HomeMy WebLinkAbout12-1982
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AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
' TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1,
` AND AS SAID MAP APPLIES TO PART OF LOT 1, BLOCK 2 AND ALL OF
Irr. LOTS 2-6, BLOCK 2 AND ALL OF LOTS 1-79 BLOCK 3 OF THE SOUTHMONT
SUBDIVISION IN THE CITY OF DENTON, TEXAS; AND MORE PARTICULARLY
I~ DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, -TEXAS, HEREBY ORDAINS: s;
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SECTION I.
,a The Zoning Classification and Use designation of the
following described property, to-wit:
All that certain tract or parcel of land situated in the City
and County of Denton, Texas, being a part of Lot 1, Block 2 and
all of Lots 2-6 Block 2 and all of Lots 1-7, Block 3 of the
Southmont Subdivision in the City of Denton, Texas.
is hereby changed from Single-Family "SF-1611 District Classifi-
cation Use to Planned Development 11PD11 District Classification
and Use under the Comprehensive Zoning Ordinance of the City of
Denton, Texas. The Zoning Map of the City of Denton, Texas,
adopted the 14th day of January, 1969, as an Appendix to the
Code of Ordinances of the City of Denton, 1Texas, under ordinance
No. 69-1, be, and the same is hereby amended to show such change
in District Classification and Use, subject to the site plan
attached hereto and the following conditions:
1. The property will be developed in accordance with
the approved site plan.
2. All subdivisions and resubdivisions shall conform
to City of Denton subdivision regulations and an y
official copy of deed restrictions and covenants
shall be filed with the City and County of Denton,
Texas.
3. The one hundred and ten foot (1101) portion of
Southmont Drive designated for closing on the
official site plan shall be quitclaimed in
accordance with City of Denton procedures and other
legal requirements.
4. Fencing must be erected so that it does not
obstruct visibility and is in conformance with City
of Denton codes and ordinances.
S. Fait-ire by the homeowner's association to maintain
ppareas directly related to the drainage of the
in adequate followithe
r sult judged
roperty Engineer he shall degree
ng
procedure:
a. The city shall notify the homeowner's associa-
tion twenty-four (24) hours in advance of city
maintenance crews beginning operations so that
any hazards in the designated areas may be
eliminated.
PAGE ONE
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Y b. If hazard is not corrected in the twenty-four
(24) hour period, the city crews will work to
remove the hazard.
c. After city crews have completed all the work
needed to remove the hazard, charges will be
assessed to the homeowner's association based on
the following:
1, Equipment: Cost X 1.5
2. Labor: Cost X 1.23
3. Overhead: 151 overhead on entire charge.
b. Developer shall pay any expenses for relocation of
any utilities within this development.i
I:
SECTION II.
That the City Council of the City of Denton, Texas, hereby
' finds that such change is in accordance with a comprehensive
'`j plan for the purpose of promoting the general welfare of they
City of Denton, Texas, and with reasonable consideration, among
other things for the character of the district and for its
peculiar suitability or particular uses, and with a view to
conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this the 7 = day of December, 1982.
O~ STEWMT9 MAYOR-,r
ATTES
IMMING
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: q.-_L+ _~i PAGE TWO
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NO. /o3
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1,
AND AS SAID MAP APPLIES TO APPROXIMATELY 4.796 ACRES OF LAND OUT
OF THE MOREAU FORREST SURVEY, DENTON COUNTY, TEXAS; AND MORE
PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE.
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THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
i SECTION I.
The Zoning Classification and Use designation of the,
following described property, to-wit:
Being all that certailt lot, tract or parcel of land lying and
being situated i:a the County of Denton, State of Texas, being
part of Lot 4 of the subdivision of the Moreau Forrest Survey,
according to the Plat in Volume 50, Page 236, and being more
particularly described as follows:
BEGINNING at a steel pin in a public road running north and
south, whose width is 40.5 feet at this point, same being the
r southwest cor-ier of Lot 4;
THENCE north 03019150" east along the west boundary line of
Lot 4, 231.3 feet to a steel pin for corner in the south
boundary line of United States Highway No. 380, formerly Old
Texas State Highway No. 24;
THENCE north 41018' east 156.9 feet, to a concrete monument +I
for corner and being at an angle point in the south boundary
line of and 70 feet south of, and at right angles to, the
centerline of the past mentioned highway;
THENCE north 81026' east along the south boundary line of said
United States Highway No. 380, 800.4 feet to a steel pin for the
northeast corner;
THENCE south 01003140" west along the east boundary, 510.32
feet to a steel pin and railroad cross-tie fence corner post for
the southeast corner;
THENCE north 87018140" west along fence line, 900.00 feet to
point of beginning and containing 8.42 acres of usable land
(net) and .11 of an acre in public road, making a total of 8.53
acres of land (gross) being same property described in warranty
deed dated 8-14-78 by J. L. Madewell to Jerry Riney filed for
record 8-15-78 under Clerk's File No. 23730, Volume 906, Page
956 of the Deed Records of Denton County, Texas.
SUBJECT TO THE FOLLOWING:
1. Visible and apparent easements on, over or across subject
property, the existence of which do not appear of record.
2. Any portion of subject property lying or being situated
within the boundaries of any road, street or highway or used
for road purposes.
3. Easement from C, M. West and wife Mrs. Mildred West to Texas
Power and Light Company recorde~ in Volume 3S5, Page 598,
Deed Records, Denton County, Texas.
PAGE ONE
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is hereby changed from General Retail "GR" District Classifi-'
cation Use to Commercial "C" District Classification and Use "
under the Comprehensive Zoning Ordinance of the City of Denton,
3 Texas. The Zoning Map of the City of Denton, Texas, adopted the
14th day of January, 1969, as an Appendix to the Code of
Ordinances of the City of Denton, Texas, under Ordinance No. k,
r 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, protecting human lives, t
and encouraging the most appropriate uses of land for the
z' maximum benefit to the City of Denton, Texas, and its citizens.
47i'
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof.
PASSED AND APPROVED this the 7 day of December, 1982.
l' ST , MAYUFJ/
ATTH T:
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, rHXAS
BY: _
PAGE TWO
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41 9
V-10 i
NO. V-fU
AN ORDIN&NCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON$ TEXAS, BY ORDINANCE NO. 69-1,
AND AS SAID MAP APPLIES TO APPROXIMATELY .604 ACRE OF LAND, 14ORE
OR LESS, BEING LOCATED APPROXIMATELY 300 FEET NORTH OF EAGLE
DRIVE BETWEEN CENTRAL AND WELCH STREETS IN THE CITY OF DBNTON,
TEXAS; AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN
EFFECTIVE DATE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
~x
SECTION I: IN
The Zoning Classification and Use designation of the
following described property, to-wit:
All that certain tract or parcel of land situated in the City ~y
and County of Denton, Texas, being a part of Block 20 of College
y,
Addition to the City of Denton, Plat of which is recorded in
Volume 44, Page 600, Deed Records, and being the same tract
described in a deed from Bettie R. Wood, et al to Andrew
Jonathon Wood on February 28, 1959, recorded in Volume 444, Page
453, Deed Records of Denton County, and being more fully
described as follows:
BEGINNING at a steel pin on the west boundary line of said Block
20 on the east right of way of Central Street which is also the
west northwest corner of a 0.701 acre tract described in a deed ,
from C. A, Ginnings and A. L. Ginnings to Joe W. Nichols on.
November 10, 1967, recorded in Volume 558, Page 674, Deed r^a
Records of Denton County, Texas;
THENCE north 0041128" east with a fence and the west boundary
line of said Block 20 on the east right of way of Central Street
a distance of 161.88 feet to a steel pin and fence corner at a
point south 0041128" west 121.0 feet from the northwest corner
of said Block 20;
THENCE south 89048144" east with said fence a distance of
208.0 feet to a steel pin on the east boundary line of Block 20
and the west right of way of Welch Street;
THENCE south with said right of way and the east line of Block
20 a distnnce of 108.0 feet to a steel pin at the northeast
corner of a tract described in a deed from H. C. Graham to J. T.
Jones on August 24, 1960;
THENCE north 89046155" west a distance of 138.65 feet to a
steel pin;
THENCE south 0035130" west a distance of 53.0 feet to a steel
pin at a fence on the north boundary line of said 0.701 acre Joe
W. Nichols tract;
THENCE south 89026120" west along and near said fence a
distance of 70,80 feet to the place of beginning and containing
In all 0.604 ac:e of land, iaore or less.
Is hereby changed from Multi-Family "MP-2" District Classifi-
iUaB Zoning 1r o rdinance of Classification
the City and Use under the Comprehensive of
PAGE ONE
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k Denton, Texas. The Zoning Map of the City of Denton, Texas,
adopted the 14th day of January, 1969, as an Appendix to the
Code of Ordinances of the City of Denton, Texas, under Ordinance:
No. 69-1, be, and the same is hereby amended to show such change
in District Classification and Use, subject to the site plan
attached hereto and the following condition: a''J
4 1. The property will be developed in accordance with the
11 All'
approved site plan and all City o.' Denton development
standards (subdivision regulations, building codes, etc.).
SECTION H.
d o
j That the City Council of the City of Denton, Texas, hereby
finds that such change is in accordance with a comprehensive
lan 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
s conserving the value of the buildings, protecting human lives,
and encouraging the most appropriate uses of land for the
maximum benefit to the City of Denton, Texas, and its citizens.
SECTION III.
That this ordinance shall be in full force and effect
immediately after its passage and approval, the required public
hearings having heretofore been held by the Planning and Zoning
Commission and the City Council of the City of Denton, Texas,
after giving due notice thereof. 1/
PASSED AND APPROVED this the day of December, 1982. '
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ATTEs
I K I WE
DEPUTY CITY 17 CRI3TARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C, J, TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON; TEXAS
BY: a~
PAGE TWO
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NO.
AN ORDINANCE AMENDING SECTION 21-46 (f) OF CHAPTER 21 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO INSPECTIONS OF
STREET AND SIDEWALK EXCAVATIONS AND ALTERATIONS; PROVIDING FOR
CHARGES FOR OVERTIME INSPECTIONS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
_r! e
SECTION I.
That Section 21-46(f) of Chapter 21 "Streets and Sidewalks" of
;x the Code of Ordinances of the City of Denton, Texas ;s hereby amender)
to hereafter read as follows:
"(f) The street department shall cause to be made such inspec-
tions as are necessaary to insure compliance with the
provisions of this Chapter.
If any person or contractor doing street or sidewalk
construction, excavation, alteration or repair requests
and receives necessary inspection by city personnel for
such work outside of normal business hours (8:00 o'clock
A.M. to 5:00 o'clock P.M. weekdays and non-holidays)
such person or contractor shall be charged and ay
Fifteen Dollars ($15.00) per hour (minimum of two F25
hours) for such inspection."
SECTION iI.
That this ordinance shall become effective from and after its
date of passage.
PASSED AND APPROVED this the //~~Xay or December, 1982.
STEWAWT
CIT ONTON ERAS
ATTES
n~
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: _
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f MUIFICATE FOR '
ORDINANCE CANVASSING =!CtI REM7VS
THE S^lAT£ OF TEXAS
COJNM OF DENTCN '
CITY OF CENTMN
k'e, the undersigned officers of said City, hereby certify as follows:
1. The City Council of said City convened in
SPECIAL =ING ON THE 147H DAY OF DEC&2!BER, 1982,
at the Municipal Building (City Hall), and the roll was called of the duly
constituted officers and members of said City Council, to-wit:
Charlotte Allen, City Secretary Richard 0. Stewart, Mayor
Dr. A. Ray Stephens Mark Chew
Jack Barton Jim Riddlesperger
Charles Hopkins Joe Alford
and ail a sal persons present, except the following absentees:
~f Z thus constituting a quorum.
Where n, arrong other business, the following was transacted at said Meeting:
a written
ORDINANCE CANVASSING ELECTION RETURNS
was duly introduced for the consideration of said City Council and duly read.
It was then duly moved and seconded that said Ordinance be passed; and, after
dtie discussion, said motion, carrying with it the passage of said Ordinance,
prevailed and carried by the following vote:
AYES: All members of said City Council
shown present above voted "Aye".
NOES: None.
2. That a true, full, and correct copy of the aforesaid Ordinance passed
at the Meeting described in the above and foregoing paragraph is attached to
and follows this Certificate; :hat said Ordinance has been duly recorded in
said City Council's minutes of said Meeting; that the above and foregoing
paragraph is a true, full, and correct excerpt from said City Council's
minute, of said Meeting pertaining to the passage of said Ordinance; that the
persons named in the above and foregoing paragraph are the duly chosen,
qualified, and acting officers and members of said City Council as indicated
therein; that each of the officers and Lrembexs of said City Council was duly
and sufficiently notified officially and personally, in advance, of the time,
place, and purpose of the aforesaid Meeting, and that said Ordinance would be
introduced and considered for passage at said Meeting; and that said Meeting
was open to the public, and public notice of the time, place, and purpose of
said meeting was given, all as required by Vernon's Ann. Civ. St. Article
6252-17.
I
3. That the Mayor of said City has approved, and hereby approves, the
aforesaid Ordinance; that the Mayor and the City Secretary of said City have
duly signed said Ordinance; and that the Mayor and the City Secretary of said
City hereby declare that their signing of this Certificate shall constitute
the signing of the attached and following copy of said Ordinance for all
purposes.
S 'I AND SEALED the 14th day of December, 1982.
je
ty Secretary L~~_ yor
We, the undersigned, being respectively the City Attorney ar,d the Bond
Attorneys of the City of Denton, Texas, hereby certify that we prepared and
approved as to legality the attached and following Ordinance prier to its
passage as aforesaid.
City ttorne
Bond At:torr=ys
3
ORDINANCE NO. 82-/aQ •
ORDINANCE CANVASSING ELECTION RETURNS
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, the City Cour.cil of said City ordered an election
to be held in said City on DECEMBER 11, 1982, on the PROPOSI-
TIONS hereinafter stated; and
WHEREAS, said City Council has investigated all matters
pertaining to said election, including the ordering, giving
notice, officers, holding, and making returns of said election;
and
WHEREAS, the election officers who held said election have
duly made the returns of the result thereof, and said returns
have been duly delivered to this City Council.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
1. That the City Coun--il officially finds and determines
that said election was duly ordered, that proper notice of said
election was duly given, that proper election officers were
duly appointed prior to said election, that said election was
duly held, that due returns of the result of said election have
beer! made and delivered, and that the City Council has duly
canvassed said returns, all in accordance with law and the
Ordinance calling said election.
2. That the City Council officially finds and determines
that the following votes were cast at said election on each
submitted PROPOSITION, by the resident, qualified electors of
said City who voted at the election:
PROPOSITION NO. 1
825 VOTES: FOR }
THE ISSUANCE OF $8,215,000
} OF STREET AND SIDEWALK IM-
PROVEMENT BONDS
1013 VOTES: AGAINST }
PROPOSITION NO. 2
1007 VOTES: FOR )
} THE ISSUANCE OF $3,282,000
OF DRAINAGE IMPROVEMENT
BONDS
811 VOTES: AGAINST )
PROPOSITION NO. 3
865 VOTES: FOR }
THE ISSUANCE OF $218,000
OF PARK BONDS
971 VOTES: AGAINST )
PROPOSITION NO. 4
937 VOTES: FOR )
THE ISSUANCE OF $900,000
OF UNIVERSITY DRIVE IM-
PROVEMENT BONDS
890 VOTES: AGAINST }
'PROPOSITION NO. 5 +
_ 793 VOTES: FOR )
THE ISSUAD'.CE OF $1,100,000
OF MUNICIPAL BUILDING IM-
PROVEMENT BONDS
1031 VOTES: AGAINST )
PROPOSITION NO. 6
1043 VOTES: FOR )
THE ISSUANCE OF $450,000
OF FIRE SUBSTATION BONDS
778 VOTES: AGAINST )
PROPOSITION NO. 7
1018 VOTES: FOR )
THE ISSUANCE OF $110,000
OF TRAFFIC CONTROL SIGNALS
BONDS
808 VOTES: AGAINST )
3. That the City Council officially finds, determines,
and declares the result of said election to be that each of the
foregoing PROPOSITIONS NOS. 2, 4, 6, and 7 so submitted has
received a favorable majority vote in all respects and has
carried, and that the bonds voted thereunder may be issued in
accordance with law; but that each of the foregoing PROPOSTIONS
NOS. 11 3, and 5 failed co carry, and that no bonds shall be
issued thereunder.
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8007
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CONTINUATION CERTIFICATE
(to be filed with the obligee)
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TX 185075 11000 CITY OF oENTON SIDEWALK
BOND NO. AMOUNT OBLIGEE - DESCR PTION
.
The MERCHANTS MUTUAL BONDING COMPANY, Des Moires, Iowa, hereby continues in force Bond for
RAY SULAK _ P.D.Q. STEEL COMPANY F;
PRINCIPAL D B A \
All liability under this Continuation Certificate is effective 12101181 and terminates midnight-
This continuation is executed upon the express condition that the Company's liability under said Bond and this and all con-
tinuotions thereof shall not be cunulotive and shall in ro event exceed in the aggregate the largest sirgle amount named in
the Bond, the endorsement attached thereto, or any continuation certificate.
Witness the signature of its Secretary u.tder the corporate seal on 10/01/81
5
MERCHANTS MUTUAL 8ONDItJ6 COMPANY
Attest: t'
Presi ent
\ Secretary
t;
CERTIFICATION
I hereby certify that the following is a true and correct copy of Art'cle 2, Section 6b of the Amended and Substituted By
laws of Merchants Mutual Bonding Compony duly adopted and recorded to-wit: "The, signature of any authorized officer
and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certifilet'pn thereof authorizing the
exeeution and delivery of s -y bond undertaking, recognizance, or other suretyship obligations of the Compony, and such sig• f
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nature and seal when so u.ed shall have the some force and effect at though manually fbEed.".
Secretory
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Witnessed to and subscribed by me on 10101/81
Notary Public, Iowa
MERCHANTS MUTUAL BONDING COMPANY
"Iowa's Oldest Surety Company"
"se's r n. r• is a 1 nay r . / / q". !ih • ^ f +"~,vl,
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❑ NOA NATIONAL INSURANCE COMPANY
❑ NORTHWESTERN NATIONAL CASUALTY OO PANY
LAWYERS SURETY CORPORATION
1221 RIVER BEND DRIVE . 214.634.1940 DA.tAS, TEXAS 75247
September 20, 1982
Cancellation Notice DEC & 19,12
City of Denton, Tx.
City Secretary CERTIFIED MAIL
City Hall RETURN RECEIPT REQUESTED
Denton, Texas 76201 G E R T IF I E
MAIL
RE: Bond No. LPB-32,'088
Principal: Donnie onn ag
Effective: days rom nays a e
'Cur Gutter on 4.UUU.
Gentlemen:
We, the above named Surety, are requesting to terminate our
liability under the above referred bond. This, therefore,
is your notice that this bond is cancelled on the above
effective date.
Please acknowledge receipt of this notice of cancellation.
Yours truly,
By AA n _ i ~ a +o~o
Attorney In act
CC! S
Donnie Sontag
P.O. Box 201
Little Elm, Texas
Denton Ins. center, Inc.
P.O. Drawer C
Denton, Texas 76201
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T-1 Owner Policy-Form Prescribed b; State Board of Insurance of Texas-Revised 7-1.1980. e
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STEWART TITLE GUARANTY COMPANY, a Texas corporation, hereinafter raked the Company, for value does hereby "
{ guarantee to the Insured (as herein defined) that as of the date hereof, the I ured has good and indefeasible title to the C
j t estate or interest in the land described or referred to in this policy.
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t The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, an f in no event shall t .
t`e Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its
j own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land,
or any part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall
not be required to defenc against any claims based upon matters in any manner excepted under this policy by the excep-
tions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy", of the Conditions and
Stipulations hereof, The party or parties entitled to such defense shall within a reasonable time after the commencement
' i of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of
the action or proceeding, and authority to defend, The Company shall not be liable until such adverse interest, claim, or
' right shall have been held valid by a court of last resort to which either litigan_ may apply, and if such adverse interest, C
claim, or right so established shall be for less than the whole of the estate or interest in thr: land, then the liability of the G
Company shall be only such part of the whole liability limited above as shall boa- the same ratio to the whole liability that
t ' the adverse interest, claim or right established may bear to the whole estate or interest in the laud, such ratio to be based
on respective values determinable as of the date of this policy. In the absence )f notice as aforesaid, the Company is re-
lieved from all liability with respect to any such interest, claim or right; provided, however, that failure to notify shall not
prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with pro" d
cess therein, nor have any knowledge thereof, not in any case, unless the Company shall be actually prejudiced by such
failure.
~ r
• ' Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy
and the Insured shall for a period of twenty-five years from the date hereof remain fully protected according to the terms
hereof, by reason of the payment of any loss, he, they or it may sustain on account of any warranty of title contained in the
transfer or conveyance executed by the Insured conveying the estate or interest in the land. The Compcny shall be liable
under said warranty only by reason of defects, liens or encurrb•ances existing prior to or at the date hereof and not excluded
either by the exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount of this policy.
3 IN WITNESS HEREOF, the STEWART TITLE GUARANTY COMPANY has caused this policy to be executed by its
Chairman and President under the seal of the Company, but this policy is to be valid only when it bears an authorized
countersignature, as of the date set forth in Schedule A.
r
tiT H"IrVA 11T 'rIT1.F.
r GUARANTY COMPANY
Chairman of the Boardf * ~qis President
Countersigned u~~~~+}*-f{1~1 ,
STEWAR TITLE OF DENTON COUNTY, INC. Nip 1908
, T[~IIa~SpI°
i'
s<
o x.521389 A
rawntxr
581 (Rw. 7 -I E0)
r r t GENERAL CONDITIONS AND STIPULATIONS
1. Definitions Insured w e a purchaser for value without knowledge;
The fol;owing terms when used in this policy mean: or the homestead or community property or survivorship
(a) "land": The land described specifically or by rights, if any, of any spouse of any Insured.
reference, in Schedule A, and improvements affixed thereto
which by law constitute real property. 3. Defense of Actions
(b) "public records": Those records which impart (a) 'n all cases where this policy provides for the defense
constructive notice of matters relating to the land. of any action or proceeding, the Insured shall secure to the
(c) "knowledge": Actual knowledge, not constructive Company the right to so provide defense in such action or
i nowledge, or notice which may be imputed to the Insured proceeding, and all appeals therein, and permit it to use, at
by season of any public records, its option, the name of the Insured for such purpose. When-
(d) "date": The effective date, including hour if specified, ever requested by the Company, the Insured shall give the
(e) "insured": The Insured named in Schedule A and, Company all reasonable aid in any such action or proceeding,
subject to any rights or defenses the Company may have in effecting settlement, securing evidence, obtaining
had against the named Insured or any person or entity who witnesses, or defending such action or proceeding.
succeeds to the interest of such named Insured by operation (b) The Company shall have the right to select counsel
of law as distinguished from purchase, any person or entity of its own choice whenever it is required to defend any
who succeeds to the interest of such named Insured by action or proceeding, and such counsel shall have full control
operation of law as distinguished from purchase including of said defense.
but not limited to the following: (c) Any action taken by the Company for the defense
heirs, devisees, distributees, executors and of the Insured or to establish the title as insured, or both,
administrators; shall not be construed as an admission of liability, and the
(ii) the successors in interest to a corporation resulting Company shall not thereby be held to concede liability or
from merger or consolidation or the distribution of the assets waive any provision of this policy.
of such corporation soon partial cr rnmolete liquidation;
(iii) the partnership r.caessors in interest to a general 4. Payment of Loss
or limited partnership which dissolve; but dces not terminate; (a) No claim shall arise or be maintainable under this
Ov) the successors in interest to a general or limited policy for liability voluntarily assumed by the Insured in
partnership resulting from the distribution of the assets of settling any claim or suit without written consent of the
such general or limited partnership upon partial or complete Company.
liquidation; (b) All payments under this policy, except payments
(v) the successors in interest to a joint venture made for costs, attorney fees and expenses, shall reduce the
resulting from the distribution of the assets of such joint amount of the insurance pro Canto; and the amount of this
venture upon partial or complete liquidation; policy shall be reduced by any amount the Company may
NO the successor or substitute trustee of a trustee pay under any policy insuring the validity or priority of any
named in a written trust instrument; or lien excepted to herein or any instrument hereafter executed
(vii) the successors in interest to a trustee or trust by the Insured which is a charge or lien on the land, and the
resulting from the distribution of all or part of the assets of amount so paid shall be deemed a payment to the Insured
such trust to the beneficiaries thereof. under this policy.
(c) The Company shall have thc: option to pay or settle
2. Exclusions from tV.e Coverage of this Policy or compromise for or in the name of the Insured any claim
This policy does not insure against loss or damage by insured against by this policy, and such payment or tender of
reason of the following: payment, together with all costs, attorney fees and expenses
(a) The refusal of any person to purchase, lease or lend which the Company is obligated hereunder to pay, shall
money on the land. terminate all liability of the Compuny hereunder as to such
(b) Governmental rights of police power or eminent claim. Further, the payment or vender of payment of the
domain unless notice of the exercise of such rights appears in full amount of this policy by the Company shall terminate
the public records at the date hereof; and the consequences all liability of the Company under tiis policy.
of any law, ordinance or governmental reguht'nn including, (d) Whenever the Company shall have settled a claim
but not limited to, building and zoning ordinances. under this policy, all right of subrogation shall vest in the
jc) Any titles or rights asserted by anyone including, Company unaffected by any act of the Insured, and it shall
but not limited to, persons, corporations, governments or be subrogated to and be entitled to all rights and remedies of
other entities to tidelands, or lands comprising the shores or the Insured against any person or property in respect to such
beds of navigable or perennial rivers and streams, lakes, bays, claim. The Insured, if requester) by the Company, shall
gulfs or oceans, or to any land extending from the line of transfer to the Company all rights and remedies against any
mean low tide to the line of vegetation, or to lands beyond person or property nece,sary in order to perfect such right
the tine of the harbor or bulkhead lines as established or of subrogation, and sha'I permit the Company to use the
changed by any government, or to filled- n lands, or artificial name of the Insured in any transaction or litigation
islands, or to riparian rights, or the right: or interests of the involving such rights or remedies.
State of Texas or the public generally in the area extending
from the line of mean low tide to the line of vegation or their S. Policy Entire Contract
right of access thereto, or right of easement along and across Any action, actions cr rights of action that the Insured
the same, may have, or may bring, against the Company, ;arising out of
(d) Defects, liens, encumbrances, adverse claims against the status of the title insured hereunder, must be based on
the title as insured or other matters (1) created, suffered, the provisions of this policy, and all notices required to be
assumed or agreed to by the Insured at the date of this policy, given the Company, and any statement in writing required to
or (2) known to the lnsur,?d at the date of this policy unless be furnished the Company, shall be addressed to it at P. 0.
disclosure thereof in writing by the Insured shall have been Box 2029, Houston, Texas 77001.
made to the Company prior to the date of this policy; or loss
or damage which would not have been sustained if the 6. Phis policy is not transferable.
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T 1 Omer; Policy'khedvlef Pa•m Pre.cit red by State Board of inwr3nce of Texas - 1910
Ifl-12/13/82 SCHEDULE A
GF No. B-8958 a
Owner Policy No.: 0 1521389 A Date of Policy: December 13, 1982
NAME INSURED:
THE CITY OF DENTON, TEXAS.
Amount of:
FOUR HUNDRED THOUSAND AND N01100 ($400,000.00) DOLLARS.
1. The estate or interest in the land insured by this policy is: (Fee Simple, LPasehold, Easement, Etc. Identify or Describe)
FEE SIMPLE.
2. The land referred to in this policy is described as follows:
SEE ATTACHED "EXHIBIT A" FOR LEGAL DESCRIPTION.
511' F1N•.% it'll 11111111I.:
(A ee.NTY cONlra NT
5812
L1 0+vners Forty Scheiz:,i - Form Pie9cntrC kv Stau. Baird of Irsv,ancr o! Te.an - Revised 7 1-198)
SCHEDULES '
Policy No: 0 1521389 A
This policy is sub)ect to the Conditions and ShpuIatrons hereof, the terms and conditions of the leases or
easements insured, if any, shown in Schedule A. and to the following mailers which are adl+Lonal except or•s
from the coverage of this policy,
1. Restrictive covenants affecting the land described or referred to above
2, Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments. or any
overlapping of improvements
1 Taxes for the year 19 83 and subsequent years and subsequent assessments for prior years due to
change in land usage cr ownership.
4. The following lien(s) and all terms provisions and cond,lions of the instrurnent(s) creating or evidencing
said lien(s) NONE.
5, Rights of parties in possession.
6. That portion on the West lying in the Mayhill Road; Road easement along the North;
Power poles and lines; Guy easements; protrusion of fences beyond property lines;
protrusion of property lines beyond fences; and City of Denton easements all as
shown on Survey dated October 25, 1982 by Gary W. Hammett, Registered Public
Surveyor.
7. Any discrepancies in fences due to confluence of creek.
8. Any drainage easements in creek located on said property.
9. Road easement dated August 30, 1961 executed by W.T. Evers et al to the City of
Denton recorded in Volume 472, Page 263, Deed Records, Denton County, Texas.
SEE ATTACHED "EXHIBIT B" FOR CONTINUING EXCEPTIONS.
Countersigned
STEWART TL£ OF DENTON C * a NC.
...//////ffflll 5TEAVA12F1 TITLE
9y~ ~_f cUABANrY COMPANY
Arihonted Counten~gnatun
5913
Conlo wal,on Fo,m "J A•T
Atjachcd to and made a part of Stewart Title Guaranty Company Policy No. 0 1521°8q A
Continuation 4 Schedule A 4
"MIBIT A"
TRACT ONE:
.All that certain tract or parcel of land situated in the Gideon
Walker Survey, Abstract 1330, Denton County, Texas, being a part
of a certain (called) 430.140 acre tract described in a deed from
Henry S. Miller Co., Trustee to Lotta E. Callahan on the 2nd day
of August, 1977, recorded in Volume 847, Pare 690, Deed Records
of said County, and being more fully described as follows:
BEGINNING at a steel pin at the West Southwest corner of said
430.140 acre tract in Mayhill Road and at the Southeast corner of
the MEP & PRR Co. Survey, Abstract 927;
TiC; CE, N. 2° 58 37" E. with said Survey line and the most
Westerly boundary line of said 430.140 acre tract in Mayhill
Road, a distance of 751.63 feet to an iron pin at a mid-Northwest
corner of said tract;
THENCE S. 88° 06' 15" E. with a fence and the North line of a
road a distance of 2641.17 feet to an iron pin and fence corner
at an inner ell corner of said tract at~d a bend in said road;
THENCE S. 38° 23' 20" E. with a fence and a Northeaster'y line of
said road a distance of 61.96 feet to a steel pin on a Northerly
boundary line of a City of Denton Sewage Treatment Plant tract
described in a deed from W. T. Evers et al in Volume 463, Page
260, Deed Records of Denton County, Texas;
THENCE S. 49° 38' W. with a North boundary line of said City
Tract a distance of 11.88 feet to a steel pin at an angle;
THENCE N. 88° 06' W. a distance of 60.0 feet to a steel pin at
the West Northwest corner of said City of Denton Tract;
THENCE S. 1° 54' W. along and near a fence a distance of 709.0 to
a steel pin and fence corner at Southwest corner of said City of
Denton Tract;
THENCE N. 87° 50' 41" W, with a fence and a South boundary line
of said 430.140 acre tract a distance of 693.69 feet to a steel
pin at a fence corner angle;
THENCE N. 87° 49' 09" W. with a fence a distance of 1932.91 feet
to the Point of Beginning and containing 45.648 acres of land.
TRACT TWO:
All that certain tract or parcel of land situated in the Gideon
Walker Survey, Abstract 1330, Denton County, Texas, being a part
of a certain (called) 430.140 acre tract described in a deed from
Henry S. Miller Co., Trustee to Lotta E. Callahan on the 2nd day
of August, 1977, recorded in Volume 847, Page 690, Deed Records
of said County, and being wore fully described as follows:
CONTINUED ON PAGE 4
5Tt'„~•II LCI£ 6U~,^.t'.TY !r:,'r'ANY,
Pct cr No. 152138 A
coNnNU',I + ar SC+$ E A
COUNTS' 0'I£0
STiM 1 TLE OE Duiej:4
C N
BY
A ORIIED COJNTERSIGNATURE
Pape ---1,
6VARANTY *:OXVANT
Conhniat,on Form 203 A-T
Attachecr to and made a part of Stewart Title Gwaranty•Comlxiny Policy No. 0 1521389 A
Continuation of Schedule A '
CONTINUED FROM PAGE 3 "EXHIBIT A" '
BEGINNING at a steel pin at the Southeast corner of a City of
Denton Sewage Treatment Plant Tract described in a deed from W.
T. Evers, et al to City of Denton on December 12, 1960 and
recorded in Volume 463, Page 260, Deed Records of Denton County,
Texas, and an inner Southwest corner of said 430.140 acre tract;
THENCE N. 1° 54' E. along and near a fence a distance of 980.70
feet to a steel pin and fence corner at the East Northeast corner
of said City of Denton Tract;
THENCE. Westerly with the North boundary line of said City Tract
the following 5 bearings and distances: (1) N. 76° 06' W. 220.0
feet (2) N. 1° 54' E. 215.0 feet (3) S. 67° 54' W. 388.7 feet (4)
S. 1° 54' W. 42.50 feet (5) S. 49° 38' W. 285.42 feet to a steel
pin on the Northeasterly line of a road;
THENCE N. 38° 23' 20" W. with a fence and the Northeast line of
said road a distance of 61.96 feet to a steel pin and fence
corner at an inner ell corrler of said 430.140 acre tract;
THENCE N. 1° 20' 58" E. with a West boundary line of said tract
along and near a fence a distance of 287.56 feet to a corner in
Pecan Creek;
THENCE Easterly and Southerly with the middle of Pecan Creek the
folloting 17 courses and distances: (1) S. 60° 18' 06" E.
157.38 feet (2) N. 71° 18' 35" E. 518.28 feet (3) S. 71° 41' 41"
E. 173.01 feet (4) S. 67° 48' 26" E. 297.75 feet (5) S. 49° 16'
23" E. 79.11 feet (6) S. 8° 35' 49" E. 243.12 feet (7) S. 31° 49'
18" E. 169.01 feet (8) S. 85° 55' 18" E. 223.65 feet (9) S. 44°
19' 49" E. 137.92 feet (10) S. 48° 06' 12" E. 242.88 feet (11) S.
42° 28' 28" E. 89.0 feet (12) S. 6° 04' 26" W. 108.62 feet (13)
S. 25° 15' 45" W. 70.50 feet (14) S."51° 44' 51" W. 187.94 feet
(15) S. 12° 43' 27" W. 301.18 feet (16) S. 52° 11' 17" W. 93.32
feet (17) S. 41° 41' 08" W. 244.97 feet to a corner in said
Pecan Creek on a South boundary line of said 430.140 acre tract;
THENCE N. 48° 52' 43" W. along and near a fence a distance of
712,26 feet to the Point of Beginning and containing in all
25.733 acres of land.
S
Allt$1Ir11 TO A', VOff A PART OF
A?1",Vh'iT TITLE GU1^f.'iTY CONPANT
POLICY V% 0 1521389 A
r1 N10 tlc:I OF SCHEOUEE A
rno+ SIGNED
I?V 1 TLikE OF DEN
L Y,
Page :.4... AUTHORIZED COUNTERSIGNATURF.
'I' I: VA It'i' 'I` IT L E,
UtJA RAN7Y COMPANY
Cun Iinu at. on Forni ,,oj oi,I
1 •
• Attached to and made apart of StEwart Tide Guaranty Company Policy No. 0 1521389.4 y
is
(;bntinuation cf Schedule 4B
"EXHIBIT g"
10. casement dated August 24, 1925, from W. T. Evers to Lone Star
Gas Company, recorded in ol. 199, page 615, Deed Records, Denton
County, Texas.
ll' Easement dated July 14, 1960, from W. T. Evers to Lone Star Gas
Company, recorded in Vol. 460, page 89, Deed Records, Denton
County, Texas.
12 Easement dated ?arch 3, 1925, from George W. Clark to Lone Star
Gas Company, recorded in Vol. 199, page 612, Deed Records, Denton
County, Texas.
13• Easement dared October 18, 1949 from W. T. Evers to Texas Power
and Light Company, recorded in Vol. 355, page 519, Deed Records,
Denton County, Texas.
141' Easement dated November 10, 1964 from W. T. Evers to Texas Power
and Light Company, recorded it, Vol. 516, page 610, Deed Records,
Denton County, Texas.
15 Easement dated April 11, 1967, from Felix W. Callahan et ux to
Texas Power and Light Company, recorded in Vol. 549, page 661,
Deed Records, Denton County, Texas.
16 Lease agreement dated November 7, 1966, from Lotta E. Callahan et
vir, to Lone Star Gas Co., recorded in Vol. 545, page 31, Deed
Records, Denton County, Texas.
17 Easement dated February 15, 1952 from Will Evers to Texas Power
'and Light Company, recorded in Vol. 372, page 583, Deed Records,
Denton County, Texas.
18. Easement dated July 14, 1960, from W, T. Evers to Lone Star Gas
Company, recorded in Vol. 460, page 90, Deed Records, Denton
County, Texas.
19. Easement dated March 29, 1955, from Kt. T. Evers to Lone Star Gas
Company, recorded in Vol. 410, page 169, Deed Records, Denton
County, Texas.
20. Mineral' interest as set out it. Partition Deed between Jessie E. King
et vir, Kenneth N,. King and Lotta E. Callahan et vir Felix W.
Callahan dated February 10, 1965, recorded in Vol. 519, page 518,
Deed Records, Denton County, Texas, as modified by Partition
Agreement between Jessie E. King and Kenneth M. King and Lotta
E. Callahan and Felix W. Callahan dated July 15, 1970, and filed
August 14, 1970, recorded in Vol. 606, page 250, Deed Records,
Denton County, Texas.
21. Easement dated June 24, 1970, executed by Lotta E. Callahan et vir
Felix W. Callahan to Lone Star Gas Company, filed July 21, 1970
under clerk's file #6314.
22. Easement dated December 18, 1973 executed by Henry S. Miller Company,
Trustee to City of Denton, recorded in Vol. 695, page 350, Deed
Records, Denton County, Texas.
23. Easement dated September 22, 1978 executed by Lotta E. Callahan et
Fr
vir Felix W. Callahan to City of Denton, recorded in Vol. 914, page
522, Deed Records, Denton County, Texas.
24. Easement dated executed by Lotta E. Callahan et al to
City of Denton, recorded in Vol. 1128, page 982, Deed Records, Denton
County, Texas.
25. Easement dated executed by Lotta E. Callahan et al to
City of Denton, recorded in Vol. 1126, page 988, Deed Records, Denton
County, Texas.
I IT'f +F t,J n"m 'CAPE A PRAT OF
Sit,k- T tRE G!'S-RANTY CC0.'PANY
FOrITYInl CSL~i+~uBiE AB
FAG!~TE ,i NED
n1FY .1 1? .Of NO
C 'J4
174
AUMUPIUD COUNTERSIGNATURE
pe" .-5
S`1AFaAVA11T TITL1
OUARANTT COMPANY '
1. 1
4
•fiXl,}i
T
R E S 0 L_U T I 0 N 1
WHEREAS, the City Council of the City of Denton has hereto-
fore determined the necessity for and ordered the acquisition by
the City of Denton of the hereinafter described right, title and it'
interest in the land hereinafter described; and,
~t
WHEREAS, the City of Denton has been unable to agree and
cannot agree with the owner upon the value of the hereinafter
described right, title and interest in the hereinafter described
land situated in the City of Denton, Denton County, Texas, NOW,
I
j THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXJS:
I
SECTION I.
The City Council hereby finds and determines that it is
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
acquire the right, title and interest in the hereinafter
described property.
SECTION II.
The City Attorney of the City of Denton, Texas, is hereby
authorized and directed to bring condemnation proceeding to
obtain the fee simple title, including all improvements thereof,
to the following tract of land situated in Denton County, Texas:
All that certain 0.157 acre tract or parcel of land situated in
the B.B.B. 6 C.R.R. Co. Survey, Abstract No. 186, Denton County,
Texas, laid tract being part of a tract shown by deed to B. M.
Ennis and recorded in Volume 1001, Page 542, of the Deed Records
of Denton County and being more particularly described as
h follows:
+ BEGINNING for the northwest corner of the tract being described
t herein at a mark found in the concrete at the northwest corner
of said Ennis Tract;
THENCE south 8804715011 east 271.39 feet to the northeast
corner of a brick column;
THENCE south 020141S911 west 25.82 feet to an iron pin set in
the ground on the south line of proposed Windsor Drive;
THENCE north 6802712711 west with the south line of said
proposed road 148.S3 feet to an iron pin set in the ground;
I
WINDSOR DRIVE/B. M. ENNIS, ET UX 1
PAGE ONE
1
THENCE north 890J0'3211 west with the south line of said
proposed road 122.40 feet to an iron pin set in the ground;
THENCE north 01012149" east 25.39 feet to the point of
beginning.
for street and utility purposes; with the title thereto vesting
in the City of, Denton; however, there is excluded from said
estate to be condemned all the oil, gas and sulpher which can be
removed from beneath said land without any right whatever }
xa
remaining to the owner of said oil, gas and sulpher of ingress
and egress to or from the surface of said land for the purpose
3~3 of exploring, developing, drilling or mining the same.
i
SECTION III.
This Resolution shall become effective from and after its
date of passage.
PASSED AND APPROVED this the day of December, 1982.
4OF 0 . S , YOR
D NTON
ATTBS
I E T
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
ell
BY:
WINDSOR DRIWABA. M. HNNIS, ET UX
PAGE TWO
1~ !I
_ 0
~O
6~
1
1.
R E S O L U T I O N
WHEREAS, the City Council of the City of Denton has hereto-
fore determ'.ned the necessity for disposing of the real property
hereinafter described; and
WHEREAS, after due notice as required by law, competitive
bids were received by the City of Denton; and .;a
iq
WHEREAS, the highest bid received was for Five Thousand One
Hundred Dollars ($5,100.00), from McMahan Tire & Supply Co.,
Inc./Mcliahan Oil Co.; and
WHEREAS, the City Council hereby finds and determines that
the reasonable and fair market value of such property is Five'.
Thousand One Hundred Dollars ($5,100.00)=
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
i CITY OF DENTON, TEXAS:
:
S SECTION I.
y'S The bid for Five Thousand One Hundred Dollars ($5,100.00) by
McMahan Tire & Supply Co., Inc./McMahan Oil Co. is hereby
:E accepted,
SECTION II.
i
The Mayor is hereby authorized to execute on behalf of the
j
City of Denton, Texas a quitclaim deed conveying the hereinafter
described property to McMahan Tire & Supply Co., Inc./McMahan
Oil Co., to-wit:
` All that certain tract or parcel of land situated in the B.B.B.
& C.R.R. Survey, Abstract No. 185, Denton County, Texas, and
being a part of that certain tract deeded by J. A. Carroll to
the Missouri, Kansas and Texas R.R. Co. on October 9, 18851
recorded in Volume 28, Page 403, Deed Records of Denton County
` and being more fully described as follows:
BE(;INNING at the northwest corner of Block 14 of the B.H.B. &
C..2.R. Survey, Abstract No. 1851
0H THENCE north 89021119" east 285.55 feet to the east right of
;fi way of 60 foot road, an iron pin, the true point of beginnin4l
THENCE north 89021119" east 27.21 feet to a point 50.0 feet
from the center line of the main tract of T & P R.R., a 60 penny
tk nail in the crosstiel
5 THENCE with a curve to the left whose tangent bearing is south
20054136" west and radius is 1959.86 feet a distance of 325.55
feet to an iron pin;
PAGE ONE
i
pff3n,
Emil E! 111
I
r
.
.
_.,.,..~..r.-~~.,
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THENCE south 89018150" west 121.17 feet to the east right of
way of a 60 foot road, a railroad spike driven in a concrete ;
slab;
THENCE north 30028' east with said right of way 363.7 feet to
the true point of beginning and containing 0.497 acres of land,
more or less.
CONDITIONS: If and when development occurs on this site, a
minimum twenty-five foot (251) front yard setback is required,
and all City of Denton Rules and Regulations, Specifications and
Ordinances shall be applicable.
SECTION III.l
The City of Denton is hereby authorized to pay its share of ;N
the necessary and reasonable cost of closing as required by the
advertisement for bid. ,I
A0
PASSED AND APPROVED this the day of , 1982. w'•k
I HA D STEWA T, MA 0
CI OF NTON
444. •A
` ATTES s
v ICKI WE TLING
4
DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS
'i APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BYt y
17-
td PAGE TWO
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R E S 0 L U T I 0 N
BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the Mayor of the City of Denton, Texas, be and he is
hereby authorized and directed, to execute on behalf of the City
of Denton, Texas, a contract between Taylor-Hall Construction
Company, Inc. and the City of Denton, Texas concerning the
renovation of the old fire station for a central police
station. A copy of which is attached hereto, and made a part
hereof, for all purposes.
SECTION II.
The City Manager, be and he is hereby authorized to employ
' the necessary employees, contractors, or supervisors to take
o'ier and manage the completion of the renovation of the old fire
station for a central police station.
y PASSED AND APPROVED this the 2nd day of December, 1962.
y. ~
.i,
I HARD 0 STEWA T, MAYOR a
CI 7Y OF D NTON, TEXAS
Z ATTES :
c
I WE TLING
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR „ CITY ATTORNEY A:
CITY OF DENTON, TEXAS
BY 1
E'G
LONDON
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1.~ / ~ ~ i R by
I THE STATE OF TEXAS §
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
~
WHEREAS the City of Denton, as the Owner, and Taylor-Hall
Construction Company, as the General Contractor, entered into a
contract dated August 26, 1982 for tts renovation of the old
S
fire station for a central police station in the total amount of
One Million Eighty-Ninj Thousand Nine Hundred Dollars; and
a
x
WHEREAS, the performance and payment bonds submitted by sl
Taylor-Hall Construction Company, Inc. have been determined,
through no fault of Taylor-Hall Construction Company, Inc„ or fix
the City of Denton, Texas, to be insufficient under the bid
documents, the contract documents, and the charter and laws of
the State of Texas; and
WHEREAS, Taylor-Ffall Construction Company, Inc. has been
unable after due diligence to submit a Performance and Payment
k Bond satisfactory to the City of Denton, Texas for the
completion of the above described project; now, therefore, in Fi
consideration of the payments and agreements, herein set forth,
the parties mutually agree as follows:
1. Taylor-Hall Construction Company, Inc. hereby voluntarily j
releases, transfers and conveys to the City of Denton, Texas all
of its right, title, and interest in and to t~e construction ,
a v ~
contract dated August 26, 1982 between the City of Denton, Texas
r, 4
and Taylor-Hall Construction Company, Inc. for the renovation o£}±
the old fire station for a central police station in the City of ra
Denton, Texas.
2. Taylor-Hall Construction Company, Inc. hereby voluntarily
relases, transfers and conveys to the City of Denton, Texas all
of its right, title and interest in and to all subcontracts
between Taylor-Hall Construction Company, Inc. and the various
subcontractors for work and labor to be performed on the
contract for the renovation of the old fire station for a
central police station, including all contracts for the purchase
of supplies and materials for the above described construction
project.
PAGE ONE
3. The City of Denton and Taylor-Hall. Construction Company,
Inc. hereby agree that Taylor-Hall Construction Company, Inc.
e
has expended the sum of $101,054.53 for labor, materials, and
subcontract payments of which amount Taylor-Hall Construction }
Company, Inc. has already been paid the sum of $57,651.04 by the
City of Denton. Upon the execution and approval of this
agreement, the City of Denton, Texas will pay to Taylor--Hall'
r~ 1
Construction Company, Inc, the sum of $30,403.44 and upon xy!
verification of certain bills the City of Denton will pay to
~s
Taylor-Hall Construction Company, Inc. an additional sum of
$13,000.00; nowever, it is understood and agreed that the City
of Denton will not pay any bill for labor or materials not `i
incorporat,d into the project, which shall constitute full,
payment for all work, labor, and materials incorporated into thr~
above described contract by Taylor-Hall Construction Company,
Inr_. If there is a dispute between Taylor-Hall Construction
Company, Inc. and the architect as to whether or not any bill or
charge for labor or material was actually incorporated into the
construction project, then such dispute shall be submitted to
three arbitrators composed of the attorney for Taylor-Hall Y
{ Construction Company, Inc. and the City Attorney of the City of
Denton, Texas, and one professional engineer licensed in the
" State of Texas selected by the attorney for Taylor-Hall '
Construction Company, Inc and the City Attorney of the City of.
Denton, Texas. The decision of the arbitrators on any given
dispute shall be final and binding on . Taylor-Hall Construction
Company, Inc. and the City of Denton, Texas.
i4? 4. Taylor-Hall Construction Company, Inc. hereby certiE
ies
that all costs and/or bills for all labor and materials
incorporated into the above described project and all costs and
bills for all materials on the project site have been paid for
by Taylor-Hall Construction Company, Inc., except to the extent
that subcontracts are in progress and except for those bills
listed on Exhibit "A" attached hereto and made a part hereof and
any further bills for labor and materials incorporated into the
PAGE TWO
~r
. W11
project arl -,ertified by the architect of the City of Denton as
labor and materials incorporated into the project. Taylor-Hall
Construction Company, Inc. further certifies that there are no
outstanding loans with any banks, savings and loan associations,
insurance company, or other individual, company or association
that would constitute a lien or charge against the project
F
and/or Taylor-Hall Construction Company, Inc.
'p
5. The City of Denton, Texas hereby releases Taylor-Hall le
Construction Company, Inc. from any and all liability for
completion of the above described contract, and Taylor-Hall
r
Construction Company, Inc., hereby waives, releases, and conveys
unto the City of Denton, Texas all of its right, title and
interest in and to the above described contract.
5. The parties hereto agree that in the payments to be made
to Taylor-Hall Construction Company, Inc. there is a bill of
$10,000 which was paid to New Hampshire Insurance Company on
f.
August 9 1982 in `
, payment for the premium for Performance and
Payment Bonds on the project for the renovation of the police
' =s
station, and Taylor-Hall Construction Company, Inc. hereby
transfers and assigns to the City of Denton, Texas all of its a-'
right, title and interest in and to said payment to New
Hampshire Insurance Company and hereby authorizes the City of dy
Denton to file suit against New Hampshire Insurance Company for
the return of such premium payments,
EXECUTED this 2nd day of December, 1982.
CITY OF DENTON, TEXAS TAYLOR-HALL CONSTRUCTION
COMPANY, INC.
`x 1
BY: BY: a Fe_~'
lkc t
I ARD STE RT, MAYO
N TAYLOR, PRESIDENT
ATTEST:
I W STLING
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
PALE THREE
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CITY OF /DENTON, TEXAS
OFFICS OF THE CITY ATTORNEY
MEMORANDUM
C.J. Taylor, Jr., City Attorney
Joe D. Morris, Assistant City Attorney
Robert B. Hunter, Assistant City Attorney
DATE: December 10, 1982 DEC 1 3 ~gg2
TO: Chris Hartung, City Manager
vVicki Westling, Deputy City Secretary
Bill McNary, Director of Finance
Bob Nelson, Director of Utilities
FROM: C. J. Taylor, Jr., City Attorney
SUBJECT: Callahan lawsuit and purchase of a 25,733 and
45.648 acre tracts.
We have closed the purchase of the above property and attach
copies of the following instruments for your files:
1. Resolution of the City Council;
2. Judgment in Cause No. 81-6739-B condemning the full
fee title to the 17,93 acre tract;
3. Closing statement;
4. Warranty Deed conveying the 27.733 and 45.648 acre
tracts; and
5. 14ap of the 27.733 and 45.648 acre tracts.
If you have any questions, please feel free to contact the
undersigned,
C. AY R, R.
CJTJR:js
Attachments
R E S O L U T I O N
WHEREAS, the City of Denton, Texas is the defendant In a
certain Cause of Action No. 81-6739-B styled Felix W. Callahan,
et al v. City of Penton, Texas in the 158th Judicial District
M
Court said Cause of Action involving the title to a 17.93 acre
tract of land described in Volume 463, Page 260 of the Deed
Records of Denton County, Texas and the title to a roadway
easement described in Volume 472, Page 263 of the Deed Records
of Denton County, Texas; and
WHEREAS, the City Council has heretofore instructed and
authorized the City Attorney to institute condemnation
proceedings to acquire the fee simple title to said 17.93. acres
of land and the fee simple title to said roadway easement; and
WHEREAS,, -the City Council has found and determined that it
would be in the best interest of the City of Denton to acquire
approximately 75 acres of land owned by the Plaintiffs in the
above styled and numbered cause situated around and adjacent to
the 17.93 acre tract of land; and
---'WHEREAS;-the City Council finds and determines that it would
be in the best interest of the City of Denton to acquire said
approximate 75 acre tract of land by the institution 'of
condemnation proceedings against Felix W. Callahan, et al to
aquire the fee simple title to said 75 acre tract of land; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
The City Attorney be, and he is hereby authorized and
directed, to enter. into an agreed judgment in Cause No.
81-6739-B styled Felix W. Callahan, et al v. City of Denton,
Texas in the 158th Judicial District Court of. Denton County,
Texas wherein the fee simple title to said 17.93 acres of land
is awarded to the City of Denton, Texas and to further enter
i
into an agreed judgment and/or contract of sale from Felix W.
Callahan, Lotta E. Callahan Ann C. Stark, Robert W. Callahan and
James E. Callahan to acquire the additional 75 acres of land
(approximately) for a total consideration and cost to the City
of Denton of Four Hundred Thousand Dollars ($400,000.00) in
settlement of Cause No. 81-6739-8 and in full payment for said
additional 75 acres of land, the said 75 acres to be conveyed
free and clear of all liens, and the judgment condemning the
17.93 acres in fee ,imple title free and clear of any and all
restrictions and covenants herein above set out in Volume 463,
Page 260 of the Deed Records of Denton County, Texas.
SECTION II.
As further consideration for the conveyance of the above
described additional property, the City of Denton hereby agrees
to construct across Pecan Creek a low water dam in the
approximate cost of Thirty-Three Thousand Dollars ($33,000.00).
SECTION III.
This resolution shall become effective immediately from and
after its date of passage.
PASSED AND APPROVED 'Chis the day of 1982.
RICHARD 0. STEWART, MAYOR
CITY OF DENTON? TEXAS
ATTEST:
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS -
r%
BY: t
/ A
NO. 81-6739-8
FELIX W. CALLAHAN ET AL § IN THE DISTRICT COURT
VS. OF DENTON COUNTY, TEXAS
.7 y
CITY OF DENTON, TEXAS § 158TH JUDICIAL DISTRICT
JUDGMENT
The above-entitled and numbered cause came on for
he f:7 before this court on December 1982. Plaintiffs
Feli:. W. Callahan, Lotta E. Callahan, Ann C. Stark, Robert H.
Callahan, and James E. Callahan appeared by and thcough their
attorneys of record. Defendant and Cross-Plaintiff herein
appeared by and through its attorneys of record.
At that time attorneys for all parties announced that
they had agreed on a settlement of the matters involved in this
suit and that the Citi of Denton is entitled to comdemn the
17.93 acre tract of land. Pursuant to the agreement Defendant
and Cross-Plaintiff, City of Denton, Texas has agreed to build a
low water dam across Pecan Creek at its expense within
one-hundred and twenty (120) days from date hereof, and to pay
plaintiffs $400,000.00 in full and complete settleme:nt of the
asserted ^auses of plaintiffs and in full payment for a 25.733
acre tract of land and a 45.648 acre tract of 'Land to be
conveyed to the City of Denton, Texas by Warranty Deeds.
The Court, on request of the parties, finds that it has
jurisdiction of the parties and subject matter of this suit,
that there is a bonafide dispute between the parti?s; that the
settlement herein is fair, reasonable, and just; and that it
would be in the best interest of the parties if the court
approved the settlement and rendered judgment accordingly.
It is therefore adjudged:
1. Upon the execution and del,•nrv of a
warranty 'deed conveying a 25.733 acre
tract of land and a 45.648 acre tract of
land to the City of Denton, Texas,
i
JUDGMENT FOR PLAINTIFFS-PAGE ONE i
That plaintiffs Felix W. Callahan, Lotta
E. Callahan, Ann C. Stark, Robert W.
Callahan, and James E. Callahan recover
from Defendant and Cross-Plaintiff, the
City of Denton, Texas the sum of
$400,000.00.
2. That the City of Denton, Texas do have
and recover from the Plaintiffs Felix W.
Callahan, Lotta E. Callahan, Ann C.
Stark, Robert W. Callahan, and James E.
Callahan, the full fee simple title,
excluding oil, gas, and mineral interest,
to the following described tract of land
situated in Denton County, Texas to-wit:
A tract or parcel of land situated in Denton County,
Texas, on Pecan Creek, about 4 miles Southeast from Denton, and
being a part of the Gideon Walker 2/3 League Sucvey, Patented
October 8, 1845, Patent No. 42, Volume 4, and more particularly
described as follows:
BEGINNING at a stare at the Southeast corner
of a 40.93 acre tract, conveyed by W. L.
Henson and Jewel C. Henson to Wm. T. Evers
October 7, 1924;
THENCE West with the South line of the tract
a distance of 695.00 feet, to a point that is
the Southwest corner of this tract, being 15
feet West of a stake that is on the said
South line;
THENCE North 709.00 feet to a point for the
Northwest corner of this tract; being 50 feet
South and 15 feet West of the Southeast
corner of a tract belonging to Calvin Gabbert;
THEi.CE East 75.00 feet to a stake;
THENCE North 470 44' East 297.3 feet to a
stake;
THENCE North 42.5 feet, to a stake on the
bank of Pecan Creek;
,mviCE with the bank of Pecan Creek North
660 00' East, 3^08.7 feet to a stake;
THENCE South 213.00 feet to a stake;
THENCE South 780 00' East, 204.66 feet, to
a point;
THENCE South 974.75 feet to a point in the
South boundary line of. Wm. T. Evers land, and
the North line of the N. T. Wilkerson land;
THENCE North 510 30' West, 198.3 feet to
the p<jfnt of beginning, containing 17.93
acres. more or less.
3. That costs of suit be taxed against the
City of Denton, and that the City of
Denton may have its writ of possession.
JUDGMENT FOR PLAINTIFFS-PAGE TWO
M
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1 ~
SIGNED AND ENTERED this day of December, 1982.
Judge John Narsutis
Judge of the 158th
Judicial District'Court,
Denton County, Texas
APPROVED:
PHIr.Tnlz, WHITE, DAVIDGE, GRIFFIN,
SHEL '%ND EA{M/ES l}1
BY:
ATTORNEYS FOR PLAINTIFFS
C . J. ALO J`` , CI ORrlEY
ATTORNEY FOR DL*FENDANIt AND CROSS-
PLAINTIFF, CITY OF DENTON, TEXAS
FELIX W. CALLAHAN. Plaintiff
LOTTA E. CALLAHAN, Plaintiff
JAC--bS E. CALLAI-IAAN, Plaintiff
ANN C. STARK, Plaintiff
ie._.. e .
FELIX ;,,T. CALLAHAN,
Her Attorney-in-Fact
ROBERT 1,07. CALLAEiAN, Plaintiff
By:
FELIX W. CALUUUN
His Attorney-in-Fact
JUDGMENT FOR PLAINTIFFS-PAGE THRFE
STEWART TITLE
PURCHASER'S STATEMEi"Tt •
X2- r ~
GATE: /'Z'"/0 ~XL GF No,:
SALE FROM:_4 Z_A . T0: ~4V 4~
PROPERTY 115.6v° -2 5733 At • 1~~~~~1 /.33d
PURCHASE PRICE
PLUS: CHARGES
Filing fees to County Clerk:
WO /3.402 REL_ DT TSF
AFF__
Loan Charges and Fees Due to
Appr, Fee Cr, Rep, Photo
Orig. Fee -I nsp. Fee $
S
Loan Transfer Fee or Assumption Fee S
Fees to STe- Title Company
Title Policy: Owner Mortgagee Binder
Escrow S•av Restrictions
S o J
Tax Certificates:
State and County S
City and School $
Other S
Survey Fee to S
Attorney's fees for preparation of papers to S
S _
Flood Insurance premium to S
Hazard Insurance premium to _ S
Tax and Insurance escrowed with _ S
mos. tax deposit @ per mo.
mos. hazard insurance @ per mo.
mos. flood insurance @ pt.r ;no,
mos. mortgage insurance @ per mo. S_
S
Interest from to S
S
Proration of hazard insurance from to _ $
Proration of flood insurance from to _ $
Maintenance charge proration from to _ S
Tax proration from to S_
S
Escrowed accounts with lender purchased from Seller $
S
TOTAL CHARGES S a~oa
GROSS AMOUNT DUE BY PURCHASER azc~ O Z)
LESS: CREDITS
Down payment or earnest money paid to $ _
Loan from _ S
Note assumed $
Interest proration from to . $
Tax proration from !L QaJ~ to AI'P-/,b $
0 $
Rent proration from to $
Other Credit $ _
S
$
$
TOTAL CREOITS S
BALANCE DUE BY/TO PURCHASERS 5e0040,:?ROZ)
Purchaser understands the closing or Escrow Agent has assernh ed this infurmadon representing the transaction from the best information
available from other sanrces and cannot guarantee the accuracy Cher. of. Any real estate agent or lender involved may be furnished a copy of this
Statement.
Purchaser understands rhat tax and insurance proraticIns and reserves were based on figures for the preceding yyear or supplied by others or
estimates for current ,ear, and in the event of any change for current year, all necessary adjustments must be made betwten Purchaser and Seller
direct.
The undersigned hereby authorizes 5 r5-7w A-9-7- TI T~ C to make expenditures and disbursements as shown above and
approves same for payment, The undersigned also acknowledges receipt of Loan funds, if applicable, in theamount shown above and receipt ofa copy
of this Statement:
CLOSING OR ESCROW AGENT ADDRFSS
. i
WARRANTY DEED
THE STATE OF TEXAS S
S KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON 4
That we, FELIX W. CALLAHAN and wife, LOTTA E. CALLAHAN, of
Denton County, Texas, and JAMES E. CALI.AHAN of Denton County,
Texas, ANN C. STARK of Bee County, Texas, and ROBERT W. CALLAHAN
of Pierce County, Washington, not joined by our spouses because
the hereinafter described property consitututes no part of our
homeste2ads and is our sole and separate: property, for and ii con-
sideration of the suio of TEN AND NO/100 ($10.00) DOLLARS and
other valuable consideration to this undersigned paid by the
Grantee herein named, the receipt of which is hereby acknow-
ledged, have GRANTED, SOLD AND CONVEYED, and by these presents do
GRANT, SELL AND CONVEY unto CITY OF DENTON, TEXAS, a municipal
corporation, Grantee herein, of the County of Denton, State of
Texas whose mailing address is Municipal Building, 215 E.
McKinney, Denton, Texas 76201, all of the following described
real property in Denton County, Texas, to-wit:
TRACT ONE:
.All that certain tract or parcel of land situated in the Gideon
Walker Survey, Abstract 1330, Denton County, Texas, being a part
of a certain (called) 430.140 acre tract described in a deed from
Henry S. Miller Co., Trustee to Lotta Callahan on the 2nd day
of August, 1977, recorded in Volume 847, Page 690, Deed Records
of said County, and being more fully described as follows:
BEGINNING at a steel pin at the West Southwest corner of said
430.140 acre tract in Mayhill Road and at the Southeast corner of
the MEP & PRR Co. Survey, Abstract 927;
THENCE N. 2° 58' 37" E. with said Survey line and the most
Westerly boundary line of said 430.140 acre tract in Mayhill
Road, a distance of 751.63 feet to an iron pin at a mid-Northwest
corner of said tract;
THENCE S. 88° 06' 15" E. with a fence and the North line of a
road a distance of 2641.17 feet to an iron pin and fence corner
at an inner ell corner of said tract and a rend in said road;
THENCE S. 38° 23' 20" E. with a fence ar.d a Northeasterly line of
said road a distance of 61.96 feet to a steel pin on a Northerly
boundary line of a City of Denton Sewage. Treatment Plant tract
described in a deed from W. T. Evers et al in Volume 463, Page
260, Deed Records of Denton County, Texas;
THENCE S. 49° 38' W. with a North boundary line of said City
Tract a distance of 11.88 feet to a steel pin at an angle;
• 1•
1
THENCE N. 88° 06' W. a distance of 60.0 feet to a steel pin at
the West Northwest corner of said City of Denton Tract;
THENCE S. 1° 54' W. along and near a fence a distance of 709.0 to
a steel pin and fence corner at Southwest corner of said City of
Denton Tract;
THENCE N. 87° 50' 41" W. with a fence and a Sputh boundary line
of said 430.140 acre tract a distance of 693.69 feet to a steel
pin it a fence corner angle;
THENCE N. 87° 49' 09" W. with a fence a distance of 1932.91 feet
to the Point of Beginning and containing 45.648 acres of land.
TRACT TWO:
All that certain tract or parcel of land situated in the Gideon
Walker Survey, Abstract 1330, Denton County, Texas, being a part
of a certain (called) 430.140 acre tract described in a deed free
Henry S. Miller Co., Trustee to Lotta E. Callahan on the 2nd day
of August, 1977, recorded in Volume 847, Page 690, Deed Records
of said County, and being more fully described as follows:
BEGINNING at a steel pin at the Southeast corner of a City of
Denton Sewage Treatment Plant Tract described in a deed from W.
T. Evers, et al to City of Denton on December 12, 1960 and
recorded in Volume 463, Page 260, Deed Records of Denton County,
Texas, and an inner Southwest corner of said 430.140 acre tract;
THENCE N. 1° 54' E. along and near a fence a distance of 980.70
feet to a steel pin and fence corner at the East Northeast corner
of said City of Denton Tract;
THENCE Westerly with the North boundary line of said City Tract
the following 5 bearings and distances: (1) N. 76° 06' W. 220.0
feet (2) N. 1° 54' E. 215.0 feet (3) S. 67° 54' W. 388.7 feet (4)
S. 1° 54' W. 42.50 feet (5) S. 49° 38' W. 285.42 feet to a steel
pin on the Northeasterly line-of-a road;
THENCE N. 38° 23' 20" W. with a fence and the Northeast line of
said road a distance of 61.96 feet to a steel pin and fence
corner at an inner ell corner of said 430.140 acre tract;
THENCE N. 1° 20' 58" E. with a West boundary line of said tract
along and near a fence a distance of 287.56 feet to a corner in
Pecan Creek;
THENCE Easterly and Southerly with the middle of Pecan Creek the
following 17 courses and distances: (1) S. 60° 18' 06" E.
157.38 feet (2) N. 71° 18' 35" E. 518.28 feet (3) S. 71° 41' 41
E. 173.01 feet (4) S. 67° 48' 26" E. 297.75 feet (5) S. 49° 16'
23" E. 79.11 feet (6) S. 8° 35' 49" E. 243.12 feet (7) S. 31° 49'
18" E. 169.01 feet (8) S. 85° 55' 18" E. 223.65 feet (9) S. 44°
19' 49" E. 137.92 feat (10) S. 48° 06' 12" E. 242.88 feet (11) S.
42° 28' 28" E. 89.0 feet (12) S. 6° 04' 26" W. 108.62 feet (13)
S. 25° 15' 45" W..70.50 feet (14)-S. 51° 44' 51" W. 187.94 feet
(15) S. 12° 43' 27" W. 301.18 feet (16) S. 52° 11' 17"W. 93.32
feet (17) S. 41° 41' 08" W. 244.97 feet to a corner in said
Pecan Creek on a South boundary line-of said 430.140 acre tract;
THE14CE N. 48° 52' 43" W. along and near a fence A distance of
712.26 feet to the Point of Beginning and containing in all
25.733 acres of land.
THIS CONVEYANCE IS SUBJECT TO THE FOLLOWING:
1. Easement dated August 24, 1925, from W. T. Evers to Lone Star
Gas Company, recorded in Vol. 199, page 615, Deed Recordfi,
Denton County, Texas.
WARRANTY DEED, Page Two
2. Easement dated July 14, 1960, from W. T. Evers to Lone Star
Gas Company, recorded in Vol. 460, page 89, Deed Records,
Denton County, Texas.
3. Easement dated March 3, 1925, from George W. Clark to Lone
Star Gas Company, recorded in Vol. 199, page 612, Deed
Records, Denton'County, Texas.
4. Easement dated October 18, 1949 from W. T. Evers to Texas
Power and Light Company, recorded in Vol. 355, page 519,
Deed Records, Denton County, Texas.
5. Easement dated No,,ember 10, 1964, from W. T. Evers to Texas
Power and Light Company, recorded in Vol. 516, page 610,
Deed Records, Denton County, Texas.
6. Easement dated April. 11, 1967, from Felix W. Callahan et ux
to Texas Power and Light Company, recorded in Vol. 549, page
661, Deed Records, Denton County, Texas.
7. Lease agreement dated November 7, 1966, from Lotta E.
Callahan et vir, to Lone Star Gas Co., recorded in Vol. 545,
page 31, Deed Records, Denton County, Texas.
8. Easement dated February 15, 1952 from Will Evers to Texas
Power and Light Company, recorded in Vol. 372, page 583,
Deed Records, Denton County, Texas.
9. Easement dated July 14, 1960, from W. T. Evers to Lone Star
Gas Company, recorded in Vol. 460, page 90, Deed Records,
Dentc•n County, Texas.
10. Easement dated March 29, 1955, from W. T. Evers to Lone Star
Gas Company, recorded in Vol. 410, page 169, Deed Records,
Denton County, Texas.
11. Mineral interest as set out in Partition Deed between Jessie
E. King et vir,•Kenneth M. King and Lotta E. Callahan et vir
Felix W. Callahan dated February 10, 1965, recorded in Vol.
519, page 518, Deed Records, Denton County, Texas, as
modified by Partition Agreement between Jessie E. King and
Kenneth M. King and Lotta E. Callahan and Felix W. Callahan
dated July 15, 1970, and filed August 14, 1970, recorded in
Vol. 606, page 250, Deed Records, Denton County, Texas.
12. Easement dated June 24, 1970, executed by Lotta E. Callahan
et vir Felix W. Callahan to Lone Star Gas Company, filed
July 21, 1970 under clerk's file #6314.
13. Easement dated December 18, 1973 executed by Henry S. Miller
Company, Trustee to City of Denton, recorded in Vol. 695,
page 350, Deed Records, Denton County, Texas.
14. Easement dated September 22, 1978 executed by Lotta E.
Callahan et vir Felix W. Callahan to City of Denton,
recorded in Vol. 914, page 522, Deed Records, Denton County,
Texas.
15. Easement dated executed by Lotta E.
Callahan et al to City of Denton, recorded in Vol. 1728,
page 982, Deed Records, Denton County, Texas.
16. Easement dated executed by Lotta E.
Callahan et al to City of Denton, recorded in Vol. 1128,
page 988, Deed Records, Denton County, Texas.
17. That portion on the West lying in the Mayhill Road; Road
easement along the North; Power poles and lines; Guy ease-
ments; protrusion of fences beyond property lines; protrusion
WARRANTY DEED, Page 'rhree
~ j
of property lines beyond fences; and City of Denton ease-
ments all as shown on Survey dated October 25, 1982 by Gary
W. Hammett, Registered Public Surveyor.
18. Road easement dated August 30, 1961 executed by W. T. Evers
et al to the City of Denton recorded in Vol. 472, page 263,
Deed Records, D6nton County, Texas.
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 and assi
gns forever; and we do hereby bind. ourselves, our heirs, execu-
tors and administrators to WARRANT AND FOREVER DEFEND all and
singular the said premises unto the said grantee, its successors
and assigns, against every person whomsoever lawfuly claiming or
to claim the same or any part thereof.
EXECUTED this ~ day of _ 1982.
FELIX W. C? LAHAN_
LOTTA E. CALLAHAN
JAMES E. CALLAHAN
ANN C. STARK
By FELIX _q.___CALLA',i_AN, her agent and
attorney-in-fart
ROBERT W. CALLAHAN
By FELIX W. CALLAHAN, his-agent and
attorney-in-fact
WARRANTY DEED, P.a.ge Folir
w ~
,
THE STATE OF TEXAS §
s
COUNTY OF DENTON S
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared FELIX W. CALLAHAN and
LOTTA E. CALLAHAN, known to me to be the persons whose names are
subscribed to the foregoing instrument, and acknowledged to me
that. they executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 1982.
Notary Public, State o Texas
My Commission Expires:
THE STATE OF TEXAS 5
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared JAMES E. CALLAHAN, known
to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that ie executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE:, this day
of 1982,
Notary Public, State o Texas
My Commission Expires:
THE STATE OF TEXAS §
§
COUNTY OF DENTON S
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared FELIX W. CALLAHAN as agent
and attorney-in-fact for ANN C. STARK, known to me to be the per-
son whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed and the in capacity therein
stated,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
1982.
w
Notary Public, State o Texas
My Commission Expires:
WARRANTY DEED, Page Five
THE STATE OF TEXAS S
S
COUNTY OF DENTON S
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day personally appeared FELIX W. CALLAHAN as agent
and attorney-in-fact for ROBERT W. CALLAHAN, known to me to be
the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and the in capacity therein
stated,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
1982.
Notary Public, State o Texas
My Commission Expires:
~Un-SY-MOFITY"-C RK PLEASE REMO T
City of Denton
Municipal Building
215 E. McKinney
Denton, Texas 16201
WARRANTY DEED, Page Six
~ Y ' _ J~ `ti+.?• ~ its •
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i R E S O L U T I 0 N
WHEREAS, the City Council of the City of Denton has hereto-
fore determined the necessity for disposing of the real property
hereinafter described; and
WHEREAS, after due notice as required by law, competitive
bids were received by the City of Denton; and `
t 4;
WHEREAS, the highest bid received was for Five Thousand
Eight Hundred Dollars ($5,800.00), from Marvin Wills; and
J
WHEREAS, the City Council hereby finds and determines that
the reasonable and fair market value of such property is Five
Thousand Eight Hundred Dollars ($5,800.00);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
SECTION I.
`F The bid for Five Thousand Eight Hundred Dollars ($5,800.00)
by Marvin Wills is hereby accepted.
4 SECTION III t
S
The Mayor is hereby authorized to execute on behalf of the
City of Denton, Texas a quitclaim deed conveying the hereinafter
described property to Marvin Wills, to-wits
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas out of
the A.N.B. Tompkins Survey in Denton County, Texas, and being
more particularly described as follows: }
BEGINNING at the southwest corner of a tract of land conveyed to
W. H. Larnes and wife, Ruby Barnes by deed dated August 22, 1945
and recorded in Volume Page of the Deed Records of
Denton County, Texas;
THENCE north 72 feet along the east line of McCormick Street to
a point for a corner;
THENCE east 150 feet to a point for a corner;
THENCE south 72 feet to a point for corner in the north line of
Orr-Kid Drive;
THENCE west along the north line of Orr-Kid Drive 150 feet to
the place of beginning.
CONDITIONS: Sale is subject to the condition that all future
improvements shall be applicable to all City of Denton Rules and
Regulations, Specifications and Ordinances.
w
PAGE ONE
• 1411 ,''"W1 ~r.V
.4 1 'it
dFf
SECTION III.
a ,
The City of Denton is hereby authorized to pay its share of
the necessary and reasonable cost of closing as required by the
advertisement for bid.
PASSED AND APPROVED this the l day of ?sL-• 1962.
a r ~F
IC ARD 0. STEWA , MAYOR
CI OF DE TON
r
ATTE
ICKI WESTLING
;s DEPUTY CITY SECRETARY
a CITY OF DENTON, TEXAS
7.
APPROVED AS TO LEGAL FORM:
z" C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
f
BY :
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PAGE TWO
. 'I 4~♦. ~NI'i 2y r^ T K[^.1(~'9a R'"W.S' ',►p'R7n". 7 t' ~-Y.~{ `r r 1A[m(2 [a V'~ 1fy'r gr.R~i~~~;,d ♦7
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4 ' R•.'i ~ w la~ C~ x fe+4 a a rgv Sri + ~ ' S.
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R E S O L U T I O N
t
WHEREAS, the Constitution of the State of Texas affirms the
principle that "a general diffusion of knowledge is essential to
the preservation of the liberties and rights of the peo le"
(Article VII, Section 1); and p
e
WHEREAS, the public libraries of the State of Texas
facilitate the greatest diffusion of knowledge, freely, and to ,
all citizens, regardless of age or economic background; and
WHEREAS, the Texas State Library and Archives Commission has,
approved a budget request for the next biennium which would see
State bonds appropriated to support local library services in an
amount equal to $1.50 per capita; and g.
WHEREAS, an appropriation in this amount would create a
State and local partnership to provide the educational services
of local public libraries, a partnership which is essential if
ti adequate service is ever to be realized; and
WHEREAS, an appropriation of $1.50 per capital would be used
by the Denton Public Library to obtain extensive services for
users; and
WHEREAS, the State of Texas, which has appropriated funds
for local public libraries in the current biennium in an amount
equal to $0.32 per capita, ranks only 29th among the 44 states
appropriating funds for this purpose; and
WHEREAS, the State of Texas is fortunate to possess the
means necessary to provide for its citizens improved public;
library services through increased State funding of local public
libraries; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
That, the City of Denton, Texas pledge its support of level
4 funding for the Statewide Library Development program of the
Texas State Library, and that we further urge the support of all
members of the Texas Legislature to gain passage of this measure.
PASSED AND APPROVED this the 7A day of December, 1982,
-MAYUR
CITY OF DI TON, TEW
ATTE
TLI G
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR,, CITY ATTORNEY
BY:
~'p"pv ~,'T14~~°{;E, mi ~i'Z• try, t7'~y'~i •A j "p } 1. t .,1_yyt .Y.. F,! ..,,•t,•~ 4,,~sI D, , '!,1r t;R-y p~ 1,
' 1'P S i+IV ~i"i'vti{76~f,"Y;.,\~l.,l*41+ M'~! r,~~i•.l,,fiF,YF^i1~{"~~n'\ay.r,{(~.'*i♦*~~f~~~,15`; k'~'~J'f, a.M M1''` ~!1,5~i
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_L--',F-GI'xLZLSllLDEEg-=wr*s 9 atI`'7nTcLi:3_.4YiS:L.3~m~ ~_:-a.' x.ai,. - - _ g7~~{s..lC ' . n lr
TEXAS, 'JUL (yWF
C THE STATE, OF TEXAS, ,736 - - - +
HI\OW ALL MEN BY THESE PRESENTS;
COUNTY OF DENTON LU RECUiWb
258
That THE CITY OF DENT014o TEXAS, A MUNICIPAL CORPORATION
I of the County of Denton and State of Texas , for and In consideration of
the sum of
-------------------TEN AND NO/100 ($10.00)
DOLLARS,
to it in hand paid by Gene R. Wilborn
of the County of Denton and State of Texas , the receipt of which
E is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER
I QUIT CLArnf unto the said Gene R. Wilborn, his
i
heirs and assigns, all its right title and interest in and to that certain tract or par.
i
cel of Jar,d lying in the County of Denton and State of Texas, described as follows,
to-wit:
All that certain lot, tract or parcel of land lying and being situated
:i in the City and County of Denton, State of Texas, and being part of the
S. C. 'Hiram survey, Abstract No. 616, and being part of Lot No. 2,
Block 1 of the Redman Addition, an addition to tt,-? City and County of
Denton, and also being part of an easement conveyed from Lucy Rimbreli,
et al to the City of Denton by deed dated September 30, 1955 and
i recorded in Volume 916, Page 251 of the Deed Records of Denton County,
Texas, and more particularly described as follows:
~I BEING all of said easement conveyed to the City of Denton which lies
'i upon Lot 21 Block 1 of the Redman Addition recorded in Cabinet C, Page
76 of the Plat Records of Denton County, Texas.
;f
f
I
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i
,I
TO HAVE AND TO HOLD the said premises, together with all and singular the rights, 1Privi•
!
Ieges and appurtenances thereto in any manner belonging unto the said Gene R. Wilborn,
his heirs and assigns, foreeir, so that neither
the said
City of Denton, Texas, a Municipal Corporation, its successors
• • not i 6m om any person or persons claiming under it shalt, at any time hereafter,
have, claim or demand any right or title to the aforesaid prernbes or appurtenances, or any part there-
of.
i f`. t.• • W my hand at Denton, Texas this E
4 day of December A. D. 19 82
y
? Vt ~•ses'stL t of Grantor- CITY. OF EN ONE ERAS
BY s
14TH R -
raWAW SECRETARY
' .~aa..aJ.e_lJbe'L[tfmG~7mtV VVXax!lSl~.isasfW[t1i•-v+IC•af W Y[mw+YCYYILa~ ~
~ a-~[
~rniY.a-:ro'n!~trc*r~ar•c-rr..mad,--"-Sara'Tp,'r'•Y,'t'ti..^Fi ^[.~r':?3'►'f: :...-,rr-r-~.,
f "Ij. 1~._' a I..F„ FW
SINGLE ACK.\O~Yf,F,llGJ1ENT,
THE STATE OF TE\:1S, l VOL 11. 9?FsF738
COUNTY OF DENTON J BEFORE ME, the undersigned authority,
in un,t .or said Crunly, Texan, on this day l.r rscr nl;y apt rared RICHARD .0.. STEWART, ..MAYOR OF. THE ,
CITY OF DENTON, TEXAS
& officer
known to me to to tFe pcrGnn/ uhn:c c:,n;c is sub: cribcd to the foregoing instrument, and acknowledged to me that
he _ executed the same for the purpos, s and c•nsi icr:ni m therein PaprerseJ.
GIVEN UNDER UY HAND AND SF AL OF OFFICE, 'this 14t~ dny of Pt' e.. er. , A.D. 1982 _
JEANETTE SCOTT L ~c'•Y., , 4'. ~ .
ftagNrc2trollwr \;,lar Fuhl DENTO~J
aahsML* lYatlU.tl1S S _ County, Texas
s4tl
hty Cn•nmt."ion Expires June 1, 19...._.._.
JOINT ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE INIE, the undorslgntd authority,
COUNTY OF
in and for said County, Texas, on this day persr rally apr ea r.,i
and _
his wife, both known to me to he the persons a hose nnraes are s ibscrr;bed to the foregoing Instrument, and acknowledged to
me that they each executed the same for the purposes and consi&r;o!, n therein expressed, and the said
wile of the raid having been
examined by me privily and apart from her husband, and hovinr the same fully explained to her, she, the said
acknowledged such Instrument to be her act and deed and
she declared that sl•e had willingly signed the same for the purpnscs and consideration therein expressed, and that she did
not wish to rclrart it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thls day of . A. D. 19
I L. S.1
\ot;,ry Public, County, Texas
lip rommission Expires June 1, 19...,...._.
IVIFF.'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS, ~ -:•KFORE ME, the undersigned authority,
COUNTY OF
in and for said Count Texas on this day .-acoall a
, wife of
knoKa to me to be the rerrun chose nrme is subscribed to the fm evoing instrument, and having been examined by me privily
and apart from her husband, and h-tv;rg the same full; expla;rod to her, she, the said
nckno~rfLdged such Instrument to be her act and deed, and
she declared thnt oho. had willingly slgnMl the Pomp tr.r rhr_pauPrsas wid cni4f,<rntkm therPln exprexsed, and that she did
not wish to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,This _ day of.. , A.D. 19
(L.S.)
Notary Public, ...........................:........County, Texas
My Commisaton Expires June 1, 19......
CLERK'S CERTIFICATE
THE STATE TEXAS, l ,
E I, County
Clerk of the County, Court tr jald Count do hereby certify that the foregoing Instrument of writing doted un the
da of...
• y g a ~ A D 19 , tt ith its Certiflcale of Authentication, was fled for
record fn my oMee orsih~r z S day o , A. D. 19, , at. o'clock M., and duly
8 dY3
Q
recorded this........ ..o A. D. 19......., at.. o'clock M., In the
. ti•. (~Ai ,ecords of sold County, in Volume on pages
WITNESS NY H~r . 'Ttt~>Ati OICOL 'TY COURT of sold County, at office In_
-18
.
~ . e y and year last above written,
Sr
County Clerk....- .....................................................County, Texas.
fL 5.) Q ~e;e Ey Deputy.
Li~g 1 j Hv x
i A
F ILL - _ ~ to
24t~'23i ~
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• 'dflt~ .i, r Y i
i 11 l L PG 1V I..F; IT I l~ a i , U
i.J 0 411 a ,i FIY.
a
e 1 a
111E STATE OF TEXAS
ICNOW ALL MEN BY THESE PRESEI*rs:
'COUNTY OF DENTON
I~ That THE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORATION
of the County of Denton
I Y and State of Texas for and in consideration of
the suin of
k~
{ -------------------TEN AND - NO1100 - ($10.00)
DOLLARS,
I; to it in hand paid by Gene R. Wilborn
I of the County of Denton and State of Texas , the receipt of which
is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER
QUIT CLAIM unto the said Gene R. Wilborn, his
heirs and assigns, all its right title and interest in and to that certain tract or pas
eel of land lying in the County of Denton and State of Texas, described as follows,
to-wit:
All that certain lot, tract or prrcel of land lying and being situated
in the City and County of Denton, State of Texas, and being part of the
S.--C. Hiram -.Survey, Abstract No. 616, and being part of Lot No. 2,
Block 1 of the Redma:r Addition, an addition to the City and County of
Denton, and also being part of an easement conveyed from Lucy Kimbrell,
et al to the City of Denton by deed dated September 300 1955 and
recorded in Volume 416, Page 251 of the Deed Records of Denton County,
Texas, and more particularly described as follows:
BEING all of said easement conveyed to the City of Denton which lies
upon Lot 2, Block 1 of the Redman Addition recorded in Cabinet C, Page
76 .of._the-12lat_Records .of__Denton_County, Texas.
.TO-HAVE AND TO HOLD the said premises, together with all and singular the
rights, privi-
leges and appurtenances thereto in any manner belonging unto the said Gene R. Wilborn,
his heirs and assigns, forever, so that neither • the said
City of Denton, Texas, a Municipal Corporation, its successors
nor bekx>m any person or persons claiming under it shall, at any time hereafter,
have, claim or demand any right or title to the aforesaid premises or appurtenances, or an, put there.
of.
Wi'i'NF,&9 my Lsnd at Denton, Texas this
14th day of December A. D,19 62
Witnesses 4Pegiwt-of Creator: CITY OF EN ON EXA9
I HARD ST RT, R
l CITY 8BCR8I'ARY
.07 97
Q
40
SINGLE ACKNOWLEDGhfE,NT
Tt*E STATE OF TEXAS,
COUNTY OF_.__DENTON . BEFORE ME, the undersigned authority,
In and for said County, Texas, on this day personally appeared RICHARD...Q..._.STEWA RT.s_.MAk'.O.R._O.F._THE..
CITY.. OF DENTONr. TE)(A5
known to me to be the person/.. whose tame . 1 S subscribed to the foregoing Instrument, and acknowledged tome that
he....... executed the same for the purposes and consideration therein expressed.
GIVEN UNDEB6XX HAND A." SEAL OF OFFICE, This....,.19 da A.D. 18
92
y of D(L«S.) +i ; JEANETTESCOTI
j
hbfa Ras of taw as
YV Notary b , ..._.DENTO ..._......_.....County, Texas
"r o, My Commission Expires June 1, 19............
JOINT ACKNOWLEDGMENT
THE STATE OF TEXAS,
' BEFORE ME, the undersigned authority,
In and for said County, Texas, on this day personally appeared..
_ and
Ais wife, both known to me to be the persons whose names are subscribed to the foregoing Instument, and acknowledged to
me that they each executed the same for the purposes and consideration therein expressed, and the said
.
wife of the said._ -....having been
examined by me privily and apart from her husband, and having the same fully explained to her, the, the said
. - acknowledged such Instrument to be her act and deed and
she declared that abe hiA willingly signed the same for the purposes and consideration therein expressed, and that she did
net wish to retract It.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This..... day of A.D. 19....._....
(L.S.I .
Notary Public . County, Texas
My Commisslon Expires June 1, 111..........
WIFE'S SEPARATE ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OR BEFORE ME, the undersigned authority,
In and for said County, Texas, on this day personally appeared
wife of__..... krwwn to ma to 1>e the nt .
person whose name is subscribed to the [oregoinglnalrumEnt, and having been examined by me e privily
and apart from her husband, and ha%ing the same fully explained to her, she, the said
.1....••• ° acknowledged such instrument to be her act and deed, and
she declared that the had willingly signed the same for the purposes and consideration therein expressed, and that the did
not with to retract it.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,Tals day of...... A.D. 19._......_
...Cosa .
Notary Public, nty, Texas
My Commission Expires June I, 19._...._..
CLERK'S CERTIFICATE
THE STATE OF TEXAS, _
I,..._.-__......... County
COUNTY
Clerk of the Crounty,.Court of sold County, do hereby certify that the foregoing instrument of writing dated on the
,
ti.day #A. D. 19......., with its Certificate of Authenticat(oo,,was filed for
MOM In my offies oA the..._._._.....,...daq of, , A D..19.._..;., at o'clock -M., and duly
recorded Ws..._.. -._-.day of .A. D. It....... at.......... ._...o'clock...,......_...M., in the
Y_.. _ _ Recordr, of said County, In Volums.................. , on pages....._......._ .
W]M$8 MY HAND AND SEAL OF THE COUNTY COURT of said County, at office Im . .
i
, the day and year last above written.
County Clerk ..,........Count Texas,
M1) By......... , Deputy.
1 {t r- • at...:. ,k j1„Sr.~..J_ 1 _i1. 1•, _ .i.. M~r _O
A t Pi71
10 V
Ic Ly ci' A k E0
ZI Ind
H
x 1'0 17~ a1 all
A
az Rd I? Her si HC
~tA, E"'j, ~ 311
Of
i I rn s,
NO.-_[
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY EASEMENT
WITHIN THE CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A
QUITCLAIM DEED CONVEYING ALL RIGHT, TITLE AND INTEREST OF THE
CITY IN SAID EASEMENT TO THE OWNER OF THE TRACT OF LAND CONVEYED
BY SAID EASEMENT; AND DECLARING AN EFFECTIJE DATE.
WHEREAS, the City Council of the City of Oenton, acting
pursuan$- to law, and upon the request and petiiion of the
grantee herein, deems it advisable to abandon and convey the
hereinafter described tract of land to grantee and is of the
opinion that said utility easement is not needed for public use,
and that same should be abandoned and quitclaimed to Gene R.
Wilborn as hereinafter provided; and
WHEREAS, the City Council of the City of Denton is of the
opinion that the best interest and welfare of the public will be
served by abandoning and conveying the same to Gene R. Wilborn j
for the consideration hereinafter more fully set forth; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL O? THE CITY OF DENTON:
SECTION I.
That the following described tract of land in the City of
Denton be and the same is hereby abandoned, vacated and closed
insofar as the right, kitle and easement of the public are
concerned:
All that certain lot, tract or parcel of land lying and being
situated in the City and County of Denton, State of Texas, and
being part of the S. C. Hiram Survey, Abstract No. 616, and
being part of Lot No. 20 Block 1 of the Redman Addition, an
addition to the City and County of Denton, and also being part
of an easement conveyed from Lucy Rimbrell, et al to the City of
Denton by deed dated September 30, 1955 and recorded in Volume
916, Page 251 of the Deed Records of Denton County, Texas, and
more particularly described as follows:
BRING all of said easement conveyed to the City of Denton which
lies upon Lot 2, Block 1 of the Redman Addition recorded in
Cabinet C, Page 76 of the Plat Records of Denton County, Texas.
SECTION II.
That the Mayor and City Secretary are hereby authorized to
execute and deliver that certain quitclaim deed attached hereto
and incorporated herein conveying said utility easement
described therein to Gene R. Wilborn.
SECTION III.
That portion of the public utility easement herein described
being vacated, abandoned, and closed is made subject to all
existing zoning regulations and deed restrictions, if any, and
subject to all existing easement rights of others, if any,
whother apparent cr not.
SECTION IV.
This ordinance shall take effect and be in full force and
effect frOM and after the date of its passage, and it is so
ordained,
PAGE ONE
PASSED AND APPROVED by the City Council of the City of
Denton, Texas, this the 11 day of December, 1982,
a,
IC ARD 07 STn RT, MA
CITY OF NTON, TEXAS
ATTEST
i A
uVICKI WEST I G, DEP
CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
PAGE TWO
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C"34"UIT CLAIM DEtD-Rkh single. Jolat •nd I iN. s.pn % ACkLp.ladgeme. YARTIN ftdmar► eo., renu
-THE STATE OF TEXAS, ,
COUNTY OF DENTON J KNOW ALL MEN BY THESE PRESENTS:
Tfat THE CITY OF DENTON, TEXAS, A MUNICIPAL CORPORATION
of the County of Denton and State of Texas , for and in consideration of
the sum of
-------------------TEN AND NO1100 ($10.00) DOLLARS,
to it in hand paid by Gene R. Wilborn
of the County of Denton and State of Texas , the receipt of which
to hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER
QUIT CLAIM unto the said Gene R. Wilborn, his
heirs and assigns, all its right title and interest in and to that certain tract or par•
cel of land lying In the County of Denton and State of Texan, described as follows,
to-wit:
All that certain lot, tract or parcel of land lying and being situated
in the City and County of Denton, State of Texas, and being part of the
S. C. Hiram Survey, Abstract No. 616, and being part of Lot No. 2,
Block 1 of the Redman Addition, an addition to the City and County of
Denton, and also being part of an easement conveyed from Lucy Rimbrell,
et al to the City of Denton by deed dated September 30, 1955 and
recorded in Volume 416, Page 251 of the Deed Records of Denton County,
Texaa, and more particularly described as follows:
BEING all of said easement conveyed to the City of Denton which lies
upon Lot 2, Block 1 of the Redman Addition recorded in Cabinet C, Page
76 of the Plat Records of Denton County, Texas.
TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privi.
leges and appurtenances thereto in any manner belonging unto the said Gene R. Wilborn,
his heirs and assigns, forever, so that neither the said
City of Denton, Texas, a Municipal Corporation, its successors
nor 1}olao- oat any person or persons claiming under it shall, at, any time hereafter,
have, claim or demand any rig'at or title to the aforesaid premises or appurtenances, or any part there-
of.
W1TNE38 my hand at Denton, Texas this
14th day of December A. D.19 02
Witness t Request of Grantort CITY OF E T0N, TEXAS
'r oft Iff R
. R HARD . ST1. ART, R
DEPUTY CITY SEC TARY
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CU=1 ATE FOR
ORDnWCE MVASSUrG E'iF 1CN REI4WS
THE STATE OF TEXAS
CCUNTY OF DE!?rON
CITY OF DE21rONI
We, the undersigned officers of said City, hereby certify as follrms:
1. The City Council of said City convened in
SPECIAL MEETU)G OU THE 14TH DAY OF DEMSER, 1982,
at the Municipal Building (City Hall), and the roll was called of the duly
constituted officers and members of said City Council, to-wit:
Charlotte Allen, City Secretary Richard 0. Stewart, Mayor
Dr. A. Ray Stephens Mirk Chew
Jack Barton Jim Riddlesperger
Charles Hopkins Joe Alford
and all ~,.i persons r resent, eycept the following absentees:
thus constituting a quorum.
Whereup5A,-ami5ng other business, the o awing was transacted at said Meeting:
a written
OPDDW= CANVASSING MECPION RETURNS
was duly introduced for the consideration of said City Council and duly read.
It was rl:en duly :roved and seconded that said Ordinance be passed; and, after
due discussion, said motion, carrying orith it the passage of said ordinance,
prevailed and carried by the following vote:
AYES: All mwbers of said City Council
shown present above voted "Aye".
NOES: None.
2. That a true, full, and correct copy of the aforesaid ordinance passed
e. the Meeting described in the ah ve and foregoing paragraph is attached to
and follows this Cartificat>> :lit csid Ordinance has been duly recorded in
said City Council's minutes of said Meeting; that the above and foregoing
paragraph is a true, full, and correct excerpt fran said City 0uncil's
minutes of said Meeting pertaining to the passage of said Ordinancel that the
persons named in the above and foregoing paragraph are the duly chosen,
qualified, and acting officers and members of said City Council as indicated
therein; that each of the officers and members of said City CoLmcil was duly
and sufficiently notified officially and personally, in advance, of the time,
place, and purpose of the aforesaid Meeting, and that said Ordinance -rrild be
introduced a-A co:ssidered for passage at said Meetings and that said Mameting
was open to the public, and public notice of the time, place, and purpose of
acid meeting was given, all as required by Vernon's Ann. Civ. St. Article
6252-17.
3. That the Mayor of said City has approved, and hereby appm es, the
aforesaid Ordinance; that the Mayor and the City Secretary of said City have
duly signed said Ordinance; and that the Mayor and the City Secretary of said
City hereby declare that their signing of this Certificate shall constitute
the signing of the attached and following copy of said Ordinance for all
purposes.
S AND the 14th day of December, 1982.
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We, the ux orsigned, being respectively the City Attorney and the Bond
Attorneys of the City of Denton, Texas, hereby certify that we prepared and
approved as to legality the attached and following ordinance prior to its
passage as aforesaid.
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ORDINANCE 210, 82- /Of-
ORDINANCE CANVASSING ELECTION RETURNS
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF•DENTON
WHEREAS, the City Council of said City ordered an election
to be held in said City on DECEMBER 11, 1982, on the PROPOSI-
TIONS hereinafter stated; and
WHEREAS, said City Council has investigated all matters
pertaining to said election, including the ordering, giving
notice, officers, holding, and making returns of said election;
and
WHEREAS, the election officers who held said election have
duly made the returns of the result thereof, and said returns
have been duly delivered to this City Council.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
1. That the City Council officially finds and determines
that said elect'..on was duly orderer, that proper notice of said
election was duly given, that proper election officers were
duly appointed prior to said election, that said election was
duly held, that due returns of the result of said election have
been made and delivered, and that the City council has duly
canvassed said returns, all in accordance with law and the
Ordinance calling said election.
2. That the City Council officially finds and determines
that the following votes were cast at said election on each
submitted PROPOSITION, by the residen'., qualified electors of
said City who voted at the election:
PROPOSITION NO. 1
825 VOTES: FOR )
THE ISSUANCE OF $8,215,040
OF STREET AND SIDEWALK IM-
PROVEMENT BONDS
1013 VOTES: AGAINST )
PROPOSITION NO. 2
1007 VOTES: FOR )
THE ISSUANCE OF $31282,000
OF DRAINAGE IMPROVEMENT
BONDS
811 VOTES, AGAINST }
PROPOSITION NO. 3
865 VOTES: FOR )
THE ISSUANCE 07 $218,000
OF PARK BONDS
971 VOTES: AGAINST )
PROPOSITION NO. 4
937 VOTES, FOR )
THE ISSUANCE OF $9000000
OF-UNIVERSITY DRIVE IM-
PROVEMENT BONDS
890 VOTESs AGAINST }
PROPOSITION NO. 5
793 VOTES: FOR )
THE ISSUANCE OF $1,100,000
OF MUNICIPA7, BUILDING 114-
} PROVEM£NT BONDS
1031 VOTES: AGAINST )
PROPOSITION NO. 6
1043 VOTES: FOR }
THE ISSUANCE OF $450,000
OF FIRE SUBSTATION BONDS
778 VOTES: AGAINST )
PROPOSITION NO. 7
1018 VOTES: FOR )
THE ISSUANCE OF $110,000
OF TRAFFIC CONTROL SIGNALS
BONDS
808 VOTES: AGAINST )
3. That the City Council officially finds, determines,
and declares the result of said election to be that each of the
foregoing PROPOSITIONS NOS. 21 4, b, and 7 so submitted has
received a favorable majority vf)`.- in all respects and has
carried, and that the bonds vot,'.l thereunder may be issued in
accordance with law; but that each of the foregoing PROPOSTIONS
NOS. 1, 3, and 5 failed to carry, and that no bonds shall be
issued thereunder.
14
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TRUSTEE'S DEED
THE STATE OF TEXAS 5 DEED RECORDS
S KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT S 4.329
That TEXAS AMERICAN BANK/FORT WORTH, N.A., (formerly known
as The Fort Worth National Bank), of the County of Tarrant, State
of Texas, in its capacity as Trustee under the Trust Agreement
between W. T. Evers and The Fort Worth National Bank, ("Grantor"),
for and in consideration of the sum of SIX THOUSAND, SIX HUNDRED
FIFTY and no/100 DOLLARS ($6,650.00), cash, to it in hand paid by
THE CITY OF DENTON? TEXAS ("Grantee"), has GRANTED, SOLD AND
CONVEYED, and by these presents does GRANT, SELL AND CONVEY,
unto said Grantee, of the County of Denton, State of Texas:
All that certain tract or parcel of land situated in
the Myers-Brummett-Johnson Survey, Abstract 1699,
Denton County, Texas, being a part of a certain
(called) 514.46 acre tract in the W. T. Evers Estate
recorded in Volume 399, Page 539, Deed Records of
said County, and being more fully described as follows:
COMMENCING at the Southwest corner of a 51.470 acre
tract described in a deed from John Porter Auto Sales,
Inc. to David H. Steiner, et ux, recorded in Volume 797,
Page 410 Deed Records of Denton County, Texas, at a
steel pin on the South boundary line of Jim Christal
Road;
THENCE N DO 00' W with the west boundary line of
said 51.470 acre tract a distance of $5.82 feet to
a nail in the middle of Jim Christal Road;
THENCE N 7GO 12: 46" W with the middle of Jim Christal
Road a distance of 408.71 feet to a nails
THENCE S 890 16' 36" W with the middle of Jim Christal
Road a distance of 923.25 feet to a nail;
THENCE S 190 06' 38" W a distance of 26.6 feet to a
steel pin in a fence on the South boundary line of
Jim Christal Road at the place of beginning;
THENCE 6 1"O 06' 38" W with the west boundary line of
an existing T.P. Z L. Power easement a distance of
254.0 feet to a point for a corner;
THENCE S 890 03' 00" W a distance of 200 feet to a
point for a corner;
THENCE N 00 57' 00" w a distance of 238.59 feet to
a point for a corner in a fence on the South boundary
line of Jim Christal Roads
THENCE N. 890 03' E with the South boundary line of
Jim Christal Road a distance of 286.13 feet to the
place of beginning and containing in all 1.33 acre
of land.
P
SAVE AND EXCEPT all of the oil, gas and other minerals
On, under or which may be produced from said tract of
land described above, pp ~
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and the further consideration to which the Grantee herein
by the acceptance of this Deed assents and agrees that Grantee
shall plant and maintain a scenic barrier around the perimeter
of the land hereby conveyed insofar as it abutes the property
now owned by the Grantor, which barrier shall consist of orna-
mental shrubbery located outside of, fences and other improve-
ments which may be constructed by Grantee on the land hereby
conveyed. This obligation of the Grantee shall constitute a
covenant running with the land.
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, itd heirs and assigns
forever, and the Grantor in its fiduciary capacity as set out
herein does hereby bind itself, its successors and assigns to
Warrant and Forever Defend all and singular the said premises
unto the said heirs and assigns, against every person whomsoever
lawfully.claiming or o claim the same or any part thereof, but
only insofar as under the law the Grantor in its fiduciary capa-
city is authorized or permitted to bind the Trust Estate by a
1
warranty of titldi and it is specially agreed between the parties
hereto that in no event shall Texas American Bank/Fort Worth, N.A.
itself, as Aistin4uish6d from the Grantor in its fiduciary capacity,
ever be held liable under any warranty of title hereunder, expressed
or implied.
EXECUTED at Fort Worth, Texas, this Z3 day of e e eAJeCi
• '.1982.
TEXAS'AMERICAN BANK/FORT WORTH, N.A.
in its capacity as Trustee under the
n= Trust Agreement with W T. Evers
By
ice Presid"t an Tru`sT Officer
,.0
ATT
s s t ce; s ent & Trust officer
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STATE OF TEXAS $
S
COUNTY OF TARRANT $
This instrument was acknowledged before me on
U QQa by W. L. SIRS, Vice President and
Trust Officer of Texas Americat Bank/Fort Worth, N.A.,
a national banking association, on behalf of said
association.
t'~tic Not y Public in and
r .6 for State of Texas
O C $:}8 Expires: XAIKRYN RENNIKEN• Notary Public
State of Tam
.1:s,~}oi4~pkcr9cpobar 1, 1985
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