI ?:,`i 1 k'UR My Co-1:,ls1C)il exPi L, THE STti"E OF 1 `,_li,.S,..t ,J COUMil UC J BECO?X t'.`E, the unde.-s?c~t1_T authority, in ziiic7 for C;c:id County, on this (f.;y p,-r ll.y i1,-,, lrc E krl(twll tr) r, to ht• L11", c)LE1ceC :ahU:, Ilf:l l:i ;L1.tSC 1C.)i'd fC) t:.. it7 (i;pEf:'I 1[lc)L::llt.:?rt, Si<!;. . OI' t(I~ r.1C7 co r. or~~ti:nl tMI c hr e: ^c uct'c' f ne ~',n; , th L-A ,,r•t of such car [)a,- -:I I- ion for t11 P; ,I 11101 c.On 7l?i`. ali'_p;l L 1 CC.LI1 expressed ;!n<, 111 the L:r!pic,lty tllr're it staLeul GIVEN U2fCER btY Fl;.'4f'; ANF) c,[, m m.':' [Cr , 5^h L:il e'n - A . 0. ID My Cc)ilrai. ; i.on expi.;c . WA 1-1330 Eon ~ oa ~r ~j4--j 1F_N7- ~ ~ CONSjQUCJ!JN EASiv9r E.aCN 5/iJt-I~C9 GO 38 ,SIC, rl;7t4Cr (S)o~ ~ ~ ~--Exlsr. ~ ~NCE a W W U6 /~l//3L!Cno~rn. t=J7CUIN Ur/L l rY 4,45~M91V76 A. AREG, RRS. M, W14 SCAN, ' 41414 Wrl ZAl oo 4l 3El~TEMl3EQ 1981 VOL. 114, /a,~,~ Ei54/JEf/J I,)EC'UQ/J5 /JrAjON C'OU/V rY, JE'XA5 1V~f1~,~tJ WAGEi1.4e.~ { ~ t ' 1 ~lq/t Lf t~Fs Rrva dbrFnj f~'lni.Cllf rY. r~_,, : Crfl'~ti IY OF n(/IJ71 Q'um F.a,J r 1S 110 f f r.- Ji:fy y ypanty a C/ r`~ V r r C" 1~yj r, Co.' a rn `r~• Nt,jp fD C T t C rt FA- w z r' rt (n `L1 d ° R IQ rt A,, to rt r ^^^1ii rt w mph JIVI , , w 446 ' 1r1E STATE Irk (}!(AS VOL 1114 r ~ h;NOW ALL MEN BY THESE PRESENTS: '(uUNTY OE !n :I l wk a DEED RECORDS , f THAT WD Victor Equipment Qompany for, en,l in c. nsideration of the sum of one Oullar (51. ,,i) wA to u., ii hand laid by the City of Denton, Texas, a 11,111licipal rWp'j",JLiUn of the huunty of Denton, State of Texas, the receipt of which k l,trreby a0 nuwled;ucj, and other good and valuable consideration including tnw hvriefits th,t will accrue to our property, do hereby GIVE, I.fL',NT acid > Lid) Lu the said City of Denton. Texas, its successors and ossiyns, t1 o, to c.unstr'uc.t Or r,-construct utilities and perpetually aintain cur rill-furl,use Utility Easement in, upon and across land described ors follows. Said ir,u t being in the E. Puchalski Survey, Abstract 996 , Denton i.uunty, Texas, and Recorded in Voluwe 521 Page 565 , in the D J Records of Denton County, lexas. '.,aid easewo,of crossing this property, Louq,rising two parts, as herein designated mi,,' described, including (1) a hernwnent easement _ 20 feet in width, fcr construction, or* reconstruction of utilities and appurt- (.,nances, in d 'or perpetually maintaining an All Purpose Utility Ease- rient, and t rri additional area adjacent to the permanent easement 40.._., feet in ridth, to be used for initial Construction. PART 1. ill1,MPNENT EASEMENT WITH CENiERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the Southwest line of the aforementIcned tract of land, said point being South 33 degrees 00 minutes 07 seconds East a dis- tance of 410.57 feet from the Northwest corner of said tract, THENCE North 27 degrees 43 minutes 32 seconds East a distance of 521.51 feet to a point in the North line of said tract, said point being in the South line of F.M. Road 1515 and being South 88 degrees 30 minutes East a distance of 135.62 feet from a highway right-of-way monument at the P.C. of a curve to the left. FART 2. CON'J RUCTION EASEMENT In addition to the 20 foot permanent easement as described above, an initial construction easement AO foot in width Is to be furnished. This easement shall be ad,j6cent and parallel to the permanent easement and shall be 20 feet in width on each side of said permanent easement. The Construction Easement to be used for initial construction only. , r Thc City of Denton, Texas, shall have the right ;ind privi eye to remove and dispose of, off the site, trees, brush, debris, excesr, exacavated rrateriel, etc, in the easements, that would interfere with access to trio construction site and that would interfere with construction of the said facilities. TO HAVr AlM TO 01.D, all singular, the privileges aforesaid to it, the s,-,,id City of Cr+ nn, jox, I its succe'..,or; „n+i as ;in,, forever, Logett+er with th.: right •,nd pr'ivilego, at 'Irny end all tim ; to enter said premises or any part thereof, for the pugvi,;e of construcl.ing, reconstructing c',d perpetually rointaininq said facilities together with necessary appurte- r,ancas inside said perpetual easements dnJ for makin,,t cormoctions therewith; upon the con itiun that the City of Urnton, Tr,xas, will at all times, a,'ter doing any work in connection with t1w construction, rr,construction or repair of said facilities restore said premises as nearly as feasible to the condition in which saniu: were found before such work was undertaken, including repair of all fences that might be disturbed or damaged In per- forming said work, and further upon the condition that in the use of the aforesaid rights and privile(jrs herein Zranted, rhp. Cit., nf Menton, Texas, will not create a nuisance or du artiy act that will hc' ro trimental to said premises and that said tract will not he used by ;aid City of Denton, Texas, for any other purpose, under this grant. exr.rpt as herein provided, WITfiESS OUR 11MOS this 2 (~~lday of }fUC w - -y- - A.D. 7931. N r State of California ) County of San Francisco) ss. Subscribed and sworn to before me this 0 y of No 116 m er, 1981. eG ota)ry Pu 1 c OFFICIAL SEAL GINA DAVIS NOTARY OVBI+C • CAlrFORNIA Sim rwisco Com Mr COMM. upiret MOY 25 1983 v011114 m[ 447 r z ' VOL 1114 fAE W "CM 5 B8'3OE .r /35.6 2 6 ~uG~1 A'99 ~g 20 PF_ /?M 4NENT o~ / ACL /~u/?/X15E C/y%L/rv E 4s,5AIfEi1/T O. C) / 20 TEti>/~Or1~'?✓ C'ONSJ"QUCT/ON -64SMr r•,4CN 5'//JE 1-011\/7 ~ 3t fi/NNiti'6 a U714i7Y E4 sEMENrs vac 70V SQUIPMEN T 0A. VOL. 2/ , P46Ag 565• LXETJ 2EC101,?D6 ,JEAVTON CalAITY,, TEXAS EDWIAI A AroEL, ,0 09 NOV 796/ ■ 1 r ~ ~ F 1 r 'fir ~ ~ 19Y! tTTTlOA H H n ~ O O ~HF3 ~C o O M lid til IR a v, ; N r r, 1 ' ; N N t s~~8~ 9 ■ THE STATE OF TEXAS ' KNOW AL(, MEN BY THESE PRESENTS: CUU'NTY CF' DENTON ,)f En RkORIII THAT l«'7 for and in consideration of the sum of one DOLLAR ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits tl,,t will accrue to our property, to hereby GIVE, GRANT dnd EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct or reconstruct utilities and perpetually maintain an All-Purpose Utility Easeiiient in, upon and across land described as follows: Said Tract being in the S.A. PRITCHETT Survey, Abstract 1004 , J. EDMONSON Survey, Absixict 400 , Denton County, Texas, and Recorded in Volume 966 , Page 60 in the Deed Records of Denton County,'Texas. Said easement crossing this property, comprising two parts, as herein designated and described, including (1) a permanent easement 2 feet in width, for construction, or reconstruction of utilities ar purt- enances, and for perpetually maintaining all All Pur,ose Utility Ease- ment, and (2) an additional area adjacent to the permanent easement _4n feet in width, to be used for initial construction. PART 1. PERMANENT EASEMENT WITH 'CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the West line of the aforementioned tract of land, said point being South 06 degrees 46 minutes 30 seconds West a distance of 453.95 feet from the Northwest corner of said tract; THENCE South 52 degrees 19 minutes 20 seconds East a distance of 551.46 feet; THENCE South 84 degrees 19 minutes 20 seconds East a distance of 12.7 feet to a point in the East line of said tract and in the West line of Bonnie Brae Street, said point being 787.03 South and 195.55 East of the Northeast corner of said tract. PART 2. CONSTRUCTION EASEMENT In addition to the 2_ foot permanent easement as described above, an initial construction easement 40 foot in width is to be furnished. This easement shall be adjacent and pars lel to the permanent easement and shall be 20 feet in width on each side of said permanent easement. The Construction Easement to be used for initial construction only. ~ vctl~i'~ 1'ht1133 ~If .l.~l' t The City of Denton, Texas shall have the right acid privilege to remove and dispose of, off the site, trees, brush, debris, excess excavated material, etc, in the easements, that would interfere with aixpss .o the, construction site and that would interfere with construction of the said facilities. TO HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the -raid City ;f Denton, Texas, its successors and assigns forever, together with the right and privilege, at any and all times to enter said premises or any part thereof, for the purpose of constructing, reconstructing and perpetually maintaining said facilities together with necessary appur- tenances inside said perpetual easements and for making connections therewith; all upon the condition that the City of Denton, Texas, will at all times, after doing any work in connection with the construction, reconstruction or repair of said facilities will restore said premises as nearly as feasible to the condition in which same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in performing said work, and further upon the condition that in the use of the aforesaid rights and privileges herein granted, the City of Denton, Texas, will not create a nuisance or do any act that will be detrimental to said premises and that said tract will not be used by said City of Denton, Texas, for any other purpose, under this grant, except as herein provided. WITNESS OUR HANDS this ,S_r4 day of ~e1 A.D., 1981. G Ile THE STATE OF TEXAS S COUNTY OF DENTON S This instrument was acknowledged before me on the 25th day of November, 1981. JEA.NE'T1'E SCGTT + W7 Pdk fth t4~iet 11.1!!s 5:0(/TN L/~'~' lUtit S.4JVJS SU/,?~. r ~ `I N W COQ. J~ oo 500 0~5 ~0- 5C44 F': /00' TOMMY N04 ~4 ~lN F /5, 2 A, ~ IN1'1 /3EqJNN/NG ,C~\ m \ \ " I-aE nAPY t O 20 9;Wr. Z CON67P!/C /ON 64 f EACN ~J/JE Z i \ ~3~. ~ its 20pEPM4N£ . ALL PUVMSF. UI'/L I YY E,45'EMEN r \ \ '~o'E 4/7/07Y S45EMENT6 se41,l2/s7' TONIMY 470 904 4M4NAw 112 40 VOL . 9 6 6, /SAGE GO - /J6'ElJ J?HCO I?/JS IDENj'OAI COUNT'- TE.4'A5 g5OWI~yNc- A~ A/~E- LL, VPs. VOL~jjj 7-fMfaJ APh i O *i rc N O ~ N rC to Lu z ~Z z H Z HT]" MP'A lrrz-~sEraErvr_. _ --___~1~r3~.4Lkua~lcryfP~~11~►~.~;.,al~,.. i! THE STATE OF TEXAS AURA IAGE 444 } KNOW ALI, NIEN 13Y 11IFSE (RESENTS: COUNTY OF DENTON pEEU ht.l.i)',cua i~ ~ ii 7II,17 STERLING L. SMITH and wife JEANETTA SMITH e5 ~~•~r; f li „f DENTON COUNTY, TEXAS in consideration of the sum of I One dollar ($1.00) and no cents------------anal other good and VALlable consideration I f j in liaml paikl Ly the City of Denton, Texas receipt of which is hercoy acknowledged, do by these presruts gr,nrl, hargaiil, sell :md convey unlu to the City of Denton, Texas the free I~ it and uninlerrupted use, lihelly and privilege of the passage in, along, upon and across the following descrihed property, i III + I uwucd by them Situated in Denton County,l'exas, in the N. Ii. DIEISENIiEIMR SUINCy, Abstract No. 811 I 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 N.H. Meisenheimer Survey, Abstract No. 811, and being I part of Lot No. 7, Block 1 of the Bolton Addition, an addition to the City and County of Denton, and also being part of a tract of I land as conveyed from Bennie W. Evans, Jr, to Sterling L. Smith and wife Jeanetta Smith by Deed dated 9-16-80 and recorded in Volume j 1036, Page 557 of the Deed Records of Denton County, Texas, and more particularly described as follows: J Commencing at the northeast corner of said lot, said point lying on I~ the west right-of-way line of Locust Street; ~i i Thence south along the east boundary line of said lot and the west right-of-way line of Locust Street a distance of 10' to the point of J beginning; ! Thence south continuing along ;raid ling a distance 10 feet to a point for a corner; Thence northwest a distance of 22.36 feet to a point for a corner, 10 feet south of the north boundary line of said tract; Thence east 10 feet south of and parallel to the north boundary line of said tract a distance of 20 feet to the place of beginning and containing 100 square feet of land more or less. And it is ftrrtlleragreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the properly above described, such fences, buildings and other obstructions as may new be found upon said property. i Forthept.rposcof construction, installing, repairing and perpetually maintaining drainage facilities in, along, anon and across said premises, with the right and privilege at all times of the grdnlee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, finprovenlcrlts oil and repairs to file said drainage II facilities or any part thereof. TO HAVE. AND'rO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness our nd E, W~uerod~r this the 30i~ day of , A. 1). 19 81 , STERLING L. SMITH THE .Tb; OF UznS, ACKN01LY IIG NI E NT , ' I f 1 OF' De ikon )!I l',' 1111-4 the ander.-AiKned authority, in ur Ftldt'„unty,'t,'xnv, 0Ji 11> prr,;,,~,,,jiy;,i,l„_tr,•~I STERLING L. SMITH and JEANETTA SMITH knoup ttiJne tp ht• the person S 1010a vmn,, s are .uh.;rr;bo~l 1~ thr fnrr ofn K k instrument, and acknowledged to me that they , t xocutc I the s:niir fur iht• pui prls," :wd c~n=id, i nti~n tt~t t, in exyr .cd. A C[1'F,N liNl}mill 111' HAND ANA) sr %1, (q, 1tF'hfr'I','I lii: clay uf~l-Pee ?I Sj t.,A.rr.IJC9 V ~tnry 1'uhlic„ ~ j} ounty, Texas / lv l'nrunus,siN' on Expires ' THE STATE-OF TEXAS, A('hNOWLF;UG11R i COUNTY OF f BEF'ORF AIE, the undersrKned authority, in and for said County, 'Par'ts, un thfs day prrn~m~tlly ;rppna!'rd knun to me to be the person =e name subserdvd to the foregoing in.tniment, and acknotrl,•dacd to me that he. executed the aurae for the putpi)coet:nid eunsi,b~rati, I n therein expressed GIVEN UNDER 111' HAND ANN SEAL oF• r*'Yfr't:, 'I'I Is day of A.D. 13 s0rtry Public, County, Texas 5fy l'omn,isshm Expires........... CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned authority, In and for said County, Texas, on this day personally appeared whose name is subscribed to the fnregoing instrument and acknowledged to me kown to me to be the person nthat the same was the act of he said a corporation, and that he executed the sane as the act of such corporation for the purposes and conrlderatlon therein expressed, and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAT:, OF OFFICE, Thfa day of A.D. 19.__.. Note,rv Public, County, Texas My CommHsfon Exalrea CLERK'S CERTIFICATE THE STATE OF TEXASr l COUNTY OF f f _ County Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing dated on the day of A. U. II with its Certificate of Authentication, was filed for record in my office on the - day of , A. D. 19 , at o'clock M., and duly recorded this lay of A. D. 19 , at o'clock M., in the Records of said County, In Volume.... , on pages WITNESS MY HAND Ai;D SEAL OF THE COUNTY COURT of raid County, at office in . the day and year Inst nbot•e written. County Clerk County, Texas. (L. 3.1 DY '1~,., Deputy. Jeb e, i j Gl nA;14 Qt,~ f 44 3 E v f~ F3.~ . uj 10 4[J~ ! ) ON 1-4: 103 lir np, I Ixt i a G ~1j { I I i b ' r~ to W ° S . z jva 4405 " " {eg >3 a /1/Or~n~b~ %LO THE STATE OF TEXAS § AGREEMENT FOR AMBULANCE SERVICE COUNTY OF DENTON § This Agreement made and entered into on this the 12th day of NoyemUeC , 19 81 by and be.ween the C'tl of oenton, Texas, acting herein by and through its Mavor, thereunto duly authorized by Resolution of the governing body of said City, hereinafter called "Denton", and the City of Lake Dallas, Texas, acting herein by and through its Mayor, thereunto duly authorized by resolution of the governing body of said City, hereinafter called Like Dallas, WITNESSETH: 1. Denton hereby agrees to provide ambulance service to the citizens of Lake Dallas upon the conditions and terms contained herein. 2. Denton shall provide ambulance service to Lake Dallas upon request for such service; provided, however, it is expressly understood by the parties hereto that said ambulance service demands by Lake Dallas is necessarily subordinate to the best interests and needs of the citizens of Denton and that the determination of whether or not personnel and equipment are available to provide ambulance service at any particular time upon request by Lake Dallas must be left to the discretion of Denton, and it is agreed that the decision of the City Manager of Denton, or his representative, in regard to the availability of ambulance equipment and personnel to provide the requester) service at any particular time shall be conclusive and failv.re to provide requested service shall not be considered a breach, default or violation of any provision of this Agreement. 3. It is understood and agreed by the parties hereto that if for any reason Denton does not furnish personnel or equipment for ambulance service outside of its corporate limits, although notific-d of the need for such service, that r Y r • • 1 1 r f Denton shall not be liable in damages or otherwise for the failure to furnish the same. 4. Denton hereby agrees that (1) the Denton County Ambulance Committee may inspect and evaluate all equipment and services being provided by Denton at any reasonable time and (2) that prior to receiving any monies from Lake Dallas, the ambulance service provided for herein will meet or exceed all requisite standards of equipment and service as determined by the Denton County Ambulance Committee. 5. Denton shall acquire and maintain in force and effect during the term of this Agreement public liability and property damage insurance, issued by a company authorized to do business in the State of Texas, providing for payment of any liability imposed upon Denton, its officers, agents or employees by law as a result of the injury or death of any person or persons or for damage to property resulting from the ects or omissions of any person or persons employed to provide the ambulance services subject to this Agreement. 6. In consideration for providing fir ambulance service to Lake Dallas, Lake Dallas agrees to pay to Denton for each year of the term of this Agreement an amount determined by multiplying the number of persons residing in Lake Dallas by Two Dollars and 50 Cents ($2.50) (population X $2.50). The figure used for determining the number of persons residing in Lake Dallas shall be that population figure contained in the latest edition of the North Central Texas Council of Government's Regional Directory. 71 The City of Denton is not prohibited by this Agr-aement from charging any patient using such services fees as may be provided by Ordinance of the City of Denton, Texas. 8. It is expressly understood and agreed that, in the exercise of this Agreement, neither Denton or Lake Dallas waives, nor shall be deemed hereby to waive, any immunity or L i defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 9. This agreement shall continue and be in full force and t 1% effect from year to year until such time as either party hereto, k,y nctice to the other, may terminate the same, such termination to be effective not less than ninety (90) days after the giving of such notice. EXECUTED at Denton, Texas, on the day and year first above written. CITY OF LAKE DALLAS CITY OF DENTON, EXAS BY., R R ATTES A,Tft8 ~ 144 SEC TARP SECRETARY CI OF LAKE DALLAS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNE'! CITY OF DENTON, TEXAS BYs rr CJ J l~~ -IS f RRUU .