Loading...
HomeMy WebLinkAbout12-1981 em per' 1 L STATE Or (.',0TY OF DL-N-- K'J~JW ALL MIN BY THESE PRLSENTS: L), J''C)ri 4 i THAT WF ' 11 'iQ !"1as41..,ar'4`t~'s. - - c3 for a in c sideration of the suns (If one (h)LLAR ($1.00; sh to it iand pair: ty the of Denton, Texas, a niunicipal curlia.a~,inn of the :ounty of uei ion, ;tale of Texas, the receipt of which is hereby ack.n~,,,ied,ed, and other yood and valuable consiier~ition including the b.;c,fits that ,ill accrue t our iroperty, to hereby GIVE, G,XiT and EXTEt, fo rirr rid City of DeriL-n, Texas, its successors and a signs, the r V to .ti ct or, rrcon,,ir*uct utilitie, and perpetually maintain an Ali oii,;, A „Lil 'Y CaseW"" 'n, 11 r,un and rcross land describcd a follows: Said Ty-,+ f beiny in the O.S. flrew:to Survey, Abstract 56 , and Thovvv W. D,iugherty vrvey, Abstr,,ct 357 , Dentui, i,uunty, Texas, and Recor'rd in Volume +25 , k'age 312 in the Deed Records of Denton County; TeAUr. Sa!d easement rossiny tnis roperty, r.u1:;,1 isin9 two parts is herein des'gnated anti 'r-;cribed, ludiny (i) ,r ;,er~manent ea.rneut -2 Q feet in width, for i,tructiun, ;r reconstru,,ion of itiiities and appurt- enances, and tur perpetually rnaintai+iny 1 Ail ,urpose Utility Ease cent, and (2) on additional area adjacent f, f,io pern,ariunt easement 4IZ_ feet in width, to be ed for initi.il ;'11"t uctinn. FART 1. VEi?MAiI_NT EASEMtir( #1TH CENTIi,i,l',i DC;CRIL10 AS 1OLtOWS: SPINNING at a Jiit in t6u _outh line or the afo,'e;v,2ntio11eJ tract of !and, said point beiny Suuth 81., degrees 36 minute; West a -Jistan(:e of 262.0 feet from a Texas Hichway Departmeit right-of-w;ry marker at the Southeast corner of said tract of land; THENCE North 25 degrees 24 minutes West ~i listance of 317.5 feet to a point; THENCE North 50 degrees 46 ini,iutes 30 seconds West a distance of 545.9 feet to a point, THENCE North 01 ~r)recs 25 minutes West a distance of 913.4 feet to a point in the North fer,Le line of said tract, swirl point being North Si Llrgroes 51 minutes East a distance of 10.3 feet from the Northwest fence comer o,' said tract of land. PART 2. f,ONSTRUCTInN EASEMENT In addition to -.he eO out permanent easement as discribrd .,,,uve, an init~al construction easement 40 foot in width is to be furnished. This easement shall be adjacent anu-parallr-l to the permanent easement and shall be 20 feet in width for the first .63.4 feet and 40 feet In width on the Eyst side of said prrr„anent Eraserrent for the remyfnder of said permanent easer,en':, The Construction Easement to be used for initial construction only. va1114 inn 747 ra VOi.11A rnE 74S The'City of [Denton, Texas, shall have the right and priJi?egq to remove.' and dispusse at', off the site, trees, brush, debris, excess exacavated material, stc, 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 Den-con, Texas, its successors and assigns forever, together with the right and privileqe, at a•iv and all times to enter said premises or any part thereof, for the purpose of constructing, reconstructing ='.d perpetually maintaining said facilities together with necessary appur•te- rances inside said perrpeLual easements and for making connections thr.rewith; s,i upon the con ition that the City of Denton, Texas, will at all times, eftar 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 same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in per- forming said work, and `orther upon the condition that in the use of the aforesaid rights and privileges hey iir~ nranted, 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 till not be used by said City of Centon, Texas, for any other Furpose, under this grant. except as herein provided. WITNESS OUR HANDS this _ day of tCt~c c R A.D. 1991. V ~e=e.. ~ ~1K, wit 74E STATE OF TEXAS 5 COUNTY OF § BEFORE bIE, the undersigned authority, in and for Said county, Texas, on•this day personally appeared to me to be the person whose name (is)(a+re~ subscribed known to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. of Gz1IEN UNDER MY HAND AND SEAL OF OFFICE, This the 2-2f-4-day A.D. 19 N ARY PUBLIC IN AND FOR COUNTY, TEXAS My Commission expires:, THE STATE OF TEXAS 5 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_ 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 EN AND FOR COU14 Y, TEXAS My Commission expires: , THE STATE OF TEXAS 9 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 per.-on and c7ficer whose name is subscribed to the foregoing instrument, and acknowledged to me that the ;ame ,,ias the act of the said a cocporat on, acid-E aY he_ e cecsted the -ame as the act o` such corporation for the pueposr!s and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER 14Y HAND AND SEAL OF OFFICE, This the day of , A.D. 19 NOTARY PTErC Iii ~,2l~ FOR _ COUNTY.. TEXAS My commission exii:e3: tvoE11.14 ME 749 . 1 • r r ~ 750 ' U uL I` a ~E I.' f ~1' f A~,S o „ ~ 140 I !i O LY LL.J0'1r1UC/ -/0V I ~ r-:•L~F,l1ENj- w --;rs,~~;~,~~~ coN~~~~;~l;rr,~ 1 i 13) 1/ N UNS CU. 514JV/5 4)Vf~Y UT/L / T Y EASEMENT cJAM,ES i; M,.150N7RJ 16rEr rEYJLU/NA.AAELy 2R5. 4554CZ T11ACT 9forE,t 19E' 1 AOL. J25,,OAbW'3Jo"'-I1LF/J1?LCO?/-)5' a--1V70N COUNTY, Tf .4~? 5 ~ r t Tel., ~aa I.T.TTIcn + r, rrr M rt C {q ~ r O ~ + f6N a ~Nil) 1PPP a e • C $ a „ : 8 •a~ ,4u a a`, $ n n` r. ,r \ .Tq ~Q ~~131]( a j v M N ~ r• ll 0 34 r r t VOL 752 'E STAII m -1S KNOW ALL MEN Bl THESE PRESENTS: COUNTY OF ULNtI. ~ a3llf:~j v THAT 1 , James F. M ;on, trustee for arid •n consideration of the sum of one Dollar ($1.00) cash to L•~ in hand paid by the City of Denton, Texas, a municipal corporaticifl of '.he "ounty of Denton, State of Texas, the receipt of which is hel'eby ackn wle_-ed,'and other IJood ind valuably rorsideratiop including the bcnefite Ihdt ,rill dccruo to our property, do hereby GIVE, hltANI and I.KI:I J to Lh.. ity of Dentur!, texas, its successors and assigns, tho r ght to constr rL or reconstruct utilities and perpetually maintain in Ali-Purpose Utility Lasement ir, opun and across land described as follows: Said lract being in the O.S. Brewster Survey, Abstract 56 Denton Cuunty, texas and Recorded in Volwfe 725 , Paya k5 in toe need Records of Denton County, icxas. Said easemenL crossing this property, cunurising two parts, as herein designated atiJ described. including (1) a permanent easement 20 feet in width, fur construction, or reconstruction of utilities and-appurt- enances, and fur perpetually maintaining an All Purpose Utility Ease- ment, and (l) an additional area adjacent to the permanent easement AD feet in width, to be used for initial construction. PART 1. P1Pt-tl,f,ENT EASENI.NT ;ITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the ouch fence line of the aforementioned tract of land, said point being North 88 degrees 51 minutes East a distance of 10.3 feet from the Southwest fence corner of said tract; THENCE North 00 degrees 27 minutes West a distance of 1325.4 feet to a point in the North line of said tract, said point being 10.5 feet East at right angle from an iron pin found in the West fence line at the Northwest corner of said tract of land. PART 2. CONSIRUCTION EASEMENT In addition to the 20 foot permanent easement as described above, an initial construction casement 40 _f,.-et in width is to be furnished. This easement will be adjacent and parallel to the permanent easement and will lie on the Erst side of said permanent easement. Constructior: easement to be used for`innfffa-T" construction only. ~ a the City of Penton, Texas, shall have the right a anal hri~'i'a ge to remove and dispose of, uhf the site, tries, brush, dct,ris, exr.ess eKacavated material, Qtc, in the easerments, that l•;oulri interfere with access toile runstruction site ,end that wuuld interfere v;ith Consh•uction of the said facilities, 10 HAVE A'!'r i'J HULD, all siW3ular, the privikc1l aforesaid to it, the said Of t'Clitoil, Tex.-", its sucCesSors ind "Signs forever, togr.ther with th(r rigrit ~,nd privilege, at ,+n,J uu~ all fill 5 to enter said i;r;mises or any part thereof, for the purpfise of constructing, reconstructing c„d perpetually iliaintainirig said I` ilitic, tugether with necessary appurte- r, eras inside s,id perf~etuai easements aryl for 'iakinq connections therewith; upon the core ition that the City of Ueuton, Texas, will at all times, :fear doing any work in connection with the con,tructinn, reconstruction or repair of said facilities restore said i emlises as nearly as feasible to the condition in which same' were foUnl befurc ;uch i,,ork was undertaken, including repair of all fences that might be oisturbed or damaged in per- forming said work, and further upon the condition that im the use of the aforesaid rights and privileges herein granted, the Cif, of Denton, Texas, will not create a nuisance or du al act that gill be detrimental to said prenliSes and that said tract will not he used by .aid City of Denton, Texas, for any other purpose, ender this grant. except as herein provided. WITNESS CUR HANDS this ~Sr day of A.O. 1911 . ,V61J114 1AGE'103 ` THE STATE OF TEXAS COUNTY OF § ' l VO11.114 oic 51 BEFORE ME, the undersigned authority, in a'pd for said County, Texas, on this day grsonally appeared to me to be the _ known person whose name (is) (a e~- su_bYscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration`therili expressed. VEN UNDER MY HAND AND SEAL OF OFFICE, This the day of ~~✓,,.1~,} , A.D. 19 j/ ZARLPI~IBLIC 19 AND BUR lr1/ COUNTY, TEXAS My Commission expires: THE STATE 'W TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared to me to be the known person_ F,hose name e (is) (are} subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration VaereI expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of , A.D. 19 NOTARY PUBLIC IN AN FD OR COUNTY, TEXAS My Commission expirE:s: THE STATE OF TEXAS § COUNTY OF § BEFORE M$,, the undersigned authority, in and for sa.,;d County, Texas, on this day personally appeared known to me to be the person and oTficer whose name is subscribed to the foregoing instrument, and acknowledged to me that the some -vas the act of the said a corporat on, 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 RAND AND SEAL OF OFFICE, This the day of A.D. 19 NOTARY PUI;LIC IN A.,1O FOR COU,`ST"t, TEXAS m Commission expires: f• . i ' My" 26' AEVAAANEn/r 67C,4LE: 200 ALL pU/1f~OSE UT/L IT y EA5'EMENT 5vR TER "I r3 .56 p~ A of 40 TEN1PO1,;)M9V CO VS"UCTiOV E.4,s,4z S.w. co/2 N88ork /0.3 00//V r ~ /3Ea/NN/NO ,6DU//N X AF0EL P PS. NO t/. 1961 4/7i4/7y ~~4s~~lENrs VOL. 725, A,4GG 365•- OEEb /?ECUQ~J5 IDCA 'O/V 00eINT Y, TEXAS VOL.,..:.... G~ 1 ~ 7 r ALi F'~ f9 ~y oil p f, LV p~ --w rt d w rt N :3 0 W. rt h ~b 3~g ,r NO. AN ORDINANCE AMENDING CHAPTER I OF THE CODF OF ORDINANCES OF ' THE CITY OF DENTON, T_.XAS, BY AL-~DTNG A NEW SECTIO14 1-5.1 PROVIDING FOR THE ENFORCEMENT OF THE 1:ENTON CITY CODE BY THE ISSUANCE OF CITATIONS INTO MUNICIPAL COURT AND DECLARING AN EFFECTIVE DATE. f THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: 1 SECTION I._ That Chapter 1 of the Code of Ordinances c--f the City of Ya Denton, Texas, is hereby amended by adding a new Section 1-5.1, t `i which said section shall hereafter read as follows: "Section 1-5.1. PROCEDURE FOR ENFORCEMENT OF CODE The City Manager, or his desigiree, is hereby authorized to issue citations into Municipal Court for any violation of this Code of Ordinances. Such authority is in addition to and cumulative of other enforcement remedies provided for in this Code or by law. It shall be unlawful for a person or corpo- ration to intentionally and knowingly fail to appear in accordance with the terms of a citation issued hereunder.,, SEC".ION II. " This ordinance shall become effective from and after its ff~` date of passage and approval.? PASSED AND APPROVED this the day of 7+, rr'' 1981.P+ RAY C R 0. STM4 R , MAYO r CIT OF D , TON, TEXAS tY a ATTE ROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J, TAYLOR, JR., CITY ATTORNEY f CITY OF DENTON, TEXAS r w BY: t 5 4 \ N.- wu (1 r~_ r I ~-'a 1~ ` [ ~ f !yl~ r ~ ~ ~ ~ ~ ~ 1 ~ ~ _ v ~ ~ ~ ~ ~ ~ ~ • I ~r a,~ f,. ri . THE STATE OF TEXAS ) • KNOW ALL MEN DY THESE PRESENTS: COUNTY OF DENTON ) THAT We, George Olufsen et ux Elizabeth A. Olufsen, for and in consideration of the sum of one dollar ($1.00) cash to us in hand paid by th- 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 underground utility easements in, upon and across land described as follows: Said tract being in the B.B.B C.R.R. Survey, Abstract 196, Denton County, Texas and Recorded in Volume 974, Page 908, 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 in width, for construction, or reconstruction of utilities and appurtenances, and for perpetually maintaining an underground 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 Northwesterly line of the aforementioned tract of land, said point being the Southeasterly right-of-way line of the T. $ P. Railroad right of-way line and being South 30 degrees 18 minutes West a dista:.-e of 193.10 feet from an iron pin at the Northwest corner of said tract of land; THENCE North 40 degrees 59 minutes East a distance of 221.0 feet to a point in the North line of said tract of land, said point being North 89 degrees 59 minutes East of said iron pin at the Northwest corner of said tract of land a distance of 47.70 feet. 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 adjacent 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. The City of Denton, Texas, shall have the right and privilege 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. vLA114 fxE W q V-0114 'Au rJ As part of tAe consideration for this easement, the City sif Denton Jtilities Department agrees that at such time as' the Hickory Creek sewer line is completed and the Coed Lift Station is taken out of service, the Electric Department will abandon the electric distribution line from Highway 377 to the lift station and pull the poles and fill the holes. TO HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the 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 appurtenances 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 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 crea'.e 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 day of A. D. , 1981. Ceo ge u sen i 2 C-ty-iC. -6-Yu rs e n 1 l~ r t11'. 1 Iltl I. r' 1!11 il[';t) l~i,l' 7! f7' , 1 » Ct:.,:i George_ OI et ux Elizabeth ._4,. Olufsen_ _ ufsen kkxk the t.lr i fill, f ! t!~ . r.fi lCl ~ L•...' r i l U,l t-[i t'!"C' r. i} 17 clay _ C z/lv ! U • r 1 JE11M= 6CCR / CALL • IA60C. ~y~}TpW trV1~ [ 1,'~~1. L Li r ' Q.[1 1y ofth" E*M llc d fl, las { i -Y, THE CO-UlITY CF., countv { rx }.ilf? C.jll' ?d fl;ti)~; Cl? }L'ri;'1 My Co:n:'ti:; , -on THE '1Hln Cj'7 -I C0UEiYT'y OF BFVOi?E; ME, t° tin-I,-r:~ ic;rtc"1 lu '1'.)r i t}', i.rl ~ri(3 Eur eu; id County, Texa';, ort thi:. c7 c:; Er:rr:0TIL [ r r:' ,:11','c' ,~I..,.an(i U.L LJ. f. f_'C S9 fl C1 i't hi::,l-. J.J ' (I )..a7i ri J'•ti t:0 f'}.'.' }Cit C?tl(1 1. f:j [ii `'~t.: U~;'.?11 t', atlr} Lic4:nc-)w 1 rl ,.:J ['J n l:i!rt~ i it; I h' ;cl CUr(7C1C$ E' LOr1, i fl'rl } }7'I is Iln ( i" t tl ( i ili,_ ~ atr L such COrpUrc7t?.Un fOr Fit" IC)It),; !!!tl C'r)fr 11''i'rt['.c~Z 1C)c ,R NxpresscO7 2flC] in ti,. L%I Ur{ '.11:Y tl}:: t'r' 1R .;';:1 i n:.J GIVC7 UiIOM MY IuInl) ,vf;) Si?F,Cr 0° CJ "r'IC;[:, ['11ir I:I1:~ dc~y nE rly LOP.~r115G,ls~fr L J(CC'-• . 1 • SOLE /oo' elu 1JO / EX/5 j G l.~T 5'T,a7-10N v','Tc CUNT jQVCjl~1i C-',~15E/L9c,L'r ' _ q~~0 / ~ cY~N~ Ill~c'riv,v E:asE,a w ;r 44L AUI.')POSE / /I h9 ~ UT/L ~ j yE;a SE,ti>eNT GEORGE" 04 0,69lV elia E4/3cry /0.5/7 ,4C' pro UTILrY F45EMEIV70S CEO.OL 41ocSElV of vx CUZ,413467# COI. 974, P4 CE 906'D ED 12ECOV4)S 0ENTON COUNTY, TEXAS E/~LU/N A. ApFL ~ gyp, p, 5, Auousr /se/ C a a ~ E O p V . ~t 4 a E P ~f E 3 m ~ ~ ~ N p C.1 C a C. F n ~7 "-CO-. r. U u ;Z- t7 r~ b Co Azi z Cl) ;va X114 Y ~ V~~i ~l ~71GE THE STATE . OF TEXAS 42 ~ KNOT; ALL MEN BY THESE PASENTS: COUNTY OF DENTON 4L 1C1Q(;0 THAT WE, ASA W. YOIINT et ux CHARLENE YOUNT iur anu 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 Uenton, State of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the benefits thuc 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 ,cross land described as follows: Said Tract being in the S.A. PRITCHETT Survey, Abstract 1004 , Denton County, Texas, and Re(•)rded in Volume 929 Page 734 , in the Deed Records of Denton County, Texas. Said easement :rossing this property, comprising two parts, as herein designated and described, including (1) a permanent easement 20 fee;. in width, for construction, or reconstruction of utilities an3 appurt- enances, and for perpetually maintaining an All Purpose Utility Ease- ment, and (2) an additional area adjacent to the permanent easement -4.U-feet in width, to be used for initial construction. PART 1. PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FULLOWS: BEGINNING at a point in the West line of the aforementioned tract of land, said point being South 21 degr<,es 47 minutes 30 seconds West a distance of 416.45 feet from the Northwest corner of said tract; THENCE South j2 degrees 19 minutes 20 seconds East a distance of 378.19 feet to a point in the East line of said tract, said point being 613.7 feet South and 255.26 feet West of the Northeast corner of said tract of land. PART 2. CONSTRUCTION EASEMENT In addition to the ZQ foot permanent easement as described above, an initial construction easement _4o foot in width is to be furnished. This easement shall be adjacent and paraTlel to the permanent easement and shall be ? feet in width on each side of jaid permanent easement. The Construction Easement to be used for initial construction only. The City of Denton, Texas shall have the right and privilege 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 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 Oenton, 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 _ day of A.D., 1981. 1 J0JI14 a6z 743 THF. STATE OF ' 4 fF;XAS C 60(J WY OF ©EFORIE ME, the undersigned authority, in and for r,,, d County, Texas, on this clay personally jppeared ^zY44k, A 6.~ E0 me to be the person whose mime - (arc) Libscrbed to the foregoing instrument, and acknowledgc!J to me t'nat _Z`'he~ executed the same for the purposes and cons ideration ther'c%in expressed. GIVE Of UNDE MY HAND AND SEAL OF OFF.CCE, This the day tn A. D. 19 ~?I . -D L LC IN AN5 FOR COUNTY, TEXAS My Commission expires:. r f, IOU13L/C 1,-->OA,o SOW'" L/A/E INM. 3,IjV/S loo V ~ x,4.,14 YOU/VT -a 1 \ ALL pUPPoSE UT/L /T % ~f15EMEN; Cn \ y 20' 7' "Pol1A,2y CONSA)UCTION fASMr. EACH 51DE ~o \ O O W l ~Lij ~Z 5 71 l?'Y E',46EMEN76 14 ,4 w YoUNrv /a 3g,4c,;rAgwr VOL, 929, PAGE 734 %D6E/o 0,-Co12D6 E/J~U/N A. A/>EL,,PRS IJEI'11'4N COUNTY 7-9XA6 5'EoTEM~9E/? ise/ :voil~l~i v,,L1114 imf 746 H ~ ►j ° a 0O o En q y y ?C ` g P Z y V. os All Lb ~ Vf N ~ 1 `l rA a m +t P 'J q g 1 • ' T z STATE OF rE. 1 VQt~1 i'nGE 762 ' KNOW ALL :BEN BY THESE PRESENTS: ()UNT'f OF DENTO' THAT I Gary Wavuwn. Y~:n~ for and in consideration of the sum of one Pullar ($1.00; cash to is in hand paid by the City of Denton, Texas, a municipal corpo-ation of the County of Denton, State of Texas, the receipt of which i hereby a0 r,owlec.ed, and other good and valuable consideration including the benefits that ~oill accrue to our, property, do hereby GItiE, CRANT and EXT,N'D to the said City of Denton, texas, its successors and essigns, the ight t constr-,ct or reconstruct utilities and perpetually maintain an All-Purpose Utility Easement in, upon and across land described as follows: Said Tract being in the S.A. Pritchett Survey, Abstract 1004 , J. Edmonson Survey, AbArdct 400 and Wrn. SaJvis Survey, Abstract 1174 , Denton County, Texas, and Recorded in Volume J89 Page 404 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 in width, for construction, or reconstruction )f utilities and appurt- enances, and 'or perpetually maintaining an All Purpose Utility Ease- ment, and (2) do additional area adjacent to the permanent easement 4o feet Lo be used for initial construction. PART 1, PERM VENT EASEMENT 1,1I7H CENTERLINE DESCRIBED AS iOLLO". BEGINNING at a point in the Iorthwest line of the aforementioned tract of land, said point !leing South 26 degrees 51 minutes 20 seconds West a distance of 430.14 feet from the Northwest corner of said tract; THENCE South 52 degrees 19 winutes 20 secunds East a distance of 296.13 feet to a point in the Southeast line of said tract, said point being North 21 degrees 47 minutes 30 seconds East a distance of 1018.90 feet from the South- east corner of said tract. PART 2, CONSTRUCTION EASEMENT In addition to .he 20 _ foot permanent easement as described above, an initial construction easement 40 foot in width is to be furnished. This easement shall be adjacent and parallel to the permanent easement and shall be 20 feet to width on eac:, side of said lermanent easement. The Construction Easement to be used for initial construction only. silrtlr r , s _ r The City of Denton, Texas, shall have the right and privi'eye to remove and dispose of, off the site, trees, brush, detn-is, excess exacavater" material, etc, in the easements, that would interfere with access to the construction site and that world interfere with construct;ori of the said facilities. TO 14AVF AID TO 1101 U, •111 "woIar , the privily -il, afnrr?;a,.1 to it, the Said City of ['r oil, i-x,S, its ilCC l;=•} Or. 1 f111 1 ir, I ' (0c, l rrre VP r, together with the,: rirjht ird irivilege, at any •rrul gill tii, to enter swirl ses or any part thr-rcof, for the purl-1,e of con, trucr.ing, reconstructing .',d perpetually rnaintainit q „i id faciIit,ic; tUycther with necessary appurte- r'cnees inside said perpetual rascm,nts anal for iiwkin,h connor bons therewith: %1 upon the coin ition that the City of Unnton, Tex,i;, w111 at all times, 'Ql2r doing any work in connection with the ronstructton , reconstruction or repair of said farilitir; restore, snid lrcrii,vt as snarly as feasible to the Condition in which ;genre were fnun(i hefurc , jr h wart vtis undertryen, including repair' of all fence, r,haI rrrlrlht he oisturhed or d,)w-jgerl in 1er- forming said work, and further upon the condition that 4n th+t use of the aforesaid rights and privileges hereirr -iraritrd. the f,rI., of Denton, Texas, will not create a nuisance or, du any act that will to detrimental to said premises and Chet said trar,t will not he used by paid City of Renton, Texas, for any other lurpo3v, tmdrw thi,, r1r,int e. n1 t as herein provide(+, • WITNESS OUR HANDS this Z day of A.O, 1„•31 ►vol1~1~~ il1c~ 'lti~3 THE STATE OF TEXAS § CV- COUNTY OF §vlP/~" d~I ► BEFORE riE, the undersigned authority, in nd for said ► County, Tex~,.,, on this day personally appeared - ~c~,v~ known 66 me to b;~ the per:,on f wffosp nam"__4_ H~ (are) subscribed to the foregoing instrument, and acknowledged to me that J~_he~_ executed the same for th^ purposes and consiueration therein expressed. q/ GIVE` UNDER (DIY HAND AND SEAT, OF OHICE, This the 0-,---day of G(t__G_t_~_._, A.U. 191 T LIC Itl AND FOR I COUNTY, TEXAS My Cc,nmission expires: 1V+~ \ I J "J 5P ,tip SCA4 F. 1 200' - - Cj ,4)tiv c~ PONT d e 19E6141AI/NG S 52'/920 E \ 296./3' 9 20'PEQM-AW&V r \ AL L P411?/.~I?SE ?0' 7EitL>/0O,01412 U7-11-1ry EASMT C'ON57 E-'ASMT E.4Cf1 S//JE- `aY -P, /0011 A O ti a CJ7"/L/T'y EAS~cM~N1"5' VRY 441o4YM I Y04//Vr VOL. 989, PAGE 404• oEEo CV120S E iN A. Ap t , 2ps fIr NOV. /98/ /V COUNT 1; TEXAS cva~1~1~ n L VOL 1114 PALE •786 H z L4r Vl 1 n s r\ 1 1, 5 ; r ► t; tt r pill u C 1 iHr`~'( W a f. L~ F L 40 F. i. INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § + The City of Denton. Terns, a Mur.i.cilxal Home Rula City Pit:uateLl in Denton County, Texas, hereinafter called "City", acting herein by and thzoltgh its City Manager, and Debra Beil, hereinafter F:. called "Contractor", hereby mutually agree as follows: 1. SERVICES TO BE PERFORPTED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: A. Transcription of Oral History Tapes 7 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay t' Contractor for the services performed hereunder as follows: ) . 0 l A. Amount of Payment for Services: Three and 35/100 Dollars ($3,35) per hour, a~ B. Dates of Payments:r fa , Every two weeks, 3. SUPERVISION AND CONTROL BY CITY: It is mutually under- 1' stood and agreed by and between City aA Contractor that Contractor is an independent Contractor and shall not be deemed to be or con- ;t sidered an employee of the City of Denton, TexaR, 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 1 designee under this agreement. 40 SOURCE 0 NDSs 7,11 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 y} Denton. INDEPENDENT CONTRACTORS AGREEMENT - PAGE 1 (1'4 IAI F lllh... 1 ' ~ 1 4' 1 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or supplies: A. Paper, B. Tapes and Tape Recorder. C. Typewriter (for use in Library). 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and f all other insurance necessary to protect Contractor 4n the operation of C'ontractor's business. 7. CANCELLATION: City reserves the right to cancel this C, Agreement at any tim,a by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 4th day of December, 1981, and end on the 29th day of January, 1982. EXECUTED this the day of December, 1981. [I' CITY OF DENTON, TEXAS BY. CTTY f~ V ATTEST: 41 ' SEC ETARY APPROVED AS TO LEGAL FORM: a C. J. TAYLOR, JR. CITY ATTORNEY BY : CONTRACTOR That JoeLla Orr is hereby designated as the person to administer the provisions of this Agreement. BATEz s A- INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 w,a ~ ~r ~>Xpy},~ ~ •i,1 a ~~1 i~', ~ ~t Fd 1~;J ~F ~ Rdr r r~ l r y + f f .,4 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § i~NI The City of Denton, Texas, a Municipal Home Rule city lated 11 in Denton County, 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: ,4: 1 SERVICES TO BE PERF01tk1ED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the followincr services: f1., s Library Conversion, 2. COMPENSATION TO Br PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: ~ Forty Dollars ($40.00) per hour. B. Dates of Payments: One week after services performed. 30 SUPERVISION AND CONTROL nY CITY: It is mutually under- stood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deer^ed 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 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 ~'WF 1 ~tM}~NFa,y~n~'T~i~l')x V".;j '4 P lyre qj~ oC )n1n49} ~~.,tr i r)i': F'I . +'ot, P°f Y{" ( fi"~t~~' i ~1 % `rah' di A r 1 i l~i ~~~'•~.~Y~ ~ a3~~MJ 'Rl'I r, ytS ..Y Y f ,r a 5. SERVICES AND SUPPLIES TO BF FURNISHED BY CITY: City S y agrees to furnish to Contractor the following services and/or 7 supplies: ( a A. Computer Time. B. Terminal Use. 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability .insurance, and ti all other insurance necessary to protect Contractor in the operation of contractor's business. 7. CANCELLATION: City reserves the right to cancel this k-Y 7 Agreement at an time b Y by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. ,i 8. TERM OF CONTRACT: This Agreement shall commence on the 1st day of December, 1981, and end on the 8th day of December, 1981. r 7 EXECUTED this the _//-~'day of December, 1981. 'r CITY OF DENTO , EXAS BY C-,Z4~~ CITY r, ATTEST: 10-ielopr~ TY SE RETARY y APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY BY: CONTPACTOR r By t That Gary A. Collins is hereby designated as the person to administer the provisions of this Agreement. dc MMUNANN"AGE BAWL INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 e n kT ~ ~ ~l ~ ~ ~ ~ ~ , ~ 1. _ y.~ ter.. A ..y. . M I•' i 't 5 i i l 1 N '•4' 4~ fr~f 6i ~Ix i i~Il~,fj/r NN 'i INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS § COUNTY OF DENTOit KNOW ALL MEN BY THESE PRESENTS: Tham City ;,f Denton, Te..as, a Municipal 110-me Rule City situated r{ in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Priority Systems, Inc., here- inafter called "Contractor", hereby mutually agree as followss 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor .,z agrees to perform the following services: Library Conversion,{ 21 COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay, ea 'J Contractor for the services performed hereunder as follows: 1 A. Amount of Pa yment for Services: Forty Dollars ($40.00) per hour. ;o B. Dates of Paymes is r One week after services performed. 3, SUPERVISION ACID 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 Ciry 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 a' not have supervision and control of Contractor or any employee of Contractor., but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDSs All payments to Contractor under this agreement are to be paid by the City from funds appropriated by the City Council for such purposes in the budget of the City of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 1 "AW I~ 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City , agrees to furnish to Contractor the following services and/or supplies: t A. Ccmputer Time. B. Terminal Use. 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, lability 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 1.. Agreement at any time by giving Contractor thirty (30) days written notice of its intcn*.ion to cancel this Agreement. 8. TERM OF CONTRACT: This Agreement shall commence on the 24th day of November, 1981, and end on the 30th day of November, 1981. EXECUTED this the day of 1981. !1 CITY 0 DENTON, TEXAS Y. fi : ATTEST: I Y G d~ Y SECRETARY APPROVED AS TO LEGAL FORM: C. J, TAYLOR, JR., CITY ATTORNEY BY s CONTRA OP BYs That Gary A. Collins is hereby designated as the person to administer the provisions of this Agreement, C IG INDEPENDENT CONTR,ACTOW S AGREEMENT - PAGE 2 Tv7 r q ~ fe y(~* 1~j 5.! ¢ P~T ~.v'i" Y{ !4 1 i ~~~i,ylr97 Fyn d ~~~T ~~1~}~ fir. ~ ~ ~J ' 1 , J ~ Z ~ ~ ~ J ~ r ~ r- ~ h ~ f 1 U ~ ,CS. y n„ I < + , C'B r+<~ ydL4 ~ , 000 tit INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS § y, KNOW PLL MEN BY THESE PRESENTS; F: COUNTY OF DENTON i F The City of Denton, 'T'exas, a Manic?pal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Priority Systems, Inc., here- d ina€ter called "Contractor", hereby mutually agree as follows: hi 1. SERVICES TO BE PERFORMED; City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: 4 Library Conversion.' 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: P ' A. Amount of Payment for Services: Forty Dollars ($40.00) per hour. B. Dates of Payments: One week after services performed. 36 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 Cie City of Denton, Texas, for the purposes of income tax, withholding, asocial security taxes, vacation or sick t 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 CONTRACTOR'S AGREEMENT - PAGE 1 T ~A\ „t P' p., 5. SERVICES A14D SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or r supplies: A. Computer Time. B. Terminal Use. <`t 6. INSURANCE: Contractor shall provide at his own cost and ; expense workmen's compensation insurance, liability insurance, and C ~e 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 16th day of November, 1981, and end on the 23rd day of November, a i` 1981. EXECUTED this the //Aday of 1981. r~ CITY OF DENTON, TEXAS 'c BY - ✓ Z Y a r ATTEST: tw r C Y SECRETARY APPROVED AS TO LEGAL FORM: S• C. J. TAYLOR, JR., CITY ATTORNEY F 9s "%ta BY: rx CONTRACTOR L~ 4 L BY :k That Gary A. Collins is hereby designated as the person to administer the provisions of this Agreement. 0%~A 41C. I MA G DATE INDEPENDENT CONTRACTOR'S AGREEMENT PAGE 2 111111p!51111 tg~ ;--r I '1' j I I y a 1 z At-so ovr, 1g F 1 T 1 y ~'c:-Y r RR 4 k _ , Y . r, (1 f J ~ !2 ~ YJ {1 ~'/J4'~ its rr f ~t~t~Sh,tF INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § The City of Denton, Texas, a "funicinal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein i by and through its City Manager, and Priority Systems, Inc., here- ;A4 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 - IBM 4300 System. + 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: f A. Amount of Payment for Services: Forty 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 that Contractor is an independent Contractor and shall riot be deened 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 ot%er City employee benefit. The City shall not have supervision and control of Contractor or any employee of k~ Contractor, but it is expressly understood t1.3t Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of ttie City of Denton or his designee tinder 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 's . v 1 C ' S. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City agrees to furnish to Contractor the following services and/or k? 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 of contractor's business. 7. CANCELLATION: City reserves the right to cancel this y<'' Agreement at any tide by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. °d 8. TERM OF CONTRACT: This Agreement shall commence on the 26th day of November, 1981, and end on the 30th day of November, t 1981. 11 /2 EXECUTED this the day of 1981. CITY OF DENTON, TEXAS BY CITY YdMCrR ATTEE f ~~ur C TY SECRETARY APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY C~sVeq,4<01 - BY: G . CONTRAC OR ' BY : That Gary A. Collins is hereby designated as the person to administer the provisions of this Agreement. CITY MANAGER D T INDEPENDENT CONTRACTOR'S AGREEMK^1°.e - PAGE 2 . 1` `M ry R' ~ f, ~ ~ c~ CTT. ~ U C~ ~ ` ~J ~ 4 I 1 4 may. .,,.y ' ,-s INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: rr COUNTY OF DENT047 § l The City of Dentcn, Texas, a Municipal Home Rule City situated 'S a~q in Denton County, 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: g' 1. SERVICES TO BE PERFORMED: City hereby retains Contractor + N to perform the hereinafter designated services and Contractor` agrees to perform the following services:r a Software Services - IBM 4300 System } 2. COMPENSATION TO BE PAID CONTRACTOR: City agree; to pay Contractor for the services 4 r performed hereunder as follows: A. Anount of Payment for Services: Forty Dollars ($40.00) per hour. B. Dates of Payments : w 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 x,tisfaction 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 CONTRACTOR'S AGREEMENT - PAGE 1 i ;7 71 sx ~ 5. SERVICES i\ND SUPPLIES TO BE FURNISHED BY CITY: City i 3 agrees to furnish to Contractor the following services and/or supplies: ~J' A. Computer Time. J F B. Terminal use. ; f 6',: 6. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and x~ all other insurance necessary to protect Contractor in the operation of Contractor's business. a 7. CANCELLATION: City reserves the right to cancel this x Agreement at an time b d any 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 +,4s 12th day of November, 1981, and end on the 25th day of November, rr 1981.# EXECUTED this the / y day of t 1981. CITY OF DENTON, TEXAS By: ~ I1 G W ATTEST: XaTY SECRETARY APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY BY CONTRACTOR BY: That Gary A. Collins is hereby designated as the person to administer the provisions of this Agreement. IT)' MANAOER- INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 VF" IL milli be W`~ 14 '3 .9 fit. ! y ~~'•~4~~'r~7 ~~.4'Y. DENTON PEE WEE BASKETBALL ASSOCIATION • t ' i ' : rF THE STATE OF TEXAS § CONTRACT FOR SERVICES COUNTY OF DENTON § i This Agreement made this the 1st day of December, 1981., between the Denton Pee Wee Basketball Association, hereinafter referred to as the "Association", and the City of Denton, hereinafter referred to a;+ "City", each acting by and through its authorized officials, pursuant to the following terms and conditions: City agrees to pay to the Association the sum of Three Thousand and No/100 ($3,000.00) Dollars, and certain fees and charges hereinafter described, for the City's fiscal year 1981-1982. ~N Association shall submit an annual budget to the City for approval which shall set forth on an item by item basis the fees and charges hereinafter described, and the above Three Thousand and No/100 ($3,000.00) Dollars, the City will make one payment to the Association on the lst day of December, 1981, in the amount projected in the annual budget. City shall make such payments solely from current revenues in the budget of the Parks and Recreation Department. Expenditures shall be authorized for a period from December 1, 1981, through February 28, 1982, II. Association agrees to provide qualified Basketball officials for all Youth League Basketball games and special games that are sponsored by the Denton Pee Wee Basketball Association. III. f Association agrees to the following additional terms and conditions: 1. It will establish a separate bank account for deposit and expenditure of funds described herein to avoid any accidental commingling of funds, 2. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a review of the financial status of the program. 1 rg 1 3. It`will permit authorized officials for the City of Denton to review its books at any time. ,;i 4. It will reduce to writing all of its rules, iraulations and policies, and file a copy with the Director of Parks and Recreation >=t or his authorized representative along Hith any amendments, additions, or revisions whenever adopt?e. ; 5. It will not enter into any contracts that would encumber G;t the City funds for a period that would extend beyond the term of 4 this Agreement. 4. 6. It will prepare and submit a report of expenditures and ' revenues to the Director of Parks and Recreation or his I' representative by the 1st day of March, 1982. 7. It All refund the balance of its account to the City of Denton on or before March 1, 1982. 8. It will promptly pay all bills when submitted; unless there is a discrepancy in a bill which shoult' be promptly reported to the director of Parks and Recreation or his authorized representative for further direction. 9. It will appoint a representative who will be available to meet with the Director of Parks and Recreation and other City officials when requested. 10. It will indemnify and hold harmless the City from any and all shims and suits arising out of the activities of the Association, its employees, and/or contractors. 11. It will obtain releases from the officials which will release, indemnify and hold harmless the City and the Association from any claims, injuries, or damages of the offl.c;ials. 12. It will retain officials as independent contractors and not as employees. IV. The general terms and conditions are as fol.lo;,ls: 1. If any of the terms and conditions tire not complies? with by the Association, the Ciky is authorized to raiuie to make any further payments until the condition on whist; the complaint is based is corrected to the satisfaction of the city. PAGE 2 eV11, •sGF;.skrftt ~ #t SFr { .ro.1'DrP1. ~s3i'r 33"[ fl~N~`.4. a r i~' }?2 irdt t }~y l 4 + 2. This contract shall be subject to all valid rules, regulations, and laws applicable thereto as promulgated by the i ' United States of America, State of Texas, or any other governmental A body or agency having lawful Jurisdiction. s 3. Association is authorized and should give notices required ti herein to the Director of Parks and Recreation or that person's ,a authorized representative. I 4, Any contribution or gifts received by the Association are s not subject to the provisions o` this contract and they should be kept sepr:rate and apart from the funds; charges, and fees covered by this contract. ;a kr 5. Association shall provide its services and be paid by the Aq. ~ City in the capacity of an independent contractor and not as an I k; agent or department of the City. It shall have complete control, ;v supervision, and responsibility for its activities under this contract including the hiring, supervision, and contrcl of its ' employees. IN WITNESS WHEREOF, the parties hereto, acting under authority of their governing body and Board of Directors, have caused this contract to be executed in two counterparts, each of which will constitute an original, as of the day of aEte ,t_Q,.a.), 1481. a *TYO A , YJ EN ON , TEXAS ATTEST: i S Hr LT, CIT S CRETAR CITY OF DENTON, TEXA£ APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DONTON, TEXAS BY: j DENTON PER WEE. BASKETBALL ASSN. RYA A ~,e ,lq PAGE 3 gq77p!~~AA . + 14 I t.~.: ~t ?R'x~JN ~.iy t C!~I N1 SS'3~ Yv~Q . t' + f +~?ai, + + ~ r f. S ~ ~.L 1 r h t , 4 h r t rrv . !.ti 4f h Z:i ~L~ 1 J lt~S i1A~it3~ ~ .7. Orr R e~ rs elic'ember 9 4'. THE STATE OF TEXAS § COUNTY OF DENTON § CONTRACT This Contract is made between the City of Denton, Texas, hereinafter referred to as "the City" and the Texas Woman's Universitt y, hereinafter referred to as "the University", C1~ pursuant to the provisions of Acts 1981, 67th Legislature, I Chapter 317 amending the Texas Education Code. The City, through its City Council, hereby delegates to the University the authority to regulate the parking of vehicles on the following Denton public streets cunning through or immediately adjacent to property owned or occupied and controlled by the University, to-wit: (1) the west side of Bell Avenue from University Drive to Texas Street; r (2) the south side of College Street from Vine Street to Bell Avenue; (3) the north and east sides of Oakland Avenue from North Locust Street to Texas Streets (4) the west side of Oakland Avenue from Sawyer Street to 250 feet north of the northwest corner of Third W' Street; and (5) the north side of Texas Street from Bell Avenue to Oakland Avenue. ; On the above streets, the University is authorized (1) to assign and regulate parking spaces for its use, restricting } ' such parking to vehicles with a valid i' parking permit iGSUed by the University and visible displayed upon the rear ~ portion of the vehicle, (2) to charge and collect a fee from its Personnel and students for parking, (3) to prohibit parking, , and (4) to charge. and collect a fee for removing vehicles parked in violation of law or ordinance. All v parking violations shall be filed In the Municipal Court of the City k of Denton, Texas. The City agrees to provide the University with adequate parking tickets, at no expense to the University, for the purpose of enforcing parking regulations in the above described areas. The University agrees to paint ' F . Il ~ certain portions of the curbs on the above streets black in color and erect and maintain suitable signs in appropriate locations designating that the parking of vehicles is thereby restricted. It is further agreed that this Cont act does not (1) limit f the police power of the City or its law enforcement jurisdic- tion, (2) render a campus peace officer an employee or agent of 'i the City or entitle a campus peace officerto compensation from the City, or (3) restrict the power of the University under other law to enforce laws, ordinances, or rules regulating traffic or parking. ~tr This Contract may be terminated by either party upon written notice to the other party. This Contract shall be effective when approved by K: Resolution of the Board of Regents of the University and by Resolution of the City Council. Signed and Executed thist day of , 1981,.+ i by the appropriate representatives of the City and the ' University.' CITY OF DENTON? TEXAS TEXAS WOMAN'S UNIVERSITY BY: J# By ' I ARD 0. ST ART, MA RY EV YN HU , PRESIDENTa;. ` wt441 ATTEST: L LT, CI ! SECRETARY M, CIM TTE ALLEN, APPROVED AS TO FORM & SUBSTANCE: r;. C. J. TAYLOR, JR., CITY ATTORNEY Fw CITY OF DENTON, TEXAS. BY: ` ATTORNEY GENERAL OF TEXAS BYi k 1~ .J ~ - ~ r ~t/ryt~ ~ ~ N~ , ~ l J ~ 1 1 J ~ ~ ~ ~ ~ J ~t J ~ ~e~e~n be ~ ►,,~E 4 i8 [HE STATE OF TEXAJ Q • CUUfi„ OF UEfdTU'i KNOW AIL MEN BY THESE PRESENTS: . r THAT I DONALD W. JOHNSON% j F for and in consideration of the sum of one Dollar ($1.UO) cash to us ii; 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 hei,-fits 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 mdintain an All-Purpos_, Utility Easeiiient in, upon and across land described as follows: Said Tract being in the 11. Yoach,,m Survey, Abstract 1442, Denton County, Texas, and Recorded in Volume 528, Page 374, and Volume 648, Page 164, 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 in viidth, 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 40 feet in width, to be used fur 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 recorded in Vol. 648, Page 164, Deed Records, Denton County, Texas, said point being South 8; degrees 24 minutes East a distance of 125.7 feet from the Northwest corner of said tract, said point being in the South line of Hummingbird Land and being South 88 degrees 24 minutes East a distance of 10.0 feet from tha Northwest turner of a powerline easement as recorded in Vol. 1042, Page 564, Deed Records, Denton County, Texas; 1!iENCE South Ol degrees 35 minutes 20 seconds West, 10.0 feet East of and parallel to said powerline easement, a distance of 862,8E feet to a point in the South line of the tract of land recorded in Vol. 528, Page 3749 Deed records, Denton County, Texas, said point being in the North line of McKinney Street and being South 83 degrees 21 inutes 10 seconds East a distance of 10.03 feet from the Southwest corner of said powerline easement. PART 2. CCNSTRUCTICth EASEME,~I* 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 adjacent and pars?l el 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 erly. i► &K ' lrie City • of 14?0ton, Texas, shall have the ri,liit and privilege to remove and disport of, of` the site, trees, brush, debris, excess exacavated material, etc, in die easements, that would interfere with access tc the construction site and that would interfere with construction of the said facilities. TO HAVE A'l' TO EIOtD, all singular, the privilr,rles aforesaid to it, the said of encon, Texas, its successors and assigns forever, t)gether with ih,: rirlht ;.nd privilege, ..ny ;rrd all tiui s to enter said pr --rilises or my )art thereof, for- tiie purr"'se of constructirig, reconstructing ...IJ p°r•petually maintaining said facilities together with necessary appurte- r, aces inside said perpetual easements and for making connections therewith; upon the tr,r ition that the City of Ueiiton, Texas, will at all times, Meer doing any word: in connection s•rith thy! coostr'uction, reconstruction or repair of said facilities restore said prenises as nearly as feasible to the condition in which same were found hefore such work was undertaken, including repair of all fences that might be disturbed or damaged in per- forming said r;ork, 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 preurises and that said tract will not he used by .aid City of Denton, Texas, for any other purpose, under- this grant. except as herein pruvid{rd. WITNESS OUR HANDS this ~ day of - - -pej~e A.D. 19;11. v~, 1 ~ RUM C0'.' , . C1?" 13 E,0;?: Y~l~1l.J r'A1~c`~.U . L'e., the lJt'Cl'C`>ictt-'t~ t , ' i l 1~'IiC1Clt ~ C!)!ttlt' ~r c }r 2 f1 and *for `i.lLd ~r "jL:.a~, I( 'L'Ili o da" p. ^on'!11'f ~l [J~)a?rCG ~ -n~QL_.~1 k nu.r~n to I)c' tsl'= pecsoa s-Aio_ ni:,m, ~-1,~T~-_ -t bc-.d to the foregoing instru:~ent any ackno ed~ ta~rr } :;t'.,ser;~ he executed the s7rme for the purposes and consideratiolz-trie n r expressed. of G Lit UNIDER tfY HAND AND Sr,r OF OFFICE, This the e ~ A.D. 19el . day MANMUM W" rrrao rrs tiC"'1~ a~~dL~- k% CWMAuM G1Mi tti(t(! IL 171! O R COUNTY, TEXAS MY Com.-aission expires: VfS STAVE OF TZXAS 5 COUINTY of § BEFORE mE, the undersigned authority, in and for sa id Coy?ntl, Texas, on this clay personally aopaared known rile to be the person whose nar.e ' known to the foregoing instru;een`E, and ackncwledg tht h ,-cd to`rm} tha t ribhe P.rc'C2t:ed the sane for the purposes and consideration there1'1 evoressed. GIVE0 UNDER MY FiA211D AND SEAL OF OFFICE, This the c? a.-, of r,. D. 19 - ' T~U1:aRY PUdLTC x~`i A?`~D F'0 COGNYY, TEXAS My Com,nission expires: THE STATc OF TEXAS COUNTY OF BEFORE ME, the undersigned aut;iorit-y, in aria for said County, Texas, on this day personally a?pearccl _ known to i'e to L. ~e person anti ofl:iccr TJhO e name 1 -sunscrib^d t0 the Eol:egoinC) ]n3 t: 11 ~n~`r F:CId ar:,ncWI"Clg ~.,J t0 me C. I1i.tt the Li?fi:° was t~flc:` act U thF.'. Saic: corporcltiOn, lnd tll1~--- }lei e:CCr'lltf!(i the ~•4 c:(C:L Ji sucr corporation Eor the purcos r Ind coll. er~.ticn th4raLn expr-!ssed, and in the capacity therein stated. GIVEiI U21ot'a P'IY HAND AND Sc'AG OF OFF.[CEr This the i of A.D. 19 c,a'l ,i.'iDVC.(Ui~ Cculli't'Y, TEXA S h:y Comm sGioll erpi_cs: /3E~/NNING . I - EX/ST/NG 60" PGUJe L11VE EASEMENT I~ 20' PC-1.lMANE1V7- ALL 10012,dOSE NSCAL E: 1 /00 ' UT/l / 7 Y EASEMENT IrI! l 1 20, 7,1W1cne14,91 } f C; V6,7; UCj/ON EASMr FACy 5'/~JE ~ J Jul 6 Go , t4li m II of I I M `1!/1h'Nr- Y STYE E T 41M ITY A9 4 5 T1wjF1vr5 OOIV44 0 W o ✓014A(60M VOL. 528, RAGE 374- voz. 649, A<E 16'4 E,01 AV4.40EC0 47,05. /JEE.~J /1ECUQ/JS -/~fNTGIN C~uvrY, rExgs MO!! /9B/ brl~i~~ j . 1 E N TT, -a f n A ti N ter,: ~ ~ oioll VJt11~1•? i't+GE 4'2 n M J,: c= i j,-1 f~ 1 \ fi }y 1..1 014. * z o 0~ ; . CJ iy CJ r~ V . THE STA'G'E OF T6XAS SANITARY SEWER EASEMENT COUNTY CIF DEN'fON ) iV.004 t 1, j;onnie M. Altemus, 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, bargain, sell, and convey to the said City of Denton, Texas, it successors and assigns, the right to install, maintain, and replace a sanitary sewer pipeline across and under the following described tract: Said Tract being in the B.B.B. and C.R.R. Survey, Abstract 196, Denton County, Texas and Recorded in Volume 901, Page 777 in the Deed Records of Denton County, Texas. ' BEGINNING at a point in the South line of the aforementioned tract, said point being located South 88 degrees 28 minutes SO seconds Fast a distance of 10 feet from an iron rod in the Southwest corner of said tract; THENCE North 00 degrees 34 minutes 30 seconds East parallel to the West line of said tract a distance of 893.8 feet to the North line of said tract, said course and distance being the center line of said easement. Such easement Using in two parts; First, a temporary easement 40 feet in width oil the east side of the permanent easement (a toti;l 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, instal: the pipe, aTLd 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 the sanitary pipeline is used. If the use of the sanitary pipeline shall cease for any continuous 6-manth period, this easement shall terminate without any further action of Grantors, and the title to such easement shall revert to Grantors, their heirs or assigns. 1 'd J r'AGE 4 The top of the pipe shall be buried below ordinary plow depth. Grantee shall clean tip the jolo site by i.~)movin,g all !rash, brush, debris, excess excavated material, and similar items, shall back fill the ditch and restore the top soil, and take such other actions as may be 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 crc.ting a ditch. Grantee. shall repair all fences that might he disturbed or damaged. Grantors reserve the right to use the surface of the land included in the casement for ordinary purposes of ingress and egress. Should Grantors desire to place permanent improvements such as roads or utility lines over and across the casement, Grantee shall not unreasrnably withhold consent to such improvement Granter,, their heirs and assigns shall not place any permanent improvements over or across such casement 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 aed all times to enter upon the permanent casement, or any part thereof, for the purpose of repairirig, replacing, and maintaining such pipeline. SIGNED this day of ~~1981. onnie ~~temus s THE STATE OF TEXAS ) f COUNTY OF BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personaly appreared Connie M. Altemus known to me to be the person whose name is subsor bed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expra-.sed. ;y 9y~EN UNDER Y HAND AND SEAL OF OFFICE, This the day of ?9x(~ , A.D. IV- 1 ~ 'py P(Je N RY I C IN AND F'JR i COUNTY, TEXAS G,yry My Commission expires: Ora 0 ' I • SCALE; 1"-400' FOBBIE M, SIM% j 27,92 ACRE MORTNWEST CORNz'R - S 20 PzPmAmxmr 1 (j ALL Pf1RPOSa , y g oM, I VTIL17'r USlr&.Vr + CONNIE M, ALTEMUS TRACT 8 ~I e0'raKPORARr ceN~STR ION LASENENT 31,87 ACRE COAMAR MINT OF BEGINNING w W V, D, BURCH ti ,155 ACRE a oa C oe ~ !A W to r4 UTILITY EASMENTS CONNIE: M, ALTEMUS 37,87 ACRE TRACT VOL. 901, PAGE 777 OECD RECORDS DENTON COUNTY, TEXAS Edwin A. Apel, R.P.S. August - 1981 • f 1 ~ 1 1 I ' ' 1 ~ J 1 1 i~ I ~S 1 .'1 11 l Co C7 f1 t o :3: • •1 y ~ ~ ~ m n c w ~ ? r7 ~i CSr~ O -a n Sr ~ ~ 4 ~ - 1-t ~•~r 417 T IIrW. 1 INDEPENDENT CONTRACTOR'S AGREEMENT THE STATE OF TEXAS § KNOTI ALL M "N BY THESE PRESENTS t COUNTY OF DENTON § ' mho: City of Denton, Texas, a Municipal Home Rule City situated i ir, Denton County, Texas, hereinafter called "City", acting hcrain F by and through i•:s City Manager, and Miltonamics, Inc., hereinafter 1 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: 4.~ A. T.ix Maintenance. no Tax and Payroll Conversion. C. Maintenance. 24 COMPENSATION TO BE PAID CONTRACTORt City agrees to pay ! Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: Thirty-five Dollars ($35.00) per hour. . B. Dates of Payments One week after services performed, 3. SUPERVISION AND CONTROL BY CITY: It is mutually under- stood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or con- sidered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDSs All payments to Contractor under this agreement are to be paid by the City from funds appropriated by INDEPFNDENT CONTRACTOR'S AGREEMENT - PAGE 1 1 . Y F . ' the City Council for such, purposes in the Budget of the City of "i Denton. i 5. SERVICES AND SUPPLIES TO BE FURNISHEn, BY CITY: City agrees to furnish to Contractor the following services and/or supplies: 1'. f, A. Computer Time. B. Terminal Use. C. Documentation. i 6. INSURANCES Contractor shall provide at his own cost and = expense workmen's compensation insurance, liability insurance, and r all other insurance necessary to protect Contractor! in the operation ' of Contractor's business. E: 70 CANCELLATION: City reserves the right to cancel this r C: Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. y; 8. TERM OF CONTRACT: This Agreement shall commence on the 28th day of November, 1981, and end after 85 hours, EXECUTED this the day of 1981. CITY OF DENTON$ TEXAS BY: xti CIT N G'R M' ATTEST% ~ I Y ~ o Y ~i APPROVED AS TO LEGAL FORM : C. J. TAYLORr JR., CITY ATTORNEY r' BY:` 4 g CONTRA ZOR " e / r BYS That Gary As Collins is hereby designated as the person to administer the provisions of this A eement. DATE s, awl a INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 2 'l ° 1aFpi~r'=~i vi,~ikq P ~ e t i. dz k rya y ^.n t +,-c,,je yar•o,,.... ~~.~,x. ~.,,,~~Y f el" I4A .il ~ R • ~ g ~ ~ ~ ~ ~ 1 ` ~ ~ ~ N ~ n ~ ~ 9-' . u 1 . ~ . INDEPENDENT CONTRACTOR'S AGREF11ENT THE STATE OF TEXAS § } KNOW ALL MEN BY THESE PRESENTS.- COUNTY OF DENTON § The City of Dentoa, Te::as. a `4un?c'_r.' Fr)rn Rule City situated i << in Denton County, Toxas, heroinafter 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 PERFORMED: City hereby retains Contractor ,Ills $ to perform the hereinafter designated services and Contractor agrees to perform the following services.- A. Tax Maintenance. lye B. Tax and Payroll Conversion. 1 i!C. Maintenance. 2. COMPENSATInN TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: ,t A. Amount of Payment for Services: Thirty-five Dollars ($35.00) per hour. l B. Dates of Payments: r One week after services performed. 3. SUPERVISION A14D CONTRnL BY CITYs 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 PIanager of the City of Denton or his designee undlar this agreement. 4, SOURCE OF FUNDSs All payments to Contractor under this agreement are to be paid by the City from funds appropriated by INDEPENDENT CONTRACTOR'S AGR1':EKENT - PAGE 1 rh.,.n If'~' { Sf ~C•r4t ri' f4. Tl fi,. i r i7 ...,.~~Tj ~t+,'~r .fi' 14 t4L~ y+}ur, r;~+mn - ry a •c q A ,i j~1Y ..,1~~~4 d T ~I -r1 e ~f;4 s t 'yr 1~ Ifj AN Fi4R.+ X 'r !!V bad= ,s 4 ,wig.rewa.ws.....n.~.w+~+.w.v..rrw.wwo.r...r.~..~rw. mewwwr.+ww r.wWr uwr waw~w<.rww the City Council for such purposes in the Budget of the City of t' Denton., r' 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. f B. Terminal Use. 'A C. Documentation. "t 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~;x 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. ;l 80 TERM OF CONTRACTS This Agreement shall commence on the GSL~, 14th day of December, 1981, and end after 85 hours. 4~tiy EXECUTED this the /011-ay of December, 1981. 'e, CITY OF DENTON, TEXAS BYs Kll ITY GER ; ATTEST: E TARY APPROVED AS TO LEGAL FORM; C. J. TAYLOR, JR., CITY ATTORNEY BY s C-6 I 7 CONTRACTOR l BY s That Gary A. Collins is hereby designated as the person to administer the provisions of this Agreement. eQ- ZI/(W X III I F DATE s INDEPENDENT CONTRACTOR'S AGREEMENT PAGE 2 n1:"T'i'. Jar 'Ya"Tl.. Y~-~,''t F,-{-,~- r :'a' ` -y'r,-..,~ ~-a. ~-•~,.s..r:p PMA U A, . r i u i Y. , 40 f R E S O L U T I O N_ ' WHERE::', it is necessary for the City of Denton to authorize submission of an application to the Texas Criminal Justice Division requesti,zg a Crime Prevention Program; and J WHEREAS, Senate Bill 127 was passed to enable the ' Criminal Justice Division to administer on a statewide level criminal justice programs; and + WHEREAS, the City of Denton is eligible to receive such funds and is desirous to promote the public safety and well-being of its City through the reduction of crime; and ' WHEREAS, the City of Denton desires to reduce the crime a I' rate; NOW, THEREFORE, ` BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: r R4' SECTION I. 61 ti~ That the City Council of the City of Denton, Texas, certifies that the City is eligible to receive these funds and ,}nr' has authorized the staff to submit such application to the Texas Criminal Justice Division. SECTION II J '"4 f The City Council authorizes and directs the City Manager to represent and act for the City of Denton in dealing with the Criminal Justice Division for the purpose of this program, SECTION III. To indicate the City's desire to " participate in this program, a copy of this Resolution will be forwarded to the x. Texas Criminal Justice Division and the North Cent-al Texas Council of Governments. PASSED and APPROVED this the day of December, 1981. r 1 HARD 0. STEWA , AYO CI Y OF DE TON, TEXAS ATTES i ARMS H T, CITY SE RETAR OTTY OF DENTON, TEXAS ; APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JR,, CITY ATTORNEY CITY OF DENTON, TEXAS BYa , W" W, NW'g4 ' +'.`.~t T9 tt.:1a'~ r t1F,,. ?Gr Its . F~ ~i r, '7'" , V 111 r '4, 1 1 , ?2t 1 1 1 ♦ 1 1 1/ R E S 0 L U T I O N WHEREAS, it is necessary for the City of Denton to authorize submission of an application to the Texas Criminal Justice Division requesting a Narcotic Enforcement Unit; and J~ WHEREAS, Senate Bill 127 was ' passed to enable the Criminal Justice Division to administer on a statewide level criminal justice programs; and WHEREAS, the City of Denton is eligible to receive such funds and is desirous to promote the public safety and T well-being of its city through the reduction of crime; and WHEREAS, the City of Denton has a need to reduce the use of narcotics and narcotic trafficking; NOW, THEREFORE,: tia BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:` SECTION I, { That the City Council of the City of Denton, Texas, certifies that the City is eligible to receive these funds and ' has authorized the staff to submit such application to the Texas Criminal Justice Division, SECTION II, The City Council authorizes and directs the City Manager to represent and act for the City of Denton in dealing with the Criminal Justice Division for the purpose of this program, SECTION III. To indicate the City's desire to participate in this program, a copy of this Resolution will be forwarded to the Texas Criminal Justice Division and the North Central Texas Council of Governments. PASSED and APPROVED this the day of December, 1481, t _ eIrIARD 0 STE R , MA 0 CIOF D'NTON, TEXAS ATTEST R KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY:, L too • 1 ~l I 1 G v .111 Y r r H }i i . i r I it ( ~N•!i .ik ! r~ ! 1 i , rff~1 S. K•~j. i.. L.'. eir _ 1 ((M k f e??a nR 1 : Ali y ~~~r71~ t l 'l f 'if y. ~w P i \•~1'i n r• i e5pqqp• 'L ~i. l \\f~ ~ !~ti~" ~d~~ ~~r 1 ,.lD . ~ -''.i •••i~1, q~ dlt•~y ~y LS, ~1~'11'Cth~•! 0/~i~i~ i'S.y;a tl~fa•4r~ r., • w a 1 i~f 11 y"i i ~y s J , • ~h \"i a. c-y~yi5p~'~ Af yl •l~ MF,..~ f + 1/ti~:h '`s.: a ''f~~f``~~1,a fir. l r ~ l t~J' i f 4 $ N ~~r 4 ~ v~t~~^yi }4A~v ~r? I r y~ ~~F~q ~~~••",'yS'°v~ ~\J ~ rn ~•,ri'•1}v 73q~ e✓.h M~w`1~ ~ ~ ff 5 e~'h"' .+-y, ~1f,~~Jµ~4F~:i k~%~TFa ,S C~r ~ ~S".x' ~Yy rlree` y R E S O L U T I O N WHEREAS, Lone Star Gas Company filed a Statement of Intent to Change Residential and Commecial Rates in the City of Denton effective September 14, 1981; and WHEREAS, pursuant to Section 43(d) of Article 1446c, Revised Civil Statutes of Texas, the City Council of the City of Denton, Texas, suspended the rates for a period of 320 days beyond the date on which the schedule of rates would otherwise go into effect; and WHEREAS, pursuant to the provisions of Section 43(e) of Article 1446c, Lone Star Gas Company has posted a bond in the sum of $152,000.00 so that they may impose their proposed rates pending disposition of their request; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: That the City Council of the City of Denton, Texas, hereby approves the bond and surety furnished by Lone Star Gas Company, arDivision of Enserch Corporation so that they may impose the rates requested in their Statement of Intent to Change Residential and Commercial Rates effective as of December 14, 1981. PASSED AND APPROVED this the 15th day of December, 1981. I ARD 0 ST A T, MAYO CI OF D NTON, TEXAS ATTE Tt HROO -S HOLT, CITY SF.CRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY HYt 1. . BOND E'OR INCREASED RATES DURING SUFQENSION STATE: OF TEXAS § § KNOW ALL t1EP7 BY THESE PRESENTS COUNTY OF DALLAS § T11AT WE, Lone Star Gas Company, a Division of ENSERCH CORPORATION, of Dallas, County of Dallas, in the State of as Principal, and THE_INSURANCE COMPANY OF THE STATE OF PENNSIYLVANIA as :;urcty, are each held and f. it:niy bound joist l.y and s4verally unto the City of Denton, Texas, in the sum of $152,000.00 for the use and benefit of any party who does not receive a credit against his future gas bill as provided by Section 43(e) of Article 1446c, Revised Civil Statutes of Texas, for which pay- ment we bind ourselves our successors and assigns. The Principal proposes to put into effect a change of rates and is required by the provisions of Section 43(e) of Article 1446c, Revised Civil Statutes of Texas to furnish a bond on the terms and conditions set forth in such statute. The condition of this obligation is such that if the Principal faithfully conforms to and abides by the provisions of Section 43(e) of Article 1446c, Revised Civil Statutes of Texas, and if the Principal faithfully credits the amounts collected by Prin- cipal from residential and commercial customers during the suspension period in excess of the rates finally ordered, plus interest of nine percent (9$) per annum, then this obligation shall be null and void; otherwise, it shall be in full force and effect. This bond is intended to comply with the requirements of section 43(e) of Article 1446c, Revised Civil Statutes of Texas, and in accordance with the provisions and requirements of that statute, it is expressly provided that: Credits will be applied against future billi for the amount collected during the period of suspension in excess of the rates finally ordered, plus interest, tiny right to a credit shall be limited to that period of time during which the Principal collected increased rates pursuant to Section 43(e) of Article 1446c, Revised Civil Statutes of Texas. IN WITNESS WHEREOF? we affix our signatures on this 13th day of December i 19 811 - LONE; STAR GAS C014PANYO A DIVISION OF E:NSERCH CORPORATION THE INSURANCE COMPANY Or THE STATE OF PENNSYLVANIA (Surety) A prove this day of 19 000 By _ry 41 iz .4 City OY Dorothy Val~~k, Attorney-in-Pact r. + ws , ~•.~r.~r,rMO.~ww.+Mwm~ll.aw,wN ~a.~.wwlti~'•'kP~~/P'~a~~,opens,~A'..i~lr..r,M~-.a1W11~.bM1MR~x~N~Y1Mf~VKM:V"I~~r'a - KNOW ALL MEN BY THESE PFIESEiVTS: s That The Ins.:rence Company of t+ta State of Pennsylvania, a Pennsylvania corporation, does hdr"by appoint i --H. A. Gibson; Joe Bruce; Janice G. Correy; Rolv:Ct D. White; W. 1,awrence Brown; ' Dorothy Valek; Willian, D. Baldwin; of Dallas, Texas-- " thexecute on ereof, Issued its In the courrse of its business, and o bind the company nature to 6 contracts of indemnity andywsrit writings obligatory t In authority thereby. IN WITNESS WHEREOF, The Insurance Companys of the State of Pe Ivania has executed these presents a , l 4 ay (September Igo 0 J. W Zs erm n, Vice President STATE OF NEW YORK ( at: O e c COUNTY OF NEW YORK ( r On this t day nI Se tte~bpr " before me name the above named of icar .It InsurenceCompany Y JU N G. SOIAAZ of The State of Pennsylvania, to me personally known to tv the oz Notary Public. State of New York Individual and officer described herein, end xknowtedged that he 011 A `O A No. 3"IS04628239 executed the foregoing instrument and affixed the sval of said ♦e'bB4 ~s QuaNfierl in Nassau County corporation theretobyauthofiry of htsoffics. o. s+• Cerlificato fled In New York rounty Commisslon Eapires March 30, 1982 CERTIFICATE Excerpts of Resoiutlon adopted by the Board of Directors of The Insurance Company of the State of Pennsylvania, on May 18, 1976: "RESOLVEO, that the Chalrman of the Board, the Prssldent, or any Via President be, and hereby is, authorized to appoint Attornys-in•fact to ? represent and act few and on behalf of the Company to execute bonds, undertakings, rocognizances s-1 other contracts of indemnity and wrilINS obligatory In the nature thereof, and to attach therein the corporate teal of the Company, in dla trsnsr,ctlon of its surety business; 4 "R ESOLVEO, that the dpndcuras and attestations of such officers and the ►sat of the Company may be efNxaO to any such Power of Attorney or to env elftilicote relating therein by fxsimits, and :ny such Power of Attorney or certificate bearing such foci,, to signatures or facsimile sear aN be valid and binding upon the Company when so affixed with respect to any bond, undeftaking, recognizance or other contract of Indemnity or writing obligatory In the nature thereof; eerdsit t on Dthe dots the eof. said date to be not late rthen a secretarial the data of delivery thereof by such Attorrney-ie Ftoc; still be In affect may Insert In ouch I, Marion E. Fajen, Secretary of The imurance Company of the State of Pennsylvania, do hereby certify that the foregoing excerpts of a AasOution adopt-id by the Board of DircT on of this corporation, and the Pov,er of Attorrry;s%,.ed pursuant thereto, Jr9 true end corre,a, Vd that bus t` f 8-0utlun and the Pourer of Attorlvy are i-1 froll 'nrca and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seat of the corporation this 131; h day of, Decetnbitr ,1 981 d Marlon E, F.len, Secretary ot. as1U f5lnl Bt3a M qty y(~ ''^~'Y^ T^1~` l.TY1.~C~1T1 (t t~~t.11!`tg~PiMY ni,.'~1,~r Grr)f.~t aJR 4. PrT*e~15 ~4•'nte ~,Ai, .'~Fi, 1,~a y vtf , y rV Y .l ~ru ''tt♦i w a t . ~q r + P V f r fY t~ r f+ 4, .8hr rt R MI, I T Y OF DALLAS 3 RELEASE OF DOID r'. } t WHEREAS, Lone Star Gas Company, a Division of ENSERCH CORPOR- ATION, placed into effect a change of rates pursuant to Section 43(e) of Article ll4Gc, Revised Civil Statutes of Texas, uru!er bond, the terms and conditions of which were established by the City Council of the City of Denton. Texas and, WHEREAS, Lone Star Gas Company as Principal has faithfully conformed to and abided by the provisions of Section 43(e) of Article 1446c. NOW, THEREFORE, the obligation to provide a bond is hereby declared to be null and void, and bond previously executed by Lone Star Gas Company, a Division of ENSERCH Corporation, as Principal, and the Insetran P Comnasnv of the state of , as Surety, are hereby re- { leased Jointly and several y by theiCity of I T1en t nn..Znan a , of the obligation in the amount of _41_1 LDDQ payable to the City of Denton, Texas for the use and benefit of any party to receive a refund or credit against future gas bills as provided by Section 43(e) of Article 1446c, Revised Civil Statutes of Texas. IN WITNESS WHEREOF we affix our signature on this the day of , 1982. Jy~ , 04 - J r'y I'll FPO,= Mill; 5 BEA Qs MI WNW= r ..,r• r rW 06 No • AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENjON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP APPLIES TO PART 01 LOTS ay AND 15, W1IFELER ADDITION AND KNOWN AR 1835 NORTH LOCUST; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. The Zoning Classification and Use designation of the following described property, to-wit: Part of Lots 14 and 15, Wheeler Addition, and is located along the west side of North Locust Street beginning approximately 100 feet south of the f intersection of North Locust Street and University Drive, also known as 1835 North Locust Street as shown on the Tax Records of the City cf Denton, Texas situated in the City of Denton, Denton County, Teas; which is classified as Neighborhood Service "NS" District Classification Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas is hereby changed and a Sepcific Use ; Permit is hereby granted for the use of said property for a Seafood Market and Restaurant without drive-in service, subject to the following conditions and restrictions to-wit: 1. ThP restaurant use shall he limited to the existing 21' X 37' building;' 2. The maximum number of seats shall be limited to eighteen (18); f~f 3. No permits shall be issued for portable advertising signs at 1835 North Locust, the permanent sign size shall Le limited to 3' X 31; 4. Formal agreement shall be produced authorizing the use parking on the abutting lots to the north. in addition to all uses authorized in a Neighborhood Service "NS" District. The development of the property shall be in substantial compliance with the site plan attached hereto and made a part hereof for all purposes. 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 emended to show such change in District Classification and Use. SECTION II. p.' That the City Council of the City of Denton, Texas hereby r,ra finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the R S-159-LEWIS C. TUCKER-PAGE ONE f i r ~1{i ti rr 5 1 ' I City of Denton, Texas, and with reasonable consideration, amonq other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protectinq human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SEM ON fil. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public 1 hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the 15th day of December, 1981. i /TO , A CIT OF DE , TEXAS J ATTEST• . OOKS HOLT, CITY SECRETARY I CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FC)C.A: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS i BY: C. t I' 6 .r, `0 S-159-LEWIS C. TUCKER-PAGE TWO ~~1 h Ys~o ~ T ~ a7 i 64r~ ~ ~ P G ~ ~RR KI NG ~ J, ~ ~ ~ , PARK%Nb ~`cc S M A to PRK/N6; tom. 50 %IJRKi,V6 k A . j q Ale \YY~ r Eno I US Owl 4 ~'~~1 R? y~ ri.r>r +i a y t r 1 1 5 N 7 Ir ^ `t I \ `%x. r ~A ~/[RryQ'h Jl \ r 1 NO. AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE j TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF DFNrAON; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RF.TIRF.ES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS, THE CITY COUNCIL OF THE CITY OF DENTON, TF,XAS HEP,FPY OPDAIN'S: SECTION I. AUTHORIZATION OF UPDATED SERVICE CREDITS. (a) On the terms and conditions set out in Sections 53.401 r through 63.403 of Title 110P. Revised Civil Statutes of Texas, as l amended, each member of the Texas Municipal Retirement System who hds current service credit or prior service credit in said system Cr t;, in force and effect on the lst day of January, 1981, by reason of service in the employment of the City of Denton, and on such date had at least 36 months of credited service with said system, shall be and is hereby allowed "Updated Service Credit" as that term is Idefined in subsection d of Section 63.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection c of Section 53.402 of said title.) The Updated Service Credit hereby allowed shall t replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service, a (b) In accordance with the provisions of subsection d of Section 63.401 of said Title 1108, the deposits required to be 114. Jmade to the Texas Municipal Retirement System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's monthly earnings as an employee of the ' City. SECTION II. INCREASE IN RETIREMENT ANNUITIES. V (a) On the terms and conditions set out in Section 64.203 of Title 1105, Revised Civil Statutes of Texas, as amended, the City of Denton hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the Texas Municipal Retirement System to retired employees and to beneficiaries of deceased employees of this City under current .r tib' ti _ 4 1 service annuities ar.d prior service annuities arisinq from service bl such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person, (b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service 1 the annuities are based, multiplied by 708 of the percentage T: change in Consumer Price Inc:ex for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this ordinance, r' (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby, (e) The amount by which an increase under this Section.' exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund or the Texas Municipal Retirement System. SECTION _ EFFECTIVE DATE, ' f Subject to approval by the Board of Trustees of Texas 4 Municipal Retirement System, the updated service credits and Increases in retirement annuities ' granted hereby shall be and become effective on the lot day of January, 1982. PASSED AND APPROVED thia the Z.~'0'aday of December, 1981. I ARD O SEW O CIT OF D NTONO TEXAS ATTEST k.. a LT, CITY SECRETA, CITY OF DENTON, TEXAS , APPROVED AS TO LEGAL FORM i xj`7 C. J. TAYLOR, JR., CITY ATTORNEY +:i1d ,a. n $ Y I 4E: t ~ ~ ~ y U ~ ~ ~ ~r ~ r~, _ fi~ ~ ri l NO. 81-110 i. AN ORDINANCE AAIF,NDING SECTION 25-6 OF CHAPTER 25 OF THE CODE. OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ADDING PARAGRAPH (h) RELATING TO PRO RATA BILLINGS FOR UTILITY CONSUMPTION AND BY ADDING PARAGRAPH (i) RELATING 'TO PRORATION OF MONTHLY CUSTONIER F FACILITY CHARGES AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DEN'rON, 'TEXAS, IIEREIiY ORDAINS: SECTION I r Section 2S-6 of Chapter 25 of the Code of Ordinances of the City of Denton, Texas, is hereby amended by adding paragraphs (h) and (i) which shall hereafter read as follows: ' "(h) Proration of utility hills. The hillinas for `PA u ?tom s consumption sT511-he calculated on a thirty (30) day basis and prorated higher or lower for longer or shorter billing periods respectively. (i) Proration of customer facility charge. All r mont'hly customer Facility charges contained in this Chapter shall he prorated higher or lower " for billing periods longer or shorter than thirty i ' (30) days, repspectively, In such cases, the flat monthly charge shall he multi lied by twelve pr;~ (12) then divided by three hundpred sixty-five (36S) to arrive at a daily customer facility charge. The daily charge shall then he ,Kf{ multiplied by the actual number of days In the billing eriodr SECTION II. ` This ordinance shall become effective from and after its i `t?°p date of passage and approval PASSED AND APPROVED this the 15th dny of December, 1481. jKIC1 R CIT OF DF TON, TRAS ATTEST: &ROOKS PTO LT p CITY S WffM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. Jr TAYLORO JR., CITY ATTORNEY CITY OF DENTON$ TEXAS DY: l.- c► r . G ".Q';~'T '~~Sei Vy° ~r-'ri A 0' lu M1 4,. J { r ~ 1' ~ ~ ~ ~ ~ . i 1- ~ ~ . ~ ~ , '~J r' , 1 , ~ ~ ~ ~ ~ - , . ~ , ~ ?f . sl ~ i~ !!yt 5 z ~ ir; ~ ~~ti • rl F Ali `r i~~~` ~r1 ~~i ~1 r r ~~t T u ti L~ v ~l + r . a 4~ l '~jk-yh• } M~t~ ~I ~ZI~ t !r ~ r ~ .a ~ i ti r t ~ ~ Y r ,L~ i i 'Y p) fY•r L IY~~ti , . i tiA l1 ~y ~I t 1v PI t i 'r Ear' W / r • ti' r.; 11~ t?~~l a~. ~~imr~• IS.• j 'i t R E S O L U T I O N WHEREAS, the City Council of the City of Denton, Texas has heretofore determined the necessity for and ordered "hi acquisition by the City of Dentor• if the hereinafter descrihed right, title and interest in the lr,nd hereinafter described= and y k; WHEREAS, the City of Denton nas been unable to agree and S. t "a cannot agree with the owner upon the value of the hereafter described right, title and interest in the hereinafter described land situated in the City of Denton, Denton County, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: gj SECTION I. The city Council hereby finds and determines that it isa necessary to acquire the hereinafter described rights, title , and interest in the hereinafter described land, and that it is necessary that it authorize proceeding in Eminent Domain to ,r acquire the rights, title, and interest in the hereinafter described property. • SECTION 11. The City Attorney of the City of Denton, Texas, is hereby y{ authorized and directed to bring condemnation proceeding to ; obtain an all purpose utility easement in, over, and under the following tract of land situated in Denton County, Texas: Being a tract of land situated in the E. Puchalski Survey, Abstract 996, Denton County, Texas and recorded in Volume 483, Page 670, 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 in width, for construction, or reconstruction of 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 10 PERMANENT EASEMENT WITH CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in southwest line of the aforementioned tract of land, said point being in the northeast line of 1-35E Service Road, said point being south 520 42' 56" east a distance of 15.93 feet from the northwest corner of said tract; R,F, MOSS & F, J, MILLER-PAGE ONE t f4 i THENCE south 89007' east a distan;e of 357.47 feet to a point in the north line of saidl tract anal in the south line of Ronnie. Brae Street, said point heinq south 01002'15" east a rlistance of 26.82 feet from the northeast corner of 911d tract:'' PART 2. CONSTRUCTION EASEMEN'T' In addition to the 20 foot permanent vascment a descrihed f, above, an initial construction omscmont 40 font in width in to ii be furnished. This easement will he adjacent and parallel to i the permanent easement and will lie on the south side of swirl permanent easement. Construction easement to he ugerl for a initial construction only. :`•fi for the purpose of constructinq, reconstructing, and t perpetually maintaining an all purpose utility easement in, on, r and under said property. SECTION III_ This Resolution shall hecome effective from anti after its b• date of passage. PASSED AND APPROVED this the 15th day of December, 1981. ,i tip[ I ARD 0. STEW T, MAYO u CI OF DENTON, TEXAS 1 ATTEST r ROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS { APPROVED AS TO LEGAL FORMt C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYI t.~d R.F. MOSS & F. J, MILLER-PAGE IWO r i^ Y i ' } ' n tY t ' ~1 ~ ~ ~ III ' 1 1 ` ' . l R ~ ~ ` ~'`J ` ~ _ I ~ ~ ~ p, w e i; t~ • r. .r 1 a1~ .rti, ,,.7 . 1 1 N - ARGYLE, TEXAS MIR;A TERRITORIAL AGREEMENT LINE 1 , Y f`. it El..~, • 1~ . I r1 f r 1 1, t c. , ~ I I r IIII / ♦ / ~l.l< I 1. A,.J l -:ter--,-- f. ~ iY, . r ' ~ 11.1. • . 1 j rS• I 'I r r .G>1 r• 1, i i~ • ' ' I , I ~1 • i ..~j f I,' 7'd 8 lo, _ r 1 1 v1v11 w.,, ~ i~ i ~ ,1 II f1• ~ f•1 ti • fl .-a♦1, US , Jr! ~ i I~,i.~ /1,111. I f r , • ~d .1 ,I ~ . A. ILIJ/ errr cr Nr't.l ~,..f.,,. •'yl it A,`+1 > 7( 1 11 r, f r>l• 1 •1 1 , 1 1 1 / r r ~ I r. 414 1 N41.f.,. L ' Ira l,: ir., A ~,.A ~ ~:r> ~.Il.r r II ril•r. 1~ Iin„r. y.lG. 1 /1 Il 111. IL. N.,., f%~~ ..1 r I _ 1 1~ IA1. ILIA. , ?1 '1 _I .I ll, .r { ~ .i • ! I I 1 1~/ ~I~.1~f -11rw1 r- t 1 all 1 f[i II,I, 1. alt 1„iJ„• .~N L -1t-~ r Nrl ~N ! S. ~ r i V u ' IN. 111, f'ae 4+~N .lil~~ A-' 11x1 ,N. Y.1 1.171 I,r f !rl'r pl. _I 1•,Ifr 51/1,.• •.y:.~,. >,a,l ! I i',,, 0 - a`, l ^ S • / 1 1 ~1 1/. 4.. I• r 1..., ~ -''L~ f/,1, l__t'•N1•_dc•J. a Ir.,.. I .e l I R. r , • ' r I , r DENTONI TEXAS - ARGYLE, TEXAS EX: . M., TERRITORIAL AGREEMENT LINE j'r,• f I ~•\L ,a ,9~ral?, r y' JV lf, r ~ •z ii, \,F l I r r A. r 11 i i I ' . Awl 1 r' oil. • .1 y • .J 1 ILI h..• • . ; • h r l If tt •1 . Ti. V* .4 . J ~ ! ~ • ` ♦ c . I / . A, :r' , l . --t1! ~ 3 ~ i or r •,L.J...A \ J~, a, ~1 Jy !C.r., _ 9 rll r.l.. I;• i` - 1r I L oil A, r _ /w A. ! % I 11., Y, [.f.i a•' ~ / 'l!'••+• 1 ♦I; ~ rc, •l~Il -4'~ .i IMM. ~{1 ~ +o• r' r A a' r• v. f, r'+r' , r . 1 r .111 A, } A, a V VI / I iJ1 \.1. h ..•1. ~.1 , a ~ 17,. Vii. C•.I /'c F:.., rN 1. (,.1•I ~ r• ~ ♦ - 1 lrol ~I Rw rr' AI'jS 1 Ir A.• 'f 1..., ~ TT_ .r y4• i 1 I, s• Ir. s 71 / I _.•l A. I ~_"1 6Y 1 \ ! / , 'i 1` J N r• _ 1. ~ ~ ~ ,+h 4A. ~ ~ l I. l...~y fi \ ! f J •1 -r~l 1 11•iJ, ri rAlr..` . i. y.• ~ • • f t 0j fA.. A14. 4 re. A. r H / f !f 1a 1.. y1 __Y;H1~ • 41~' 1 4~ I It I ~ a ...1. .I,.1.. + A7Y~.Af.l.. r ..f .~CI~1 k-.~_1 I S~I ! v _ _ Itj r•• + ~o. p~ti Ab~ +e r~ •.A a A.- 1 ,.1~,~ e,.l A,~-, M'//.'.~ rt i =•`'J!` i~~.a~l:hfL l,l. A. 4. r, It 1 IIt A. XMl1..{ Owl A. / r ! N~• / I/ • i L ...I ! y. c:r.•r~ r 1. 1. j ill. h , .j 10 r1• .N A. , r. . A{ A. • , N I ~I !l rlrr r. .+o r.t .-.fir. +r r •r .•---~__.A-. 1 No k It 'A.. , • 1 1. A, __....z• 1 ,r. _ _ A tl y +Ir r. 1I„l ~ Ai .L.. A 1 1_.._,• I r 1 - 1L rlp Jr A, o ►L '...1 G.r• r'll..f6 .r ] !YIl J II 1•A. I r V.• r1•A. icy I ~.~1 / a ~.-i .•.t 1. ! 1.. I t/,Al H: PI.. .1, off A ` 1 11 4 L All, 40 11, iff, All, I . 5 • . NH rl... • f JN I. JrdA Ire 1. fr.rA~._ nrA I:la 1. . A.~ n....11 • ; N..J. r.. • r, r. , • i N.JIf. LLA \1 1`a u.__1!}I• i~! !M f7 Jf 1,11. !-"li.r II, I~: 1, I L.r A. If 'N I t. 111 • d . •.h 4~1 4A s 1J I.r.. a .T ~ 1 ~ •,I• ~I. J I .r... cl.. ~9' r ruJ' A •/•,A rA. ,.Ilrw r 'Zrl 1la i..• [i r,tl, A. I r f,.,l~,. h + • Jff..J .r i I C 9` W l`.,.f~ nA r 11 r1, JM lr w .ij CJ ! f~r 1 /.r • yG- If{A. 4.4 • A 1 /-A A' N_f 1 II Id t . 2_1 04 orb r Iu,....'1 l • 1 - Itr 1 .-J` } ~9,• I.. r s - lp - P . R,1. ,'--I { fl Is.h J!r/'' ..a• ..L':~rl A~~..•f .-Yk~° •/A '1 •I I Ir IJ. 1^ .y ,1 1,. A A /r•. rl.r (y grbA, r•4r /,I rA, ;'A y_1 ,~.1• ,r 1 . _ ~~JJJJII ~Ar /r.1A.. I L t/.A L.. l., lln~jl. _.a.! Rti , A. ,1. Rn. A. r:1L 1.1, I. i, • tr A. •rIA. YY •-Iii - ~ l f • 1 r ' 1 1 , r a I DENTON, TEXAS - ARGYLE, TEXAS EX FA TERRITORIAL AGREEMENT Li I r l • ~ f top I ~ + r r , A ` ' L oz .c ♦ n do.' r. elf ti• I~_~' • Y s ~ + r• a rr 1 v t I "A J f ~I•. H.C 1. 1 k. Li.. 1! A uA A. a• A, Y,. t *I lilL 1g;" to c f n ~ ~ P •f,l/ f a c sa 61 yl F--- . Ion j, Ar , «.J r r. old I. sir ~„1 r♦ I; • 1 °a % e/A. a 1 1. . `v +w r~l w r a.. { oi' e~ if~' SY /L 1 ~y• . ma 11. I1 !1 , • tit 4 f •M1 f. or J4 A ° _ f 6.. //Mn' JC...rl,,, J ...f -r , 41- }f I I'., a It 1 r N / v I p / J 1• t % 09 ♦ P 'r u , N Ir1.,nY 1 / r 1 1•.1. r`,I •1`n ar 1 I Id I.r It f.I J • la 'rel.. % Y JV A. i, I re 1. ~~-!a all. + 1 1-I•I ~yI . • r 1~0! I y 04 ` i I •rtI ri. {..1. K 1 1)64.11 / J. I I,g (to A. NV H.b. +°o „ 1 r/1 A~-~d~rs1 If r A I 1 ;J.I,I a"!. r. _ • 1.1 04 IY. , Ito 1 A. r1/ " •v •TJ.. " a1 A. le , r. got, 01 Pe 6 InA (M or,,. 64 -r- 1'r~,r u. _ _I Atyl fall.; i~ r`a 1. +rr~ 1 ! J' ..r• I vt1.Jl. I . L,..I} 1. r 1 6 la. r A. I' 1! a A. ~ 1~ . 1. 1 f - i ~ „ ~ ' "Ilr 1 f I r J.1}A• ~ RJI A. ~ atl~• ~1 J.e A. !'J A, i Ira 1. Ir•. A. r•,.A n. 7 o bl II Al• •}..,L. L ff. ..I Ilf 1.H. Nd'I,16. 'i Nrll•• ,I,.1 l..I 140, :M1 A. .af A. .•T. :a 1. /)A 1. 40 ".4 •'~f=I 3 /A!!1~ I 1 t11c A .~•'.N ;JbI. •_/A.J"~S~ ♦~i ~.~5.~ '.ll (ij 1; `tea^f (t•~ ~j loo AJlr ~ r.al +C~t NIA. rl W. t•..~L'%~ ..1/1.{{•:3.e1 1 1•~"I"-' 0..fU 1~A~If •f+ f! i.111. + a•°•~~ 1. J:A i•.1. 0 .•~1A..,.N,1...1Lo Jµ l' 0, A. !11 1 2,1' L~•_~-~~ I•al r..~r.~..7..y _j. /..e'• p. 1, ►r•A ,lifl 1('_' G'.J. 1_._ 1r11'i!• An or 1. to. Saean.•vf3:.ah+4*ahCrt • / '1 Ir A. r r` r 1'- 60 or... 1 a1; L I 04 J f,h o>1 a 17 Atz 41 % 1.. I. I A~,.l ' r' +~a 5~ - . -~Ir J /J-(i\ i 1. f .ra- I' .1 : ° / r/K_.J • !._J w.L_.M Iy 19s, A. v PC' • ' ~A. ! il' • '/J , d I.r _ 1, 1 1, Mii/' 1 f 'r, 1~ It ~ • + - ~ ,c l,a - .it, r: rA.~g ;i tea A. I /Of h, 01, Oil L ~I S 1, P At 'I i P. C. Imo. • ti ° 1 ~ y - Il ~ ~ M. M_, 4(_~.y _~I (ra DA. 1, 4 1.1.I 71/ it \ e x - i ice. ! .r t . R!. .✓t ~V 1 ji, , p,# 1 r I Via' I A/ L. -1~-'-~i~11 . F $ ♦ 1~, y '°_(~1.~ 11 •.A Vii,.. . , ,mot ' iil e j + e:, v -Ax 10 ~.R %r L. ~ ; i_ . ! IreA. Ilrl r ~ ~.1. y, F•i t A. ILL , 5 ~ 1, , a i I a ' e'.~. I J ~ ♦ . r r'I'~ '•f ~ ~ vP 91 A I I, J i r dolt A. R 4y 1 P ♦I I,r 1 A, L +e, A 1S 1 r r-l i I V. C taco A, rte A.~ - ' ' ♦i' ,i ( / it rr; + ~ _ i .c I.__..r~ A. ♦ 4 w 16 1 , "A .,a cu `;~~ti svlr sL ~1 cl. I I A 1. r. i ~ ' I I A T l D( l ° N•I(r.~l! A, ,I rv 4-I' Nrrl uvl. ;`,.I, < I ~,rA r t J < c~i, Ja- Y'c L.. ,.r .~r.<•1,• I.. A, ` . a 11,! P Ll N( M JJ 11 199r. A P' _W., I r ~ I , I I o T . X r rl P ~ .a F x°. to 1. ~ ~ A •I 9L~ i_1 J A N c_.r u r h x L"y .f~-1_ x I o rr. It u.. s ,a a r .~i. . 1 ' A • 'L.i' _ _ y~~ _ c ♦0 r ~_I_ . Frt,_ 1 < ~0 1 1. 11 .I• ,11 l1 l...1.. i. r.rA Y_. 1_ fl rr,l a 2° .y' .t r A j rl „ _ J 1 r.. i V rte, 7 U A- Ir L, i ~ ~ - f: e- rM f..6_. i ~t,A~_ s.ll.. !r, _ -_.:.L.• u.,._ ♦e' A. 1... I 4 r. A, %pie I{ 90,L ~ ~ r', ...L I .1.it r I _•t r ~1 t ! r n,tA 1 i•Aa ~ 9< 1 P A ~ r. I ~ I,.SrI _1V~~~~DiLY~I t ~ - w , - _ l.. _ - a A. ' A j 50 A. rj J',♦' ,:rl~y II„ a.. 11 A. ee •r 141 1 !<'A r I I rr r ~ J_.__ I 11 rIr A. I, y. •'i, J Lr.l._h. r L1- t M.I( I~I~AP,+,r s1 / A. I a~~ ~ 'e~ ail. ~ ~ ~ ♦e 51..f. r i 1 =~~.1 1. rir '1 Jl'.. L. ".p-~i6_..,.. ~ I 1 r 1 Jill • P l TO N f .1D_GYLF- Of NiON COU,/rV, TEXAS I frvl%tD PO-11 6e r lase rose lace .sea Toes r ~flr • 1 1A r i e a s _ 0 -1 + of A , 'r I A. 1 y Ir ••,1:, ♦ i ♦ h~, >t P^ l1~~ i-' -4 1 ' V 1 / ♦ 7. r A• .a' .t f,l. 1: IA. ; ~ as • .r r _~T _'_L / • .~,n do 1. s .1 / = = ~I+a S i . ."(~Ar •~'7+ ~ f~f ~~..l-•• I'~ 3 / ♦r•~+ f ~I j/_ ;%Rh'M.... •J,. NQ ~ b. I l' 7~/ice r~ 1 I ~--4t-~•- ) I A A. 1 r/, I , 11 / ! 1'.. I< ` ~ .al c M tr </'y: L-__• j/'_-1 J'• 5•~r >G 1, i~IeA r`~ [IRi~A. f 4. 000P 6~ ` r ~..A .L Yrr. F ^ s VIP 0 1% / l A II _ ~ w J4.. „ I(.' 17.i.• r Ic, A. 151! 19, A, T t r ,.r• !_•I•- ` r' I: aL+1:> r,A 'wc.irJ. + ~e , a AL A. J,V j: C, ~ ~ • + y I > 1 1. ~ ~ Y.r P i' TP ,~0 t A. A it r` R V 41 A n A / ' A .Lr,' .,r, r,t ~'.l, a bS A. It 14 a. I 1 . A r 1 r~ » ~I; 1~t • r~~.l~ I t v ~v. M F..flJot r A, 11 41, bt, Jr. r~-r r• . . - O 31 1 • ~ 1 :I i TJl, At w. I L • 11..1 u ~NI l(J!'l 1, - •-F,_ " [ . ` j,- - • . KP, II.. /h. L\ ,I 1. 'IA, A P Vd r A vA, fl, JA ! H r 1• 1 !J,I/A, / L - 2 r - 41 A 44 A r-~ I Y 1 a. A y 1 Ji L _ J •o, VNE - /It's. 16 - ilrr r1. I L TOWN e/ ARGYLE D&Nr04 COII•Jrv, TVAA5 ecYnlo_.__-- ' . roll •1 IVM. • lease leae lel• asee •00I jet, ,P ' + 1 JIB 11 ( /J/J i. 1 n y 1 e r.,/~~'ct s♦5A v~.a - _._~i e' - .,M 4~' I Ilk r. . rj:= 1. ~ • • .r;-' ~ Ct' , > •ii Jr. 11 e^ I • - .,1 0 • a 14 000, J a. . A. A. t 1 c a• 1 ' h-+ r~ of ,l•' , A4 - sis 41 1. + r/I r • ; r r `~•R r 'f J• '---r- _ ~ `,t1~ j / tep~ : M1 le 1. J s• ~ , s s r A. ~ 1 J' a i. ' i -a x ~ i P ar 1• • II r , I .l . J. 1 i ♦ ` ~ N. 1, I r' 3 SNe.. I I 1{I I r' it •~'i • JA i '.7 N+1. J * 1 _ ~ A. 1 s/A 1'A 1 .e.. < ;r QI r otJ'.i r A. _1 P. A. +1 1V _II,Ja LLr' _Ir rlll Y.. al a c : f" I 7 • ;,i f - + ` ♦ v ) _ __`r- = T-_.i=L_._~_.L_ •c..e 11n dY Lt.L. i I , J r /I r A. -•I n I y r I •i. -r 1. is , l r !i ~ i r ',(..1 I • P "'I J SI --i-~°_.._ .'e •1. .sFJ _ h. lryl ' P i~~ `iI j a 'P ~ a Sb S A. !Pf i d. I 3.. ar-r c. '•e r♦f • 1 F M F•„Sll _ f'I 1, 1 I L n►s A , 1 V.q _ _III ~•rt~-F'. +a1~t41oP J r. 41 44 _ 1 ;acrA. AtPA. 15r1. x, fv A. R +F P ~ L - f,.1... x..l,.. ' x•r r ; tatA. i I I `I~-- ! ••+A. ~sttA, yJ 'I ~seL wLl rro A, ! rr., A. JA r:r•/ ' J•.1 rl...l. ~ I ~ - •i..J. K.I1. 4 ~ t , r w ..l N rr r. u• nr.+_ . n.. rs-i A.. Jon r.~. I! /19J, A L NI NJJbI tl/' cA l~ .ef Ir a!/A. , I~i~ . t r,« `°,e i:v: 1. .1, //rL'•!~~i. :x'.' A dr.,~ 'r' i,",= .ice Cj ra.l . A. N!4 ~rl Ll.u.. ♦ I I + S r` Pr A. It L "I r r. 11„ rr 0114 10 V l l.. IAr 1. r • I A. ~ 1. { tN F,• 1r, y. ,AL- n.!Ir. w:+. a 4«..r ,f' 11 ~r , A. A •l; A. Ir ~ v I l., It ';:IaA ' rl I < r I r x J' r - - r'rl ,Ar ,1 A,., r. Fj l i.I i rue A I 11 +u 4 4 r f°f aP _ _ t. 1 r 46 ♦ I I to, r 1. ,e•r.. ~Ir +l eP/A A•1 rr•A. ~ i Ef la A. j e~f 1.,.3 r KP r..l L.111 ,e Il..l,. ~.p.'N. to f + TOWN of .1R4YLF- OE rr rov cou'J r`%, T4x.ry I t 4 n. 1 ~ I'^ Pa y 77 O 3..v I I_ r ` Ck: kkk a.1.._.5:. • . ~r_ v q ~ a."Il~'I .~A2 h, l i i A. Y 5 j., S THE STATE OF TEXAS § r APPORTIONMENT AGREEMENT COUNTY OF DENTON § This Agreement, made and entered into this 15th day of December, 1981, by and bet•r.ean the Ci:;1 cf Denton, a Municipal Corporation, and the City of Argyle, a Municipal Corporation, of Denton County, Texas, both parties being political subdivisions organized and existirg under and by virtue of the laws of the State of Texas: WITNESSETH:5 t WHEREAS, the parties hereto are geographically located in proximity to each other in the County of Denton, State of Texas; tis and 'F WHEREAS, the extraterritorial jurisdiction of the City of Denton (hereafter referred to as Denton) , as established by Article S70a of Vernons Annotated Civil Statutes, as amended, entitled the Municipal Annexation Act overlaps an area within L' the extraterritorial jurisdiction of the City of Argyle Ike (hereafter referred to as Argyle), as established and designated ti by said Municipal Annexation Act (hereinafter referred to as "Act"); and tf WHEREAS, it is to the mutual advantage and benefit of the parties hereto that Denton and Argyle mutually agree to designate and apportion ~ a certain boundary line or line of 'r extraterritorial jursidiction which line would be mutually ' contiguous to the corporate limits of both parties and adjacent i thereto; and e.. WHEREAS, in effecting such apportionment there has been considered by both parties the population densities, patterns of growth, transportation, topography, land utilization and ability to provide service and facilities within the respective municipalities concerned, and within such overlapping and contiguous area; APPORTIONMENT AGREEMENT-PAGE ONE 1 MJ ~if J NOW, THFRFFORE, in consideration of their mutual covenants, 1 q benefits, and the reliance of each thereon, the parties herF;to covenant and agree as follows; t. That the line described by the field notes set o+At in "Exhibit A" attached hereto and incorporated herein and for all purposes :Wade a part hereof, shall become the line of apportionment and the extraterritorial jurisdiction limit between said parties affecting all overlapping and contiguous extraterritorial jurisdiction between said municipalities, and the extension of the corporate limits of both. 2. That any prior or previous line of extraterritorial ;i jurisdiction affecting common boundaries, overlapping areas or contiguous unincorporated areas adjacent and common to said '~sr municipalities is hereby deemed null and void, and of no effect, being hereby pre-empted by the line delineated and described in "Exhibit A" attached hereto, r. 3. Further, the plat attached hereto and designated "Exhibit B" shall henceforth be regarded as the line of extraterritorial jurisdiction between said municipalities, said line being the same as described in "Exhibit A". And, that a copy of said agreement along with "Exhibit A & B" attached shall be recorded P' in the Deed Records of Denton County, Texas, and shall be further available to the public througt, the undersigned l'4 f; municipalities. 4. Denton agrees that Argyle may annex north and east to the i described line, and to that extent relinquishes its statutory extraterritorial jurisdiction to Argyle so long as this Agreement remains in force. 5. Argyle agrees that Denton may annex south to, and east of, the described line, and Argyle relinquishes its statutory extraterritorial jurisdiction east and north of said line to Denton so long as this Agreement remains in force. APPORTIONMENT AGREEMENT-PAGE TWO 1111;1K fo f IN WITNESS WHEREOF, this Aqreement has been executed the day ,t and year first above written, by the parties hereto th--ough their respective mayors first thereunto duly authorized by proper Resolution of their respective City Councils, and such fi f execution shall be an official act of each City, and be binding upon future Councils until terminated as provided herein. C STEWA MA CIT OF D• TON, TEXAS t (9. .'S Vjrt ATTE `j % BROOKS HO Tr CITY SECRETARY "F ;y.. CITY OF DENTON, TEXAS N, APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS c BY : y M 0R C TY OF ARGYLE, TEXAS M I ATTEST: rITY CLERK CITY OF ARGYLE, TEXAS 7. w APPORTIONMENT AGREEMENT-PAGE THREE i EXHIBIT A BEGINNING at a point in the intersection of the centerline of F. M. 1830 and the centerline of State F. M. Highway 407 said point also being the southeast corner of the proposed Arqvle City Limits; THENCE north 0037' east along the centerline of said F.M. 1830 a distance of 256.8 feet to a point; { THENCE north 0025' west along the centerline of said F.M. 1830 a distance of 3177 feet to a point; THENCE north 0033' east along the centerline of F.M. 1830 a distance of 1272.3 feet to a point for a corner in the existing Denton City Limits as established by Ordinance No. 78-28 said a point lying 10 f'aet south of the intersection of the centerline of said F.M. 18;10 and the south right of way line of a public road known as Hickory Hill Road; a; THENCE north 89035' west with the existing Denton City Limits as established by Ordinance No. 78-28 10 feet south of and z` parallel with the south right of way line of said Hickory Hill Road a distance of 2500.90 feet, more or less, to a point for a corner; i THENCE north 76030' west with the existing Denton City Limits ` 16 feet south of and parallel with the south right of way line of said Hickory Hill Road crossing the common boundary line between the F. Ramsey Survey and the Texas and Pacific Railroad Company Survey, a total distance of 250 feet to a point for a corner; " THENCE north 89035' west along the existing Denton City Limits line 10 feet south of and parallel with the south right of way s line of said Hickory Hill Road crossing the common boundary line between the J. Smith Survey and the F. Ramsey Survey a total y distance of 2838.7 feet to a point; THENCE south 89020' west along the existnq Denton City Limits line a distance of 600 feet to a point said k, point being a corner ' point in the existing Denton City Limits line and lying in the S City Limits line of Argyle, Texas. P M I " ~7, >Y MM + .~~~I` A~ ,ir uhir~~k i , d A, Ai!A Iwo, L& 1i f rf 1 ' ••..••..w..-w.... .....ua.v«.v.-v v.s.w.+4R.++a Itlllrawlll•.YY..wrw..r wM~'~I~rr♦w~~,rLOifl'VA to!/ly1Q~e•.~aaalgrLrwrvlrwilwr~A • i ' 1 •*Y 'J ( y 1 1 r•Y, 1. , . ~ I I/ I { 'pryry! • r.i. ' ' r I ~ rr~ Pit /1L 11.1. N.1 i 1 11'` / t. - e el I . xx "I L tk~ g1JA/~e•f 1. I 1:•. 1. ~ 1. ~ u.' _ .1~ r_ ~r ~ /j, Ott .I N•J r ~ r4. r •.1 •1 1 VI L~ ♦ 1. 1 r~ lMw•1 L1,10 J• b 1y~~~il~ OR ry; '~"~d +~lai,'S 4R lat~ i'. ~ ~ in l~•/ C ` J _r~ ~ ,1'r r' . ~ ~ ~ 1 r - 7 Yr, \1 J \ \ 1 ~ i l~ ` i \ ` 1 Y ] `J 1 ~ ` ~ l ~ i~ Fs rt. its Ay t ~ i 1 ~ HC ~ VYy+~2 7 ` r 1 , 1 P 'Si 7 r h ff . ~k ,~1 yy.L~n,~r , X ti'. . S : ►ko,,,~..,~r h ti "tr . ~~1 P qs~;y NY' Ty'`„ w j ` lj i NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAM'; WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 59.1 ACRES OF LAND, MORE OR LESS, THE SAME BEING A PART OF THE M. AUSTIN SURVEY, ABSTRACT NO. 41 AND THE R. H. HOPKINS.SURVEY, ABSTRACT NO. 1694 SITUATED IN THE CITY OF a DENTON, DENTON COUN9TY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. a ' THE COUNCIL OF THE CITY OF DENTON, TEXAS.HEREBY ORDAINS: E ` SECTION 1. The Zoning Classification and Use Designation of the following described property, to-wit: All that certain lot, tract or parcel of land, the same being a part of the M. Austin Survey, Abstract No. 4, and the R. H. Hopkins 4 Survey, Abstract No. 1694, situated in the City of Denton, Denton County, Texas, and more particularly described as follows: A• SINGLE FAMILY SOUTH SECTION TRACT. a i BEING a tract of land situated in the City of Denton, Denton County, Texas, and being part of the M. Austin Survey, Abstract No. 4, and the R. H. Hopkins Survey, Abstract No. 1694, and being more larly described as follows: particu- r COMMENCING at the intersection of the North line of San Jacinto x c Boulevard (an 80' R.O.W.) and the East line of Colorado Boulevard (a 100' R.O.4. at this point); THENCE North 40011' West along the East line of said Colorado Boulevard a distance of 300.00 feet to a points } ' THENCE South 49149' West a distance of 35.00 feet to the centerline of said proposed Colorado Boulevard (a 70' R.O.W. at this point): THENCE along said centerline of Colorado Boulevard the following: C~ North 40°11' West a distance of 310.00 feet to a point of curvature to the left: ALONG said curve having a central angle of 15025'20", a radius of 1257.79 feet, and an arc length of 338.56 feet to the POINT OF BEGINNING; THENCE South 320 West a distance of 250.00 feet to a point; THENCE South 530 West a distance of 126.65 feet to a point; THENCE South 69010144" West a distance of 90.00 feet to a point; THENCE South 56030' West a distance of 80.00 feet to a point; THENCE South 430 00' West a distance of 150.00 feet to a point; THENCE South 250 East a distance of 115.00 feet to a point; THENCE South 040 East a distance of 55.00 feet to a point; Z-1492-DON PLUNK, DALCON, INC. 4 r s4i a r i THENCE South 500 West a distance of 200.00 feet to a point; ? THENCE South 330 East a distance of 140.00 feet to a point; THENCE South 350 East a distance of 185.00 feet to a point; THENCE South 62038' West a distance of. 254.87 feet to a point situ- ated in the centerline of Piney Creek Boulevard (to be abandoned); ~ Y 0 THENCE, North ?7°2?' We^t s distance of 160.00 feet to a point situated in the centerline of San Gabriel Drive (a 50' R.O.W. at F this point), THENCE along the centerline of said San Gabriel Drive the following: South 62°38' West a dista.ce of 50.00 feet to a point of curvature to the right; s`- ALONG said curve having a central angle of 25°48106", a radius of 826.95 feet, and an arc length of 372.40 feet to a point; North 01133125" West a distance of 30.00 feet to a point ? situated in the curving North line of said San Gabriel f Drive (a 60' R.O.W. at this point); a' >i ~S a THENCE along said curve to the left having a central angle of y 01047150", a radius of 796.95 feet, and an arc length of 25 feet, 4 said curve also having a chord bearing of North 87°32'10" East; r THENCE North 020 West departing the North line of said San Gabriel E Drive a distance of 370.00 feet to a point; THENCE North 010 East a distance of 180.00 feet to a point; of THENCE North 06030' East a distance of 240.00 feet to a point; " THENCE North 120 East a distance of 100.00 feet to a point; 3 THENCE North 250 East a distance of 145.00 feet to a point; ' THENCE North 440 East a distance of 180.00 feet to a point; THENCE North 110 East a distance of 175.00 feet to a point; THENCE North 52050104" East a distance of 205.07 feet to a point in the centerline of said Colorado Boulevard (a 70' R.O.W.) THENCE South 62040' East along said centerline a distance of 595.00 x 11 4 feet to a point of curvature to the right; THENCE along said curve having a central angle of 07003140", a radius of 1257.79 feet and an arc distance of 155.01 feet to the POINT OF BEGINNING and containing 21.5± of land. B. DUPLEX TRACT. BEING a tract of land situated in the City of Denton, Denton County, Texas, and being a part of the M. Austin Survey, Abstract 41 and the R. H. Hopkins Survey, Abstract No. 1694, and being more particu- larly described as follows% COMMENCING at a point at the intersection of the North line of San Jacinto Boulevard (an 80' R.O.W.) and the East line of Colorado Boulevard (a 100' R,O.W. at this point); Z-1492-DON PLUNK, DALCON, INC. 4 1 ,,~Ytrntw., ta..na .w., .•.n... • yr .r......-x;,+.., e'r THENCE North 40011' West along the East right-of-way of Colorado Boulevard, a distance of 300.00 feet to a point; THENCE South 49049' West a distance of 35.00 feet to a point in the centerline of said Colorado Boulevard (a 70' R.O,W.) said point being the POINT OF BEGINNING: 41 i THENCE South C9049' West- a dista;u,a of 424.92 feet to a point of 4 curvature to the right; THENCE along said curve having a central angle of 120491, a radius of 660.00 feet, and an arc distance of 147.64 feet to a point; ' THENCE South 26°38' West a distance of 460.00 feet to a point; A THENCE North 350 West a distance of 185.00 feet to a point; Iti THENCE North 330 West a distance of 140.00 feet to a point; 'i THENCE North 500 East a distance of 300.00 feet to a point; THENCE North 040 West a distance of 55.00 feet to a point; THENCE North 250 West a distance of 115.00 feet to a point= THE14CE North 430 East a distance of 150.00 feet to a point; THENCE North 56030' East a distance of 80.00 feet to a point; THENCE North 69010'44" East a distance of 90.00 feet to a point; THENCE North 530 East a distance of 126.65 feet to a k point, THENCE North 320 East a distance of 250.00 feet to a point in the curving centerline of the proposed Colorado Boulevard (a 70' R.O.W); THENCE along the centerline of said Colorado Boulevard the followings ALONG aid curve to the right, and having an angle of K 15025120", a radius of 1257.79 feet and an arc distance of 338.56 feet to a point, said curve having a chord bearing of South 47°53140" East; ;z South 40°11' East a distance of 310.00 feet to the POINT OF BEGINNING and containing 12.1± acres of land, C. APARTMENT TRACT. BEING a tract of land situated in the City of Denton, Denton County, Texas, and being a part of the M. Austin Survey, Abstract No. 4, 'Y and the R. H. Hopkins Survey, Abstract No. 1694, and being pore particularly described as follows: COMMENCING at a point at the intersection of the North line of San Jacinto Boulevard (an 80' R.O.W.) and the east line of Colorado r Boulevard (a 100' R.O.W. at this point): THENCE North 40011' West, along the East right-of-way of Colorado Boulevard, a distance of 300,00 feet to a points THENCE South 49049' West, a distance of 35.00 feet to a point in the centerline of said Colorado Boulevard (a 70' R.O.W.) said point being the POINT OF BEGINNING; 2-1492-DON PLUNK, DALCON, INC. ji~ WAWM~l `']jIG[N AG..9'el+.:~CtlIG'.ItY Y+TtabM' A:It 1M1\ `e ti Y it d,q e. r. al ''.I+y r 'ta r. e,.0 `.M. '~qr.::',Mxr:'Jt.Oe:Yr'St'AINl91LS'1+!`C'NR.1WANf1i4 :K'A194~Y1R6$EgNIA~~ , J7 ~ . 1 1 THENCE along the centerline of the proposed Colorado Boulevard the following: North 40°11' West a dzstar.ce of 310.00 feet to a point of curvature to the left; ALONG said curve having a central angle of 22°291, a radius of i' 1257.79 feet and an arc length of 493.57 feet to a point; North 62°40' West a distance of 926.38 feet to a point 3 of curvature to the right; ;d a ALONG said curve having a central angle of 65°081, a radius of 557.49 feet, and an arc distance of 633.75 feet to a point; North 02028' East a distance of 196.91 feet to a point being in the westerly line of the M.K.&T. R.R.; THENCE along the westerly line of said M.K.&T. R.R. the following: f South 60000' East a distance of 737.37 feet to a point, of curvature to the right; ALONG said curve having a central angle of 17°55', a radius of 2790.00 feet and an arc distance of 872.45 feet to a point; South 42005' East a distance of 566.41 feet to a point; y South 88148' East a distance of 34.32 feet to a point; South 42005' East a distance of 247.00 feet to a point; -?~6? THENCE det>arting the westerly line of said M.K.&T. R.R. South 49°49' West a distance of 255.00 feet to the POINT OF BEGINNING and containing 18.6± acres of land. he,. is hereby changed from Planned Development No. 6, "PD-6" District Classification and Use, to Planned Development No. 6.1, "PD 6.1" (for single family, two family and multi-family uses) District Classification, and Use, under the Comprehensive Zoning Ordinance of the City of Denton, Texas, subject to the following conditions `k and restrictions, to-wit: 1. The developer shall extend one-half of Colorado Boulevard to the M.K.&T. Railroad, 21 The remaining one-half of Colorado Boulevard shal). be built by the developer as subdivisions occur along the sout"i side of the proposed Colorado Boulevard. 3. A ten (10) inch sewer line shall be extended by the developer to serve the site to be developed prior to the issuance of any building permits. 4, . The subject property shall be platted prior to any devel- opment in accordance with the City of Denton platting requirements in effect at the time of such platting, 5. The location of tributary B to Pecan Creek -Yhe a tlr.e same abuts the east side of Phas, I of Township IT shall not be altered except to provide for nejessary drainage, it l.t fi.irthe: provided that single family lots shall begin no closer t1i n forty (40) feet east of the centerline of the existing creek. 2-1492-DON PLUNK, DAIMNj INC. r. ~P~LQY.,~Y*tli/M16AnfN'xSG.lYIIR~tisi~A' !.f!:7'~~,.;s.'FrcA',+f;6WKSAl1P41WR.[ "UnhA.Gt&.'.'M~k9K'NlkOsyP1WM%WWG6tiM'~Fi~'i+a/ j ~ 6. The developer shall landscape the greenbelt between the ditch and the lot lines. 7. The density of the 18.5 acres of the multi-family tract shall not exceed twenty (20) units per acre, i 8. The developer shall deed restrict the property; such ~I restrictions shall be compatible with the existing deed restrictions } for Township 7r. 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 f 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 promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, hrotectinq human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. 4'~k} SECTION III. That this ordinance shall be in full force and effect immeJi- ately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the 15th day of. December, 1981. RICHARD . STEW MAYOR CITY OF DENTON* TEXAS Aa44i ET rL CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS 5 BY: a Z-1492-DON PLUNK] DALCONi INC. a'CIRW ~5~'1r f~.T~"~~ i' t~ } r°; ~i e s tJjpp I • + I #1 jig r d~l~~~ ~ I 1 IN- ' ~ % ; ~ _ tee,' ~ ~ 1 1 <10 { ~ I ! 1 . Ir.- 1 Fr ^ ~ r/1~ I r y' 1 1._..Y. ~ •I ( i i'i J 1 1! i''%~ ~ / T~ , fry o .r'w. 1 1 1 ' `tf.ri/ / . :t '1 J~ ..\-~ry~ J•1 r 1~,. 1 1t ' \ t I /\r~ I • i\ I P.: I 11' .I yr r/r. inn I. ~ ~Y l~~TT~~~i i\, 6 ± ~I"~ ii . j -r/'~'~/ , ; \ ` ,f , ' " i x`11+ ~`i 1 E l r~,' ^ , ' ` r .~lnlfrrrp ` r ."l !il {f r 1 it 1 ~ i . I i ~ I,• ' \ \~!'i i j'"`T.~.7 ~ ~ i r! A i~J"' I ~ ~ ; ~~o4wn .I I ' .T• / ,r~) 1.7L! ' T ~ ' ~=~+!1'• ~ r• ~'+~j~!' t• j a fir. ~ t . L, / .7 , r 1 s. ~ `~J'a ~'.4• It. ~ , ~ n ~ • ~ aryl, ' i r r r e • n ~Il7CQ]~'• . . .I C.~"IL~1!{~C7'^'1"..'"~Y~ [+'l^'y:^'7~JE4~3'. S' Rt~' ' a ( 1 r { I 1 ~l+ i 5 e .R. n\I V 1 . 'I 1 ~r I yz I' ! JC Y ' k• r ~ I'l~~yrk L 1 X01 r I } • ( I 6 I 1 I 1 t ~ 0 I t 1 1~' 1 ° I I ~^\A 1\ I ~r+. I l `1. e1 I I r\YI y~ o Y I I, 10 R tx lr1 y lA 1 G IAA'. ..1 Y' I ~~r 'FI A('~i al {L1.,~, 4r( ~i.4 r. •1. I ''1~~ ~ i~ I i , i .(1~~ I I IL M, a ~t 1~. 1 1 M1~ ~I!~: 7 y 1 irAr r 1; I Iti t i xr I I ~ ( J. I ~ I Y ( ,A ~rir l r n}, Yi L till + (1 1 I + t •~r: + I! 1 i 4h + I 1 A d I . ~ I tV Y h IYSih~ 1, 1 1 A t t r I 1' 1 `RIy IJ'151 I I I k.. 5+ .I l~rl; II - I i r a r I~ ' tie } ! 1 I I'' I +I 1•I,; d I A" r l r 5 A f ( I ~ y ( s 'r ~ 15~;(lii~yy~~~tl+1 fJJl 1 ' ' 1 . ( r I`.1 ` ~ i l I E i ~ 7i rl Y ql 11 ey Ir., '~Yi~ f~V'! I ~ .~1 kr I fa :Y ~ ~Ma.[I Y i { y Ire I.:'! r ~ ri 1 Y. ~ '1}r 7 Y . R . .1\ I (d ~ Ir~~Y~ 4r rr \ Yl~i i~ 1 I' ~i £r.l r: t' l L 1 1+ ' y t ~ ! R • ~n 1' ~!A'u~~iq S 4~ e! ed i~IS \Y 1 a 1 ° II'I ~ 1' ~ li. ( ll r .1 r I ,',I ~ IJ 'I I 1 I 1 I '111•.n A V o`+~'g4 !.A Q 1 J (71 h~ 4tA `i 91, R .1 1 4 is r.~ yA. I All{ v ~ i to 1 1 ~ L ~ f^ A i I u~, r~ ~Si I llr ~~'j i{{ k A, S 7. Y~~Id ~,11 -I r7( f( A ( r I ~ I, a I I r• 4 r.+ r I ^ iq ,I. ° 1.. i l~I. '1~~1 ~11 I A ~~a' ~ t r I ; !1 ~ .I !(F' 1, t I. I A4 ~ 'Y. ( I !i ,~{r .11p1 Y1 V~!>~': ''t~ ~ ~fZA/5 ° ' I 1 '.I r Y I I 1 II ~ f I ~ ' - rI CAVE "1 i Y( rlf.v a 3 I' V y ~ 'rt' 4 ~'~°r 1 r7~(Ixl. 1n.r! I t. v i , - ~ f ' r ~ M ~ 1 ' 1 r.~ v c ' ~ ~ ~ N ~ ` r ~ j r ~ 3., , , Lr.rr~rrrrue,aas l 1 1 cx l>l C~~i fir' ~j JX4 74 r 1 , ~ ~ I ~ i ~ ~ i ~ ~ , ~ ~ + ~ i ~ ' ' ~ i ~ i ~ Kj n ~ 1.- C~~~-'l ~a 1~ ~ 1~~~~_~ ~I 1, i ~ ' l r x n4 1 'v,A•'r Y~k~ «x; e? eT~ ~ t S ` i~ , ' { r '3.r yr.'s s. .414 j R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE. CITY OF DENTON, TEXAS: WHEREAS, the Mayor of the City of Denton, Texas is hereby authorized to execute on behalf of the City of Denton, Texas an Apportionment Agreement by and between the City of Denton and the City of Argyle, a copy being attached hereto and made a part 4 hereof for all purposes. PASSED AND APPROVED this the 15th day of December, 1981. ' t I H ST , MAYOR CITIV OF DE TON, TEXAS r~ r, ATTE S S OL , C TY FEC FTARY CITY OF DENTON, T`3XAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY s^s CITY OF DENTON, TEXAS BY: N'7A f7116rX1 11;yy`` Yxy.,1 4A4 "r~ LsM1~ , .~1 n x t o r t y4 . a j i w i 4 THE STATE OF TEXAS § APPORTIONMENT AGREEMENT COUNTY OF DENTON § ~r 's This Agreement, made and entered into this 15th day of December, 1981, by ind between the City of Denton, a Municipal c f fi 7 Corporation, and the City of Argyle, a Municipal Corporation, of Denton County, Texas, both parties being political subdivisions organized and existing under and by virtue of the laws of the { State of Texas: It WITNESSETH: .J aM1tir WHEREAS, the parties hereto are geographically located in proximity to each other in the County of Denton, State of Texas; and '7zV~1 WHEREAS, the extraterritorial jurisdiction of the City of w4 Denton (hereafter referred to as Denton), as established by Article 970a of Vernons Annotated Civil Statutes, as amended, s; entitled the Municipal Annexation Act overlaps an area within the extraterritorial jurisdiction of the City of Argyle (hereafter referred to as Argyle), as established and designated t?ti'' by said Municipal Annexation Act (hereinafter referred to as "Act") ; and 4~ WHEREAS, It is to the mutual advantage and benefit of the parties hereto that Denton and Argyle mutually agree to designate and apportion a certain boundary line or line of extraterritorial jursidiction which line would be mutually contiguous to the corporate limits of both parties and adjacent thereto: and WHEREAS, in effecting such apportionment there has been considered by both parties the population densities, patterns of growth, transportation, topography, land utilization and ability to provide service and facilities within the respective municipalities concerned, and within such overlapping and contiguous area; APPORTIONMENT AGREEMENT-PAGE ONE J a ' ' I 1 g44}~j NOW, THFREFORE, in consideration of the2r mutual covenants, benefits, and the reliance of each thereon, the parties hereto 7 covenant and agree as follows: i 1. That the line described by the field notes set out in "Exhibit A" attached hereto and incorporated herein and for all purposes ^--dc -a pa:L hereof, shall become the line of apportionment and the extraterritorial jurisdiction limit between said parties affecting all overlapping and contiguous extraterritorial jurisdiction between said municipalities, and the extension of the corporate limits of both. 2. That any prior or previous line of extraterritorial jurisdiction affecting common boundaries, overlapping areas or contiguous unincorporated areas adjacent and common to said municipalities is hereby deemed null and void, and of no effect, a'ti r' T' being hereby pre-empted by the line delineated and described in 4111 "Exhibit A" attached hereto. r 3. Further, the plat attached hereto and designated "Exhibit B" shall henceforth be regarded as the line of extraterritorial ,a4 jurisdiction between said municipalities, said line being the same as described in "Exhibit A". And, that a copy of said agreement along with "Exhibit A & B" attache" shall be recorded in the Deed Records of Denton County, Texas, and shall be further available to the public through the undersigned municipalities. 4. Denton agrees that Argyle may annex north and east to the described line, and to that extent relinquishes its statutory extraterritorial jurisdiction to Argyle so long as this Agreement remains in force. 5. Argyle agrees that Denton may annex south to, and east of, the described line, and Argyle relinguishes its statutory extraterritorial jurisdiction east and north of said line to Denton so long as this Agreement remains in force, APPORTIONMENT AGREEMENT-PAGE TWO „r" NEW pp ~S IN WITNESS WHEREOF, 'this Agreement has been executed the day and year first above written, by the parties hereto through a' 3 their respective Mayors first thereunto duly authorized by a proper Resolution of their respective City Councils, and such sl execution shall be an official act of each City, and be bir,ding upon future Councils until terminated as provided herein. OF / - - STEW, ON,ATEXASAY CC AOF DE T I i ATTEST. B OMK HO LT, CI SECRET RY ' :r CITY OF DENTON, TEXAS 1-` APPROVED AS TO LEGAL FORM; C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY. f r; 'r YO T R Y OF ARGYLE, TEXAS rtv , ATTEST: r LLITY CLERK CITY OF ARGYLE, TEXAS a APPORTIONMENT AGREEMENT-PAGE THREE y EXHIBIT A ' yS y BEGINNING at a point in the intersection of the centerline of F. M. 1830 and the centerline of State F.M. Highway 407 said point also being the southeast corner of the proposed Argyle City Limits; THENCE north 0037' east along the centerline of said F.M. 1830 1 a distance of 256.8 feet to a point; THENCE north 0025' west along the centerline of said F.M. 1830 a distance of 3177 feet to a point;, I 4 THENCE north 0033' east along the centerline of F.M. 1830 a distance of 1272.3 feet to a point for a corner in the existing Denton City Limits as established by Ordinance No. 78-28 said point lying 10 feet south of the intersection of the centerline of said F.M. 1830 and the south right of way line of a public a 7 road known as Hickory Hill Road; j THENCE north 89035' west with the existing Denton City Limits Y as established by Ordinance No. 78-28 10 feet south of and parallel with the south right of way line of said Hickory Hill d Road a distance of 2^,500.90 feet, more or less, to a point for a .a corner; THENCE north 76030' west with the existing Denton City Limits 10 feet south of and parallel with the south right of way line «3 of said Hickory Hill Road crossing the common boundary line between the F. Ramsey Survey and the Texas and Pacific Railroad rr.. Company Survey, a total distance of 250 feet to a point for a k ' corner; THENCE north 89035' west along the existing Denton City Limits line 10 feet south of and parallel with the south right of way line of said Hickory Hill Road crossing the common boundary line between the J. Smith Survey and the F. Ramsey Survey a total distance of 2838.7 feet to a 4,r point; THENCE south 89020' west along the existng Denton City Limits n; line a distance of 600 feet to a point said point being a corner point in the existing Denton City Limits line and lying in the City Limits line of Argyle, Texas. 1G6? ~J ~Si1r„ fill 4' r • + 1 ' i 1 rare T.r°Nara•VSY.leoa . w I rl . . 111 • 11 , J I 1. w ~ J / r.. r Vr p, j'I r' J' r 1'y I P f J •r 1 . ' lid ♦✓•Jr r -%J•'•, `J•r1. ..t t'Ia f f ; 'el V ` Ir 1. .l. ' ~ r j 1.» .r.. tc i rf. ± i.•r X1,-1: 1. 1~._~ f ~ . ;i •I• •j../ ~L ~~~lal 1f r 1. ' i' r l r ILa=~.►sr• r J . h X51 Ih, I. IMV I IN. ``~~fi' f li r•.1L1 T r .6. 1.. . r. J.. f. ' 1 J • J . +'14~,. I f.r r1.. P. it f .Lql r..l. J. 1 ~ • POP, pYl.r 4.1 I q f•, • i11. I fl Il. f • 4,4 I : ~~•111 1. ~ / h ~ ~ .1. 6 I~ I 'l . y .J n . l x1.1 ♦ • q'•. ~ • I ~ r}I 1 VIL. 1 ♦ .•rl Fi / S@7 l.1 P...1 Y•r L~YOI f' r•1. or, 1. .ur Y,... 1 . 111 IJ ' ~1. ■`n~`~, gIIR 1eH 1. , r•rol I»+.-n-c-+y~fti1~~"' •.•L •I a. L; i•,yi.,t j ~ .•I %U.. IIe■ / 1 I 'n,l I 6 L+11x7.1"',''1 ,i ~ 1! 1'1'.11/•a ♦ •1. L. 1 4i.r /1 ~'I • .!k nU. ✓f~L .a •i1 a.. .r064 f r x.16. ,i r' ~ Ji r.~r~l.. IVrd,. _rl~ r.l, • 11. r.1 ' w „i. ,Ir dr w' a. 10 ~il tL 1. a , . 1 01, ,r~ ~a.rrL / 1 f JAW A. 044 L nl ~aFel r r' ~ I~ i.i'~r~,Ir. ,♦~~..ri - r . 1 1 ,L 1 . r w . I' ' ,,'.l 1... n L 1`"~T•,_L ' A.~~ f r u L ' 1• 'r• ~ ,'fl/~ i 'y M..1. b,l ~ ui1^ J, /d •.Ir.. r 'r 1L rL..I.., r k. oil r • ~ .i fem. j i,L~ c~ J Y La ml, I CITY OF DENTON MEMORANDUM DATE: December 18, 1981 TO: Brooks Bolt, City Secretary FROM: Joe D. Morris, Assistant City Attorney SUBJECT: Old Post Office Property Attached is an executed copy of the Warranty Deed and Closinp, Statement in regard to the sale of the Old Post Office to McNeill's Furniture and Appliance of Denton, Inc. Please file these copies in our official records. Best wishes for a happy holiday season. ~ ` --jy'-D NGR JDM:Js WARRANTY DEED THE STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: § That the City of Denton, of the County of Denton, and State of Texas, for and in consideration of the sum of One Hundred Ten Thousand and No/100 ($110.000.00) Dollars and othe,,- valuable consideration to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged have Gr:,nted, Sold and Conveyed, and by these presents do Grant, Seal and Convey unto McNeill's, Furniture & Appliance of Denton, Inc., of the County of Denton, State of Texas, SUbject to the restrictions hereinafter made, all of the following described real property in Denton County, Texas, 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 Locust 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 I 80 west 565 feet 9 inches, and the northwest corner of the "Wright Building" covering Block Six (6), of said City of I Denton, bears south 58 feet 8 inchest THENCE north on tt:e east line of said Locust Street and the west line of said Block Seventeen (17), one hundred forty (140) feet an iron pin set in concrete, the northwest corner of said Block Seventeen (17) on the north boundary line of the William Neill 100-1/2 acre Survey, at the intersection of the east line of North Locust Street and the south line of McKinney Street from which another iron pin tiet in concrete bears south 88.56 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 Street and the north line of McKinney Street bears north 160 west 58 feet and 8 inches; THENCE south 88-1/40 east on the south line of McKfritey Street and the north line of said Block Seventeen (17) and the William Nelll Survey one hundred twenty (120) feet seven (7) inches to an iron pin set in concrete the northeast corner of said Bloc( Seventeen (17), at the intersection of the south line of McKinney Street and the west line of ',sh Street, from which the aft~esaid 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 inchest i THENCE south on the east line cf said Block Seventeen (17) and the west line of Ash Street c,ne 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 the 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) and tho north line of Pecan Street one hundred twenty (120) feet to the place of beginning. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said grantee, its successors forever; and it does hereby bind itself and its successors to Warrant and Forever Defend all and singular the said premises 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 to the following covenants and restrictions: A, In order to insure that the historical integrity of the building located on the conveyed property is maintained, the provisions of Article 28A ("Historical Landmark Preservation") of Appendix B ("Zoning Ordinance") of the Code of Ordinances of the City of Denton, Texas, 19661 as amended, shall apply to the structure located on 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, aitared or demolished, except in accordance with the provisions of said ordinance. B, Any and all restrictions, convenants, conditions and easements, if any, relating to the hereinabove described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and state, PAGE 2 .Ind ~o a.1 r011 inl lrcw:,, rer!t~I'it:iand Or,linrcnces of munir,inal +In(I/ar other gmvolnient1l ailthoril.i e, i. f. any, I;ut only to ti-in oxlr.nl_ Lhat t.!cr,y ,ji-o ::till in erfcct, relntinq the herein- .nbove descr. ibod !>rnperl v. GXf.CiJ7'E',D 1:11ir, thr_ 1!'." 0,cy or /V0V<211!v1 e}'" l981. C F DtiIN TON 1(Gr~R rL. } gar (r! c ~iFsIZD Cl, j ,S'i't'''rll.~t'1 , MAYOR ~i'I 0;' 111: lrt)id, 'VPYAS 01 13k0Oi;S 1',Oi,T, CI`1'Y SF:c'I;I'1'ARY C17'Y OF UF,d71ON, TEXAS 'rlir S'1`,1TI, OF 71EXAS S COUNTY OF DRN'CON § This instromr-.nt was acknowledged before me on thr &-~'-day of 1981, by Richard 0. Stewart Mayor of the City of Denton, Texas, a Municipal Corporation, on behalf of said Municipal Corporation. HAVE" E SCOTT lkiA 7 Pr61r get cliwt \`(N✓J I!M4einm+ukn~ ptaMe,cel~,1985 NOT Y PUPT,IC My Commission expires: PAGP 3 ~"i SELLEfi'SSTATEMENT CVAPANTY COMPANY DATE; December 1931 • _ GF No.: H-&173 _ SALE FROM The City of Denton, Texas TO:ricNeill's Furn. nr,d Apll. of DentonL Inc. PROPERTY All of Blcck 17, 0. T. l,nton SALES PRICE ---------5 - ; it r~ l> REIMEURSEMENTS/CREDITS Proralians: Hazard Insurance Flood Insurance y Maintenance Charge S Tax Proration from Escrowed accounts with Lender purchased by Purchaser S S -S- - TOTAL REIMBURSEMENTS/CREDITS 5--- _ GROSS AMOUNT DUE TO SELLERS LESS: CHARGES AND DEDUCTIONS Down payment or earnest money _ $ Commission to $ _ _ S Filing Fees to County Clerk WD REL_ DT TSF` AFF__ S Loan Charges and Fees Due to Disc. Fee -Insp. Fce _ Appr, Fee Orig. Fee Fees to Title Policy: Owner Mortgagee Binder Escrow Restrictions _ S Tex Certif icates: State and County S _ City and School . S Other S Survey feo to S Attorney's fees for preparat on of papers to - S 5 Maintenance Charges $ S-late and County taxes for $ City and School taxes for S . S Note, Assumed or Paid S 'Interest From to $ S Tax proration from to - S Rent proration from - to - $ S Pest inspection fee to $ _ $ Note retained by Seller S S TOTAL CHARGES AND DEDUCTIONS S n r NET AMOUNT DUE "/TO SELLER Seller understands the Closing or Escruw Agent hai assembled this information representing the transaction frorn the best inrorniation available from other sources aid cannot guarantee the accuracy thereof. Any real estate agent or Ier,ecr involved may be furnished acopy of this Staterner.t. Seller understands that tax and insurance prorations and reserves were based on rigures for the preceding year or supplied by others, or estimates for current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct. The undersigned herrby authoritcs_-->I - ' .--to make expenditures and disbursements as shown above and approves same for payrnent. The undersigne a also acknowledges receipt of loan rund s, if applicable, in the amount shs,. n above and receipt ora copy or t!ds Statement. y ~~elL u~- i ` ~ ' L iVvli C ? t <C _ C'~ ,9f~r ale CLOSI U O ESCROW AGENT ADDRESS 'Able; Inte,ett on existing lient !s figured to the date Indkared, If not paid by then, eddiNonal Interest will hove to be collected and yoi,r riatement will be adjusted to hove rullicient funds to securerelcera from the lianholder. C ~a a ' \ ~ ~ ti J 'I t ~ ~ ~ ~ ~ , , ~ \ `~1 I C r 1 ~ l 1 j ~ a CITY OF DENTON MEMORANDUM TO: Mayor and City Council City Manager City Secretary FROM: C. J. Taylor, Jr., City Attorney DATE: June 22, 1981 SUBJECT: Opinion No. 317 Open Meeting Law Attached is Opinion No. 33.7 from this office on the Open Meeting Law in response to the questions raised by the Denton Record-Chronicle. I have furnished the Editor and Associate Editor of the Denton Record-Chronicle a copy of this opinion. H.B. 15S5 passed by the Legislature at this session would have changed the provisions of the Open Meeting Law considerably, but the Governor has vetoed H.B. 1555. A copy of the editorial on this subject is attached. G ~ . TA LOR, R. CITY ATTORN8 CJ'rJR: or Enclosures: 1. Opinion No. 317 2. Editorial ► CITY OF DENTON OPINION TO: Mayor and City Council City !Manager FROM: C. J. Taylor, Jr., City Attorney DATE: June 17, 1961 SUBJECT: Opinion No. 317 Open Meeting Law This office has received a letter dated June 10, 1991, from the editor and associate editor of the Denton Record-Chronicle in which they question the procedures being used by the City Council for executive sessions of the City Council. Article 6252-17 V.A,T.S., as amended effective January 1, 1974, provides that: Sec. 2(a) Except as otherwise provided in this act or specifically permitted in the constitution, every regular, special, or called me~etinn or session of every every governmental body shall be open to tTie -Fe--- and no closed or executive meetin or session of any governmenta o y or any o t e pur oses or which closed or executive meetings or sessions are hereinafter authorized shall be held unless the governmental body has first been convened In open meeting or session for which notice has been given as hereinafter provided and during which open meeting or session the presiding officer has publicly announced that a closed or executive meeting or session will be held and identified the section or sections under this act authorizing the holding of such closed or executive session. `Emphasis added.) The Open Meeting Law defines a "meeting" as: "Meeting" mean;: any deliberation bstween a quorum of members of a governmental body at which an public business or public _policY over whic;i a governmental body has -suupe~-rv son or control is discussed or considered, or at which any formal act on s a en, The term "deliberation" as used in the definition of the term meeting" is defined in the act as: Mayor and City Council City Manager . Opinion No. 317 June 17, :981 "Deliberation" means a verbal exchange between a quorum of members of a governmental body attempting to arrive at a decision on any public business. Executive or closed meetings or sessionr•are authorized by the Open Mne'ing Law as follows: ' 1. During the examination of a witness in a matter being investigated by the City Council. Sec. 2(c) V.A.T.S. 2. Private consultations between the City Council and its attorney with respect to advice on pending or contemplated litigation, settlement offers, and matters where the duty of the City Attorney to his client, the Council, pursuant to the Code of Professional Responsibility of the State Bar of Texas, clearly conflicts with the Open Meeting Law. Sec. 2(e) V.A.T.S. This right is also provided for under the common law. See also Senate Concurrent Resolut:,)n No. 83, Acts 1969, 61st Leg., P. 674, Ch. 227. 3. Discussions with respect to the purchase, exchange, lease, or value of real property, or negotiated contracts for prospective- gifts or donations to the City. Sec. 2(f) V. A. T. S. 4. Meetings involving the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, or to hear complaints or charges against an officer or employee, unless such officer or employee requests a public hearing. Sec. 2(g) V.A.T.S. 5. Meetings regarding the deployment, or specific occasions for implementation of security personnel or devices. Sec. 3(j) V.A.T.S. No final action, decision, or vote with regard to any matter considered in a closed meeting shall be made except in a meeting %hict is open to the public and notice thereof given in compliance with the open meeting law. Sec. 2(1)'V.A.T.S. Section 4(a) of the Open Meeting Law makes it a misdemeanor punishable by a fine of not less than $100 nor more than $500 or imprisonment in the county jail for not less than one month nor more than six months, or both, for a member of the City Council to: 1. Willfully call, aid in calling, or organize a special or called meeting or session of the Council which is closed to the public; or Mayor and City Council City Manager , Opinion No. 317 June 17, 1981 ' 2. Willfully close, aid in closing, or participate in a regular, s})ecial, or called meeting or ses~;Ion which is closed to the public, where a closed meotin_g_is not permitted by the provisions ol-the open Beet%ng`~aw,---" Any official action taken on any public business withot:t having given notice of the meeting at which the action was taken in compliance with the Open Meeting Law of the State of Texas subjects the action taken to judicial invalidation. Lower Colorado River Authority v, City of San, Marcos, S23 S,W.?d~T up, t, o ~n`d. ScF ' Fist-v ~e'cos-Barstow Ind, Sch, Dist., (Tex.Civ, _ya pp no w :frist.) d~ib~W;7."d--37T-CriroI~ ng approved by supreme Court in 523 S.W.2d 641). The appearance of the Chief of Police before the City Counc+l in executive session to report on crime statistics at private clubs, including his recommendations, if any, for a solution of the problems would not, in my judgment, he in violation of the provisions of the Open Meeting Law; Provided that the meeting was not called to reach a decision o7- tie matter but was only for informational purposes. Records of law enforcement agencies d,)aling with crimes (Sec, 3(n)8, Article 6252-17a V.A.T.S. Open Records Lawl and interagency or antra-ageny memorandums and recommendations (Sec. 3(a)12, Article 67-S2-17a' Open Records Law) are specifically excepted iron the open records act. This writer is certainly aware of the fact that a meeting can start and not be in violation of the Open Meeting Law and end up being in violation of the law because the City Council inadvertently made a decision during the meeting. The key to the question is, was the meeting called for, or was the discussion among the City Council for the purpose of arrivin at a decision b a majority of the It ouncr on anv u6l~c business. If It was, t en not ce o the meetings ou d be g ven -in accordance with the open meeting law. If the meeting or session is for information purposes only, then in my judgment, th,:re is no violation of the Open Meeting Law. This question was considered by the Austin Court of Civil Appeals in Commissioners' Court of Has Count v. District Judge, ,:2nd Judicial str ct o mays County, 506 S,W.T&- a Kt•c~pp. - T1o wr ti His In an o`pinfon written by Judge Truman O'Quinn, former City Ao-torney of the City of Austin, Texas, 1939-42, 1946-51. In thi%, case, the District Judge furnished a copy of the budget to the County Judge and met with the County Judge and the County Commissioners in a "workshop" session on August 4, 19729 to discuss the probation budget 3 Mayor and city co6itcil i 1 City Manager Opinion No, 317 June 17, 11)81 prepared by the Judge. Th.. County Commissioners contended that since the August 4, 1972 meeting was not called and notice thereof given under the Open Meeting Law, that it was not a legal meting at which the Judge could present: eir discuss his proposed budget. In this case, the Co:rt of Civil Appeals hold as follows: "The meeting of August 1, a workshop session at which the probation budget was discussed, did •ot result at that time in the taking of any final action by the Commissioners on the budget. Final action on the general budget, as well as the probation budget, was taken vt the meeting of August 14, admittedly called snd held in compliance with the Open Meeting Law.... Preliminary to the public meeting and final action of the Commissioners' Court to adopt the budget, conferences and' discussions between the district judge and the Commissioners, at 1rhich they advise with one another but the Commissioners' Court takes no conclusive action, do not come within the mandator requirements of th en Meeting aw, :mp asis adddde~cdl~- The Court of Civil ;.,peals further commented as follows: "Section 10 of Article 42.12 requiro, the district judge to determine sa:aries and other expensos of the probation program and to distribute the proportional costs to the counties in the judicial district according to the federal census. Nothing in the probation law or in the Open Meeting Lax requires this wo,- o-be per orme at a public meek." m7E pTasTs added.) Open meeting laws of the other SO states do not give us much assistance since some state courts hold that "workshop" sessions are not permitted under their particular law. Annotation, 38 ALR 3d 1070. Some state courts hold that their Open Meeting Law applies only to "formal" meetings of a governing body. Adler v. City Council of Culver C184 Cal. App, 2d 7630 7 CaT Vptr. 805; ut other state courts hold that their Open Meeting Law includes informal sessions and conferences of the governing body with staff members. Considering the conflicting decisions from the various state courts on their open meeting laws, as compared to the decisions of the Courts of Texas on this subject, it is my conclusion that the law In Texas is expressed in Commissioners' Court of Hays County v. District Judge, 22nd JudTcfa=s-t-r ct o avs Mayor and City Council City Manager ' Opinion No, 317 June 17, 1981 County, S06 S.W.2d 630 and that "workshop" sessions of the City Council are permitted under Texas law and are not required to be open public meetings; However, your attention is directed to the provision of the bras Open Meeting Law defining "deliberation". If the meeting is called for or during the raeuting the City Council attempts to arrive at a decision on any public business, then such meeting is governed by the Open Meeting Law and notice thereof should he posted and it should be an open public meeting. The City Council should adopt a policy of procedures for workshop sessions, and determine how and in what manner workshop sessions are to be held by the Council. Respectfully submitted, C{ C J Ta to Jr Ci ty Rttor y CJTJR: er I 3 4 DF-woY RECORD-CHRO iCLE Tema 22, 1981 Clements'' wrong about meeting low Gov. Bill Clements vetoed a much needed change in the Texas open Meetings law, a change that he argued would open up a lot of httgation to clog up the courts and hamstring government. The bill would have required public bodies, such as city councils and school boards, to keep minutes of closed meetings, which could be used in dii,trut court if the governmental bxdy was chah'er-od. It also wotdd have allowed anybody to Zile a come Flaint agairm the governmental body and o recover attorneys fees if the challenge WAS SUeceidul ..The governor said he thinks that would kid to a lot of litigation and the courts are clogged now. in the first place, it some Editorial )evlation is needed, the condition of the courts should not prevent it from being enacted In the second place, anyone ding a case would still base to pay the coats and risk loelril Onl? if the chillerile was suc- •cessful would at- fees be recovered }foal of the cases probably would to filed b.r the Dews medu on behalf of Ito public. r As it is now, there is no way to be sure ``o -errimental b0I are following tl:e la-&. My,me who psrlkipates in an illegally closet: meetirg U a guilty party and this Dot Itkt'y to be a good watclsdOt far the pubU. I No mtnulro o! coifed mcefirrtt are kept, so there 11 no w sy to k1I what went on. Later, ar yone who participated tau tlve Rif ' own versos of what haFVned . The pprrc heed change in the U -fir also vousd have voided any action taken in a eksed meeting That certaudy u needed it avid be interesting to krArw how t!e finerm,r drf nn' `atrutnrq- -.1 !.,1# phrase 6e used about • w crurge rumatrug.rq Ctvir rrient 11 he means it would keep m trom doing wha!erer they wanted In a Ux closed meet". then they outhl to to harastruni It Is apparent tt» v.eresor LrUSIA city traxtla and sI Crds a lot more than the general putslk doer In tcntral, pAIlk business should to tlow in Mic . Sloe the governor tat ob eectliorvs to the clanta sppgqrrosed by 'ne Lmilature, he ahattld au►xntt lit 01 ,13 prwe"I to the apeew aaam of the lAgulature to that aw Open III" nO lAw. which is of limited r" now, can be made rnearsirefut. f ~ ~ ~ ~ ~ ~J ~ ~ ' `J ` ~ \ ~ `a i , J t ` ~ yam. ~ ~v ~ r ~ i ~ ~i 4 ` ~ . ~ ~ J RESOLUT ION RESOLVED, the Elders of the Pearl Street Church of Christ be and they are hereby auth31!z e tJ --::acute and deliver to the City of Dentin, Texas, an easement in the form attached hereto and by reference made a part hereof, without the payment of consideration by the City to said Church. The above and foregoing is a true and correct copy of a resolution adopted by the members of the Pearl Street Church of Christ at a regular meeting, with proper notice having been given, a quorum of the members of. the Church having been present, and said resolution remains in full force and effect and has in no mane-ir been amended, res^.inded or revoked. This is to further certify that 0. .l. HONAKER, HARRY LEDBETTER and MILLARD SMITE{ are the duly elected and acting Elders of the Pearl Street Church of Christ. -Pe st1.0 Bee SWORN TO AND SUBSCRIBED BEFORE ME by on November 1981, to cert1 y wh ch, witness my hand and seal Of office. Notary Public in d'nd for The State of Texas My Commission Ex3ires1f THE STATE OF TEXAS I COUNTY OF DENTON I BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared known to me to be the personVwrh"o`sseA ne s subscribed to t e 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, on Novemher 1981. I Notary public in and for The State of Texas My Commission Expires /~IIP~ • THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § DRAINAGE, 9AUMENT 411 The PEARL STREET CHURCH OF CHRIST, an unincorpo- rated religious association, acting herein by and through its 6uly authorized elders, of the County of Denton, State of Texas, in consideration of the sum of one and No/100 Dollar ($1.00) and other good and valua.,ie considerations to it in hand paid by the CITY OF DENTON, TEXAS, the receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the CITY OF DENTON, TEXAS, an easement for the hereinafter describel purposes, upon the following described property, to-wit: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the W. Neill Survey, A-971, and also being part of a tract of land as conveyed from F.H. Kent to Pearl Street Church of Christ by deed dated July 9, 1975, and recorded in Vol. 750, Page 974, of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the Southeast corner of the Pearl Street Church of Christ first tract, same being the northeast corner of the first tract as conveyed to the City of Denton by deed dated January 17, 1975, recorded in Vol. 733, Page 253, of the Deed Records of Denton County, Texas, said point also being in the north right-of-way line of Pearl Street; THENCE West along the south boundary line of said Pearl Street Church of Christ tract passing at 60 feet the west boundary line of the first tract, same being the east boundary of the second tract and continuing a total distance of 120 feet to the southwest corner of said second tract; THENCE North along the west boundary line of said second h tract a distance of six feet to a point for corner; THENCE East six feet north of and parallel to the south boundary line of said second tract and first tract, a distance of 120 feet to a point for a corner on the east boundary line of said first tract; THENCE South along the cast boundary line of said first tract, a distance of six feet to the Place of Beginning, and containing 720 square feet of land, more or less. This easement is granted for the purpose of the City of Denton, Texas, constructing, installing, repairing and perpetually maintaining drainage facilities, in, along, upon and across said premises, with the right and priviloge at all times for the Grantee herein, its agents and employees, to enter upon said property for said purposes. VA I I A PALE 239 ON A f. a'~«~.+....,~x•vn n..r ~v r,w.wV.'rw Mf..l:+N 9. r`f..W?TJY!$Nt1Y:JMMtl iL( saw" This easement is further gcanted subject to the express condition that in the event the Grantor herein, the Pearl Street Church of. Christ, its successors and assigns, were to desire to construct improvements which would embrace the easement area hereinbefore described, the City of Denton, Texas, will move said easement at the City's cost to another suitable location on property owned by the Grantor herein in T r,J order that said easement shall not inte 6.) rfere with the Grantor's C7 future use of the hereinbefore described property, TO HAVE AND TO HOLD said easement unto the City of Denton, Texas, an easement for the hereinbefore described purposes, EXECUTED on November oZ 9 , 1981. PEARL STREET CHURCH 0? CHRIST By: Elder By: *Elder er THE STATE OF TEXAS COUNTY OF DENTON Public in undr.rsigned a on hthisyday personally appeared 0. J. HONAKER, HARRY LEDBETTER and MILLARD SMITH, known to me to be the persons whose names are subscribed to ~r the foregoing instrument, and acknowledged to me that they t 4,xecuted the same for the purposes and consideration therein ,expressed. GIVE' UNDER MY HAND AND SEAL OF OFFICE, on ; , , -~~`►~~LYT_ 1981. Notary Public n and for The State of Texas "r „ My Commission Expires _3 j g~ 7-7 1 n l r r N C ~ -1 m (7 Q V 0 D Z m 05" K x 9 1 p k > aro o --1 $ 4T 1:. O W t*J G1 z m zz "i x P {%i N P 7i Z I ! r I 1 .1f/~ zrf~ O N Vj ` C+5 W ~ ~ ~ Y1 n tiny cp> N ~ be } INDEPENDENT CONTRACTOR'S AC;REEMENrr k THE STATE OF TEXAS § COUNTY OF DENTOIJ KNOW ALI, MEIN BY THESE PRESFNTS: § r $r The City of. Denton Texas, , a twliciE gal Fiom13 Rule City situated { in Denton Count.Yr Texas, hereinafter c,illc'(.l ,Cit " ' , sct my hcrc,i:s by and through its City Manager, and Priority Systems, Inc. here- f inafter called "Contractor", herehy mutually agree as 'jllows: y 1. SERVICES TO BE PERFORr1ED: City herel,y retair s Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: Systems Programming Services. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: Forty Dollars ($40.00) per hour. B. Dates of Payments : S 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 directicn of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4, SOURCE OF FUNDSc 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 S.ue city of Denton. INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE: 1 ~~yy ~p"~ ~•,~w~ •Z~ ~~'K,KV ~"T.^ ~r •~v r i',~ i e •t ;T w w. H„n , .F '1!K ai ~`~I• ~ ~s .1 d~ ~~h ,,~4~i~f'5111.4~,et).Q~' 1F•~If .n}.. ,.e.. ~~~j t~.",., "S'~''!TY'y~"' ~~`'~`M ~~i ~1^•°~n~7~.~•d ~llt, f f 1'-) w- ~t,' r 5. SERVICES AND SUPPLIES TO BE FU',.NISHED BY CITY: City j.. agrees to furnish to Contractor the following services and/or S^c~ ,;A ' { supplies: b. A. Computer Time. j' F`! B. Teiminal Use. 1 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 : y of Contractor's business. 7. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor th-Lrty (30) days written notice of its intention to cancel this Agreement, 8. TERM OF CONTRACT: This Agreement shall commence on the 16th day of December, 1981, and end on the 22nd day of December, 1981. EXECUTED this the ~ day of December, 1981. j w, s ;a CITY OF DENTON, TEXAS BY. 9 ovo-sx-CITY K.-MITER ATTEST: G d Ae. 44~1 OCITY SECRETARY APPROVED AS TO LEGAL FORM: C. J, TAYLOR, JR., CITY ATTORNEY BY s CONTRACT BY : That Gary A. Collins is hereby designated as the parson to J administer the provisions of this Agreement. CITY MANAGER r INDEPENDENT CONTRACTL`R'S AGREEMENT - PAGE 2 , 1Q`;'7TI . /Y.w• +?t+ "~~~r4°~~ib:F1~'.in4 .T~•i 1~~ i-(v:S~ 1'l.p w,-f ~ 'A~ ~3~~!:, [f. f~j~ { r f~~ ~?i`.~; ',"~6~4~f{'+~~ i u~~.,,t ~j~"'. J 00, ~~J z f d' 1 ~ ~ e I a . f~~l '~v f' i x + tiT y~}" V % i ~ - 111 INDEPENDENT CONTRACTORS AGREEMENT THE STATE OF TEXAS § COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS! The City? t-€ Denton, Texas,'a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and thr:ugh its C:.ty Manager, and Priority Systems, Inc., here- nafter called "Contractor", herp'oy 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: Library System. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay Contre~ctor for the services performed hereunder as follows A. Amount of Payment for Services: Forty Dollars ($40.00) per hoi,r. B. Dates of Payments: One week aft.:r services performed. 3. SUPERVISION AND-CONTROL-BY CITY: It is mutually ur.-ler- 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 Cont'L-`.ctor 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. 0 INDEPENDENT CONTRACTOR'S AGREEMENT - PAGE 1 1 . , 5. SERVICES AND SUPPLIES TO BE FURNISHED BY CITY: City :i agrees to furnish to Contractor the following services and/or supplies: , A. Computer Time, Be Terminal Use. j 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. `A ~i 7. CANCELLATION: City reserves the right to cancel this any" Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. Be TERM OF CONTRACT: This Agreement shall commence on the 18th day of December, 1981, and end on the 22nd day of December, 1981. ti EXECUTED this the 1j `Zay of December, 1981. r. CITY OF DENTON, TEXAS Sys, BY: v"CITY AGER ATTEST SECRETARY APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR „ CITY ATTORNEY BY: yv CONTRA R BY: That Gary A. Collins is hereby designated as the person to administer the provisions of this Agreement. 7 E INDEPENDENT CONTRACTOR'S AGREEMENT - PAG; 2 Nal. ' i , ` ~.i ll~ ~ ~ ~ ` ~ ~ I ~I \j ~ ~ t ~ d , r r~ VOL 111 7 fAGE 800 THE STATE OF TEXAS ) SANITARY SEWER EASEMENT COUNTY OF DENTON DEED RECOR()l e(j() I, Bobbie V. Simms, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, paic by the City of Denton, Texas, a Municipal Corporation of the County of Denton, State of Texas, hereby give, grant, bargain, sell, and convey to the said City of Denton, Texas, it successors and assigns, the right to install, maintain, and replace a sanitary sewer pipeline across and under the following described tract: Said Tract being in the B.B.B. and C.R.R. Survey, Abstract 196, and WILLIAM ROARK Survey, Abstract 1087, Denton County, Texas, and Recorded in Volume 901, Page 771, in the Deed Records of Denton County, Texas. BEGINNING at a point in the South line of the aforementioned tract of land, said point being South 88 degrees 26 minutes 50 seconds East a distance of 10.0 feet from the Southwest corner of said tr&:;tp THENCE North 01 degrees 31 minutes 40 seconds East a distance of 177.1 feet to a point: THENCE North 18 degrees 28 minutes 20 seconds West a distance of 657.0 feet to a point in the North line of said tract, said point being South 88 degrees 56 minutes 20 seconds East a distance of 275.0 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 sha1.1 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 the sanitary pipeline is used, If the use of the sanitary pipeline shall cease for any continuous 6-month .jeriods this easement ,shall terminate without any further action of Grantors, and the title to such easement shall revert to Grantors, their heirs or assigns, • 1 w J `I The top of the pipe shall be buried below ordinary plow depth, Grantee shall ;;lean up the job site, by reroving all trash, brush, debris, excess excavated material, and similar R items, shall back fill the ditch and restore the top soil, and take such other actions as may be 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 ano egress, Should Grantors desir: to place permanent improvements such as roads or utility lines over and across the easement, Grantee shall not unreasonably withhold consent to such improvements. 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 thereof, for the purpose of repairing, replacing, and maintaining such pipeline. SIGNED this day of mil( , 1981. obb a M. S mms ;vc~111'7 enE 8J1 THE STATE OF TEXAS ) COUNTY OF ) YOL 1117 ! PAGE p 802 BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personaly appreared Bobbie M. Simms 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 expressed. GIVEN UNDER MY HAND AND S::AL OF OFFICE, This the day of __6`1)Cala l~ , A.D. 19(, NOTARY PUBLIC'.. FO -Tirli pity COUNTYy TEXAS My Commission expires: Yea: Y Ii, iii 6 (38°56'20"E- 275.0' ' 20 TFA1)10 P.4?K CONS T?uc j/oN 1 W EASEMENT EACH SIDE j ~o~E'PMANrNT 1 1 1 y ALL /~Uf1ioOSE 1 1 Tv E4,Tg5vENT 'St q cR 0. I9 R 108 0. 1 1~~ 5U ~M. 05, col 1 013191A!~ All, 5'IMMS' 1 27,92400 11~ 1~~1 1 Il 1 1 1~ 1 1`1 40' TEM/a0P.4?Y ca,~sr?c~j~av I I EASEMEN j ~f I~ _--}-NO/'31'40'E C~'11NE/1 ' - N 68 0- 7 W- /CO//V 13cG/i'%' ING 4171417Y Z45EMFALgeo AB 0/9aiS 0 *rIMM6~279 TVar VOL. 9011 P4GE 77/ - jaEEjJ f1EC0?rJS )06WrO1V COU/VIY TEX,4~ E/JCU/.V A. AAEC ~ l1RS. ,44/cusr /9ei LVOL1117 ma 8U3 1 • r Y 11-+ H 1-3 O W /t O to 'T7 H to 1 d rt cli \ O f!1 tT1 V ~ r LUT'1" -e ol .r1 I i ""41 7h, ji Q' } N 1 v M1 o ,iu r N r 1 } R y t S lJ.!t~ .ir r .....`.mot. ..1 .hl.. , r t t-`+.p• ~nnf ~MrifM.~A ~.~r'~~ 4k`~.~M{~ ~ ' PROPOSAL TO a f THE CITY OF DENTON, TEXAS t For the Construction of 1 PEACH STREET DRAINAGE IN DENTON, TEXAS The undersigned, as bidder, declares that the only person or r parties interested in this proposal as principals are those named herein, that this proposal is made without ccllusion with any other person, firm or corporation; that he has carefully r examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has 1 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 to 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 he increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, 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 a 3, r i ~I r 1~n~~c'°'~ rI I r ~1i v i1~,v~+ ~~6 F ti l I -r w, til ^ 1. + ~~i 1 !h ~ ,F qua, rM ~ 1 i ~ t f + h 1.•'4;,4~, 1 _l wG e l o~ :+w4 1 ty1 h 4 1 f A 11 sMrM1 + ~1 ,1. 1~l 3'' S rn ',•i f y4xd i~ w iLf r v ft'.~kuy ~ 'rifYn 3 f , I P~~ i,Tl ~ 1 + h 1 r. I' , i ~ h, ,1 i~ 1 11 H11. e I 1, ~I 1* rt 111i 1•~ '~t f + tf n 11 I~L~,f~~rfilr~~ "hP• +r1r ~ F~~ t" my r Gf 11 i 1 I fd itur M I as t 1~ , f r i S 1 i i i tl r l 111 ~7 + J~ } 1 i + rf F ' v" ti r ~ i i.,l i li }1 r tv t y 1 t+ t tom: ,v vt 't ( Y~>- ~t r a S + t+ v r ~+~^1}. yy " ✓ (r "y 1 ~ ~K _r .k V Y.( 1 1 ! r + j % i r+E~ j'J ~y~~~ n~,~ 3 r~u~;r I r .1 v +i,ri 1/(~'k~ S 4 l ;l „ r 'qi rr AY ~1 ~~zJ"~ ~R!' + P 1 t r~, M p i ~ I4 v j P~ I ~ 9 .t o + ~ .1l ~ i lZt y y ni 1^1~~f~fAP f + 1~ AI{y I•h+v •f11, l + ti vL4 (i !uvI/ ~,j r~ v~r~y All, K /y JY r~4 c x kc r 1 1 y 1~i0.~vllk. r,IRI`~+l'+~17v Yl~"1tM P. '~I~,JIi lw, f '~.;v Ill ~1Gl .11 ik Xv. f' v" b'. b7'h 11 i •~•'~~Y91~ b"d r IIr'•'.ItI Y.♦ t,~r.x ~ F+n, Rug .i~~ 1 i ~ ~il 3G1 i' ~ „1. N 7 t vt--~►vc-naf,y -aaa7o _ - _ ' Accompanying this proposal,is a certified or cashier's check or y Sid Bond, payable to the owner, in the amount of five percent of the total bid. s It is understood that the bid security accompanying this s proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond within fifteen davs 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: .5; ;r 1i. t"~a L?' ti r.' P 2 map oil !•T I^, Le..1~~'jd~,r,~ it 3^ti.f I-'~r~ ~ _ .I' lT I. ~ ~ rGl~ ~ :r r rr ' rY ( J I Sf a ,.r r i 'r 3 J v t t Y r ' t 'YF r r r r Y14 9~~ y ` r L i t .1 r r '.J i ^f v l g { I t r 1 r 7 1 y {Y '.YA'r r iS r~ l 7F., r 0 r 1 F ! 4 ' r ' } t"r'~l Lyl ~ '~~}1T Tt i ~ t ~~~I~~Yyr 'YG A4 1 r1~ ` Y ~541 ~ ~i II i. ~ Y fl 1~ ' ~ i 11/~'°I.1~ .,'!QY ~44~ Yf ' Ir~(•\r ~5~ r~ 7 i.i • 4, rG~ v n ~,y EY liu ~ s I I Y 4 Y.t S I I V 000PPP h, r / r Y t... ~ ~ ( i r p~ 1 S t S ' r il1J w i ~Y ~'Mt 4r~ 1 r St °.r ITS t 1 1 1 r q ,Fi rB a t ' Srl ;3 eit r.T Ll k.~fl ~ j F T ^U F i'l YS ;°r l `S 1' r~ 7 i` T~Y~'N,~ ~ ~ } t4 ~ ' 4 r r t'. d ; '1 ~ ,r T' ~ v . NI rr' g- SY a ~ ✓ t ~i i. I}" S~ .r fy tT ! r~C I 1 i a I R d i ~ , r. j5''{'~q~~ ti Yy ',n r', P. '~"?r n41l S^111 " ',t. r `a~ r 1 1 1 M1 ~'1 S :w Yt M,; 'FI "I. Y r r C t } f Sf t y!! Ii 1 I } 4 i J i 7 r7 f ' t r i f'r. M1yryf L{EM1 ~ J Y ~ 11 Y ~ r ~ r T Lr n+ d. ~ 7r~ ~a. JI ~ s r ' 4T i r i~ ri 4 ^ M^ l f yy 11 fF It ilY~~~^ I ter, 1 I ~,T 'r Fr ?~~ti~Jy r~,~ liar rvp r , lr~ ^ TY` •~'1pS r Y1~1li t kL•.~ ~ ~ Y ~ i' ~ tl! v # ~a~! v J ! Yv~~c'1 rS'4Tt !ty "SY I ~~tY ~J tr ; "4 r ~ T'. • r h ~F T:.~ I~t S~f ~~Y t 1,'~. ~j ~ 4r1 T~{~~f y..~f f~~Y ' 4.p r ~ ~ x5 :i.' i • ~ ~ t ~ ,~/~T } ~1''6 rA 1. ~L' r ~ ~ S.~s r+.I ! Si,7 Sl. 1 ~~4 y: ti Jr T J! V,h , r ",nr t Mr ~'r~ . I i w, e i 1 'r4 Ifl Id ~~I// I ,;.i~~, f r R~.. ~~71 ^ Y F JI !t t li Y 3 r%3 21r.r1' °i Iti1 t Ir •~J Y`~ lir y 1'l1 Tf ~ ~ Y 4 4i 1 'T ~ '.~t ~;1 y •i Y i4' V r4T 3 i~ r ~l4 d 1'lY 11~J~~ •J1 TPP a ( .J ~ A 1t r pi} 1~ ~ ~ d J t', t "l #J+~'~i~1~.,,y1g1~ 3 ~•~Y`atit~~Y }~IY',^r~i t ~r dlLYrr 14i ~irf.~~,r. ~~3' I d~Si~} '3'~iT ~,,*J7. y~4al 1 da~i^t~` TxTrt~ ? ~F 1~'t 7F~,: Y ~t ~ya'7j7~~~•~r~t<iG `~,~,~~[~r,}1y~y~@r,~,,,,'•1'FiAMV.~gB,y'arr ar "S~~P~' rP~ l~•~11 ^j} tgt't 1~',F~~ 1 ~yt~Y~,,.f J PEACH STREET DRAINAGE r; PROPOSAL i Item Description Unit Price uantit Extertion r { 104-A Remove Curb and Cutter $ 3.00 _/L.F. 107 L.F. $ 321.00 104-B Remove Side- walks F, Drives 9.00 /Sv 40 S.Y. $ 360.00 340 Type D Asphalt Patch -85.00 /TON 15 Tons $ 1275.00 d 46S-A 1S" RCP $ 36,64 /L.F, 127 L.F. $ 4653.28 465-B 1811 RCP $ 32.57 /L.F. 175 L.F. $ 5699.75 9 465-C 21" RCP $ 31.91_/L.F. 147 L.F. $ 4690.77_- 465-D 24" RCP $ 32,15 /L.F. 311 L.F. $ 9998,65 470-A 8' Curb Inlets $ 1400.00/Ea. S Ea, $ 470-B Junction Box S.709_.o0 /Ea. 1 Ea. s ` 471 inlet Frame and Cover S 75 llill_ .00 /Ea. 5 Ea f 522 Concrete Curb and Gutter L. F. 30 L.F. s_3.4MO 524-A 4" Concrete E Sidewalk $ 11 00 /S.Y. 67 S.Y. S 16oa•0°~ I`,y 524-B 6" Concrete r Driveway f 11.0U _/S. Y. 15 Sly. f_Si1.Ofl I S.P.-1 SawCUt $ 1QrQf~ L. F. 20 L.F. s2!'aLM p Total Contract Amount $ ~j;Qg4,LS 7 3 ' 'i.S.L. + ~ 1 r N 1 4 r 4+, r 'j r• r i I ~ 1 r ~ ~ ~ I M Rtpw~p„a y e~~, 1. ijlt~( vr~',°rr m G t~~ ~Ali ' 'Nil ' e . + ' ! 1~ + r~: I i 9 . . 1 11 ~ rl 1 Y t r~ 'r ~ i '{y ><11 i1 °Yrv~~Ir ~4'"A~ i.. 4 f~l rr C. r r el,a r }r ! ' , 1v. ° +r'+f~ . q In ql . l U . r ' k 1t 1 i i v ~ C + , ~ f~, 4, t 1 1 P I J 1 t 1 i I P na f 41 kV'y i +S 9 ~ v' t r -'y~ 1 +t'~ r f ! 1 '.rt -I~ N~. J~~ ~ $ IJ OM.~ 4~ I 1 ! I 4C I 1 r 9 S t '2 ..r , 1 ad~e~r, I~a l 1i 4l F1.' 71 r r , ~ f 1 1' ~1 Ir ~ ~ .i 5•.J 6~1, ~ f}~ f 7 i , a if r ( ~ y ~ 1~ rP r" a 1 e i :'t~ f+! Wf TI II ♦>,rJ 1(, r i SN + it r'. "r n2 ri t r y. ~ r pn 1 , ~ r h r. c 1~ 1 b i ,k~vt146 A 1, P 5` rll 11/ 1 1 y~'t~ { ,7 y ~ 4 f1M ~ ~ 55 I + ~i n ~:*7r~1 {tv ~d~Ly uK S' i 1'l: al}+ P 1~y1 r~: 3i~ it°~ ~f . V ~~J1d 1 It f{ ^,~+,~;~rEa wf fy 15 r!`:,l i~ Ii~~ a'. ,'a + I l i Iv .Sy~ i. r gti ~ +,~f,6E~44~.1~+5~'.AIIi. in ta'{I ~~x, ~r `~~.1~ Ialt '~~i)1M Ir ~hi~.'~~71~1'~f 7a rM. ~sf 1 e^'d h. a., . «I I'f L r ~ 4 ^i 11 fit UN I J i y~ , Y A TOTAL BID PRICE IN WORDS Thirty seven thousand six hundred ninety $ four dollars and forty five cents In the event of the award of a contract to the undersigned, the ; undersigned will furnish a performance hond and a payment bond for the full amount of the contract, to secure proper compliance ;iith the terms and prcv:sion5 of e cc,r.tract, to insure and guarantee the work until final complotion 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 prosed done l be accepted, when fully completed and finishedoineaccordancelwith the plans and specifications, to the satisfaction of the Engineer, The undersigned certifies ghat 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, ,s Craig Olden, Inc. zr3 CONTRACTOR B Y Craig Olden A Arsident `y Rt. I ox 172 `''+``f Street A ress Frisco Texa --Z J914 City an state Seal & Authorization (If a Cnrporation) f214) 192-1759 It Teaep one f~ P-4 4, r. .71 h ♦1A:a~"b~1~~~"l+t 4riy~'i°' r,~eY tj 6j 45 .'4 'T, eq: i .tr'., A .'it.~, k.i~;., r '.'7. r,+t. C.. `.1 .J `~~'+,~yM"~~~E^~i .Xr~1F Y 'W i x A 11, R , 1 7 r~y d~ i.,'C 1 } ~ ~ ~ ~ a. i S ~ ~ t ! i r t , ~ ~ ~ ~ q , t t , h C.. A i : 1 r r 1 A 4 K r 1 a ~k'r; 1 A Y t 2~: Y ♦ t IY?~ 1~~ t 1 r.2 l r_ ' o r w r^~ i A r ri~ e. r7 ~rA'Y~'I ~ r A • r r 'r ? l i ~4 * li ~ 1J' r 1 n`. {y, r' ~ l It '1 ~i~rl" 0.I ~dA r~•~ i Y i~ti r A i• rona ~iA d d~f .yi ~+q~f~ Y~1 t i4N v1 d t M C J ~ to ;tom \ 1 t r t"~w .n' 'sib >r A, A a r ~r4' ( 1 exi r t i 'w r ~K' S ? yl Y y r 1, A y„,4 .~?4b~~ro J .Jv i r, ~h Pd i~ r1 r. ~ ) ~ l A r sc r/ 1'~'~A JT 'F;r ~lN H t'; ',y yti~ re'd' °ZA'`.t~ i STATE OF TEXAS COUNTY OF Benton i THIS AGREEMENT, made and entered into this _2 nd _ day of Decz~aber , A.D., 19 81 by and between tile City of Denton _ of the County nF C-nton and the State of Texas, acting through John J. Marshall. C.P.M. Purchasing Agent thereunto duly authorized so to do, Party of the First Part, herein after termed OWNER, and Craig Olden, dha Craig Olden Inc Rt. 1, Box 172 Phone 214-292-1759 Frisco, TX 75034 of the City of Frisco County of Collin l and State of Texas , Party of the Second Part, herein- after termed CONTRACTOR. )'4 r,.. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the } conditions expressed in bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and I s?;. complete the construction of the certain improvements described as follows: BID NUMBER 8455 Peach Street Drainage Improvements located in the City of Denton and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and k 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 f A,. services necessary to complete the said construction, in accordance with the conditions and prices stated in the j; Proposal attached hereto, and In accordance with SF - 1 r r [+r k~ ^V t Yet p d i1 ~ ~t r 's 7 ,k 1 r I V' h gg ~ rI ~'T r I L R r7 ,s ~A6 J tr ` ~ . •---~~~Y1C"4S311t~""'~11Q~'~?ertcr'~~vtawam.~+..r.~~v~..~....~,. ' explanatory matter thereof, and the specifications and ad en a therefore, as prepared by' City of Denton, Engineering Department 3 herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the a CONTRACTOR'S written proposal, the General Conditions of the Agreement, and the Performance and Payment and Maintenance Bonds hereto attached; all of which are madQ a part hcrzcf and collecciveiy evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within fifteen (15) days after the date written notice to do so shall y have been given to him, and to substantially complete the same within thirty (30) 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 'oHEREOF, the parties to these presents have executed ' this Agreement in the year and day first above written, 6} q`y City of Denton Crai Olden Inc. Party o the First Part Party o the Second Part s. st' (0 ER) (CONTRACTOR) BY(1 John rs ail, C.P.M'./P~urchasing Agent Craig 01de Presidept At „tes`f: Attest: y` y;~3ar kk~ txj~1~ f Y~41 4„+ r ~ FV SF 2 r, r: i a 7~11`~': .,r`: F`L.i,4 _ ~nl R4'~ 144 ~Y w i '~2~.. r 1 ( ~ kk 4: - ~ i ~ i i k i ai + ~ d I . ~ i ~ F ,In ~~,,.y}1 ,~~<l~ Jr r,til~r ~,S , ~ , r ,l ~r t r 4 ~ t~'r1 li r'1 li• r i1 ;r :IY.' uiV r A y~~ t mi ipS + 'E ~.C a 1 rV < V y+, ,~fi < 1a ~W! 1 V ~51~~ r~ v~~~l # ~ }"It ,a; 1 1 ~Y f? a^, X41 v y •"t r~ t yLA 4 ay h f~ •b. f ' ~f 73V 1 r,~ ~ + w 1 ~.r a~ 7 li, t F} ~ ~ 9 e ~ . 4 '...f ~ T~,7 ~t ll V~ll t.i a i i S.i L' <j L V fi > i 1 t i~ i~.. ~ y'• ~ w 'r r 1' tr ~a ~ Si: 1 Y} ^ ~ ~ ~ ' `1a 1 1 a 1. 1 r }I L ~ 1 SJ 4 L li tj ~k1, 1 ♦ 1 ~ ~ r l ~N'I 6 .0 ' ~,1 1 i ~ .A J~4Y a "~1V'<'H k,al ~p!~° 1 ♦1 1 ~`~l ~ ` r 1 l ' 1, i l 1 ~ . ~ Y !a p r`"S .fit, ; of e r t , I J t l~ L} pilIF e 1~~1, ~~a~.Y yk 4t IY1~{~' it 5 iM 1 I '-'°"~'~'^•-•+-~+w~.w.......~w~.w~..rrwr•~•«..an~~w+w~c►.avnie+a^'YL)2ililMffMVYra.rvh wrrrw STATE OF TEXAS COUNTY OF Denton 1 t KNOW ALL MEN BY THESE PRESENTS: That CRAIG OLDEN, INC. of the Citv of Frisco County of Collin and State of Texas as •:5 principal, and COMMERCIAL UNION INSURANWE COMPANY y.: authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound E.T unto City of-Unton . Texas in the penal sum s Of thirty seven thousand six hundred ninety four and 45/100 , Dollars 37,694.45 ) for the payment whereof, the said Principal :Y and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by I4,~ y+ these presents: arc ~ t v r'. 1dHEREAS, the Principal has entered into a certain written t`'? contract with the City of Denton, dated the 2nd day of December , 19 81 , R. F for Peach Street Drainage Improvements - itili Numher 8955 ' To which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herei.l, I ,.x < PB l e •d ~~"Y~:yw 1 'a )Rj ••.(~'i') s.': 1 I 1 i la i 1 e.. ~ ,~~i ',,ry' 1'4f .71 'h~ ii yi^ I~. 6R~~ r h 1 II~R r~'•.j I Si , a y rti ~:II R~ .rz} Rjit1 ~n~ F h k p~ ~ ~a ~ t 1 ~1 ~ ~ t ~ ~ M r' r ~ J f rlT e n r ~ ~ ' ~ s e I 1 1 ~ ~ F ~ ~ ~'1" d I . ~f F i .wi/ i F 5 ~R•' r i' f ~u J~ i~ I ~ Y.+ i.~ ! Ii ♦ t ~ t~' - S w ~T~ f•N r x'V rti f r b) ~ r ''hi" f t- l ~ v i I~. Rkl rr)~~ F I 1} 1 I`~e~1 ° r,h,rv 1 t 1', 1 t A N 2 ~51~'~ 1 ~~k1 ~i { 1 k? rq w 't ~+~11' f~'.. J AC Y Fi 14 F F 11.. rya r„i: 1 1 , l t1 J+Y ~ 1 w " N a tits + ; y'( Ali , ; i r R s 4 f~ a ""411t~2 t~1yr,~ ~~~~ti•'q k a.F Irk a Ir a.d 1 V ti~~k F~s~ :v r a t ,1D ,.'Jr ( +t9 1' g1 X~ vj 1 a 'Ay t W' iv r r i r J' y ` ~t r 1 t" ~S ~Y 1 a F!t f ~2 L e J ~ w tK , i < M ( ~ r R R p 1 FF ar 5~+1 a r t y ~ l v I C I J ~ 1 r ~ 1~=" '~I I ~i lly'> s "rrl~ r {,S `4 r, f Va 4K i 1 1 ,r ~ ,,v I~ . i { . rr R F p'''(((( n n ' ~ a I ~ y LI ! I : i _I ~ a :m . 1 1~ M• f „ ,r ° i.. 1 fL 01 W y ~~.y1 Y:. , Y 111 1 ,1 ~i t :1 1 I i R 4 f I 1A . I •ty ~ 1~~'M~~~r JI ~ I dl ~ iv < 1 y* ~ E i`r is ~ ~ 1 'R r, t ~ I i ~ t G= 5 r , S r r r r. 4$ ~a1'~~ pfd•i '~i.,,A 7~.~ ~Cr •f 4 ~za , • c , .w'r t x Contract and shall in all respects duly, and faith ully obserde 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 .•ull 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 accor0arce with the 'provisions of said Article to the same extent as if it were copied at lenqth 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 accompanyinq 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, I1 IN WITNESS 14HEREOF, the said Princip6l and Surety have signed and sealed this instrument this 14th day) of December 19 61 CRAIG OLDEN, INC. CO Li1:RCIAT. UNION INSURANCE COMPANY 1~ 01 PRINCIPAL SUR TY By -F,__t By Title .I;C _ TitlOrvil 11. Coborn, Jr. / Address: Rt. 1, Box 172 Address: Suite 700 Frisco, Texas 75034 Dallas, ?ex, 75225 -ts 1.'•0 The name and address of the Resident Agent of Surety is: f ~4y Orvil B. Coborn, Jr. 8300 Douglas, Suite 700 Dallas, Texas - PB - 2 ELLIS CROTTY PGWERS 6 CO., INC. 8300 Douglas, Suite 700 Dallas, Texas 75225 E , 7'M < i Otis Yrr .~(,u r Y.. i~:a en+ 3.~ [ k•. l I, ~ 4 ~ , rcl % k,, ~ r ti § f. 1 v lt, .fi l c lr ( t r~~f ~I~r,{11~ti r` Iti„p it~~i'~,~4u'f~ Pr•Sv ,v~~i[ydw r ~ ~ „5. j, _ ~ wp r°r i i~~'~ 6 r ~n.'~~ 1( '~'t[S~ ° ~ t lv r, 7f4T w~ r ° h t 4 t e r{V'~ r,~uN, ~ ryyi y,n f Y,r ~`o i ~ r ~'4 n 4 - 1 f 1 - ~ ~ttiv I pt ~S f M r r ' F ~ l~ _ ~ k I ' , A > r t ~ t ry a ~ ~C ♦i t,,, 5Y kJ~ e v t fl r ,'t..• S r v l '1 1 a r i, try. t F 0. ri f rY i 4 ..1 Si .'F ' ~1 1 { r r ` ~4j~ IJ Ij~}r}~ p' ~ t a w /.a r r r . ~ +'1 r ! i (t r ~ r w~ 7 'rr13 r,,f f~~ (pp'~R ~r ~L"_~Ci ~t t'; rA rl~t ti ! ~r r 7 f '~I~ i i r q .fir 1 t t J r-y< .FQ~~ '1~1 A+F'~;'~ A~ ivf, `w 11 n r>rl i v 4r v ( ~1 l14 11}v ± f1i t r f~rr 'qty ,~~k: nr,1 J I { ~R Vi N ii 'is ( ° r 11 i. v c A~ 1 ° r ♦ e~ ty~ 7~.' t ~~y. S'r'tl Y 17f 'i`.{ ir ~ ~r t ~ b M(1'ro ~ titk. ~ : nr, 7 .'Y~ 4 • ) 7 4 ,r. t ~r t ! , 1 '1t • ~ i}' ~zl t ~1 j\, ,J$ a e 4 ie ~ 4 0 r • ~i ~ Ai ~,`n ?4,v+~. GY .t~R~#t'S.t7r'F ui .,i~ d~T'-r~~4 A~{+~~IX''.~.h+Y. v> (..'~fJ~~,A ~tAai ,i•~.x1 ~~'~t.4:kMk ~?~+fiYi'i~(~'? i , M ° n i cif `.fie f' ~ I r STATE OF TEXAS COUNTY OF Denton KNOW ALL MEN BY THESE PRESENTS: That CRAIG OLDEN, INC. of the City of Frisco . r County of Collin , and the State of Texas as Principal, and COMMERCIAI, UNION INSURANCE COMPANY authorized under the laws of the State of Texas to act as t Surety on bonds for principals, are held and firmly bound unto the City of Denton, Texas, in the penal sum of thirty seven thousand six hundred ninety four & 45/100 dallsrs for the pavment whereof, the said Principal and Surety bind themselves and their heirs, administrators executors, successors and assigns, jointly and Y severally, by these presents: 'aY4 WHEREAS, the Principal has entered into a certain written ~F era,, contract with the City of Denton, dated the 2nd day v~ Y of December 19, 81 , `r:1a for Peach Street Drainage Improvements - Bid number 8955 r, l to which contract is hereby referred to and made a part hereof R as fully and to the same extent as if copied at length herein. e' NOW, THE"FORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, t'an this obligation shall be void, otherwise to remain in full fe.ce and effect; ' wlY Fr Ps - 3 Y Y(i9 f ~t r(~ ~r 1 , a S 17', ~ Ii ° S t+ F.. ,r'1' F •d e t 1 ,a i I { . Etl ^ a ~~j d ~ " i r 10 1 v+ 1 r ~ r r y ~ ;C 5 r ..r• e { I .r + 'k Sk s ~F41 Y - I d. r d~ a r m i a 4 r' ~P : i~ I , V S c ~ I,r ti,+ t#'I 1 r 4 j r Ld } t V% d . t tM t I T✓ I i} A1tiPu , ~'ri c^rt iS }1u~ c.. he prov s o -Texas as amended by the acts of the 56th Legislature, Reqular Session, 1959, and all liab'1'ities 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 dad 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 anywisf~ affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terns of the contract, or to the work +o be performed there!n3r7, IN WITNESS IVEREOF, the said Principal and Surety have signed and sealed this instrument this 14th day of December le 81 CRAIG OLDEN, INC. COMMERCIAL UNION INSURA CE COMPANY F PRINCIPAL S TY L~ 1 1 C 13Y d- Title « ~1 a < j Ti tliPrvil B. Coborn, Jr. orney-in- ac 'a Address:Rt. 1, Box 172 Address: 8300 Douglas Suite 700 • ~ rr $ 4r ,i Frisco, Texas 75034 Dallas, Texas 75225 The name and address of the Resident Agent of Surety is: Orvil B. Coborn, Jr. 8300 Douglas, Suite 700 T R, y PB - 4 ELLIS CROTTY POWERS 5 CO. o INC. ~l 8300 Douglas, suite 700 Dallas, Texas 75225 t ,r t: y i. . dt ♦r P, 1A ~j.e ~~~f'1I { ~f• , fir S ~ V r' r, } r a 1, 1•.' nit JdS~f"$ x ~ I L1 lrir' , f ~N t f ~1 i d 5 , 4 4~, a.,5 aria •l ' r ' i• "J r r.' r , r ] . 5 aaq;r U 4 a, 1 • r ~ ~ ~ 'R : vl a P p~: .r t r Yr.r : r I r! 7r IY . r'~'> t~ M : ,,~u ' y A!1 r~4 _!f lrr '°r .YSrr 1,~ ~i~l'~~"9ts~.~l. `;',~i' ,L r ~?i ].,ti], k. ] " ' ttia r T r ~.i , , : tlt~:J i.. M ;ti ~ '•.4 {ty`j , a S9illiam C. Kiirtrpaan, SQillard Crott,, Frank Raker, G. E. Easley and Urvi.l B. Coborn, 7r.'r all of Dallas, Texts ' and rich of them its true and Lwt ul Aitoi ncy-in 1 aer, to nialr, rack itlr, .eel and Jehser I.ar and rn its behalf as surety any and all Lon& or undertakings and the esrcuhon of such hoed, or und:nulmy, in ranua n,e of ihnr pi nr fits, hall he hinJiog ur:m said Cwmpa sty as fully and amply, to all intents and purro,r,. at it su;h bond, ue,e upnrd l the Its nidc fit, sewed with the u,a r"ratr xal,~l thr t anirr:t, and dull &I sled Ay its Secretary, hereby ratifying and eonlirnone all the ar is o (,aid:\n of n~s,nIA,t Pi r%ijr ill lo the rawer hr,r, n y.s a it lien l'~iwn of Anrmry it madeand ra, c eat ed pursuant toand by authority of tFe toilowic~rc,olunon,adop+rd M t he Iloa i If .1 l iii er tats of the( still sill H( I.AI 1 %10%1\\+ KAV I COMPANYat a meetingdu!y called and held on the twenty ac%rnlh day of )ull, 147, Rc,ol,ed 7 hat the Vie•.ideni, or any \ I. c Pic, : rnt, or art Asvstan+ 1 icr I'irs Irnt, nets rise; use for and in behalf of the company any and all bands ic, oyn,ran:rs, coouacts of indci)n,n, and Il , tCrr %w,rys i b:~y,ati.•y in the rai„re therrof. fit tame to be attested uhen nccosary and t the teal or t'ie comparis ulhtrd thereto b% the Sntctai!, or ins Au,trari tie, ~rufy, and trial the i'trsiJent. or any Vice President, or Assistant sirs:,.Pic,idrnr, may appoint astir authon:r an \n,vre, In la,t iorv,~,r, nrirhalt 0 the c-mrans ant andollsuth instruments and to affix the teal of the company therelo, and Ihat the tire%Jcnl, it an, 1, ,c Pie,i der, or aa! A,vtrrm tree Preudrur, nay at any time reri any such Allot::,) inIasao-1It'o1eatl,nw•.raid•a'.h,.1,yg.,,nto anyiu,hArt. rnrs,ntr,i Resolsed That Anorneysin-Illway brgisrnlu'Ipawrranda th;ri+yiotitrcwcforanJin the name arsJan behalf of•hecompany any and all bondi,recognuan:n,coma;ttof ,ndcmnity.andal, oihrirwrilirg,,,9:,tarory inthenaturrthrreof, anJany such inarumentexecuted by any such Atiorncy-in Vast shall be as bmd,ng upon the c(,n:rans at if waned by Ih.e I'us,feri and sealed anJ arlestrd by the Secretary, and further, AaorneysimFaaarehrrrbyat.IhunrrJtoscr,lyan)ahJnnrrga JtoIse Air siledlobonds,iecogniLances.eontractsof indemnity,and all other uritinil obii fetary to the nature (hereof, and air a'.sr authonred and rmpoweted ro cernty too carry of any of the by-laws of the company at well as anv resolut'on of the Directors haun$ to do with the r,•cunon of honds, reLvil ancec, cortfaas (1 sndemmtr and all other writings obligatory - in the nature i1i ie, and to cert,fy copies of the I'owrr of Aeorry or with regard to the powers of any of the officers of the company or of Attorncss-in-Faa This power of attarres is signed and sealed by facsimile under the authonry rf the (olk~uirg Resoh:uon adapted by the Directors of she COSS..411RCIAL Ill ISSL'RAM-F COMP.A]1 at a mevirIl uiy called and held on the twrnry sesrnrh day oUuly, I'll 'Resolsed- That the signature of the Prr.idcrr. ov any Care Prrudrnl, rr any Asatrarr s icrPret,dem. and the sgnarure of the Secretary or any Assi,tant Secreury and the Company Seal may trill h, rrcnn•.:le to an. rrwrr of attorney ne loan) eert,fieate relating thereto appoinrinaa # Attotrest•in-Factforpurposesonly ofrs,cuurgandatevollArt her.l urdrvtatu g rrn•rmraneerruthrrwn[:eneblijraroninthematurethereof. and anysuch signature and teal%heir $I) use J, be i n F hn,by adr;ttdhy the comps ns asthe nr~g~nalsynai ears of such of Lcer a nd the original seat of • the company, to be said and b,nding upon the company %jilt the ujr to:ce anJ rf 4st as thos:gh rraruliy afCsed' - y IN WITNESS WHEREOF, the ('O ME RCI,ALL'N10%i\SIRA\CFC0%II`A%VhatcauwllhrsepreunntabetIgnedbyinVice•Prrsidentall corporate seal io be hereto affixed, duly attested by its Srcrtary en thn 3rd day Of September 19 81 a' tsrt d"t COMSIFRC[AL UNION INSI'RANCE COMPANY ra ' Attest. y _ arymoad i., ~ef"W) - ry John SI Gar'rn - si'„'e-Prrudem L, CO.SIMONt1'f%lTll OF RfASSACIfLSIITS COLATI OF SLFFOLK SS I On this 3rd day of Serter't'.er 19 FiI brh.,r me el ,a^ri John St Garrru, 11;e-' ietidcrn, and Ray mnnJ M. Ill Srcrvits or the COV Stf Kil I. \lry\ 1%,o R 1\( I ( wtj, S\F to n) l l sr.w n to br Or Ind s,:'»nls and elficen ' desenbrd in one who executed the piectJmp in,iru merit, and tbry ac kin w!cd+rJ ihr rtri ,i,. n o! ihr a,,r. anJ k,rr by rte J.) twos n, eieratty anJ rich for himxlf depmeth and wyerh. that they are the said,dhcrri of the Conpa n, jf,,vc,aiJ, and thrt th.r .cal arr. srd t., ihr pen fir irsn c,nr rt n the eoerorve seal of said Coml any a nd shut the sa ideoil le seal erd l heir signature us%I'.holl t, were J<ty all,sed a-:J t„hart rJ I:, the u,J-ewi_m ni ht the auwhoriq and direction of the said Company. t+~M dry-, 1 / s sit fi!~ f as C la ull tf1} ~~ire~ `,s / Ji„v It (Lean. Jr \.gary r.Y. a•er ftfi n, n i:,m♦,p,rr, fei`,:ari 11. last s y Cl Rlit ill s k t, the under,IjnrJ, Assisufit Set It lay of the COV IiII RCM 1 \Ict\ I\hl R is%CI t Ii P 1\! a 6.1A .i.hur•n, 1 it or. do 1•rrrIll crndy that the forrgointr power of.rttorne% is in t ill force a nJ hat not been ic,ol,d arJ r.~ rthernt.e. Ihat, r, lift, '1u1 v tt rt'.eN.vrJ,l Darn,"t set f,nth In lye power of Jttorrl\ are now in loike Sial and stated at the City of Ill [yaieJ lhis 14th dal rf vecerit a 14 61 ~1 . ,.a•.i Cr. rr'r. r a/Sr rr _I 1 " ItY vt ~a ~1 ,T , Sy~ •.L 4 {,r Tr r r j , r i 1 \ „ t J tfirv3tt (~,~t11i af4 +,r~ A,•~b r,, y y y 1 iM1 i ..1 a 'A },p U~ Sid. +y~ ~f pi a it is r .~{s i 'r, t•d s " :!1 f}5a 1~y`Yk"v y~, C M4~.`r t^ vA r r, , r i ~r~2 .'v tkk 1 + ai~J Si, 1i~ a(i t v vf' i hv~' 7. 1 0, Chl'h ri~,~•'f~'rt I ~li~ t~(rt + ~J ,~F~r., •'''r lnf. fj~ti r i -1 i i,~jiu i~/Ar I r „°"x al I r 1' Q s J % i err stf 1 rF $t,, r°, ,w f~~ { ! ' 1 t ~t ' ,att~ r 1, r %L. r ` d `l u t ali r i "t`i. •~rl y'tJ i y t t r~ fir a t, If, 'tr pw • ~I~qa "5~11(,d' , Wo'i +1 t t,',y r>; t ( y i i o,r r , i~~~ 1 1 +1. A~ I• a~ r e pr. , ♦ r d A •ni. ,T~ r, , t fY :•,y' ~'t CGi , 2, y K 1 ~ ~ t i A v r r ~ ..t sa t'ro-,'! !7! } .~z }f v. a dt.Wi vt' y k s ,r t41 , f la rill r~~vl f' vt~ t i l.' T~4{I " rtaf ~_t4'1 Ifsr ~l,~ is Y'y t' ii~l,' t is lv Iti~ .f:~r , Y • i • i tit ,I `i ? q t. } t,..V'}. ~N.a ,'+A .yt!".f xi, yAy -rr •,Vr1"r1,!, ,+py tit i - tt4~~~*~_.A~i .!d.~` S rot six 3 ouglas ve., u e III Ut 1NA OF TEXAS Dallas, TX 75225 ij L1NIT!D STATES FIRE INSURANCE COMPANY CRAIG OLDEN, INC. Rt. 1, Box 172 Frisco, TX 75034 '.off ~ I ~flt•?,til, Irli ,'.y •rtr;l n~,1'/I I 1110CENE UA BILIIY A rx GLP GO 26 29 30 6 10131182 ' 500, ' xxx X 1 100, s 300, r r I'LL f 500, -X-.Br oad Form CGL BILE LIABILITY r 1 - 300, A rX~ I•,I,:,.,,., .I CAL 45 52 90 10131182 1a 500, 1 I" r`A VII I _ r EXCESS LIABILITY k B 523 158121 ' 10/31/82 s 1,000; ,1,000, El i WORKERS' COMGE NSA110NI A arln C1 80 50 84 5 10/31/82 1001 EMPLOYERS' LIABILITY 1 OTHER 4 I Of SCRIPT pfl Of U~t RA ND^h 1 r{ A7 "A tF ~I (l f As respects: Peach St. Drainage Inprovements Bid No, 055 f r l f Ir f 1 e ll 1 t It 1 I i f ITI~ r ,t r 1 r Cancellation: Sahnout ary of 11 nl 11 Nn 1,4L c ,1 urf~ I P any will e n ~ Rwo r to r, I 1 r r I- L I, 1, t l r l +~x 1~ mad such notice Sh 311iml,l0,r r~00.~~11; rtlr.Il or ii;,to f.Y nr'1 4.1 fl pfly •y?~ v Nn-ArANIIVtN , ,drArf • rl+ 12114/81 ~JOHN J. MARSHALL CPH, Purchasing Agent ELLIS 6TTY POIVER CO., 79 F6. City of Denton, Texas Denton, Texas BY: i ,yr "l>•.+awri "y ;S~A~y~3~~+.,',.^;; "LkrviT~+"• t"~:p~'ro~-:}~',;~yri~t".'~~_ l~ ,'V~} 7• Fr. ~f t. ° .I 1 L W Y, q ~'~ft,W~r ~ t+', T~1° S t 4 r ~ I ~ t 1 t t,i ~ 1 t r F + ' ~ • ~ ~ ~ r .'Tf B. J f f t ~ i n t A ~r~"H f t i t l r I h w y r x I i a i R .i r 1T t~~Irv~ ~ ~"i+'~~~t~~'V{ } ,1~c t' A L rf } ~~\tt f ~ • G t~., {~~'TitY {f fA .i,L ;i~ [ t tf ~u t+iLl jE ! I ' ] F t e r.~~ t t • . t + '+f ~ i ~T ~~A ~ i p < t7 r I 1,• 1 i' t Cn r p t y + J.r 1 ,9 !''1 r ,T i n ~ t ^ ,C tit, f r~. n t f ! .b ~,r 1•#~. qtr `,~j~ y, 1 1'rr 'fit r r.;e i i I t A i 7:he5r~ i H :S •6 ~t t .MV f t`~ t' t Awy Srf1f'1 1 Ia f 3 w t~ I ~ f ~ ~ I ti f ~ t t_ \ 7~1 a t t~, S 7 I I' I 1 n, ,I o~ t rr 7 4 n ,r 1 I 'I • A • r ? ~ 3,'~yrx !S`$ v f~t~r. •ye ff ~r4 111., } ! f j 1 t ~ ~ t < ~ z A 64 f~ 6t~ ~ '~T11r tiff r' f e 4I It f✓.' t ° RI L y t f t 4 • (~y"/ i rL' w • t ,t• r A I .rt 40 i i r~ y: { i~ + ~1 t A~rA IIA~''. '~I ft.'.ta • tf ? II ,A. ' ~f„ I IL, .f tnf 1{i!n I~1 t t • G f .I l 1nnt G ~ 1~• ,1 i •t ' ♦♦n~ '~~~i~,~}} ~'r. t+l i A , ~ y t r j, r 4" t ~ k t f'.,} I t " k r 3 n', r n. d Ali{'~~ 3 iL~ a y~?' n a'T~ f l f'kt; 1 kal l v i A ,,t5~~ L1 .'9I't 1 C6r ro,'} 2,~rt If rs f7 i ri 1 ^.fi S r.. 4 alA F1 r ,r^+[•'}'1 , r t 1~, pokA& yl i smi 4 "L 1 V r T r~ CA) ;r A 1 ~ THE STATE OF TEXt,., ¢ ',,COUNTY OF DLkv'TON KNOW ALL MEN BY THESE PRESENTS: J)LLU RECORDS THAT I + Dixie Ne11 Klein tor ,11111 to tunsiderati,ln of the sum of one Dollar ($1.00) t.d,0, tti u, in h,Irni 11,11,1 by Ili,, City of Denton, lexas, a 11utniCipal CUrpuraLion of tht-1 ttrunty nt it,olun, `,tote of Texas, the receipt of which is herc-by lLkIlUhlVd rA, and t,:hct lt,utl dr,d vdludble t.onsideration inCluding the bt-nt'fit', tlldt 0;111 h,10' l ,,r 1+'tltr't,, d') hereby GIVL, GRANT Lind EXT[ND t,, rht' '11111 ( it, ii} 1:,Ut~ili, t!'•,1'., IFS Sill,Cl'SSUr'S and as5ic,AS, the riyhL to tun5.h'j t ui r,t,ui.trn t i,tllrtit-s arid perpetually nwintain an All-Puipost, Utlllly Edr',ot tr., a;o,n and Struss kind described aS rOllows: Said Tract heillj in tt,t l.'a. Ua.rihcrty ty, Abstract 157 Denton County, T,-.d;, not Fa,t,r t-.f ,r E„ 1019 1'd "V' 364 ~r1 the Deed kc ur(5 of t Said easement crussiny 11115 (r"l R'f 'i, ',n ~I },of.) tN.l part',, d. herein driignated and described, int 11,A111 y i I a v f 111rnt casrr..ttt 20. feet in width, for construction, r,r rt,tton ,t,u r'u,n ,,f utlII ;e,, dnd d;`purt- enances, and for per',ettidIIy i~,,tlht dtnlh) do All I',rtv~,tr I t)Iity Ease- ment, and (2) an dddlLionul ,r, i &1j,it,rt the Inr'1'•-tr,!nt edsO,ent 40-_ feet in width, to lie u~,1 for• inrt,i ~of,,tru~. ti<,n, PART 1. PERMANENT EASEMkNT %Ilol UNlfP1 IN, UE',CHkklk() AS IOLIQAS: BEGINNING at a point in the South line of the aforementioned tract of land, said point being West 1160.87 feet fro^r the Southeast corner of said tract; THENCE North 43 degrees 58 minutes West a distance of 401.66 feet to a point; THENCE North 25 degrees 30 minutes 30 seconds West a distance of 557.8 feet to a point; THENCE North 36 degrees 27 minutes 30 seconds West a distance of 370.5 feet to a point in the North line of said tract, said point being North 09 Oagrees 48 minutes 50 seconds West a distance of 1916,12 feet from the Northeast cor- ner 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 easonent shall be adjacent and parallel to the permanent easement and shall be _2p_ feet in width on each side of said permanent easement. The Construction Easement to be used for initial ctnstruction only. :vot1116 vnE 927 VCL1116 !Al 928 the City of Denlun, Texas, shall hjve the right and Priv P 1 1 eye to remove Md dispose of, Off the site, tree;, brush, debris, excess exacavated rr'aterial, etc, in the ease it-, ts, that would interfere wit~li access to the construction site and that iiuuld interfere with construction of the said facilities. TO HAVE AND TO HOLD, all sinyuiar, the privileres aforesaid to it, the said City of Ccrcon, Texas, its successors and assigns forever, together with the right Ind ;"rivilere ' ~ ~ u,,y -,,+d all times to enter said pr~~rnises or any hart thereof, for the purpose of constructing, n li t.'d perpetually maintaining said facilities together with necessary appurte- nances inside said perpetual easements and for making connections therewith; all, upon the cart ition 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 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 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 Oenton, Texas, for any other purpose, under this grant. except as herein provided. WITNESS OUR HANDS this /1_00'('day of ~QQ -CPi_, A.O. 1931. A i , • C'7 !i: ~ _ tl ~ r:.. E', ')r ~ c' , 1. i7 fl~? E-~' 2c'A 'ta to no t he C' h ~ ~c Ll X. 1) A. D. ~y THE S-CGu2,'':' 0? 5 CCUnt•1 12S_ c .n ;r -y r tCl ?ZU fGC Sd1C~ r Z t!- a5 10 M.- Lo Ce the ceL-~,Ol the roreg ,oE c;, in:,_rtf. z-nt uo exeCCf to t a $ z. ri Ed r t:i:1C ( n CI G :rat O t t(:G'CE'.1CI e\~tP.Sa9c . : n- 0:' U o T, day MY Corr,:?;,Sypn e Tr'B STl'T:' O i-:(i:J 71 CC''ULI1~I OF 5 Count'i, T~:._';, 0,1 t T, co t 1,771 5ucrt CJ: r:G' ? ::il Ir, CAS'=.., I~..~.... ~,..r rte: _ - voR111S ACE 929 ~e r1 2~ ~I L.L tc~ I-N i Ul tr, •~~i t11 r loe n y r R1 n ' -.A U, 1 V t Z. U N ~Ja R, 0C6 6TTT IOA r ~ TC6 1h,;.: r 1010 TTT tj C~ FJ- k N, rt N. r. - `C m c~ p W rt O rt J M O rt Li tOW 0 -1 \ q fc? ri (1 ~ N ~YK p ti m P4 '!•:S •e Sy~5 A cZ 6 ~ 9 ~ ~a 01•\ .n tf B J tir THI ATE OF TA: S Q CL~,i1TY OF DENTUN KNOW ALL MEN SY THESE PRESENTS: Q • DEED RECORDS 136042 THAT I•, Lessie Havenhill,_-.. for and in consideration of the sum of one Dollar ($1,00) cash to us in hind paid by the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas, the receipt of which is hereby acknowledgfd, and other cuod and valuable consideration including the benorits that will accrue to our property, du hereby GIVE, GRANT and EXTEND to the said t.ity of Denton, Texas, iLs successo,-s dad assigns, the right to construct or, reconstru_t utilities and perpetually maintain an Ali-Purpose Utilil.y Easement in, upon and across land described as follows: Said Tract heing in the T.W. Daugherty Survey, Abstract 357 Denton County, Texas, aml Recorded in Volume 1049 , Page 365 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 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 ____gOfeet in width, to be used for initial construction. PART 1. PERMANENT EASEMENT WITH CENiERLINE DESCRIBED AS FOLLOWS: BEGINNING at a point in the East line of the aforementioned tract of land, said point being North 00 degrees 33 minutes 45 seconds East a distance of 714.0 feet from the Southeast corner of said tract; THENCE North 78 degrees 02 minutes West a distance of 1014.5 feet to a point; THENCE North 43 degrees 58 minutes West a distance of 236.64 feet to a point in the North line of said tract, said point being West 1160.87 feet from the Northeast corner of said tract. PART 2. CONSTRUCTION CASEMENT In addition to the _20 _ foot permanent easement as described above, an initial construc'ion easement 4Q_ fuut in width is to be furnishes. This easement shall be adjacent 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. vct 1117 PAGE 21 VOL1117 PAGE 22 r The City of Denton, Texas, shall have 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 aid that would interfere with construction of the said facilities. TO HAVE AND TO HOLD, al, singular, the privileges aforesaid to it, the said City of Dorton. Texas, its succetsorr and as.;igns +orrrer, together with the right and privilege, at any and all tiro.; to enter said premises or any p,,rt thereof, for the purpose of constructing, reconstructing i..d perpetually maintaining said facilities together with necessary ppurie- rances inside ;aid perpetual easements and for making connections therewith; 6:; upon the can ition that the City of Denton, Texas, will at all times, e°iar dnina 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 same 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 nranted, 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 L4i day of A.D. 1981. C tfZ THE SPATE OF TEXAS 5 COUNTY OF ~Mc § BEFORE ME, the undersigned authority, in and for said County, Te as, on th's day personally appeared ~known to me to a the person_ whose name qis) (ww} subscribed to the foregoing instrument, and acknowledged' to me that ~4-he executed the same for the purposes and consideration therein` expressed. LIVEN UNDER MY HAND AND SEAL OF OFFICE, This the day of t ' A. D. 19~. V NO Y P BLEC IN AND 5GR . COUNTY, TEXAS f ~4 b!y.-Cd fission expires: ~1 3 ya [TTV" r~ O I ~ D ~ O r) a mgr ~w ~ 1 w e ~~i ~ ~ v ~11~ w y z ~ Ir rr r r. r r .r N00'.:?9'45'E- 7/,40' r O V1 H ~ H O llfj o z ~ ~ Al O ap~p~~ Op 3 $ o 4 n ~f~ ~ ~ ~ r m M C ~ aq t P.4 s► . THE STATE OF TEXAS Q VCL1116 fAcE 932 ' KNOW ALL MEN BY THESE PRLSENIS: CUUNiY Ui DENTON ~ DEED RECORDS TPAT ' for arid in consideration of the sum of one Do IIar ($1.00) cash to us in hand paid by the City of Denton, Texas, a inunicipal corporation of the County of Denton, itate of Texas, the receipt of which is hereby acknowledged, and other good and valuable consideration including the br.nefits that skill accrue to our property, do hereby GIVE, GRANT and EATENu to the said City of Denton, Texas, it, 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. Edmondson Survey, Abstract 400 Denton County, Texas, and Rci.urded in Volume 957 Page 706 in the Deed Records of Denton County, Texas. Said easement crossing this property, comprising two parts, as herein designated an,: described, including (1) a permanent easement 20 feet to width, for construction, or reconstruction of utilities and appurt- enances, and for perpetually irdintaining air All Purpose Utility Ease- rient, and (2) an additional area adjacent to the permanent easement _40 feet in width, to Le used for initial construction. PART 1. PERMANENT EASEMENT WITH CENIERLINE DESCRIBEL' AS FGLi.OWS: BEGINNING at a point in the South line fo the aforementioned tact of land, said point being 1311.0 feet East of the Southwest corner of said tract; THENCE North 06 degrees 50 minutes West a distance of 1243.0 feet to a point in the North line of said tract, said point being in the center of Hickory Creek at a point which bears North 43 degrees 18 minutes 07 seconds East a distance of 1695.87 feet from the said Southwest corner of said tract. PART 2. CONSTRUCTION EASEMENT In addition to the 20 foot pcrew1wnt edsenent as described above, an initial construction Basement' 40 foot in width is to be furnished. This easement shall be ad,ldcezrt and parallei to the permanent easement and shall be 20 feet in width on each side of said permanent edserrent. The Construction Easement to be used for initi.il corn, Ltiun only. Tiie City of pc n, ie.y, ,h411 leave the ri hl an,l I ,+c iJr ege to remove and disnse of, oft the siI trees lorutift, deuris, ?xr,t~;y eracavated n'aterial, etc, 7,It l+'(,, L@,, Lehr. 610,jlA interfere Wltll QC(ess to runs truction site anJ that a~uuid interfere with construction of the said facilities. TD HAVE AND TO IiULD, aiI singular, the privi lrges aforesaid to it, the s;id Ci!y of ton, its s.,cces.ors and assigns forever, trig etr with _Ii, r iyh! .:I, . + , . ; , •rt 'my end all t>>'I s to enter Said ~'+'•:r~ifses or any part therrrot, fcrr° UP )urhnse of constructing, reconstructing .d perpetur,ily r„iintaiIJ H(: said facilities together with necessary appurte- r~ncas inside said perl,etu,yi easements d+i,l for raking conr,- Lions thp re'h'ith; upon the cor . ition that the City of bi nton, Texas, will at all times, :rt~r doing any I;ork fn c,nncction with the construction, recon_truction cr• repair of said facilities restore said premises as nearly as feasiole to the condition in ~,hich same were found heforr, such vork was under'a~.en, including repair of dll fences that might be disturbed or damaged in er- form ing said work, and further upon the condition that in the use of the aforesaid rights and privilegrs herein qranted, the Cit; of Dentor, Toxas, will riot create a nuisance or du any act that will be detrimental to said premises and that said tract r-fill nat he used by ;aid City of Kenton, Texas, for any other purpose, und- his grant, except as herein provide(i. WITNESS OUR HANDS this L01 day of a„ -Ac.- 7 _ voc 111 trc: 933 TiiE 5T1'4':'i: U T :XAS 0 ! von 11~i F,,cE 934 4 , BEFORE t-iE, the undersigned ~juthority, in and for said Count• TeXas, on thi: day personally app?ared nown to ne to be the per k sor? w o _ nave lis) .-a=e} subscribed to the foregoing instrument, and acknowiedge3 to me that executed the sane fo! the he purposes and consideration th_erein expressed. of GtV1P1 HAND AN O SEAL OF OFFICE, This the ~ day A. D. 19et tli.') N F1 PGBLEC Iii A@iD FOR oo COUNTY.- TEXAS b4 D4y Co... I d OL ' r e s: 1 7- "7 THE S:'TiTE OF TEXAS COUriIrx 0: 5 r L7EFO4E the L'~GE'r 1G Z I,hO11tV, in and for County, i>::as, on thi Said s day per-onally appeared known to ne to be the Personiahose nay Fi$~ {are? SL?OSCr1b°rl to the foregoing instrument, and ackno;vi_dcec? to re that he executed t--- Sam:,- for the purposes and consideration ti?c~rein expressed. GIVEN UODc. ; MY FivPiD AND SBAr OF ' J UiI'.CCu, This Lhe da o` A. D. 19 _ y t10T I' PUDLIC I` F •.:iD 1.1 COUNT`j, ' AS My Con.?ission expires: T;JE STATOF 7IZ:{':s C COUNiAz cc 5 BEFORE ME, the under'igi, a C: ,(It 0 t y, Count e: y, ill 3 fa: said Y, L ^;a_,, on coy per onal~' :L' , ed _ ~r~ OFC..C[_!, 2.'"i to t.^.° 1 and GC,. no ;rledg to iii L' taut t Sc. :c L^L Y n..' vL! CCCOC~~?Ci1 ~rJC ~_I:, . e%- ' t and in t::? r o;:' - I. A5 SCALE : 200' it 20' AEPM.41VEN J Q~\~ At L F-)U/2P05f UT/L/TY Fc1Sfti7EN; ,v 06 5o w 124' 0 ~ ?O TFMpO/14.r1 Y ct~,v5 j~~ucT/o/~ ~asn~r E"ACN 5l/'E 0 ) 00 0 006 0 CUM, T, 14L1. I W 39 73 4C, T12140T WS ~W J EAST L/NE Lv.' +I UT/L E,45EMEN?"5 GUM, 7, 944 L, 4 39, 73 4020 VOL. 95775 A4 C,,9 706 -/JEE/D 1?EC02DS EIJW1A1.q slpE'1- , 2 p5'. IJE ~ ✓ j ON C~~UN7 Y~ Tit---X49 51e!0 j'E•-mwv '9`~' ;voE1116 VAGE93 N• o r q w F rt e w F N• 1 o?. G? d (D z QW~ • ~ lv a. 9C6 cTTT}gin .t ~ ~ 3~c ; •a~d CT V V +0 d .i +3 T IE STATE iii (A" Y~ NO', ALL MEN BY THESE PRESENTS: COUNTY OF uE NTOr~ d pcEU kCi;OKD~ o36) THAT"AL, Thomas rain et. ux Clara Etta Cain , 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, u,; 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 m,,intain 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 430 Page 39 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 in width, for construction, o^ reconstruction of utilities a-d appurt- enances, and for perpetually maintaining an All Purpose Utility Ease- rrent, and (2) an additional area adjacent to the permanent easement .2,Qfeet 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 aforementiosied tract of land, said point being 10.0 feet West at right angle to the Southeast fence corner of said tract, said point being in the North line of Pockrus Road; THENCE North, 10.0 feet West of and parallel to the Ez<st fence line o+ said tract a distance of 699.8 feet to a point in the North line of said tract. PART 2. CONSTRUCTION EASEMENT In addition to the 20 font permanent easement as described above, an initial construction easement 0 feet in widtn is to be furnishes. This easement will be adjacent and parallel to the permanent easement and will lie on the West side of said permanent easemenL. Construction easement to be used for n t a construction only, and then said construction easement shall revert back to cantors herein, in fee sinple. M, ~.11.r racl r VCIJR l obE 310 The City of Denton, Texas, shall have 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 wits access to the construction site and that would interfere with construction of the said facilities. PART 3. SEE ATTACHMENT TO HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the said City of Den-con, Texas, its successors and assigns forever, together with the right and privilege, at any and all tim?s to eater said 1 . premises or any part thereof, for the purpose of constructing, reconstructing er+d perpetually maintaining said facilities together with necessary appurte- nances inside said perpetual easements and for making connections therewith; sli 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 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 daindged 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 Dentcla, Texas, for any other purpose, under this grant. except as herein provided. WITNESS OUR HANDS this / 7 day of A.D. 1981. low"" f r • 1 / f PART 3. TERMS AND CO%DITIONS , 1. Grantee hereby agrees that Grantors' driveway shall at all times remain usuable by Grantors and that Grantors shall at all times have acce:.s to their garaoe. 2. Grantee hereby agrees that no construction work shall be performed closer thar1 four (4) feet from Grantorn' permanent dwelling West to fence line on East; South to Page Road and North to property 1'.^e and that any damage to Grantors' permanent dwallinc+ s,nall be ful?.y r?ra1'r-!d by Grantee. 3. Grantee hereby agrees that tin-on completion of. =Il construction wo.r< on Gr3ntor.s' property, that Grantors' driveway shall be bladed and graveled and restored to a condition as good as or better than its condition at present. Such restoration work on the driveway shall be performed to Grantors' satisfaction. 4. Grantee hereby agrees that any cave-in occuring in the easement area of Grantors' land shall be filled in and/or repaired by Grantee upon notice `rain Granters within two (2) working days from the date of notice. f Ain 3A ONE" -THE STATF 0- • = TY o.:~~~ t vo(111 I I'Abrt 312 BE?o?:: tip:, the undersic}nc,d Sao, nority, in an~ Ear ;yid. County, Te:.as, on this dal perScnally 3ppe-ared Thomas Chin _ et Aux Clara Ftta _Cain k~icrfn tv to b'~ the pa r:on_s sr+;;,se na,1.s ) (are' subscriuEci the £oregoing instrument, and acknow adged to ne that they e xecuted the same for the purposes and consideration therein evncessed. ' elf, GIVEN UNDER 2lY HAND AND SEAL OF OFFICE, This tho day RJiA. Y F• LC IN AND F'04 ~ COQNTY, TEVAS, My Commission expires: THE STATE OF TEXAS § COUNTY OF § BEFORE NE, the undersign=,-' authority, in and for said County, Texas, on this dal r csonally appeared to me to be the person ti•,hose name t (is) {~~rei sub;;cribec, to the foregoing instrument, and acknowledged to me that he executed the same for t'h: purposes and consideration therein expressed. GIVEN UNDER MY HAZID AND SEAL OF OFF ICE, This the day of A. 1). 19 NOTARY PUCLIC ITT AND rOR COUiIT'_✓, TEXAS My Commiszion expires: THE STATE OF TEXAS § CCUc+T'S 0'" 5 BEFORS' ME, the undersigned authority, in and foc sa; d County, Texas, on this dal personally appeared known to me to be-tne person and officer tahase name is subscr.ioed to the foregoing ir:;t:u;sent, anO ar. ;nowledged to me that the Same Was tha act o!: t:i' Eaij, COCpOration, and tYli3~~^hE'_~-f.'::'v'C:li ?t~ t:~1~ S3,ilE.• d'3 ~i:E'. ~1C~ Oi such Corporation foe the purpos°s ~!nd consiOE!ra?f:ion th2.-c:in exar-:ssed, and in the capacity therein stated. GIIrEN WIDER LRY HAND AItD SF .A(, OF CFF:IC Th the a ~Aa I of , A.D. 19 GIC COUP` TY, T::?;An Co:^•TtL3.5 Lon erpi.. s ' 1 SCALE; Ile- \ I V~ /00, " L~ UU~33~ I! 0- 20 PERM4MCNT + 4t 4 PURF~IOSE G ur1i 1 y EASEMENT I I OO II I 20' TE~1P0?A/?Y G'GLt/9T/lUCJ'/ON EASMT. WES7' 9106' C)I ,1 of Zl~i I` I ~co/NT ;rl,lo V1i45 C, 4l,N ty/" 161DW/N A, APFC, !PPS. Mt 430, pAG6 39 • DCE0 /lECo12D6 Nov. 1981 / LENTO/,/ COUN!'Y, rA;:XA 5 VOL~ll 313 f ~ 1 Iwj flay eel efINTl1 AlfiDl! 18618 i a3a by Ael uJaio4 pai~Leo ea :e'ol punoo Ualuwo 10 spiam pIweu a41 1o Ofd poo owrgoe P41 ul pap103 Hl A1np Irm puo ow Aq uv a4 p4wgo owl pug olep 641 ua p'ly sem luawngsal'141 Ir4; Alrjtal Agoao4 I teal 'A1unoO eolu.0 'Y8313 A1NC00 NOIN30!0 KLN003 S"311031Y1S C rt f ~~z1~1 r PAGE 314 n 0 H. H. H rf 9 %f m rt t• r 0) ' I 1 H. N r:. t7 Ull 0 n r a. tea 14 l? r ~ ti yr,r I)ece fd be f 777 & . i t t "1 h i THE STATE OF TEXAS § AGREEMENT FUR AMBULANCE SERVICE , COUNTY OF DENTON § z This Agreement made and entered into on this the 2-5_ day { }Y` of 19al by and betwaan the Ciuly of Denton, Texas, acting herein by and through its Mayor, thereunto duly . authorized by Resolution of the governing body of said City, b hereinafter called "Denton", and the City of Ponder, Texas, a` acting herein by and through its Mayor, thereunto duly authorized by resolution of the governing body of said City, hereinafter called Ponder, WITNESSETH: 1. Denton hereby agrees to provide ambulance service to the citizens of Ponder upon the conditions and terms contained r x herein. i' 2. Denton shall provide ambulance service to Ponder upon rpquest for such services provided, however, it is expressly understood b the by parties hereto that said ambulance service demands by Ponder is necessarily subordinate to the best kF Interests and needs of the citizens of Denton and that the aft determination of whether or not personnel and equipment are available to provide ambulance service at any particular time t" upon request by Ponder 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 ava!labilit.v of ambulance equipment and personnel to provide the requested 'tY~' service at any partieu+lar time shall be conclusive and failure x` to provide requested service ..,call 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 notified of the need for such service, that y, " A~ " ~ T ~~fi1,~." f rv'Sy1 ~.4 } 'C, 'WU 1 t'rgi~'R14 r t'. ry~kl 1' a . n s ~ " " ~ ~~~i ~It. 1{ T"~1~ 1" J,," ~1~~ ~a~ ~J MS ~ 1" '~.'R?.''t M1.7 f~^)rg~♦ i x. d~ x' ~ u.~ ~ ~ ~ oj~°'y1~ ik ~r`, ~sy" i~~"r i Y d..Af ♦I 7 T pp " r Jet Denton shall not be liable in damages or otherwise for the ~ 1 failure tr, furnish the same. ; d `x 4. Denton hereby agrees that (1) the Denton County Ambulance Committee may inspect and evaluate all equipment andk t services being provided by Denton at any reasonable time an6 (2) that prior to receiving any monies from Ponder, the ambulance service provided for herein will meet or exceed all requisite standards of equipment and service as determined by a IM1 the Denton County Ambulance Committee. i 5. Denton shall acquire and maintain in force and effect IA ?.Yp! 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 t, w wr` 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 acts or omissions of 5 any person or persons employed t,- provide the ambulance r. y services subject to this Agreement. 6. In consideration for providing for ambulance service to Ponder, Ponder 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 Ponder by Two Dollars and 50~t Cents ($2.50) (population X $2.50). The figure used for r determining the number of persons residing in Ponder shall be that population figure contained in the latest edition of the North Central Texas Council of Government's Regional DirectoU. 7. The City of Denton is not prohibited by this Agreement from charging any patient using such services fees as may be provided by Ordinance of the City of Denton, Texas. 9. It is expressly understood and agreed that, in the exercise of this Agreement, neither Denton or Ponder waives, nor shall be deemed hereby to waive, any immunity or defense t q i y+ i. y'1•.N1 ~ 1 St 1 t ~ VV that would otherwise be available to it against claims arisingy d in the exercise of governmental powers and functions. 3 9. This agreement shall continue and be in full force and effect from year to year until such time as either party a hereto, by notice to the other, may terminate the same, such termination to be effective not less than ninety (90) days after the giving of such notice. EXECUTZD at Denton, Texas, on the day and year first above v wt ''.ten. CITY OF PONDER BY CITY OF DENTON, EXAS L 4YOR By. A OR ATTEST: ATTEST: 1411 A Y eYECRETARY CITY00F PONDER CITY OF DENTON, TEXAS APPROVED AS TO L.GAL FORM; C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY.- e , . 1 ~{'T•1 t. r /'waf F(T(.YA I. ry 1 1 '3 A; 'C°{{ y'',S di r~ N , ni°. 11Y 1~• o `il A)+A r."1~~~ 1• d;1 • 1 y l~ . j 1 rt.,+ 1. i 6^ n rr. LM ~ • ~j pct V0 111J rA~E 836 THE STATE OF TEXAS ) ' KNOW Aft MEN BY THESE PRESENTS COUNTY OF D1NTON ) pEFt} RECOR0q. 107 THAT WE, [cell Roofing Sheet Natal f Insulation Company for and in consideration of the sum of one Dollar ($1.00) cash to us in hand paid by the City of Denton, Texas, a municipal corporation of the County of Denton, Stat% of Texas, the receipt of which is hereby ackgowledged, and other good and valuable consideration including the benefits tfat will accrue to our property, do hereby GIVE, GRANT and EXTEND to the said City of Denton, Texas, its successors and assigns, the right to construct or reconstruct utilities and perpetually maintain an All-Purpose Utility Easement in, upon and across land described as follow: Said Tract being in the O.S. Brewster Survey, Abstract 56, Denton County, Texas, and Recorded in Volume 985, Page 951, in the Deed Records of Denton County, Texas. Said easement crossing this property, comprising$, two parts, as herein designated and described, including to a permanent easement 20 feet in width, for construction, or reconstruction of utilities and appurtenances, and for pperpetually maintaining an All Purpose Utility Easement, and `2) an additional area adjacent to the permananet 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 South line of the aforementioned tract of land, said point being 10.5 feet East at right angle from in iron pin found in the West fence line at the Southwest corner of said tract of land; THENCE North 00 degrees 27 minutes West a distance of 330.1 feet to a point in the North fence line of said tract, said point being 8.0 feet East at right angle from the Northwest fence corner of said tract of land; 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 adjacent 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 intial construciton only. ire City o~ Denton, Texas, shall h,jvr2 '.he right privi'eue to removt~ ispc,o of, off the site, trees, brush, debris, excess ea,acavated material, utc, in the easements, that would interfere with access to tr,e runstructiun ';ite and that wo,ild interfere with construction of the said facilities. TO HAVE A'lD TO hOLD, all sing.+iar, tt!e privi'eges aforesaid to it, the s id Cif: of Lcr~an. Tex3S, its Sup Lessors and assigns forever, together with th--, riyht ;red privilege, at any and ail tim s to enter said premises or acy part thereof, for tha purl,,ise of cunstructing, reconstructing -',d perpetually maintaining said facilities together with necessary appurte- tsnces inside said perpetual easements drnl for making connections therewith; upon the cot, ition that ttie City of Denton, Texas, will at all times, ~fcer doing any work in connection with the construction, reconstruction or repair of said facilities restore said premises as noarly as feasible to the condition in which same were found before such work was undertaken, including rk;vir of all fences that might be disturbed or damaged in per- forming said ti.,ork, end further upon the condition that in the use of the aforesaid rights and privileges herein granted, the (,*it, of Denton, Tirxas, will not create a nuisance or do ariy act that will be detrimental to said premises and that said tract will not to used by said City of Denton, Texas, for any other purpose, under this grant. except as herein provided. WiTNLS'i CUk HANDS this " day of YDll~~t~ Ydbf= tiff CGuv;'u , valliJ fhtE 838 .='U:?:: t•il;, the Iladlcrslgr:=.!d, F11It11Ui ltf♦ In yf~C3 fo'' Count,,, `T'exas, On this duly persorlall~ ti ~ appeared E! to be ~.!a:J1)il !'il1J.>t fldlll-_' (lb} 11J;,Gr~~1:':1 1. (J thc! for;~goinct instrum nr, and ack,no rt: clT,d to m> that ne Cxec:lltecl the same for the purposes and consid r~, -.tion_ expressod. therein GZ 'N UNDER MY HAND. AN10 ~S'';1L, (1P OFc^IC"r. This the ~7.~ 2 do- A.. ' ivo Y P I,IC IN AND FOR COUNIT.- TEXAS My Commission expires-. ~~►7lMFr}.~~,a~lsav.:.:,a~,~ut,•.4,h.Hr..,..:.~..„... SCALE; /"=/00' c3.0' N~V Ct7Q - - - t 20' P6:VVANENT R Ur/L / rY FASEMENT o ~ 5 p, p s Ir~ 40' TEM,0012Y CONSTPUCT/Q~/ E,464,17- 6 W.. C04? 105' 1'O/N7 13EG/NN/NG 417/4 /ry A9 4SEMENrs AcoUJ/N A 4PICZ, 12. A. S. IaEL 4 Roar/NC SNEEr NO I/ /•96/ 4a &,aL 1AIsUL,4 mAl CO. VOL. 985, pAGE951, oC-go /2ECo/pDS DE/V7-ON CVOIVrY, TEXAS VOL ,111J fh~~839 y e 41 fl T. • N n Y. ~ FV U ( N I q 1, ~ - cg U c - I 1 n u ~ 1 r 1 1- J t b f 1. ~ V V lJ 11 C ou 840 yH ~C bd H e~ n -Tl 0 r H --t o iii r- r r ~ d •ye , f V u ~ o ~ Off'.,} , ~ J 5T C~ece m ~ ~ ~ 9 CO I Ct 31046 r Form. 1638 smoedoN (Approved Sy Genuol $04for) PIPE LINE LICENSE THIS LICENSE, Made this_____- 9th_day December between ME ATCHISOtT. 1_OPRKA AND SANTA FF RAILWAY COMPANY. a____._ Dcla}~aro _ _ corporation (hereinafter called "Licensor"), party of the first part, and ---.__....~)1`f.-V)___l?LT1T(I XAS~ as M_ ~nicioaZ_corpnratioae-acting--herein-by_-ts-.-- Mayor$ hereunto duly aut hrrl-ed _ _ _ - - - - - -a - - - (hereinafter, whether one or more, called "licensee"), party of the second part. WITNESSETII, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain._onr ( 1) pipe line.----, .._oaerhundmd_fif.tX_ (n iA-fear-An.length-and-_--__ - inches in diameter (hereinafter, whether one rr more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of_1?eatone__Reritan__- _.-the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, No.datec0!ec9MhgL4;___ 1981-_-- - - - - ----v__._. , marked "Exhibit A" and made a part hereof. 2. Lice,-3ee shall use the PIPE LINE solely for carrying - ------------------------pu----- - and shall not use..it to carry-any uther commodity or for any other rpose whatsoever. 3. Licensee shall pay Licensor as compensation for this license the sum of..__Oae__l1undred_.F1fty and N91100ths 1301},ars500~,__- _ 4. Licensee Shall, At its own cost and subject to the supervision and control of Licensor's chief engineer, locate, construct and maintain the PIPE LINE In such a manner a,;d of such material that it ui11 not at any time be a source of danger to cr interference with the }:resent or future tracks, roadbed and property of Licensor, or the safe operation of its railroad. In cases where the Licensee is permitted under paragraph 2 hereof to use the 111PE LINE for oil, gas, petroleum produ.ts, or other flammable or highly volatile substances under pressure, the PIPE LINE shall be constructed, nstalled and t ereafter maintained In con orm`tyy with the pans and specifications shown on print hereto attached in such cases, marked Exhibit li and made a part hereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform properly its obligations under this paragraph, Ll- censor may, at its option, itself perform such work as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (16) drys after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to per. form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. 6. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect Its traffic during installation of the PIPE LINE and for any and all other expense incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times Indemnify and save harmless Licensor against and pay In full all loss, damage or expense that Licensor may sustain, incur or become liable for, resulting in any man• ner from the construction, malntennnce, use, state or repair, or presence of the PIPE LINE, including any such loss, damage or expense arising out of (a) loss of or damage to property, (b) injury to or death of persona, (c) mechanics' or other liens of any character, or (d) taxes or assessments of any kind. 7. If at any time Licensee shall fall or refuse to comply with or carry out eny of the covenants herein contained Licensor may at Its election forthwith revoke this license. . ~ e 8. THIS LICENSE is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated At any time by either party upon ten (10) days' notice in writing to be served upon the other party, slating therein the date that such termination shall take place, and that upon the termination of this license in this or anyy other manner herein provided, Licensee, upon de- mand of Licensor, shall abandon the use of the I'1I'E LINE and remove the same and restore the right of wiry and tracks of Licensor to the same condition In which they were prior to the placing of the PIIT LINE thereunder. In case Licensee shall fail to restore Licensor's premises as aforesaid within ten (10) days after (lie effective date of termination, Licensor may proceed with such work at the expense of Lleensee. No termination hereof shall release Licensee from any liability or obligation here- under, whether of indemnity or otherwise, resulting from any nets, omissions or events happenin prior to the date the PIPE LINE is removed and the right of way and track of Licensor restore as above provided. 9. In the case of the eviction of Licensee by anyone owning or oi:tnining title to the premises on which the PIPF LINT" is located, or the sale or abnndonmen.t by Licensor of said premises, Licensor Shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have Ixen paid hereunder in advance. 10. Any notice hereunder to be given by L'ceneor to Licensee shall be deemed to be properly served If It be deposited in the United States Mail, postage prepaid, addressed to Licensed Municipal buildings 215 E. XcXinnpyt Denton] TX 76201. - - Any notice to be given hereunder by Licensee to Licensor shall be deemed to be properly served if the same be deposited in- the United States Mail, postage prepaid, addressed to Llcensor's____--._. Division Su erintendent at 204 Santa Fe Aldg•. 14th b Jones Ste.. Fort Worth TX 76102. 11, In tho event that two or more parties execute this instrument As Licensee, all the covenants and agreements of Licensee in this license shall be 0a joint and several covenants and agreements of such parties. 12. All the covenants and provisions of this Instrument shall be binding upon and inure to the benefit of the successors, legal representatives and assigns of the parties to the same extent and effect as the snme are binding upon And inure to the benefit of the parties hereto, but Yin assignment hereof by Licensee its successors, Irgal representatives or assigns, or nny sul Sequent nssignec, sha'.' 1)3 bind- Ing upon Lfeensor without the written consent of Licensor In each instance. IN 1VITNESS IVIIEREOP, The parties have rxecuted this agreement In duplicate the day and year first above written. TIIF ATCIiISGtti TOPE'.Y.A AND SAliTA FE FAPMAY COHPAW..) (Licensor) Ap o d s to Descriptio , its AssIstont to Gonerd Kan;;iroc Chief Engineer, C1;1'1f Or DF.h7O:ia TEXAS.' By J, +04,4E6.t.` 4L ~r C It6 Yayor (Licensee) R E S 0 1. U T I Q N --000- BE IT KNOWN that on this the 16th day of February-' 19 82 at a regular meeting of the governing body of the City of DENTCN ' TEXAS there came on to be considered the matter of the exe- cution of a license between the said City of DENTCN TEXAS , and The Atchison, Topeka and Santa Fe Railway Company, relating to a Pipe Line License Agreement between the City of Denton and the Atchison, Topeka u Santa Fe Railway Company relating to the construction and maintenance of 1 pipe line 150 feet in len`th and 31.500 inches in diameter, across or along the right of way of Licensor, ein~; Print at or near said City of DENTON, TTDCAS whereupon the following proceedinRe were had: It was moved, seconded and unanimously voted that RICHARD 0. STEWART Mayor, be euthori:ed and empowered to execute on behalf of the City of DENTON TEXAS ' such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of this resolution. - - - - - - - - - - - - - - - - - - STATE OF TEXAS ) COUNTY OF DENTON ) I, Charlotte Ll en , City Secretary, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by the City Commission of said City in regular session on Febri)rtrv 16 19,_aL, as the same appears of record in Boot. , Page , Minutes of said City Commission. IN TESTL*tONY WHEREOF, witness my hand end the Seal of Said City this 23 day of Febr%uary- , 19 82 3 City sere ary / (SEAL) i i ~aAwrsfrr.-w-wvf.rw+rr.vr~vww.e.v en s;.ro~.av:ins.rs.wt,a.iP.H {7nl Wei M.M. aljwtN. 0: I U7" NCp11f®! EXHIBIT "A" TO CONTRACT BETWEEN THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY NORTHERN r) IVI 10N DALLAS DISTRICT NND C/rY Of D&-NTON COYER/Nr~' A SOWER L/NECROSS/Nq NEAR DENroN, DENroN CozINr)e TEXAS SCALE I =/00 A.G.A1.•ENGINEERING•AMARILLO, TEXAS No. X-6/9/ DATED: DECEMBER 4, 981 NOTE: h 0,,;oe lobe encased in concrcf,- BCr-oss ` kill E' ~i'ai/rot9dpro,Ucrfy and ri/o rap ra/o14ced PLO G~ R.Co. Pro r} Line l a. 5? z g,4 41's ra Da!/on ✓cf I U f /~6 urne N h b 4i iDI ' Va/ Sec. 230 M,?p /0 R U RerCe! N ° /Z N ;ARRIER PIPE CASING PIPE CARRIER PIPE CASINO PIPE J D OF PIPE LENGTH ON R/ rV _lf0 :ONTENTS TO BE HANDLED _ ACTUAL il0FIA N0 PRESSURE C&52Ylf-Y-Fkw ' PIPE MATERIAL VY,,?fi~d TYPE OF 101NT HB/Lc'I~.. at _Y SPECIFICATIONS AND GRADE 6, COATING Abe7e,_ WALL THICKNESS 1,25 . METH00 OF INSTALLATION O,canranCh VENTS :NUMBER w SIZE NEIGH OF VENT App 1E GRLtitD SEALS ; BOTH ENDS '&2aa ONE END - BURY: BASE OF RAIL TO TOP OF CASINO LE_ FEET t INCHED BURY. NATURAL GROUND -,5_ FEET _Z INCHFS INSTALLED AS PER C E 5 556 BURY: ROADWAY DITCHES -A__ FEET INCIIES PLACED BY DRY BORE ONLY CATHODIC PROTECTION ' TYPE,SIZE AND SPACING OF INSULATO05 OR SUPPORTS l R wp NOl/J-S/ L2 TA MA' NCI • ~ • p I M~~ A ~ ~ a ~ x ~ o '°r ~ ''3~~ o ~ o ~ O F.e o m to ~ tai ~ ~ d ~ 1 k i I~ i R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayr%r is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated December 9, 1981, between the City of Denton and the Atchison, Topeka & Santa Fe Railway Company relating to the construction and maintenance of one pipe line one hundred fifty feet in length and thirty-one point five hundred (31.500) inches in diameter, across or along the right of way of Licensor, being Print No. X-6191. , PASSED AND APPROVED this t he day of a utictl Janus", r9a 2 . CH ST W , MAYOR 4-21 CITY OF DEITON, TEXAS ATTEST: CITY OF DENTONO TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: Ct 31046 /arw 1631 Standard (APP PIPE ~LLNE caftoral LICENSE THIS LICENSE, Made this-9h -day of.- ~ Decerther between THE A, TCHisolri TOPEKA A4 SkgA FE PA1 Lt1P.Y`t.:stin r 19,$x, corpc.-atlon (hereinafter called "Licensor"), party of ±.he first part, and - r ---.~.~corRGtL3Lt~A~_[ictin~ hs+rw_ f~hro i ~a _ •`tayorp hereunto dui authorized, _ (hereinafter, whether, one or more, called ensee" )pparty of the aecond part. WITNESSETH, That the parties hereto for the considerations hereinafter expressed covenant and agree as follows: L Subject to the terms and conditions hereinafter set forth, Licensor licenses Licensee to construct and maintain o_,__ ( 1 ) pipe line.-., , 911e~undrpd f1fJY-~ n n} fpaz in~Ch anri 31.,50_oZ___-inche3 in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the right of way of Licensor at or near the station of_JZmtQn aen Count- v~T~xas the exact location of the PIPE LINE being more particularly shown by red coloring upon the print hereto attached, 1931 dated _Decetn er k marked "Exhibit A" and made a part hereof. 2. Licensee shall use the PIPE LINE solely for carrying setrae and shall not use it to carry any other commodity or for any other purpose whatsoever. 3. Licensee shall pay Licensor as compewation for this license the sum ofOnc-Hundredri fxy and No 100ths Dollars t'SI50 00) 4. Licensee shall, at its own cost and subject to the supervision and control of Licensor's chief engineer, locate, construct and maintain the PIPE LINE In such a manner and of such material that It will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Licensor, or the safe operntion of its railroad. In cases where the Licensee Is permitted under paragraph 2 hereof to use the PIPE LINE for A' gas' petroleum products, or other flamm Tr 'n :11 able or highly volatile substances under pressure, the PIPE: shall be constructed heretoeattached iris ue cases, marked cExhibiti B a%vfCT made aapart hereof i If at nany time on shall, In the judgment of Licensor, fall to perform properly Its obligations under this paragraph, Li- censor may, at Its option, Itself perform such work as It deems necessary for the safe operation of Its railroad, and In such event Licensee agrees to pay, within fifteen {15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to per- form the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby. b. Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect Its traffic during installation of the PIPE LINE and for any and all other expense Incurred by Licensor on account of the PIPE LINE. 6. Licensee shall at all times Indemnify and save harmless Licensor ag1131st and payy In full all loss, damage or expense that Licensor may sustain, Incur or become liable for, resulting in any man- ner from the construction, maintenance, use, state or repair, or presence of the PIPE UNE, Including any arch loss, damage or expense arlsing out of (a) loss of or damage to property, (b) In) ury to or deatti of persons, (c) mechanics' or other liens of any character, or (d) taxes or as3essmerts of any kind. 7. If at any time Licensee shall fall or refuse to comps with or carry out any of the covenants herein .•ortaiaed Licensor way at its election forthwith rcvo~Ca this license. . , . 4 ~ -i 1~ ~ i 7~ ~ l r r a' i- ti = TIiL STATE OF TLXI15 p I'W'd ALL MEN BY THESE PRESENTS: C.uUTJTY OF DET;?!~N ~ DEED RECORDS :10:3 THAT I Nettie $elle Foster h r arnl to ci,n,i(icration of the suns of one Dr)llar ($1.00) ~_osh to ir, rend pad t,y thu City of r nton, Texas, a municipal curpordtion of the '.minty f Or:ritun, `;t,ite of Texas, the receipt of which is hereby dr_kI I U.,JCdj I:d, dnd other good arid valuable consideration including the benefits that wall a..crue to our property, do hereby GIVE, GRANT and EXTEND to the said ity of Duutor,. TeAas, its successors and assigns, the right to c.un~tru t ur re.onsLruct utilities and perpetually m,.intain an All-;'urpose Utili,y Ease~,t,nL in, upon and across land described a-, follows: Said Tract being in the T.W. Daugherty Survey, Abstract 357 , Denton County, Texas, and kecarded in Volume 1049 , Page 373 to the Deed Records of Denton County, Texas. maid easenent .:rossiny this pruperLy, comprising two parts, as herein designated and described, inr.luding (1) a permanent easement 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 drea adjacent to the permanent easement 40_- feet in width, to be usr:d for initial construction. PART 1. PERMANENT EASEMENT WITH CENIERLINE DESCRIBED AS FOLLOWS: BEGINNIN`i at a point in the South line of the aforementioned tract of land, said point being North 89 degrees 48 minutes 50 seconds West a distance of 1916.12 feet from the Southeast corner of said tract; THENCE North 36 degrees 21 minutes 30 seconds West a distance of 184.3 feet to a point; THENCE North 79 degrees 39 minutes 30 seconds West a distance of 11.0 feet to a point in the West fence line of said tract and in the East line of a public road, said point being South 928.39 feet from the Northwest corner of said tract. PART 2. CONSTRUCTION EASEML f In addition to the 20 foot permanent easement as described above, an in{':00 construction easeinenL 4.0 foot in width is to he furnished. This easement shall be adjacent and parallei 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 construr-tion only. vot1119- CALE 841 uat1M OU 842 The City of [enl,r, lr,xa shall have the right RtiI privi'eye to remove rnd dispose of, off the site, tr,•t;s, Crush, dehr excess Iexacavated material, etc, ii, tine eas~~~nrnts, that r:ould interfere with access to trie_ construction site and that %,uuld interfere with construction of the said facilities. TO HAVE A'ID TO HULD, all singular, the privileges aforesaid to it, the said City of I'cla on, Te:•, s, its succr:s.,ors and assigns forever, together with tn. riyht zfrd privilege, at any and all tini s to enter said r,rerafses or ony I1,,rt thercur, f;;r the purpose of cunstr•uctiny, reconstructing .•,d perpetually maintaininy said facilities together with nec?ssary appurte- nances inside said perpetual easements and for making corrections therewith; all upon the core ition that the City of Denton, Texas, will at all times, after doing any :,ork in connection with the construction, reconstruction or repair of said facilities restore said premises as nearly as feasible to the co lition in which 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 a,d 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 CUR HAiIUS this : Q04i lay of A.D. 1911 THE STATE OF TEXAS 5 l COUNTY OF § i BEFORE ME, the undersigned rMthoritV in and for said Cou ty, Texas,, c this day personally appeared a. f Y1 kno,4n to me to be the person sonose name subscribed to the foregoing instrument, and acknowledged to me that _','ihe executed the sane for the purposes and consideration therein expressed. G. "D1 UAJDER ilY HANG AND SEAL OF OFFICE, This the easy oftiA. D, 19. ` 1r• ; N P08 IC IN AND FOR " - ~ r r w- COUNTY,, .~u~. frJ My Conmission er,pi res vo~4113 AU 8.43 vo~ill ixt- 844 n RI~?U r. cl, SW711- 928.39' i cam V AQ G a 'CC1~ O ~ y N ~ ~ l y ~O c, ~ ~ m tai Rl ow~a ywr fi e" A ~a v, fD r ~1 I h; . ' C FJ- ra nr 11 O FJ- 1- d rt f9 rt rt O pt I O rt O 1 ~ -C v VOl1l1J BALE 845 r_ w~ ~ f L i Ell' 1,. O J